Colorado Contractor Licensing Law
Colorado Code · 906 sections
The following is the full text of Colorado’s contractor licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 1-1-104
1-1-104. Definitions. As used in this code, unless the context otherwise requires:
(1) Abstract of votes cast means a certified record of the results in each
election for candidates for any office, ballot issue, or ballot question that the county clerk and recorder certified for the ballot.
(1.1) Address of record means the elector's place of residence or the
elector's deliverable mailing address, if different from the elector's place of residence.
(1.2) Affiliation means an elector's decision to affiliate with either a
political party or a political organization, as defined in subsections (24) and (25) of this section.
(1.3) Assembly means a meeting of delegates of a political party, organized
in accordance with the rules and regulations of the political party, held for the purpose of designating candidates for nominations.
(1.5) Authorizing legislation means the provisions of the state constitution
or statutes or of a local charter authorizing the existence and powers of a political subdivision and providing for the call and conduct of the political subdivision's election.
(1.7) Ballot means the list of all candidates, ballot issues, and ballot
questions upon which an eligible elector is entitled to vote at an election.
(2) Ballot box means the locked and sealed container in which ballots are
deposited by eligible electors. The term includes the container in which ballots are transferred from a polling location to the office of the designated election official and the transfer case in which electronic ballot cards and paper tapes and the prom or any other electronic tabulation device are sealed by election judges for transfer to the central counting center.
(2.1) Ballot card means the card, tape, or other vehicle on which an
elector's votes are recorded in an electronic or electromechanical voting system.
(2.3) Ballot issue means a state or local government matter arising under
section 20 of article X of the state constitution, as defined in sections 1-41-102 (4) and 1-41-103 (4), respectively.
(2.5) Ballot issue notice means the notice which is required by section 20
(3)(b) of article X of the state constitution and comprises the material between the notice title and the conclusion of the summary of comments.
(2.7) Ballot question means a state or local government matter involving a
citizen petition or referred measure, other than a ballot issue.
(2.8) Confirmation card means a communication mailed from a county clerk
and recorder to an elector pursuant to section 1-2-302.5 (2)(b)(III), 1-2-509 (3)(b)(III), or 1-2-605, which card must:
(a) Be mailed to the elector's address of record;
(b) Be sent by forwardable mail;
(c) Comply with all relevant requirements of the federal National Voter
Registration Act of 1993, 52 U.S.C. sec. 20501 et seq., as amended; and
(d) Include a postage-prepaid, preaddressed form by which the elector may
verify or correct his or her address information.
(3) (Deleted by amendment, L. 94, p. 1750, � 1, effective January 1, 1995.)
(4) (Deleted by amendment, L. 93, p. 1394, � 2, effective July 1, 1993.)
(5) Congressional vacancy election means an election held at a time other
than the general election for the purpose of filling a vacancy in an unexpired term of a representative in congress.
(6) Convention means a meeting of delegates of a political party, organized
in accordance with the rules and regulations of the political party, held for the purpose of selecting delegates to other political conventions, including national conventions, making nominations for presidential electors, or nominating candidates to fill vacancies in unexpired terms of representatives in congress or held for other political functions not otherwise covered in this code.
(6.5) Coordinated election means an election where more than one political
subdivision with overlapping boundaries or the same electors holds an election on the same day and the eligible electors are all registered electors, and the county clerk and recorder is the coordinated election official for the political subdivisions.
(7) County includes a city and county.
(7.3) County commissioner vacancy election means an election described
in section 1-12-206 (8)(a) that is conducted as part of a November odd-year coordinated election and that is held for the purpose of filling a vacancy in an unexpired term of the office of county commissioner who was affiliated with a major political party in a county with a population of at least fifty thousand active voters as of the date of the last general election.
(7.5) Deliverable mailing address means the elector's mailing address if
different from the elector's address of record as specified in accordance with section 1-2-204 (2)(f).
(8) Designated election official means the member of a governing board,
secretary of the board, county clerk and recorder, or other person designated by the governing body as the person who is responsible for the running of an election.
(9) District captain or district co-captain means any registered elector
who is a resident of the district, is affiliated with a political party, and is designated or elected pursuant to political party rules of the county.
(9.5) District office of state concern means those elective offices, involving
congressional districts or unique political subdivisions with territory in more than one county and with their own enabling legislation, as identified by rules of the secretary of state based upon the method for designating candidates for office and responsibility for identification and qualification of candidates.
(9.6) Driver's license means any license, temporary instruction permit, or
temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles and any identification card issued under part 4 of article 2 of title 42, C.R.S.
(9.7) Drop box means a secure receptacle established to receive mail
ballots twenty-four hours a day. The term does not include a mail ballot box maintained at a voter service and polling center pursuant to section 1-5-102.9 (3)(l) or a drop-off location.
(9.8) Drop-off location means a location established for the receipt of mail
ballots under the supervision of a municipal clerk, election judges, a county clerk and recorder or a member of the county clerk and recorder's staff, a designated election official, or another person designated by the designated election official as required by this code. The term does not include a mail ballot box maintained at a voter service and polling center pursuant to section 1-5-102.9 (3)(l) or a drop box.
(10) Election official means any county clerk and recorder, election judge,
member of a canvassing board, member of a board of county commissioners, member or secretary of a board of directors authorized to conduct public elections, representative of a governing body, or other person contracting for or engaged in the performance of election duties as required by this code.
(11) Election records includes accounting forms, certificates of registration,
pollbooks, certificates of election, signature cards, all affidavits, voter applications, other voter lists and records, mail ballot return envelopes, voted ballots, unused ballots, spoiled ballots, replacement ballots, key card access system logs, and video security surveillance recordings.
(12) Elector means a person who is legally qualified to vote in this state.
The related terms eligible elector, registered elector, and taxpaying elector are separately defined in this section.
(13) Elector registration information changes means changes in the name,
address, or political affiliation of a registered elector which are allowed by the provisions of this code.
(13.5) Electromechanical voting system means a system in which an
elector votes using a device for marking a ballot card using ink or another visible substance and the votes are counted with electronic vote-tabulating equipment. The term includes a system in which votes are recorded electronically within the equipment on paper tape and are recorded simultaneously on an electronic device that permits tabulation at a counting center. As used in part 6 of article 5 of this title, electromechanical voting system shall include a paper-based voting system.
(14) Electronic vote-tabulating equipment or electronic vote-counting
equipment means any apparatus that examines and records votes automatically and tabulates the result, including but not limited to optical scanning equipment. The term includes any apparatus that counts votes electronically and tabulates the results simultaneously on a paper tape within the apparatus, that uses an electronic device to store the tabulation results, and that has the capability to transmit the votes into a central processing unit for purposes of a printout and an official count.
(14.5) Electronic voting device means a device by which votes are recorded
electronically, including a touchscreen system.
(15) Repealed.
(15.5) Electronic voting system means a system in which an elector votes
using an electronic voting device.
(16) Eligible elector means a person who meets the specific requirements
for voting at a specific election or for a specific candidate, ballot question, or ballot issue. If no specific provisions are given, an eligible elector shall be a registered elector, as defined in subsection (35) of this section.
(16.5) Federally accredited laboratory means a laboratory certified under
section 231 of the federal Help America Vote Act of 2002, 52 U.S.C. 20901 et seq., or any successor section.
(17) General election means the election held on the Tuesday succeeding
the first Monday of November in each even-numbered year.
(18) Governing body means a board of county commissioners, a city
council, a board of trustees, a board of directors, or any other entity which is responsible for the calling and conducting of an election.
(18.5) Group residential facility means a nursing home, a nursing care
facility licensed pursuant to part 1 of article 3 of title 25, a home for persons with intellectual and developmental disabilities as defined in section 25.5-10-202, an assisted living residence licensed pursuant to section 25-27-105, or a residential treatment facility for persons with behavioral or mental health disorders.
(19) Gubernatorial means and refers to voting in general elections for the
office of governor.
(19.5) (a) Identification means:
(I) A valid Colorado driver's license, except a license issued under part 5 of
article 2 of title 42, C.R.S.;
(II) A valid identification card issued by the department of revenue in
accordance with the requirements of part 3 of article 2 of title 42, C.R.S.;
(III) A valid United States passport;
(IV) A valid employee identification card with a photograph of the eligible
elector issued by any branch, department, agency, or entity of the United States government or of this state, or by any county, municipality, board, authority, or other political subdivision of this state;
(V) A valid pilot's license issued by the federal aviation administration or
other authorized agency of the United States;
(VI) A valid United States military identification card with a photograph of
the eligible elector;
(VII) A copy of a current utility bill, bank statement, government check,
paycheck, or other government document that shows the name and address of the elector;
(VIII) A valid medicare or medicaid card issued by the United States health
care financing administration;
(IX) A certified copy of a birth certificate for the elector issued in the United
States;
(X) Certified documentation of naturalization;
(XI) A valid student identification card with a photograph of the eligible
elector issued by an institution of higher education in Colorado, as defined in section 23-3.1-102 (5), C.R.S.;
(XII) A valid veteran identification card issued by the United States
department of veterans affairs veterans health administration with a photograph of the eligible elector;
(XIII) [Editor's note: For the applicability of this subsection (19.5)(a)(XIII) on
or after January 1, 2026, see the editor's note following this section.] A valid identification card, which need not contain a photograph, that is:
(A) Issued by a federally recognized tribal government, the bureau of Indian
affairs, or the Indian health service; or
(B) Issued by any other federal agency issuing identification certifying tribal
membership and that includes an address in the state; or
(XIV) Any form of identification specified in subsections (19.5)(a)(I) to
(19.5)(a)(XIII) of this section that is in a digital format.
(b) Any form of identification indicated in paragraph (a) of this subsection
(19.5) that shows the address of the eligible elector shall be considered identification only if the address is in the state of Colorado.
(c) Verification that a voter is a resident of a group residential facility, as
defined in subsection (18.5) of this section, shall be considered sufficient identification for the purposes of section 1-7-110 (1).
(d) Verification that a voter is a person committed to the department of
human services and confined and eligible to register and vote shall be considered sufficient identification of such person for the purposes of section 1-2-210.5.
(19.7) Instant runoff voting means a ranked voting method used to select a
single winner in a race, as set forth in section 1-7-1003 (3).
(20) Joint candidates means the two candidates for the office of governor
and the office of lieutenant governor for whom one vote cast at any general election is applicable to both offices.
(21) (Deleted by amendment, L. 93, p. 1394, � 2, effective July 1, 1993.)
(21.5) Key card access system means a system that controls physical entry
into a room or location by use of a radio frequency identification card or similar door access system and produces a log that includes the name, date, and time that a person enters the room or area.
(22) Major political party means any political party that at the last
preceding gubernatorial election was represented on the official ballot either by political party candidates or by individual nominees and whose candidate at the last preceding gubernatorial election received at least ten percent of the total gubernatorial votes cast.
(22.5) Major political party affiliation means an elector's decision to
affiliate with a major political party, as defined in subsection (22) of this section.
(22.6) Major political party vacancy election means an election that is
conducted as part of an odd-year coordinated election to fill a vacancy in the general assembly in accordance with section 1-12-203 (1.5).
(22.7) Manual count means a count conducted by hand or by scanning a
bar code.
(23) Minor political party means a political party other than a major
political party that satisfies one of the conditions set forth in section 1-4-1303 (1) or has submitted a sufficient petition in accordance with section 1-4-1302.
(23.3) Nonpartisan election means an election that is not a partisan
election.
(23.4) Overvote means the selection by an elector of more names than
there are persons to be elected to an office or the designation of more than one answer to a ballot question or ballot issue. Overvote does not include the ranking of multiple candidates in an election using instant runoff voting in accordance with part 10 of article 7 of this title 1.
(23.5) Paper-based voting system means an electromechanical voting
system in which the elector's vote is recorded solely on a paper ballot.
(23.6) Partisan election means an election in which the names of the
candidates are printed on the ballot along with their affiliation. The existence of a partisan election for the state or for a political subdivision as a part of a coordinated election does not cause an otherwise nonpartisan election of another political subdivision to become a partisan election.
(24) Political organization means any group of registered electors who, by
petition for nomination of an unaffiliated candidate as provided in section 1-4-802, places upon the official general election ballot nominees for public office.
(25) Political party means either a major political party or a minor political
party.
(26) Political party district means an area within a county composed of
contiguous whole election precincts, as designated by the political party county chairperson.
(27) Pollbook means the list, maintained in the statewide voter registration
system created in section 1-2-301, of eligible electors who are permitted to vote at a polling location or by mail ballot in an election conducted under this code.
(27.5) Polling location means a polling place or a voter service and polling
center, as applicable.
(28) Repealed.
(29) Population means population as determined by the latest federal
census.
(29.5) Post office box means a compartment on the premises of a central
mailing location, whether the location is administered by the United States postal service or a commercial mail service entity, in which a patron's incoming mail is held until collected by the patron.
(30) Precinct means an area with established boundaries within a political
subdivision used to establish election districts.
(31) Precinct caucus means a meeting of registered electors of a precinct
who are eligible to participate in accordance with the provisions of section 1-3-101, such meeting being organized in accordance with the rules and regulations of the political party.
(31.5) Presidential election means an election held on the first Tuesday
after the first Monday in November of an even-numbered year in which the names of candidates for president of the United States appear on the ballot.
(32) Primary election means the election held on the last Tuesday in June
of each even-numbered year and the presidential primary election held in accordance with part 12 of article 4 of this title 1.
(33) Property owners list means the list furnished by the county assessor
in accordance with section 1-5-304 showing each property owner within the subdivision, as shown on a deed or contract of record.
(33.5) Public assistance includes, but is not necessarily limited to,
assistance provided under the following programs:
(a) The food stamp program, as provided in part 3 of article 2 of title 26,
C.R.S.;
(b) Programs established pursuant to the Colorado Medical Assistance
Act, articles 4, 5, and 6 of title 25.5, C.R.S.;
(c) The special supplemental food program for women, infants, and children,
as provided for in 42 U.S.C. sec. 1786;
(d) Assistance under the Colorado works program, as described in part 7 of
article 2 of title 26, C.R.S.
(34) Publication means printing one time, in one newspaper of general
circulation in the political subdivision if there is such a newspaper, and, if not, then in a newspaper in the county in which the political subdivision is located. For a political subdivision with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the political subdivision, then one publication is required in a newspaper in each county in which the political subdivision is located and in which the political subdivision also has fifty or more eligible electors.
(34.2) Purchase means to enter into a contract for the purchase, lease,
rental, or other acquisition of voting equipment.
(34.4) Ranked voting method means a method of casting and tabulating
votes that allows electors to rank the candidates for an office in order of preference and uses these preferences to determine the winner of the election. Ranked voting method includes instant runoff voting and choice voting or proportional voting as described in section 1-7-1003.
(34.5) Referred measure includes any ballot question or ballot issue
submitted by the general assembly or the governing body of any political subdivision to the eligible electors of the state or political subdivision pursuant to article 40 or 41 of this title.
(35) Registered elector means an elector, as defined in subsection (12) of
this section, who has complied with the registration provisions of this code and who resides within or is eligible to vote in the jurisdiction of the political subdivision calling the election. If any provision of this code requires the signing of any document by a registered elector, the person making the signature shall be deemed to be a registered elector if the person's name and address at the time of signing the document matches the name and address for the person on the registration document at the county clerk and recorder's office, and as it appears on the master elector list on file with the secretary of state.
(36) Repealed.
(37) Registration list means the computer list of electors currently
registered to vote as furnished and certified by the county clerk and recorder.
(38) Registration record means the approved and completed form on which
an elector has registered to vote, which includes the original signature of the registrant. Registration record includes a standard-size approved elector registration record to which a nonstandard completed form has been transferred by copy or manual entry.
(39) Regular biennial school election means the election held on the first
Tuesday in November of each odd-numbered year.
(40) Regular drainage ditch election means the election held on the first
Tuesday after the first Monday in January of each alternate year.
(41) Regular regional transportation district election means the election
held concurrently with the state general election in every even-numbered year during which the directors are elected.
(42) Regular special district election means the election on the Tuesday
succeeding the first Monday of May in every odd-numbered year, held for the purpose of electing members to the board of special districts and for submission of ballot issues, if any.
(43) Residence means the principal or primary home or place of abode of a
person, as set forth in section 1-2-102.
(44) (Deleted by amendment, L. 96, p. 1732, � 2, effective July 1, 1996.)
(45) School district means a school district organized and existing
pursuant to law but does not include a local college district.
(45.5) Self-affirmation means a sworn statement made in writing and
signed by an individual, as though under oath. Any person falsely making a self-affirmation violates section 1-13-104.
(46) Special election means any election called by a governing board for
submission of ballot issues and other matters, as authorized by their enabling legislation. Any governing body may petition a district court judge who has jurisdiction over the political subdivision for permission to hold a special election on a day other than those specified in this subsection (46). The district court judge may grant permission only upon a finding that an election on the days specified would be impossible or impracticable or upon a finding that an unforeseeable emergency would require an election on a day other than those specified.
(46.3) Special legislative election means an election called by the general
assembly pursuant to part 3 of article 11 of this title.
(46.5) Statewide abstract of votes cast means the record of the results in
each election for candidates, ballot issues, and ballot questions that the secretary of state certified for the ballot.
(46.7) Statewide voter registration system means the centralized
statewide voter registration system, commonly referred to as SCORE, created in section 1-2-301.
(47) Supervisor judge means the election judge appointed by the
designated election official to be in charge of the election process at a polling location.
(48) Taxable property means real or personal property subject to general
ad valorem taxes. For all elections and petitions that require ownership of real property or land, ownership of a mobile home or manufactured home, as defined in section 5-1-301 (29), 38-12-201.5 (5), or 42-1-102 (48.8), is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.
(49) Taxpaying elector shall have the same meaning as provided in section
32-1-103 (23), C.R.S.
(49.3) (a) Term of imprisonment or full term of imprisonment means the
period during which an individual is serving a sentence of detention or confinement in any correctional facility, jail, or other location for a felony conviction.
(b) This subsection (49.3) applies to this code for the purpose of applying
section 10 of article VII of the state constitution.
(c) Term of imprisonment or full term of imprisonment does not include
the period during which an individual is on parole.
(49.5) Unaffiliated means that a person is registered but not affiliated with
a political party in accordance with the provisions of section 1-2-204 (2)(j).
(49.7) Undervote means the failure of an elector to vote on a ballot
question or ballot issue, the failure of an elector to vote for any candidate for an office, or the designation by an elector of fewer votes than there are offices to be filled; except that it is not an undervote if there are fewer candidates than offices to be filled and the elector designates as many votes as there are candidates.
(49.8) Repealed.
(49.9) Video security surveillance recording means video monitoring by a
device that continuously records a designated location or a system using motion detection that records one frame or more per minute until detection of motion triggers continuous recording.
(50) Vote recorder or voting device means any apparatus that the elector
uses to record votes by marking a ballot card and that subsequently counts the votes by electronic tabulating equipment or records the votes electronically on a paper tape within the apparatus and simultaneously on an electronic tabulation device.
(50.2) Voter registration agency means an office designated in section 1-2-504 to perform voter registration activities.
(50.3) Voter registration drive means the distribution and collection of
voter registration applications by two or more persons for delivery to a county clerk and recorder.
(50.4) Voter registration drive organizer means a person, as defined in
section 2-4-401 (8), C.R.S., that organizes a voter registration drive in the state.
(50.5) Voter service and polling center means a location established for
holding elections, other than a polling place, that offers the services described in section 1-5-102.9.
(50.6) (a) Voter-verified paper record means an auditable paper record
that:
(I) Is available for the elector to inspect and verify before the vote is cast;
(II) Is produced contemporaneously with or employed by any voting system;
(III) Lists the designation of each office, the number or letter of each ballot
issue or ballot question, and the elector's choice for each office, ballot issue, or ballot question and indicates any office, ballot issue, or ballot question for which the elector has not made a selection;
(IV) Is suitable for a manual audit or recount; and
(V) Is capable of being maintained as an election record in accordance with
the requirements of section 1-7-802.
(b) Any paper ballot that lists the title, along with any number, as applicable,
of each candidate race, ballot issue, or ballot question, on which the elector has marked his or her choices in such races, issues, or questions shall constitute a voter-verified paper record for purposes of this subsection (50.6).
(50.7) Voting equipment means electronic or electromechanical voting
systems, electronic voting devices, and electronic vote-tabulating equipment, as well as materials, parts, or other equipment necessary for the operation and maintenance of such systems, devices, and equipment.
(50.8) Voting system means a process of casting, recording, and tabulating
votes using electromechanical or electronic devices or ballot cards and includes, but is not limited to, the procedures for casting and processing votes and the operating manuals, hardware, firmware, printouts, and software necessary to operate the voting system.
(50.9) Voting system provider means an individual engaged in private
enterprise or a business entity engaged in selling, leasing, marketing, designing, building, or modifying voting systems to the state, a political subdivision of the state, or another entity authorized to hold an election under this code.
(51) Watcher means an eligible elector other than a candidate on the ballot
who has been selected by a political party chairperson on behalf of the political party; by a party candidate at a primary election, by an unaffiliated candidate at a general, congressional vacancy, or nonpartisan election; or by a person designated by either the opponents or the proponents in the case of a ballot issue or ballot question. Watcher also means an eligible elector selected by a candidate on the ballot for the office of United States senator, representative in congress, any state office or district office of state concern, or any county office who is subject to a recount. If selected by a political party chairperson or a party candidate, the watcher must be affiliated with that political party or unaffiliated as shown in the statewide voter registration system. If selected by an unaffiliated candidate, the watcher must be unaffiliated as shown in the statewide voter registration system.
Source: L. 92: Entire article R&RE, p. 625, � 1, effective January 1, 1993. L. 93:
(4), (11), (16), (21), (28), (39), (46), (49), and (51) amended and (2.3), (2.7), and (6.5) added, p. 1394, � 2, effective July 1; (11) amended, p. 58, � 1, effective July 1. L. 94: (48) amended, p. 704, � 3, effective April 19; (2.3), (2.7), (8), (34), and (35) amended and (2.5), (9.5), and (34.5) added, p. 1149, � 2, effective July 1; (3), (37), and (38) amended and (9.6), (33.5), and (50.5) added, p. 1750, � 1, effective January 1, 1995; (48) amended, p. 2541, � 6, effective January 1, 1995. L. 95: (23.3), (23.6), and (49.5) added and (24), (33), (37), and (51) amended, pp. 819, 860, 863, ��1, 113, 125, effective July 1. L. 96: (12), (44), and (49) amended and (1.5) and (45.5) added, p. 1732, � 2, effective July 1. L. 97: (33.5)(d) amended, p. 1239, � 33, effective July 1. L. 98: (22), (23), and (25) amended, p. 255, � 2, effective April 13. L. 99: (37) amended, p. 756, � 1, effective May 20; (46.3) added, p. 1389, � 5, effective June 4; (1) amended and (1.3), (1.7), and (46.5) added, p. 477, � 1, effective July 1; (1.2) amended and (1.3), (22.5), and (23.6) added, p. 157, � 1, effective August 4; (1.1) amended and (1.3) and (7.5) added, p. 278, � 1, effective August 4. L. 2000: (48) amended, p. 1870, � 100, effective August 2. L. 2003: (32) amended, p. 495, � 1, effective March 5; (1.3) and (23) amended, p. 1308, � 1, effective April 22; (19.5) added, p. 1276, � 1, effective April 22; (19.5) added, p. 1437, � 1, effective April 29; (19.5)(a)(II), (19.5)(a)(V), and (19.5)(a)(VI) amended and (19.5)(a)(VII) added, p. 2064, � 1, effective May 22. L. 2004: (19.5)(a)(I) and (19.5)(a)(V) amended, p. 426, � 1, effective April 13; (19.5)(a)(V) amended and (19.5)(a)(VIII), (19.5)(a)(IX), and (19.5)(a)(X) added, p. 1051, � 1, effective May 21; (49.8) added, p. 1104, � 1, effective May 27; (2.1), (13.5), (14.5), (15.5), (23.4), (34.2), (49.7), (50.7), (50.8), and (50.9) added and (14) and (27) amended, p. 1342, � 2, effective May 28; (50) amended, p. 1343, � 3, effective January 1, 2006; (15)(b) added by revision, pp. 1361, 1213, �� 30, 31, 108. L. 2005: (22.7), (50.2), (50.4), and (50.6) added and (50.5) amended, p. 1392, � 1, effective June 6; (22.7), (50.2), (50.4), and (50.6) added and (50.5) amended, p. 1427, � 1, effective June 6. L. 2006: (33.5)(b) amended, p. 1997, � 28, effective July 1. L. 2007: (11) amended, p. 1775, � 1, effective June 1; (19.5)(a)(XI) added and (50.6)(a)(III) amended, p. 1967, �� 1, 2, effective August 3; (31.5) added, p. 1988, � 1, effective August 3. L. 2008: (34.4) added, p. 1249, � 1, effective August 5. L. 2009: (13.5) amended and (16.5) and (23.5) added, (HB 09-1335), ch. 260, p. 1189, � 1, effective May 15; (18.5) and (19.5)(c) added, (HB 09-1336), ch. 261, p. 1197, �� 1, 2, effective August 5. L. 2011: (32) amended, (SB 11-189), ch. 243, p. 1062, � 1, effective May 27. L. 2012: (19.5)(a)(XII) added, (SB 12-062), ch. 97, p. 326, � 1, effective April 12; (1.1), (19.5)(a)(X), and (19.5)(a)(XI) amended and (19.5)(a)(XIII) added, (HB 12-1292), ch. 181, p. 676, � 1, effective May 17. L. 2013: (19.5)(d) added, (HB 13-1038), ch. 28, p. 67, � 1, effective March 15; (2), (27), (28), (36), (47), (50.4), and (50.5) amended, (2.8), (9.8), (27.5), and (50.3) added, and (49.8) repealed, (HB 13-1303), ch. 185, p. 682, � 3, effective May 10; (18.5) amended, (HB 13-1314), ch. 323, p. 1800, � 15, effective March 1, 2014. L. 2014: (11) amended and (28) repealed, (HB 14-1164), ch. 2, pp. 71, 77, �� 33, 51, effective February 18; (29.5) added, (SB 14-161), ch. 160, p. 555, � 1, effective May 9. L. 2016: IP(2.8) amended, (HB 16-1093), ch.126, p. 358, � 1, effective April 21; (2.8)(c), (16.5), (19.5)(a)(I), and (51) amended, (46.7) added, and (36) repealed, (SB 16-142), ch. 173, p. 565, � 1, effective May 18; (2.8)(c) amended, (SB 16-189), ch. 210, p. 753, � 1, effective June 6. L. 2017: (18.5) amended, (SB 17-242), ch. 263, p. 1262, � 28, effective May 25. L. 2018: (2.8)(a) amended, (SB 18-233), ch. 262, p. 1617, � 41, effective May 29; (42) amended, (HB18-1039), ch. 29, p. 330, � 1, effective July 1, 2022. L. 2019: (49.3) added, (HB 19-1266), ch. 283, p. 2643, � 2, effective July 1; (9.7) added and (9.8) amended, (HB 19-1278), ch. 326, p. 3005, � 2, effective August 2. L. 2020: (48) amended, (HB 20-1196), ch. 195, p. 926, � 16, effective June 30. L. 2021: (32) and (51) amended, (SB 21-250), ch. 282, p. 1630, � 1, effective June 21; (19.7) added and (23.4) amended, (HB 21-1071), ch. 367, p. 2415, � 1, effective July 1, 2022. L. 2022: (11) amended and (21.5) and (49.9) added, (SB 22-153), ch. 322, p. 2277, � 3, effective June 2; (48) amended, (SB 22-212), ch. 421, p. 2963, � 1, effective August 10. L. 2023: (19.5)(a)(XII) and (19.5)(a)(XIII) amended and (19.5)(a)(XIV) added, (SB 23-276), ch. 399, p. 2371, � 1, effective June 6. L. 2025: (7.3) added, (HB 25-1319), ch. 272, p. 1404, � 1, effective May 28; (19.5)(a)(XIII) amended, (SB 25-001), ch. 178, p. 744, � 1, effective August 6; (22.6) added, (HB 25-1315), ch. 180, p. 769, � 1, effective August 6; (51) amended, (HB 25-1155), ch. 35, p. 177, � 1, effective August 6.
Editor's note: (1) This section is similar to former � 1-1-104 as it existed prior
to 1992.
(2) Amendments to subsection (11) by House Bill 93-1111 and House Bill 93-1255 were harmonized.
(3) Amendments to subsection (48) by House Bill 94-92 and House Bill 94-1
were harmonized.
(4) Subsection (9.6) was numbered as (9.5) in House Bill 94-1294 but was
renumbered on revision for ease of location.
(5) Subsection (1.1) was numbered as (1) in House Bill 99-1082 but was
renumbered on revision for ease of location; subsection (1.2) was numbered as (1) in House Bill 99-1152 but was renumbered on revision for ease of location; and subsection (46.3) was numbered as (46.5) in House Bill 99-1097 but was renumbered on revision for ease of location.
(6) Amendments to subsection (19.5) by House Bill 03-1241 and Senate Bill
03-102 were harmonized.
(7) Subsection (15)(b) provided for the repeal of subsection (15), effective
January 1, 2006. (See L. 2004, pp. 1361, 1213.)
(8) Section 16(2) of chapter 178 (SB 25-001), Session Laws of Colorado 2025,
provides that the act changing this section applies to elections and election-related activities occurring on or after January 1, 2026.
(9) Section 4(2) of chapter 35 (HB 25-1155), Session Laws of Colorado 2025,
provides that the act changing this section applies to recounts held on or after August 6, 2025.
Cross references: (1) For the legislative declaration in HB 04-1227, see
section 1 of chapter 334, Session Laws of Colorado 2004. For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1266, see section 1 of chapter 283, Session Laws of Colorado 2019.
(2) For the short title (Voter Access and Modernized Elections Act) and the
legislative declaration in HB 13-1303, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.
(3) For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of
chapter 326, Session Laws of Colorado 2019.
(4) For the short title (Colorado Election Security Act) and the legislative
declaration in SB 22-153, see sections 1 and 2 of chapter 322, Session Laws of Colorado 2022.
C.R.S. § 1-40-124.5
1-40-124.5. Ballot information booklet. (1) (a) The director of research of the legislative council of the general assembly shall prepare a ballot information booklet for any initiated or referred constitutional amendment or legislation, including a question, as defined in section 1-41-102 (3), in accordance with section 1 (7.5) of article V of the state constitution.
(b) The director of research of the legislative council of the general
assembly shall prepare a fiscal impact statement for every initiated or referred measure, taking into consideration fiscal impact information submitted by the office of state planning and budgeting, the department of local affairs or any other state agency, and any proponent or other interested person. The fiscal impact statement prepared for every measure shall be substantially similar in form and content to the fiscal notes provided by the legislative council of the general assembly for legislative measures pursuant to section 2-2-322. A complete copy of the fiscal impact statement for such measure shall be available through the legislative council of the general assembly. The ballot information booklet shall indicate whether there is a fiscal impact for each initiated or referred measure and shall abstract the fiscal impact statement for such measure. The abstract for every measure shall appear after the arguments for and against such measure in the analysis section of the ballot information booklet, and shall include, but shall not be limited to:
(I) An estimate of the effect the measure will have on state and local
government revenues, expenditures, taxes, and fiscal liabilities if such measure is enacted;
(II) An estimate of the amount of any state and local government recurring
expenditures or fiscal liabilities if such measure is enacted;
(III) For any initiated or referred measure that modifies the state tax laws, if
the measure would either increase or decrease individual income tax revenue or state sales tax revenue, a table that shows the number of tax filers in each income category, the total change in the amount of tax owed for each income category, and the average change in the amount of tax owed for each filer within each income category. If the change in the amount of tax owed shown in the table is an increase, the change must be expressed as a dollar amount preceded by a plus sign. If the change in the amount of tax owed shown in the table is a decrease, the change must be expressed as a dollar amount preceded by a negative sign. The table must use the following income categories:
(A) Federal adjusted gross income of fourteen thousand nine hundred
ninety-nine dollars or less;
(B) Federal adjusted gross income greater than or equal to fifteen thousand
dollars and less than thirty thousand dollars;
(C) Federal adjusted gross income greater than or equal to thirty thousand
dollars and less than forty thousand dollars;
(D) Federal adjusted gross income greater than or equal to forty thousand
dollars and less than fifty thousand dollars;
(E) Federal adjusted gross income greater than or equal to fifty thousand
dollars and less than seventy thousand dollars;
(F) Federal adjusted gross income greater than or equal to seventy thousand
dollars and less than one hundred thousand dollars;
(G) Federal adjusted gross income greater than or equal to one hundred
thousand dollars and less than one hundred fifty thousand dollars;
(H) Federal adjusted gross income greater than or equal to one hundred fifty
thousand dollars and less than two hundred thousand dollars;
(I) Federal adjusted gross income greater than or equal to two hundred
thousand dollars and less than two hundred fifty thousand dollars;
(J) Federal adjusted gross income greater than or equal to two hundred fifty
thousand dollars and less than five hundred thousand dollars;
(K) Federal adjusted gross income greater than or equal to five hundred
thousand dollars and less than one million dollars; and
(L) Federal adjusted gross income greater than or equal to one million
dollars; and
(IV) If the measure contains a proposed tax change, as defined in section 1-40-106 (3)(i)(II), that reduces state tax revenue, a description of the three largest
areas of program expenditure, as defined in section 1-40-106 (3)(i)(I).
(c) Repealed.
(d) The director of research of the legislative council of the general
assembly may update the initial fiscal impact statement prepared in accordance with section 1-40-105.5 when preparing the fiscal impact statement required by this subsection (1).
(e) When preparing the fiscal impact statement required by this subsection
(1) for a measure that includes a proposed tax increase, the director of research of the legislative council of the general assembly shall, pursuant to section 20 (3)(b)(III) of article X of the state constitution, include an estimate of the maximum dollar amount of both:
(I) The change in state and local government revenue and fiscal year
spending, as defined in section 20 (2)(e) of article X of the state constitution, for the first full fiscal year of the proposed tax increase; and
(II) State and local government fiscal year spending, as defined in section 20
(2)(e) of article X of the state constitution, without the proposed tax increase.
(1.5) The executive committee of the legislative council of the general
assembly is responsible for providing the fiscal information on any ballot issue that must be included in the ballot information booklet pursuant to section 1 (7.5)(c) of article V of the state constitution and shall consider the fiscal impact statement required by subsection (1) of this section in doing so.
(1.7) (a) After receiving written comments from the public in accordance with
section 1 (7.5)(a)(II) of article V of the state constitution, but before the draft of the ballot information booklet is finalized, the director of research of the legislative council of the general assembly shall conduct a public meeting at which the director and other members of the legislative staff have the opportunity to ask questions that arise in response to the written comments. The director may modify the draft of the booklet in response to comments made at the hearing. The legislative council may modify the draft of the booklet upon the two-thirds affirmative vote of the members of the legislative council.
(b) (I) Each person submitting written comments in accordance with section 1
(7.5)(a)(II) of article V of the state constitution shall provide his or her name and the name of any organization the person represents or is affiliated with for purposes of making the comments.
(II) The arguments for and against each measure in the analysis section of
the ballot information booklet shall be preceded by the phrase: For information on those issue committees that support or oppose the measures on the ballot at the (date and year) election, go to the Colorado secretary of state's elections center website hyperlink for ballot and initiative information (appropriate secretary of state website address)..
(2) Following completion of the ballot information booklet, the director of
research shall arrange for its distribution to every residence of one or more active registered electors in the state. Distribution may be accomplished by such means as the director of research deems appropriate to comply with section 1 (7.5) of article V of the state constitution, including, but not limited to, mailing the ballot information booklet to electors and insertion of the ballot information booklet in newspapers of general circulation in the state. The distribution shall be performed pursuant to a contract or contracts bid and entered into after employing standard competitive bidding practices including, but not limited to, the use of requests for information, requests for proposals, or any other standard vendor selection practices determined to be best suited to selecting an appropriate means of distribution and an appropriate contractor or contractors. The executive director of the department of personnel shall provide such technical advice and assistance regarding bidding procedures as deemed necessary by the director of research.
(3) (a) There is hereby established in the state treasury the ballot information
publication and distribution revolving fund. Except as otherwise provided in paragraph (b) of this subsection (3), moneys shall be appropriated to the fund each year by the general assembly in the annual general appropriation act. All interest earned on the investment of moneys in the fund shall be credited to the fund. Moneys in the revolving fund are continuously appropriated to the legislative council of the general assembly to pay the costs of publishing the text and title of each constitutional amendment, each initiated or referred measure, or part of a measure, and the text of a referred or initiated question arising under section 20 of article X of the state constitution, as defined in section 1-41-102 (3), in at least one legal publication of general circulation in each county of the state, as required by section 1-40-124, and the costs of distributing the ballot information booklet, as required by subsection (2) of this section. Any moneys credited to the revolving fund and unexpended at the end of any given fiscal year shall remain in the fund and shall not revert to the general fund.
(b) Notwithstanding any law to the contrary, any moneys appropriated from
the general fund to the legislative department of the state government for the fiscal year commencing on July 1, 2007, that are unexpended or not encumbered as of the close of the fiscal year shall not revert to the general fund and shall be transferred by the state treasurer and the controller to the ballot information publication and distribution revolving fund created in paragraph (a) of this subsection (3); except that the amount so transferred shall not exceed five hundred thousand dollars.
(c) Notwithstanding any law to the contrary, any moneys appropriated from
the general fund to the legislative department of the state government for the fiscal year commencing on July 1, 2008, that are unexpended or not encumbered as of the close of the fiscal year shall not revert to the general fund and shall be transferred by the state treasurer and the controller to the ballot information publication and distribution revolving fund created in paragraph (a) of this subsection (3).
(d) Notwithstanding any law to the contrary, any moneys appropriated from
the general fund to the legislative department of the state government for the fiscal year commencing on July 1, 2009, that are unexpended or not encumbered as of the close of the fiscal year and that are in excess of the amount of one million forty-two thousand dollars shall not revert to the general fund and shall be transferred by the state treasurer and the controller to the ballot information publication and distribution revolving fund created in paragraph (a) of this subsection (3); except that the amount so transferred shall not exceed one million one hundred twenty-nine thousand six hundred seven dollars.
(e) Notwithstanding any provision of this subsection (3) to the contrary, on
August 11, 2010, the state treasurer shall deduct one million one hundred twenty-nine thousand six hundred seven dollars from the ballot information publication and distribution revolving fund and transfer such sum to the redistricting account within the legislative department cash fund.
Source: L. 94: Entire section added, p. 1688, � 2, effective January 19, 1995. L.
96: (2) amended, p. 1511, � 35, effective July 1. L. 97: (3) added, p. 384, � 1, effective April 19. L. 2000: (1) and (3) amended and (1.5) added, p. 298, � 4, effective August 2; (1) amended, p. 1623, � 8, effective August 2. L. 2001: (1) amended, p. 223, � 1, effective August 8. L. 2004: (3) amended, p. 410, � 3, effective April 8. L. 2005: (3)(a) amended, p. 759, � 6, effective June 1; (1)(c) repealed and (1.7) added, p. 1371, �� 2, 1, effective June 6. L. 2007: (3)(b) amended, p. 2124, � 2, effective April 11. L. 2008: (3)(b) amended, p. 2325, � 2, effective April 7. L. 2009: (3)(c) added, (SB 09-224), ch. 441, p. 2445, � 2, effective March 20. L. 2010: (3)(d) added, (HB 10-1367), ch. 430, p. 2240, � 2, effective April 15; (3)(e) added, (HB 10-1210), ch. 352, p. 1639, � 14, effective August 11; (1.7) amended, (HB 10-1370), ch. 270, p. 1240, � 3, effective January 1, 2011. L. 2015: (1)(d) added, (HB 15-1057), ch. 198, p. 679, � 6, effective March 26, 2016. L. 2021: IP(1)(b), (1)(b)(II), and (1)(b)(III) amended and (1)(b)(IV) added, (HB 21-1321), ch. 474, p. 3397, � 4, effective July 7. Referred 2022: IP(1)(b)(III) amended, Proposition GG, (SB 22-222), ch. 508, p. 4277, � 4, effective upon proclamation of the Governor, December 27, 2022. See L. 2023, p. 3636. L. 2025: (1)(e) added and (1.5) amended, (HB 25-1327), ch. 446, p. 2566, � 6, effective June 4.
Editor's note: (1) Section 5 of chapter 284, Session Laws of Colorado 1994,
provided that the act enacting this section was effective on the date of the proclamation of the Governor announcing the approval, by the registered electors of the state, of Senate Concurrent Resolution 94-005, enacted at the Second Regular Session of the Fifty-ninth General Assembly. The date of the proclamation of the Governor announcing the approval of Senate Concurrent Resolution 94-005 was January 19, 1995.
(2) Amendments to subsection (1) by Senate Bill 00-172 and House Bill 00-1304 were harmonized.
(3) This section was amended by SB 22-222. That bill contained a
referendum clause and was approved by a vote of the registered electors of the state of Colorado on November 8, 2022. The amended version of this section took effect upon the proclamation of the Governor, December 27, 2022. The vote count for the measure was as follows:
YES: 1,704,757
NO: 665,476
(4) Section 8(1) of chapter 446 (HB 25-1327), Session Laws of Colorado
2025, provides that the act changing this section applies to drafts that are submitted on or after June 4, 2025.
Cross references: (1) For the legislative declaration in the 2010 act
amending subsection (1.7), see section 1 of chapter 270, Session Laws of Colorado 2010.
(2) For the short title (Ballot Measure Fiscal Transparency Act of 2021) in
HB 21-1321, see section 1 of chapter 474, Session Laws of Colorado 2021.
C.R.S. § 1-5-904
1-5-904. Multilingual ballot hotline - creation - secretary of state - rules. (1) The secretary of state shall establish a multilingual ballot hotline to provide access to a qualified translator or interpreter in each of the languages in the state that has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home, and in any additional languages the secretary determines by rule is needed to assist electors in translating ballot language. The multilingual ballot hotline shall be established for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter.
(2) The secretary of state shall provide notice on the secretary's website and
shall create signs to be posted by county clerks at all voter service and polling centers to inform electors that the multilingual ballot hotline is available to electors statewide from the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through election day. The multilingual ballot hotline must be available anytime a voter visits a voter service and polling center during that center's hours of public operation. The multilingual ballot hotline must be available to all other voters between 8 a.m. and 5 p.m. Monday through Friday beginning the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through the Friday before election day. The hotline must be available to all voters between 7 a.m. and 7 p.m. on the Monday before election day and on election day.
(3) The secretary of state shall ensure that each translator or interpreter
who provides translations for the multilingual ballot hotline is a qualified translator or interpreter in the language or languages in which the translator or interpreter provides ballot translation assistance. A qualified translator or interpreter shall provide assistance with translation of ballot language only and shall not provide explanations of or arguments for or against any candidate or question included on the ballot.
(4) The secretary of state shall promulgate rules in accordance with article 4
of title 24 as may be necessary to create and administer the multilingual ballot hotline, including rules regarding hiring or contracting for qualified translators or interpreters to staff the multilingual ballot hotline. The secretary of state may include rules for sharing qualified translator or interpreter resources with other state agencies.
Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2410, � 1, effective
June 28.
C.R.S. § 10-1-102
10-1-102. Definitions. As used in this title 10, unless the context otherwise requires:
(1) Actuary means a person designated by the commissioner as a qualified
actuary based on requirements set forth in rules promulgated by the commissioner.
(2) Admitted assets includes the investments that are admitted assets of a
domestic company under parts 1 and 2 of article 3 and part 4 of article 7 of this title and, in addition thereto, includes:
(a) Those assets defined as admitted by nationally recognized insurance
statutory accounting principles; and
(b) Other assets deemed by the commissioner to be available for the
payment of losses and claims, at values to be determined by the commissioner.
(3) Admitted company or authorized company designates companies
duly qualified and licensed to transact business in this state, under the provisions of this title. Nonadmitted companies or unauthorized companies designates companies not licensed to transact business in this state, under the provisions of this title (except article 15) and article 14 of title 24, C.R.S.
(3.5) Bail insurance company means an insurer engaged in the business of
writing bail bonds through bonding agents and subject to regulation by the division.
(3.7) Bail recovery means actions taken by a person other than a peace
officer to apprehend an individual or take an individual into custody because of the individual's failure to comply with bail conditions.
(4) Charitable gift annuity means an annuity that:
(a) Meets the definition and standards contained in section 501 (m)(5) of the
federal Internal Revenue Code of 1986, as amended;
(b) Contains on its face the following statement: This annuity is not issued
by an insurance company nor regulated by the Colorado division of insurance and is not protected by any state guaranty fund or protective association.
(c) Is issued or guaranteed by an organization that at all times during the
three years preceding the date of the issuance of such annuity:
(I) Was qualified to receive contributions described in section 170 (c) of the
federal Internal Revenue Code of 1986, as amended; and
(II) If required as a condition of such qualification by provisions of the federal
Internal Revenue Code of 1986, as amended, was in receipt of notification from the federal internal revenue service that such organization was so qualified.
(5) Commissioner or insurance commissioner means the commissioner of
insurance.
(6) (a) Company, corporation, insurance company, or insurance
corporation includes all corporations, associations, partnerships, or individuals engaged as insurers in the business of insurance, including the attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange, or suretyship except fraternal or benevolent orders and societies.
(b) Company, corporation, insurance company, or insurance
corporation does not include health maintenance organizations unless the specific provision of law by its terms applies to health maintenance organizations.
(c) For the purposes of a company, corporation, or insurance company,
a reciprocal insurer shall be considered a single economic entity.
(6.5) Disqualified insurance company means a company licensed as a
captive insurance company under the laws of this state or the laws of another jurisdiction with gross receipts for the taxable year that consist fifty percent or less of premiums from arrangements that constitute insurance for federal income tax purposes.
(7) Division means the division of insurance.
(8) Domestic designates those companies incorporated or formed in this
state.
(9) Foreign, when used without limitation, includes all those companies
formed by authority of any other state or government.
(10) Institution means any entity including, but not limited to, a corporation,
a joint-stock company, a limited liability company, an association, a bank, a trust, a partnership, a joint venture, a special district, a government, or a quasi-governmental agency.
(11) Insurable interest in property means every interest in property or any
relation thereto, or liability in respect thereof, of such a nature that a contemplated peril might directly damnify the insured.
(12) Insurance means a contract whereby one, for consideration,
undertakes to indemnify another or to pay a specified or ascertainable amount or benefit upon determinable risk contingencies, and includes annuities.
(13) Insurer means every person engaged as principal, indemnitor, surety,
or contractor in the business of making contracts of insurance.
(14) Motor vehicle rental agreement means an agreement for the rental of
a motor vehicle for transportation purposes, for a period of no more than ninety days, in return for a fee that is calculated on a daily, weekly, or monthly basis.
(15) Motor vehicle rental company means an entity that is in the business
of renting, pursuant to motor vehicle rental agreements, motor vehicles that do not come within the definition of a commercial motor vehicle as set forth in section 42-2-402 (4), C.R.S.
(16) Nonadmitted assets includes, but is not limited to, those assets
defined as nonadmitted by nationally recognized insurance statutory accounting principles. Nonadmitted assets shall not be taken into account in determining the financial condition of a company.
(17) (a) Qualified United States financial institution means an institution
that is:
(I) Organized or, in the case of a United States office of a foreign banking
organization, licensed under the laws of the United States or any state thereof; and
(II) Regulated, supervised, and examined by United States federal or state
authorities having regulatory authority over banks, trust companies, or savings and loan associations.
(b) If any qualified United States financial institution issues letters of credit,
such institution shall have been determined by either the commissioner or the securities valuation office of the national association of insurance commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner.
(c) If any qualified United States financial institution operates a trust, such
institution shall be eligible to operate as a fiduciary of a trust and shall have been granted authority to operate with fiduciary powers.
(18) Real estate and real property include fee simple and leasehold
estates therein.
(19) Transact as applied to insurance means and includes any of the
following:
(a) Solicitation and inducement;
(b) Negotiations preliminary to effectuation of a contract of insurance;
(c) Execution of a contract of insurance;
(d) Transaction of matters subsequent to effectuation of a contract of
insurance and arising out of the contract obligations.
Source: L. 2003: Entire article RC&RE, p. 587, � 1, effective July 1. L. 2004:
(3) amended, p. 897, � 5, effective May 21. L. 2012: (3) amended and (3.5) and (3.7) added, (HB 12-1266), ch. 280, p. 1491, � 1, effective July 1. L. 2021: IP amended and (6.5) added, (HB 21-1311), ch. 298, p. 1785, � 11, effective June 23.
Editor's note: This section is similar to former � 10-1-102 as it existed prior to
2002.
Cross references: For the legislative declaration in HB 21-1311, see section 1
of chapter 298, Session Laws of Colorado 2021.
C.R.S. § 10-1-128
10-1-128. Fraudulent insurance acts - immunity for furnishing information relating to suspected insurance fraud - legislative declaration. (1) For purposes of this title 10, articles 40 to 47 of title 8, articles 200, 215, 220, 240, 245, 255, 270, 275, 285, 290, 300, and 305 of title 12, and article 20 of title 44, a fraudulent insurance act is committed if a person knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, a purported insurer, or any insurance producer any written statement as part or in support of an application for the issuance or the rating of an insurance policy or a claim for payment or other benefit pursuant to an insurance policy that the person knows to contain false information concerning any fact material to the application or claim or if the person knowingly and with intent to defraud or mislead conceals information concerning any fact material related to the application or claim. For purposes of this section, written statement includes a client medical record as such term is defined in section 18-4-412 (2)(a) and any bill for medical services.
(2) (a) The general assembly finds and declares that insurance fraud is
expensive; that it increases premiums and places businesses at risk; and that it reduces consumers' ability to raise their standards of living and decreases the economic vitality of this state. The general assembly further finds and declares that the state of Colorado must aggressively confront the problem of insurance fraud by facilitating the detection of and reducing the occurrence of fraud through stricter enforcement and deterrence and by encouraging greater cooperation among consumers, the insurance industry, and the state in coordinating efforts to combat insurance fraud.
(b) Colorado has addressed insurance fraud in various statutes, including but
not limited to the civil and administrative provisions found in this section, part 4 of article 2 of this title, parts 1, 2, 9, and 11 of article 3 of this title, and numerous other provisions of this title. It has also been addressed in criminal provisions found in parts 1, 2, and 3 of article 2 of title 18, part 1 of article 4 of title 18, part 1 of article 5 of title 18, and section 18-5-205, C.R.S. These statutory provisions impose regulatory oversight and severe civil and criminal penalties on authorized and unauthorized insurance companies and other persons who commit insurance fraud. The purpose of this section is to further improve regulatory oversight of licensed persons who commit insurance fraud and provide additional remedies to aggrieved persons.
(3) An allegation of a fraudulent insurance act shall not excuse an insurance
company from its duty to promptly investigate a claim.
(4) (a) Each insurance company licensed to do business in this state that, in a
lawsuit involving a fraudulent insurance act, obtains a judgment or settlement against a person who is licensed by the state of Colorado and whose services are compensated in whole or in part, directly or indirectly, by insurance claim proceeds shall send notice of such settlement or judgment to the appropriate Colorado state licensing board, in the form prescribed by the executive director of the department of regulatory agencies. No cause of action shall arise against any insurance company or individual for providing information as provided in this subsection (4).
(b) Every person who, in a lawsuit involving a fraudulent insurance act,
obtains a judgment or settlement against a person who is licensed by the state of Colorado and whose services are compensated in whole or in part, directly or indirectly, by insurance claim proceeds, may send to the appropriate Colorado state licensing board notice of such settlement or judgment. No cause of action shall arise against any person for providing information as provided in this subsection (4).
(c) Every person who obtains a judgment or settlement involving a fraudulent
insurance act by an insurance company or an agent of an insurance company may send to the Colorado division of insurance within the department of regulatory agencies notice of such judgment or settlement, including any evidence of a fraudulent insurance act. No cause of action shall arise against any person for providing information as provided in this subsection (4).
(5) (a) Every licensed insurance company doing business in Colorado shall
prepare, implement, and maintain an insurance anti-fraud plan; except that this subsection (5) shall not apply to entities whose principal business is the assumption of reinsurance, reinsurance agreements, or reinsurance claims transactions. Insurance companies approved by the commissioner under article 5 of this title may be required, as a condition of such approval, to maintain an insurance anti-fraud plan. Each anti-fraud plan shall outline specific procedures, appropriate to the type of insurance provided by the insurance company in Colorado, to:
(I) Prevent, detect, and investigate all forms of insurance fraud, including
fraud by the insurance company's employees and agents, fraud resulting from false representations or omissions of material fact in the application for insurance, renewal documents, or rating of insurance policies, claims fraud, and security of the insurance company's data processing systems;
(II) Educate appropriate employees about fraud detection and the company's
anti-fraud plan;
(III) Provide for the hiring of or contracting for one or more fraud
investigators;
(IV) Report suspected or actual insurance fraud to the appropriate law
enforcement and regulatory entities in the investigation and prosecution of insurance fraud.
(b) The commissioner of insurance may review a licensed insurance
company's anti-fraud plan in connection with a market conduct examination to determine whether such plan complies with the requirements of paragraph (a) of this subsection (5).
(c) Every licensed insurance company doing business in this state shall
include, as part of its annual report as required in section 10-3-109, a summary of its anti-fraud efforts as described in paragraph (a) of this subsection (5).
(d) The anti-fraud plan of an insurance company and the summary of anti-fraud efforts prepared as required in paragraph (c) of this subsection (5) are not
public records and are exempted from article 72 of title 24, C.R.S.; are proprietary and not subject to public examination; and are not discoverable or admissible under the Colorado rules of civil procedure in any civil litigation.
(e) Any insurance company or producer of an insurance company that has
committed a fraudulent insurance act shall be subject to available disciplinary action by the commissioner of insurance.
(f) The responsibility of an insurance company under this section to prevent,
detect, and investigate insurance fraud shall not excuse its duty to comply with section 10-3-1104 or any other applicable insurance law.
(6) (a) Each insurance company shall provide on all printed applications for
insurance, or on all insurance policies, or on all claim forms provided and required by an insurance company, or required by law, whether printed or electronically transmitted, a statement, in conspicuous nature, permanently affixed to the application, insurance policy, or claim form substantially the same as the following:
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
(b) This subsection (6) shall not apply to reinsurance contracts, reinsurance
agreements, or reinsurance claims transactions.
Source: L. 2003: Entire article RC&RE, p. 601, � 1, effective July 1. L. 2006:
(2)(b) amended, p. 1489, � 8, effective June 1. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1651, � 31, effective October 1. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 695, � 32, effective July 1; (1) amended, (HB 20-1230), ch. 274, p. 1347, � 14, effective September 14. L. 2022: (1) amended, (HB 22-1213), ch. 284, p. 2037, � 5, effective August 10.
Editor's note: (1) This section is similar to former � 10-1-127 as it existed prior
to 2002.
(2) Amendments to subsection (1) by HB 20-1183 and HB 20-1230 were
harmonized.
C.R.S. § 10-13-103
10-13-103. Declaration of subscribers. (1) Such subscribers so contracting among themselves shall through their attorney file with the commissioner of this state a declaration verified by the oath of such attorney setting forth:
(a) The name or title of the office at which such subscribers propose to
exchange such indemnity contracts. Such name or title shall not be so similar to any other name or title previously adopted by a similar organization or by any insurance corporation or association as in the opinion of the commissioner is calculated to result in confusion or deception.
(b) The kind of insurance to be effected or exchanged;
(c) A copy of the form of policy contract or agreement under or by which
such insurance is to be effected or exchanged;
(d) A copy of the form of power of attorney or other authority of such
attorney under which such insurance is to be effected or exchanged, which shall show the allowance for expense;
(e) The location of the office from which such contracts or agreements are to
be issued;
(f) That applications have been made for indemnity upon at least one
hundred separate risks aggregating not less than one and one-half million dollars, as represented by executed contracts or bona fide applications to become concurrently effective, or, in case of liability or compensation insurance, covering a total payroll of not less than one and one-half million dollars;
(g) A financial statement in such form as the commissioner may require;
(h) Such other information as the commissioner may deem necessary for the
protection of the public.
Source: L. 13: p. 373, � 81. L. 15: p. 273, � 1. C.L. � 2554. CSA: C. 87, � 98. CRS
53: � 72-4-3. C.R.S. 1963: � 72-4-3.
C.R.S. § 10-15-102
10-15-102. Definitions. As used in this article 15, unless the context otherwise requires:
(1) Broker means any contract seller who must utilize the services of a
general provider to fulfill the terms of a preneed contract.
(1.5) Cash advances means consideration which can be used at the time of
need at the discretion of the contract buyer or his or her heirs, assigns, or authorized representatives for merchandise or services the prices of which are not guaranteed in a preneed contract and which merchandise or services are ancillary and in addition to merchandise and services the prices of which are guaranteed in a preneed contract.
(2) Cemetery means any place, including a mausoleum, niche, or crypt, in
which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies.
(3) Commissioner means the commissioner of insurance.
(4) Common trust funds means a common trust as defined by the
provisions of article 24 of title 11, C.R.S. This article does not preclude the use of a common trust to the extent that the individual contract seller complies with the provisions of this article.
(5) Contract buyer means a person who purchases merchandise and
services through a preneed contract.
(6) Contract seller means a person who sells or offers to sell funeral
goods, merchandise, or services through a preneed contract.
(7) Final resting place means a space, either below or above the surface of
the ground, for the interment of the remains of human bodies.
(8) Funds means money paid by a contract buyer, excluding interest,
finance charges, and late fees paid, for the purchase of a preneed contract.
(8.5) Funeral goods has the same meaning as in section 12-135-103 (17).
(9) General provider means a person who engages, on a contract basis, in
the usual business of providing the merchandise and performing the services, at time of need, for the final disposition of a deceased human body, and does not include subcontractors of a general provider.
(10) Merchandise means goods which are normally sold or offered for sale
directly to the public for use in connection with funeral services and does not include overhead items.
(11) Overhead items means items such as embalming fluid, sanitary
supplies, and other items used in the performance of funeral services.
(12) Person means an individual, partnership, firm, joint venture,
corporation, company, association, joint stock association, or limited liability company.
(13) (a) Preneed contract means any written contract, agreement, or
mutual understanding, or any security or other instrument that is convertible into a contract, agreement, or mutual understanding, whereby, upon the death of the preneed contract beneficiary, a final resting place, merchandise, or services are provided or performed in connection with the final disposition of the beneficiary's body. Consideration for a preneed contract is funds, deposits, or the assignment of life insurance benefits.
(b) Preneed contract does not include:
(I) A contract for merchandise whereby the buyer takes physical possession
of the merchandise at the time of entering into the contract; or
(II) A transportation protection agreement.
(c) (Deleted by amendment, L. 2013.)
(14) Preneed contract beneficiary means, for any preneed contract entered
into on or after July 1, 1967, any person specified in the preneed contract, upon whose death a final resting place, merchandise, or services of any nature shall be provided, delivered, or performed.
(15) Preneed contract price means the total price listed on a preneed
contract for all items listed and includes cash advances.
(16) Services means any services that may be used to care for and prepare
deceased human bodies for final disposition.
(16.5) Transportation protection agreement means an agreement that
primarily provides for the coordination and arrangement, by a third party that is not a general provider, of services related to:
(a) The preparation of human remains for the purpose of transportation; or
(b) The transportation of human remains.
(17) Trustee means a chartered state bank, savings and loan association,
credit union, or trust company that is authorized to act as fiduciary and that is subject to supervision by the state bank or financial services commissioner or a national banking association, federal credit union, or federal savings and loan association authorized to act as fiduciary in Colorado.
(18) Trust funds means funds deposited by a contract seller with a trustee.
(19) Trust instrument means the documents pursuant to which a trustee
receives, holds, invests, and disburses trust funds.
Source: L. 95: Entire article R&RE, p. 1031, � 1, effective May 25. L. 2013: (6)
and (13) amended and (8.5) added, (SB 13-125), ch. 287, p. 1515, � 1, effective August 7. L. 2019: IP and (8.5) amended, (HB 19-1172), ch. 136, p. 1653, � 39, effective October 1. L. 2021: (16) amended, (SB 21-006), ch. 123, p. 489, � 6, effective September 7. L. 2025: (13)(b) amended and (16.5) added, (HB 25-1217), ch. 92, p. 414, � 1, effective August 6.
Editor's note: (1) This section is similar to former � 10-15-102 as it existed
prior to 1995.
(2) Section 6(2) of chapter 92 (HB 25-1217), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed on or after August 6, 2025.
C.R.S. § 10-16-1001
10-16-1001. Legislative declaration. (1) The general assembly hereby recognizes that, through the sunset review for the division of insurance within the department of regulatory agencies in October 2001, the general assembly adopted a recommendation to consolidate and relocate the regulatory functions concerning health-care cooperatives. The provisions of parts 1, 2, and 4 of article 18 of title 6, C.R.S., were, therefore, repealed and relocated to this part 10.
(2) The general assembly hereby finds that:
(a) Under the current health-care system in this state, individuals risk losing
their health-care coverage when they lose or change jobs or when coverage becomes unaffordable;
(b) Continued escalation of health-care costs threatens the continued
economic vitality of the state; and
(c) Health care is a critical part of the economy of this state, representing a
significant percentage of public and private spending, and affects all industries and individuals in this state.
(3) The general assembly hereby determines that:
(a) Comprehensive health-care benefits that meet the full range of health
needs, as mandated by Colorado and federal law, should be readily available to citizens of this state;
(b) The current high quality of health care in this state should be maintained;
(c) Employers and their employees in this state should be afforded a
meaningful opportunity to choose from a range of health plans, health-care providers, and treatments;
(d) Competition in the health-care industry should ensure that health plans
and health-care providers are efficient and charge reasonable prices;
(e) All individuals should have a responsibility to pay their fair share of the
costs of health-care coverage;
(f) Colorado's health-care system should build on the strength of the
employment-based coverage arrangements that now exist in this state; and
(g) In order to help control health-care costs, consumers should be
empowered to organize to directly negotiate health-care prices with providers.
(4) The general assembly, therefore, declares that the purposes of this part
10 are to:
(a) Promote control of the cost of health care for employers, employees, and
individuals who pay for health-care coverage by pooling purchasing power among consumers and organizing providers so that health-care services are delivered in the most efficient manner;
(b) Allow health-care cooperatives established under this part 10 flexibility in
the determination of plans and coverages they provide to members and the selection of health provider networks, plans, and providers with which they contract for services;
(c) Promote individual choice among health plans and health-care providers;
(d) Ensure high quality health care; and
(e) Encourage all individuals to take responsibility for their health-care
coverage by pooling consumer purchasing power through the organization of health-care markets in a more efficient and effective manner.
(5) The general assembly hereby finds, determines, and declares that the
rapidly changing health-care market provides unique opportunities for health-care providers to organize themselves into new forms of collaborative systems to deliver high quality health care at competitive market prices to cooperatives and other purchasers. This part 10 is enacted to encourage such collaborative arrangements and to promote market-based competition among health-care providers.
(6) The general assembly further recognizes that, in order to achieve the
most effective use of resources and medical technology to respond to changing market conditions, providers who would otherwise be competitors with each other will need to horizontally integrate in order to develop collaborative arrangements to guarantee an adequate number of providers to service the market and to vertically integrate in order to guarantee that those who receive services will have a continuum of care as appropriate to their care needs.
(7) The general assembly also recognizes that to effect such new forms of
collaborative systems and integration of providers to service the market will require an analysis of:
(a) Existing methods of providing services, contracting, collaborating, and
networking among providers; and
(b) The extent and type of regulatory oversight of licensed provider
networks or licensed individual providers that is appropriate to protect the public.
Source: L. 2004: Entire part added, p. 992, � 14, effective August 4. L. 2019:
(2)(a), (3)(a), (3)(e), (3)(f), (4)(a), and (4)(e) amended and (3)(g) added, (SB 19-004), ch. 205, p. 2190, � 2, effective August 2.
Cross references: For the legislative declaration in SB 19-004, see section 1
of chapter 205, Session Laws of Colorado 2019.
C.R.S. § 10-16-1002
10-16-1002. Definitions. As used in this part 10, unless the context otherwise requires:
(1) Repealed.
(2) Cooperative or health-care coverage cooperative means a health-care
coverage cooperative created pursuant to this part 10 as an entity that provides to its members health coverage and health-care purchasing services, including but not limited to detailed information on comparative prices, usage, outcomes, quality, and member satisfaction with provider networks. Cooperative does not include a cooperative association organized without capital stock in accordance with article 55 of title 7, C.R.S., that is subject to articles 121 to 137 of title 7, C.R.S., and that had filed articles of incorporation with the secretary of state on or before March 15, 1991.
(3) Health information has the same meaning as medical information, as
set forth in section 18-4-412 (2)(b), C.R.S. Health information also includes information that relates to the past, present, or future physical or mental health of the member and its eligible employees and to payment for the provision of health care to the member and its eligible employees.
(4) Licensed provider network shall have the same meaning as in section 6-18-301.5 (1), C.R.S.
(5) Managed care has the same meaning as managed care plan, as
defined in section 10-16-102 (43).
(6) (a) Member means any public or private employer that has employees
covered for health benefits through a cooperative.
(b) If, pursuant to section 10-16-1009 (3)(l), a cooperative provides coverage
to individuals and allows individuals to join the cooperative, member may also include an individual who is covered by a plan purchased through a cooperative and any dependent of the individual, including a dependent child who is under twenty-six years of age.
(6.5) Member class means the class of member based on whether the
member would qualify for coverage in the individual market, the small employer fully insured market, the large employer fully insured market, or the employer self-insured market.
(7) Person with financial interest in the cooperative's business means one
of the following or an immediate family member of one of the following:
(a) A health-care provider who is contracting or attempting to contract,
directly or indirectly, with the cooperative;
(b) An individual who is an employee or member of the board of directors of,
has a substantial ownership interest in, or derives substantial income from an entity or person that is contracting or attempting to contract, directly or indirectly, with the cooperative; or
(c) An employee of an association, law firm, or other institution or
organization that represents the interests of one or more entities or persons that are contracting or attempting to contract, directly or indirectly, with the cooperative.
(8) Provider network means a group of health-care providers formed to
provide health-care services to individuals.
(9) Purchaser means an individual, an organization, or a governmental
entity that makes health benefit purchasing decisions on behalf of a group of individuals.
(9.5) Self-insured means not insured under a plan underwritten by a
carrier.
(10) Utilization management means programs designed to assure
appropriate utilization of health services relative to established standards or norms.
(11) Repealed.
Source: L. 2004: Entire part added, p. 993, � 14, effective August 4. L. 2013:
(5) amended, (HB 13-1266), ch. 217, p. 989, � 52, effective May 13. L. 2019: (1) and (11) repealed, (5) and (6)(b) amended, and (6.5) added, (SB 19-004), ch. 205, p. 2190, � 3, effective August 2. L. 2025: (9.5) added, (SB 25-275), ch. 377, p. 2038, � 46, effective August 6.
Cross references: For the legislative declaration in SB 19-004, see section 1
of chapter 205, Session Laws of Colorado 2019.
C.R.S. § 10-16-1009
10-16-1009. Powers, duties, and responsibilities of cooperatives. (1) Each cooperative organized pursuant to this part 10 shall:
(a) Establish the conditions of cooperative membership;
(b) Provide to cooperative members and their eligible employees clear,
standardized information about each provider network, licensed provider network, carrier, or other provider contracted with by the cooperative, including, but not limited to, information on price, benefits, costs, quality, patient satisfaction, membership, and responsibilities and obligations;
(c) Offer dependent coverage;
(d) Repealed.
(e) Obtain the necessary contact information and resources to provide to
members and their eligible employees the information described in paragraph (b) of this subsection (1);
(f) Contract only for insurance functions listed in section 10-3-903, with
entities authorized to do business in this state by the commissioner pursuant to this title that have:
(I) The capacity to administer the health benefit plan or services to be
offered;
(II) The ability to monitor and evaluate the quality and cost-effectiveness of
care and applicable procedures;
(III) The ability to report quality and outcomes information necessary for the
cooperative to report quality information to members and their eligible employees; and
(IV) The ability to assure members and their eligible employees adequate
access to health-care providers, including an adequate number and type of providers for the risk pool involved;
(g) Develop and implement a marketing plan that will widely publicize the
cooperative to potential members and their eligible employees and develop and implement methods for informing the public about the cooperative and its services;
(h) State clearly all administrative and broker or agent fees associated with
membership in all materials published for the purpose of soliciting members and their eligible employees or that may be used by potential members in deciding whether to join the cooperative;
(i) Establish administrative and accounting procedures for the operation of
the cooperative and members' services, prepare an annual cooperative budget, and prepare annual program and fiscal reports on cooperative operations;
(j) Maintain all records, reports, and other information of the cooperative;
(k) Maintain a trust account or accounts for the deposit of premium moneys
collected pursuant to subsection (3)(e) of this section, to be paid to carriers or licensed provider networks or licensed individual providers for coverage offered through the cooperative. A cooperative shall have a fiduciary duty with respect to premium moneys collected for carriers and licensed provider networks offered through the cooperative.
(l) Annually report on operations of the cooperative, including program and
financial operations, and provide for internal and independent audits;
(m) Disclose to members and potential members whether or not the
cooperative has been granted a temporary certificate of authority pursuant to section 10-16-1005 (1)(b);
(n) Offer the same premiums and any negotiated health-care prices to all
member classes, if any, equally; except that a cooperative may offer different premiums or negotiated health-care prices to members who are not small employers;
(o) Consider all individuals in all individual health benefit plans offered
through the cooperative, including those individuals who do not enroll in the plans through the exchange, to be members of a single risk pool;
(p) Consider all covered persons in small employer health benefit plans
offered through the cooperative, including those covered persons who do not enroll in plans through the exchange, to be members of a single risk pool.
(2) A self-insured employer may join a cooperative in order to have access to
the discounted provider rates that the cooperative may negotiate on behalf of its self-insured members.
(3) Each cooperative organized pursuant to this part 10 may:
(a) Repealed.
(b) Set reasonable fees for membership in the cooperative that will finance
all reasonable and necessary costs incurred in administering the cooperative;
(c) and (d) Repealed.
(e) Subject to paragraph (l) of subsection (1) of this section, provide premium
collection services for plans and licensed provider networks or licensed individual providers offered through the cooperative;
(f) Reject, or allow a carrier to reject, an employer from membership or drop,
or allow a carrier to drop, an employer from membership if the employer or any of its employee members fails to pay premiums or engages in fraud or material misrepresentation in connection with a plan purchased through the cooperative. If an employee is dropped from membership due to the employer's failure to pay premiums or engagement in fraud or material misrepresentation, the cooperative may offer a special enrollment period in accordance with section 10-16-105.7 (3) to allow the employee to enroll in the individual member class, if available.
(g) Contract with qualified independent third parties for any service
necessary to carry out the powers and duties authorized or required by this part 10;
(h) Contract with licensed insurance agents or brokers to market coverage
made available through the cooperative to its members. A cooperative shall use a uniform fee schedule for all agents and brokers. Such fee schedule shall not vary based on the actual or expected health status or medical utilization of the group to which coverage is sold.
(i) Exclude any carrier, provider network, or provider or freeze enrollment in
any carrier, provider network, or provider for failure to achieve established quality, access, or information reporting standards of the cooperative;
(j) Prohibit members who drop coverage through the cooperative from
reenrolling for up to twelve months in coverage purchased through the cooperative;
(k) Repealed.
(l) Offer coverage for individuals who are members;
(m) Establish employer contribution requirements. Such requirements may
differ by benefit plan, benefit package, or carrier.
(4) No cooperative organized pursuant to this part 10 may:
(a) Exclude from membership in the cooperative any prospective members,
or dependents of prospective members, who agree to pay fees for membership and any premium for coverage through the cooperative and who abide by the bylaws and rules of the cooperative and satisfy the requirements of the benefit plan selected;
(b) Differentiate classes of membership on the basis of industry type, race,
religion, gender, education, health status, or income;
(c) Commit any act constituting a rebate prohibited by section 10-3-1104
(1)(g). The commissioner shall enforce this paragraph (c) pursuant to part 11 of article 3 of this title.
(d) Prohibit any hospital, health maintenance organization, or other provider,
as a condition of contracting to provide services through the cooperative, from providing services through a subcontract or subcontracts with any other hospital, health maintenance organization, or other provider meeting the cooperative's quality standards;
(e) Charge any fee not directly related to health care or the administration of
health-care purchasing functions;
(f) As a condition of membership, require any member, eligible employee, or
dependent to subscribe to non-health-care-related products or services;
(g) Knowingly operate the cooperative or market the cooperative in a county
or primary metropolitan statistical area in a way that would cause the cooperative to select a risk pool with actuarially projected health-care utilization over a two-year period that is below the projected average for all individuals residing in that county or primary metropolitan statistical area. Such measurement and comparison of projected utilization by members of the cooperative to all individuals shall be done on a county or primary metropolitan statistical area basis and not across all members of the cooperative.
(h) Knowingly authorize or select any carrier, provider, licensed provider
network, licensed individual provider, or individual provider that does not comply with or conform to the applicable requirements or standards of this title.
Source: L. 2004: Entire part added, p. 1000, � 14, effective August 4. L. 2019:
(1)(d), (3)(a), (3)(c), (3)(d), and (3)(k) repealed, (1)(o) and (1)(p) added, and (2), (3)(f), (3)(l), and (4)(a) amended, (SB 19-004), ch. 205, p. 2192, � 7, effective August 2. L. 2020: (1)(k) amended, (HB 20-1402), ch. 216, p. 1044, � 17, effective June 30. L. 2025: (2) amended, (SB 25-275), ch. 377, p. 2039, � 47, effective August 6.
Cross references: For the legislative declaration in SB 19-004, see section 1
of chapter 205, Session Laws of Colorado 2019.
C.R.S. § 10-16-102
10-16-102. Definitions. As used in this article 16, unless the context otherwise requires:
(1) Actuarial certification means a written statement by a member of the
American academy of actuaries or other individual acceptable to the commissioner that a small employer carrier is in compliance with the provisions of part 10 of this article, based upon the person's examination, including a review of the appropriate records and of the actuarial assumptions and methods used by the small employer carrier in establishing premium rates for applicable health benefit plans.
(2) Affiliate or affiliated means any entity or person that directly or
indirectly, through one or more intermediaries, controls or is controlled by, or is under common control with, a specified entity or person.
(3) Affiliation period means a period of time, not to exceed two months,
during which a health maintenance organization does not collect premiums and coverage issued is not yet effective.
(4) Basic health-care services means health-care services that an enrolled
population of a health maintenance organization organized pursuant to the provisions of part 4 of this article might reasonably require in order to maintain good health, including, at a minimum, emergency care, inpatient and outpatient hospital services, physician services, outpatient medical services, and laboratory and X-ray services.
(5) Benefits ratio means the ratio of the value of the actual benefits, not
including dividends, to the value of the actual premiums, not reduced by dividends, over the entire period for which rates are computed to provide coverage. Benefits ratio is also known as targeted loss ratio.
(6) Bona fide association means, with respect to health insurance coverage
offered in Colorado, an association that:
(a) Has been actively in existence for at least five years;
(b) Has been formed and maintained in good faith for purposes other than
obtaining insurance and does not condition membership on the purchase of association-sponsored insurance;
(c) Does not condition membership in the association on any health-status-related factor relating to an individual, including an employee of an employer or a
dependent of an employee, and clearly so states in all membership and application materials;
(d) Makes health insurance coverage offered through the association
available to all members regardless of any health-status-related factor relating to the members or individuals eligible for coverage through a member and clearly so states in all marketing and application materials;
(e) Does not make health insurance coverage offered through the
association available other than in connection with a member of the association and clearly so states in all marketing and application materials; and
(f) Provides and annually updates information necessary for the
commissioner to determine whether or not an association meets the definition of a bona fide association before qualifying as a bona fide association for the purposes of this article.
(7) Bona fide volunteer:
(a) Has the meaning set forth in section 31-30-1202, C.R.S.;
(b) Means any volunteer member of a not-for-profit nongovernmental entity
that is organized to provide firefighting services, emergency medical services, or ambulance services; and
(c) Means any volunteer member of a rescue unit as defined in section 25-3.5-103, C.R.S.
(8) Carrier means any entity that provides health coverage in this state,
including a franchise insurance plan, a fraternal benefit society, a health maintenance organization, a nonprofit hospital and health service corporation, a sickness and accident insurance company, and any other entity providing a plan of health insurance or health benefits subject to the insurance laws and rules of Colorado.
(9) (a) Case characteristics means demographic characteristics that are
considered by the carrier in the determination of premium rates for individuals and small employers.
(b) Case characteristics are limited to the following demographic
characteristics, as further defined and determined by the commissioner by rule:
(I) The age of covered individuals;
(II) Geographic location of the policyholder;
(III) Family size; and
(IV) Tobacco use.
(10) Catastrophic plan means an individual health benefit plan that does
not provide a bronze, silver, gold, or platinum level of coverage, as those coverage levels are described in section 10-16-103.4, and is available only to individuals under thirty years of age or who meet the eligibility requirements in federal law for participation in a catastrophic plan.
(11) Child-only plan means a health benefit plan issued on or after April 29,
2011, that provides coverage to an individual under twenty-one years of age. A child-only plan does not include coverage provided to a dependent under an individual or group health benefit plan.
(12) Church plan has the same meaning as set forth in 29 U.S.C. sec. 1002
(33) of the federal Employee Retirement Income Security Act of 1974.
(13) Commissioner means the commissioner of insurance.
(14) Control has the same meaning as set forth in section 10-3-801 (3).
(15) Covered person means a person entitled to receive benefits or services
under a health coverage plan.
(16) Creditable coverage means benefits or coverage provided under:
(a) Medicare, the Colorado Medical Assistance Act, articles 4 to 6 of title
25.5, C.R.S., or the children's basic health plan established pursuant to article 8 of title 25.5, C.R.S.;
(b) An employee welfare benefit plan or group health insurance or health
benefit plan;
(c) An individual health benefit plan;
(d) A state health benefits risk pool; or
(e) Chapter 55 of title 10 of the United States Code, a medical care program
of the federal Indian health service or of a tribal organization, a health plan offered under chapter 89 of title 5, United States Code, a public health plan, or a health benefit plan under section 5 (e) of the federal Peace Corps Act, 22 U.S.C. sec. 2504 (e).
(16.5) Dementia diseases and related disabilities is a condition where
mental ability declines and is severe enough to interfere with an individual's ability to perform everyday tasks. Dementia diseases and related disabilities includes Alzheimer's disease, mixed dementia, Lewy body dementia, vascular dementia, frontotemporal dementia, and other types of dementia.
(17) Dependent means a spouse, a partner in a civil union, an unmarried
child under nineteen years of age, an unmarried child who is a full-time student under twenty-four years of age and who is financially dependent upon the parent, and an unmarried child of any age who is medically certified as disabled and dependent upon the parent. Dependent includes a designated beneficiary, as defined in section 15-22-103 (1), C.R.S., if an employer elects to cover a designated beneficiary as a dependent.
(17.5) EISA means the federal Employee Retirement Income Security Act
of 1974, 29 U.S.C. sec. 1001 et seq.
(18) (a) Eligible employee means a full-time employee in a bona fide
employer-employee relationship with an employer that has not been established for the purpose of obtaining a small group plan. The term does not include:
(I) An employee who works on a temporary or substitute basis;
(II) An individual and his or her spouse or partner in a civil union with respect
to a trade or business, whether incorporated or unincorporated, that is wholly owned by the individual or by the individual and his or her spouse or partner in a civil union; or
(III) A partner in a partnership and his or her spouse or partner in a civil union
with respect to the partnership; except that a partner and his or her spouse or partner in a civil union may participate in a small group plan established to cover one or more eligible employees of the partnership who are not partners in the partnership.
(b) Notwithstanding any provision of law to the contrary, an eligible
employee of a small employer who could also be considered a dependent of the small employer must receive taxable income from the small employer in an amount equivalent to minimum wage for working full-time on a permanent basis in order to be considered an employee of the small employer.
(c) Nothing in this subsection (18) limits the employer's traditional ability to
set valid and acceptable standards for employee eligibility based on the terms and conditions of employment, including a minimum weekly work requirement in excess of thirty hours and eligibility based upon salaried versus hourly workers and management versus nonmanagement employees.
(19) Emergency service provider means a local government, or an authority
formed by two or more local governments, that provides firefighting and fire prevention services, emergency medical services, ambulance services, or search and rescue services, or a not-for-profit nongovernmental entity organized for the purpose of providing any of those services through the use of bona fide volunteers.
(20) Enrollee means:
(a) An individual who is or has been enrolled in a health maintenance
organization;
(b) An individual who is or has been enrolled in an individual or group prepaid
dental care plan as a principal subscriber and includes the individual's dependents who are entitled to prepaid dental care services under the plan solely because of their status as dependents of the principal subscriber; or
(c) An individual who is or has been enrolled in a health coverage plan.
(21) Enrollee coverage means a health coverage plan issued pursuant to
this article to an enrollee setting out the coverage to which the enrollee is entitled under the health coverage plan.
(22) (a) Essential health benefits has the same meaning as set forth in
section 1302 (b) of the federal Patient Protection and Affordable Care Act, as amended, Pub.L. 111-148;
(b) Essential health benefits includes:
(I) Ambulatory patient services;
(II) Emergency services;
(III) Hospitalization;
(IV) Laboratory services;
(V) Maternity and newborn care;
(VI) Behavioral, mental health, and substance use disorder services,
including behavioral health treatment;
(VII) Pediatric services, including oral and vision care;
(VIII) Prescription drugs;
(IX) Preventive and wellness services and chronic disease management; and
(X) Rehabilitative and habilitative services and devices.
(23) Essential health benefits package means the essential health benefits
package required under section 1302 (a) of the federal act and includes coverage that:
(a) Provides for the essential health benefits;
(b) Limits cost sharing for this coverage in accordance with section 1302 (c)
of the federal act; and
(c) For individual and small employer health benefit plans, provides bronze,
silver, gold, or platinum levels of coverage described in section 1302 (d) of the federal act, as specified in section 10-16-103.4.
(24) Established geographic service area means the entire state of
Colorado or, for plans that do not cover the entire state, any county within which the carrier is authorized to have arrangements established with providers to provide services.
(25) Evidence of coverage means any certificate, agreement, or contract
issued to an enrollee by a health maintenance organization setting out the coverage to which the enrollee is or was entitled.
(26) Exchange means the Colorado health benefit exchange created in
article 22 of this title.
(27) Executive director means the executive director of the department of
public health and environment.
(27.5) FDA means the food and drug administration in the United States
department of health and human services, or any successor entity.
(28) Federal act means the federal Patient Protection and Affordable
Care Act, Pub.L. 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Pub.L. 111-152, and as may be further amended, including any federal regulations adopted under the federal act.
(29) Federal law includes the federal act, PHA, HIPAA, EISA, and any
federal regulation implementing these federal acts.
(30) Government plan has the same meaning as set forth in 29 U.S.C. sec.
1002 (32) of the federal Employee Retirement Income Security Act of 1974, and as in any federal governmental plan.
(31) Grandfathered health benefit plan means a health benefit plan
provided to an individual or employer by a carrier on or before March 23, 2010, for as long as it maintains that status in accordance with federal law and includes any extension of coverage under an individual or employer health benefit plan that existed on or before March 23, 2010, to a dependent of an individual enrolled in the plan or to a new employee and his or her dependents who enroll in the employer health benefit plan. This article, as it existed prior to May 13, 2013, applies to grandfathered health benefit plans on and after May 13, 2013.
(32) (a) Health benefit plan means any hospital or medical expense policy
or certificate, hospital or medical service corporation contract, or health maintenance organization subscriber contract or any other similar health contract subject to the jurisdiction of the commissioner available for use, offered, or sold in Colorado.
(b) Health benefit plan does not include:
(I) Accident only;
(II) Credit;
(III) Dental;
(IV) Vision;
(V) Medicare supplement;
(VI) Benefits for long-term care, home health care, community-based care, or
any combination thereof;
(VII) Disability income insurance;
(VIII) Liability insurance including general liability insurance and automobile
liability insurance;
(IX) Coverage for on-site medical clinics;
(X) Coverage issued as a supplement to liability insurance, workers'
compensation, or similar insurance;
(XI) Automobile medical payment insurance; or
(XII) Specified disease, hospital confinement indemnity, or limited benefit
health insurance if the types of coverage do not provide coordination of benefits and are provided under separate policies or certificates.
(c) Solely with respect to section 10-16-118, health benefit plan excludes
individual short-term limited duration health insurance policies.
(33) Health-care services means any services included in or incidental to
the furnishing of medical, behavioral, mental health, or substance use disorder; dental, or optometric care; hospitalization; or nursing home care to an individual, as well as the furnishing to any person of any other services for the purpose of preventing, alleviating, curing, or healing human physical illness or injury, or behavioral, mental health, or substance use disorder. Health-care services includes the rendering of the services through the use of telehealth, as defined in section 10-16-123 (4)(e).
(34) Health coverage plan means a policy, contract, certificate, or
agreement entered into, offered, or issued by a carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health-care services.
(35) Health maintenance organization means any person who:
(a) Provides, either directly or through contractual or other arrangements
with others, health-care services to enrollees; and
(b) Provides, either directly or through contractual or other arrangements
with other persons, health-care services, including, at a minimum, emergency care, inpatient and outpatient hospital services, physician services, outpatient medical services, and laboratory and X-ray services; and
(c) Is responsible for the availability, accessibility, and quality of the health-care services provided or arranged.
(36) Health status means the determination by a carrier of the past,
present, or expected risk of an individual or the employer due to the health conditions of the individual or the employees of the employer.
(37) Health-status-related factor means any of the following factors:
(a) Health status;
(b) Medical condition, including both physical illnesses and mental health
disorders;
(c) Claims experience;
(d) Receipt of health care;
(e) Medical history;
(f) Genetic information;
(g) Evidence of insurability, including conditions arising out of acts of
domestic violence; and
(h) Disability.
(38) Hearing aid means amplification technology that optimizes audibility
and listening skills in the environments commonly experienced by the patient, including a wearable instrument or device designed to aid or compensate for impaired human hearing. Hearing aid includes any parts or ear molds.
(38.3) HIPAA means the federal Health Insurance Portability and
Accountability Act of 1996, Pub.L. 104-191.
(38.5) HIV prevention drug means preexposure prophylaxis, post-exposure
prophylaxis, or other drugs approved by the FDA for the prevention of HIV infection.
(39) Index rate means the premium rate established for a market segment
based on the total combined claims costs for providing essential health benefits within the single risk pool of that market segment.
(40) Intermediary means a person authorized by health-care providers to
negotiate and execute provider contracts with carriers on behalf of such providers.
(40.5) (a) [Editor's note: This version of the introductory portion to
subsection (40.5)(a) is effective until January 1, 2026.] Large employer means any person, firm, corporation, partnership, or association that:
(40.5) (a) [Editor's note: This version of the introductory portion to
subsection (40.5)(a) is effective January 1, 2026.] Large employer means any person that:
(I) Is actively engaged in business;
(II) [Editor's note: This version of subsection (40.5)(a)(II) is effective until
January 1, 2026.] Employed an average of more than one hundred eligible employees on business days during the immediately preceding calendar year, except as provided in subsection (40.5)(c) of this section; and
(II) [Editor's note: This version of subsection (40.5)(a)(II) is effective January
1, 2026.] Employed an average of more than fifty eligible employees on business days during the immediately preceding calendar year, except as provided in subsection (40.5)(c) of this section; and
(III) Was not formed primarily for the purpose of purchasing insurance.
(b) For purposes of determining whether an employer is a large employer,
the number of eligible employees is calculated using the method set forth in 26 U.S.C. sec. 4980H (c)(2)(E).
(c) In the case of an employer that was not in existence throughout the
preceding calendar quarter, the determination of whether the employer is a large employer is based on the average number of employees that the employer is reasonably expected to employ on business days in the current calendar year.
(d) The following employers are single employers for purposes of
determining the number of employees:
(I) A person or entity that is a single employer pursuant to 26 U.S.C. sec. 414
(b), (c), (m), or (o); and
(II) An employer and any predecessor employer.
(41) Licensed health-care provider has the same meaning as in section 10-4-601.
(42) Local government means any city, county, city and county, special
district, or other political subdivision of this state.
(43) Managed care plan means a policy, contract, certificate, or agreement
offered by a carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health-care services through the covered person's use of health-care providers managed by, owned by, under contract with, or employed by the carrier because the carrier either requires the use of or creates incentives, including financial incentives, for the covered person's use of those providers.
(43.5) MHPAEA means the federal Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008, Pub.L. 110-343, as amended, and all of its implementing and related regulations.
(44) Minor child means any person under eighteen years of age.
(45) Network means a group of participating providers providing services
to a managed care plan. For the purposes of part 7 of this article, any subdivision or subgrouping of a network is considered a network if covered individuals are restricted to the subdivision or subgrouping for covered benefits under the managed care plan.
(46) Participating provider means a provider, either within or outside of
Colorado, that, under a contract with a carrier or with its contractor or subcontractor, has agreed to provide health-care services to covered persons with an expectation of receiving payment, other than coinsurance, copayments, or deductibles, directly or indirectly, from the carrier.
(47) Patient with diabetes means a person with elevated blood glucose
levels who has been diagnosed as having diabetes by an appropriately licensed health-care professional.
(48) Person means any individual, partnership, association, trust, or
corporation and includes any hospital licensed or certified in this state, independent practice association of physicians, or professional service corporation for the practice of medicine.
(48.5) PHA means the federal Public Health Service Act, 42 U.S.C. sec.
201 et seq.
(49) (a) Pharmacy benefit management firm, pharmacy benefit manager,
or PBM means any entity doing business in this state that administers or manages prescription drug benefits, including claims processing services and other prescription drug or device services as defined in section 10-16-122.1, on behalf of any carrier that provides prescription drug benefits to residents of this state, either pursuant to a contract with the carrier or as an entity that is related to, associated by common or other ownership with, or otherwise associated with the carrier.
(b) Pharmacy benefit management firm, pharmacy benefit manager, or
PBM does not include:
(I) A health-care facility licensed or certified by the department of public
health and environment pursuant to section 25-1.5-103 (1)(a);
(II) A provider;
(III) A consultant who only provides advice as to the selection or
performance of a pharmacy benefit management firm; or
(IV) A nonprofit health maintenance organization that offers managed care
plans that provide a majority of covered professional services through a single, contracted medical group and that operates its own pharmacies.
(50) Policy of sickness and accident insurance means any policy or
contract of insurance against loss or expense resulting from the sickness of the insured, the bodily injury or death of the insured by accident, or both.
(50.5) Post-exposure prophylaxis means a drug or drug combination that
meets the same clinical eligibility recommendations provided in CDC guidelines, as defined in section 12-280-125.7.
(50.7) Preexposure prophylaxis means a drug or drug combination that
meets the same clinical eligibility recommendations provided in CDC guidelines, as defined in section 12-280-125.7.
(51) Premium means all moneys paid as a condition of receiving coverage
from a carrier, including any fees or other contributions associated with the health benefit plan.
(52) Prepaid dental care plan means any contractual arrangement through
an entity organized pursuant to part 5 of this article to provide, either directly or through arrangements with others, dental care services to enrollees on a fixed prepayment basis or as a benefit of the enrollees' participation or membership in any other contract, agreement, or group.
(53) Prepaid dental care plan organization means any person who
undertakes to conduct one or more prepaid dental care plans providing only dental care services.
(54) Prepaid dental care services means services included in the practice
of dentistry, as defined in article 220 of title 12, that are provided to enrollees under a prepaid dental care plan.
(55) Producer means a person licensed by the division who solicits,
negotiates, effects, procures, delivers, renews, continues, services, or binds health benefit plans and is licensed to conduct these activities in Colorado.
(56) Provider means any physician, dentist, optometrist, anesthesiologist,
hospital, X ray, laboratory and ambulance service, or other person who is licensed or otherwise authorized in this state to furnish health-care services.
(57) Rate increase means an increase in the current rate.
(58) Rating period means the calendar period for which premium rates
established by a carrier are assumed to be in effect.
(59) Restricted network provision means any provision of an individual or
group health benefit plan that conditions the payment of benefits, in whole or in part, on the use of health-care providers that have entered into a contractual arrangement with the carrier to provide health-care services to covered individuals.
(59.5) Rural independent pharmacy means a prescription drug outlet that
is privately owned by at least one licensed pharmacist with no ownership interest by or affiliation with a chain pharmacy or a publicly traded prescription drug outlet.
(60) Short-term limited duration health insurance policy or short-term
policy means a nonrenewable individual health benefit plan with a specified duration of not more than six months that meets the following requirements:
(a) The policy is issued only to individuals who have not had more than one
short-term policy providing the same or similar nonrenewable coverage from any carrier within the past twelve months and so states in all marketing materials, application forms, and policy forms. An applicant is eligible for coverage if a short-term carrier includes in its application form the following:
Have you or any other person to be insured been covered under two or more nonrenewable short-term policies during the past twelve months? If yes, then this policy cannot be issued. You must wait six months from the date of your last such policy to apply for a short-term policy.
(b) The policy contains the following disclosure in ten-point or larger, bold-faced type in all marketing materials, application forms, and policy forms:
This policy does not provide portability of prior coverage. As a result, any injury, sickness, or pregnancy for which you have incurred charges, received medical treatment, consulted a health-care professional, or taken prescription drugs within twelve months before the effective date of this policy will not be covered under this policy.
(61) (a) Repealed.
(b) [Editor's note: This version of the introductory portion to subsection
(61)(b) is effective until January 1, 2026.] Effective January 1, 2016, small employer means any person, firm, corporation, partnership, or association that:
(b) [Editor's note: This version of the introductory portion to subsection
(61)(b) is effective January 1, 2026.] Small employer means any person that:
(I) Is actively engaged in business;
(II) [Editor's note: This version of subsection (61)(b)(II) is effective until
January 1, 2026.] Employed an average of at least one but not more than one hundred eligible employees on business days during the immediately preceding calendar year, except as provided in paragraph (e) of this subsection (61); and
(II) [Editor's note: This version of subsection (61)(b)(II) is effective January 1,
2026.] Employed an average of at least one but not more than fifty eligible employees on business days during the immediately preceding calendar year, except as provided in subsection (61)(e) of this section; and
(III) Was not formed primarily for the purpose of purchasing insurance.
(c) For purposes of determining whether an employer is a small employer,
the number of eligible employees is calculated using the method set forth in 26 U.S.C. sec. 4980h (c)(2)(E).
(d) In order to be classified as a small employer with more than one
employee when only one employee enrolls in the small employer's health benefit plan, the small employer shall submit to the small employer carrier the two most recent quarterly employment and tax statements substantiating that the employer had two or more eligible employees. Such small employer group shall also meet the participation requirements of the small employer carrier.
(e) In the case of an employer that was not in existence throughout the
preceding calendar quarter, the determination of whether the employer is a small employer is based on the average number of employees that the employer is reasonably expected to employ on business days in the current calendar year.
(f) The following employers are single employers for purposes of
determining the number of employees:
(I) A person or entity that is a single employer pursuant to 26 U.S.C. sec. 414
(b), (c), (m), or (o); and
(II) An employer and any predecessor employer.
(62) Small employer carrier means a carrier that offers health benefit
plans covering eligible employees of one or more small employers in this state.
(63) Small group sickness and accident insurance, small group plan, and
small group policy mean that form of group sickness and accident insurance issued by an entity subject to part 2 of this article, that form of group service or indemnity type contract issued by an entity organized pursuant to part 3 of this article, or that form of policy issued by an entity organized pursuant to part 4 of this article that provides coverage to small employers located in Colorado. These terms include a bona fide association plan if such plan provides coverage to one or more eligible employees of a small employer in Colorado.
(64) Standing referral means a referral by the covered person's primary
care provider to a specialist or specialized treatment center participating in the carrier's network for ongoing treatment of a covered person.
(65) Student health insurance coverage means a type of individual health
insurance coverage that is provided pursuant to a written agreement between an institution of higher education, as defined in the Higher Education Act of 1965, and a health carrier and provided to students enrolled in that institution of higher education and their dependents, that:
(a) Does not make health insurance coverage available other than in
connection with enrollment as a student, or as a dependent of a student, in the institution of higher education;
(b) Does not condition eligibility for health insurance coverage on any health-status-related factor related to a student or a dependent of a student; and
(c) Meets any additional requirement that may be imposed by law.
(66) Targeted loss ratio means the ratio of expected policy benefits over
the entire future period for which the proposed rates are expected to provide coverage to the expected earned premium over the same period. The anticipated loss ratio shall be calculated on an incurred basis as the ratio of expected incurred losses to expected earned premium.
(67) Uncovered expenditures means the costs of those health-care
services:
(a) That are covered under the health maintenance organization's health-care plans but are not guaranteed, insured, or assumed by a person or organization
other than the health maintenance organization; or
(b) For which a provider has not agreed to hold enrollees harmless if the
provider is not paid by the health maintenance organization.
(68) Valid multistate association means an association that has:
(a) Been in active existence for at least five years;
(b) Been organized and maintained in good faith for purposes other than to
obtain insurance;
(c) A minimum of five hundred members;
(d) A constitution, charter, or bylaws that provide for regular meetings, at
least annually, to further the purposes of the members;
(e) Collected dues or solicited contributions for members; and
(f) Provided the members with voting privileges and representation on the
governing board and committees.
(69) Waiting period means, with respect to a group health benefit plan and
an individual that is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual, as determined by the plan sponsor, before the individual is eligible to be covered for benefits under the terms of the plan.
Source: L. 92: Entire article R&RE, p. 1617, � 1, effective July 1. L. 93: (3)
amended, p. 200, � 1, effective March 31. L. 94: (1) and (40) amended and (2) to (11), (13) to (15), (18), (21), (24) to (26), (28), (31), (35), (37) to (39), (41), and (42) added, p. 1896, � 6, effective July 1. L. 96: (6) amended, p. 392, � 1, effective July 1; (13.5), (22.5), (25.5), and (26.5) added, p. 568, � 2, effective July 1; (22.5) and (26.5) added, p. 729, � 1, effective July 1. L. 97: (10)(b)(II) amended, p. 117, � 1, effective March 24; (2.5), (5.5), (13.7), (24.5), and (45) added and (9), (21), (26), (37), and (43) amended, p. 630, � 3, effective May 1; (27.5) and (28.5) added, p. 1324, � 1, effective July 1. L. 98: (21)(b) amended, p. 373, � 1, effective April 21; (28.7) added, p. 329, � 1, effective July 1. L. 99: (23)(a) amended, p. 84, � 5, effective July 1; (43.5) added, p. 319, � 3, effective July 1; (6) amended, p. 225, � 1, effective August 4. L. 2001: (10.5) and (20.5) added and (13.7)(d) amended, pp. 1048, 1051, �� 31, 37, effective July 1; (6)(a), IP(10)(b), and (15) amended, p. 811, � 2, effective January 1, 2002; (22) amended and (26.3) added, p. 1153, � 2, effective January 1, 2002; (29.5) added, p. 1230, � 1, effective January 1, 2002. L. 2002: (6)(d) added and (10)(b)(II) and (40) amended, pp. 1291, 1290, �� 2, 1, effective January 1, 2003; (6)(d) added and (40) amended, p. 1283, �� 2, 1, effective January 1, 2003; (11)(a)(II) and (11)(a)(III) amended and (11)(a)(IV) added, p. 331, � 2, effective January 1, 2003. L. 2003: (10)(b)(II) amended, p. 1988, � 20, effective May 22; (10)(b)(IV), (10)(b)(V), (10)(b)(VI), (10)(b)(VII), and (15)(c) added and (10)(c) amended, p. 1774, �� 7, 8, 6, effective July 1. L. 2004: (1), (11), and (40)(a) amended, p. 980, � 3, effective August 4; (7) amended, p. 1190, � 16, effective August 4. L. 2005: (42) and (43) amended, p. 762, � 14, effective June 1. L. 2007: (13.7)(a) amended and (26)(e) added, p. 470, �� 1, 2, effective July 1; (10)(b)(IV), (10)(b)(V), (10)(b)(VI), and (10)(b)(VII) amended, p. 1752, � 1, effective January 1, 2009. L. 2008: (5.3), (36.5), and (43.7) added, p. 2249, � 3, effective July 1; (5.6), (15.5), and (26.4) added, p. 578, � 1, effective August 5; (24.7) and (27.3) added, p. 2006, � 2, effective January 1, 2009. L. 2009: (14) and (26)(d) amended, (HB 09-1260), ch. 107, p. 439, � 3, effective July 1; (26)(e) amended and (26)(f) and (26)(g) added, (HB 09-1338), ch. 353, p. 1843, � 3, effective July 1. L. 2010: (26.3) amended, (HB 10-1220), ch. 197, p. 856, � 22, effective July 1. L. 2011: (10.3) and (36.3) added, (SB 11-128), ch. 133, p. 467, � 2, effective April 29. L. 2013: Entire section amended with relocations, (HB 13-1266), ch. 217, p. 903, � 1, effective May 13; (17) amended, (SB 13-011), ch. 49, p. 160, � 7, effective January 1, 2014. L. 2015: (33) amended, (HB 15-1029), ch. 38, p. 95, � 2, effective January 1, 2017. L. 2017: IP, (22)(b)(VI), and (33) amended, (SB 17-242), ch. 263, p. 1263, � 34, effective May 25; IP, (20), and (46) amended, (SB 17-249), ch. 283, p. 1548, � 18, effective June 1. L. 2018: (16.5) added, (HB 18-1091), ch. 74, p. 644, � 8, effective August 8; (37)(b) amended, (SB 18-091), ch. 35, p. 381, � 3, effective August 8. L. 2019: (43.5) added, (HB 19-1269), ch. 195, p. 2125, � 2, effective May 16; (54) amended, (HB 19-1172), ch. 136, p. 1653, � 40, effective October 1. L. 2020: (22)(a) and (29) amended, (HB 20-1402), ch. 216, p. 1043, � 16, effective June 30; (27.5), (38.5), (50.5), and (50.7) added, (HB 20-1061), ch. 281, p. 1374, � 1, effective July 13. L. 2021: (40.5) added, (HB 21-1068), ch. 439, p. 2908, � 3, effective July 6; (49) amended, (HB 21-1297), ch. 452, p. 2991, � 2, effective July 6. L. 2023: (38.5) amended, (SB 23-189), ch. 69, p. 254, � 1, effective April 14. L. 2024: IP(40.5)(a), (40.5)(a)(II), IP(61)(b), and (61)(b)(II) amended, (SB 24-073), ch. 146, p. 589, � 1, effective January 1, 2026. L. 2025: (17.5), (38.3), and (48.5) added and (29) amended, (SB 25-275), ch. 377, p. 2038, � 44, effective August 6; (59.5) added, (HB 25-1222), ch. 259, p. 1328, � 2, effective August 6.
Editor's note: (1) (a) The provisions of this section are similar to provisions of
several former sections as they existed prior to 1992. For a detailed comparison, see the comparative tables located in the back of the index.
(b) Subsection (61)(e) and subsection (68) are similar to former �� 10-16-105
(12) and 10-16-214 (2)(b), respectively, as they existed prior to 2013.
(2) The provisions of this section, including the amendments made by House
Bill 94-1210, were renumbered in 1994 to conform to C.R.S. numbering format.
(3) Amendments to subsection (22.5) by House Bill 96-1082 and House Bill
96-1216 were harmonized.
(4) Amendments to subsection (40) by House Bill 02-1003 and House Bill 02-1013 were harmonized.
(5) Subsection (17) was numbered as subsection (14) in Senate Bill 13-011
(see L. 2013, p. 160). That provision was harmonized with this section as it appears in House Bill 13-1266.
(6) Subsection (61)(a)(II) provided for the repeal of subsection (61)(a),
effective December 31, 2015. (See L. 2013, p. 903.)
(7) Subsections (40.5) and (61) are repealed when the conditions under � 10-16-105.1 (3.5)(e)(II) have occured.
(8) Section 8(2) of chapter 259 (HB 25-1222), Session Laws of Colorado
2025, provides that the act changing this section applies to conduct occurring on or after August 6, 2025.
Cross references: (1) For chapter 55 of title 10 of the United States Code,
see 10 U.S.C. � 1071 et seq.; for chapter 89 of title 5 of the United States Code, see 5 U.S.C. � 8901 et seq.; for the Higher Education Act of 1965, see 20 U.S.C. � 1001 et seq.
(2) For the legislative declaration contained in the 1996 act enacting
subsections (13.5), (22.5), (25.5), and (26.5), see section 1 of chapter 122, Session Laws of Colorado 1996. For the legislative declaration contained in the 1997 act enacting subsections (2.5), (5.5), (13.7), (24.5), and (45) and amending subsections (9), (21), (26), (37), and (43), see section 1 of chapter 154, Session Laws of Colorado 1997. For the legislative declaration contained in the 1999 act enacting subsection (43.5), see section 1 of chapter 111, Session Laws of Colorado 1999. For the legislative declaration contained in the 2001 act amending subsection (22) and enacting subsection (26.3), see section 1 of chapter 300, Session Laws of Colorado 2001. For the legislative declaration contained in the 2002 act amending subsections (11)(a)(II) and (11)(a)(III) and enacting subsection (11)(a)(IV), see section 1 of chapter 117, Session Laws of Colorado 2002. For the legislative declaration in the 2011 act adding subsections (10.3) and (36.3), see section 1 of chapter 133, Session Laws of Colorado 2011. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1068, see section 1 of chapter 439, Session Laws of Colorado 2021. For the legislative declaration in HB 21-1297, see section 1 of chapter 452, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1222, see section 1 of chapter 259, Session Laws of Colorado 2025.
(3) In 2008, subsections (5.3), (36.5), and (43.7) were enacted by the Fair
Accountable Insurance Rates Act. For the short title and legislative declaration, see sections 1 and 2 of chapter 439, Session Laws of Colorado 2008.
(4) For the short title (Behavioral Health Care Coverage Modernization Act)
in HB 19-1269, see section 1 of chapter 195, Session Laws of Colorado 2019.
C.R.S. § 10-16-1105
10-16-1105. Reinsurance program - creation - enterprise status - subject to waiver or funding approval - operation - payment parameters - calculation of reinsurance payments - eligible carrier requests - definition. (1) (a) There is hereby created in the division the Colorado reinsurance program to provide reinsurance payments to eligible carriers. Implementation and operation of the reinsurance program is contingent upon approval of a state innovation waiver, an extension of a state innovation waiver, or a federal funding request submitted by the commissioner in accordance with section 10-16-1109.
(b) (I) The reinsurance program is part of the Colorado health insurance
affordability enterprise established pursuant to part 12 of this article 16.
(II) (Deleted by amendment, L. 2020.)
(c) If a state innovation waiver, an extension of a state innovation waiver, or a
federal funding request submitted by the commissioner pursuant to section 10-16-1109 is approved, the commissioner shall implement and operate the reinsurance program in accordance with this section.
(d) The commissioner shall collect or access data from each eligible carrier
as necessary to determine reinsurance payments, according to the data requirements under subsection (3)(c) of this section.
(e) (I) On a quarterly basis during the applicable benefit year, each eligible
carrier shall report to the commissioner its claims costs that exceed the attachment point for that benefit year.
(II) For each applicable benefit year, the commissioner shall notify eligible
carriers of reinsurance payments to be made for the applicable benefit year no later than June 30 of the year following the applicable benefit year. By August 15 of the year following the applicable benefit year, the commissioner shall disburse all applicable reinsurance payments to an eligible carrier.
(2) (a) For purposes of determining eligibility for and calculating reinsurance
payments under the reinsurance program for the 2020 benefit year in order to make private health insurance coverage more accessible and affordable and encourage increased carrier participation in rural parts of the state, the commissioner shall set the payment parameters at amounts to achieve:
(I) A reduction in claims costs of between thirty and thirty-five percent in
geographic rating area numbers five and nine;
(II) A reduction in claims costs of between twenty and twenty-five percent in
geographic rating area numbers four, six, seven, and eight; and
(III) A reduction in claims costs of between fifteen and twenty percent in
geographic rating area numbers one, two, and three.
(a.5) To the greatest extent possible, the commissioner shall set the
payment parameters for the 2021 benefit year at amounts to maintain the targeted claims reductions achieved in the 2020 benefit year.
(b) For the 2022 benefit year and each benefit year thereafter, after a
stakeholder process, the commissioner shall establish and publish the payment parameters for that benefit year by March 15 of the immediately preceding calendar year. In setting the payment parameters under this subsection (2)(b), the commissioner shall consider the following factors as they apply in each geographic rating area in the state:
(I) Participation and competition by carriers in the individual market;
(II) Enrollment across all income levels and morbidity in the individual
market;
(III) Participation and competition by providers; and
(IV) Rates in the individual market.
(c) If the amount of money from funding sources specified in section 10-16-1107 is anticipated to be inadequate to fully fund the payment parameters, the
commissioner shall establish new payment parameters within the available money. The commissioner shall allow an eligible carrier to revise an applicable rate filing for the next benefit year based on the final payment parameters established pursuant to this subsection (2)(c) and on actual reinsurance payments received by the eligible carrier.
(3) (a) An eligible carrier that meets the requirements of this subsection (3)
and subsection (4) of this section may request reinsurance payments from the reinsurance program.
(b) An eligible carrier must make requests for reinsurance payments in
accordance with the requirements established by the commissioner.
(c) To receive reinsurance payments through the reinsurance program, an
eligible carrier must, by April 30 of the year following the benefit year for which reinsurance payments are requested:
(I) Provide the commissioner with access to the data within the dedicated
data environment established by the eligible carrier under the federal risk adjustment program under 42 U.S.C. sec. 18063; and
(II) Submit to the commissioner an attestation that the carrier has complied
with the dedicated data environments, data requirements, establishment and usage of masked enrollee identification numbers, and data submission deadlines.
(d) An eligible carrier shall maintain records sufficient to substantiate the
requests for reinsurance payments made pursuant to this section for at least six years. An eligible carrier shall also make those records available upon request from the commissioner for purposes of verification, investigation, audit, or other review of reinsurance payment requests.
(e) The commissioner may have an eligible carrier audited to assess the
carrier's compliance with this section. The eligible carrier shall ensure that its contractors, subcontractors, and agents cooperate with any audit under this section.
(4) (a) (I) The commissioner shall calculate each reinsurance payment based
on an eligible carrier's incurred claims costs for a covered person's covered benefits in the applicable benefit year. If the claims costs do not exceed the attachment point for the applicable benefit year, the carrier is not eligible for a reinsurance payment.
(II) If the claims costs exceed the attachment point for the applicable benefit
year, the commissioner shall calculate the reinsurance payment as the product of the coinsurance rate and the eligible carrier's claims costs, up to the reinsurance cap.
(b) A carrier is ineligible for reinsurance payments for claims costs for a
covered person's covered benefits in the applicable benefit year that exceed the reinsurance cap.
(c) The commissioner shall ensure that reinsurance payments made to an
eligible carrier do not exceed the total amount paid by the eligible carrier for any eligible claim. Total amount paid by the eligible carrier for any eligible claim means the amount paid by the eligible carrier based on the allowed amount less any deductible, coinsurance, or copayment, as of the time the data are submitted or made accessible under subsection (3)(c) of this section.
(d) An eligible carrier may request that the commissioner reconsider a
decision on the carrier's request for reinsurance payments within thirty days after notice of the commissioner's decision. A final action or order of the commissioner under this subsection (4)(d) is subject to judicial review in accordance with section 24-4-106.
(5) In order to promote more cost-effective health-care coverage and to be
fair to federal taxpayers by restraining growth in federal spending commitments, the commissioner shall require each eligible carrier that participates in the program to file with the commissioner, by a date and in a form and manner specified by the commissioner by rule, the care management protocols the eligible carrier will use to manage claims within the payment parameters.
Source: L. 2019: Entire part added, (HB 19-1168), ch. 204, p. 2180, � 1,
effective May 17. L. 2020: (1)(a), (1)(b), (1)(c), (1)(e)(I), and IP(2)(b) amended and (2)(a.5) added, (SB 20-215), ch. 201, p. 998, � 4, effective June 30.
C.R.S. § 10-16-1106
10-16-1106. Accounting - reports - audits. (1) The commissioner shall maintain an accounting for each benefit year of all:
(a) Money expended for reinsurance payments and administrative and
operational expenses;
(b) Requests for reinsurance payments received from eligible carriers;
(c) Reinsurance payments made to eligible carriers; and
(d) Administrative and operational expenses incurred for the reinsurance
program.
(2) By November 1 of the year following the applicable benefit year or sixty
calendar days after the final disbursement of reinsurance payments for the applicable benefit year, whichever is later, the commissioner shall make available to the public a report summarizing the reinsurance program's operations for each benefit year. The commissioner shall post the report on the division's website.
(3) The reinsurance program is subject to audit by the state auditor. The
commissioner shall ensure that all of the reinsurance program's contractors, subcontractors, and agents cooperate with the audit.
(4) On or before November 1, 2020, and on or before November 1 of each year
thereafter, the division shall include an update regarding the program in its report to the members of the applicable committees of reference in the senate and house of representatives as required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
Source: L. 2019: Entire part added, (HB 19-1168), ch. 204, p. 2183, � 1,
effective May 17. L. 2020: (4) amended, (SB 20-215), ch. 201, p. 999, � 5, effective June 30.
C.R.S. § 10-16-113.5
10-16-113.5. Independent external review of adverse determinations - legislative declaration - definitions - rules. (1) The general assembly hereby finds, determines, and declares that, in the interest of improving accountability for health-care coverage decisions, individuals should have the option of an independent external review by qualified experts when there has been an adverse determination with respect to a health coverage plan pursuant to a carrier's procedures as required by section 10-16-113.
(2) As used in this section, unless the context otherwise requires:
(a) Adverse determination means a denial of:
(I) A preauthorization for a covered benefit;
(II) A request for benefits for an individual on the grounds that the treatment
or covered benefit is not medically necessary, appropriate, effective, or efficient or is not provided in or at the appropriate health-care setting or level of care;
(III) A request for benefits on the grounds that the treatment or services are
experimental or investigational;
(IV) A benefit as described in section 10-16-113 (1)(c); or
(V) A request for benefits for a prescription drug that is unavailable in the
state because a manufacturer has withdrawn the prescription drug from sale or distribution within the state under section 10-16-1412.
(b) Division means the division of insurance in the department of regulatory
agencies, established in section 10-1-103.
(c) Expedited review means a review following completion of procedures
for expedited internal review of an adverse determination involving a situation where the time frame of the standard independent external review procedures would seriously jeopardize the life or health of the individual or would jeopardize the individual's ability to regain maximum function. Expedited review is available if the adverse determination concerns an admission, availability of care, continued stay, or health-care services for which the individual received emergency services, and the individual has not been discharged from a facility.
(d) (I) Expert reviewer means a physician or other appropriate health-care
provider assigned by an independent external review entity to conduct an independent external review. An expert reviewer shall not:
(A) Have been involved in the individual's care previously;
(B) Be a member of the board of directors of the carrier;
(C) Have been previously involved in the review process for the individual
requesting an independent external review;
(D) Have a direct financial interest in the case or in the outcome of the
review; or
(E) Be an employee of the carrier.
(II) Physicians or other appropriate health-care providers who are expert
reviewers must:
(A) Be experts in the treatment of the medical condition of the individual
requesting an independent external review and knowledgeable about the recommended treatment or service that is the subject of the review through the expert's actual, current clinical experience;
(B) Hold a license issued by a state and, for physicians, a current certification
by a recognized American medical specialty board in the area appropriate to the subject of review; and
(C) Have no history of disciplinary action or sanction, including loss of staff
privileges or participation restrictions, taken or pending by any hospital, government, or regulatory body.
(e) (I) Except as specified in subparagraph (II) of this paragraph (e), health
coverage plan has the same meaning as set forth in section 10-16-102 (34).
(II) Health coverage plan does not include insurance arising out of the
Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S., or other similar law, automobile medical payment insurance, property and casualty insurance, or insurance under which benefits are payable with or without regard to fault and that is required by law to be contained in any liability insurance policy or equivalent self-insurance.
(f) Independent external review entity means an entity that meets the
requirements of this section, is accredited by a nationally recognized private accrediting organization, and is certified by the commissioner to conduct independent external reviews of adverse determinations by a carrier.
(g) (I) Individual requesting an independent external review means a
covered person who:
(A) Has gone through at least one of the internal appeals review levels
offered by a carrier and established pursuant to section 10-16-113 and has requested an independent external review of a carrier's decision to uphold an adverse determination; or
(B) Has pursued an expedited review of an adverse determination.
(II) Individual requesting an independent external review also includes the
designated representative of an individual requesting an independent external review.
(h) Medical and scientific evidence includes the following sources:
(I) Peer-reviewed scientific studies published in or accepted for publication
by medical journals that meet nationally recognized requirements for scientific manuscripts and that submit most of their published articles for review by experts who are not part of the editorial staff;
(II) Peer-reviewed literature, biomedical compendia, and other medical
literature that meet the criteria of the national institute of health's national library of medicine for indexing in index medicus, excerpta medicus (EMBASE), medline, and MEDLARS database of health services technology assessment research (HSTAR);
(III) Medical journals recognized by the United States secretary of health and
human services, pursuant to section 1861 (t)(2) of the federal Social Security Act, 42 U.S.C. sec. 1395x;
(IV) The following standard reference compendia:
(A) The American hospital formulary service-drug information;
(B) The American medical association drug evaluation;
(C) The American dental association accepted dental therapeutics; and
(D) The United States pharmacopoeia - drug information.
(V) Findings, studies, or research conducted by or under the auspices of
federal government agencies and nationally recognized federal research institutes, including the federal agency for health care policy and research, national institutes of health, the national cancer institute, the national academy of sciences, the health care financing administration, the congressional office of technology assessment, and the national board recognized by the national institutes of health for the purpose of evaluating the medical value of health services.
(3) Carriers shall make available an independent external review process
that meets the requirements of this section. The carrier shall pay the cost of an independent external review. There is no restriction on the minimum dollar amount of a claim for it to be eligible for external review.
(4) (a) To qualify for certification by the commissioner as an independent
external review entity, the entity must meet the following requirements:
(I) The independent external review entity shall ensure that cases are
reviewed by expert reviewers knowledgeable about the recommended treatment or service through the expert reviewers' actual, current clinical experience and who have appropriate expertise in the same or similar specialties as would typically manage the case being reviewed.
(II) The independent external review entity shall ensure that the decision is
based upon a case review that includes a review of the medical records of the individual requesting an independent external review and a review of relevant medical and scientific evidence.
(III) The independent external review entity shall have a quality assurance
procedure that ensures the timeliness and quality of the reviews conducted pursuant to this section, the qualifications and independence of the expert reviewers, and the confidentiality of medical records and review materials.
(IV) The independent external review entity shall maintain patient
confidentiality pursuant to Colorado and federal law.
(b) In addition to the requirements set forth in paragraph (a) of this
subsection (4), the commissioner shall certify only an independent external review entity that:
(I) Is not a subsidiary of, or owned or controlled by, a carrier, a trade
association of carriers, or a professional association of health-care providers;
(II) Maintains documentation available for review by the division upon
request that includes the following:
(A) The names of all stockholders and owners of more than five percent of
stock or options;
(B) The names of all holders of bonds or notes in amounts in excess of one
hundred thousand dollars;
(C) The names of all corporations and organizations that the independent
external review entity controls or is affiliated with, and the nature and extent of any ownership or control, including the affiliated organization's business activities;
(D) The names of all directors, officers, and executives of the independent
external review entity and a statement regarding any relationship the directors, officers, or executives may have with any carrier;
(III) Does not have any material professional, family, or financial conflict of
interest with:
(A) The carrier or any officer, director, or executive of the carrier. This
requirement does not prohibit a physician or qualified health-care professional who contracts with the carrier as a participating provider from serving on a review panel of the independent external review entity if the physician or qualified health-care professional meets the requirements of paragraph (d) of subsection (2) of this section. If a participating provider serves on the panel reviewing the case of an individual requesting an independent external review, the review entity shall notify the individual requesting an independent external review that a health-care professional serving on the review panel has a contract as a participating provider with the carrier.
(B) The physician or physician's medical group that treated the individual
requesting an independent external review;
(C) The institution at which the treatment or service would be provided;
(D) The development or manufacture of the principal drug, device,
procedure, treatment, or service proposed for the individual requesting an independent external review whose treatment is under review; or
(E) The individual requesting an independent external review.
(c) Nothing in subparagraph (III) of paragraph (b) of this subsection (4)
includes affiliations that are limited to staff privileges at a health-care institution.
(d) The commissioner shall promulgate rules as necessary for the
certification of independent external review entities under this section. The commissioner may deny, suspend, or revoke the certification of an independent external review entity that does not comply with the requirements of this section. The commissioner may contract with any person or entity to develop the certification rules and for implementation and administration of the certification program.
(5) Upon receipt of a request from an individual requesting an independent
external review of a denial, the carrier shall contact the division. The division or its contractor shall inform the carrier of the name of the independent external review entity to which the appeal should be sent.
(6) All health coverage plan materials dealing with the carrier's grievance
procedures must advise individuals in writing of the availability of an independent external review process, the circumstances under which an individual requesting an independent external review may use the independent external review process, the procedures for requesting an independent external review, and the deadlines associated with an independent external review.
(7) An individual requesting an independent external review shall make the
request within four months after receiving notification of the denial of the individual's internal appeal of an adverse determination. In the internal appeal denial notification, the carrier shall inform the individual of his or her right to an independent external review. An individual requesting an independent external review shall notify the carrier if the individual requests an expedited review. An individual requesting an expedited independent external review may obtain such external review concurrently with an expedited internal appeal request under section 10-16-113.
(8) An individual may request an independent external review or an
expedited independent external review involving a denial of coverage of a recommended or requested medical service that is experimental or investigational if the individual's treating physician certifies in writing that the recommended or requested health-care service or treatment that is the subject of the denial would be significantly less effective if not promptly initiated. The individual's treating physician must certify in writing that at least one of the following situations applies:
(a) Standard health-care services or treatments have not been effective in
improving the condition of the individual or are not medically appropriate for the individual; or
(b) There is no available standard health-care service or treatment covered
by the carrier that is more beneficial than the recommended or requested health-care service, and the physician is a licensed, board-certified or board-eligible physician qualified to practice in the area of medicine appropriate to treat the individual's condition. The physician must certify that scientifically valid studies using accepted protocols demonstrate that the health-care service or treatment requested by the individual that is the subject of the denial is likely to be more beneficial to the individual than any available standard health-care services or treatments.
(8.5) An individual requesting an independent external review may request
the review or an expedited review to determine if section 10-16-704 (3) or (5.5) applies to the items or services that were provided or may be provided to a covered person by an out-of-network provider or at an out-of-network facility.
(9) After receipt of a written request for an independent external review, the
carrier shall notify the individual requesting an independent external review in writing. The notification must include descriptive information on the independent external review entity that the division or its contractor has selected to conduct the independent external review.
(10) (a) The carrier shall provide to the independent external review entity a
copy of the following documents after the division or its contractor has selected an independent external review entity for the case:
(I) Any information submitted to the carrier, under the carrier's procedures,
in support of the request for an independent external review, by an individual requesting the review or by the physician or other health-care professional of the individual seeking the review. The independent external review entity shall maintain the confidentiality of any medical records submitted pursuant to this subsection (10).
(II) A copy of any relevant documents used by the carrier in making its
adverse determination on the proposed service or treatment, and a copy of any denial letters issued by the carrier concerning the individual case under review. The carrier shall provide, upon request to the individual requesting an independent external review, all relevant information supplied to the independent external review entity that is not confidential or privileged under state or federal law concerning the individual case under review.
(III) The individual requesting an independent external review may submit
additional information directly to the independent external review entity within five business days after the notification under subsection (9) of this section. The independent external review entity shall provide a copy of the information submitted by the individual to the carrier whose adverse determination is being reviewed within one business day after receipt of the information.
(b) The independent external review entity shall notify the individual
requesting an independent external review, the physician or other health-care professional of the individual requesting an independent external review, and the carrier of any additional medical information required to conduct the review after receipt of the documentation required or provided pursuant to this subsection (10). The individual requesting an independent external review or the physician or other health-care professional of the individual requesting an independent external review shall submit the additional information, or an explanation of why the additional information is not being submitted, to the independent external review entity and the carrier after the receipt of such a request.
(c) The carrier may determine that additional information provided by the
individual requesting independent external review or the physician or other health-care professional of the individual requesting independent external review under subparagraph (III) of paragraph (a) and paragraph (b) of this subsection (10) justifies a reconsideration of its adverse determination, and a subsequent decision by the carrier to provide coverage terminates the independent external review upon notification in writing to the independent external review entity and the individual requesting an independent external review.
(11) (a) The independent external review entity shall submit the expert
determination to the carrier, the individual requesting independent external review, and the physician or other health-care professional of the individual requesting an independent external review within forty-five calendar days after the independent external review entity has received a request for external review. In the case of an expedited review, the independent external review entity shall submit the determinations as expeditiously as possible and no more than seventy-two hours after the independent external review entity received a request for an expedited external review. If the notice of the determination in an expedited review is not made in writing, the independent external review entity shall provide written confirmation of the decision within forty-eight hours after the date the notice of decision is transmitted to the individual, the physician, or other health-care professional.
(b) The expert reviewer's determination must:
(I) Be in writing and state the reasons the requested treatment or service
should or should not be covered;
(II) Specifically cite the relevant provisions in the health coverage plan
documentation, the specific medical condition of the individual requesting an independent external review, and the relevant documents provided pursuant to this section to support the expert reviewer's determination; and
(III) Be based on an objective review of relevant medical and scientific
evidence.
(c) Determinations must also include:
(I) The titles and qualifying credentials of the persons conducting the review;
(II) A statement of the understanding of the persons conducting the review
of the nature of the grievance and all pertinent facts;
(III) The rationale for the decision;
(IV) Reference to medical and scientific evidence and documentation
considered in making the determination; and
(V) In cases involving a determination adverse to the individual requesting an
independent external review, the instructions for requesting a written statement of the clinical rationale, including the clinical review criteria used to make the determination.
(12) The determinations of the expert reviewer are binding on the carrier and
on the individual requesting independent external review. A determination of the expert reviewer in favor of the individual requesting independent external review creates a rebuttable presumption in any subsequent action that the carrier's adverse determination was not appropriate. A determination of the expert reviewer in favor of the carrier creates a rebuttable presumption in any subsequent action that the carrier's adverse determination was appropriate.
(13) Where an expert determination is made in favor of the individual
requesting an independent external review, the carrier shall provide coverage for the treatment and services required under this section subject to the terms and conditions applicable to benefits under the health coverage plan.
(14) An independent external review entity and an expert reviewer assigned
by the independent external review entity to conduct a review pursuant to this section are immune from civil liability in any action brought by any person based upon the determinations made pursuant to this section. This subsection (14) does not apply to an act or omission of the independent external review entity that is made in bad faith or involves gross negligence.
(15) A carrier is not liable for damages arising from any act or omission of the
independent external review entity.
(16) A carrier may require a surety bond to indemnify the carrier for the
independent external review entity's noncompliance with this section.
(17) An independent external review entity shall maintain written records of
reviews on all requests for external review for which it was assigned to conduct an external review for at least three years.
Source: L. 99: Entire section added, p. 1048, � 2, effective June 1, 2000. L.
2005: (2)(a)(I)(A) amended, p. 805, � 3, effective January 1, 2006. L. 2013: Entire section amended, (HB 13-1266), ch. 217, p. 961, � 20, effective May 13. L. 2016: (2)(f) amended, (SB 16-189), ch. 210, p. 756, � 15, effective June 6. L. 2022: (8.5) added, (HB 22-1284), ch. 446, p. 3133, � 1, effective August 10. L. 2023: (2)(a)(III) and (2)(a)(IV) amended and (2)(a)(V) added, (HB 23-1225), ch. 162, p. 709, � 10, effective August 7.
C.R.S. § 10-16-1204
10-16-1204. Health insurance affordability enterprise - creation - powers and duties - assess and allocate health insurance affordability fee and special assessment. (1) (a) There is hereby created in the division the Colorado health insurance affordability enterprise. The enterprise is and operates as a government-owned business within the division for the purpose of assessing and collecting the health insurance affordability fee from carriers that offer health benefit plans in the state and a special assessment on hospitals in the state and using and allocating the fee and assessment for the purposes specified in this part 12 in order to:
(I) Provide the following business services to carriers that pay the fee:
(A) Outreach and related work to increase enrollment in health benefit plans
offered by carriers across the state;
(B) Increasing the number of individuals who purchase health benefit plans
in the individual market by providing financial support to individuals to purchase private health insurance coverage;
(C) Funding the reinsurance program that offsets the costs carriers would
otherwise pay for covering consumers with high medical costs;
(D) Improving the stability of the market throughout the state by providing
consistent private health care coverage and reducing the movement of individuals from insured to uninsured status;
(E) Reducing provider cost shifting from the individual market and the
uninsured to the group market; and
(F) Creating a healthier risk pool for all carriers by establishing a path for
consistent coverage for individuals; and
(II) Provide the following business services to hospitals:
(A) Reducing the amount of uncompensated care provided by hospitals;
(B) Reducing the need of providers to shift costs of providing
uncompensated care to other payers; and
(C) Expanding access to high-quality, affordable health care for low-income
and uninsured Coloradans.
(b) (I) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this section, the enterprise is not a district for purposes of section 20 of article X of the state constitution.
(II) The enterprise is hereby authorized to issue revenue bonds for the
expenses of the enterprise, secured by revenues of the enterprise.
(2) The enterprise's primary powers and duties are:
(a) To assess and collect the fee specified in section 10-16-1205 (1)(a)(I);
(b) To assess and collect the special assessment on hospitals specified in
section 10-16-1205 (1)(a)(II);
(c) To allocate money in the fund in accordance with section 10-16-1205 (2);
(d) To issue revenue bonds payable from the revenues of the enterprise;
(e) (I) To engage the services of third parties serving as contractors and
consultants, including the division, for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the Procurement Code, articles 101 to 112 of title 24. The enterprise shall encourage diversity in applications for contracts and shall generally avoid using single-source bids.
(II) The division shall provide office space and administrative staff to the
enterprise pursuant to a contract entered into under this subsection (2)(e).
(f) To engage in outreach and related efforts to increase enrollment in health
benefit plans across the state; and
(g) To adopt and amend or repeal policies for the regulation of its affairs and
the conduct of its business consistent with this part 12.
(3) The enterprise shall exercise its powers and perform its duties as if the
same were transferred to the division by a type 2 transfer, as defined in section 24-1-105.
Source: L. 2020: Entire part added, (SB 20-215), ch. 201, p. 989, � 1, effective
June 30.
C.R.S. § 10-16-122
10-16-122. Access to prescription drugs. (1) Except as provided in section 25.5-5-406.1 (1)(s), any pharmacy benefit management firm or intermediary whose contract with a carrier includes an open network shall allow participation by each pharmacy provider in the contract service area. If a pharmacy benefit management firm or intermediary offers an open network, the pharmacy benefit management firm or intermediary may offer such network on a regional or local basis.
(2) For purposes of this section, open network means any pharmacy
network created by a pharmacy benefit management firm or intermediary through a contracting process with pharmacy providers that does not include competitive bidding and allows participation by any pharmacy provider that agrees to the terms and conditions of the contract offered by the pharmacy benefit management firm or intermediary.
(3) A pharmacy benefit management firm or intermediary shall not be
prohibited from contracting with exclusive pharmacy networks if, sixty days before the termination or effective date of an exclusive pharmacy network contract between the pharmacy providers and the pharmacy benefit management firm or intermediary, notice of such termination or of the effective date of an exclusive pharmacy network contract is published in one or more newspapers of general circulation in the affected contract service area. Notice shall include information about where in Colorado a copy of the pharmacy provider selection criteria may be obtained.
(4) (a) No pharmacy benefit manager or carrier offering a managed care plan
shall transfer or request that a pharmacy provider transfer the prescription or prescriptions of a covered person or subscriber, wholly or in part, to a different participating pharmacy provider than the provider selected by the covered person or subscriber unless one or more of the following conditions have been met:
(I) The participating pharmacy provider to whom the covered person or
subscriber's prescription is to be transferred or the carrier or pharmacy benefit manager has obtained a document, signed by the covered person or subscriber, that contains a clear, conspicuous, and unequivocal request by the covered person or subscriber for a change of provider;
(II) The participating pharmacy provider carrier or pharmacy benefit manager
to whom the covered person or subscriber's prescription is to be transferred has obtained the covered person or subscriber's oral authorization for the transfer and is able to furnish proof of such authorization through verification by an independent third party or an electronic record; or
(III) The pharmacy provider's participation in the pharmacy network of the
carrier or pharmacy benefit manager has changed and the pharmacy provider selected by the covered person or subscriber is no longer a participating provider in the network, provided that the covered person or subscriber has been notified of the proposed transfer of pharmaceutical care services and is given an opportunity to affirmatively select a participating pharmacy provider other than the proposed transferee.
(b) Nothing in this subsection (4) shall require a carrier offering a managed
care plan or a pharmacy benefit manager to pay for pharmaceutical benefits received from a nonparticipating provider.
Source: L. 98: Entire section added, p. 1188, � 1, effective August 5. L. 2001:
(4) added, p. 1230, � 2, effective January 1, 2002. L. 2006: (1) amended, p. 1999, � 35, effective July 1. L. 2013: (1) amended, (HB 13-1266), ch. 217, p. 988, � 48, effective May 13. L. 2018: (1) amended, (HB 18-1431), ch. 313, p. 1891, � 8, effective August 8.
C.R.S. § 10-16-124.5
10-16-124.5. Prior authorization form - drug benefits - program - chronic maintenance drugs - rules of commissioner - definitions - repeal. (1) (a) Notwithstanding any other provision of law but subject to paragraph (b) of this subsection (1), on and after January 1, 2015, a carrier or, if a carrier contracts with a pharmacy benefit management firm to perform prior authorization services for drug benefits, the pharmacy benefit management firm, shall utilize the prior authorization process developed pursuant to subsection (3) of this section when requiring prior authorization for drug benefits.
(b) This section does not apply to a nonprofit health maintenance
organization with respect to managed care plans that provide a majority of covered professional services through a single contracted medical group.
(2) (a) Except as provided in subsection (2)(b) or (2)(c) of this section, a prior
authorization request is deemed granted if a carrier or pharmacy benefit management firm fails to:
(I) Utilize the prior authorization process developed pursuant to subsection
(3) of this section;
(II) For prior authorization requests submitted electronically:
(A) [Editor's note: For the applicability of this subsection (2)(a)(II)(A) on or
after January 1, 2026, see the editor's note following this section.] Notify the prescribing provider, within two business days after receipt of the request, that the request is approved, denied, or incomplete and, if incomplete, indicate the specific additional information, consistent with criteria posted pursuant to subsection (3.5)(a) of this section, that is required to process the request; or
(B) Notify the prescribing provider, within two business days after receiving
the additional information required by the carrier or pharmacy benefit management firm pursuant to sub-subparagraph (A) of this subparagraph (II), that the request is approved or denied;
(III) For nonurgent prior authorization requests submitted orally or by
facsimile or electronic mail, notify the prescribing provider, within three business days after receipt of the request, that the request is approved or denied; and
(IV) For urgent prior authorization requests submitted orally or by facsimile
or electronic mail, notify the prescribing provider, within one day after receipt of the request, that the request is approved or denied.
(b) If a carrier or pharmacy benefit management firm notifies the prescribing
provider pursuant to sub-subparagraph (A) of subparagraph (II) of paragraph (a) of this subsection (2) that a prior authorization request is incomplete and that additional information is required, the prescribing provider shall submit the additional information within two business days after receipt of the notice from the carrier or pharmacy benefit management firm. If the prescribing provider fails to submit the required additional information within two business days after receipt of the notice, the request is not deemed granted pursuant to paragraph (a) of this subsection (2). After receipt of the required additional information, the carrier or pharmacy benefit management firm shall respond to the prior authorization request in accordance with sub-subparagraph (B) of subparagraph (II) of paragraph (a) of this subsection (2).
(c) For nonurgent prior authorization requests related to a covered person's
HIV prescription drug coverage, the prior authorization request is deemed granted if a carrier or pharmacy benefit management firm fails to:
(I) Utilize the prior authorization process developed pursuant to subsection
(3) of this section;
(II) For prior authorization requests submitted electronically:
(A) [Editor's note: For the applicability of this subsection (2)(c)(II)(A) on or
after January 1, 2026, see the editor's note following this section.] Notify the prescribing provider, within one business day after receipt of the request, that the request is approved, denied, or incomplete and, if incomplete, indicate the specific additional information, consistent with criteria posted pursuant to subsection (3.5)(a) of this section, that is required to process the request; or
(B) Notify the prescribing provider within one business day after receiving
the additional information required by the carrier or pharmacy benefit management firm pursuant to subsection (2)(a)(II)(A) of this section that the request is approved or denied; and
(III) For nonurgent and urgent prior authorization requests submitted orally,
by facsimile, or by electronic mail, notify the prescribing provider within one day after receipt of the request that the request is approved or denied.
(c.5) This subsection (2)(c.5) and subsection (2)(c) of this section are
repealed, effective July 1, 2027.
(3) (a) [Editor's note: For the applicability of this introductory portion to
subsection (3)(a) on or after January 1, 2026, see the editor's note following this section.] The commissioner shall develop, by rule, a uniform prior authorization process that:
(I) [Editor's note: For the applicability of this subsection (3)(a)(I) on or after
January 1, 2026, see the editor's note following this section.] Is made available electronically by the carrier or pharmacy benefit management firm, does not require the prescribing provider to submit a prior authorization request electronically, and satisfies the requirements of subsection (3.3) of this section;
(II) Repealed.
(III) Ensures that carriers and pharmacy benefit management firms use
evidence-based guidelines, when possible, when making prior authorization determinations;
(IV) Permits, but does not require, a prescribing provider to submit a request
for a prior authorization for drug benefits electronically to the carrier or pharmacy benefit management firm;
(V) Requires carriers and pharmacy benefit management firms, when
notifying the prescribing provider of its decision to approve a prior authorization request, to include in the notice a unique prior authorization number attributable to the particular request, specification of the particular drug benefit approved, the next date for review of the approved drug benefit, and a link to the current criteria that the prescribing provider will need to submit for reapproval of the prior authorization; and
(VI) [Editor's note: For the applicability of this subsection (3)(a)(VI) on or
after January 1, 2026, see the editor's note following this section.] Requires carriers and pharmacy benefit management firms, when notifying a prescribing provider of its decision to deny a prior authorization request, to include the information required by section 10-16-112.5 (3)(c)(II) and a notice that the covered person has a right to appeal the adverse determination pursuant to sections 10-16-113 and 10-16-113.5.
(b) [Editor's note: For the applicability of this introductory portion to
subsection (3)(b) on or after January 1, 2026, see the editor's note following this section.] In developing the uniform prior authorization process, the commissioner shall take into consideration the following:
(I) National standards pertaining to electronic prior authorization, including,
but not limited to, standards referenced in federal law;
(II) Whether the prior authorization process should require carriers and
pharmacy benefit management firms, when reviewing a prior authorization request, to use clearly accessible, consistently applied, and written clinical criteria based on medical necessity or the appropriateness of the drug benefit for the covered person;
(III) Whether the prior authorization process should require carriers to take
into account, in determining criteria for prior authorizations, the Colorado part B medicare contractor local coverage determinations, the federal centers for medicare and medicaid services national coverage determinations, and specialty society guidelines, such as those of the American Society of Clinical Oncology; and
(IV) Whether carriers and pharmacy benefit management firms could use a
rules engine with criteria-driven questions that lead to an immediate determination of a prior authorization request or request for submittal of specific additional information needed to make the determination.
(c) In addition to the prior authorization process, the commissioner shall
develop, by rule, a standardized prior authorization form, not to exceed two pages in length, for use in submitting electronic and nonelectronic prior authorization requests. In developing the form, the commissioner shall take into consideration existing forms, including existing prior authorization forms established by the federal centers for medicare and medicaid services or the department of health care policy and financing.
(3.3) [Editor's note: For the applicability of this subsection (3.3) on or after
January 1, 2026, see the editor's note following this section.] Starting January 1, 2027, if a provider submits a prior authorization request to a carrier or PBM through a secure electronic transmission system the carrier or PBM uses that complies with the most recent version of the National Council for Prescription Drug Programs SCRIPT standard, or its successor standard, and 21 CFR 1311, the carrier or PBM shall accept and respond to the request through the secure electronic transmission system.
(3.5) [Editor's note: For the applicability of this subsection (3.5) on or after
January 1, 2026, see the editor's note following this section.]
(a) On and after January 1, 2026, a carrier shall post on the carrier's public-facing website, in a readily accessible, standardized, searchable format, prior authorization requirements as applicable to the prescription drug formulary for each health benefit plan the carrier offers, including the following information:
(I) The carrier's prior authorization requirements and restrictions, including a
list of drugs that require prior authorization;
(II) Written clinical criteria that are easily understandable to the prescribing
provider and that include the clinical criteria for reauthorization of a previously approved drug after the prior authorization period has expired;
(III) The standard form for submitting prior authorization requests;
(IV) The health benefit plan to which the formulary applies;
(V) Each prescription drug that is covered under the health benefit plan,
including both generic and brand-name versions of a prescription drug;
(VI) Any prescription drugs on the formulary that are preferred over other
prescription drugs or any alternative prescription drugs that do not require prior authorization;
(VII) Any exclusions from or restrictions on coverage, including:
(A) Any tiering structure, including copayment and coinsurance
requirements;
(B) Prior authorization, step therapy, and other utilization management
controls;
(C) Quantity limits; and
(D) Whether access is dependent upon the location where a prescription
drug is obtained or administered; and
(VIII) The appeal process for a denial of coverage or adverse determination
for an item or service for a prescription drug.
(b) The commissioner shall adopt rules as necessary to implement this
subsection (3.5).
(4) Repealed.
(5) [Editor's note: For the applicability of this subsection (5) on or after
January 1, 2026, see the editor's note following this section.]
(a) Notwithstanding any other provision of law, and except as provided in subsections (5)(b) and (5.5) of this section, every prescribing provider shall use the prior authorization process developed pursuant to subsection (3) of this section to request prior authorization for coverage of drug benefits, and every carrier and pharmacy benefit management firm shall use that process for prior authorization for drug benefits.
(b) (I) A carrier or PBM that provides drug benefits under a health benefit
plan shall not impose prior authorization requirements under the health benefit plan more than once every three years for a drug that is approved by the FDA and that is a chronic maintenance drug if the carrier or PBM has previously approved a prior authorization for the covered person for use of the chronic maintenance drug.
(II) This subsection (5)(b) does not apply if:
(A) There is evidence that the authorization was obtained from the carrier or
PBM based on fraud or misrepresentation;
(B) Final action by the FDA or other regulatory agencies, or the
manufacturer, removes the chronic maintenance drug from the market, limits its use in a manner that affects the authorization, or communicates a patient safety issue that would affect the authorization alone or in combination with other authorizations;
(C) A generic equivalent or drug that is biosimilar, as defined in 42 U.S.C. sec.
262 (i)(2), to the prescribed chronic maintenance drug is added to the carrier's or PBM's drug formulary; or
(D) The wholesale acquisition cost of the chronic maintenance drug exceeds
a dollar amount as established by the commissioner by rule, which amount must be no less than thirty thousand dollars for a twelve-month supply or for a course of treatment that is less than twelve months in duration.
(III) Nothing in this subsection (5)(b) requires a carrier or PBM to pay for a
benefit:
(A) That is not a covered benefit under the health benefit plan; or
(B) If the patient is no longer a covered person under the health benefit plan
on the date the chronic maintenance drug was prescribed, dispensed, administered, or delivered.
(IV) As used in this subsection (5)(b), chronic maintenance drug has the
meaning set forth in section 12-280-103 (9.5).
(5.5) [Editor's note: For the applicability of this subsection (5.5) on or after
January 1, 2026, see the editor's note following this section.]
(a) No later than January 1, 2026, a carrier or PBM shall adopt a program, developed in consultation with providers participating with the carrier, to eliminate or substantially modify prior authorization requirements in a manner that removes the administrative burden for qualified providers, as defined under the program, and their patients for certain prescription drugs and related drug benefits based on any of the following:
(I) The performance of providers with respect to adherence to nationally
recognized, evidence-based medical guidelines, appropriateness, efficiency, and other quality criteria; and
(II) Provider specialty, experience, or other objective factors; except that
eligibility for the program must not be limited by provider specialty.
(b) A program developed pursuant to subsection (5.5)(a) of this section:
(I) Must not require qualified providers to request participation in the
program; and
(II) May include limiting the use of prior authorization to providers whose
prescribing or ordering patterns differ significantly from the patterns of their peers after adjusting for patient mix and other relevant factors and in order to present those providers with opportunities for improvement in adherence to the carrier's or organization's prior authorization requirements.
(c) At least annually, a carrier or PBM shall:
(I) Reexamine a provider's prescribing or ordering patterns;
(II) Reevaluate the provider's status for exemption from prior authorization
requirements or for inclusion in the program developed pursuant to subsection (5.5)(a) of this section; and
(III) Notify the provider of the provider's status for exemption or inclusion in
the program.
(d) A program developed pursuant to subsection (5.5)(a) of this section must
include procedures for a provider to request:
(I) An expedited, informal resolution of a carrier's or PBM's failure or refusal
to include the provider in the program; and
(II) If the matter is not resolved through informal resolution, binding
arbitration as specified in subsection (5.5)(e) of this section.
(e) If a provider requests binding arbitration pursuant to the procedures a
carrier or a PBM develops under subsection (5.5)(d)(II) of this section, the following provisions govern the arbitration procedure:
(I) The provider and carrier or PBM shall jointly select an arbitrator from the
list of arbitrators approved pursuant to section 10-16-704 (15)(b). Neither the provider nor the carrier or PBM is required to notify the division of the arbitration or of the selected arbitrator.
(II) The selected arbitrator shall determine the provider's eligibility to
participate in the carrier's or PBM's program based on the program criteria developed pursuant to subsection (5.5)(a) of this section;
(III) Within thirty days after the date the arbitrator accepts the matter, the
provider and the carrier or PBM shall submit to the arbitrator written materials in support of their respective positions;
(IV) The arbitrator may render a decision based on the written materials
submitted pursuant to subsection (5.5)(e)(III) of this section or may schedule a hearing, lasting not longer than one day, for the provider and carrier or PBM to present evidence;
(V) Within thirty days after the date the arbitrator receives the written
materials or, if a hearing is conducted, the date of the hearing, the arbitrator shall issue a written decision stating whether the provider is eligible for the program; and
(VI) If the arbitrator overturns the carrier's or PBM's failure or refusal to
include the provider in the program, the carrier or PBM shall pay the arbitrator's fees and costs, and if the arbitrator affirms the carrier's or PBM's failure or refusal to include the provider in the program, the provider shall pay the arbitrator's fees and costs.
(6) [Editor's note: For the applicability of this subsection (6) on or after
January 1, 2026, see the editor's note following this section.] Upon approval by the carrier or pharmacy benefit management firm, a prior authorization is valid for at least one calendar year after the date of approval. If, as a result of a change to the carrier's formulary, the drug for which the carrier or pharmacy benefit management firm has provided prior authorization is removed from the formulary or moved to a less preferred tier status, the change in the status of the previously approved drug does not affect a covered person who received prior authorization before the effective date of the change for the remainder of the covered person's plan year. Nothing in this subsection (6) limits the ability of a carrier or pharmacy benefit management firm, in accordance with the terms of the health benefit plan, to substitute a generic drug, with the prescribing provider's approval and patient's consent, for a previously approved brand-name drug.
(6.2) Consistent with available evidence-based guidelines, a prescribing
provider may adjust the dose or frequency of a prescription drug to meet the specific medical needs of a covered person without prior authorization or subsequent utilization management, as defined in section 10-16-1002 (10), related to the dose or frequency adjustment if:
(a) The prescription drug is a chronic maintenance drug, as defined in section
12-280-103 (9.5), that has previously been approved for coverage by the carrier or PBM for the covered person's chronic or debilitating disease and the prescribing provider continues to prescribe the drug for the same chronic or debilitating disease;
(b) The prescription drug is not an opioid or a scheduled controlled
substance; and
(c) The dose or frequency has not been adjusted more than two times
without prior authorization.
(6.5) [Editor's note: For the applicability of this subsection (6.5) on or after
January 1, 2026, see the editor's note following this section.] The commissioner may enforce the requirements of this section and impose a penalty or other remedy against a person that violates this section.
(7) For purposes of this section, a prior authorization request is submitted
electronically if the prescribing provider submits the request to the carrier or pharmacy benefit management firm through a secure, web-based internet portal. A prior authorization request submitted by electronic mail is not submitted electronically.
(8) As used in this section:
(a) Prescribing provider means a provider who is:
(I) Authorized by law to prescribe any drug or device to treat a medical
condition of a covered person; and
(II) Acting within the scope of that authority.
(b) Urgent prior authorization request means a request for prior
authorization of a drug benefit that, based on the reasonable opinion of the prescribing provider with knowledge of the covered person's medical condition, if determined in the time allowed for nonurgent prior authorization requests, could:
(I) Seriously jeopardize the life or health of the covered person or the ability
of the covered person to regain maximum function; or
(II) Subject the covered person to severe pain that cannot be adequately
managed without the drug benefit that is the subject of the prior authorization request.
Source: L. 2013: Entire section added, (SB 13-277), ch. 229, p. 1093, � 2,
effective May 15. L. 2018: (8)(b) amended, (HB 18-1007), ch. 225, p. 1432, � 3, effective January 1, 2019. L. 2019: (8)(b) amended, (HB 19-1269), ch. 195, p. 2129, � 7, effective May 16. L. 2023: IP(2)(a) amended and (2)(c) and (2)(c.5) added, (SB 23-189), ch. 69, p. 262, � 12, effective April 14. L. 2024: (2)(a)(II)(A), (2)(c)(II)(A), IP(3)(a), (3)(a)(I), (3)(a)(VI), IP(3)(b), (5), and (6) amended, (3)(a)(II) and (4) repealed, and (3.3), (3.5), (5.5), and (6.5) added, (HB 24-1149), ch. 333, p. 2262, � 3, effective August 7. L. 2025: (6.2) added, (SB 25-301), ch. 288, p. 1484, � 1, effective August 6.
Editor's note: Section 5(2) of chapter 333 (HB 24-1149), Session Laws of
Colorado 2024, provides that the act changing this section applies to conduct occurring on or after January 1, 2026.
Cross references: (1) For the legislative declaration in the 2013 act adding
this section, see section 1 of chapter 229, Session Laws of Colorado 2013. For the legislative declaration in HB 24-1149, see section 1 of chapter 333, Session Laws of Colorado 2024.
(2) For the short title (Behavioral Health Care Coverage Modernization Act)
in HB 19-1269, see section 1 of chapter 195, Session Laws of Colorado 2019.
C.R.S. § 10-16-1310
10-16-1310. Reports required - repeal. (1) (a) The commissioner shall contract with an independent third-party organization to prepare three separate reports as specified in subsection (1)(d) of this section, to the extent that information is available regarding the implementation of this part 13 as it relates to the staffing, wages, benefits, training, and working conditions of hospital workers.
(b) In choosing an independent third-party contractor, the commissioner
shall consider organizations with experience conducting in-person interviews with health-care employers and employees in Colorado.
(c) The independent third-party contractor may make policy
recommendations related to information in the reports and may include data collected from employers, employees, and other third-party sources.
(d) The independent third-party contractor shall deliver the reports to the
commissioner as follows:
(I) The first report by July 1, 2023;
(II) The second report by July 1, 2024; and
(III) The third report by July 1, 2025.
(2) The commissioner shall monitor whether there are an adequate number
of health-care providers in the carriers' standardized plan network and the percentage of premiums attributable to health-care providers in the network. As part of the rate and form filing required pursuant to section 10-16-107, each carrier shall provide to the commissioner information on whether there are an adequate number of health-care providers in the carrier's standardized plan network and the reduction in premiums as a result of health-care provider participation in the network.
(3) (a) The commissioner shall contract with an independent third-party
organization to evaluate how to phase in, to the extent practicable, to a hospital's reimbursement rate methodology described in section 10-16-1306:
(I) A quality metric adjustment; and
(II) An acuity adjustment as measured by a hospital's case-mix index.
(b) The evaluation must be completed by December 31, 2022.
(4) This section is repealed, effective July 1, 2026.
Source: L. 2021: Entire part added, (HB 21-1232), ch. 241, p. 1291, � 1, effective
June 16.
C.R.S. § 10-16-1401
10-16-1401. Definitions. As used in this part 14, unless the context otherwise requires:
(1) Advisory council means the Colorado prescription drug affordability
advisory council created in section 10-16-1409.
(2) Affordability review means an affordability review of a prescription
drug performed by the board pursuant to section 10-16-1406.
(3) All-payer health claims database means the all-payer health claims
database described in section 25.5-1-204.
(4) Authorized generic drug has the meaning set forth in 42 CFR 447.502.
(5) Biological product has the meaning set forth in 42 U.S.C. sec. 262 (i)(1).
(6) Biosimilar drug means a prescription drug that is produced or
distributed in accordance with a biological product license issued pursuant to 42 U.S.C. sec. 262 (k)(3).
(7) Board means the Colorado prescription drug affordability review board
created in section 10-16-1402.
(7.5) Board activity means:
(a) Selecting prescription drugs for an affordability review pursuant to
section 10-16-1406 (2);
(b) Determining whether a prescription drug is unaffordable pursuant to
section 10-16-1406 (3);
(c) Selecting prescription drugs for which the board establishes an upper
payment limit pursuant to section 10-16-1407; and
(d) Establishing an upper payment limit for a prescription drug pursuant to
section 10-16-1407.
(8) Brand-name drug means a prescription drug that is produced or
distributed in accordance with an original new drug application approved pursuant to 21 U.S.C. sec. 355. Brand-name drug does not include an authorized generic drug.
(9) Carrier has the meaning set forth in section 10-16-102 (8).
(10) Conflict of interest means an association, including a financial or
personal association, that has the potential to bias or appear to bias an individual's decisions in matters related to the board or the advisory council or the conduct of the activities of the board or the advisory council. Conflict of interest includes any instance in which a board member; an advisory council member; a staff member; a contractor of the division, on behalf of the board; or an immediate family member of a board member, an advisory council member, a staff member, or a contractor of the division, on behalf of the board, has received or could receive:
(a) A financial benefit of any amount derived from the results or findings of a
study or determination that is reached by or for the board; or
(b) A financial benefit from an individual or company that owns or
manufactures a prescription drug, service, or item that is being or will be studied by the board.
(11) Financial benefit means honoraria, fees, stock, or any other form of
compensation, including increases to the value of existing stock holdings.
(12) Generic drug means:
(a) A prescription drug that is marketed or distributed in accordance with an
abbreviated new drug application approved pursuant to 21 U.S.C. sec. 355 (j);
(b) An authorized generic drug; or
(c) A prescription drug that was introduced for retail sale before 1962 that
was not originally marketed under a new drug application.
(13) Health benefit plan has the meaning set forth in section 10-16-102 (32).
(14) Inflation means the annual percentage change in the United States
department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.
(15) (a) [Editor's note: This version of the introductory portion to subsection
(15)(a) is effective until January 1, 2026.] Large employer means any person, firm, corporation, partnership, or association that:
(15) (a) [Editor's note: This version of the introductory portion to subsection
(15)(a) is effective January 1, 2026.] Large employer means any person that:
(I) Is actively engaged in business;
(II) [Editor's note: This version of subsection (15)(a)(II) is effective until
January 1, 2026.] Employed an average of more than one hundred eligible employees on business days during the immediately preceding calendar year, except as provided in subsection (15)(c) of this section; and
(II) [Editor's note: This version of subsection (15)(a)(II) is effective January 1,
2026.] Employed an average of more than fifty eligible employees on business days during the immediately preceding calendar year, except as provided in subsection (15)(c) of this section; and
(III) Was not formed primarily for the purpose of purchasing insurance.
(b) For purposes of determining whether an employer is a large employer,
the number of eligible employees is calculated using the method set forth in 26 U.S.C. sec. 4980H (c)(2)(E).
(c) In the case of an employer that was not in existence throughout the
preceding calendar quarter, the determination of whether the employer is a large employer is based on the average number of employees that the employer is reasonably expected to employ on business days in the current calendar year.
(16) Manufacturer means a person that:
(a) Engages in the manufacture of a prescription drug that is sold to
purchasers located in this state; or
(b) (I) Enters into a lease or other contractual agreement with a
manufacturer to market and distribute a prescription drug in this state under the person's own name; and
(II) Sets or changes the wholesale acquisition cost of the prescription drug in
this state.
(17) Optional participating plan means a self-funded health benefit plan
offered in Colorado that elects to subject its purchases of or payer reimbursements for prescription drugs for its members in Colorado to the requirements of this part 14, as described in section 10-16-1407 (8).
(18) Practitioner has the meaning set forth in section 12-280-103 (40).
(19) Prescription drug has the meaning set forth in section 12-280-103 (42);
except that the term includes only prescription drugs that are intended for human use.
(20) Pricing information means information about the price of a
prescription drug, including information that explains or helps explain how the price was determined.
(21) Small employer has the meaning set forth in section 10-16-102 (61).
(22) State entity means any agency of state government that purchases or
reimburses payers for prescription drugs on behalf of the state for a person whose heath care is paid for by the state, including any agent, vendor, contractor, or other party acting on behalf of the state.
(23) Upper payment limit means the maximum amount that may be paid or
billed for a prescription drug that is dispensed or distributed in Colorado in any financial transaction concerning the purchase of or reimbursement for the prescription drug.
(24) Wholesale acquisition cost has the meaning set forth in 42 U.S.C. sec.
1395w-3a (c)(6)(B).
(25) Wholesaler has the meaning set forth in section 12-280-103 (55).
Source: L. 2021: Entire part added, (SB 21-175), ch. 240, p. 1257, � 2, effective
June 16. L. 2023: (7.5) added, (HB 23-1225), ch. 162, p. 704, � 1, effective August 7. L. 2024: IP(15)(a) and (15)(a)(II) amended, (SB 24-073), ch. 146, p. 592, � 4, effective January 1, 2026.
Editor's note: Subsection (15) is repealed when the conditions under � 10-16-105.1 (3.5)(e)(II) have occured.
C.R.S. § 10-16-1402
10-16-1402. Colorado prescription drug affordability review board - created - membership - terms - conflicts of interest. (1) The Colorado prescription drug affordability review board is created in the division. The board is a type 1 entity, as defined in section 24-1-105. The board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance. The board is a body politic and corporate and is an instrumentality of the state. The board is an independent unit of state government, and the exercise by the board of its authority under this part 14 is an essential public function.
(2) (a) The board consists of five members, who must each have an advanced
degree and experience or expertise in health-care economics or clinical medicine.
(b) The governor shall appoint each board member, subject to confirmation
by the senate. All of the initial members of the board must be appointed by October 1, 2021.
(c) The term of office of each board member is three years; except that, as to
the terms of the members who are first appointed to the board, two such members shall serve three-year initial terms, two such members shall serve two-year initial terms, and one such member shall serve a one-year initial term, to be determined by the governor. The governor may remove any appointed member of the board for malfeasance in office, for failure to regularly attend meetings, or for any cause that renders the member incapable or unfit to discharge the duties of the member's office, and any such removal is not subject to review.
(d) The governor shall designate one member of the board to serve as the
chair. A majority of the board constitutes a quorum. The concurrence of a majority of the board in any matter within its powers and duties is required for any determination made by the board.
(3) (a) An individual who is being considered for appointment to the board
shall disclose any conflict of interest to the individual's potential appointing authority. When appointing a member of the board, an appointing authority shall consider any conflict of interest disclosed by the prospective member.
(b) A board member must not be an employee, board member, or consultant
of:
(I) A manufacturer or a trade association of manufacturers;
(II) A carrier or a trade association of carriers; or
(III) A pharmacy benefit manager or a trade association of pharmacy benefit
managers.
(c) (I) Board members shall recuse themselves from any board activity or
vote in any case in which they have a conflict of interest.
(II) Staff members and contractors of the division, on behalf of the board,
shall disclose any conflict of interest related to a prescription drug for which the board is conducting an affordability review or establishing an upper payment limit.
(III) Notwithstanding subsection (3)(d) of this section and the reporting
requirements set forth in section 10-16-1414 (1)(f), a conflict of interest disclosed by a staff member or by a contractor of the division, which disclosure pertains to a personal association, must remain confidential. The board, upon review of such a disclosure, may direct the staff member or contractor to recuse themselves based on the conflict of interest.
(d) On and after January 1, 2022, the division shall maintain a page on its
public website for the board to use for its purposes. The board shall disclose on the page each conflict of interest that is disclosed to the board pursuant to subsection (3)(c) of this section and section 10-16-1409 (5)(b).
(e) Board members, staff members, contractors of the division, on behalf of
the board, and immediate family members of board members, staff members, or contractors shall not accept a financial benefit or gifts, bequests, or donations of services or property that suggest a conflict of interest or have the appearance of creating bias in the work of the board.
(4) The attorney general shall assign an assistant attorney general to
provide legal counsel to the board. Any assistant attorney general assigned to the board pursuant to this subsection (4) shall disclose any conflict of interest to the board.
Source: L. 2021: Entire part added, (SB 21-175), ch. 240, p. 1260, � 2, effective
June 16. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3390, � 102, effective August 10. L. 2023: (3)(c) amended, (HB 23-1225), ch. 162, p. 705, � 2, effective August 7.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 10-16-1403
10-16-1403. Colorado prescription drug affordability review board - powers and duties - rules. (1) To protect Colorado consumers from excessive prescription drug costs, the board shall:
(a) Collect and evaluate information concerning the cost of prescription
drugs sold to Colorado consumers, as described in section 10-16-1405;
(b) Perform affordability reviews of prescription drugs, as described in
section 10-16-1406;
(c) Establish upper payment limits for prescription drugs, as described in
section 10-16-1407; and
(d) Make policy recommendations to the general assembly to improve the
affordability of prescription drugs for Colorado consumers, as described in section 10-16-1414 (1)(h).
(2) The board may establish ad hoc work groups to consider matters related
to the work of the board pursuant to this part 14. Ad hoc work groups may include members of the public.
(3) The division, on behalf of the board, may enter into a contract with a
qualified, independent third party for any service necessary to carry out the powers and duties of the board. A third party with which the division contracts pursuant to this subsection (3), including any of the third party's directors, officers, employees, contractors, or agents, shall not release or publish any information that the third party acquires pursuant to its performance under the contract. Any third party with which the division contracts pursuant to this subsection (3) shall disclose any conflict of interest to the board.
(4) In carrying out its duties pursuant to this part 14, the division, when
performing its duties on behalf of the board, is exempt from the state Procurement Code, articles 101 to 112 of title 24.
(5) The board shall promulgate rules as necessary, pursuant to article 4 of
title 24, for the implementation of this part 14.
(6) (a) The division, on behalf of the board, may seek, accept, and expend
gifts, grants, and donations from private or public sources for the purposes of this part 14, and any such gifts, grants, and donations are continuously appropriated to the department of regulatory agencies; except that the division shall not accept any gift, grant, or donation that creates a conflict of interest or the appearance of any conflict of interest for any board member.
(b) The general assembly finds that the implementation of this part 14 does
not rely entirely on the receipt of adequate funding through gifts, grants, or donations. Therefore, the board is not subject to the reporting requirements described in section 24-75-1303.
Source: L. 2021: Entire part added, (SB 21-175), ch. 240, p. 1261, � 2, effective
June 16.
C.R.S. § 10-16-1404
10-16-1404. Colorado prescription drug affordability review board meetings - required to be public - exceptions. (1) The board shall hold its first meeting within six weeks after all of the board members are appointed and shall meet at least every six weeks thereafter to review prescription drugs; except that the chair may cancel or postpone a meeting if the board has no prescription drugs to review or for good cause.
(2) The board is a state public body for purposes of section 24-6-402, and
the board's meetings and the meetings of ad hoc work groups of the board are public meetings.
(3) The board shall meet in executive session to discuss proprietary
information. The board and any board members, officers, directors, employees, contractors, and agents shall not disclose or otherwise make available to the public any materials or information containing trade-secret, confidential, or proprietary data that is not otherwise available to the public. Electronic recordings of such executive sessions are not permitted if they would result in the disclosure of any materials or information containing trade-secret, confidential, or proprietary data, and in no case shall minutes from such executive sessions disclose or include materials or information containing trade-secret, confidential, or proprietary data. The board shall not take any of the following actions while meeting in executive session:
(a) Deliberations concerning whether to subject a prescription drug to an
affordability review as described in section 10-16-1406;
(b) Votes concerning whether to establish an upper payment limit on a
prescription drug; or
(c) Any final decision of the board.
Source: L. 2021: Entire part added, (SB 21-175), ch. 240, p. 1262, � 2, effective
June 16. L. 2023: (1) amended, (HB 23-1225), ch. 162, p. 705, � 3, effective August 7.
C.R.S. § 10-16-1504
10-16-1504. Applicability - exclusions. (1) This part 15 applies to any third party that reimburses 340B covered entities or contract pharmacies in this state.
(2) Nothing in this part 15:
(a) Prohibits a third party from maintaining differential reimbursement rates
for participating and nonparticipating providers, so long as the rates are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy;
(b) Affects a third party's ability to establish coverage guidelines and
exclude specific drugs from its prescription drug formularies, so long as the guidelines and exclusions are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy or of a drug's status as a 340B drug; or
(c) Requires a third party to contract with a 340B covered entity or contract
pharmacy for purposes of participating in the third party's network, so long as the third party's contracting decisions are not determined on the basis of a provider's status as a 340B covered entity or contract pharmacy.
Source: L. 2022: Entire part added, (HB 22-1122), ch. 312, p. 2232, � 1,
effective August 10.
C.R.S. § 10-16-155
10-16-155. Actuarial reviews of proposed health-care legislation - division to contract with third parties - required considerations - confidentiality - limits on expenditures - rate filings - repeal. (1) On or before November 1, 2022, the division shall retain by contract one or more entities that have experience in actuarial reviews, health-care policy, and health equity, referred to in this section as the contractors, for the purpose of performing actuarial reviews of legislative proposals that may impose a new health benefit coverage mandate on health benefit plans or reduce or eliminate coverage mandated under health benefit plans, referred to in this section as legislative proposals. At least one of the contractors must be an actuary or an actuarial firm with experience in analyzing health insurance premiums. The contractors, under the direction of the division, shall conduct actuarial reviews of up to six legislative proposals, regardless of the number of legislative proposals that are requested for each regular legislative session by members of the general assembly.
(2) Before September 1, 2022, the division shall convene a meeting to obtain
input and recommendations from stakeholders, including representatives of the health-care industry, consumer advocates, and other interested individuals, concerning the methodology for conducting the analysis described in subsection (4) of this section.
(3) (a) A member of the general assembly who requests an actuarial review
of a legislative proposal shall submit the request to the division no later than September 1 of the year preceding the regular legislative session in which the legislative proposal will be proposed.
(b) For each regular legislative session:
(I) Up to two members of the majority party of the house of representatives
may submit a request for an actuarial review. If more than two requests are submitted, the division shall notify the majority leader of the house of representatives, who shall select the two proposals that the contractors review.
(II) One member of the minority party of the house of representatives may
submit up to one request for an actuarial review. If more than one request is submitted, the division shall notify the minority leader of the house of representatives, who shall select the proposal that the contractors review.
(III) Up to two members of the majority party of the senate may submit a
request for an actuarial review. If more than two requests are submitted, the division shall notify the majority leader of the senate, who shall select the two proposals that the contractors review.
(IV) One member of the minority party of the senate may submit up to one
request for an actuarial review. If more than one request is submitted, the division shall notify the minority leader of the senate, who shall select the proposal that the contractors review.
(c) On or before each September 15, the majority and minority leaders of the
house of representatives and the senate shall notify the division, as may be necessary as described in this subsection (3), of the legislative proposals subject to review under subsection (1) of this section.
(4) An actuarial review performed by the contractors pursuant to this section
must consider the predicted effects of the legislative proposal during the five and ten years immediately following the effective date of the legislative proposal, or during another time period following the effective date of the legislative proposal if such consideration is more actuarially feasible, including:
(a) An estimate of the number of Colorado residents who will be directly
affected by the legislative proposal;
(b) Estimates of changes in the rates of utilization of specific health-care
services that may result from the legislative proposal;
(c) Estimates concerning any changes in consumer cost sharing that would
result from the legislative proposal;
(d) Estimates of any increases or decreases in premiums charged to covered
persons or employers for health benefit plans offered in the individual, small group, and large group markets that would result from the legislative proposal;
(e) An estimate of the out-of-pocket health-care cost changes associated
with the legislative proposal;
(f) An estimate of the potential long-term health-care cost changes
associated with the legislative proposal;
(g) Identification of any potential health benefits for individuals or
communities that would result from the legislative proposal; and
(h) To the extent practicable, the social and economic impacts of the
legislative proposal.
(5) An actuarial review performed pursuant to this section must:
(a) Present the information described in subsection (4)(d) of this section in
terms of percentage increase or decrease and in terms of per-member, per-month charges;
(b) Present the information described in subsection (4)(e) of this section in
terms of dollar amounts;
(c) Provide, if available, information concerning who would benefit from any
cost changes and health benefits from the legislative proposal, as identified in subsections (4)(c), (4)(e), (4)(f), (4)(g), and (4)(h) of this section, and any disproportionate effects that the legislative proposal would have on Coloradans, which information, if available, must be disaggregated, at a minimum, by race, ethnicity, sex, gender, and age; and
(d) Include, to the extent practicable, a qualitative analysis of the impacts of
the legislative proposal. For the purposes of this subsection (5)(d), a member of the general assembly who requests an actuarial review of a legislative proposal pursuant to this section may designate one or more persons to provide data to the contractors in order to inform a qualitative analysis of the legislative proposal.
(6) In performing actuarial reviews of legislative proposals, the contractors
may utilize data from the all-payer health claims database described in section 25.5-1-204, data collected from carriers, or data from other sources. Carriers shall provide information to, and otherwise cooperate with, the contractors and the division for the purposes of this section.
(7) The commissioner is not required to comply with the state Procurement
Code, articles 101 to 112 of title 24, for the purposes of hiring contractors by November 1, 2022, as described in subsection (1) of this section, or for contracting for the collection of data, but the commissioner shall comply with the state Procurement Code when hiring contractors or contracting for the collection of data after November 1, 2022.
(8) A request for an actuarial review pursuant to this section and the final
report resulting from such a request shall be treated as confidential except by the member of the general assembly who made the request until the legislative proposal that is the subject of the actuarial review is introduced in the regular legislative session following the submission of the request for the actuarial review or, if no such legislative proposal is introduced, until after the end of the legislative session following the submission of the request.
(9) (a) Notwithstanding any other provision of this section to the contrary, the
division shall not engage any contractor to perform an actuarial review as described in this section unless the division determines that there are adequate resources available within existing appropriations to compensate the contractor for the actuarial review.
(b) After July 1, 2025, the division shall use resources allocated for actuarial
reviews of legislative proposals pursuant to this section for the review of rate filings filed with the commissioner pursuant to section 10-16-105.1 (3.5)(e).
(c) In the event that the division determines there are not adequate
resources available within existing appropriations to compensate the contractor for an actuarial review in accordance with subsection (9)(a) of this section, the division shall prioritize resources to ensure that an actuarial review of the rate filings submitted to the commissioner pursuant to section 10-16-105.1 (3.5)(e) occurs before December 31, 2025.
(10) The division may seek, accept, and expend gifts, grants, and donations
for the purposes of this section.
(11) This section is repealed, effective November 1, 2027.
Source: L. 2022: Entire section added, (SB 22-040), ch. 449, p. 3163, � 1,
effective August 10. L. 2024: (9) amended, (SB 24-073), ch. 146, p. 591, � 3, effective May 1.
C.R.S. § 10-16-157
10-16-157. Alternative payment model parameters - parameters to include an aligned quality measure set - primary care providers - requirement for carriers to submit alternative payment models to the division - legislative declaration - report - rules - definitions. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Fee-for-service health-care payment models have long been criticized for
incentivizing a higher volume of health-care services rather than a greater value, perpetuating health disparities by failing to meet the needs of patients with the highest barriers to care;
(b) Underinvestment in primary care has created barriers to access that have
deterred patients from seeking timely preventive care and made it more difficult for providers to expand team-based, comprehensive care models that improve health outcomes and reduce downstream costs;
(c) Numerous efforts have been made to move our health-care system from a
fee-for-service model to a value-based payment model, including comprehensive primary care plus, patient-centered medical homes, the state innovation model, the multi-payer collaborative, the health-care payment learning and action network, and the primary care payment reform collaborative;
(d) Value-based payment models also have not always recognized the unique
nature of pediatrics, which requires approaches that reflect specific needs in pediatric populations;
(e) Colorado is part of the center for medicare and medicaid innovation's
state transformation collaborative project, which creates an opportunity for alignment between medicare, medicaid, and commercial insurance plans;
(f) By establishing aligned parameters for primary care alternative payment
models, including quality metrics and prospective payments, it is the intent of the general assembly to:
(I) Improve health-care quality and outcomes in a manner that reduces
health disparities and actively advances health equity;
(II) Increase the number of Coloradans who receive the right care in the right
place at the right time at an affordable cost;
(III) Encourage more primary care practices to participate in alternative
payment models; provide consistent expectations; reduce administrative burdens; and help small, rural, and independent practices stay independent;
(IV) Support collaboration between physical and behavioral health-care
services and local public health agencies and human services departments to improve population health; and
(V) Facilitate practice transformation toward integrated, whole-person care,
so practices can coordinate care and address social determinants of health such as housing stability, social support, and food insecurity.
(2) As used in this section:
(a) Aligned quality measure set means any set of nationally recognized,
evidence-based quality measures developed for primary care provider contracts that incorporate quality measures into the payment terms.
(b) Alternative payment model means a health-care payment method that
uses financial incentives, including shared-risk payments, population-based payments, and other payment mechanisms, to reward providers for delivering high-quality and high-value care.
(c) Primary care or primary care services means the provision of
integrated, equitable, and accessible health-care services by clinicians who are accountable for addressing a large majority of personal health-care needs, developing a sustained partnership with patients, and practicing in the context of family and community.
(d) Primary care payment reform collaborative means the primary care
payment reform collaborative convened pursuant to section 10-16-150.
(e) Primary care provider or provider means the following providers, when
the provider is practicing general primary care in an outpatient setting:
(I) Family medicine physicians;
(II) General pediatric physicians and adolescent medicine physicians;
(III) Geriatric medicine physicians;
(IV) Internal medicine physicians, excluding internists who specialize in areas
such as cardiology, oncology, and other common internal medicine specialties beyond the scope of general primary care;
(V) Obstetrics and gynecology physicians;
(VI) Advanced practice registered nurses and physician assistants;
(VII) Behavioral health providers, including psychiatrists, providing mental
health and substance use disorder services when integrated into a primary care setting; and
(VIII) Other provider types specified by the commissioner by rule.
(f) Prospective payment means a payment made in advance of services
that is determined using a methodology intended to facilitate care delivery transformation by paying providers according to a formula based on an attributed patient population to provide predictable revenue and flexibility to manage care within a budget to optimize patient outcomes and better manage population health.
(g) Risk adjustment means an adjustment to the payment for primary care
services that is determined by quantifying a patient's complexity based on observable data, addressing the time and effort primary care providers spend in caring for patients of different anticipated health needs, and including social factors such as housing instability, behavioral health issues, disability, and neighborhood-level stressors.
(3) (a) (I) The division shall develop alternative payment model parameters by
rule for primary care services offered through health benefit plans.
(II) The division shall develop the primary care alternative payment model
parameters in partnership with the department of health care policy and financing, the department of personnel, the department of public health and environment, the primary care payment reform collaborative, and carriers and providers participating in alternative payment models in order to optimize and create positive incentives for alignment between health benefit plans offered by carriers and public payers and achieve the following objectives:
(A) Increased access to high-quality primary care services;
(B) Improved health outcomes and reduced health disparities;
(C) Improved patient and family engagement and satisfaction;
(D) Increased provider satisfaction and retention; and
(E) Increased primary care investment that results in increased health-care
value.
(III) At a minimum, the alternative payment model parameters must:
(A) Include transparent risk adjustment parameters that ensure that primary
care providers are not penalized for or disincentivized from accepting vulnerable, high-risk patients and are rewarded for caring for patients with more severe or complex health conditions and patients who have inadequate access to affordable housing, healthy food, or other social determinants of health;
(B) Utilize patient attribution methodologies that are transparent and
reattribute patients on a regular basis, which must ensure that population-based payments are made to a patient's primary care provider rather than other providers who may only offer sporadic primary care services to the patient and include a process for correcting misattribution that minimizes the administrative burden on providers and patients;
(C) Include a set of core competencies around whole-person care delivery
that primary care providers should incorporate in practice transformation efforts to take full advantage of various types of alternative payment models; and
(D) Require an aligned quality measure set that considers the quality
measures and the types of quality reporting that carriers and providers are engaging in under current state and federal law and includes quality measures that are patient-centered and patient-informed and address: Pediatric, perinatal, and other critical populations; the prevention, treatment, and management of chronic diseases; and the screening for and treatment of behavioral health conditions.
(IV) The division shall annually consider the recommendations on the
alternative payment model parameters and positive carrier incentive arrangements provided by the primary care payment reform collaborative and by carriers and providers participating in alternative payment models but not participating in the primary care payment reform collaborative.
(V) The alternative payment models must also:
(A) Ensure that any risk or shared savings arrangements minimize significant
financial risk for providers when patient costs exceed what can be predicted;
(B) Incentivize the integration of behavioral health-care services through
local partnerships or the hiring of in-house behavioral health staff;
(C) Include prospective payments to providers for health promotion, care
coordination, health navigation, care management, patient education, and other services designed to prevent and manage chronic conditions and address social determinants of health;
(D) Recognize the various levels of advancement of alternative payment
models and preserve options for carriers and providers to negotiate models suited to the competencies of each individual primary care practice; and
(E) Support evidence-based models of integrated care that focus on
measurable patient outcomes.
(b) (I) Except as provided in subsection (3)(b)(II) of this section, for health
benefit plans that are issued or renewed on or after January 1, 2025, a carrier shall ensure that any alternative payment models for primary care incorporate the parameters established in this subsection (3).
(II) For managed care plans that are issued or renewed on or after January 1,
2025, and in which services are primarily offered through one medical group contracted with a nonprofit health maintenance organization, a carrier shall ensure that any alternative payment models for primary care incorporate the aligned quality measure set established in subsection (3)(a)(III)(D) of this section.
(c) By December 1, 2023, the commissioner shall promulgate rules detailing
the requirements for alternative payment model parameters alignment. The division shall allow carriers the flexibility to determine which network providers and products are best suited to achieve the goals and incentives set by the division in this section.
(4) Once the division has five years of data, the division shall analyze the
data and, subject to available appropriations, produce a report on the data that aggregates data across all carriers. The division shall present the findings to the general assembly during the department of regulatory agencies' presentation to legislative committees at hearings held pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(5) The division shall retain a third-party contractor to design an evaluation
plan for the implementation of primary care alternative payment models by carriers. The plan must include alternative payment models implemented by carriers and providers prior to January 1, 2025. In designing the evaluation plan, the contractor shall, to the extent practicable:
(a) Report on the effects of the alternative payment models on populations
that have historically faced systemic barriers to health access;
(b) Report on the effects of the alternative payment models on primary care
providers, primary care practices, and primary care practices' ability to stay independent, including the effects on primary care providers' administrative burdens; and
(c) Consider and identify any available data sources or data limitations that
should be included or addressed in the evaluation plan to allow for measurement and reporting on the effects of the primary care payment model parameters on such populations, including the collection or analysis of data that is disaggregated, at a minimum, by race, ethnicity, sex, gender, and age.
(6) To support the implementation of aligned primary care alternative
payment model parameters by carriers, the division shall retain a third-party contractor to provide technical assistance to carriers. The division shall work with carriers to determine the nature and scope of the technical assistance and other supports that will best facilitate the implementation of aligned primary care alternative payment model parameters.
(7) The commissioner may promulgate rules necessary to implement this
section.
(8) Any information submitted to the division in accordance with this section
is subject to public inspection only to the extent allowed under the Colorado Open Records Act, part 2 of article 72 of title 24. The division shall not disclose any trade secret or confidential or proprietary information to any person who is not otherwise authorized to access the information, including any confidential or proprietary contractual information between carriers and providers.
Source: L. 2022: Entire section added, (HB 22-1325), ch. 181, p. 1203, � 1,
effective August 10.
C.R.S. § 10-16-163
10-16-163. Contracts - health benefit plans - pharmacy benefit managers - policyholders - transparency requirements - rules - definitions. (1) For a contract between a carrier or pharmacy benefit manager and a certificate holder or policyholder that is issued or renewed on or after January 1, 2025, the amount charged by the carrier or PBM to the certificate holder or policyholder for a prescription drug dispensed to a covered person must be equal to or less than the amount paid by the carrier or PBM to a contracted pharmacy for such prescription drug dispensed to such covered person residing in Colorado.
(2) (a) For group health benefit plans in effect during calendar year 2025 and
each calendar year thereafter, a carrier or pharmacy benefit manager shall disclose to each policyholder or the policyholder's specifically designated broker or consultant the prescription drug contract terms required by this subsection (2). For group health benefit plans in effect during calendar year 2023 or 2024 or both, the disclosure must also include any changes in terms between each calendar year.
(b) The disclosures required pursuant to this subsection (2) must include:
(I) The ingredient cost average reimbursement rate for:
(A) Generic drugs dispensed at retail pharmacies;
(B) Brand-name drugs dispensed at retail pharmacies;
(C) Specialty drugs dispensed at retail pharmacies;
(D) Generic drugs dispensed at mail-order pharmacies;
(E) Brand-name drugs dispensed at mail-order pharmacies;
(F) Specialty drugs dispensed at mail-order pharmacies; and
(G) Specialty drugs dispensed at any specialty pharmacy, including a
pharmacy that is fully or partially owned by a contracting PBM, a carrier, or the PBM's or carrier's holding companies or affiliates;
(II) The average dispensing fee paid to each type of pharmacy, including
each retail, mail-order, and specialty pharmacy;
(III) The charge per prior authorization;
(IV) Utilization management programs and associated fees;
(V) Any other contracted services and associated fees;
(VI) The average rebate across all paid prescriptions for the respective group
health benefit plan and the average rebate across all paid prescriptions that pay a rebate for the respective group health benefit plan; and
(VII) The rebate guarantee, where applicable.
(c) For contracts between a carrier or pharmacy benefit manager and a
certificate holder or policyholder that are renewed in calendar year 2025 and each calendar year thereafter, the carrier or PBM shall calculate and communicate to the certificate holder or policyholder the value of the difference between the contract terms in the renewed contracts and the contracts that were in effect the previous calendar year, annualizing the previous year's actual data for each respective certificate holder or policyholder. The value communicated shall include annual aggregate savings, annual aggregate savings per employee per year, and annual aggregate savings per covered person per year.
(d) A carrier or pharmacy benefit manager shall provide to each certificate
holder or policyholder, for voluntary consideration, options to repurpose aggregate savings in the form of reductions to out-of-pocket costs such as deductibles, copayment amounts, coinsurance, or premium contributions. The carrier or PBM shall provide the information to certificate holders or policyholders no less than ninety days before the date of the contract renewal.
(e) A carrier or PBM shall provide the information specified in subsections
(2)(b), (2)(c), and (2)(d) of this section to all certificate holders and policyholders for contracts in effect during calendar year 2025, including certificate holders and policyholders that may not receive a renewal notice due to a multiyear contractual agreement or for any other reason except notice of termination.
(f) The disclosures required in subsections (2)(b)(VI) and (2)(b)(VII) of this
section must not disclose any proprietary rebate information between a drug manufacturer and the pharmacy benefit manager or its carrier affiliate. The disclosure of data required by these subsections must represent the aggregate value of rebates passing through from the pharmacy benefit manager or its carrier affiliate to the health benefit plan as defined by rule of the commissioner.
(g) A carrier may exempt a segment of its business from this subsection (2).
The carrier's exempted business segment must provide the majority of covered medical professional services through a single, contracted medical group and operate its own pharmacies through which at least eighty-five percent of its aggregate prescription drug claims are filled. On and after August 7, 2023, a carrier that meets the exemption criteria in this subsection (2)(g) shall submit an attestation to the division of such compliance with each rate filing required pursuant to section 10-16-107. The carrier or PBM shall disclose all data requirements as outlined in this subsection (2) to the carrier's group policyholders that are primarily accessing prescription drug benefits through a third-party PBM contracted with the carrier.
(3) The commissioner shall promulgate rules to implement this section.
(4) (a) The commissioner may conduct an audit or market conduct
examination of a carrier or pharmacy benefit manager to ensure compliance with this section. The commissioner, pursuant to any rules promulgated by the division, may audit a carrier or PBM annually to determine if there is a violation of this section.
(b) The commissioner may determine a carrier's or PBM's compliance with
this section based on a sampling of data or based on a full claims audit. The sampling of data and any extrapolation from the data used to determine penalties must be reasonably valid from a statistical standpoint and in accordance with generally accepted auditing standards. A carrier or PBM that does not comply with a division request for the data required to complete an audit violates this section and may be subject to penalties.
(c) Information obtained through an audit conducted pursuant to this
subsection (4) is proprietary and confidential information, available only to the commissioner and the commissioner's auditing designee, and is not subject to disclosure unless specifically required by state or federal law.
(5) The failure of a carrier or PBM to comply with this section is an unfair
method of competition and an unfair or a deceptive act or practice in the business of insurance pursuant to section 10-3-1104 (1).
(6) (a) The requirements of subsections (1), (2), and (4) of this section apply to
an employer-sponsored health benefit plan, an associated pharmacy benefit manager, and the health benefit plan members only if a person, Taft-Hartley trust, municipality, state, labor union, plan sponsor, or employer that provides the employer-sponsored health benefit plan elects to be subject to subsections (1), (2), and (4) of this section for its members that reside in Colorado.
(b) As used in this subsection (6), pharmacy benefit manager means an
entity doing business in this state that administers or manages prescription drug benefits, including claims processing services and other prescription drug or device services as defined in section 10-16-122.1, that is in a contractual relationship directly or indirectly through an affiliate with an employer-sponsored health benefit plan, which includes plans that are self-insured or regulated by the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. sec. 1001 et seq., as amended, offered by:
(I) A person;
(II) A Taft-Hartley trust;
(III) A municipality;
(IV) The state;
(V) A labor union;
(VI) A plan sponsor;
(VII) An employer; or
(VIII) A coalition of employers or aggregation of employers working together
to negotiate improved contract terms with a pharmacy benefit manager.
(7) As used in this section, unless the context otherwise requires:
(a) Contracted pharmacy means a pharmacy that has contracted with a
carrier, a pharmacy benefit manager, or an affiliate of the carrier or PBM.
(b) Ingredient cost means the actual amount paid to a pharmacy by a
pharmacy benefit manager for a prescription drug, not including a dispensing fee or patient cost-sharing amount.
(c) Pharmacy means an entity where medicinal drugs are dispensed and
sold, including a retail pharmacy, mail-order pharmacy, specialty pharmacy, hospital outpatient setting, or other related pharmacy.
Source: L. 2023: Entire section added, (HB 23-1201), ch. 158, p. 684, � 1,
effective August 7.
C.R.S. § 10-16-403
10-16-403. Powers of health maintenance organizations. (1) The powers of a health maintenance organization include, but are not limited to, the following:
(a) The purchase, lease, construction, renovation, operation, and
maintenance of hospitals, medical facilities, nursing care and intermediate care facilities, and other institutions of like nature, their ancillary equipment, and such property as may reasonably be required for its administrative offices or for such other purposes as may be necessary to accomplish the business of the organization;
(b) The making of loans to a medical group under contract with it in
furtherance of its program or the making of loans to a corporation or corporations under its control for the purpose of acquiring or constructing medical facilities, hospitals, nursing care and intermediate care facilities, and other institutions of a like nature providing health-care services to enrollees;
(c) The furnishing of health-care services through providers which are under
contract with or employed by the health maintenance organization;
(d) The contracting with any person for the performance on its behalf of
certain functions such as marketing, enrollment, and administration;
(e) The contracting with an insurance company licensed in this state, or with
a nonprofit hospital, medical-surgical, and health service corporation authorized to do business in this state, for the provision of insurance, indemnity, or reimbursement against the cost of health-care services provided by the health maintenance organization;
(f) The offering, in addition to basic health-care services, of:
(I) Additional health-care services;
(II) Indemnity benefits not exceeding twenty percent of net medical and
hospital expenses incurred on an annual basis;
(III) Indemnity benefits, in addition to benefits provided directly or indirectly
through contracts with providers, by the health maintenance organization, through insurers or nonprofit hospital, medical-surgical, and health service corporations;
(g) The offering of contracts for the rendering of long-term care insurance,
as defined in section 10-19-103 (5), on behalf of any of its enrollees. Such contracts shall comply with article 19 of this title.
(h) Repealed.
(2) (a) A health maintenance organization shall file notice, with adequate
supporting information, with the commissioner prior to the exercise of any power granted in the introductory portion or paragraph (a) of subsection (1) of this section. The commissioner shall disapprove such exercise of power, if in the commissioner's opinion it would substantially and adversely affect the financial soundness of the health maintenance organization and endanger its ability to meet its obligations. If the commissioner does not disapprove within thirty days of the filing, it shall be deemed approved.
(b) The commissioner may promulgate rules and regulations exempting from
the filing requirement of paragraph (a) of this subsection (2) those activities having a de minimis effect.
Source: L. 92: Entire article R&RE, p. 1698, � 1, effective July 1. L. 94: (1)(a)
and (1)(b) amended, p. 1629, � 27, effective May 31. L. 99: (1)(f) amended, p. 80, � 1, effective July 1. L. 2009: (1)(h) added, (HB 09-1143), ch. 114, p. 479, � 2, effective August 5.
Editor's note: (1) This section is similar to former � 10-17-105 as it existed
prior to 1992.
(2) Subsection (1)(h) provided for the repeal of subsection (1)(h), effective July
1, 2012. (See L. 2009, p. 479.)
Cross references: For the legislative declaration contained in the 2009 act
adding subsection (1)(h), see section 1 of chapter 114, Session Laws of Colorado 2009.
C.R.S. § 10-16-602
10-16-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) Doctor means a person licensed as a doctor under title 12, C.R.S., to
provide health care to a patient.
(2) Insurer means a sickness and accident insurer and any health
maintenance organization; fraternal benefit society; nonprofit hospital, medical-surgical, and health services corporation; prepaid health plans; or other entity providing health-care coverage or health benefits or health-care services, whether as a principal, indemnitor, surety, or contractor, authorized by the commissioner to conduct business in Colorado. Insurer also includes a self-insurer providing any health coverage or health benefit or health-care services certificate, agreement, contract, policy, or plan; except that the term insurer under this part 6 shall apply only to this part 6 and shall not include an insurer or self-insured employer under articles 40 to 47 of title 8, C.R.S.
(3) Patient means an individual covered by, or denoted as an insured,
subscriber, enrollee, or purchaser under any health coverage or health benefit or health-care services certificate, agreement, contract, policy, or plan. Patient also includes a covered employee or dependent of an insured person.
Source: L. 96: Entire part added, p. 566, � 1, effective April 24. L. 2004: (2)
amended, p. 903, � 25, effective May 21.
C.R.S. § 10-16-705
10-16-705. Requirements for carriers and participating providers - definitions - rules. (1) In addition to any other applicable requirements of this part 7, a carrier offering a managed care plan shall satisfy all the requirements of this section.
(2) A carrier shall maintain a mechanism by which providers can access
information on the covered health services for which the provider is responsible, including any limitations or conditions on services.
(3) Every contract between a carrier and a participating provider shall set
forth a hold harmless provision specifying that covered persons shall, in no circumstances, be liable for money owed to participating providers by the plan and that in no event shall a participating provider collect or attempt to collect from a covered person any money owed to the provider by the carrier. Nothing in this section shall prohibit a participating provider from collecting coinsurance, deductibles, or copayments as specifically provided in the covered person's contract with the managed care plan.
(4) (a) Every contract between a carrier and a participating provider shall
include provisions for continuity of care as specified in this subsection (4).
(b) Each carrier that issues a managed care plan shall allow covered persons
to continue receiving care for up to ninety days after the date a carrier has provided notice to an individual enrolled in such plan pursuant to subsection (4)(d)(II)(A) of this section that the contract is terminated. The carrier shall provide the requisite coverage or continuing care to the covered person at the covered person's in-network benefit level cost-sharing amount during the period beginning on the date on which the notice of termination is given pursuant to subsection (4)(d)(II)(A) of this section and ending on the earlier of the ninety-day period beginning on such date or the date on which the covered person is no longer a continuing care patient with the provider or health-care facility.
(c) In the circumstance that coverage is terminated for any reason other than
nonpayment of the premium, fraud, or abuse, every managed care plan shall provide for continued care for covered persons being treated at an in-patient facility until the patient is discharged.
(d) (I) A carrier shall comply with the requirements of subsection (4)(d)(II) of
this section if a participating provider, whether an individual provider or a facility, is treating a continuing care patient who is a covered person under the plan and if:
(A) The contract between the carrier and the participating provider is
terminated due to the expiration or nonrenewal of the contract;
(B) The benefits provided under the managed care plan or the health
insurance coverage, with respect to the provider or facility, are terminated due to the expiration or nonrenewal of the contract between the carrier and the provider or facility because of a change in the terms of the participation in the plan or coverage; or
(C) A contract between the group health plan and the carrier offering
coverage in connection with the group health plan is terminated due to the expiration or nonrenewal of the contract, resulting in the loss of benefits under the plan with respect to the participating provider that is providing treatment or services to the covered person in compliance with the federal No Surprises Act.
(II) A carrier subject to this subsection (4)(d) shall:
(A) Notify each covered person who is receiving care from a provider or
facility with whom a contract is terminated as described in subsection (4)(d)(I) of this section, at the time of the termination of the contract, that the patient has the right to elect continued transitional care from the treating provider or facility if the termination of the contract affects the status of the provider or facility as a participating provider;
(B) Provide the covered person with an opportunity to notify the managed
care plan or carrier of the need for transitional care; and
(C) Permit the covered person to elect to continue to have benefits provided
under the covered person's current plan or coverage under the same terms and conditions as would have applied and with respect to the same items and services as would have been covered had a termination described in subsection (4)(d)(I) of this section not occurred, with respect to the course of treatment furnished by the provider or facility relating to the covered person's status as a continuing care patient during the period beginning on the date on which the notice under subsection (4)(d)(II)(A) of this section is provided and ending on the ninety-first day after that date or the date on which the covered person is no longer a continuing care patient with respect to the provider or facility, whichever is earlier.
(III) As used in this subsection (4)(d):
(A) Continuing care patient means a covered person who, with respect to a
provider or facility whose contract with the covered person's carrier is terminated: Is undergoing a course of treatment for a serious and complex medical condition, which course of treatment is provided by the provider or facility; is undergoing a course of inpatient care provided by the provider or facility; is pregnant and undergoing a course of treatment for the pregnancy provided by the provider or facility; is terminally ill as determined under section 1861 (dd)(3)(A) of the federal Social Security Act, as amended, and is receiving treatment for the illness from the provider or facility; or is scheduled to undergo nonelective surgery from the provider or facility, including the receipt of postoperative care from the provider or facility with respect to the surgery.
(B) Serious and complex medical condition means, in the case of acute
illness, a condition that is serious enough to require specialized medical treatment to avoid the reasonable possibility of death or permanent harm or, in the case of a chronic illness or condition, a condition that is life-threatening, degenerative, potentially disabling, or congenital and requires specialized medical care over a prolonged period of time.
(C) Terminated, with respect to a contract, means the expiration or
nonrenewal of the contract; except that terminated does not include a contract terminated for failure to meet applicable quality standards or for fraud.
(4.5) (a) As used in this subsection (4.5):
(I) Facility means a health-care facility licensed or certified pursuant to
section 25-1.5-103.
(II) Medicaid means a medical assistance program established pursuant to
the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5.
(III) Serious and complex medical condition has the same meaning as set
forth in subsection (4)(d)(III)(B) of this section.
(IV) Transferring enrollee means an individual who:
(A) Was enrolled in medicaid or the children's basic health plan but is no
longer eligible for benefits through the program in which the individual was enrolled; or
(B) Was covered under a health benefit plan whose coverage has not been
renewed because the carrier is no longer offering any health benefit plans that the individual is eligible for and is therefore enrolled in a new health benefit plan and who: Is undergoing a course of treatment for a serious and complex medical condition that is treated by the provider or facility; is undergoing a course of inpatient care provided by the provider or facility; is pregnant and undergoing a course of treatment for the pregnancy provided by the provider or facility; is terminally ill as determined under section 1861 (dd)(3)(A) of the federal Social Security Act, 42 U.S.C. sec. 1395x, as amended, and is receiving treatment for the illness from the provider or facility; or is scheduled to undergo nonelective surgery from the provider or facility, including the receipt of postoperative care from the provider or facility with respect to the surgery.
(b) A carrier shall allow a transferring enrollee to continue to receive
treatment as an in-network benefit from an out-of-network provider or facility as follows:
(I) A transferring enrollee being treated by an out-of-network provider or
facility may continue to receive treatment from that provider or facility until the current episode of treatment ends or until ninety days after the enrollee is covered by a new health benefit plan, whichever occurs first.
(II) A transferring enrollee who is pregnant and being treated by an out-of-network provider or facility may continue to receive treatment through the
completion of postpartum care, beginning on the date of the enrollee's first day as a covered person under a new health benefit plan.
(c) (I) During the time periods covered under subsection (4.5)(b) of this
section:
(A) A carrier shall reimburse the out-of-network provider or facility at the
carrier's standard in-network reimbursement rate; and
(B) The carrier may require the out-of-network provider or facility to adhere
to the carrier's terms and conditions, quality of care standards and protocols, referral process, and reporting standards that apply to comparable in-network providers or facilities in order for the out-of-network provider or facility to be eligible for reimbursement under subsection (4.5)(c)(I)(A) of this section.
(II) If an out-of-network provider or facility has been reimbursed pursuant to
subsection (4.5)(c)(I)(A) of this section, the transferring enrollee shall not be balance billed.
(d) This subsection (4.5) does not require a provider or facility to continue to
provide care for a transferring enrollee after the applicable time period in subsection (4)(b) of this section.
(e) A carrier subject to this subsection (4.5) shall:
(I) Notify the transferring enrollee, in plain language, at the time of
enrollment that the enrollee has the right to elect continued transitional care from an out-of-network provider or facility if the enrollee is a transferring enrollee; and
(II) At the request of the transferring enrollee or the enrollee's provider,
grant the transferring enrollee an opportunity to notify the carrier of the need for continued transitional care within one month after the transferring enrollee's effective date of coverage.
(f) (I) At the request of the transferring enrollee or provider, a new carrier
shall accept a preauthorization for treatment from the previous carrier for coverage by the new carrier or from the department of health care policy and financing for:
(A) The procedures, treatment, medications, or services that are covered
benefits under the new health benefit plan; and
(B) A period of ninety days or for the course of treatment, whichever is less,
or until the completion of postpartum care.
(II) Subject to state and federal laws relating to the confidentiality of
medical records, at the request and with the consent of an enrollee, a carrier shall provide a copy of the enrollee's preauthorization for treatment to the enrollee's new carrier within ten days after receipt of the request.
(III) After the applicable time period under subsection (4.5)(b) of this section
has lapsed, the new carrier may elect to perform its own utilization review in order to:
(A) Reassess and make its own determination regarding the need for
continued treatment; and
(B) Authorize any continued procedure, treatment, medication, or service
deemed to be medically necessary.
(g) This subsection (4.5) does not require a carrier to provide benefits to an
enrollee that are not otherwise covered benefits under the health benefit plan.
(h) The commissioner may adopt rules to implement this subsection (4.5).
(5) (a) Except as provided for in paragraph (b) of this subsection (5),
notwithstanding any contractual provision to the contrary, a carrier that has entered into contracts with one or more contractors or subcontractors or their intermediaries to provide covered health-care services to covered persons of the carrier under any managed care plan shall, in the event of nonpayment by, or insolvency of, such contractors or subcontractors or their intermediaries, remain responsible for the payment of all participating providers that have provided covered health-care services to covered persons of the carrier pursuant to one or more contracts with such contractors or subcontractors or their intermediaries. Any contracting provider that provides covered health-care services to covered persons of the carrier under a managed care contract shall, in the event of nonpayment for such services, have legal standing to enforce the managed care contract against the carrier and receive payment for such services. In the event of the insolvency of a carrier, participating provider claims for unpaid services shall be a class 6 claim under section 10-3-541 (1)(f).
(b) A carrier may apply to the commissioner for the use of an alternative
mechanism to ensure that all participating providers that have provided covered health-care services to covered persons of the carrier pursuant to one or more contracts with such contractors or subcontractors or their intermediaries receive payment due. If approval is granted, said carrier shall be exempt from the requirements of paragraph (a) of this subsection (5).
(6) A carrier shall notify participating providers of the providers'
responsibilities with respect to the carrier's applicable administrative policies and programs, including but not limited to, payment terms, utilization review, quality assessment and improvement programs, credentialing, grievance procedures, data reporting requirements, confidentiality requirements, and any applicable federal or state programs.
(6.5) A carrier that has entered into a contract with one or more
intermediaries to conduct utilization management, utilization review, provider credentialing, administration of health insurance benefits, setting or negotiation of reimbursement rates, payment to providers, network development, or disease management programs shall require the intermediary to comply with the same standards, guidelines, medical policies, and benefit terms of the carrier.
(7) A carrier and participating provider shall provide at least sixty days
written notice to each other before terminating the contract without cause. The carrier shall make a good faith effort to provide written notice of termination within fifteen working days after receipt of or issuance of a notice of termination to all covered persons that are patients seen on a regular basis by the provider whose contract is terminating, regardless of whether the termination was for cause or without cause. Where a contract termination involves a primary care provider, all covered persons that are patients of that primary care provider shall also be notified. Within five working days after the date that the provider either gives or receives notice of termination, the provider shall supply the carrier with a list of those patients of the provider that are covered by a plan of the carrier.
(8) The rights and responsibilities under a contract between a carrier and a
participating provider shall not be assigned or delegated by the provider without the prior written consent of the carrier, and any subcontracts shall comply with the requirements of this part 7.
(9) A carrier's contract with participating providers shall include a provision
that participating providers do not discriminate, with respect to the provision of medically necessary covered benefits, against covered persons that are participants in a publicly financed program.
(9.5) If the health benefit plan provides coverage for a second opinion, the
carrier and any entity that contracts with the carrier shall disclose the availability of the second opinion along with the health benefit description form.
(10) A carrier shall notify the participating providers of their obligations, if
any, to collect applicable coinsurance, copayments, or deductibles from covered persons pursuant to the evidence of coverage or of the providers' obligations, if any, to notify covered persons of their personal financial obligations for noncovered services.
(10.5) (a) A carrier that has entered into a contract with one or more
intermediaries to conduct utilization management, utilization review, provider credentialing, administration of health insurance benefits, setting or negotiation of reimbursement rates, payment to providers, network development, or disease management programs, shall require the intermediary to indicate the name of the intermediary and the name of the carrier for which it is conducting the work when making any payment to a health-care provider on behalf of the carrier.
(b) (I) A violation of subsection (6.5) of this section or this subsection (10.5) is
an unfair or deceptive act or practice in the business of insurance pursuant to section 10-3-1104.
(II) The commissioner may examine the actions of a carrier pursuant to
subsection (6.5) of this section and this subsection (10.5) when conducting a market conduct analysis pursuant to part 2 of article 1 of this title.
(11) A carrier shall not penalize a provider because the participating provider,
in good faith, reports to state or federal authorities any act or practice by the carrier that jeopardizes patient health or welfare, or because the participating provider discusses the financial incentives or financial arrangements between the provider and the managed care plan.
(11.5) A carrier or entity that contracts with the carrier shall not penalize a
primary care provider who makes a standing referral of a covered person to a specialist, nor shall the specialist treating the covered person be penalized, with actions that include but are not limited to disincentives or disaffiliation, except for violations of section 10-1-128.
(12) (a) A carrier shall establish one or more mechanisms by which the
participating providers may determine, at the time services are provided, whether or not a person is covered by the carrier or is within the grace period established under section 10-16-140 (1), during which period a carrier may hold a claim for services pending receipt of full premium payment. If a carrier maintains only one mechanism, such mechanism shall not require electronic access.
(b) (I) Each carrier, regardless of the mechanism used, shall issue a
verification code that the participating provider may use as proof of verification as required by section 10-16-704 (4.5)(f).
(II) In lieu of the requirements of this paragraph (b), for the purposes of
verifying the carrier's communication to the provider pursuant to section 10-16-704 (4.5)(g) or (4.5)(h), a carrier may submit written confirmation to a provider within two business days.
(III) If a carrier provides electronic access as a mechanism to verify coverage,
the carrier may, in lieu of the requirement to issue a verification code through such mechanism, accept as proof of verification a dated screen print from the carrier's electronic verification mechanism demonstrating that the member is eligible pursuant to section 10-16-704 (4.5)(g) or that the carrier is not required to pay for services pursuant to section 10-16-704 (4.5)(h).
(c) In lieu of the requirements of paragraph (b) of this subsection (12), a
carrier may institute a policy providing that adjustments to claims related to eligibility will be made only if the carrier can demonstrate that the member did not appear as eligible on any of the carrier's verification mechanisms on the date of service.
(d) A carrier shall notify participating providers of the mechanisms available
to verify eligibility and the carrier's intent with respect to the requirements of paragraphs (a), (b), and (c) of this subsection (12).
(13) A carrier shall establish procedures for resolution of administrative,
payment, or other disputes between providers and the carrier.
(14) Every contract between a carrier or entity that contracts with a carrier
and a participating provider for a managed care plan that requires preauthorization for particular services, treatments, or procedures shall include:
(a) A provision that clearly states that the sole responsibility for obtaining
any necessary preauthorization rests with the participating provider that recommends or orders said services, treatments, or procedures, not with the covered person; and
(b) A provision that allows a covered person to receive a standing referral for
medically necessary treatment to a specialist or specialized treatment center participating in the carrier's network or participating in a subdivision or subgrouping of the carrier's network if the subdivision or subgrouping demonstrates network adequacy pursuant to section 10-16-704. The primary care provider for the covered person, in consultation with the specialist and covered person, shall determine that the covered person needs ongoing care from the specialist in order to make the standing referral. A time period for the standing referral of up to one year, or a longer period of time if authorized by the carrier or any entity that contracts with the carrier, shall be determined by the primary care provider in consultation with the specialist or specialized treatment center. The specialist or specialized treatment center shall refer the covered person back to the primary care provider for primary care. To be reimbursed by the carrier or entity contracting with a carrier, treatment provided by the specialist shall be for a covered person and must comply with provisions contained in the covered person's certificate or policy. The primary care physician shall record the reason, diagnosis, or treatment plan necessitating the standing referral.
(15) A contract between a carrier and a participating provider shall not
contain definitions or other provisions that conflict with the definitions or provisions contained in the managed care plan or this part 7.
(16) A provider who is not licensed to furnish health-care services in this
state and who participates in a network shall be licensed in the state in which the provider practices and shall meet minimum statutory and regulatory standards for that professional practice applicable in this state.
Source: L. 97: Entire part added, p. 1328, � 2, effective July 1. L. 99: (9.5) and
(11.5) added and (14) amended, p. 318, � 2, effective July 1. L. 2002: (12) amended, p. 886, � 2, effective January 1, 2003; (16) added, p. 1299, � 14, effective January 1, 2003. L. 2003: (11.5) and (12)(b)(I) amended, p. 618, � 21, effective July 1. L. 2009: (6.5) and (10.5) added, (HB 09-1061), ch. 197, p. 885, � 1, effective August 5. L. 2013: (12)(a) and (14)(b) amended, (HB 13-1266), ch. 217, p. 989, � 51, effective May 13. L. 2022: (4)(b) amended and (4)(d) added, (HB 22-1284), ch. 446, p. 3142, � 3, effective August 10. L. 2024: (4.5) added, (SB 24-093), ch. 41, p. 146, � 1, effective January 1, 2025.
Cross references: (1) For the federal No Surprises Act, see Pub.L. 116-260.
(2) For the legislative declaration contained in the 1999 act adding
subsections (9.5) and (11.5) and amending subsection (14), see section 1 of chapter 111, Session Laws of Colorado 1999.
C.R.S. § 10-16-705.7
10-16-705.7. Timely credentialing of physicians by carriers - notice of receipt required - notice of incomplete applications required - delegated credentialing agreements - discrepancies - denials of claims prohibited - disclosures - recredentialing - enforcement - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Applicant means a physician who submits an application to a carrier to
become a participating physician in the carrier's network.
(b) Application means an applicant's application to become credentialed
by a carrier as a participating physician in at least one of the carrier's provider networks.
(c) Carrier credentialing alliance means an organization of carriers that
share activities or responsibilities pertaining to credentialing.
(d) Credentialing or credential means the process by which a carrier or its
designee collects information concerning an applicant; assesses whether the applicant satisfies the relevant licensing, education, and training requirements to become a participating physician; verifies the assessment; and approves or disapproves the applicant's application.
(e) Delegated credentialing agreement means an agreement between a
carrier and a designee by which the carrier delegates to the designee activities or responsibilities pertaining to credentialing.
(f) Designee means a third party to which a carrier delegates activities or
responsibilities pertaining to credentialing.
(g) Health-care facility means a facility licensed or certified by the
department of public health and environment pursuant to section 25-1.5-103.
(h) Participating physician means a physician who is credentialed by a
carrier or its designee to provide health-care items or services to covered persons in at least one of the carrier's provider networks.
(i) Physician means a physician who is licensed pursuant to article 240 of
title 12.
(j) Recredentialing or recredential means the process by which a carrier
or its designee confirms that a participating physician is in good standing and continues to satisfy the carrier's requirements for participating physicians.
(2) (a) Within seven calendar days after a carrier receives an application, the
carrier shall provide the applicant a receipt in written or electronic form.
(b) Upon receiving an application, a carrier shall promptly determine whether
the application is complete. If the carrier determines that the application is incomplete, the carrier shall notify the applicant in writing or by electronic means that the application is incomplete within ten calendar days after the date the carrier received the application. The notice must describe the items that are required to complete the application.
(c) If a carrier receives a completed application but fails to provide the
applicant a receipt in written or electronic form within seven calendar days after receiving the application, as required by subsection (2)(a) of this section, the carrier shall consider the applicant a participating physician, effective no later than fifty-three calendar days following the carrier's receipt of the application.
(3) (a) A carrier shall conclude the process of credentialing an applicant
within sixty calendar days after the carrier receives the applicant's completed application.
(b) A carrier shall provide each applicant written or electronic notice of the
outcome of the applicant's credentialing within ten calendar days after the conclusion of the credentialing process.
(c) After concluding the credentialing process for an applicant and making a
determination regarding the applicant's application, a carrier shall provide to the applicant, at the applicant's request and as allowed by law, all nonproprietary information pertaining to the application and to the final decision regarding the application.
(4) Notwithstanding any other provision of this section:
(a) A carrier that enters into and complies with the requirements of a
delegated credentialing agreement with a health-care facility, which agreement imposes equivalent or higher requirements than those described in this section, is deemed to be in compliance with the requirements of this section with regard to an applicant who works for that facility.
(b) A carrier that participates in and complies with the requirements of a
carrier credentialing alliance that imposes equivalent or higher requirements than those described in this section is deemed to be in compliance with the requirements of this section.
(5) A carrier shall correct discrepancies in its provider or network directory
within thirty calendar days after receiving a report of the discrepancy from a participating physician. A participating physician shall notify a carrier of any change in the physician's name, address, telephone number, business structure, or tax identification number within fifteen business days after making the change.
(6) A carrier may not deny a claim for a medically necessary covered service
provided to a covered person if the service:
(a) Is a covered benefit under the covered person's health coverage plan; and
(b) Is provided by a participating physician who is in the provider network for
the carrier's health coverage plan and has concluded the carrier's credentialing process.
(7) A carrier shall make the following nonproprietary information available to
all applicants and shall post the information on its website:
(a) The carrier's credentialing policies and procedures;
(b) A list of the information required to be included in an application;
(c) A checklist of materials that must be submitted in the credentialing
process;
(d) Designated contact information, including a designated point of contact,
an email address, and a telephone number, to which an applicant may address any credentialing inquiries; and
(e) The requirements described in subsection (2) of this section and the
authority of the commissioner to enforce the requirements and impose penalties for violations, as described in subsection (10) of this section.
(8) (a) A carrier or its designee may recredential a participating physician if
such recredentialing is:
(I) Required by federal or state law or by the carrier's accreditation
standards; or
(II) Permitted by the carrier's contract with the participating physician.
(b) A carrier shall not require a participating physician to submit an
application or participate in a contracting process in order to be recredentialed.
(c) Nothing in this subsection (8) affects the contract termination rights of a
carrier or a participating physician.
(9) Except as described in subsection (8) of this section and as may be
provided in a contract between a carrier and a participating physician, a carrier shall allow a participating physician to remain credentialed and include the participating physician in the carrier's health coverage plan provider network unless the carrier discovers information indicating that the participating physician no longer satisfies the carrier's guidelines for participation, in which case the carrier shall satisfy the requirements described in section 10-16-705 (5) before terminating the participating physician's participation in the provider network.
(9.5) A carrier shall not refuse to credential an applicant or terminate a
participating physician's participation in a provider network based solely on the applicant's or participating physician's provision of, or assistance in the provision of, a legally protected health-care activity, as defined in section 12-30-121 (1)(d), in this state, so long as the care provided did not violate Colorado law.
(10) The commissioner shall enforce this section and may promulgate such
rules as are necessary for the implementation of this section. Upon receiving more than one complaint from an applicant or a participating physician alleging a violation of this section by a carrier, the commissioner shall investigate the complaints. A carrier that fails to comply with this section or with any rules adopted pursuant to this section is subject to such civil penalties as the commissioner may order pursuant to section 10-1-310.
Source: L. 2021: Entire section added, (SB 21-126), ch. 443, p. 2929, � 1,
effective September 7. L. 2023: (9.5) added, (SB 23-188), ch. 68, p. 242, � 4, effective April 14.
Cross references: For the legislative declaration in SB 23-188, see section 1
of chapter 68, Session Laws of Colorado 2023.
C.R.S. § 10-16-707
10-16-707. Enforcement. (1) If it is determined that a carrier has not contracted with enough participating providers to assure that covered persons have accessible health-care services in a geographic area, that a carrier's access plan does not assure reasonable access to covered benefits, that a carrier has entered into a contract that does not comply with this part 7, or that a carrier has not complied with a provision of this part 7, the commissioner may institute a corrective action that shall be followed by the carrier or may use any of the commissioner's other enforcement powers to obtain the carrier's compliance with this part 7.
(2) The commissioner shall not act to arbitrate, mediate, or settle disputes
between a managed care plan and a provider concerning a provider's inclusion or termination from the network.
(3) Failure of a provider to comply with the requirements of section 10-16-705 (16) shall preclude a carrier from contracting with a provider.
Source: L. 97: Entire part added, p. 1332, � 2, effective July 1. L. 2002: (3)
added, p. 1299, � 15, effective January 1, 2003.
C.R.S. § 10-2-103
10-2-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Catastrophic disaster means an event, as declared by the president of
the United States or the governor, or both, which results in large numbers of deaths or injuries; causes extensive damage or destruction of property or facilities that provide and sustain human needs; produces an overwhelming demand on state and local response resources and mechanisms; causes a severe long-term effect on general economic activity; or severely affects state, local, and private sector capabilities to begin and sustain response activities.
(1.5) Commissioner means the commissioner of insurance.
(2) Health coverage means accident and health or sickness and accident
policies or contracts including other health coverages provided by insurers, health maintenance organizations, or nonprofit hospital and surgical plans.
(2.5) Home state means the District of Columbia and any state or territory
of the United States in which an insurance producer meets the following:
(a) Maintains the producer's principal place of residence or principal place of
business; and
(b) Is licensed to act as an insurance producer.
(3) Individual means any private or natural person as distinguished from a
partnership, corporation, association, or any foreign or domestic entity as defined in section 7-90-102, C.R.S.
(4) Insurance means any of the lines of authority set forth in section 10-2-407 (1).
(5) Insurance agency or business entity means a corporation, partnership,
association, or foreign or domestic entity as defined in section 7-90-102, C.R.S., or other legal entity that transacts the business of insurance.
(6) Insurance producer or producer, except as otherwise provided in
section 10-2-105, means:
(a) A person who solicits, negotiates, effects, procures, delivers, renews,
continues, or binds:
(I) Policies of insurance for risks residing, located, or to be performed in this
state;
(II) Membership in a prepayment plan as defined in parts 2 and 3 of article 16
of this title; or
(III) Membership enrollment in a health-care plan as defined in part 4 of
article 16 of this title; and
(b) A public adjuster.
(6.5) Insurer means every person engaged as principal, indemnitor, surety,
or contractor in the business of making contracts of insurance.
(7) License means a document issued by the commissioner that authorizes
a person to act as an insurance producer for the lines of authority, specified in such document. The license itself does not create any authority, actual, apparent, or inherent, in the holder to represent or commit an insurance carrier to a binding agreement.
(7.1) Limited line insurance means those lines of authority other than those
defined in section 10-2-407 (1)(a) to (1)(e) or any other line of insurance that the commissioner may deem necessary to recognize for the purpose of complying with section 10-2-502.
(7.3) Limited line producer means a person authorized by the commissioner
to sell, solicit, or negotiate limited lines of insurance.
(7.5) Limited lines credit insurance includes credit life, credit disability,
credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing the insured credit obligation that the commissioner determines should be designated a form of limited line credit insurance.
(7.7) Limited lines credit insurance producer means a person who sells,
solicits, or negotiates one or more forms of limited lines credit insurance coverage to individuals through a master, corporate, group, or individual policy.
(7.9) Negotiate means the act of conferring directly with or offering advice
directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, if the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers or acts as a public adjuster.
(8) Person includes any individual or a business entity.
(8.5) Public adjuster means any person who, for compensation or any other
thing of value on behalf of the insured:
(a) Acts or aids, solely in relation to first-party claims arising under insurance
contracts that insure the real or personal property or allied lines of the insured, on behalf of an insured in negotiating for, or effecting, the settlement of a claim for loss or damage covered by an insurance contract;
(b) Advertises for employment as a public adjuster of insurance claims or
solicits business or represents himself or herself to the public as a public adjuster of first-party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property or allied lines; or
(c) Directly or indirectly solicits business, investigates or adjusts losses, or
advises an insured about first-party claims for losses or damages arising out of policies of insurance that insure real or personal property or allied lines for another person engaged in the business of adjusting losses or damages covered by an insurance policy for the insured.
(9) (Deleted by amendment, L. 2001, p. 1190, � 3, effective January 1, 2002.)
(10) Sell means to exchange a contract of insurance by any means, for
money or its equivalent, on behalf of an insurance company.
(11) Solicit means attempting to sell insurance, asking or urging a person to
apply for a particular kind of insurance from a particular company, or asking or urging a person to use the services of, or services in connection with activities as, a public adjuster.
(12) Terminate means the cancellation of the relationship between an
insurance producer and the insurer or the termination of a producer's authority to transact insurance.
(13) Uniform business entity application means the current version of the
national association of insurance commissioners' uniform business entity application for resident and nonresident business entities.
(14) Uniform application means the current version of the national
association of insurance commissioners' uniform application for resident and nonresident producer licensing.
Source: L. 93: Entire article R&RE, p. 1348, � 1, effective January 1, 1995. L.
2001: (2.5), (6.5), (7.1), (7.3), (7.5), (7.7), (7.9), (10), (11), (12), (13), and (14) added and (3), (4), (5), (7), (8), and (9) amended, p. 1190, � 3, effective January 1, 2002. L. 2009: (7.1), (7.3), (7.5), and (7.7) amended, (SB 09-292), ch. 369, p. 1940, � 10, effective August 5. L. 2013: (1), (6), (7.9), and (11) amended and (1.5) and (8.5) added, (HB 13-1062), ch. 61, p. 200, � 1, effective January 1, 2014.
Editor's note: This section is similar to former �� 10-2-102 and 10-2-202 as
they existed prior to 1993.
C.R.S. § 10-2-104
10-2-104. Authority of commissioner - rules. Pursuant to the provisions of article 4 of title 24, C.R.S., the commissioner may promulgate reasonable rules for the implementation and administration of the provisions of this article. The commissioner may contract with any party for the purpose of performing any ministerial duty required of the commissioner under this article. All reasonable charges and expenses of such contractors shall be paid directly to the contractors by licensees.
Source: L. 93: Entire article R&RE, p. 1349, � 1, effective January 1, 1995. L.
2001: Entire section amended, p. 1192, � 4, effective January 1, 2002.
Editor's note: This section is similar to former � 10-2-220 as it existed prior to
1993.
C.R.S. § 10-3-1303
10-3-1303. Definitions. As used in this part 13, unless the context otherwise requires:
(1) Insurer means every person engaged as principal, indemnitor, surety, or
contractor in the business of making contracts of insurance, and any person authorized to represent an insurer with respect to a claim.
(2) Nonoriginal equipment replacement crash part means a replacement
crash part which is not supplied by the manufacturer of the motor vehicle on which the part is used.
(3) Replacement crash part means a replacement for any of the
nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels.
Source: L. 89: Entire part added, p. 450, � 1, effective July 1.
C.R.S. § 10-3-209
10-3-209. Tax on premiums collected - exemptions - penalties - filing system - division to contract with third parties - rules - repeal. (1) (a) All insurance companies writing business in this state, including, without limitation, those defined in section 10-1-102 (6), except a disqualified insurance company, shall pay to the division of insurance a tax on the gross amount of all premiums collected or contracted for on policies or contracts of insurance covering property or risks in this state during the previous calendar year, after deducting from such gross amount the amount received as reinsurance premiums on business in this state, and the amount refunded under credit life and credit accident and health insurance policies on account of termination of insurance prior to the maturity date of the indebtedness, and, in the case of companies other than life, the amounts paid to policyholders as return premiums, which shall include dividends or unabsorbed premiums or premium deposits returned or credited to policyholders.
(b) (I) The rate of tax is as follows:
(A) For companies not exempted or charged a different rate of tax by
another provision of this section, the rate of tax on the gross amount shall be:
Premium collected or
contracted for during:Rate of tax:
19962.20%
19972.15%
19982.10%
19992.05%
2000 and thereafter2.00%
(B) For direct written premiums in 2025, for companies maintaining a home
office or a regional home office in this state, the rate of tax on the gross amount is one percent. On and after January 1, 2026, the tax rate is two percent.
(II) For purposes of this subsection (1)(b), except as otherwise provided in
subsection (1)(b)(II.5) of this section, any company is deemed to maintain a home office or regional home office in this state if such company either:
(A) Substantially performs in this state the following functions, or
substantially equivalent functions, for the company for each state in which the company is licensed, or for three or more of such states: Actuarial, medical, legal, approval or rejection of applications, issuance of policies, information and service, advertising and publications, public relations, hiring, testing, and training of sales and service forces; or
(B) Maintains significant direct insurance operations in this state that are
supported by functional operations which are both necessary for and pertinent to a line or lines of business written by the company in this state.
(II.5) To be deemed to maintain a home office or regional home office in this
state, a company must meet one of the criteria set forth in subsection (1)(b)(II) of this section and also have a workforce in the state that is greater than or equal to:
(A) Two percent of the company's total domestic workforce, for taxes that
are due and payable for calendar year 2022;
(B) Two and one-quarter percent of the company's total domestic workforce,
for taxes that are due and payable for calendar year 2023; and
(C) Two and one-half percent of the company's total domestic workforce, for
taxes that are due and payable for calendar year 2024 and each calendar year thereafter.
(II.7) For purposes of the calculation required in subsection (1)(b)(II.5) of this
section, a workforce includes all employees of the company; the company's ultimate parent entity; subsidiaries; and affiliates, as defined in section 10-3-801 (1), but excludes agents, brokers, and their staff.
(III) Any company desiring to qualify an office in this state as a home or
regional home office shall make application for qualification to the commissioner on forms prescribed by the commissioner and shall submit proof that it is operating a home or a regional home office in this state. Applications for companies that were not approved in the immediate preceding year shall be received by the commissioner by December 31 of the year immediately preceding the year for which the application for qualification is being made. Applications for companies that were approved in the immediate preceding year shall be received by the commissioner by March 1 of the year for which qualification is being made. Applications for companies that were approved in the immediate preceding year received through March 31 shall pay a late charge of one hundred dollars per day for each day after March 1 that any such application is received by the commissioner. Applications received after March 31 shall be denied. The provisions of subsection (2) of this section shall not apply to companies maintaining a home office or regional home office in this state.
(IV) Subsections (1)(b)(I)(B), (1)(b)(II), (1)(b)(II.5), (1)(b)(II.7), and (1)(b)(III) of this
section and this subsection (1)(b)(IV) are repealed, effective December 31, 2026.
(c) The taxes prescribed in paragraph (b) of this subsection (1) shall
constitute all taxes collectible under the laws of this state against any such insurance companies, and no other occupation tax or other taxes shall be levied or collected from any insurance company by any county, city, or town within this state, but this title (except article 15) and article 14 of title 24, C.R.S., shall not be construed to prohibit the levy and collection of state, county, school, and municipal taxes upon the real and personal property of such companies, nor shall it include or prohibit the levy and collection of a tax to be paid on net workers' compensation premiums, as provided under the Colorado Medical Disaster Insurance Fund Act, part 3 of article 46 of title 8, C.R.S.
(d) (I) All fraternal and benevolent associations organized under the laws of
this state and doing business in this state shall be exempt from the provisions of this section.
(II) and (III) Repealed.
(IV) Except to the extent provided in subsection (2) of this section, the tax
imposed by this section shall not apply to premiums collected or contracted for after December 31, 1968, on policies or contracts issued in connection with a pension, profit sharing, or annuity plan established by an employer for employees if contributions by such employer thereunder are deductible by such employer in determining such employer's net income as defined in section 39-22-304, and shall not apply to premiums collected or contracted for after December 31, 1968, on policies or contracts purchased for an employee by an employer if such employer is exempt under section 39-22-112 from the tax imposed by article 22 of title 39, or is a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state. The tax imposed by this section shall not apply to annuity considerations collected or contracted for after December 31, 1976, except to the extent provided in subsection (2) of this section and except for taxes that are due and payable for the calendar year 2021 and each calendar year thereafter, this exemption only applies to annuity considerations that are used as qualified funding assets under section 130 of the internal revenue code or annuity considerations that are purchased in connection with:
(A) A plan under section 401 (a) of the federal Internal Revenue Code of
1986, as amended;
(B) A Roth 401(k) under section 402A of the federal Internal Revenue Code
of 1986, as amended;
(C) A tax-sheltered annuity plan under section 403 (b) of the federal
Internal Revenue Code of 1986, as amended;
(D) An individual retirement account under section 408 (a) of the federal
Internal Revenue Code of 1986, as amended;
(E) An individual retirement annuity under section 408 (b) of the federal
Internal Revenue Code of 1986, as amended;
(F) A simplified employee pension under section 408 (k) of the federal
Internal Revenue Code of 1986, as amended;
(G) A simple retirement account under section 408 (p) of the federal
Internal Revenue Code of 1986, as amended;
(H) A deferred compensation plan under section 457 of the federal Internal
Revenue Code of 1986, as amended;
(I) A Roth 457 under section 457 of the federal Internal Revenue Code of
1986, as amended; and
(J) A qualified retirement plan not specified in this subsection (1)(d)(IV) or a
Roth version of any qualified retirement plan.
(V) Repealed.
(e) The taxes provided for in this section shall be due and payable on the first
day of March in each year. Any company failing or refusing to render such statement and information, or to pay taxes as specified in this section, for more than thirty days after the time specified, shall be liable to a penalty of up to one hundred dollars for each additional day of delinquency, to be assessed by the commissioner. If the tax paid is less than the full amount prescribed by this section, interest at the rate of one percent per month or fraction thereof on the unpaid amount shall be charged from the date on which payment was due to the date on which full payment is made, and a penalty of up to twenty-five percent of the unpaid amount may be assessed by the commissioner. The commissioner may suspend the certificate of authority of a delinquent company until such taxes and penalty, should any penalty be imposed, are fully paid.
(f) In computing assets for the purpose of this section, the investments of
any such company in the bonds, notes, or other obligations of the United States of America, or any instrumentality of the United States, the obligations of which are guaranteed by the United States, and deferred or uncollected insurance premiums and annuity considerations shall first be deducted. Any company claiming entitlement to any reduced rate provided in this section shall present such evidence in justification of its claim as may be required by the commissioner.
(g) Repealed.
(2) When, by the laws of any other state, any taxes and fees in the
aggregate, fines, penalties, deposits of money or securities or other obligations, prohibitions, or requirements are imposed upon insurers organized under any law of this state and transacting business in such other state, or upon the agents of such insurer, greater in aggregate amount than those imposed upon similar insurers by the laws of this state, or when the laws of any other state require insurers of this state to deposit money or security for the benefit or protection of citizens of such other state, or when the laws or officers of any other state prohibit insurers of this state from transacting business therein without a special examination of the insurers or a computation of their liabilities by the officers of that state, the same taxes and fees in the aggregate, fines, penalties, deposits, examinations, obligations, and requirements may be imposed by the commissioner upon all insurers doing business in this state that are incorporated or organized under the laws of such other state and upon their agents. For the purpose of this section, an alien insurer may be deemed to be domiciled in a state designated by it wherein it has established its principal office or agency in the United States or maintains the largest amount of its assets. If no such office or agency is established, its domicile is the country under laws of which it is formed.
(3) (a) Anything in subsection (1) of this section to the contrary
notwithstanding, any insurance company doing business in this state which was liable for payment of more than five thousand dollars in taxes, as provided in this section, during the preceding calendar year shall, on and after January 1, 1971, pay quarterly estimates of such taxes as provided in paragraphs (b) to (d) of this subsection (3).
(b) Such estimated taxes shall become due and payable on the last day of
the month following the close of any calendar quarter of the year, except for the fourth quarter which shall be due March 1 and shall include adjustments for the preceding calendar year. Any company failing or refusing to pay such estimated taxes for more than thirty days after the time specified shall be liable to a penalty of up to one hundred dollars for each additional day of delinquency, to be assessed by the commissioner. Failure of a company to make quarterly payments, if required, each payment to be of at least one-fourth of either the total tax paid during the preceding calendar year or eighty percent of the actual quarterly tax for the current calendar year, whichever is lesser, shall be considered and treated the same as a failure or refusal to pay the estimated taxes and shall subject the company to the penalties provided in this subsection (3)(b). The amount of estimated taxes and the penalties collected shall be paid to the division of insurance, and the commissioner may suspend the certificate of authority of such delinquent company until such estimated taxes and penalty, should any penalty be imposed, are fully paid.
(c) Estimated taxes paid pursuant to this subsection (3) shall be based on the
estimated amount of taxable premiums during the preceding calendar quarter. Calendar quarter estimates of taxes may include adjustments for any previous calendar quarter estimates of taxes and allowable tax credits claimed by the company in accordance with part 1 of article 3.5 of this title 10, part 2 of article 36 of title 24, part 2 of article 46 of title 24, part 21 of article 22 of title 39, or any other law authorizing a credit against premium tax liability. Estimated taxes shall be paid on the basis of such adjusted estimates.
(d) (I) Adjustments in payments of estimated taxes for any calendar year
shall be made at the time of the filing of the annual statement required under section 10-3-208 and the payment of taxes required by this section. If, upon the filing of the annual statement, a company has overpaid its taxes for any calendar year, the company may either apply the overpayment to its calendar quarter estimates of taxes in a subsequent calendar year or claim a refund for the amount of the overpayment. If a company claims a refund, it shall file for such refund at the time of filing such annual statement, and, if the commissioner claims a deficiency, the commissioner shall notify the deficient company thereof.
(II) In calculating the amount of a refund claimed pursuant to subsection
(3)(d)(I) of this section, the value of a nonrefundable tax credit claimed by the company must be applied first to the company's total tax liability, prior to applying any other payment made by the company regardless of the order in which such payments or credits were received. The refund must not exceed the total amount of any additional payments made by the company.
(4) (a) The division of insurance shall transmit all taxes, penalties, and fines it
collects under this section to the state treasurer for deposit in the general fund; except that the state treasurer shall deposit amounts in the specified cash funds as follows:
(I) In the division of insurance cash fund created in section 10-1-103 (3), an
amount that is equal to the general assembly's appropriation from the fund to the division for its direct and indirect expenditures less the total fee revenue that is deposited in the fund; except that the amount deposited in the fund under this subparagraph (I) shall not exceed five percent of all taxes collected under this section;
(II) In the wildfire emergency response fund created in section 24-33.5-1226
and the wildfire preparedness fund created in section 24-33.5-1227, the amount of the taxes, penalties, and fines that the general assembly appropriates to each of the cash funds; and
(III) Repealed.
(b) Repealed.
(5) For the purpose of auditing a company's tax statement, the commissioner
or the commissioner's designee, which may include an independent examiner under section 10-1-204 (6), has the power to examine any books, papers, records, agreements, or memoranda bearing upon the matters required to be included in the tax statement. Such books, papers, records, agreements, or memoranda shall be made available upon request to the commissioner's office or the commissioner's designee.
(6) (a) All taxes, penalties, fines, fees, and associated filings required under
this section must be submitted to the division through a secure web-based application system identified by the division. The commissioner may enter into a contract with a qualified third party, including the National Association of Insurance Commissioners, for a secure web-based application system that would allow premium taxes paid by insurance companies to be filed for multiple states on a single web-based application system. The third party may charge the insurance company a nominal fee for this service that is reasonably related to the overall cost of the service of collecting filings and payments and transmitting those filings and payments to the division. A fee charged by the third party as part of this subsection (6) is not subject to section 10-3-207 or subsection (4)(a) of this section.
(b) Pursuant to article 4 of title 24, the commissioner may promulgate rules
necessary to implement, operate, and enforce this subsection (6).
(c) In contracting with a qualified third party for a secure web-based
application system described in this subsection (6), the commissioner is exempt from the Procurement Code, articles 101 to 112 of title 24.
(d) In submitting taxes, penalties, fines, fees, and associated filings required
under this section to the division, an insurance company shall identify the total annual dollar amount of premiums collected or contracted for on policies or contracts of insurance covering property or risks in Colorado during the previous calendar year from entities that are exempt from taxation pursuant to section 10-3-209 (1)(d)(IV).
Source: L. 13: p. 332, � 16. C.L. � 2486. L. 33: p. 636, � 1. CSA: C. 87, � 14. L.
41: p. 515, � 1. L. 53: p. 378, � 1. CRS 53: � 72-1-14. L. 55: p. 443, � 1. L. 59: p. 505, � 1. L. 60: p. 149, � 1. L. 61: p. 438, � 1. L. 63: p. 568, �� 1, 2. C.R.S. 1963: � 72-1-14. L. 65: p. 755, � 1. L. 69: pp. 504-506, �� 1-4, 1. L. 70: p. 243, � 1. L. 71: p. 694, � 1. L. 73: pp. 833, 834, �� 1, 2. L. 75: (1)(c) amended, p. 310, � 55, effective September 1. L. 77: (1)(d)(IV) amended, p. 504, � 1, effective June 21. L. 81: (1)(d)(IV) and (3)(b) amended, p. 525, � 1, effective May 13. L. 86: (1)(d)(V) added, p. 549, � 2, effective July 1. L. 87: (1)(d)(IV) amended, p. 1451, � 27, effective June 22. L. 90: (1)(c) amended, p. 558, � 14, effective July 1. L. 92: (1)(b)(II), (1)(c), and (4) amended, p. 1548, � 38, effective May 20. L. 95: (1)(b)(I) amended, p. 490, � 4, effective May 16. L. 96: (1)(a) and (1)(b) amended, p. 551, � 1, effective April 24. L. 97: (5) added, p. 531, � 4, effective April 24. L. 2000: (1)(a) amended, p. 1616, � 2, effective August 2. L. 2003: (1)(a) amended, p. 616, � 9, effective July 1. L. 2004: (1)(c) amended, p. 900, � 15, effective May 21. L. 2012: (1)(c) amended, (HB 12-1266), ch. 280, p. 1505, � 28, effective July 1. L. 2013: (4) amended, (SB 13-270), ch. 250, p. 1316, � 5, effective May 23. L. 2014: (4)(a) amended, (HB 14-1195), ch. 117, p. 418, � 1, effective July 1. L. 2016: (1)(b) amended, (SB 16-165), ch. 278, p. 1145, � 1, effective January 1, 2017. L. 2019: (4)(a) amended, (HB 19-1168), ch. 204, p. 2187, � 2, effective May 17. L. 2020: (4)(a)(III) amended, (SB 20-215), ch. 201, p. 1001, � 10, effective June 30. L. 2020, 1st Ex. Sess.: (3)(b), (3)(c), and (3)(d) amended, (HB 20B-1006), ch. 5, p. 31, � 1, effective December 7. L. 2021: (1)(a) amended, (HB 21-1311), ch. 298, p. 1786, � 12, effective June 23; IP(1)(b)(II), (1)(d)(IV), and (5) amended and (1)(b)(II.5) and (1)(b)(II.7) added, (HB 21-1312), ch. 299, p. 1789, � 2, effective July 1. L. 2023: (1)(d)(II), (1)(d)(III), and (1)(g) repealed, (HB 23-1121), ch. 35, p. 118, � 1, effective August 7. L. 2024: (6) added, (HB 24-1119), ch. 38, p. 137, � 2, effective March 22; (4)(a)(III)(A) amended and (4)(a)(III)(C) added, (HB 24-1470), ch. 491, p. 3446, � 2, effective June 7. L. 2025: (6)(d) added, (HB 25-1296), ch. 202, p. 912, � 3, effective May 16. L. 2025, 1st Ex. Sess.: IP(1)(b)(I) and (1)(b)(I)(B) amended and (1)(b)(IV) added, (HB 25B-1003), ch. 7, p. 24, � 2, effective August 28.
Editor's note: (1) Subsection (1)(d)(V)(B) provided for the repeal of subsection
(1)(d)(V), effective July 1, 1989. (See L. 86, p. 549.)
(2) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective
July 1, 2014. (See L. 2013, p. 1316.)
(3) Subsection (4)(a)(III)(C) provided for the repeal of subsection (4)(a)(III),
effective July 1, 2025. (See. L. 2024, p. 3446.)
Cross references: (1) For required equality as to liabilities under subsection
(1)(b) imposed by statute on domestic and foreign corporations, see article 115 of title 7; for legal effect, when discrimination exists, see American Smelting & Refining v. Colorado, 204 U.S. 103, 27 S. Ct. 198, 51 L. Ed. 393; for annual financial statements, see � 10-3-208.
(2) For the legislative declaration in HB 21-1311, see section 1 of chapter 298,
Session Laws of Colorado 2021. For the legislative declaration in HB 21-1312, see section 1 of chapter 299, Session Laws of Colorado 2021. For the legislative declaration in HB 24-1119, see section 1 of chapter 38, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1296, see section 1 of chapter 202, Session Laws of Colorado 2025. For the legislative declaration in HB 25B-1003, see section 1 of chapter 7, Session Laws of Colorado 2025, First Extraordinary Session.
C.R.S. § 10-3-514.5
10-3-514.5. Immunity and indemnification of receiver and employees - applicability. (1) For the purposes of this section, the persons entitled to protection are:
(a) All receivers responsible for the conduct of a delinquency proceeding
under this part 5 including present and former receivers; and
(b) Their employees, meaning all present and former special deputies and
assistant special deputies appointed by the commissioner and all persons whom the commissioner, special deputies, or assistant special deputies have employed to assist in a delinquency proceeding under this part 5. Attorneys, accountants, auditors, and other professional persons or firms who are retained by the receiver as independent contractors and their employees shall not be considered employees of the receiver for purposes of this section.
(2) The receiver and his employees shall have official immunity and shall be
immune from suit and liability, both personally and in their official capacities, for any claim for damage to or loss of property or personal injury or other civil liability caused by or resulting from any alleged act, error, or omission of the receiver or any employee arising out of or by reason of their duties or employment; except that nothing in this subsection (2) shall be construed to hold the receiver or any employee immune from suit and liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the receiver or of any employee.
(3) If any legal action is commenced against the receiver or any employee,
whether against him personally or in his official capacity, alleging property damage, property loss, personal injury, or other civil liability caused by or resulting from any alleged act, error, or omission of the receiver or any employee arising out of or by reason of their duties or employment, the receiver and any employee shall be indemnified from the assets of the insurer for all expenses, attorney fees, judgments, settlements, decrees, or amounts due and owing or paid in satisfaction of or incurred in the defense of such legal action unless it is determined upon a final adjudication on the merits that the alleged act, error, or omission of the receiver or employee giving rise to the claim did not arise out of or by reason of his duties or employment, or was caused by intentional or willful and wanton misconduct.
(4) Attorney fees and any and all related expenses incurred in defending a
legal action for which immunity or indemnity is available under this section shall be paid from the assets of the insurer, as they are incurred, in advance of the final disposition of such action upon receipt of an undertaking by or on behalf of the receiver or employee to repay the attorney fees and expenses if it shall ultimately be determined upon a final adjudication on the merits that the receiver or employee is not entitled to immunity or indemnity under this section.
(5) Any indemnification for expense payments, judgments, settlements,
decrees, attorney fees, surety bond premiums, or other amounts paid from the insurer's assets pursuant to this section shall be an administrative expense of the insurer.
(6) In the event of any actual or threatened litigation against a receiver or
any employee for which immunity or indemnity may be available under this section, a reasonable amount of funds which in the judgment of the commissioner may be needed to provide immunity or indemnity shall be segregated and reserved from the assets of the insurer as security for the payment of indemnity until such time as all applicable statutes of limitation have run and all actual or threatened actions against the receiver or any employee have been completely and finally resolved and all obligations of the insurer and the commissioner under this section have been satisfied.
(7) In lieu of segregation and reservation of funds, the commissioner may, in
the commissioner's discretion, obtain a surety bond or make other arrangements which will enable the commissioner to fully secure the payment of all obligations under this section.
(8) If any legal action against an employee for which indemnity may be
available under this section is settled prior to final adjudication on the merits, the insurer shall pay the settlement amount on behalf of the employee, or indemnify the employee for the settlement amount, unless the commissioner determines:
(a) That the claim did not arise out of or by reason of the employee's duties
or employment; or
(b) That the claim was caused by the intentional or willful and wanton
misconduct of the employee.
(9) In any legal action in which the receiver is a defendant, that portion of any
settlement relating to the alleged act, error, or omission of the receiver shall be subject to the approval of the court before which the delinquency proceeding is pending. The court shall not approve that portion of the settlement if it determines:
(a) That the claim did not arise out of or by reason of the receiver's duties or
employment; or
(b) That the claim was caused by the intentional or willful and wanton
misconduct of the receiver.
(10) Nothing contained or implied in this section shall operate, or be
construed or applied, to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights, or any defense otherwise available.
(11) (a) Subsection (2) of this section shall apply to any suit based in whole or
in part on any alleged act, error, or omission occurring on or after July 1, 1992.
(b) No legal action shall lie against the receiver or any employee based in
whole or in part on any alleged act, error, or omission which took place prior to July 1, 1992, unless suit is filed and valid service of process is obtained within twelve months after July 1, 1992.
(c) Subsections (3) to (9) of this section shall apply to any suit which is
pending on or filed after July 1, 1992, without regard to when the alleged act, error, or omission took place.
Source: L. 92: Entire part R&RE, p. 1442, � 14, effective July 1.
C.R.S. § 10-4-110.8
10-4-110.8. Homeowner's insurance - prohibited and required practices - estimates of replacement value - additional living expense coverage - copies of policies - personal property contents coverage - inventory of personal property - requirements concerning total loss scenarios resulting from wildfire disasters - definitions - rules. (1) An insurer may not cancel or fail to renew coverage of an insured solely because the insured inquires about coverage for homeowner's insurance and the inquiry is not related to an actual claim to the property insured.
(2) An insurer may only provide information regarding claims to an entity
that compiles or monitors personal claim or loss experience shared by insurers for underwriting or rating purposes.
(3) As used in this section, unless the context otherwise requires:
(a) Additional living expense coverage or ALE covers increased living
expenses during the time required to repair or replace damage to the policyholder's dwelling unit following an insured loss or, if the policyholder permanently relocates, the time required to move the policyholder's household to a new location.
(b) Claim includes a demand for payment of a benefit by the insured, the
payment of a covered benefit by an insurer, a loss reserve established by the insurer, a loss adjustment expense incurred by the insurer, or a payment made to the insured.
(c) Dwelling means a single-family home, other than a mobile home,
condominium, or manufactured home, that is used as a primary residence by the owner of the dwelling.
(d) Extended replacement cost coverage pays a designated amount above
the policy limit to replace a damaged structure if necessary under current building conditions.
(d.7) Inflation protection coverage means coverage that provides
automatic adjustments of the coverage amount on the dwelling or structure being insured to protect against the impact of inflation.
(e) Inquiry means a request for information regarding the terms, conditions,
or coverages afforded under an insurance contract.
(f) Law and ordinance coverage means coverage for increased costs of
demolition, construction, renovation, or repair associated with the enforcement of building ordinances and laws.
(g) (I) Owner-occupied residence means a residence that is occupied
primarily for the use of the owner and the owner's designees.
(II) Owner-occupied residence includes, but is not limited to, an owner-occupied primary residence.
(III) Owner-occupied residence does not include any property that is
insured under a commercial insurance or agribusiness policy.
(h) Recoverable depreciation means the difference between the cost to
replace insured property and the actual cash value of the property.
(i) Wildfire means a rapidly spreading fire that is difficult to bring under
control in an area that includes combustible vegetation, such as trees, grass, brush, or bushes, which fire causes widespread or severe damage to property, regardless of the original source of ignition of the fire.
(4) Every insurer issuing a policy of homeowner's insurance shall comply
with section 10-3-1104 (1)(h) and all other provisions of part 11 of article 3 of this title.
(5) (a) In a common interest community, as defined in section 38-33.3-103
(8), C.R.S., a unit owner may file a claim against the policy of the unit owners' association to the same extent, and with the same effect, as if the unit owner were a named insured if the following conditions are met:
(I) The unit owner has contacted the executive board or the association's
managing agent in writing, and in accordance with any applicable association policies or procedures for owner-initiated insurance claims, regarding the subject matter of the claim;
(II) The unit owner has given the association at least fifteen days to respond
in writing, and, if so requested, has given the association's agent a reasonable opportunity to inspect the damage; and
(III) The subject matter of the claim falls within the association's insurance
responsibilities.
(b) The association's insurer, when determining premiums to be charged to
the association, shall not take into account any request by a unit owner for a clarification of coverage.
(6) (a) (I) Before issuance or renewal of a replacement-cost homeowner's
insurance policy whose dwelling limit is equal to or greater than the estimated replacement cost of the residence, the insurer shall make available to an applicant the opportunity to obtain extended replacement-cost coverage and law and ordinance coverage. At a minimum, the insurer shall offer law and ordinance coverage in an amount of insurance equal to twenty percent of the limit of the insurance for the dwelling and extended replacement-cost coverage in an amount of insurance that is at least fifty percent of the limit of the insurance for the dwelling. Information provided must be accompanied by an explanation of the purpose, terms, and cost of these coverages. This subsection (6)(a) does not apply to any homeowner's insurance policy that already includes guaranteed replacement cost coverage, inflation protection coverage, extended replacement-cost coverage, or law and ordinance coverage in amounts greater than or equal to the amounts specified in this subsection (6)(a).
(II) No later than January 1, 2025, and as prescribed by the commissioner by
rule, the insurer shall:
(A) List on the declaration page of the policy, in bold and in twelve-point
type, whether a consumer purchased or rejected the additional coverages listed in this subsection (6)(a); and
(B) Provide the premium cost associated with the rejected additional
coverages listed in this subsection (6)(a) in a separate notice with the application or renewal of the policy.
(b) All homeowner's insurance replacement-cost policies for a dwelling must
include additional living expense coverage. This coverage must be available for a period of at least twelve months and is subject to other policy provisions. Insurers shall offer policyholders the opportunity to purchase a total of twenty-four months of ALE coverage and give an applicant an explanation of the purpose, terms, and cost of this coverage. This paragraph (b) does not apply to any homeowner's insurance policy that already includes at least twenty-four months of ALE coverage as a standard provision.
(7) (a) The text of all endorsements, summary disclosure forms, and
homeowner's insurance policies must not exceed the tenth-grade reading level, as measured by the Flesch-Kincaid grade level formula, or must not score less than fifty as measured by the Flesch reading ease formula. Insurers shall revise all homeowner's insurance policies issued or renewed in Colorado on or after January 1, 2015, to comply with this subsection (7). Thereafter, all homeowner's insurance policies must comply with this subsection (7).
(b) For the purposes of this subsection (7):
(I) A contraction, hyphenated word, or numbers and letters, when separated
by spaces, count as one word;
(II) A unit of words ending with a period, semicolon, or colon, but excluding
headings and captions, count as a sentence; and
(III) A syllable means a unit of spoken language consisting of one or more
letters of a word as divided by an accepted dictionary. If the dictionary shows two or more equally acceptable pronunciations of a word, a pronunciation containing fewer syllables may be used.
(IV) Text includes all printed matter except the following:
(A) The name and address of the insurer; the name, number, or title of the
policy; the table of contents or index; captions and subcaptions; and specification pages, schedules, or tables; and
(B) Any policy language that is drafted to conform to the requirements of a
federal law or regulation; any policy language required by a collectively bargained agreement; any medical terminology; any words that are defined in the policy; and any policy language required by law or regulation if the insurer identifies the language or terminology excepted and certifies in writing that the language or terminology is entitled to be excepted.
(8) The insurer must consider the following factors as a basis for
establishing the reconstruction cost of a dwelling:
(a) The reconstruction cost estimated from the annual report prepared
pursuant to section 10-1-144;
(b) The reconstruction cost estimating software used and the software
estimate;
(c) Specific reconstruction expenses, including:
(I) Labor, building materials, and supplies;
(II) A contractor's overhead and profit;
(III) Demolition and debris removal;
(IV) Cost of permits and architect's plans and fees; and
(V) Features of the structure, including:
(A) The foundation type;
(B) The type of frame;
(C) Roofing materials and type of roof;
(D) Siding materials and type of siding;
(E) Square footage;
(F) Number of stories;
(G) Any wall heights that are not standard;
(H) Interior features and finishes, such as the heating and air conditioning
system, walls, flooring, ceiling, fireplaces, kitchen, and bathrooms;
(I) The age of the original structure or the year of the original structure's
construction; and
(J) The size and type of any attached garage; and
(d) An estimate from a contractor or an architect licensed pursuant to article
120 of title 12, if submitted by the policyholder.
(9) At renewal of a homeowner's insurance policy, the insurer shall provide
written notification to the policyholder describing changes in insurance policy language that are applicable to that renewal period.
(9.5) (a) At application and renewal of a replacement-cost homeowner's
insurance policy for a dwelling that is issued or renewed on and after January 1, 2025, the insurer shall:
(I) Provide the applicant or policyholder with an estimate of the cost
necessary to reconstruct the covered structure;
(II) Disclose to the applicant or policyholder, in a form and manner prescribed
by the commissioner by rule:
(A) How the estimate was calculated, taking into account the factors listed
in subsection (8) of this section; and
(B) The reconstruction costs for homes as detailed in the annual report
required in section 10-1-144 for the same geographic area of the insured's home;
(III) Provide copies of any generated estimates from any software or tools or
services used by the insurer to establish the reconstruction costs; and
(IV) Provide the applicant or policyholder with the web address of, or a link
to, the report prepared pursuant to section 10-1-144.
(b) An insurer otherwise subject to this subsection (9.5) does not have to
comply with the requirements of this subsection (9.5) if:
(I) Within the two years prior to the offer of renewal of the homeowner's
insurance policy, the policyholder has requested and the insurer has provided coverage limits greater than the limits previously selected by the policyholder; or
(II) In connection with its annual offer to renew the policy, the insurer has
offered the policyholder, on an every-other-year basis, the right to recalculate the reconstruction cost estimate, and the policy includes inflation protection coverage.
(10) (a) A homeowner's insurance carrier shall make available to a
policyholder an electronic or paper copy of the policyholder's insurance policy, including the declaration page and any endorsements, within three business days after a request from the policyholder. The policyholder shall determine the method of delivery.
(b) A homeowner's insurance carrier shall make available to a policyholder a
certified copy of the policyholder's insurance policy within thirty calendar days after a written request from the policyholder is received by the insurance carrier's registered agent.
(c) (I) A homeowner's insurance carrier that fails to make available a certified
copy of an insurance policy to a requesting policyholder within thirty calendar days pursuant to subsection (10)(b) of this section is liable to the requesting policyholder for a penalty in the amount of fifty dollars per day, beginning on the thirty-first calendar day after the insurance carrier's registered agent receives the policyholder's request. The penalty accrues daily until the insurance carrier makes the certified copy of the homeowner's insurance policy available to the requesting policyholder.
(II) A homeowner's insurance carrier that violates subsection (10)(b) of this
section is responsible for reasonable attorney fees and costs that a requesting policyholder incurs enforcing this subsection (10)(c).
(11) (a) In the event of a total loss of the contents of an owner-occupied
primary residence that was furnished at the time of loss, the insurer shall offer the policyholder a minimum of thirty percent, or a larger percent by mutual agreement of the policyholder and insurer, of the value of the contents coverage reflected in the declaration page of the homeowner's policy without requiring submittal of a written inventory of the contents. In order to receive up to the full value of the contents coverage, the policyholder may accept the offer under this paragraph (a) and submit a written inventory as required by the insurer.
(b) If the policyholder receives the depreciated value of contents insured
under a policy, the insurer must make available to the insured the methodology used for determining the depreciated value of the insured contents.
(c) (I) An insurer shall allow the policyholder at least three hundred sixty-five
days after a total loss claim to submit an inventory of lost or damaged property.
(II) An insurer shall allow the policyholder at least three hundred sixty-five
days after expiration of ALE to replace property and receive recoverable depreciation on that property.
(12) (a) Notwithstanding any provision of a homeowner's insurance policy
that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law, a homeowner may file such a suit within the period of time allowed by the applicable statute of limitations; except that this paragraph (a):
(I) Does not revive a cause of action that, as of May 10, 2013, has already
been barred by contract; and
(II) Applies only to a cause of action that, as of May 10, 2013, has not been
barred by contract.
(b) On and after January 1, 2014, an insurer shall not issue or renew a
homeowner's insurance policy that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law.
(13) In offering, issuing, or renewing a homeowner's insurance policy in this
state, an insurer shall comply with the following minimum requirements concerning coverage provided under the policy to policyholders to protect them from damages that occur in the event of a total loss of an owner-occupied residence, including the contents of the owner-occupied residence, which loss occurs as a result of a wildfire disaster that the governor declares pursuant to section 24-33.5-704:
(a) A policy of homeowner's insurance may not limit or deny a payment of the
building code upgrade cost or a payment of any extended replacement cost available under the policy coverage for a policyholder's structure that was a total loss on the basis that the policyholder decided to rebuild in a new location or to purchase an existing structure in a new location if the policy otherwise covers the replacement cost or building code upgrade cost; except that the measure of indemnity may not exceed the replacement cost, including the upgrade costs and extended replacement cost for repairing, rebuilding, or replacing the structure at the original location of the loss.
(b) If a policy of homeowner's insurance requires a policyholder to repair,
rebuild, or replace damaged or lost property in order to collect the full replacement cost for the property, the insurer, subject to the policy limits, shall:
(I) Allow the policyholder at least thirty-six months to submit receipts and
invoices for the replacement costs of the insured owner-occupied residence, which period begins on the date upon which the insurer provides the initial payment toward the actual cash value of the damage or loss; and
(II) Provide that, in addition to the period described in subsection (13)(b)(I) of
this section, the policyholder has the option to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters unavoidable delays in obtaining a construction permit, lacks necessary construction materials, lacks available contractors to perform necessary work, or encounters other circumstances beyond the policyholder's control. This subsection (13)(b)(II) does not prohibit an insurer from allowing a policyholder additional time to collect the full replacement cost for lost or damaged property or for additional living expenses.
(c) The policy must include additional living expense coverage to apply in the
event of such a loss. Notwithstanding subsection (6)(b) of this section, additional living expense coverage must be available for a period of at least twenty-four months, and the insurer shall offer the policyholder the opportunity to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters a delay or delays in receiving necessary permit approvals for, or reconstruction of, the insured owner-occupied residence, which delays are beyond the control of the policyholder.
(d) The policy must provide that, notwithstanding subsection (11)(c) of this
section, to replace personal property and receive recoverable depreciation on that property, an insurer shall allow the policyholder the greater of:
(I) At least three hundred sixty-five days after the expiration of ALE; or
(II) Thirty-six months after the insurer provides the policyholder the first
payment toward the actual cash value of such loss.
(e) The policy must provide that the insurer will pay the policyholder for the
loss of use of the insured property within twenty days after the insurer receives documentation of such loss, which documentation may include a signed lease that obligates the policyholder to pay for temporary replacement housing; except that:
(I) If a policyholder provides a signed lease as documentation, the insurer
may pay the policyholder in monthly or other increments, in accordance with the terms of the lease; and
(II) Alternatively, an insurer may provide advance rent payments for housing
for the policyholder, family members, livestock, and pets, as necessary.
(f) The policy must provide that the policyholder may either:
(I) Replace the insured owner-occupied residence at the current location or
another location, in either of which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the replacement residence is located; or
(II) Use the proceeds from the policy to purchase an existing residence at a
new location, in which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the existing residence is located.
(g) The policy must allow a policyholder to use claims payments resulting
from coverage against the loss of outbuildings, dwelling extensions, and other structures to pay the costs of a replacement residence if the coverage limit that applies to the policyholder's owner-occupied residence is insufficient to pay for rebuilding or replacing the owner-occupied residence. Any claims payments for losses pursuant to this subsection (13)(g) for which replacement cost coverage is applicable shall be for the full replacement value of the loss without requiring actual replacement of the other structures. Claims payments for other structures in excess of the amount applied toward the necessary cost to rebuild or replace the damaged or destroyed dwelling shall be paid according to the terms of the policy.
(h) Within a reasonable amount of time after receiving a claim under an
issued policy, an insurer shall provide to the policyholder:
(I) Appropriate contact information that allows for direct contact with either
an employee of the insurer or a representative who is capable of elevating complaints or inquiries to an employee of the insurer;
(II) At least one means of communication during regular business hours; and
(III) A written status report if, within a six-month period, the policyholder is
assigned a third or subsequent adjuster to be primarily responsible for a claim. The written status report must include a summary of any decisions or actions that are substantially related to the disposition of a claim, including the amount of losses to structures or contents, the retention or consultation of design or construction professionals, the amount of coverage for losses to structures or contents, and all items of dispute.
(14) If a homeowner's insurance policyholder experiences a total loss of the
contents of an owner-occupied residence that was documented as being furnished at the time of loss as a result of a wildfire disaster that is declared by the governor pursuant to section 24-33.5-704, the insurer shall:
(a) Notwithstanding subsection (11)(a) of this section, offer the policyholder a
minimum of sixty-five percent, or a larger percent by mutual agreement of the policyholder and insurer, of the limit of the contents coverage indicated in the declaration page of the policy without requiring the policyholder to submit a written inventory of the contents;
(b) Notify the policyholder that:
(I) Acceptance of the money described in subsection (14)(a) of this section
does not change the benefits available under the policy;
(II) Additional money may be available if the policyholder submits an
inventory; and
(III) The insurer is required, pursuant to subsection (11)(b) of this section, to
disclose its methodology for determining the depreciated value of the contents of insured property;
(c) (I) If the policyholder submits an inventory of personal property losses in
an amount that exceeds the amount paid to the policyholder pursuant to subsection (14)(a) of this section:
(A) Request any additional information concerning the inventory no later
than thirty days after receiving the inventory; and
(B) Provide payment for any covered and undisputed items within thirty days
after receiving the inventory.
(II) The commissioner shall adopt rules to simplify the process for
policyholders to submit an inventory for personal property losses and expedite reimbursement for such losses.
(d) Provide payment for covered costs associated with the removal of debris
within sixty days after receiving an invoice, receipt, or other documentation indicating the date and cost of the removal of the debris; except that, in cases where debris removal is conducted by, or in coordination with, governmental entities, payment for covered costs for removal of debris will be provided within a reasonable amount of time; and
(e) Provide payment for any covered loss of trees, shrubs, and landscaping
within thirty days after the insurer receives documentation of such loss, such as documentation from a reputable landscaping company, showing the number and nature of trees, shrubs, and landscaping features damaged or destroyed.
(15) The commissioner may adopt rules as necessary to implement this
section, including rules regarding:
(a) The information that insurers must consider in estimating reconstruction
costs;
(b) The use of reconstructing cost estimator tools and services; and
(c) The requirements to provide information in the summary disclosure form
to consumers that explains replacement cost coverage, actual cash value coverage, and the ability of consumers to purchase affordable coverage.
(16) (a) An insurer shall not refuse to issue, cancel, refuse to renew, or
increase a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on the breed or mixture of breeds of a dog that is kept at the dwelling, multifamily unit, or structure used as a residence.
(b) This subsection (16) does not prohibit an insurer from refusing to issue,
canceling, refusing to renew, or imposing a reasonable increase to a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on sound underwriting and actuarial principles on the basis that a particular dog kept at the dwelling, multifamily unit, or structure used as a residence is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.
(c) An insurer may not ask or otherwise inquire about the specific breed or
mixture of breeds of a dog that is kept at the dwelling except to ask if the dog is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.
(d) As used in this subsection (16), dwelling includes a dwelling unit as
defined in section 38-12-502 (3).
Source: L. 2004: Entire section added, p. 1972, � 3, effective August 4; entire
section added, p. 1981, � 2, effective January 1, 2005. L. 2005: (3) and (4) amended and (5) added, p. 1390, � 20, effective January 1, 2006. L. 2006: (5) amended, p. 1226, � 16, effective May 26. L. 2013: (12) added, (HB 13-1225), ch. 183, p. 672, � 2, effective May 10; (3) amended and (6) to (11) added, (HB 13-1225), ch. 183, p. 672, � 2, effective January 1, 2014. L. 2022: IP(3) and (3)(g) amended and (3)(h), (3)(i), (13), (14), and (15) added, (HB 22-1111), ch. 305, p. 2204, � 1, effective August 10. L. 2023: (3)(d.7) and (9.5) added and (6)(a) and (15) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective August 7; (16) added, (HB 23-1068), ch. 416, p. 2463, � 2, effective January 1, 2024; (8) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective January 1, 2025. L. 2025: (10) amended, (HB 25-1322), ch. 406, p. 2315, � 1, effective August 6; (16)(a) and (16)(b) amended, (HB 25-1207), ch. 224, p. 1025, � 1, effective August 6.
Editor's note: (1) Section 2(2) of chapter 406 (HB 25-1322), Session Laws of
Colorado 2025, provides that the act changing this section applies to requests made on or after August 6, 2025.
(2) Section 3(2) of chapter 224 (HB 25-1207), Session Laws of Colorado
2025, provides that section 1 of the act changing this section applies to insurance policies issued or renewed on or after August 6, 2025.
Cross references: (1) In 2013, subsection (3) was amended and subsections
(6) to (12) were added by the Homeowner's Insurance Reform Act of 2013. For the short title, see section 1 of chapter 183, Session Laws of Colorado 2013.
(2) For the legislative declaration in HB 23-1068, see section 1 of chapter
416, Session Laws of Colorado 2023.
C.R.S. § 10-4-122
10-4-122. Market study - property and casualty insurance - associations of common interest communities and lodging facilities owners - definitions - report - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Admitted insurance means any property and casualty insurance written
by an insurer that holds a certificate of authority to conduct the business of insurance in Colorado.
(b) Association means a unit owners' association of a common interest
community, as defined in section 38-33.3-103 (3).
(c) Captive insurance company has the meaning set forth in section 10-6-103 (2).
(d) Common interest community has the meaning set forth in section 38-33.3-103 (8).
(e) Condominium unit has the meaning set forth in section 38-33-103 (1).
(f) Nonadmitted insurance has the meaning set forth in section 10-5-101.2
(10).
(g) Owner of lodging facilities or owner means a person that possesses
an ownership interest in:
(I) A hotel, as defined in section 44-3-103 (21); or
(II) A lodging facility.
(2) The commissioner shall conduct a study of the market for admitted
insurance policies issued by insurers to associations and to owners of lodging facilities. To the extent practicable, the study must include consideration of:
(a) Current market conditions, including:
(I) The availability of coverage, as differentiated by county or zip code, in the
markets for admitted insurance and nonadmitted insurance and through self-insured mechanisms, including captive insurance companies;
(II) The affordability of coverage, as differentiated by property value and by
county or zip code; and
(III) Identification of areas of Colorado with particular availability concerns;
(b) Recommendations regarding potential measures and programs to ensure
the long-term sustainability and availability of property and casualty insurance policies issued to associations and owners;
(c) Whether any captive insurance companies have been formed by an
association or an owner; and
(d) Whether the formation of a captive insurance company by an association
or an owner could impact current market conditions.
(3) (a) The commissioner may contract with a third party to conduct the
study required in subsection (2) of this section. The commissioner is not required to comply with the Procurement Code, articles 101 to 112 of title 24, for purposes of this subsection (3); except that the commissioner shall use a competitive process pursuant to the Procurement Code to select a third party to conduct the study.
(b) The commissioner and any third party conducting the study shall engage
with and seek input from insurers, consumer groups, and other interested parties.
(4) As part of the study, the commissioner may collect data from each
insurer in the markets for admitted insurance and nonadmitted insurance, including:
(a) The number and location of each association and owner in Colorado for
which the insurer provides coverage through a property and casualty insurance policy;
(b) The criteria used by the insurer to underwrite property and casualty
insurance policies issued to associations and owners;
(c) Combined loss and expense ratios incurred by the insurer from issuing
property and casualty insurance policies to associations and owners; and
(d) Any other data the commissioner identifies as relevant to evaluating
current market conditions and developing proposed availability and affordability solutions.
(5) Information submitted by an insurer pursuant to subsection (4) of this
section is subject to public inspection only to the extent allowed under the Colorado Open Records Act, part 2 of article 72 of title 24. The division and any third-party contractor shall not disclose trade secrets or confidential or proprietary information to any person that is not authorized to access the information.
(6) The commissioner shall prepare a report summarizing the results of the
study required by this section. On or before January 1, 2026, the commissioner shall submit the report to the joint budget committee, to the business affairs and labor committee of the house of representatives, and to the business, labor, and technology committee of the senate, or any successor committees. To the extent feasible, the commissioner may collect data concerning self-insured mechanisms, including captive insurance companies, and include such information in the report.
(7) This section is repealed, effective July 1, 2026.
Source: L. 2024: Entire section added, (HB 24-1108), ch. 312, p. 2097, � 1,
effective August 7.
C.R.S. § 10-4-1903
10-4-1903. Definitions. As used in this part 19, unless the context otherwise requires:
(1) Aggregator site means a website that provides access to information
regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping.
(2) Blanket travel insurance means travel insurance that:
(a) Is issued to an eligible group; and
(b) Provides coverage for specific classes of persons defined in the policy
with coverage provided to all members of the eligible group without requiring individual members of the eligible group to pay a charge.
(3) Cancellation fee waiver means a contractual agreement between a
supplier of travel services and its customer to waive some or all of the nonrefundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. A cancellation fee waiver is not insurance.
(4) Eligible group means, solely for the purposes of travel insurance, a
group of two or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including any of the following:
(a) An entity engaged in the business of providing travel or travel services,
including tour operators, lodging providers, vacation property owners, hotels, resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers, as defined in section 40-1-102 (3), or other operator, owner, or lessor of a means of transportation of passengers, including airlines, cruise lines, railroads, steamship companies, and public bus carriers, in which, with regard to any particular travel or type of travel or travelers, all members or customers of the group must have a common exposure to risks attendant to such travel;
(b) A college, school, or other institution of learning covering students,
teachers, employees, or volunteers;
(c) An employer covering any group of employees, volunteers, contractors,
board of directors, dependents, or guests;
(d) A sports team, camp, or sponsor of a sports team covering participants,
members, campers, employees, officials, supervisors, or volunteers;
(e) A religious, charitable, recreational, educational, or civic organization or
branch of the organization covering any group of members, participants, or volunteers;
(f) A financial institution or financial institution vendor, or a parent holding
company, trustee, or agent of, or designated by, one or more financial institutions or financial institution vendors, including account holders, credit card holders, debtors, guarantors, or purchasers;
(g) An incorporated or unincorporated association, including a labor union,
that has a common interest, constitution, and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of such association covering its members;
(h) Subject to the commissioner's permitting the use of a trust and the
state's premium tax provisions in section 10-4-1904, a trust or the trustees of a fund that is established, created, or maintained for the benefit of and covering members, employees, or customers of one or more associations meeting the requirements of subsection (4)(g) of this section;
(i) An entertainment production company covering any group of participants,
volunteers, audience members, contestants, or workers;
(j) A volunteer fire department, ambulance, rescue, police, court, or any first
aid, civil defense, or other similar volunteer group;
(k) A preschool, day care, or other care institution for children, adults, or
senior citizens;
(l) An automobile or truck rental or leasing company covering a group of
individuals who may become renters, lessees, or passengers, as defined by their travel status on the rented or leased vehicles; except that the policyholder is the common carrier; the operator, owner, or lessor of a means of transportation; or the automobile or truck rental or leasing company; or
(m) Any other group members that are engaged in a common enterprise or
have an economic, educational, or social affinity or relationship and to which issuance of a travel insurance policy would not be contrary to the public interest, as determined by the commissioner.
(5) Fulfillment materials means documents sent to the purchaser of a
travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details.
(6) Group travel insurance means travel insurance issued to any eligible
group.
(7) Limited lines travel insurance producer has the meaning set forth in
section 10-2-414.5 (1)(a).
(8) Offer and disseminate has the meaning set forth in section 10-2-414.5
(1)(b).
(9) Primary certificate holder means a person that elects and purchases
travel insurance under a group travel insurance policy.
(10) Primary policyholder means an individual who elects and purchases
individual travel insurance.
(11) Travel administrator means a person who directly or indirectly
underwrites; collects charges, collateral, or premiums from; or adjusts or settles claims of Colorado residents in connection with travel insurance. The following persons are not considered travel administrators so long as they function only as follows:
(a) A person working for a travel administrator, to the extent that the
person's activities are subject to the supervision and control of the travel administrator;
(b) An insurance producer selling insurance or engaged in administrative and
claims-related activities within the scope of the producer's license;
(c) A travel retailer offering and disseminating travel insurance and
registered under the license of a limited lines travel insurance producer in accordance with section 10-2-414.5;
(d) An individual adjusting or settling claims in the normal course of the
individual's practice or employment as an attorney and who does not collect charges or premiums in connection with insurance coverage; or
(e) A business entity that is affiliated with a licensed insurer while acting as
a travel administrator for the direct and assumed insurance business of an affiliated insurer.
(12) (a) Travel assistance services means noninsurance services for which
the consumer is not indemnified based on a fortuitous event and where the provision of the service does not result in the transfer or shifting of risk that would constitute the business of insurance.
(b) Travel assistance services includes security advisories, destination
information, vaccination and immunization information services, travel reservation services, entertainment, activity and event planning, translation assistance, emergency messaging, international legal and medical referrals, medical case monitoring, coordination of transportation arrangements, emergency cash transfer assistance, medical prescription replacement assistance, passport and travel document replacement assistance, lost luggage assistance, concierge services, and any other service that is furnished in connection with planned travel.
(c) Travel assistance services is not insurance and is not related to
insurance.
(13) Travel insurance has the meaning set forth in section 10-2-414.5 (1)(c).
(14) Travel protection plan means a plan that provides one or more of the
following: Travel insurance, travel assistance services, and cancellation fee waivers.
(15) Travel retailer has the meaning set forth in section 10-2-414.5 (1)(d).
Source: L. 2024: Entire part added, (HB 24-1060), ch. 128, p. 430, � 2,
effective August 7.
C.R.S. § 10-5-111
10-5-111. Tax on premiums - filing system - division to contract with third parties - rules - definition. (1) Each surplus line broker and every person that enters into an independent procurement for nonadmitted insurance shall remit to the division a tax on the net premiums, exclusive of sums collected to cover federal and other state taxes and examination fees, on nonadmitted insurance subject to tax under this article during the preceding reporting period as shown by the statement filed with the commissioner. The net premiums must be taxed at the rates described in section 10-5-111.5.
(2) If a surplus line policy or independently procured policy covers an insured
whose home state is Colorado, and that policy covers risks or exposures located outside of Colorado, the tax payable is computed using the allocation method contained in section 10-5-111.5.
(3) (a) All taxes, penalties, fines, fees, and associated filings required
pursuant to this section must be submitted to the division through a secure web-based application system identified by the division. The commissioner may enter into a contract with a qualified third party, including the Florida Surplus Line Services Office, for a secure web-based application system that would allow taxpayers to file taxes for multiple states on a single web-based application system. The third party may charge the taxpayer a nominal fee for this service that is reasonably related to the overall cost of the service of collecting filings and payments and transmitting those filings and payments to the division. A fee charged by the third party as part of this subsection (3) is not subject to this section, section 10-3-207, section 10-3-209 (4)(a), or section 10-5-111.5 (1).
(b) Pursuant to article 4 of title 24, the commissioner may promulgate rules
necessary to implement, operate, and enforce this subsection (3).
(c) In contracting with a qualified third party for a secure web-based
application system described in this subsection (3), the commissioner is exempt from the Procurement Code, articles 101 to 112 of title 24.
(d) As used in this subsection (3), taxpayer means a person subject to tax
under this section 10-5-111.
Source: L. 49: p. 470, � 10. CSA: C. 87, � 327. CRS 53: � 72-14-10. C.R.S.
1963: � 72-13-10. L. 92: (1) amended, p. 1761, � 2, effective February 28. L. 2012: Entire section amended, (HB 12-1215), ch. 104, p. 353, � 4, effective August 8. L. 2024: (3) added, (HB 24-1119), ch. 38, p. 137, � 3, effective March 22.
Cross references: (1) For additional taxes required by this article 5, see � 10-3-209.
(2) For the legislative declaration in HB 24-1119, see section 1 of chapter 38,
Session Laws of Colorado 2024.
C.R.S. § 10-7-313.3
10-7-313.3. Valuation manual for policies issued on or after the operative date of the valuation manual - rules. (1) For policies issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under section 10-7-101 (2)(a)(IV), except as provided under subsection (5) or (7) of this section.
(2) The operative date of the valuation manual is January 1 of the first
calendar year following the first July 1 as of which all of the following have occurred:
(a) The valuation manual has been adopted by the NAIC by an affirmative
vote of at least forty-two members, or three-fourths of the members voting, whichever is greater.
(b) The Standard Valuation Law, as amended by the NAIC in 2009, or
legislation including substantially similar terms and provisions, has been enacted by states representing greater than seventy-five percent of the direct premiums written as reported in the following annual statements submitted for 2008: Life, accident, and health annual statements; health annual statements; or fraternal annual statements.
(c) The Standard Valuation Law, as amended by the NAIC in 2009, or
legislation including substantially similar terms and provisions, has been enacted by at least forty-two of the following fifty-five jurisdictions: The fifty states of the United States, American Samoa, the American Virgin Islands, the District of Columbia, Guam, and Puerto Rico.
(3) Unless a change in the valuation manual specifies a later effective date,
changes to the valuation manual are effective on January 1 following the date when the change to the valuation manual has been adopted by the NAIC by an affirmative vote representing:
(a) At least three-fourths of the members of the NAIC voting, but not less
than a majority of the total membership; and
(b) Members of the NAIC representing jurisdictions totaling greater than
seventy-five percent of the direct premiums written as reported in the following annual statements most recently available prior to the vote in paragraph (a) of this subsection (3): Life, accident, and health annual statements; health annual statements; or fraternal annual statements.
(4) The valuation manual must specify all of the following:
(a) Minimum valuation standards for and definitions of the policies or
contracts subject to section 10-7-101 (2)(a)(IV). The minimum valuation standards must be:
(I) The commissioners reserve valuation method for life insurance contracts,
other than annuity contracts, subject to section 10-7-101 (2)(a)(IV);
(II) The commissioners annuity reserve valuation method for annuity
contracts subject to section 10-7-101 (2)(a)(IV); and
(III) Minimum reserves for all other policies or contracts subject to section
10-7-101 (2)(a)(IV).
(b) Which policies or contracts or types of policies or contracts that are
subject to the requirements of a principle-based valuation in section 10-7-313.4 (1) and the minimum valuation standards consistent with those requirements;
(c) For policies and contracts subject to a principle-based valuation under
section 10-7-313.4:
(I) Requirements for the format of reports to the commissioner under section
10-7-313.4 (2)(c), which reports must include information necessary to determine whether the valuation is appropriate and in compliance with this part 3;
(II) Assumptions for risks over which the company does not have significant
control or influence;
(III) Procedures for corporate governance and oversight of the actuarial
function, and a process for appropriate waiver or modification of the procedures;
(d) For policies not subject to a principle-based valuation under section 10-7-313.4, the minimum valuation standard must either:
(I) Be consistent with the minimum standard of valuation prior to the
operative date of the valuation manual; or
(II) Develop reserves that quantify the benefits, guarantees, and funding
associated with the contracts and their risks at a level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring;
(e) Other requirements, including those relating to reserve methods, models
for measuring risk, generation of economic scenarios, assumptions, margins, use of company experience, risk measurement, disclosure, certifications, reports, actuarial opinions and memorandums, transition rules, and internal controls; and
(f) The data and form of the data required under section 10-7-313.6, to whom
the data must be submitted, and the valuation manual may specify other requirements including data analyses and reporting of analyses.
(5) In the absence of a specific valuation requirement or if a specific
valuation requirement in the valuation manual is not, in the opinion of the commissioner, in compliance with this part 3, then the company shall, with respect to such requirements, comply with minimum valuation standards prescribed by the commissioner by rule.
(6) The commissioner may engage a qualified actuary, at the expense of the
company, to perform an actuarial examination of the company and opine on the appropriateness of any reserve assumption or method used by the company or to review and opine on a company's compliance with any requirement set forth in this part 3. The commissioner may rely upon the opinion, regarding provisions contained within this part 3, of a qualified actuary engaged by the commissioner of another state, district, or territory of the United States. As used in this subsection (6), the term engage includes employment and contracting.
(7) The commissioner may require a company to change any assumption or
method that in the opinion of the commissioner is necessary in order to comply with the requirements of the valuation manual or this part 3, and the company shall adjust the reserves as required by the commissioner. The commissioner may take other disciplinary action as permitted under this title.
Source: L. 2015: Entire section added, (HB 15-1048), ch. 63, p. 165, � 12,
effective August 5.
C.R.S. § 10-7-313.8
10-7-313.8. Confidentiality - definitions. (1) For purposes of this section:
(a) Confidential information means:
(I) A memorandum in support of an opinion submitted under section 10-7-114
and any other documents, materials, and other information, including all working papers and copies of working papers, that were created, produced, or obtained by or disclosed to the commissioner or any other person in connection with the memorandum;
(II) All documents, materials, and other information including all working
papers and copies of working papers, that were created, produced, or obtained by or disclosed to the commissioner or any other person in the course of an examination made under section 10-7-313.3 (6); except that, if an examination report or other material prepared in connection with an examination made under part 2 of article 1 of this title is not held as private and confidential information, an examination report or other material prepared in connection with an examination made under section 10-7-313.3 (6) is not confidential information to the same extent as if the examination report or other material had been prepared under part 2 of article 1 of this title;
(III) Any reports, documents, materials, and other information developed by a
company in support of or in connection with an annual certification by the company under section 10-7-313.4 (2)(b) that evaluate the effectiveness of the company's internal controls with respect to a principle-based valuation and any other documents, materials, and other information, including all working papers and copies of working papers, that were created, produced, or obtained by or disclosed to the commissioner or any other person in connection with the reports, documents, materials, and other information;
(IV) Any principle-based valuation report developed under section 10-7-313.4
(2)(c) and any other documents, materials, and other information, including all working papers and copies of working papers, that were created, produced, or obtained by or disclosed to the commissioner or any other person in connection with the report; and
(V) Experience data, experience materials, and any other documents,
materials, data, and other information, including all working papers and copies of working papers, created, produced, or obtained by or disclosed to the commissioner or any other person in connection with the experience materials.
(b) Experience data means any documents, materials, data, and other
information submitted by a company under section 10-7-313.6.
(c) Experience materials means experience data and any other documents,
materials, data, and other information, including all working papers and copies of working papers, created or produced in connection with the experience data, in each case that include any potentially company identifying or personally identifiable information that is provided to or obtained by the commissioner.
(2) Privilege for, and confidentiality of, confidential information. (a) Except
as provided in this section, a company's confidential information is confidential by law, privileged, not subject to part 2 of article 72 of title 24, C.R.S., not subject to subpoena, and not subject to discovery or admissible in evidence in any private civil action; except that the commissioner is authorized to use the confidential information in the furtherance of any regulatory or legal action brought against the company as a part of the commissioner's official duties.
(b) The commissioner or any person who received confidential information
while acting under the authority of the commissioner shall not be permitted or required to testify in any private civil action concerning any confidential information.
(c) (I) In order to assist in the performance of the commissioner's duties, the
commissioner may share confidential information:
(A) With other state, federal, and international regulatory agencies and with
the NAIC and its affiliates and subsidiaries; and
(B) In the case of confidential information specified in subparagraphs (I) and
(IV) of paragraph (a) of subsection (1) of this section only, with the actuarial board for counseling and discipline, or its successor, upon request stating that the confidential information is required for the purpose of professional disciplinary proceedings and with state, federal, and international law enforcement officials.
(II) The commissioner may share confidential information under sub-subparagraphs (A) and (B) of subparagraph (I) of this paragraph (c) only if the
recipient agrees, and has the legal authority to agree, to maintain the confidentiality and privileged status of the confidential information in the same manner and to the same extent as required for the commissioner.
(d) Except as provided in this section, the commissioner may receive
documents, materials, data, and other information, including otherwise confidential and privileged documents, materials, data, or information from the NAIC and its affiliates and subsidiaries, from regulatory or law enforcement officials of other foreign or domestic jurisdictions, and from the actuarial board for counseling and discipline, or its successor, and shall maintain as confidential or privileged any document, material, data, or other information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, data, or other information.
(e) The commissioner may enter into agreements governing sharing and use
of information consistent with this section.
(f) No waiver of any applicable privilege or claim of confidentiality in the
confidential information may occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in this section.
(g) A company may assert a privilege established under the law of any state
or jurisdiction that is substantially similar to the privilege established under this section, and the privilege shall be enforced in any proceeding in, and in any court of, this state.
(h) As used in this section, regulatory agency, law enforcement agency,
and the NAIC include their employees, agents, consultants, and contractors.
(3) Notwithstanding subsection (2) of this section, confidential information
specified in paragraphs (a) and (c) of subsection (1) of this section:
(a) May be subject to subpoena for the purpose of defending an action
seeking damages from the appointed actuary submitting the related memorandum in support of an opinion submitted under section 10-7-114 or principle-based valuation report developed under section 10-7-313.4 (2)(c) by reason of an action required by this part 3 or by rules promulgated under this part 3;
(b) May otherwise be released by the commissioner with the written consent
of the company; and
(c) Once any portion of a memorandum in support of an opinion submitted
under section 10-7-114 or a principle-based valuation report developed under section 10-7-313.4 (2)(c) is cited by the company in its marketing or is publicly volunteered to a governmental agency other than a state insurance department or is released by the company to the news media, all portions of the memorandum or report are no longer confidential.
Source: L. 2015: Entire section added, (HB 15-1048), ch. 63, p. 169, � 12,
effective August 5.
C.R.S. § 10-7-611
10-7-611. Advertising - legislative intent. (1) It is the intent of the general assembly that the purpose of this section is to provide a prospective viator with clear and unambiguous statements in the advertisement of a viatical settlement contract and to assure the clear, truthful, and adequate disclosure of the benefits, risks, limitations, and exclusions of a viatical settlement contract. This purpose is to be accomplished by the establishment of guidelines and standards of permissible and impermissible conduct in the advertising of a viatical settlement contract to assure that a product description is presented in a manner that prevents unfair, deceptive, or misleading advertising and is conducive to accurate presentation and description of a viatical settlement contract through the advertising media and material used by a licensee.
(2) This section applies to an advertising of a viatical settlement contract or
a related product or service intended for dissemination in this state, including internet advertising viewed by a person located in this state. Where disclosure requirements are established pursuant to federal regulation, this section shall be interpreted so as to minimize or eliminate conflict with federal regulation wherever possible.
(3) Each viatical settlement licensee shall establish and at all times maintain
a system of control over the content, form, and method of dissemination of an advertisement of its contracts, products, and services. An advertisement, regardless of by whom written, created, designed, or presented, is the responsibility of the licensee, as well as of the individual who created or presented the advertisement. A system of control by the licensee shall include regular notification, at least once a year, to agents and others authorized to disseminate advertisements, of the requirements and procedures for approval before the use of an advertisement not furnished by the licensee.
(4) An advertisement shall be truthful and not misleading in fact or by
implication. The form and content of an advertisement of a viatical settlement contract shall be sufficiently complete and clear so as to avoid deception. It may not have the capacity or tendency to mislead or deceive. Whether an advertisement has the capacity or tendency to mislead or deceive shall be determined by the commissioner from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed.
(5) (a) The information required to be disclosed pursuant to the provisions of
this section may not be minimized, rendered obscure, or presented in an ambiguous fashion or intermingled with the text of the advertisement so as to be confusing or misleading.
(b) An advertisement may not omit material information or use words,
phrases, statements, references, or illustrations if the omission or use has the capacity, tendency, or effect of misleading or deceiving the public as to the nature or extent of any benefit, loss covered, or state or federal tax consequence. The fact that the viatical settlement contract offered is made available for inspection before consummation of the sale, or that an offer is made to refund the payment if the viator is not satisfied, or that the viatical settlement contract includes a free look period that satisfies or exceeds legal requirements, does not remedy misleading statements.
(c) An advertisement may not use the name or title of a life insurance
company or a life insurance policy unless the advertisement has been approved in writing by the insurer.
(d) An advertisement may not state or imply that interest charged on an
accelerated death benefit or a policy loan is unfair, inequitable, or in any manner an incorrect or improper practice.
(e) The words free, no cost, without cost, no additional cost, or at no
extra cost, or words of similar import may not be used with respect to a benefit or service unless true. An advertisement may specify the charge for a benefit or service or may state that a charge is included in the payment or use other appropriate language.
(f) (I) Any testimonial, appraisal, or analysis used in an advertisement shall:
(A) Be genuine;
(B) Represent the current opinion of the author;
(C) Be applicable to the viatical settlement contract, product, or service
advertised, if any; and
(D) Be accurately reproduced with sufficient completeness to avoid
misleading or deceiving prospective viators as to the nature or scope of any testimonial, appraisal, analysis, or endorsement.
(II) In using any testimonial, appraisal, or analysis, the viatical settlement
licensee makes as its own all the statements contained in them, and the statements are subject to all the provisions of this section.
(III) If the individual making a testimonial, appraisal, analysis, or endorsement
has a financial interest in the viatical settlement provider or related entity as a stockholder, director, officer, employee, or otherwise, or receives a benefit, directly or indirectly, other than required union scale wages, that fact must be disclosed prominently in the advertisement.
(IV) An advertisement may not state or imply that a viatical settlement
contract, benefit, or service has been approved or endorsed by a group of individuals, society, association, or other organization unless that is the fact and unless any relationship between an organization and the licensee is disclosed. If the entity making the endorsement or testimonial is owned, controlled, or managed by the licensee or receives payment or other consideration from the licensee for making an endorsement or testimonial, that fact must be disclosed in the advertisement.
(V) If an endorsement refers to benefits received under a viatical settlement
contract, all pertinent information shall be retained for a period of five years after its use.
(VI) An advertisement may not contain statistical information unless it
accurately reflects recent and relevant facts. The source of all statistics used in an advertisement shall be identified.
(VII) An advertisement may not disparage insurers, viatical settlement
providers, insurance producers, policies, services, or methods of marketing.
(VIII) The name of the viatical settlement licensee shall be identified clearly
in all advertisements about the licensee or its viatical settlement contract, products, or services, and if any specific viatical settlement contract is advertised, the viatical settlement contract must be identified either by form number or some other appropriate description. If an application is part of the advertisement, the name of the viatical settlement provider shall be shown on the application.
(IX) An advertisement may not use a trade name, group designation, name of
the parent company of a licensee, name of a particular division of the licensee, service mark, slogan, symbol, or other device or reference without disclosing the name of the licensee if the advertisement has the capacity or tendency to mislead or deceive as to the true identity of the licensee or to create the impression that a company other than the licensee has any responsibility for the financial obligation under a viatical settlement contract.
(X) An advertisement may not use any combination of words, symbols, or
physical materials that by their content, phraseology, shape, color, or other characteristics are so similar to a combination of words, symbols, or physical materials used by a government program or agency or otherwise appear to be of such a nature that they tend to mislead prospective viators into believing that the solicitation is in some manner connected with a government program or agency.
(XI) An advertisement may state that a licensee is licensed in the state
where the advertisement appears if it does not exaggerate that fact or suggest or imply that a competing licensee may not be so licensed. The advertisement may ask the audience to consult the licensee's website or contact that state's division of insurance to find out if that state requires licensing and, if so, whether the licensee or any other company is licensed.
(XII) An advertisement may not create the impression that the viatical
settlement provider or its financial condition or status; the payment of its claims; or the merits, desirability, or advisability of its viatical settlement contracts are recommended or endorsed by any government entity.
(XIII) The name of the actual licensee shall be stated in all of its
advertisements. An advertisement may not use a trade name, group designation, name of any affiliate or controlling entity of the licensee, service mark, slogan, symbol, or other device in a manner that has the capacity or tendency to mislead or deceive as to the true identity of the actual licensee or create the false impression that an affiliate or controlling entity has any responsibility for the financial obligation of the licensee.
(XIV) An advertisement may not, directly or indirectly, create the impression
that any division or agency of the state or of the United States government endorses, approves, or favors:
(A) A licensee or its business practices or methods of operation;
(B) The merits, desirability, or advisability of a viatical settlement contract;
(C) Any viatical settlement contract; or
(D) Any policy or life insurance company.
(XV) If the advertiser emphasizes the speed with which the viatical
settlement contract occurs, the advertising must disclose the average time frame, from completed application to the date of offer and from acceptance of the offer to receipt of the funds by the viator.
(XVI) If the advertising emphasizes the dollar amounts available to viators,
the advertising shall disclose the average purchase price as a percent of face value obtained by viators contracting with the licensee during the past six months.
Source: L. 2005: Entire part added, p. 1314, � 1, effective January 1, 2006.
C.R.S. § 10-7-612
10-7-612. Fraudulent acts. (1) (a) A person shall not commit a fraudulent viatical settlement act.
(b) A person shall not knowingly or intentionally interfere with the
enforcement of the provisions of this part 6 or investigations of suspected or actual violations of this part 6.
(c) A person in the business of viatical settlements shall not knowingly or
intentionally permit a person convicted of a felony involving dishonesty or breach of trust to participate in the business of viatical settlements.
(2) (a) A viatical settlement contract and an application for a viatical
settlement contract, regardless of the form of transmission, shall contain the following statement or a substantially similar statement: Any person who knowingly presents false information in an application for insurance or viatical settlement contract is guilty of a crime and, upon conviction, may be subject to fines or confinement in prison, or both.
(b) The lack of a statement as provided for in paragraph (a) of this subsection
(2) does not constitute a defense in any prosecution for a fraudulent viatical settlement act.
(3) (a) A person engaged in the business of viatical settlements having
knowledge or a reasonable belief that a fraudulent viatical settlement act is being, will be, or has been committed shall provide to the commissioner the information required by, and in a manner prescribed by, the commissioner.
(b) Another person having knowledge or a reasonable belief that a
fraudulent viatical settlement act is being, will be, or has been committed may provide to the commissioner the information required by, and in a manner prescribed by, the commissioner.
(4) (a) No civil liability shall be imposed upon, and no cause of action shall
arise from the otherwise lawful conduct of, a person who furnishes information concerning suspected, anticipated, or completed fraudulent viatical settlement acts, or suspected or completed fraudulent insurance acts, if the information is provided to or received from:
(I) The commissioner or the commissioner's employees, agents, or
representatives;
(II) Federal, state, or local law enforcement or regulatory officials or their
employees, agents, or representatives;
(III) A person involved in the prevention and detection of fraudulent viatical
settlement acts or that person's agents, employees, or representatives;
(IV) The NAIC, the national association of securities dealers, or the North
American securities administrators association, or their employees, agents, or representatives, or another regulatory body overseeing life insurance or viatical settlement contracts; or
(V) The insurer that issued the policy covering the life of the insured.
(b) Paragraph (a) of this subsection (4) does not apply to a statement made
with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent viatical settlement act or a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that paragraph (a) of this subsection (4) does not apply because the person filing the report or furnishing the information did so with actual malice.
(c) A person identified in paragraph (a) of this subsection (4) is entitled to an
award of attorney fees and costs if the person is the prevailing party in a civil cause of action for libel, slander, or another relevant tort arising out of activities in carrying out the provisions of this part 6 and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding is substantially justified if it had a reasonable basis in law or fact at the time that it was initiated.
(d) This section does not abrogate or modify common law or statutory
privileges or immunities enjoyed by a person described in paragraph (a) of this subsection (4).
(e) Paragraph (a) of this subsection (4) does not apply to a person's
furnishing information concerning the person's own suspected, anticipated, or completed fraudulent viatical settlement acts or suspected, anticipated, or completed fraudulent insurance acts.
(5) (a) The documents and evidence provided pursuant to subsection (4) of
this section or obtained by the commissioner in an investigation of suspected or actual fraudulent viatical settlement acts are privileged and confidential, are not a public record, and are not subject to discovery or subpoena in a civil or criminal action.
(b) Paragraph (a) of this subsection (5) does not prohibit release by the
commissioner of documents and evidence obtained in an investigation of suspected or actual fraudulent viatical settlement acts:
(I) In administrative or judicial proceedings to enforce laws administered by
the commissioner;
(II) To federal, state, or local law enforcement or regulatory agencies, to an
organization established for the purpose of detecting and preventing fraudulent viatical settlement acts, or to the NAIC; or
(III) At the discretion of the commissioner, to a person in the business of
viatical settlements that is aggrieved by a fraudulent viatical settlement act.
(c) Release of documents and evidence pursuant to paragraph (b) of this
subsection (5) does not abrogate or modify the privilege granted in paragraph (a) of this subsection (5).
(6) This part 6 does not:
(a) Preempt the authority or relieve the duty of other law enforcement or
regulatory agencies to investigate, examine, and prosecute suspected violations of law;
(b) Prevent or prohibit a person from voluntarily disclosing information
concerning fraudulent viatical settlement acts to a law enforcement or regulatory agency other than the division; or
(c) Limit the powers granted elsewhere by the laws of this state to the
commissioner or to an insurance fraud unit to investigate and examine possible violations of law and to take appropriate action against wrongdoers.
(7) (a) A viatical settlement provider shall adopt anti-fraud initiatives
reasonably calculated to detect, assist in the prosecution of, and prevent fraudulent viatical settlement acts. The commissioner may order or, if a licensee requests, may grant modifications of the following initiatives as necessary to ensure an effective anti-fraud program. The modifications may be more or less restrictive than the initiatives if the modifications may reasonably be expected to accomplish the purpose of this section. Anti-fraud initiatives include:
(I) Fraud investigators, who may be viatical settlement providers or
employees or independent contractors of those viatical settlement providers; and
(II) An anti-fraud plan that is submitted to the commissioner. The anti-fraud
plan shall include, but not be limited to:
(A) A chart outlining the organizational arrangement of the anti-fraud
personnel who are responsible for the investigation and reporting of possible fraudulent viatical settlement acts and investigating unresolved material inconsistencies between medical records and insurance applications; and
(B) A description of the procedures for detecting and investigating possible
fraudulent viatical settlement acts and procedures for resolving material inconsistencies between medical records and insurance applications, a description of the procedures for reporting possible fraudulent viatical settlement acts to the commissioner, and a description of the plan for anti-fraud education and training of underwriters and other personnel.
(b) Anti-fraud plans submitted to the commissioner are privileged and
confidential, are not public records pursuant to article 72 of title 24, C.R.S., and are not subject to discovery or subpoena in a civil or criminal action.
Source: L. 2005: Entire part added, p. 1317, � 1, effective January 1, 2006.
C.R.S. § 11-101-401
11-101-401. Definitions. As used in this code, unless the context otherwise requires:
(1) Account holder means a person having an established demand, savings,
or loan account at a Colorado bank.
(2) Account overline means a banking transaction pursuant to which an
account holder debits the account holder's existing demand or savings account even though such debit may create or extend a negative balance to be covered by an extension of credit or would create a negative balance but for an extension of credit to such account by the Colorado bank.
(3) Action, in the sense of a judicial proceeding, means a recoupment,
counterclaim, third-party claim, cross-claim, setoff, suit in equity, arbitration, and any other proceeding in which rights are determined.
(3.5) Affiliate means any company that directly or indirectly controls, is
controlled by, or is under common control with another company.
(4) Affiliate financial institution means any bank or savings and loan
association that has its principal place of business in Colorado and that is controlled by a financial institution.
(5) Bank or banking institution means a state bank or bank with trust
powers chartered by this state or another state, a national bank, or a national bank with trust powers, but does not include a credit card national bank; except that, for the purpose of part 2 of article 104 of this title, bank means any bank organized or chartered under articles 101 to 107 of this title, any bank organized or chartered as a bank under the laws of any other jurisdiction, or any bank organized or chartered under chapter 2 of title 12 of the United States Code.
(6) Bank holding company means any company that has direct or indirect
control over any banking institution.
(7) Banking board means the banking board within the division established
pursuant to section 11-102-103.
(8) Repealed.
(9) Banking transactions means cash withdrawals, deposits, account
transfers, payments from bank accounts, disbursements under a preauthorized credit agreement, and loan payments initiated by an account holder at a communications facility and accessing his or her account at a Colorado bank.
(10) Branch means any branch bank, branch office, branch agency,
additional office, or branch place of business situated in Colorado or another state of a financial institution located in this or another state at which deposits are received, checks are paid, and money is lent and trust powers may be exercised, if approved by its chartering authority.
(11) Capital and surplus or capital stock and unimpaired surplus fund
means paid-in capital stock plus surplus, undivided profits, subordinated notes and debentures, reserves for contingencies and other capital reserves, and the reserve for possible loan losses.
(12) Colorado affiliate, with respect to a Colorado bank or Colorado trust
company, means:
(a) Any company that is controlled by a bank holding company that controls
a Colorado bank or Colorado trust company; or
(b) Any company that is controlled by or that controls a Colorado bank or
Colorado trust company.
(13) Colorado bank means a bank having its principal place of business in
Colorado.
(14) Colorado bank holding company means a registered bank holding
company the operations of which are principally conducted in Colorado. Colorado bank holding company does not include an out-of-state bank holding company that acquires control of one or more Colorado bank holding companies or Colorado banks, whether or not its operations are principally conducted in Colorado after such acquisition, or any Colorado bank holding company the control of which or as to which a majority nonvoting equity interest is first acquired by an out-of-state bank holding company on or after July 1, 1988.
(15) Colorado financial institution means a financial institution having its
principal place of business in Colorado.
(16) Colorado trust company means:
(a) A national banking association that has its principal office in Colorado
and to which the comptroller of the currency has issued a certificate authorizing the commencement of business and that is required by said comptroller to limit its operations to those of a trust company and any activities related thereto; or
(b) A trust company organized under article 109 of this title, which trust
company has its principal office in Colorado.
(16.5) Commercial activities means activities in which a bank holding
company, a financial holding company, a national bank, or a national bank financial subsidiary may not engage under federal law.
(17) Commissioner means the state bank commissioner appointed and
serving pursuant to section 11-102-101 (2), who shall be the commissioner of banking referred to in articles 101 to 109 of this title.
(18) Communications facility means an attended or unattended electronic
information processing device, other than an ordinary telephone instrument, located in this state separate and apart from a Colorado bank and through which account holders and Colorado banks may engage in banking transactions by means of either the instant transmission (online) of electronic impulses to and from the Colorado bank or its data processing agent or the recording of electronic impulses or other indicia of a banking transaction for delayed transmission (off-line) to a Colorado bank or its data processing agent. Such a device located on the premises of a Colorado bank shall be a communications facility if such device is utilized by the account holders of other Colorado banks.
(19) Community means a city, town, or incorporated village of this state, or
a trade area in this state in unincorporated territory.
(20) Company means any corporation, partnership, business trust,
association, or similar organization; except that, for the purpose of article 106 of this title, company means a bank or trust company that is authorized by the division of banking or the comptroller of the currency to conduct fiduciary business in Colorado.
(21) Constituent bank means a party to a merger.
(22) Continuing bank means a merging bank the charter of which becomes
the charter of the resulting bank.
(23) (a) Except as otherwise provided in paragraphs (b) and (c) of this
subsection (23), a company with control means:
(I) A company that, either directly, indirectly, or acting through one or more
persons, owns, controls, or has the power to vote twenty-five percent or more of the voting securities of another company; or
(II) A company that controls in any manner the election of a majority of the
directors, managers, or trustees of another company.
(b) For the purpose of part 2 of article 104 of this title, control means that:
(I) A company, either directly, indirectly, or acting through one or more
persons, owns, controls, or has power to vote twenty-five percent or more of the voting securities of a bank holding company or of a bank; or
(II) A company controls in any manner the election of a majority of the
directors, managers, or trustees of a bank holding company or of a bank.
(c) For the purpose of section 11-104-101, control means that:
(I) Any company directly or indirectly or acting through one or more persons
owns, controls, or has power to vote twenty-five percent or more of the voting securities of the banking institution; or
(II) The company controls in any manner the election of a majority of the
directors, managers, or trustees of the banking institution.
(24) Converted bank means the same bank after the conversion.
(25) Converting bank means a bank converting from a state to a national
bank, or the reverse.
(26) Court means a court of competent jurisdiction.
(27) Credit card national bank means an institution that is organized or
chartered as a national bank under chapter 2 of title 12 of the United States Code, that engages only in credit card operations, and that qualifies for exception from the definition of a bank under section 2 (c)(2)(F) of the federal Bank Holding Company Act of 1956, Public Law 84-511, 12 U.S.C. sec. 1841 (c)(2)(F).
(27.5) De novo bank means a newly incorporated and chartered federally
insured bank.
(28) De novo branch means a branch of a financial institution that:
(a) Is originally established by the financial institution as a branch; and
(b) Does not become a branch of such financial institution as a result of:
(I) The acquisition by the financial institution of a depository institution or a
branch of a depository institution; or
(II) The conversion, merger, or consolidation of any such institution or branch.
(29) Deposit production office means an office or branch used primarily for
the purpose of deposit production.
(30) Depositor means:
(a) A person or company that places money in a bank account; and
(b) A person delivering property or documents to a lessor for safekeeping.
(31) Division means the division of banking of this state created by this
code.
(32) Executive officer, when referring to a bank, means a person who
participates or has authority to participate, other than in the capacity of a director, in major policy-making functions of the bank, whether or not the officer has an official title, the title designates the officer as an assistant, or the officer is serving without salary or other compensation. Executive officer includes the chairman of the board of directors and the president, every vice-president, and the cashier of a bank, unless any such officer is excluded by resolution of the board of directors or by the bylaws of the bank from participation, other than in the capacity of a director, in major policy-making functions of the bank and such officer does not actually participate therein.
(33) Federal bank holding company act means the federal Bank Holding
Company Act of 1956, Pub.L. 84-511, 12 U.S.C. sec. 1841 et seq., as amended.
(34) Fiduciary means original or successor trustee of an expressed or
implied trust, including but not limited to a resulting or constructive trust, special administrator, executor, administrator, administrator c.t.a., guardian, guardian-trustee or conservator for a minor or other incompetent person, receiver, trustee in bankruptcy, assignee for creditors, or any holder of a similar position of trust acting alone or with others.
(35) Fiduciary business means estate and trust administration,
conservatorship, agency, escrow, and custodian business and any other fiduciary business.
(36) Financial institution means any bank, bank holding company, savings
and loan association, federal savings bank, or thrift holding company.
(37) (a) Foreign bank means any bank, including any commercial bank,
merchant bank, or other institution that engages in banking activities that are usual in connection with the business of banking in the nations where such institution is organized or operating, other than a bank that is organized under the laws of a state of the United States or a national bank that maintains its head office in a state of the United States.
(b) As used in this subsection (37), foreign nation means any nation other
than the United States, including any subdivision, territory, trust territory, dependency, or possession of any such nation. Foreign nation includes Puerto Rico, Guam, American Samoa, the Virgin Islands, and any territory, trust territory, dependency, or insular possession of the United States.
(38) Good faith means honesty in fact in the transaction and some
reasonable ground for belief that the transaction is rightful or authorized.
(39) Home state means:
(a) In the case of a national bank, the state in which the main office of the
bank is located; and
(b) In the case of a state bank, the state in which the bank is chartered.
(40) Interested party means, with respect to the fiduciary business of a
transferor for which a successor is substituted:
(a) Each person who is readily identifiable as a beneficiary or devisee
because of such person's receipt of statements of account;
(b) A parent, custodian, conservator, or guardian who receives statements of
account on behalf of a minor beneficiary or devisee;
(c) Each cofiduciary;
(d) Each surviving settlor of a trust;
(e) Each issuer of a security for which the transferor acts as a fiduciary;
(f) The plan sponsor for every employee benefit plan;
(g) The principal of every agency account; and
(h) The guardian or conservator of the person under guardianship.
(40.5) Investment discretionary authority means, with respect to an
account, the sole or shared authority, whether or not that authority is exercised, to determine which securities or other assets to purchase or sell on behalf of the account. An institution that delegates its authority over investments and an institution that receives delegated authority over investments both have investment discretion.
(41) Item means any instrument for the payment of money even though not
negotiable, but does not include money.
(42) Lessee means a person contracting with a lessor for the use of a safe
deposit box.
(43) Lessor means a bank or subsidiary thereof that rents or maintains safe
deposit facilities. Lessor does not include a financial institution regulated by article 30, 46, or 109 of this title or a credit union chartered under the laws of the United States.
(44) Merger includes consolidation.
(45) Merging bank means a party to a merger.
(46) National bank means a national banking association.
(47) Officer, when referring to a bank, means any person designated as
such in the bylaws and includes, whether or not so designated, any executive officer, the chairman of the board of directors, the chairman of the executive committee, and any trust officer, assistant trust officer, assistant vice-president, assistant treasurer, assistant cashier, assistant comptroller, assistant secretary, auditor, or any person who performs the duties appropriate to those offices.
(48) The state where operations are principally conducted means that
state where the largest percentage of the aggregate deposits of all bank subsidiaries of the bank holding company is held.
(49) Order means all or any part of the final disposition, whether
affirmative, negative, injunctive, or declaratory in form, by the commissioner or the banking board of any matter other than the making of rules of general application.
(50) Out-of-state bank means a bank the home state of which is another
state. The term out-of-state bank includes a foreign bank.
(51) Out-of-state bank holding company means a registered bank holding
company the operations of which are principally conducted outside of Colorado.
(52) Person means an individual, corporation, partnership, joint venture,
trust estate, unincorporated association, or any other legal or commercial entity.
(53) Registered bank holding company means a bank holding company
registered with the federal reserve board pursuant to the federal Bank Holding Company Act.
(54) Resulting bank means the combined banks and trust companies
carrying on business upon completion of a merger.
(55) Retailer means a person primarily engaged in the business of selling
or leasing goods or services to consumers.
(56) Retail location means a location where the primary business is selling
or leasing goods or services to consumers. The term includes only that portion of the building or structure in which such goods or services are offered for sale or lease, but it does not include a wholesale or manufacturing business.
(57) Safe deposit box means a safe deposit box, vault, or other safe
deposit receptacle maintained by a lessor.
(58) State bank means a bank or bank with trust powers chartered by this
state.
(59) Successor means a company that replaces the transferor as fiduciary
for all or part of the fiduciary business of the transferor.
(60) Transferor means a company that is replaced as fiduciary by a
successor for all or part of its fiduciary business.
Source: L. 2003: Entire article added with relocations, p. 1054, � 3, effective
July 1. L. 2004: (43) amended, p. 1192, � 24, effective August 4. L. 2007: (3.5) and (16.5) added, p. 117, � 1, effective March 16. L. 2009: (10) and (43) amended, (HB 09-1053), ch. 159, p. 688, � 6, effective August 5. L. 2013: (4), (5), (10), (30), (36), (43), and (58) amended, (8) repealed, and (27.5) and (40.5) added, (SB 13-154), ch. 282, p. 1472, � 33, effective July 1. L. 2024: (2) amended, (HB 24-1351), ch. 461, p. 3200, � 13, effective August 7.
Editor's note: This section is similar to former �� 11-1-102, 11-4-101, 11-6.3-101
(1), 11-6.4-102, 11-6.5-103, 11-7-100.3, 11-9-101, 11-25-102, and 11-10-105 as they existed prior to 2003.
ARTICLE 102
Division of Banking
Editor's note: This article was added with relocations in 2003. Former C.R.S.
section numbers are shown in editor's notes following those sections that were relocated.
PART 1
COMMISSIONER AND BANKING BOARD
C.R.S. § 11-105-604
11-105-604. Subsidiary depository institutions as agent. (1) Any bank subsidiary of a bank holding company may receive deposits, renew time deposits, close loans, service loans, and receive payments on loans and other obligations as an agent for an affiliate financial institution, as such authority is set forth in section 101(d) of the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994. Notwithstanding any other provision of law, a bank acting as an agent in accordance with this subsection (1) for an affiliate financial institution shall not be considered to be a branch of the affiliate.
(2) Any contract entered into pursuant to section 11-25-105 as it existed prior
to July 1, 1995, shall remain valid and in effect according to the terms of the contract and any subsequent agreement of the contracting financial institutions.
Source: L. 2003: Entire article added with relocations, p. 1132, � 3, effective
July 1.
Editor's note: This section is similar to former � 11-25-105 as it existed prior
to 2003.
Cross references: For the federal Riegle-Neal Interstate Banking and
Branching Efficiency Act of 1994, see Pub.L. 103-328, codified at 12 U.S.C. � 1811 et seq.; for section 101(d) of the act, see 12 U.S.C. � 1828.
C.R.S. § 11-110-301
11-110-301. Exemptions. (1) This article 110 does not apply to:
(a) An operator of a payment system to the extent that it provides
processing, clearing, or settlement services, between or among persons exempted by this section or licensees, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers, or similar money transfers;
(b) A person appointed as an agent of a payee to collect and process a
payment from a payer to the payee for goods or services, other than money transmission itself, provided to the payer by the payee, so long as:
(I) There exists a written agreement between the payee and the agent
directing the agent to collect and process payments from payers on the payee's behalf;
(II) The payee holds the agent out to the public as accepting payments for
goods or services on the payee's behalf; and
(III) Payment for the goods and services is treated as received by the payee
upon receipt by the agent so that the payer's obligation is extinguished and there is no risk of loss to the payer if the agent fails to remit the money to the payee;
(c) A person that acts as an intermediary by processing payments between
an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient, if the entity:
(I) Is properly licensed or exempt from licensing requirements under this
article 110;
(II) Provides a receipt, electronic record, or other written confirmation to the
sender identifying the entity as the provider of money transmission in the transaction; and
(III) Bears sole responsibility to satisfy the outstanding money transmission
obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the money to the sender's designated recipient;
(d) The United States or a department, agency, or instrumentality of the
United States or its agent;
(e) Money transmission by the United States postal service or by an agent of
the United States postal service;
(f) A state, county, or city or any other governmental agency or
governmental subdivision or instrumentality of a state or its agent;
(g) A federally insured depository financial institution; a bank holding
company; an office of an international banking corporation; a foreign bank that establishes a federal branch pursuant to the federal International Bank Act, 12 U.S.C. sec. 3102, as amended; a corporation organized pursuant to the federal Bank Service Corporation Act, 12 U.S.C. secs. 1861 to 1867, as amended; a corporation organized under the Edge Act, 12 U.S.C. secs. 611 to 633, as amended; or an entity organized under the general banking, savings and loan, or credit union laws of this state, another state, or the United States;
(h) An electronic funds transfer of governmental benefits for a federal, state,
county, or governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality of the United States or on behalf of a state or governmental subdivision, agency, or instrumentality of a state;
(i) A board of trade designated as a contract market under the federal
Commodity Exchange Act, 7 U.S.C. secs. 1 to 25, as amended, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board;
(j) A registered futures commission merchant under federal commodities
laws to the extent of its operation as such a merchant;
(k) A person registered as a securities broker-dealer under federal or state
securities laws to the extent of the person's operation as such a broker-dealer;
(l) An individual employed by a licensee, an authorized delegate, or any
person exempted from the licensing requirements of this article 110 when acting within the scope of employment and under the supervision of the licensee, authorized delegate, or exempted person as an employee and not as an independent contractor;
(m) A person expressly appointed as a third-party service provider to or
agent of an entity exempt under subsection (1)(g) of this section, solely to the extent that:
(I) The service provider or agent is engaging in money transmission on behalf
of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; and
(II) The exempt entity assumes all risk of loss and all legal responsibility for
satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's money or monetary value by the service provider or agent; or
(n) A person exempt by regulation or order if the banking board finds an
exemption to be in the public interest and that the regulation of such person is not necessary for the purposes of this article 110.
Source: L. 2025: Entire article R&RE, (HB 25-1201), ch. 91, p. 381, � 1,
effective August 6.
C.R.S. § 11-46-101
11-46-101. Definitions. As used in this article, unless the context otherwise requires:
(1) Fiduciary means any person as defined in section 15-1-103 (2), C.R.S.
(2) Lease means the contract between lessor and lessee governing the
use, payment, and other terms and conditions with regard to a safe deposit box.
(3) Lessee means a person contracting with a lessor for the use of a safe
deposit box.
(4) Lessor means any association defined in section 11-46-102 which
maintains safe deposit facilities.
(5) Person means any natural person, partnership, whether limited or
general, corporation, or entity leasing a safe deposit box.
(6) Safe deposit box means any vault, box, receptacle, or other
safekeeping facility maintained by a lessor for lease to third persons.
Source: L. 59: p. 664, � 7. CRS 53: � 122-8-2. C.R.S. 1963: � 122-7-2.
C.R.S. § 11-51-707
11-51-707. Collection of fees - division of securities cash fund created - repeal. (1) A fee payable under this article shall be deemed paid when the securities commissioner receives the payment.
(2) The securities commissioner shall transmit all fees collected under this
article, not including fees retained by contractors pursuant to contracts entered into in accordance with section 11-51-405 or 24-34-101, C.R.S., to the state treasurer, who shall credit the same to the division of securities cash fund, which fund is hereby created. Pursuant to subsection (3) of this section, the general assembly shall make annual appropriations from said fund for expenditures of the division of securities. The expenditures incurred by the division shall be made out of such appropriations upon vouchers and warrants drawn pursuant to law. All moneys credited to the division of securities cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund.
(3) (a) The division shall set the amount of each fee that it is authorized by
law to collect under this article 51. The budget request and the fees for the division must reflect direct and indirect costs. The division, in the discretion of the securities commissioner, may set:
(I) Registration fees payable under section 11-51-302, according to a scale of
rates applied to the dollar amount of securities to be registered, with a maximum fee specified;
(II) A notice filing fee and notice filing renewal fee payable under section 11-51-304.5 for each series, portfolio, separate account, or fund of an open-end
management company or unit investment trust;
(III) Registration fees payable under section 11-51-905 (4), according to a
scale of rates applied to the asset size of the trust fund as of the date of registration; and
(IV) Annual fees payable under section 11-51-906 (4)(e), according to a scale
of rates applied to the asset size of the trust fund as of the date of the filing of the annual audit.
(b) Based upon the appropriation made and subject to the approval of the
executive director of the department of regulatory agencies, the division shall set its fees for a fiscal year so that the revenue generated from said fees approximates its direct and indirect costs, including statewide indirect costs. Such fees for a fiscal year may be adjusted by the securities commissioner no more often than twice during that fiscal year.
(c) On July 1 each year, whenever moneys appropriated to the division for its
activities for the prior fiscal year are unexpended, said moneys shall be made a part of the appropriation to the division for the next fiscal year, and such amount shall not be raised from fees collected by the division. If a supplemental appropriation is made to the division for its activities, its fees, when adjusted for the fiscal year next following that in which the supplemental appropriation was made, shall be adjusted by an additional amount which is sufficient to compensate for such supplemental appropriation. Funds appropriated to the division in the annual long appropriations bill shall be designated as a cash fund and shall not exceed the amount anticipated to be raised from fees collected by the division.
(4) (a) Notwithstanding any other provision of this section to the contrary, on
June 30, 2025, the state treasurer shall transfer two hundred thousand dollars from the division of securities cash fund to the general fund.
(b) This subsection (4) is repealed, effective July 1, 2026.
Source: L. 90: Entire article R&RE, p. 737, � 1, effective July 1. L. 93: (3)(a)
amended, p. 331, � 5, effective July 1. L. 94: (3)(a) amended, p. 1847, � 11, effective July 1. L. 2004: (2) amended, p. 1253, � 3, effective May 27. L. 2018: (3)(a) amended, (HB 18-1388), ch. 280, p. 1757, � 6, effective August 8. L. 2025: (4) added, (SB 25-264), ch. 129, p. 499, � 6, effective April 25.
Editor's note: This section is similar to former � 11-51-129 as it existed prior to
1990.
C.R.S. § 12-10-203
12-10-203. Application for license - rules - definition. (1) (a) All persons desiring to become real estate brokers shall apply to the commission for a license under the provisions of this part 2. Application for a license as a real estate broker shall be made to the commission upon forms or in a manner prescribed by the commission.
(b) (I) Prior to submitting an application for a license pursuant to subsection
(1)(a) of this section, each applicant shall submit a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The applicant shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the commission. The commission shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check.
(II) For purposes of this subsection (1)(b), applicant means an individual, or
any person designated to act as broker for any partnership, limited liability company, or corporation pursuant to subsection (6) of this section.
(2) Every real estate broker licensed under this part 2 shall maintain a place
of business within this state, except as provided in section 12-10-208. In case a real estate broker maintains more than one place of business within the state, the broker shall be responsible for supervising all licensed activities originating in the offices.
(3) The commission is authorized by this section to require and procure any
such proof as is necessary in reference to the truthfulness, honesty, and good moral character of any applicant for a real estate broker's license or, if the applicant is a partnership, limited liability company, or corporation, of any partner, manager, director, officer, member, or stockholder if the person has, either directly or indirectly, a substantial interest in the applicant prior to the issuance of the license.
(4) (a) An applicant for a broker's license shall be at least eighteen years of
age. The applicant must furnish proof satisfactory to the commission that the applicant has either received a degree from an accredited degree-granting college or university with a major course of study in real estate or has successfully completed courses of study, approved by the commission, at any accredited college or university or any private occupational school that has a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of title 23 or that has been approved by the commission or licensed by an official state agency of any other state as follows:
(I) Forty-eight hours of classroom instruction or equivalent correspondent
hours in real estate law and real estate practice; and
(II) Forty-eight hours of classroom instruction or equivalent correspondent
hours in understanding and preparation of Colorado real estate contracts; and
(III) A total of seventy-two hours of instruction or equivalent correspondence
hours from the following areas of study:
(A) Trust accounts and record keeping;
(B) Real estate closings;
(C) Current legal issues; and
(D) Practical applications.
(b) An applicant for a broker's license who has been licensed as a real estate
broker in another jurisdiction shall be required to complete only the course of study comprising the subject matter areas described in subsections (4)(a)(II) and (4)(a)(III)(B) of this section.
(c) An applicant for a broker's license who has been licensed as a real estate
salesperson in another jurisdiction shall be required to complete only the course of study required in subsections (4)(a)(II) and (4)(a)(III) of this section.
(5) (a) The applicant for a broker's license shall submit to and pass an
examination designated to determine the competency of the applicant and prepared by or under the supervision of the commission or its designated contractor. The commission may contract with an independent testing service to develop, administer, or grade examinations or to administer licensee records. The contract may allow the testing service to recover the costs of the examination and the costs of administering exam and license records from the applicant. The commission may contract separately for these functions and allow recovered costs to be collected and retained by a single contractor for distribution to other contractors. The commission shall have the authority to set the minimum passing score that an applicant must receive on the examination, and the score shall reflect the minimum level of competency required to be a broker. The examination shall be given at such times and places as the commission prescribes. The examination shall include, but not be limited to, ethics, reading, spelling, basic mathematics, principles of land economics, appraisal, financing, a knowledge of the statutes and law of this state relating to deeds, trust deeds, mortgages, listing contracts, contracts of sale, bills of sale, leases, agency, brokerage, trust accounts, closings, securities, the provisions of this part 2, and the rules of the commission. The examination for a broker's license shall also include the preparation of a real estate closing statement.
(b) An applicant for a broker's license who has held a real estate license in
another jurisdiction that administers a real estate broker's examination and who has been licensed for two or more years prior to applying for a Colorado license may be issued a broker's license if the applicant establishes that he or she possesses credentials and qualifications that are substantively equivalent to the requirements in Colorado for licensure by examination.
(c) In addition to all other applicable requirements, the following provisions
apply to brokers that did not hold a current and valid broker's license on December 31, 1996:
(I) No such broker shall engage in an independent brokerage practice
without first having served actively as a real estate broker for at least two years. The commission shall adopt rules requiring an employing broker to ensure that a high level of supervision is exercised over such a broker during the two-year period.
(II) No such broker shall employ another broker without first having
completed twenty-four clock hours of instruction, or the equivalent in correspondence hours, as approved by the commission, in brokerage administration.
(III) Effective January 1, 2019, a broker shall not act as an employing broker
without first demonstrating, in accordance with rules of the commission, experience and knowledge sufficient to enable the broker to employ and adequately supervise other brokers, as appropriate to the broker's area of supervision. The commission's rules must set forth the method or methods by which the broker may demonstrate the experience and knowledge, either by documenting a specified number of transactions that the broker has completed or by other methods.
(6) (a) Real estate brokers' licenses may be granted to individuals,
partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a qualified, active broker to be responsible for management and supervision of the licensed actions of the partnership, limited liability company, or corporation and all licensees shown in the commission's records as being in the employ of the entity. The application of the partnership, limited liability company, or corporation and the application of the broker designated by it shall be filed with the commission.
(b) No license shall be issued to any partnership, limited liability company, or
corporation unless and until the broker so designated by the partnership, limited liability company, or corporation submits to and passes the examination required by this part 2 on behalf of the partnership, limited liability company, or corporation. Upon the broker successfully passing the examination and upon compliance with all other requirements of law by the partnership, limited liability company, or corporation, as well as by the designated broker, the commission shall issue a broker's license to the partnership, limited liability company, or corporation, which shall bear the name of the designated broker, and thereupon the broker so designated shall conduct business as a real estate broker only through the partnership, limited liability company, or corporation and not for the broker's own account.
(c) If the person so designated is refused a license by the commission or
ceases to be the designated broker of the partnership, limited liability company, or corporation, the entity may designate another person to make application for a license. If the person ceases to be the designated broker of the partnership, limited liability company, or corporation, the director may issue a temporary license to prevent hardship for a period not to exceed ninety days to the licensed person so designated. The director may extend a temporary license for one additional period not to exceed ninety days upon proper application and a showing of good cause; if the director refuses, no further extension of a temporary license shall be granted except by the commission. If any broker or employee of any such partnership, limited liability company, or corporation, other than the one designated as provided in this section, desires to act as a real estate broker, the broker or employee shall first obtain a license as a real estate broker as provided in this section and shall pay the regular fee therefor.
(7) The broker designated to act as broker for any partnership, limited
liability company, or corporation is personally responsible for the handling of any and all earnest money deposits or escrow or trust funds received or disbursed by the partnership, limited liability company, or corporation. In the event of any breach of duty by the partnership, limited liability company, or corporation as a fiduciary, any person aggrieved or damaged by the breach of fiduciary duty shall have a claim for relief against the partnership, limited liability company, or corporation, as well as against the designated broker, and may pursue the claim against the partnership, limited liability company, or corporation and the designated broker personally. The broker may be held responsible and liable for damages based upon the breach of fiduciary duty as may be recoverable against the partnership, limited liability company, or corporation, and any judgment so obtained may be enforced jointly or severally against the broker personally and the partnership, limited liability company, or corporation.
(8) No license for a broker registered as being in the employ of another
broker shall be issued to a partnership, a limited liability company, or a corporation or under a fictitious name or trade name; except that a married woman may elect to use her birth name.
(9) No person shall be licensed as a real estate broker under more than one
name, and no person shall conduct or promote a real estate brokerage business except under the name under which the person is licensed.
(10) A licensed attorney shall take and pass the examination referred to in
this section after having completed twelve hours of classroom instruction or equivalent correspondent hours in trust accounts, record keeping, and real estate closings.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
618, � 1, effective October 1; (1)(b)(I) amended, (HB 19-1166), ch. 125, p. 564, � 68, effective October 1. L. 2022: (1)(b)(I) amended, (HB 22-1270), ch. 114, p. 514, � 9, effective April 21.
Editor's note: (1) This section is similar to former � 12-61-103 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.
C.R.S. § 12-10-204
12-10-204. Errors and omissions insurance required - rules. (1) Every licensee under this part 2, except an inactive broker or an attorney licensee who maintains a policy of professional malpractice insurance that provides coverage for errors and omissions for their activities as a licensee under this part 2, shall maintain errors and omissions insurance to cover all activities contemplated under parts 2 to 6 of this article 10. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel a licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division.
(2) (a) If the division is unable to obtain errors and omissions insurance
coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section.
(b) The division shall solicit and consider information and comments from
interested persons when determining the reasonableness of annual premiums.
(3) The division shall determine the terms and conditions of coverage
required under this section based on rules promulgated by the commission. The commission shall notify each licensee of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the commission. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the commission by the annual premium renewal date, as determined by the division.
(4) In addition to all other powers and duties conferred upon the commission
by this article 10, the commission shall adopt such rules as it deems necessary or proper to carry out the provisions of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
622, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-103.6 as it existed prior
to 2019.
C.R.S. § 12-10-214
12-10-214. Disposition of fees. All fees collected by the commission under parts 2 and 5 of this article 10, not including administrative fees that are in the nature of an administrative fine and fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203 or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund. Pursuant to section 12-10-215, the general assembly shall make annual appropriations from the fund for expenditures of the commission incurred in the performance of its duties under parts 2 and 5 of this article 10. The commission may request an appropriation specifically designated for educational and enforcement purposes. The expenditures incurred by the commission under parts 2 and 5 of this article 10 shall be made out of the appropriations upon vouchers and warrants drawn pursuant to law.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
630, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-111 as it existed prior to
2019.
C.R.S. § 12-10-215
12-10-215. Fee adjustments - cash fund created - repeal. (1) This section applies to all activities of the division under parts 2, 5, 6, and 7 of this article 10.
(2) (a) (I) The division shall propose, as part of its annual budget request, an
adjustment in the amount of each fee that it is authorized by law to collect under parts 2, 5, 6, and 7 of this article 10. The budget request and the adjusted fees for the division must reflect direct and indirect costs.
(II) The costs of the HOA information and resource center, created in section
12-10-801, shall be paid from the division of real estate cash fund created in this section. The division shall estimate the direct and indirect costs of operating the HOA information and resource center and shall establish the amount of the annual registration fee to be collected under section 38-33.3-401. The amount of the registration fee shall be sufficient to recover these costs, subject to a maximum limit of fifty dollars.
(b) Based upon the appropriation made and subject to the approval of the
executive director, the division shall adjust its fees so that the revenue generated from the fees approximates its direct and indirect costs incurred in administering the programs and activities from which the fees are derived. The fees shall remain in effect for the fiscal year for which the budget request applies. All fees collected by the division, not including fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203 or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund, which fund is hereby created. All money credited to the division of real estate cash fund shall be used as provided in this section or in section 12-10-214 and shall not be deposited in or transferred to the general fund of this state or any other fund.
(c) Beginning July 1, 1979, and each July 1 thereafter, whenever money
appropriated to the division for its activities for the prior fiscal year is unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the division. If a supplemental appropriation is made to the division for its activities, its fees, when adjusted for the fiscal year next following that in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Funds appropriated to the division in the annual long appropriations bill shall be designated as a cash fund and shall not exceed the amount anticipated to be raised from fees collected by the division.
(3) (a) Notwithstanding any provision of this section to the contrary, on June
30, 2025, the state treasurer shall transfer two hundred thousand dollars from the division of real estate cash fund to the general fund.
(b) This subsection (3) is repealed, effective July 1, 2026.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
630, � 1, effective October 1. L. 2025: (3) added, (SB 25-264), ch. 129, p. 499, � 8, effective April 25.
Editor's note: This section is similar to former � 12-61-111.5 as it existed prior
to 2019.
C.R.S. § 12-10-218
12-10-218. Affiliated business arrangements - definitions - disclosures - enforcement and penalties - reporting - rules - investigation information shared with the division of insurance. (1) As used in this section, unless the context otherwise requires:
(a) Affiliated business arrangement means an arrangement in which:
(I) A provider of settlement services or an associate of a provider of
settlement services has either an affiliate relationship with or a direct beneficial ownership interest of more than one percent in another provider of settlement services; and
(II) A provider of settlement services or the associate of a provider directly or
indirectly refers settlement service business to another provider of settlement services or affirmatively influences the selection of another provider of settlement services.
(b) Associate means a person who has one or more of the following
relationships with a person in a position to refer settlement service business:
(I) A spouse, parent, or child of the person;
(II) A corporation or business entity that controls, is controlled by, or is under
common control with the person;
(III) An employer, officer, director, partner, franchiser, or franchisee of the
person, including a broker acting as an independent contractor; or
(IV) Anyone who has an agreement, arrangement, or understanding with the
person, the purpose or substantial effect of which is to enable the person in a position to refer settlement service business to benefit financially from referrals of the business.
(c) Settlement service means any service provided in connection with a
real estate settlement including, but not limited to, the following:
(I) Title searches;
(II) Title examinations;
(III) The provision of title certificates;
(IV) Title insurance;
(V) Services rendered by an attorney;
(VI) The preparation of title documents;
(VII) Property surveys;
(VIII) The rendering of credit reports or appraisals;
(IX) Real estate appraisal services;
(X) Home inspection services;
(XI) Services rendered by a real estate broker;
(XII) Pest and fungus inspections;
(XIII) The origination of a loan;
(XIV) The taking of a loan application;
(XV) The processing of a loan;
(XVI) Underwriting and funding of a loan;
(XVII) Escrow handling services;
(XVIII) The handling of the processing; and
(XIX) Closing of settlement.
(2) (a) An affiliated business arrangement is permitted where the person
referring business to the affiliated business arrangement receives payment only in the form of a return on an investment and where it does not violate the provisions of section 12-10-217.
(b) If a licensee or the employing broker of a licensee is part of an affiliated
business arrangement when an offer to purchase real property is fully executed, the licensee shall disclose to all parties to the real estate transaction the existence of the arrangement. The disclosure shall be written, shall be signed by all parties to the real estate transaction, and shall comply with the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq.
(c) A licensee shall not require the use of an affiliated business arrangement
or a particular provider of settlement services as a condition of obtaining services from that licensee for any settlement service. For the purposes of this subsection (2)(c), require the use shall have the same meaning as required use in 24 CFR 3500.2 (b).
(d) No licensee shall give or accept any fee, kickback, or other thing of value
pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a settlement service involving an affiliated business arrangement shall be referred to any provider of settlement services.
(e) Nothing in this section shall be construed to prohibit payment of a fee to:
(I) An attorney for services actually rendered;
(II) A title insurance company to its duly appointed agent for services
actually performed in the issuance of a policy of title insurance;
(III) A lender to its duly appointed agent for services actually performed in
the making of a loan.
(f) Nothing in this section shall be construed to prohibit payment to any
person of:
(I) A bona fide salary or compensation or other payment for goods or
facilities actually furnished or for services actually performed;
(II) A fee pursuant to cooperative brokerage and referral arrangements or
agreements between real estate brokers.
(g) It shall not be a violation of this section for an affiliated business
arrangement:
(I) To require a buyer, borrower, or seller to pay for the services of any
attorney, credit reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real estate transaction; or
(II) If an attorney or law firm represents a client in a real estate transaction
and issues or arranges for the issuance of a policy of title insurance in the transaction directly as agent or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to his or her law practice.
(h) No person shall be liable for a violation of this section if the person
proves by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adopted to avoid the error.
(3) On and after July 1, 2006, a licensee shall disclose at the time the
licensee enters into or changes an affiliated business arrangement, in a form and manner acceptable to the commission, the names of all affiliated business arrangements to which the licensee is a party. The disclosure shall include the physical locations of the affiliated businesses.
(4) On and after July 1, 2006, an employing broker, in a form and manner
acceptable to the commission, shall at least annually disclose the names of all affiliated business arrangements to which the employing broker is a party. The disclosure shall include the physical locations of the affiliated businesses.
(5) The commission may promulgate rules concerning the creation and
conduct of an affiliated business arrangement, including, but not limited to, rules defining what constitutes a sham affiliated business arrangement. The commission shall adopt the rules, policies, or guidelines issued by the United States department of housing and urban development concerning the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq. Rules adopted by the commission shall be at least as stringent as the federal rules and shall ensure that consumers are adequately informed about affiliated business arrangements. The commission shall consult with the insurance commissioner pursuant to section 10-11-124 (2), concerning rules, policies, or guidelines the insurance commissioner adopts concerning affiliated business arrangements. Neither the rules promulgated by the insurance commissioner nor the commission may create a conflicting regulatory burden on an affiliated business arrangement.
(6) The division of real estate may share information gathered during an
investigation of an affiliated business arrangement with the division of insurance.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
636, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-113.2 as it existed prior
to 2019.
C.R.S. § 12-10-602
12-10-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) (a) Appraisal, appraisal report, or real estate appraisal means a
written or oral analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate that is transmitted to the client upon the completion of an assignment. These terms include a valuation, which is an opinion of the value of real estate, and an analysis, which is a general study of real estate not specifically performed only to determine value; except that the terms include a valuation completed by an appraiser employee of a county assessor as defined in section 39-1-102 (2).
(b) The terms do not include an analysis, valuation, opinion, conclusion,
notation, or compilation of data by an officer, director, regularly salaried employee, or agent of a financial institution or its affiliate, made for internal use only by the financial institution or affiliate, concerning an interest in real estate that is owned or held as collateral by the financial institution or affiliate and that is not represented or deemed to be an appraisal except to the financial institution, the agencies regulating the financial institution, and any secondary markets that purchase real estate secured loans. An appraisal prepared by an officer, director, regularly salaried employee, or agent of a financial institution who is not licensed or certified under this part 6 must contain a written notice that the preparer is not licensed or certified as an appraiser under this part 6.
(c) Appraisal, appraisal report, or real estate appraisal does not include
a federally authorized waiver valuation, as defined in 49 CFR 24.2 (a)(33), as amended.
(2) (a) Appraisal management company or AMC means, in connection
with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor in a consumer credit transaction secured by a consumer's principal dwelling that oversees an appraiser panel or by an underwriter of, or other principal in, the secondary mortgage markets that oversees an appraiser panel to:
(I) Recruit, select, and retain appraisers;
(II) Contract with licensed and certified appraisers to perform appraisal
assignments;
(III) Manage the process of having an appraisal performed, including
providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or
(IV) Review and verify the work of appraisers.
(b) Appraisal management company or AMC does not include:
(I) A corporation, limited liability company, sole proprietorship, or other
entity that directly performs appraisal services;
(II) A corporation, limited liability company, sole proprietorship, or other
entity that does not contract with appraisers for appraisal services, but that solely distributes orders to a client-selected panel of appraisers; and
(III) A mortgage company, or its subsidiary, that manages a panel of
appraisers who are engaged to provide appraisal services on mortgage loans either originated by the mortgage company or funded by the mortgage company with its own funds.
(3) Board means the board of real estate appraisers created in section 12-10-603.
(4) Client means the party or parties who engage an appraiser or an
appraisal management company for a specific assignment.
(5) Consulting services means services performed by an appraiser that do
not fall within the definition of an independent appraisal in subsection (7) of this section. Consulting services includes marketing, financing and feasibility studies, valuations, analyses, and opinions and conclusions given in connection with real estate brokerage, mortgage banking, and counseling and advocacy in regard to property tax assessments and appeals thereof; except that, if in rendering the services the appraiser acts as a disinterested third party, the work is deemed an independent appraisal and not a consulting service. Nothing in this subsection (5) precludes a person from acting as an expert witness in valuation appeals.
(5.5) Evaluation means an opinion about the market value of real estate
that is:
(a) Made in accordance with the 2010 Interagency Appraisal and Evaluation
Guidelines developed by the following federal agencies that regulate financial institutions:
(I) The federal reserve board;
(II) The office of the comptroller of the currency;
(III) The federal deposit insurance corporation;
(IV) The office of thrift supervision; and
(V) The national credit union administration; and
(b) Provided to a financial institution for use in a real-estate-related
transaction for which an appraisal is not required by the federal agencies listed in subsection (5.5)(a) of this section.
(6) Financial institution means any bank or savings association, as
those terms are defined in 12 U.S.C. sec. 1813, any state bank incorporated under title 11, any state or federally chartered credit union, or any company that has direct or indirect control over any of those entities.
(7) Independent appraisal means an engagement for which an appraiser is
employed or retained to act as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in or aspects of identified real estate.
(8) (a) Panel or appraiser panel means a network, list, or roster of
licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC.
(b) Appraisers on an AMC's appraiser panel include both:
(I) Appraisers accepted by the AMC for consideration for future appraisal
assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; and
(II) Appraisers engaged by the AMC to perform one or more appraisals in
covered transactions or for secondary mortgage market participants in connection with covered transactions.
(c) An appraiser is an independent contractor for purposes of this subsection
(8) if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation.
(9) (a) Real estate appraiser or appraiser means a person who provides an
estimate of the nature, quality, value, or utility of an interest in, or aspect of, identified real estate and includes one who estimates value and who possesses the necessary qualifications, ability, and experience to execute or direct the appraisal of real property.
(b) Real estate appraiser or appraiser does not include:
(I) A person who conducts appraisals strictly of personal property;
(II) A person licensed as a broker pursuant to part 2 of this article 10 who
provides an opinion of value that is not represented as an appraisal and is not used for purposes of obtaining financing;
(III) A person licensed as a certified public accountant pursuant to article 100
of this title 12, and otherwise regulated, as long as the person does not represent his or her opinions of value for real estate as an appraisal;
(IV) A corporation, acting through its officers or regularly salaried
employees, when conducting a valuation of real estate property rights owned, to be purchased, or sold by the corporation;
(V) A person who conducts appraisals strictly of water rights or of mineral
rights;
(VI) A right-of-way acquisition agent, an appraiser who is licensed and
certified pursuant to this part 6, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation when the agent, appraiser, or other qualified individual is employed by or contracts with a public entity and provides an opinion of value that is not represented as an appraisal and when, for any purpose, the property or portion of property being valued is valued at not more than the specified amount permitted by federal law and 49 CFR 24.102 (c)(2), as amended;
(VII) An officer, director, regularly salaried employee, or agent of a financial
institution or its affiliate who makes, for internal use only by the financial institution or affiliate, an analysis, evaluation, opinion, conclusion, notation, or compilation of data with respect to an appraisal so long as the person does not make a written adjustment of the appraisal's conclusion as to the value of the subject real property;
(VIII) An officer, director, regularly salaried employee, or agent of a financial
institution or its affiliate who makes an internal analysis, valuation, opinion, conclusion, notation, or compilation of data concerning an interest in real estate that is owned or held as collateral by the financial institution or its affiliate; or
(IX) A person who represents property owners as an advocate in tax or
valuation protests and appeals pursuant to title 39.
(10) Uniform standards of professional appraisal practice means the
standards for the appraisal profession in the United States, as adopted by congress in 1989 through the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub.L. 101-73, as amended, and that the Appraisal Foundation periodically updates.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
663, � 1, effective October 1; (2)(a)(I) amended, (SB 19-046), ch. 50, p. 164, � 3, effective October 1. L. 2020: (1)(b), (9)(b)(VII), and (9)(b)(VIII) amended, (SB 20-047), ch. 17, p. 71, � 1, effective September 14. L. 2022: (5.5) and (10) added, (HB 22-1261), ch. 315, p. 2248, � 3, effective August 10. L. 2025: (9)(b)(VI) amended, (HB 25-1292), ch. 175, p. 734, � 3, effective August 6.
Editor's note: (1) This section is similar to former � 12-61-702 as it existed
prior to 2019; except that � 12-61-702 (7) and (8) were relocated to � 12-10-101 (1) and (2), respectively.
(2) Before its relocation in 2019, this section was amended in SB 19-046.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from March 25, 2019, to October 1, 2019, see SB 19-046, chapter 50, Session Laws of Colorado 2019.
Cross references: For the legislative declaration in SB 19-046, see section 1
of chapter 50, Session Laws of Colorado 2019. For the legislative declaration in HB 25-1292, see section 1 of chapter 175, Session Laws of Colorado 2025.
C.R.S. § 12-10-605
12-10-605. Fees, penalties, and fines collected under part 6. All fees, penalties, and fines collected pursuant to this part 6, not including fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203, 12-10-606, or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund, created in section 12-10-215.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
669, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-705 as it existed prior
to 2019.
C.R.S. § 12-10-608
12-10-608. Errors and omissions insurance - duties of the division - certificate of coverage - group plan made available - rules. (1) Every licensee under this part 6, except an appraiser who is employed by a state or local governmental entity or an inactive appraiser or appraisal management company, shall maintain errors and omissions insurance to cover all activities contemplated under this part 6. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel any licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division.
(2) (a) If the division is unable to obtain errors and omissions insurance
coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section.
(b) The division shall solicit and consider information and comments from
interested persons when determining the reasonableness of annual premiums.
(3) The division shall determine the terms and conditions of coverage
required under this section based on rules promulgated by the board. Each licensee shall be notified of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the division. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the division by the annual premium renewal date, as determined by the division.
(4) In addition to all other powers and duties conferred upon the board by
this part 6, the board is authorized and directed to adopt rules it deems necessary or proper to carry out the requirements of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
673, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-708 as it existed prior
to 2019.
C.R.S. § 12-10-703
12-10-703. Board of mortgage loan originators - creation - compensation - enforcement of part after board creation - immunity. (1) (a) There is hereby created in the division of real estate a board of mortgage loan originators, consisting of five members appointed by the governor with the consent of the senate.
(b) Of the members of the board:
(I) Three must be licensed mortgage loan originators. The general assembly
encourages the governor to appoint to at least one of these three positions a licensed mortgage loan originator who is an employee or exclusive agent of, or works as an independent contractor for, a Colorado-based mortgage company.
(II) Two must be members of the public at large not engaged in mortgage
loan origination or mortgage lending.
(c) The term of office for a member is four years; except that the terms shall
be staggered so that no more than three members' terms expire in the same year.
(d) In the event of a vacancy by death, resignation, removal, or otherwise, the
governor shall appoint a member to fill the unexpired term. The governor has the authority to remove any member for misconduct, neglect of duty, or incompetence.
(2) (a) The board is a type 1 entity, as defined in section 24-1-105, and
exercises its powers and performs its duties and functions under the department.
(b) Notwithstanding any other provision of this part 7, on and after the
creation of the board by this section, the board shall exercise all of the rule-making, enforcement, and administrative authority of the director set forth in this part 7. The board has the authority to delegate to the director any enforcement and administrative authority under this part 7 that the board deems necessary and appropriate. If the board delegates any enforcement or administrative authority under this part 7 to the director, the director shall only be entitled to exercise such authority as specifically delegated in writing to the director by the board.
(3) Each member of the board shall receive the same compensation and
reimbursement of expenses as those provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund created in section 12-10-215.
(4) Members of the board, consultants, and expert witnesses shall be
immune from suit in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith pursuant to this part 7.
(5) A majority of the board shall constitute a quorum for the transaction of
all business, and actions of the board shall require a vote of a majority of the members present in favor of the action taken.
(6) (a) All rules promulgated by the director prior to August 11, 2010, shall
remain in full force and effect until repealed or modified by the board. The board shall have the authority to enforce any previously promulgated rules of the director under this part 7 and any rules promulgated by the board.
(b) Nothing in this section shall affect any action taken by the director prior
to August 11, 2010. No person who, on or before August 11, 2010, holds a license issued under this part 7 shall be required to secure an additional license under this part 7, but shall otherwise be subject to all the provisions of this part 7. A license previously issued shall, for all purposes, be considered a license issued by the board under this part 7.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
690, � 1, effective October 1. L. 2022: (1)(c) amended, (SB 22-013), ch. 2, p. 12, � 11, effective February 25; (2)(a) amended, (SB 22-162), ch. 469, p. 3392, � 112, effective August 10.
Editor's note: This section is similar to former � 12-61-902.5 as it existed prior
to 2019.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 12-10-704
12-10-704. License required - rules. (1) (a) Unless licensed by the board and registered with the nationwide mortgage licensing system and registry as a state-licensed loan originator, an individual shall not originate or offer to originate a mortgage or act or offer to act as a mortgage loan originator.
(b) On and after January 1, 2010, a licensed mortgage loan originator shall
apply for license renewal in accordance with subsection (5) of this section every calendar year as determined by the board by rule.
(2) An independent contractor may not engage in residential mortgage loan
origination activities as a loan processor or underwriter unless the independent contractor is a state-licensed loan originator.
(3) An applicant for initial licensing as a mortgage loan originator shall
submit to the board the following:
(a) A criminal history record check in compliance with subsection (6) of this
section;
(b) A disclosure of all administrative discipline taken against the applicant
concerning the categories listed in section 12-10-711 (1)(c); and
(c) The application fee established by the board in accordance with section
12-10-718.
(4) (a) In addition to the requirements imposed by subsection (3) of this
section, on or after August 5, 2009, each individual applicant for initial licensing as a mortgage loan originator must have satisfactorily completed:
(I) At least twenty hours of education as administered and approved by the
Nationwide Multistate Licensing System and Registry or its successor; and
(II) A written examination approved by the board. For the portion of the
examination that represents the state-specific test required in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. sec. 5101 et seq., as amended, the board may adopt the uniform state test administered through the Nationwide Multistate Licensing System and Registry or its successor.
(b) The board may contract with one or more independent testing services to
develop, administer, and grade the examinations required by subsection (4)(a) of this section and to maintain and administer licensee records. The contract may allow the testing service to recover from applicants its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors.
(c) The board may publish reports summarizing statistical information
prepared by the nationwide mortgage licensing system and registry relating to mortgage loan originator examinations.
(5) An applicant for license renewal shall submit to the board the following:
(a) A disclosure of all administrative discipline taken against the applicant
concerning the categories listed in section 12-10-711 (1)(c); and
(b) The renewal fee established by the board in accordance with section 12-10-718.
(6) (a) Prior to submitting an application for a license, an applicant shall
submit a set of fingerprints to the Colorado bureau of investigation. Upon receipt of the applicant's fingerprints, the Colorado bureau of investigation shall use the fingerprints to conduct a state and national criminal history record check using records of the Colorado bureau of investigation and the federal bureau of investigation. All costs arising from the fingerprint-based criminal history record check must be borne by the applicant and must be paid when the set of fingerprints is submitted. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the board. The board shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check.
(b) If the board determines that the criminal background check provided by
the nationwide mortgage licensing system and registry is a sufficient method of screening license applicants to protect Colorado consumers, the board may, by rule, authorize the use of that criminal background check instead of the criminal history record check otherwise required by this subsection (6).
(7) (a) On and after January 1, 2010, in connection with an application for a
license as a mortgage loan originator, the applicant shall furnish information concerning the applicant's identity to the nationwide mortgage licensing system and registry. The applicant shall furnish, at a minimum, the following:
(I) Fingerprints for submission to the federal bureau of investigation and any
government agency or entity authorized to receive fingerprints for a state, national, or international criminal history record check; and
(II) Personal history and experience, in a form prescribed by the nationwide
mortgage licensing system and registry, including submission of authorization for the nationwide mortgage licensing system and registry to obtain:
(A) An independent credit report from the consumer reporting agency
described in the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681a (p); and
(B) Information related to any administrative, civil, or criminal findings by a
government jurisdiction.
(b) An applicant is responsible for paying all costs arising from a criminal
history record check and shall pay the costs upon submission of fingerprints.
(c) The board shall acquire a name-based judicial record check, as defined in
section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check.
(8) Before granting a license to an applicant, the board shall require the
applicant to post a bond as required by section 12-10-717.
(9) The board shall issue or deny a license within sixty days after:
(a) The applicant has submitted the requisite information to the board and
the Nationwide Multistate Licensing System and Registry, including the completed application and any necessary supplementary information, the application fee, and proof that the applicant has posted a surety bond and obtained errors and omissions insurance; and
(b) The board receives the completed criminal history record check and all
other relevant information or documents necessary to reasonably ascertain facts underlying the applicant's criminal history.
(10) (a) The board may require, as a condition of license renewal on or after
January 1, 2009, continuing education of licensees for the purpose of enhancing the professional competence and professional responsibility of all licensees.
(b) Continuing professional education requirements shall be determined by
the board by rule; except that licensees shall be required to complete at least eight credit hours of continuing education each year. The board may contract with one or more independent service providers to develop, review, or approve continuing education courses. The contract may allow the independent service provider to recover from licensees its costs incurred in connection with these functions. The board may contract separately for these functions and may allow the costs to be collected by a single contractor for distribution to other contractors.
(11) (a) The board may require contractors and prospective contractors for
services under subsections (4) and (10) of this section to submit, for the board's review and approval, information regarding the contents and materials of proposed courses and other documentation reasonably necessary to further the purposes of this section.
(b) The board may set fees for the initial and continuing review of courses for
which credit hours will be granted. The initial filing fee for review of materials shall not exceed five hundred dollars, and the fee for continued review shall not exceed two hundred fifty dollars per year per course offered.
(12) The board may adopt reasonable rules to implement this section. The
board may adopt rules necessary to implement provisions required in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. sec. 5101 et seq., as amended, and for participation in the nationwide mortgage licensing system and registry.
(13) In order to fulfill the purposes of this part 7, the board may establish
relationships or contracts with the nationwide mortgage licensing system and registry or other entities designated by the nationwide mortgage licensing system and registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this part 7.
(14) The board may use the nationwide mortgage licensing system and
registry as a channeling agent for requesting information from or distributing information to the department of justice, a government agency, or any other source.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
691, � 1, effective October 1; (6)(a) and (7)(c) amended, (HB 19-1166), ch. 125, p. 566, � 72, effective October 1. L. 2022: (6)(a) and (7)(c) amended, (HB 22-1270), ch. 114, p. 516, � 13, effective April 21.
Editor's note: (1) This section is similar to former � 12-61-903 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.
C.R.S. § 12-10-707
12-10-707. Errors and omissions insurance - duties of the board - certificate of coverage - when required - group plan made available - effect - rules. (1) Every licensee under this part 7, except an inactive mortgage loan originator or an attorney licensee who maintains a policy of professional malpractice insurance that provides coverage for errors and omissions insurance for their activities as a licensee under this part 7, shall maintain errors and omissions insurance to cover all activities contemplated under this part 7. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel a licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division.
(2) (a) If the division is unable to obtain errors and omissions insurance
coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section.
(b) The division shall solicit and consider information and comments from
interested persons when determining the reasonableness of annual premiums.
(3) The division shall determine the terms and conditions of coverage
required under this section based on rules promulgated by the board. Each licensee shall be notified of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the division. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the division by the annual premium renewal date, as determined by the division.
(4) In addition to all other powers and duties conferred upon the board by
this part 7, the board shall adopt such rules as it deems necessary or proper to carry out this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
695, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-903.5 as it existed prior
to 2019.
C.R.S. § 12-10-709
12-10-709. Exemptions - definition - rules. (1) Except as otherwise provided in section 12-10-713, this part 7 does not apply to the following, unless otherwise determined by the federal bureau of consumer financial protection or the United States department of housing and urban development:
(a) With respect to a residential mortgage loan:
(I) A person, estate, or trust that provides mortgage financing for the sale of
no more than three properties in any twelve-month period to purchasers of the properties, each of which is owned by the person, estate, or trust and serves as security for the loan; or
(II) An individual who acts as a mortgage loan originator, without
compensation or gain to the mortgage loan originator, in providing loan financing for not more than three residential mortgage loans in any twelve-month period to a family member of the individual. The board shall define family member by rule. For purposes of this exemption only, compensation or gain excludes any interest paid under the loan financing provided.
(b) A bank and a savings association as these terms are defined in the
Federal Deposit Insurance Act, 12 U.S.C. sec. 1811 et seq., as amended, a subsidiary that is owned and controlled by a bank or savings association, employees of a bank or savings association, employees of a subsidiary that is owned and controlled by a bank or savings association, credit unions, and employees of credit unions;
(c) An attorney who renders services in the course of practice, who is
licensed in Colorado, and who is not primarily engaged in the business of negotiating residential mortgage loans;
(d) A person who:
(I) Funds a residential mortgage loan that has been originated and processed
by a licensed person or by an exempt person;
(II) Does not solicit borrowers in Colorado for the purpose of making
residential mortgage loans; and
(III) Does not participate in the negotiation of residential mortgage loans with
the borrower, except for setting the terms under which a person may buy or fund a residential mortgage loan originated by a licensed or exempt person;
(e) A loan processor or underwriter who is not an independent contractor and
who does not represent to the public that the individual can or will perform any activities of a mortgage loan originator. As used in this subsection (1)(e), represent to the public means communicating, through advertising or other means of communicating, or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual is able to provide a particular service or activity for a consumer.
(f) To the extent that it is providing programs benefitting affordable housing
dwelling units, an agency of the federal government, the Colorado government, or any of Colorado's political subdivisions or employees of an agency of the federal government, of the Colorado government, or of any of Colorado's political subdivisions;
(g) Quasi-government agencies, HUD-approved housing counseling
agencies, or employees of quasi-government agencies or HUD-approved housing counseling agencies;
(h) Community development organizations or employees of community
development organizations;
(i) Self-help housing organizations or employees of self-help housing
organizations or volunteers acting as an agent of self-help housing organizations;
(j) A person licensed under part 2 of this article 10 who represents a person,
estate, or trust providing mortgage financing under subsection (1)(a) of this section.
(2) The exemptions in subsection (1) of this section shall not apply to persons
acting beyond the scope of the exemptions.
(3) The board may adopt reasonable rules modifying the exemptions in this
section in accordance with rules adopted by the federal bureau of consumer financial protection or the United States department of housing and urban development.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
696, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-904 as it existed prior
to 2019.
C.R.S. § 12-100-105
12-100-105. Powers and duties of board. (1) The board has the power and duty to:
(a) Elect annually from among its members a chair and prescribe the duties
of such office;
(b) Make rules pursuant to the provisions of article 4 of title 24 and section
12-20-204;
(c) Make appropriate rules of professional conduct in order to establish and
maintain a high standard of integrity in the profession of public accounting. Any rule of professional conduct applies with equal force to all persons holding certificates under this article 100. No rule of professional conduct shall be promulgated that will work to the disadvantage of one group and in favor of another. Every person practicing as a certified public accountant in the state shall be governed and controlled by the rules. All rules of professional conduct shall be promulgated pursuant to the provisions of article 4 of title 24.
(d) Prescribe forms for and receive applications for certificates and grant
certificates, including contracting with people to receive and review the applications as the agent of the board;
(e) Give examinations to applicants and, as necessary, contract for
assistance in administering the examination;
(f) Take disciplinary or other action as authorized in section 12-20-404
against any person who, while holding a certificate, violates this article 100; issue confidential letters of concern under the circumstances specified in section 12-20-404 (5); issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405; or impose other conditions and limitations;
(g) Keep a record of all certificates, suspensions, and revocations and of the
board's own proceedings;
(h) Administer this article 100 and exercise and perform any other powers
and duties granted or directed by the general assembly;
(i) Collect all fees prescribed by this article 100.
(2) Publications of the board circulated in quantity outside the executive
branch shall be issued in accordance with the provisions of section 24-1-136.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
795, � 1, effective October 1.
Editor's note: This section is similar to former � 12-2-104 as it existed prior to
2019.
C.R.S. § 12-115-103
12-115-103. Definitions. As used in this article 115, unless the context otherwise requires:
(1) Apprentice means a person who is required to be registered as such
under section 12-115-115 (3)(a), who is in compliance with the provisions of this article 115, and who is working at the trade in the employment of a registered electrical contractor and is under the direct supervision of a licensed master electrician, journeyman electrician, or residential wireman.
(2) Board means the state electrical board created in section 12-115-104.
(2.5) Direct supervision means that the supervising licensed master
electrician, journeyman electrician, residential wireman, or photovoltaic installer is physically present at the same physical address where the apprentice is working.
(3) Electric light, heat, and power means the standard types of electricity
that are regulated in accordance with the national electrical code, excluding chapter 8, communications systems.
(4) Electrical contractor means any person, firm, copartnership,
corporation, association, or combination thereof that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. A licensed professional engineer who plans or designs electrical installation shall not be classed as an electrical contractor.
(5) Electrical work means wiring for, installing, and repairing electrical
apparatus and equipment for electric light, heat, and power.
(6) Journeyman electrician means a person having the necessary
qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work.
(7) Master electrician means a person having the necessary qualifications,
training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work, such as the national electrical code.
(7.5) NABCEP means the North American Board of Certified Energy
Practitioners.
(7.7) NABCEP PV installation professional means an individual who is
certified by the NABCEP to install photovoltaic systems.
(8) National electrical code means the code for the safe installation of
electrical wiring and equipment, as amended, published by the National Fire Protection Association and approved by the American National Standards Institute, or successor organizations.
(9) Permanent state highway tunnel facilities means all permanent state
highway tunnels, shafts, ventilation systems, and structures and includes all structures, materials, and equipment appurtenant to the facilities. The term includes all electrical equipment, materials, and systems to be constructed, furnished, and installed as part of the final construction features specified by the applicable contract plans and specifications or by the national electrical code. For the purposes of this article 115 and article 20 of title 34, permanent state highway tunnel facilities shall be deemed to be mines during the construction of the facilities.
(9.3) Photovoltaic installer has the meaning set forth in section 40-2-128
(2)(a.5).
(9.5) PV installation training means training concerning photovoltaic
systems installation practices described in the PV Installation Professional Job Task Analysis document published by the NABCEP.
(10) Qualified state institution of higher education means:
(a) One of the state institutions of higher education established under,
specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on the campuses;
(b) The institution whose campus is established under and specified in
section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and
(c) The institution whose campus is established under and specified in
section 23-20-101 (1)(d), but limited to current and future buildings owned, leased, or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).
(11) Residential wireman means a person having the necessary
qualifications, training, experience, and technical knowledge to wire for, and install, electrical apparatus and equipment for wiring one-, two-, three-, and four-family dwellings.
(12) Supervision means the management of a project to ensure that work
on the project is done correctly and according to the law.
(13) Tiny home has the meaning set forth in section 24-32-3302 (35).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
843, � 1, effective October 1; (2.5) and (12) added and (3) amended, (SB 19-156), ch. 346, p. 3203, � 10, effective October 1. L. 2022: (13) added, (HB 22-1242), ch. 172, p. 1136, � 27, effective August 10. L. 2025: (2.5) and (3) amended and (7.5), (7.7), (9.3), and (9.5) added, (SB 25-165), ch. 370, p. 1996, � 1, effective August 6.
Editor's note: (1) This section is similar to former � 12-23-101 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
C.R.S. § 12-115-104
12-115-104. State electrical board. (1) There is hereby established a state electrical board, which consists of nine members appointed by the governor, with the consent of the senate, who must be residents of the state of Colorado. The governor shall strongly consider appointing an electrician who works primarily in the residential sector to at least one of the four seats allotted to master or journeyman electricians pursuant to subsection (1)(a) or (1)(b) of this section. The qualifications of the members are as follows:
(a) Two members shall be electrical contractors who have masters' licenses;
(b) Two members shall be master or journeymen electricians who are not
electrical contractors;
(c) One member shall be a representative of private, municipal, or
cooperative electric utilities rendering electric service to the ultimate public;
(d) One member shall be a building official from a political subdivision of the
state performing electrical inspections;
(e) One member shall be a general contractor actively engaged in the
building industry; and
(f) Two members shall be appointed from the public at large.
(2) All members of the board shall serve for three-year terms and all
appointees shall be limited to two full terms each. Any vacancy occurring in the membership of the board shall be filled by the governor by appointment for the unexpired term of the member. The governor may remove any member of the board for misconduct, incompetence, or neglect of duty.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
845, � 1, effective October 1; IP(1) amended, (SB 19-156), ch. 346, p. 3203, � 11, effective October 1.
Editor's note: (1) This section is similar to former � 12-23-102 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
C.R.S. § 12-115-107
12-115-107. Board powers and duties - rules - definitions. (1) (a) The board, annually in the month of July, shall elect from its membership a chair and vice-chair. The board shall meet at least annually and at such other times as it deems necessary.
(b) A majority of the board shall constitute a quorum for the transaction of
all business.
(2) In addition to all other powers and duties conferred or imposed upon the
board by this article 115, the board is authorized to:
(a) (I) Adopt, and from time to time revise, rules pursuant to section 12-20-204. In adopting the rules, the board shall be governed when appropriate by the
standards in the most current edition of the national electrical code or by any modifications to the standards made by the board after a hearing is held pursuant to the provisions of article 4 of title 24. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. A copy of the code shall be kept in the office of the board and open to public inspection. Nothing contained in this section prohibits any city, town, county, city and county, or qualified state institution of higher education from making and enforcing any such standards that are more stringent than the minimum standards adopted by the board, and any city, town, county, city and county, or qualified state institution of higher education that adopts more stringent standards shall furnish a copy thereof to the board. The standards adopted by the board shall be prima facie evidence of minimum approved methods of construction for safety to life and property. The affirmative vote of two-thirds of all appointed members of the board is required to set any standards that are different from those set forth in the national electrical code. If requested in writing, the board shall send a copy of newly adopted standards and rules to any interested party at least thirty days before the implementation and enforcement of the standards or rules. The copies may be furnished for a fee established pursuant to section 12-20-105.
(II) In the event of a conflict between the 2021 international energy
conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a), the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a) prevail.
(b) Register apprentices and register and renew the registration of qualified
electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article 115;
(c) Cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 115 and incur necessary expenses therefor;
(d) Inspect and approve or disapprove the installation of electrical wiring,
renewable energy systems, apparatus, or equipment for electric light, heat, and power according to the minimum standards in the national electrical code or as prescribed in this article 115. With respect to:
(I) An inverter-based hydroelectric energy facility generating one hundred
kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, an inspector shall inspect a hydroelectric energy installation in accordance with the minimum standards set forth in the edition of the national electrical code in effect on May 29, 2015; however, if a micro hydro assembly manufactured for the purpose of generating electricity in a micro hydro system uses an inverter that is listed and identified for interconnection service, the inspector shall deem the system's equipment compliant with section 705.4 of the edition of the national electrical code in effect on May 29, 2015. For purposes of this subsection (2)(d), a micro hydro system means a hydroelectric generation system that generates one hundred kilowatts or less.
(II) An induction-based hydroelectric energy facility generating one hundred
kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, the installation of a hydroelectric energy turbine, induction generator, and control panel shall be certified:
(A) To a listing standard by a field evaluation body or nationally recognized
testing laboratory; or
(B) By a professional engineer, by means of signing and stamping
documentation of the project, as required in a form and manner determined by the board, indicating that the installation meets design criteria set forth in the Institute of Electrical and Electronics Engineers' (IEEE) standard for interconnecting distributed resources with electric power systems.
(e) Apply any hydroelectric energy provisions of an updated national
electrical code, notwithstanding any provision in subsection (2)(d) of this section to the contrary, if the national electrical code is updated to address hydroelectric energy specifically;
(f) (I) Regulate a licensed master electrician, journeyman electrician,
residential wireman, or photovoltaic installer who, acting within their scope of competence, supervises a solar photovoltaic installation pursuant to section 40-2-128.
(II) All photovoltaic electrical work for installations of at least three hundred
kilowatts, including the interconnection of the modules, grounding of the modules, any balance of system wiring, and the customer-side point of connection to the utility grid, must:
(A) Be performed by a licensed master electrician, a licensed journeyman
electrician, a licensed residential wireman, or properly supervised electrical apprentices; and
(B) Comply with all applicable requirements of this article 115, including
sections 12-115-109 and 12-115-115, and all applicable rules of the board.
(III) Only an electrical contractor or a photovoltaic installer may perform or
offer to perform photovoltaic electrical work for installations of less than three hundred kilowatts.
(f.5) Regulate photovoltaic electrical work for installations of less than three
hundred kilowatts performed in accordance with section 40-2-128;
(g) Review and approve or disapprove requests for exceptions to the national
electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised;
(h) Conduct investigations and hearings and gather evidence in accordance
with the provisions of sections 12-20-403 and 24-4-105;
(i) Enter into reciprocal licensing agreements with the electrical board, or its
equivalent, of another state or states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado;
(j) Find, upon holding a hearing, that an incorporated town or city, county,
city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 115 if the local inspection authority, including a qualified state institution of higher education, has failed to adopt or adhere to the minimum standards required by this article 115 within twelve months after the board has adopted the standards by rule pursuant to this subsection (2);
(k) Issue an order to cease and desist from issuing permits or performing
inspections under this article 115 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 115 pursuant to subsection (2)(j) of this section;
(l) Apply to a court to enjoin an incorporated town or city, county, city and
county, or qualified state institution of higher education from violating an order issued pursuant to subsection (2)(k) of this section.
(3) (a) No later than September 1, 2023, the board shall promulgate rules
requiring that, to obtain an electrical permit under this article 115 on or after March 1, 2024, a permit applicant must comply with the EV power transfer infrastructure requirements for multifamily buildings in the model electric ready and solar ready code.
(b) (I) If the rules adopted in accordance with this subsection (3) conflict with
a provision of the building or zoning code, the rules prevail unless the provision provides for greater access to parking supplied by EV power transfer infrastructure than is required by the rules.
(II) If a provision of a local building or zoning code prevents a project or
development from complying with the rules adopted in accordance with this subsection (3), then the rules prevail.
(c) (I) This subsection (3) applies to electrical permits for new construction of
or for major renovations of multifamily buildings that must comply with the EV power transfer infrastructure requirements of the model electric ready and solar ready code.
(II) The board and the department shall not enforce the rules promulgated
under subsection (3)(a) of this section before March 1, 2024.
(III) If an electrical permit application is submitted to a local electrical
inspection authority before the enforcement date in subsection (3)(c)(II) of this section but an electrical permit has not yet been issued, the local electrical inspection authority may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.
(IV) If a site development plan application is submitted to a local government
and has been approved by March 1, 2024, the local government may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.
(d) (I) In promulgating the rules required under subsection (3)(a) of this
section, the board shall ensure all requirements adopted in the rules are in compliance with the requirements of the national electrical code, as amended under subsection (2)(a)(I) of this section.
(II) Within ninety days after any update made by the energy code board to
the EV power transfer infrastructure requirements for multifamily housing in the model electric ready and solar ready code, the board shall update the rules promulgated under subsection (3)(a) of this section with the same changes. The board shall not enforce the updated rules until two hundred seventy days after the updated rules are adopted.
(III) The rules promulgated under subsection (3)(a) of this section do not
supersede or preempt the safety requirements of other building codes, whether promulgated by an agency of the state of Colorado or of a local government.
(e) Any installations or upgrades performed in accordance with the rules
promulgated under this subsection (3) on the load side of the utility meter must comply with this article 115, including subsection (2)(a) of this section, which requires compliance with the national electrical code, and sections 12-115-109 and 12-115-115, and all rules of the board.
(f) For all electric vehicle infrastructure or charging stations owned by an
electric utility, the utility shall comply with section 40-5-107 (3)(b).
(g) As used in this subsection (3) and in subsection (4) of this section:
(I) Electric vehicle charging system has the meaning set forth in section
38-12-601 (6)(a).
(II) EV power transfer infrastructure means any system that is used to
charge electric vehicles and that is addressed in or required by the model electric ready and solar ready code.
(III) Major renovations means renovations that change a minimum of fifty
percent or more of the parking area.
(IV) Model electric ready and solar ready code means the code developed
by the energy code board under section 24-38.5-401 (5)(a) to make buildings electric ready as specified in section 24-38.5-401 (5)(b).
(4) (a) Notwithstanding any authority granted to the board by this section,
the board shall not promulgate rules prohibiting the installation of electric vehicle charging systems unless the rules are narrowly drafted to address a bona fide safety concern.
(b) Any rule promulgated by the board that prohibits the installation of
electric vehicle charging systems is subject to judicial review as authorized in article 4 of title 24.
(5) (a) Notwithstanding any authority granted to the board by this section
and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).
(b) Electrical installations that connect these structures to external utility
sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed electrician under a registered electrical contractor.
(c) The inspection and inspectors of these installations, other than those
authorized to be performed by a registered installer, are regulated in this article 115 and must be performed by licensed electrical inspectors.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
846, � 1, effective October 1; (2)(f) amended, (HB 19-1003), ch. 360, p. 3339, � 4, effective October 1. L. 2022: (2)(a) amended, (HB 22-1362), ch. 301, p. 2178, � 2, effective June 2. L. 2023: (3) and (4) added, (HB 23-1233), ch. 245, p. 1317, � 2, effective May 23. L. 2025: (5) added, (SB 25-002), ch. 172, p. 713, � 3, effective May 8; (2)(f) amended (2)(f.5) added, (SB 25-165), ch. 370, p. 2000, � 5, effective August 6.
Editor's note: (1) This section is similar to former � 12-23-104 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1003.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1003, chapter 360, Session Laws of Colorado 2019.
Cross references: For the legislative declaration in HB 23-1233, see section 1
of chapter 245, Session Laws of Colorado 2023. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 12-115-110
12-115-110. License requirements - rules - continuing education - photovoltaic installer registration - repeal. (1) Master electrician. (a) An applicant for a master electrician's license shall furnish written evidence that:
(I) The applicant is a graduate electrical engineer of an accredited college or
university and has one year of practical electrical experience in the construction industry;
(II) The applicant is a graduate of an electrical trade school or community
college and has at least four years of practical experience in electrical work; or
(III) The applicant has had at least one year of practical experience in
planning, laying out, supervising, and installing wiring, apparatus, or equipment for electric light, heat, and power beyond the practical experience requirements for the journeyman's license.
(b) Each applicant for a license as a master electrician must file an
application on forms prepared and furnished by the board, together with the application fee provided in section 12-115-117 (1). The board shall notify each applicant that the evidence submitted with the application is sufficient to qualify the applicant for licensure or that the evidence is insufficient and the application is rejected. If the application is rejected, the board shall set forth the reasons for the rejection in the notice to the applicant.
(2) Journeyman electrician. (a) An applicant for a journeyman electrician's
license shall furnish written evidence that the applicant has had the following:
(I) Eight thousand hours over a period of at least four years' apprenticeship
in the electrical trade or eight thousand hours over a period of at least four years' practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power;
(II) Two thousand hours over a period of at least two years of the applicant's
experience required by subsection (2)(a)(I) of this section has been in commercial, industrial, or substantially similar work; and
(III) During the last eight years of the applicant's training, apprenticeship, or
practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power, completion of at least two hundred eighty-eight hours of training in safety, the national electrical code and its applications, and any other training required by the board that is provided by an accredited college or university, an established industry training program, or any other provider whose training is conducted in compliance with rules adopted by the board, in collaboration with established industry training programs and industry representatives. The board may grant an applicant credit toward the training requirement in this subsection (2)(a)(III) for training that occurred before the last eight years of the applicant's training, apprenticeship, or practical experience if the applicant provides proof of completion of no less than four hours of additional training on the current or immediately previous edition of the national electrical code or the standards adopted by the board pursuant to section 12-115-107 (2)(a).
(b) An applicant may substitute for required practical experience evidence of
academic training or practical experience in the electrical field, which is credited as follows:
(I) If the applicant is a graduate electrical engineer of an accredited college
or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.
(II) If the applicant has academic training, including military training or PV
installation training, that does not qualify under subsection (2)(b)(I) of this section, the board may provide work experience credit for the training or for substantially similar training established by rule.
(c) Any application for a license and notice to the applicant shall be made
and given as provided for in the case of a master electrician's license.
(3) Residential wireman. (a) An applicant for a residential wireman's license
shall furnish written evidence that the applicant has at least two years of accredited training or four thousand hours over a period of at least two years of practical experience in wiring one-, two-, three-, and four-family dwellings.
(b) An applicant may substitute for required practical experience evidence of
academic training in the electrical field, which is credited as follows:
(I) If the applicant is a graduate electrical engineer of an accredited college
or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.
(II) If the applicant has academic training, including military training or PV
installation training, that is not sufficient to qualify under subsection (3)(b)(I) of this section, the board may provide work experience credit for the training according to a uniform ratio established by rule.
(c) Any residential wireman's license issued under this section shall be
clearly marked as such across its face.
(4) (a) The board shall provide for licensing examinations. Any examination
that is given for master electricians, journeymen electricians, and residential wiremen shall be subject to board approval. The board, or its designee, shall conduct and grade the examination and shall set the passing score to reflect a minimum level of competency. If it is determined that the applicant has passed the examination, the division, upon written notice from the board or the program director, acting as an agent thereof, and upon payment by the applicant of the fee provided in section 12-115-117, shall issue to the applicant a license that authorizes him or her to engage in the business, trade, or calling of a master electrician, journeyman electrician, or residential wireman.
(b) All license and registration expiration and renewal schedules shall be in
accord with the provisions of section 12-20-202. Fees in regard to such renewals shall be those set forth in section 12-115-117.
(c) Licenses issued pursuant to this article 115 are subject to the renewal,
expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 115 or section 12-20-202 (1).
(d) (I) (A) Except as otherwise provided in subsection (4)(d)(I)(B) of this
section, on or after January 1, 2018, the department shall not renew or reinstate a license unless the applicant has completed twenty-four hours of continuing education since the date of issuance of the applicant's initial license or, if the applicant's license was renewed or reinstated, the most recent renewal or reinstatement.
(B) Subsection (4)(d)(I)(A) of this section does not apply to the first renewal
or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to subsection (4)(a) of this section.
(II) On or before April 1, 2017, the board, in collaboration with established
industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards, which requirements and standards must include course work related to the national electrical code, including core competencies as determined by the board. A renewal or reinstatement license applicant shall furnish or cause to be furnished to the board, in a form and manner required by the board, documentation to demonstrate compliance with this subsection (4)(d)(II) and rules promulgated pursuant to this subsection (4)(d)(II). To ensure consumer protection, the board's rules may include audit standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.
(5) (a) No person, firm, copartnership, association, or combination thereof
shall engage in the business of an electrical contractor without having first registered with the board. The board shall register the contractor upon payment of the fee as provided in section 12-115-117, presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state, and satisfaction of the requirements of subsection (5)(b) or (5)(c) of this section.
(b) If either the owner or the part owner of any firm, copartnership,
corporation, association, or combination thereof has been issued a master electrician's license by the division and is in charge of the supervision of all electrical work performed by the contractor, upon written notice from the board or the program director, acting as the agent thereof, the division shall promptly, upon payment of the fee as provided in section 12-115-117, register the licensee as an electrical contractor.
(c) If any person, firm, copartnership, corporation, association, or
combination thereof engages in the business of an electrical contractor and does not comply with subsection (5)(b) of this section, it shall employ at least one licensed master electrician, who shall be in charge of the supervision of all electrical work performed by the contractor.
(d) No holder of a master's license shall be named as the master electrician,
under subsection (5)(b) or (5)(c) of this section, for more than one contractor, and a master name shall be actively engaged in a full-time capacity with that contracting company. The qualifying master license holder shall be required to notify the board within fifteen days after his or her termination as a qualifying master license holder. The master license holder is responsible for all electrical work performed by the electrical contracting company. Failure to comply with a notification may lead to discipline of the master license holder as provided in section 12-115-122.
(6) (a) For the purposes of subsections (2)(a)(I) and (3)(a) of this section, in
addition to other means of earning practical experience, an applicant earns practical experience by working:
(I) Two thousand hours as a NABCEP PV installation professional working for
or working as a photovoltaic installer;
(II) Up to two thousand hours of practical experience working under the
supervision of a NABCEP PV installation professional working for or working as a photovoltaic installer, so long as the supervising NABCEP PV installation professional provides proof of the applicant's employment and an affidavit attesting that the applicant earned the hours working under the supervision of a NABCEP PV installation professional; or
(III) Up to four thousand hours as a NABCEP PV installation professional
working for or working as a photovoltaic installer if the applicant submits additional documentation to the board, including payroll records, work orders, project descriptions, or other relevant materials that document significant solar industry work that qualifies as electrical hours. The board shall review the documentation and determine how many hours of practical experience the applicant earns beyond the two thousand hours permitted by subsection (6)(a)(I) of this section.
(b) For every two hours that an applicant works as described in subsection
(6)(a)(II) or (6)(a)(III) of this section, the applicant earns one hour for the purposes of subsection (2)(a)(I) or (3)(a) of this section.
(7) (a) A contractor that is operating as of September 1, 2025, and that
performs work as a photovoltaic installer pursuant to section 40-2-128 with at least one NABCEP-certified employee shall register as a photovoltaic installer with the board on or before December 31, 2026; except that a contractor may register with the board during a sixty-day grace period in accordance with section 12-20-202 (1)(e).
(b) A contractor registering as a photovoltaic installer pursuant to this
subsection (7) shall designate an agent or agents for the purpose of registration with the board.
(c) If none of the agents designated pursuant to subsection (7)(b) of this
section are affiliated with the contractor:
(I) The contractor's registration as a photovoltaic installer with the board is
invalid; and
(II) The contractor's registration is ineligible for reinstatement.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
849, � 1, effective October 1; (1)(b) amended, (SB 19-156), ch. 346, p. 3204, � 13, effective October 1. L. 2025: (2)(a), IP(2)(b), (2)(b)(II), (3)(a), IP(3)(b), and (3)(b)(II) amended and (6) and (7) added, (SB 25-165), ch. 370, p. 1997, � 2, effective August 6.
Editor's note: (1) This section is similar to former � 12-23-106 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
C.R.S. § 12-115-114
12-115-114. Temporary permits - rules. The board or the program director or the director's agent, as provided in the rules promulgated by the board, shall issue temporary permits to engage in the work of a master electrician in cases where an electrical contractor no longer has the services of any master electrician as required under this article 115 and shall issue temporary permits to engage in the work of a journeyman electrician or residential wireman to any applicant who furnishes evidence satisfactory to the board that the applicant has the required experience to qualify for the examination provided in this article 115 and who pays the fee provided in section 12-115-117 for the permits. In addition, and in a similar manner, the board or the program director or the director's agent shall issue temporary permits to any applicant who furnishes evidence satisfactory to the board that the applicant qualifies for a master electrician's license and who pays the required fee. Temporary permits shall continue in effect for no more than thirty days after issuance and may be revoked by the board at any time.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
853, � 1, effective October 1.
Editor's note: This section is similar to former � 12-23-110 as it existed prior
to 2019.
C.R.S. § 12-115-115
12-115-115. Apprentices - supervision - registration - data-sharing agreement - discipline - rules. (1) Any person may work as an apprentice but shall not do any electrical wiring for the installation of electrical apparatus or equipment for light, heat, or power except under the direct supervision of a licensed electrician. A licensed electrician shall not directly supervise more than three apprentices at a job site.
(2) An electrical contractor, journeyman electrician, master electrician, or
residential wireman who is the employer or direct supervisor of any electrical apprentice working at the trade is responsible for the work performed by the apprentice. The board may take disciplinary action against the contractor, electrician, or residential wireman under section 12-115-122 for any improper work performed by an electrical apprentice working at the trade while employed by and under the direct supervision of that person. The registration of the apprentice may also be subject to disciplinary action under section 12-115-122.
(3) (a) Upon employing an apprentice to work at the trade, the electrical
contractor, within thirty days after the initial employment, shall register the apprentice with the board. The employer shall also remove each apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.
(b) An apprentice must be under the direct supervision of a licensed
electrician as set forth in subsection (1) of this section.
(c) By January 1 each year, an electrical contractor, an apprenticeship
program registered with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor that employs an apprentice in this state shall report to the board the name and contact information of each apprentice in the apprenticeship program and the cumulative number of practical training hours and certified classroom hours each apprentice has completed toward the journeyman electrician licensure requirements specified in section 12-115-110. The board shall keep the information reported pursuant to this subsection (3)(c) confidential from all parties other than from the apprentice through the apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (7) of this section, indicate whether the apprentice has completed the required practical training hours and classroom hours in the department of regulatory agency's online apprenticeship directory.
(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2027.]
(a) (I) An electrical contractor shall not register with the board pursuant to subsection (3) of this section an apprentice who is in a construction industry apprenticeship program registered with the United States department of labor or a state apprenticeship agency recognized by the United States department of labor unless the apprentice is enrolled in an apprenticeship program training the apprentice for an occupation officially recognized by the United States department of labor as an electrical occupation, as defined by the United States department of labor, bureau of labor statistics, occupational employment and wage statistics occupation code 47.2111.
(II) On or before July 1, 2027, the state apprenticeship agency and the
department, if existing resources are available or if the department receives sufficient gifts, grants, or donations pursuant to subsection (7) of this section, shall establish a data-sharing agreement to allow verification of eligibility for registration with the board pursuant to subsection (3.5)(a)(I) of this section.
(b) (I) If the board determines that an apprentice is not in compliance with
subsection (3.5)(a) of this section, the board shall notify the electrical contractor that registered the apprentice with the board. Within thirty days after notification of noncompliance, the electrical contractor shall provide proof that the apprentice is eligible to be registered as an electrical apprentice with the board. If the board verifies within sixty days after notification of noncompliance that the apprentice is eligible to be registered as an electrical apprentice, the apprentice will remain registered with the board.
(II) If the board cannot verify that an apprentice is eligible to be registered as
an electrical apprentice within sixty days after notice of noncompliance pursuant to subsection (3.5)(b)(I) of this section, the board shall remove the apprentice's registration with the board, and the noncompliant apprentice shall not perform work as an electrical apprentice in the state.
(III) This subsection (3.5) does not apply to an electrical apprentice whose
training is provided directly by the electrical contractor or another electrical training program that is not an apprenticeship program registered with the United States department of labor or a state apprenticeship agency.
(4) On and after January 1, 2021, contingent on the availability of existing
resources within the department or the receipt of gifts, grants, and donations pursuant to subsection (7) of this section:
(a) (I) An apprentice who has been registered for at least six years, has
completed eight thousand hours of practical training, and meets all other journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least every three years in alignment with the license renewal cycle until the apprentice receives a passing score.
(II) If an apprentice has failed to pass the license examination in two
consecutive three-year periods, the apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.
(b) An apprentice who has been registered for at least six years and who
does not meet the journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least once every three years in alignment with the license renewal cycle until the apprentice receives a passing score. Once the apprentice passes the license examination, the apprentice must meet all other journeyman electrician license requirements specified in section 12-115-110 before the board may issue a journeyman electrician license to the apprentice.
(5) (a) If the cumulative training and classroom hours of an apprentice are
not reported as required by subsection (3)(c) of this section or if an apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the apprentice's registration until the requirements are met.
(b) If an apprentice who is required to take the license examination pursuant
to subsection (4) of this section has a learning disability, the apprentice, electrical contractor, or apprenticeship program may request that the board make accommodations for the apprentice to take the examination with the appropriate level of support.
(6) Repealed.
(7) The department may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
853, � 1, effective October 1; (1), (2), and (3)(b) amended, (SB 19-156), ch. 346, p. 3204, � 14, effective October 1. L. 2020: (3)(a) amended and (3)(c) and (4) to (7) added, (SB 20-120), ch. 244, p. 1171, � 1, effective September 14. L. 2023: (3)(c) amended, (SB 23-051), ch. 37, p. 144, � 16, effective March 23. L. 2025: (3.5) added, (HB 25-1284), ch. 403, p. 2301, � 1, effective January 1, 2027.
Editor's note: (1) This section is similar to former � 12-23-110.5 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
(3) Subsection (6)(b) provided for the repeal of subsection (6), effective July
1, 2021. (See L. 2020, p. 1173.)
C.R.S. § 12-115-116
12-115-116. Exemptions - definition. (1) Employees of public service corporations, rural electrification associations, or municipal utilities generating, distributing, or selling electrical energy for light, heat, or power or for operating street railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or employees of railroad corporations, or lawfully permitted or franchised cable television companies and their employees shall not be required to hold licenses while doing electrical work for those purposes.
(2) Nothing in this article 115 shall be construed to require any individual to
hold a license before doing electrical work on his or her own property or residence if all such electrical work, except for maintenance or repair of existing facilities, is inspected as provided in this article 115; if, however, the property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is generally open to the public, the owner shall be responsible for, and the property shall be subject to, all of the provisions of this article 115 pertaining to inspection and licensing, unless specifically exempted therein.
(3) (a) Nothing in this article 115 requires a regular employee of a firm or
corporation to hold a license before doing any electrical work on the property of the firm or corporation, whether or not the property is owned, leased, or rented if:
(I) The firm or corporation employing the employee performing the work has
all the electrical work installed in conformity with the minimum standards as set forth in this article 115;
(II) The work is subject to inspection by the board or its inspectors by request
in writing in accordance with section 12-115-120; and
(III) The property of the firm or corporation is not generally open to the
public.
(b) Neither a license for the firm or corporation, nor an inspection by the
board or its inspectors, nor the payment of any fees thereon shall be required, with the exception of inspection by the board or its inspectors when performed by written request. Nothing contained in this article 115 requires a license, an inspection by the board or its inspectors, or the payment of any fees for any electrical work performed for the maintenance or repair of existing facilities that are exempt as provided in this section.
(4) If the property of any person, firm, or corporation is: Rental property or is
developed for sale, lease, or rental; occupied or is to be occupied by tenants for lodging, either transient or permanent; or generally open to the public, the property is subject to all the provisions of this article 115 pertaining to inspection and licensing; except that the maintenance or repair of existing property specified in this subsection (4) is not subject to this article 115.
(5) Nothing in this article 115 shall be construed to cover the installation,
maintenance, repair, or alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks, dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the controllers. Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.
(6) (a) Nothing in this article 115 shall be construed to require an individual to
hold a license before doing any maintenance or repair of existing facilities on his or her own property or residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected therewith.
(b) Nothing in this article 115 shall be construed to require any firm or
corporation or its regular employees to be required to hold a license before doing maintenance or repair of existing facilities on the property of the firm or corporation, whether or not the property is generally open to the public; nor shall inspection by the board or its inspectors or the payment of any fees connected therewith be required.
(c) For the purposes of this subsection (6), maintenance or repair of existing
facilities means to preserve or keep in good repair lawfully installed facilities by repairing or replacing components with new components that serve the same purpose.
(7) An individual, firm, copartnership, or corporation may engage in business
as an electrical contractor without an electrician's license if all electrical work performed by the individual, firm, copartnership, or corporation is under the direction and control of a licensed master electrician.
(8) Any person who plugs in any electrical appliance where an approved
electrical outlet is already installed shall not be considered an installer.
(9) No provision of this article 115 shall in any manner interfere with, hamper,
preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if the connection of the appliance does not necessitate the installation of electrical wiring of the structure where the appliance is connected.
(10) The provisions of this article 115 shall not be applicable to the
installation or laying of metal or plastic electrical conduits in bridge or highway projects where the conduits must be laid according to specifications complying with applicable electrical codes.
(11) Repealed.
(12) Inasmuch as electrical licensing and the examination of persons
performing electrical work is a matter of statewide concern, the examination, certification, licensing, or registration of electrical contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are licensed, registered, or certified under this article 115 shall not be required by any city, town, county, city and county, or qualified state institution of higher education; however, any such local governmental authority or qualified state institution of higher education may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of the authority or within buildings owned or leased or on land owned by the qualified state institution of higher education. No fee shall be charged for the registration.
(13) The provisions of this article 115 shall not be applicable to any surface or
subsurface operation or property used in, around, or in conjunction with any mine that is inspected pursuant to the Federal Mine Safety and Health Amendments Act of 1977, Pub.L. 95-164, as amended, except permanent state highway tunnel facilities, which shall conform to standards based on the national electrical code. Nothing contained in this subsection (13) shall prohibit the department of transportation from adopting more stringent standards or requirements than those provided by the minimum standards specified in the national electrical code, and the department of transportation shall furnish a copy of the more stringent standards to the board.
(14) (a) The permit and inspection provisions of this article 115 do not apply
to:
(I) Installations under the exclusive control of electric utilities for the
purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, whether the installations are located in buildings used exclusively for utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; or
(II) Load control devices for electrical hot water heaters that are owned,
leased, or otherwise under the control of, and are operated by, an electric utility, and are on the load side of the single-family residential meter, if the equipment was installed by a registered electrical contractor. The contractor will notify appropriate local authorities that the work has been completed in order that an inspection may be made at the expense of the utility company.
(b) This subsection (14) does not exempt any premises wiring on buildings,
structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (14), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (14) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility.
(15) Nothing in this article 115 shall be construed to:
(a) Cover the installation, maintenance, repair, or alteration of security
systems of fifty volts or less, lawn sprinkler systems, environmental controls, or remote radio-controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.
(b) Cover the installation, maintenance, repair, or alteration of electronic
computer data processing equipment and systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.
(c) (I) Except to the extent that a communication system's cables and
systems utilized for conveying power are hard-wired into a building's electrical system but subject to subsection (16)(a) of this section, cover the installation, maintenance, repair, or alteration of communications systems, including:
(A) Telephone and telegraph systems not exempted as utilities in subsection
(1) of this section;
(B) Radio and television receiving and transmitting equipment and stations;
and
(C) Antenna systems other than community antenna television systems
beyond the terminals of the controllers.
(II) The contractors performing any installation, maintenance, repair, or
alteration under the exemption specified in this subsection (15)(c) and their employees are not covered by the licensing requirements of this article 115.
(d) Cover the installation, maintenance, repair, or alteration of electric signs,
cranes, hoists, electroplating, industrial machinery, and irrigation machinery beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.
(e) Cover the installation, maintenance, repair, or alteration of equipment and
wiring for sound recording and reproduction systems, centralized distribution of sound systems, public address and speech-input systems, or electronic organs beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.
(f) Require either that employees of the federal government who perform
electrical work on federal property shall be required to be licensed before doing electrical work on the property or that the electrical work performed on the property shall be regulated pursuant to this article 115;
(g) Require licensing that covers the installation, maintenance, repair, or
alteration of fire alarm systems operating at fifty volts or less. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115 but shall be subject to all provisions of this article 115 pertaining to inspections and permitting.
(16) Nothing in this article 115 applies to:
(a) (I) The installation, maintenance, repair, or alteration of class 2 and class
3 remote-control, signaling, and power-limited circuits, as defined by the national electrical code; or
(II) Contractors or their employees performing any installation, maintenance,
repair, or alteration of the circuits specified in subsection (16)(a)(I) of this section; or
(b) The installation, maintenance, repair, or alteration of traffic signals or
requires licensure for that work.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
854, � 1, effective October 1; (3), (4), IP(14)(a), (14)(a)(II), and (15)(c) amended, (11) repealed, and (16) added, (SB 19-156), ch. 346, p. 3204, � 15, effective October 1.
Editor's note: (1) This section is similar to former � 12-23-111 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
C.R.S. § 12-115-117
12-115-117. Fees. (1) As established pursuant to section 12-20-105, fees shall be charged by the board for the following:
(a) Master electrician's license or permit;
(b) Renewal of master electrician's license;
(c) Journeyman electrician's license or permit;
(d) Renewal of journeyman electrician's license;
(e) Examination for master electrician;
(f) Examination for journeyman electrician;
(g) Electrical contractor registration;
(h) Renewal of electrical contractor registration;
(i) Residential wireman's license or permit;
(j) Renewal of residential wireman's license;
(k) Examination for residential wireman;
(l) Apprentice registration; and
(m) Photovoltaic installer registration.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
858, � 1, effective October 1. L. 2025: (1)(l) amended and (1)(m) added, (SB 25-165), ch. 370, p. 2001, � 6, effective August 6.
Editor's note: This section is similar to former � 12-23-112 as it existed prior
to 2019.
C.R.S. § 12-115-119
12-115-119. Inspectors - qualifications - enforcement of licensing and apprentice-supervision-ratio requirements - rules - legislative declaration - definitions. (1) (a) (I) The director of the division is hereby authorized to appoint or employ, with the power of removal, competent persons licensed under this article 115 as journeymen or master electricians as state electrical inspectors. The director is also authorized to appoint or employ, with the power of removal, for the purpose of inspecting one-, two-, three-, or four-family dwellings, competent persons with the following qualifications:
(A) Persons who have passed the written residential wireman's examination
described in section 12-115-110.
(B) Repealed.
(I.5) For purposes of conducting compliance checks specified in subsection
(3) of this section, the director shall appoint or employ two individuals to conduct the compliance checks. The director may appoint or employ individuals who are licensed under this article 115 or may appoint or employ individuals who are not licensed under this article 115 but who demonstrate substantial prior work experience in the electrical or construction industry. Individuals appointed or employed pursuant to this subsection (1)(a)(I.5) shall limit their activities to conducting compliance checks of matters specified in said subsection (3).
(II) State electrical inspectors and individuals performing compliance checks
pursuant to subsection (3) of this section may be employed either on a full-time or on a part-time basis as the circumstances in each case warrant; except that the director may contract with any electrical inspector regularly engaged as such and certify the electrical inspector to make inspections in a designated area at such compensation as fixed by the director. State electrical inspectors and individuals performing compliance checks pursuant to subsection (3) of this section have the right of ingress and egress to and from all public and private premises during reasonable working hours where this article 115 applies for the purpose of making electrical inspections, conducting compliance checks pursuant to subsection (3) of this section, or otherwise determining compliance with this article 115. In order to avoid conflicts of interest, a state electrical inspector hired under this section shall not inspect any electrical work in which the inspector has any financial or other personal interest and shall not engage in the electrical business by contracting, supplying material, or performing electrical work.
(b) Any employee of a private, municipal, or cooperative electric utility
rendering service to the ultimate public shall be prohibited from employment as an electrical inspector only when in the performance of any electrical work as defined in this article 115. Electrical inspectors performing electrical inspections who are employed by any city, town, county, city and county, or qualified state institution of higher education shall possess the same qualifications required of state electrical inspectors under this section; shall be registered with the board prior to the assumption of their duties; shall not inspect any electrical work in which the inspector has any financial or other personal interest; and shall not be engaged, within the jurisdiction employing the inspector, in the electrical business by contracting, supplying material, or performing electrical work as defined in this article 115. Additionally, electrical inspectors performing electrical inspections who are employed by a qualified state institution of higher education shall possess an active journeyman or master electrician license. A supervisor overseeing the work of an electrical inspector who is employed by a qualified state institution of higher education shall not direct the electrical inspector to violate any provision of this article 115. An electrical inspector employed by a qualified state institution of higher education shall not be coerced by a supervisor when filing a complaint with the board or when the electrical inspector disapproves an electrical installation that violates the provisions of this article 115.
(c) Nothing in this article 115 shall be construed to limit any inspector from
qualifying as an inspector in other construction specialties.
(2) (a) State electrical inspectors appointed or employed pursuant to
subsection (1) of this section may:
(I) Conduct inspections and investigations pursuant to section 12-115-122 (2)
on behalf of the program director; and
(II) Provide service of process for a citation served pursuant to section 12-115-122 (4)(b) in compliance with rule 4 of the Colorado rules of civil procedure.
(b) Individuals appointed or employed pursuant to subsection (1)(a)(I.5) of this
section who are not licensed master or journeyman electricians but who demonstrate substantial prior work experience in the electrical or construction industry may conduct compliance checks pursuant to subsection (3) of this section.
(3) (a) The general assembly finds and declares that it is a matter of
statewide concern to protect public safety and health by ensuring that individuals who perform electrical work have the skills necessary to perform the work. The general assembly therefore determines that board enforcement of the licensing requirements in this article 115 and the limits on the number of apprentices a licensed electrician is permitted to supervise specified in section 12-115-115 (1) is essential to protect public safety and health.
(b) The board shall direct individuals appointed or employed pursuant to
subsection (1)(a)(I.5) of this section to:
(I) Conduct compliance checks to ensure compliance with the licensing and
supervisor-to-apprentice ratio requirements specified in this article 115 on projects throughout the state where electrical work is being performed, regardless of whether the permit for the electrical work was issued by the board, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education; and
(II) Prioritize for compliance checks projects that provide or will provide
critical services to residents of the state.
(c) To ensure compliance with the licensing and supervisor-to-apprentice
ratio requirements pursuant to subsection (3)(b)(I) of this section, individuals appointed or employed pursuant to subsection (1)(a)(I.5) of this section shall conduct compliance checks at projects throughout the state where electrical work is being performed to ensure that:
(I) The individual performing the electrical work is licensed as a master
electrician, journeyman electrician, or residential wireman or is a registered apprentice being directly supervised by a licensed master electrician, journeyman electrician, or residential wireman; and
(II) A master electrician, journeyman electrician, or residential wireman is
complying with the limit on the number of apprentices the electrician may supervise per job site specified in section 12-115-115 (1).
(d) Nothing in this subsection (3) affects the ability of a local government to
permit or inspect electrical work in accordance with section 12-115-120 (1).
(e) As used in this subsection (3):
(I) Local government means an incorporated town or city, a county, or a city
and county.
(II) Project that provides or will provide critical services means a project
involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including:
(A) A public building;
(B) A public school or institution of higher education;
(C) An airport;
(D) A train station or public transit station;
(E) A hospital, nursing facility, assisted living residence, or other health-care
facility required to be licensed or certified by the department of public health and environment under title 25;
(F) A renewable energy installation or a project of a utility regulated by the
public utilities commission pursuant to title 40; and
(G) Any other commercial or multifamily residential public project specified
by the board by rule.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
858, � 1, effective October 1. L. 2022: (1)(a)(I.5) and (3) added and (1)(a)(II) and (2) amended, (HB 22-1346), ch. 483, p. 3506, � 1, effective January 1, 2023.
Editor's note: (1) This section is similar to former � 12-23-115 as it existed
prior to 2019.
(2) Subsection (1)(a)(I)(B) provided for the repeal of subsection (1)(a)(I)(B),
effective January 1, 2023. (See L. 2019, p. 858.)
C.R.S. § 12-115-120
12-115-120. Inspection - electrical permits - application - standard - definition. (1) (a) (I) An individual required to have electrical inspection under this article 115 shall apply to the board for an electrical permit, referred to within this section as a permit, except where an incorporated town or city, county, city and county, or qualified state institution of higher education has a building department that meets the minimum standards of this article 115 and that processes applications for building permits and inspections, in which case the individual shall apply to the building department.
(II) A qualified state institution of higher education with a building
department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of this article 115, and specifically section 12-115-115, have been met.
(III) (A) Only a qualified applicant may apply for a permit. A licensed master
electrician who is not a registered electrical contractor and who is operating as an independent contractor for another business shall not apply for a permit.
(B) Before issuing a permit pursuant to this subsection (1), the board or, if
applicable, the building department of an incorporated town or city, county, city and county, or qualified state institution of higher education shall verify that the permit applicant is a qualified applicant.
(C) The entity issuing the permit may use the permit application process to
verify compliance with this subsection (1).
(b) Upon final inspection and approval by the state electrical inspector,
notice shall be issued by the board to the utility, and the office of the board shall retain one copy of the record of approval.
(c) A utility shall not provide service to any person required to have electrical
inspection under this article 115 without proof of final approval as provided in subsection (1)(b) of this section; except that the utility shall provide service:
(I) In those situations determined by the local electrical inspection authority,
or by the board, whichever has jurisdiction, to be emergency situations for a maximum period of seven days or until the inspection has been made; or
(II) If the board or local electrical inspection authority has approved a tiny
home connection for electric utility service in accordance with section 24-32-3329.
(2) (a) The owner of an electrical installation in any new construction, other
than manufactured units certified by the division of housing pursuant to section 24-32-3311 or a tiny home manufactured to the standards of section 24-32-3328 (1), or remodeling or repair of an existing construction, except in any incorporated town or city, county, city and county, or qualified state institution of higher education having its own electrical code and inspection program equal to the minimum standards as are provided in this article 115, shall have the electrical portion of the installation, remodeling, or repair inspected by a state electrical inspector. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution.
(b) A state electrical inspector shall inspect any new construction,
remodeling, or repair subject to this subsection (2) within three working days after the receipt of the application for inspection. Prior to the commencement of any electrical installation, the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required permit fee.
(c) A manufactured home, mobile home, tiny home, or movable structure
owner shall have the electrical installation for the manufactured home, mobile home, tiny home, or movable structure inspected prior to obtaining electric service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (2)(c).
(3) (a) A state electrical inspector shall inspect the work performed, and, if
the work meets the minimum standards set forth in the national electrical code referred to in section 12-115-107 (2)(a), the inspector shall issue a certificate of approval.
(b) (I) If the installation is disapproved, the inspector shall give written notice
of the disapproval and of the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the electrical service to the installation discontinued until the installation is rendered safe and shall send a copy of the notice of disapproval and order for discontinuance of service to the supplier of electricity. The qualified applicant may appeal the disapproval to the board, and the board shall grant a hearing within seven days after notice of appeal is filed with the board.
(II) After removing the cause of the disapproval, the qualified applicant shall
apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.
(4) The person or inspector making an application, certificate of approval, or
notice of disapproval shall include the name of the property owner, if known; the location and a brief description of the installation; the name of the electrical contractor and state registration number; the state electrical inspector; and the fee charged for the permit. The notice of disapproval and corrective actions to be taken shall be submitted to the board, and a copy of the notice shall be submitted to the electrical contractor within two working days after the date of inspection. The inspector shall post a copy of the notice at the installation site. The board shall furnish the forms. A copy of each application, certificate, and notice made or issued shall be filed with the board.
(5) Nothing in this section shall be construed to require any utility as defined
in this article 115 to collect or enforce collection or in any way handle the payment of any fee connected with the application.
(6) (a) All permits issued by the board are valid for a period of twelve months,
and the board shall cancel the permit and remove it from its files at the end of the twelve-month period, except in the following circumstances:
(I) If a qualified applicant demonstrates at the time of application for a
permit that the electrical work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.
(II) If the qualified applicant notifies the board prior to the expiration of the
twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.
(b) If a qualified applicant requests an inspection after a permit has expired
or has been canceled, the qualified applicant must apply for and be issued a new permit before an inspection is performed.
(7) Notwithstanding the fact that any incorporated town or city, any county,
or any city and county in which a public school is located or is to be located has its own electrical code and inspection authority, any electrical installation in any new construction or remodeling or repair of a public school shall be inspected by a state electrical inspector.
(8) In the event that any incorporated town or city, county, city and county, or
qualified state institution of higher education intends to commence or cease performing electrical inspections in its respective jurisdiction or, in the case of a qualified state institution of higher education, for buildings owned, leased, or on its land, the public entity or institution shall commence or cease the same only as of July 1 of any year, and written notice of the intent must be given to the board on or before October 1 of the preceding calendar year. If the notice is not given and the use of state electrical inspectors is required within the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring the inspections shall reimburse the state electrical board for any expenses incurred in performing the inspections, in addition to transmitting the required permit fees.
(9) (a) A person claiming to be aggrieved by the failure of a state electrical
inspector to inspect property after proper application or by notice of disapproval without setting forth the reasons for rejecting the inspection may request the program director to review the actions of the state electrical inspector or the manner of the inspection. The request may be made by an authorized representative and shall be in writing.
(b) Upon the filing of a request, the program director shall cause a copy to be
served upon the state electrical inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.
(c) If the request is not granted within ten days after it is filed, it may be
treated as rejected. Any person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.
(d) Any hearing before the board shall be held pursuant to the provisions of
section 24-4-105.
(10) (a) An inspector performing an inspection for the state, an incorporated
town or city, a county, a city and county, or a qualified state institution of higher education may verify compliance with this article 115; however, for each project, inspections performed by the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education must include a contemporaneous review to ensure that the specific requirements of sections 12-115-109 and 12-115-115 have been met. A contemporaneous review may include a full or partial review of the electricians and apprentices working on a job site being inspected.
(b) (I) To ensure that enforcement is consistent, timely, and efficient, each
entity, including the state, as described in this subsection (10), shall develop standard procedures to advise its inspectors how to conduct a contemporaneous review. Each entity's standard procedures need not require a contemporaneous review for each and every inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-115-109 and 12-115-115 at any time. Each entity's procedures must also include provisions that allow for inspectors to:
(A) Conduct occasional, random, on-site inspections while actual electrical
work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the entity; and
(B) Request documentation indicating who performed the electrical work to
ensure compliance with sections 12-115-109 and 12-115-115.
(II) Each entity, including the state, shall post its current procedures
regarding contemporaneous reviews in a prominent location on its public website. Each entity shall provide a website link to or an electronic copy of its procedures to the board, and the board shall post all of the procedures on a single location on the department's website.
(c) An inspector may file a complaint with the board for any violation of this
article 115.
(d) (I) The board shall ensure compliance with this section. If the board
determines, as a result of a complaint, that an entity other than the state is conducting electrical inspections that do not comply with this section, the board may issue to that entity an order to show cause, in accordance with sections 12-20-405 and 12-115-122 (6), as to why the board should not issue a final order directing that entity to cease and desist conducting electrical inspections until that entity comes into compliance to the satisfaction of the board.
(II) The board shall not issue a cease-and-desist order to an inspecting entity
because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.
(III) If the use of state electrical inspectors is required after the issuance of a
final cease-and-desist order pursuant to this subsection (10)(d), that entity shall reimburse the board for any expenses incurred in performing that entity's inspections, in addition to transmitting the required permit fees.
(11) As used in this section, qualified applicant means:
(a) A licensed master electrician, including a licensed master electrician who
is operating as a sole proprietor, so long as the licensed master electrician is also a registered electrical contractor;
(b) A licensed master electrician who is directly employed by a registered
electrical contractor; or
(c) A homeowner performing work on the homeowner's home.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
860, � 1, effective October 1; (10) amended, (SB 19-156), ch. 346, p. 3206, � 16, effective October 1. L. 2022: (1)(c), (2)(a), (2)(c), and (10)(d) amended, (HB 22-1242), ch. 172, p. 1136, � 28, effective August 10; (1)(a), (2)(b), (3), (6), and (10)(b) amended and (11) added, (HB 22-1346), ch. 483, p. 3508, � 2, effective January 1, 2023.
Editor's note: (1) This section is similar to former � 12-23-116 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
(3) Subsection (11) was numbered as (13) in HB 22-1346 but was renumbered
on revision for ease of location.
C.R.S. § 12-115-121
12-115-121. Inspection fees. (1) As established pursuant to section 12-20-105, inspection fees shall be charged by the board and shall be set and categorized based upon the actual expense of inspecting each type of electrical installation.
(2) (a) The maximum fee, established annually, chargeable for electrical
inspections by any city, town, county, city and county, or qualified state institution of higher education shall not be more than one hundred twenty dollars, as adjusted annually, starting January 1, 2021, based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index. Additionally, a local government described in this subsection (2) or a qualified state institution of higher education may adjust the fee by imposing an additional tiered charge based on size or valuation of the improvement and a multiplier of eight percent of the fee. Neither a local government described in this subsection (2) nor a qualified state institution of higher education shall impose or collect any other fee or charge related to electrical inspections or permits.
(b) A qualified state institution of higher education may choose not to require
fees as part of the permitting process. A documented permitting and inspection system must be instituted by each qualified state institution of higher education as a tracking system that is available to the board for the purpose of investigating any alleged violation of this article 115. The permitting and inspection system must include information specifying the project, the name of the inspector, the date of the inspection, the job-site address, the scope of the project, the type of the inspection, the result of the inspection, the reason and applicable code sections for partially passed or failed inspections, and the names of the contractors on the project who are subject to inspection.
(3) If an application is not filed in advance of the commencement of an
installation, the inspection fee shall be twice the amount of the inspection fee set by the board pursuant to subsection (1) of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
863, � 1, effective October 1; (2) amended, (HB 19-1035), ch. 93, p. 341, � 2, effective October 1.
Editor's note: (1) This section is similar to former � 12-23-117 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1035.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1035, chapter 93, Session Laws of Colorado 2019.
C.R.S. § 12-115-122
12-115-122. Violations - citations - settlement agreements - hearings - fines - rules. (1) The board may take disciplinary or other action as authorized by section 12-20-404 in regard to any license or registration issued or applied for under the provisions of this article 115 or may issue a citation to a licensee, registrant, or applicant for licensure for any of the following reasons:
(a) Violation of or aiding or abetting in the violation of any of the provisions of
this article 115 or an applicable provision of article 20 of this title 12;
(b) Violation of the rules or orders promulgated by the board in conformity
with the provisions of this article 115 or aiding or abetting in the violation;
(c) Failure or refusal to remove within a reasonable time the cause of the
disapproval of any electrical installation as reported on the notice of disapproval, but a reasonable time shall include time for appeal to and a hearing before the board;
(d) Failure or refusal to maintain or adhere to the minimum standards set
forth in rules adopted by the board pursuant to section 12-115-107 (2)(a);
(e) Any cause for which the issuance of the license could have been refused
had it then existed and been known to the board;
(f) Commitment of one or more acts or omissions that do not meet generally
accepted standards of electrical practice;
(g) Conviction of or acceptance of a plea of guilty or nolo contendere by a
court to a felony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
(h) Advertising by any licensee or registrant that is false or misleading;
(i) Deception, misrepresentation, or fraud in obtaining or attempting to obtain
a license;
(j) Failure of a master electrician who is charged with supervising all
electrical work performed by a contractor pursuant to section 12-115-110 (5)(c) to adequately supervise the work or failure of any licensee to adequately directly supervise an apprentice who is working at the trade pursuant to section 12-115-115;
(k) Employment of any person required by this article 115 to be licensed or
registered or to obtain a permit who has not obtained the license, registration, or permit;
(l) Disciplinary action against an electrician's license or registration in
another jurisdiction. Evidence of the disciplinary action shall be prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.
(m) Providing false information to the board during an investigation with the
intent to deceive or mislead the board;
(n) Practicing as a residential wireman, journeyman, master, contractor, or
apprentice during a period when the licensee's license or the registrant's registration has been suspended or revoked;
(o) Selling or fraudulently obtaining or furnishing a license to practice as a
residential wireman, journeyman, or master or aiding or abetting therein;
(p) In conjunction with any construction or building project requiring the
services of any person regulated by this article 115, willfully disregarding or violating:
(I) Any building or construction law of this state or any of its political
subdivisions;
(II) Any safety or labor law;
(III) Any health law;
(IV) Any workers' compensation insurance law;
(V) Any state or federal law governing withholdings from employee income,
including but not limited to income taxes, unemployment taxes, or social security taxes; or
(VI) Any reporting, notification, or filing law of this state or the federal
government;
(q) Applying for an electrical permit pursuant to section 12-115-120 (1) if the
applicant is not a qualified applicant, as defined in section 12-115-120 (11).
(2) (a) If, pursuant to an inspection or investigation by a state electrical
inspector, the board concludes that any licensee, registrant, or applicant for licensure has violated any provision of subsection (1) of this section and that disciplinary action is appropriate, the program director or the program director's designee may issue a citation in accordance with subsection (4) of this section to the licensee, registrant, or applicant.
(b) (I) The licensee, registrant, or applicant to whom a citation has been
issued may make a request to negotiate a stipulated settlement agreement with the program director or the program director's designee, if the request is made in writing within ten working days after issuance of the citation that is the subject of the settlement agreement.
(II) All stipulated settlement agreements shall be conducted pursuant to
rules adopted by the board pursuant to section 12-115-107 (2)(a). The board shall adopt a rule to allow any licensee, registrant, or applicant unable, in good faith, to settle with the program director to request an administrative hearing pursuant to subsection (2)(c) of this section.
(c) (I) The licensee, registrant, or applicant to whom a citation has been
issued may request an administrative hearing to determine the propriety of the citation if the request is made in writing within ten working days after issuance of the citation that is the subject of the hearing or within a reasonable period after negotiations for a stipulated settlement agreement pursuant to subsection (2)(b) of this section have been deemed futile by the program director.
(II) For good cause the board may extend the period of time in which a
person who has been cited may request a hearing.
(III) All hearings conducted pursuant to subsection (2)(c)(I) of this section
shall be conducted in compliance with section 24-4-105.
(d) Any action taken by the board pursuant to this section shall be deemed
final after the period of time extended to the licensee, registrant, or applicant to contest the action pursuant to this subsection (2) has expired.
(3) (a) The board shall adopt a schedule of fines pursuant to subsection (3)(b)
of this section as penalties for violating subsection (1) of this section. The fines shall be assessed in conjunction with the issuance of a citation, pursuant to a stipulated settlement agreement, or following an administrative hearing. The schedule shall be adopted by rule in accordance with section 12-115-107 (2)(a).
(b) In developing the schedule of fines, the board shall:
(I) Provide that a first offense may carry a fine of up to one thousand dollars;
(II) Provide that a second offense may carry a fine of up to two thousand
dollars;
(III) Provide that any subsequent offense may carry a fine of up to two
thousand dollars for each day that subsection (1) of this section is violated;
(IV) Consider how the violation impacts the public, including any health and
safety considerations;
(V) Consider whether to provide for a range of fines for any particular
violation or type of violation; and
(VI) Provide uniformity in the fine schedule.
(4) (a) (I) Any citation issued pursuant to this section shall be in writing, shall
adequately describe the nature of the violation, and shall reference the statutory or regulatory provision or order alleged to have been violated.
(II) Any citation issued pursuant to this section shall clearly state whether a
fine is imposed, the amount of the fine, and that payment for such fine must be remitted within the time specified in the citation if such citation is not contested pursuant to subsection (2) of this section.
(III) Any citation issued pursuant to this section shall clearly set forth how
the citation may be contested pursuant to subsection (2) of this section, including any time limitations.
(b) A citation or copy of a citation issued pursuant to this section may be
served by certified mail or in person by a state electrical inspector or the program director's designee upon a person or the person's agent in accordance with rule 4 of the Colorado rules of civil procedure.
(c) If the recipient fails to give written notice to the board that the recipient
intends to contest the citation or to negotiate a stipulated settlement agreement within ten working days after service of a citation by the board, the citation shall be deemed a final order of the board.
(d) (I) The board may take disciplinary action as specified in section 12-20-404 (1)(b) or (1)(d) if the licensee or registrant fails to comply with the requirements
set forth in a citation deemed final pursuant to subsection (4)(c) of this section.
(II) Upon completing an investigation, the board shall make one of the
following findings:
(A) The complaint is without merit and no further action need be taken.
(B) There is no reasonable cause to warrant further action.
(C) The investigation discloses an instance of conduct that does not warrant
formal action and should be dismissed, but the investigation also discloses indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the board shall send a confidential letter of concern to the licensee or registrant in accordance with section 12-20-404 (5).
(D) The investigation discloses an instance of conduct that does not warrant
formal action but should not be dismissed as being without merit. If this finding is made, the board may send a letter of admonition to the licensee or registrant by certified mail in accordance with section 12-20-404 (4).
(E) The investigation discloses facts that warrant further proceedings by
formal complaint. If this finding is made, the board shall refer the complaint to the attorney general for preparation and filing of a formal complaint.
(III) The board shall conduct all proceedings pursuant to this subsection (4)
expeditiously and informally so that no licensee or registrant is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint.
(e) The failure of an applicant for licensure to comply with a citation deemed
final pursuant to subsection (4)(c) of this section is grounds for denial of a license.
(f) No citation may be issued under this section unless the citation is issued
within the six-month period following the occurrence of the violation.
(5) (a) Any fine collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit one-half of the amount of the fine to the general fund, and one-half of the amount of the fine shall be shared with the appropriate city, town, county, or city and county, which amounts shall be transmitted to the entity on an annual basis.
(b) Any fine assessed in a citation or an administrative hearing or any amount
due pursuant to a stipulated settlement agreement that is not paid may be collected by the program director through a collection agency or in an action in the district court of the county in which the person against whom the fine is imposed resides or in the county in which the office of the program director is located.
(c) The attorney general shall provide legal assistance and advice to the
program director in any action to collect an unpaid fine.
(d) In any action brought to enforce this subsection (5), reasonable attorney
fees and costs shall be awarded.
(6) The board may issue cease-and-desist orders under the circumstances
and in accordance with the procedures specified in section 12-20-405.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
863, � 1, effective October 1; (1)(j) amended, (SB 19-156), ch. 346, p. 3207, � 17, effective October 1. L. 2022: (1)(q) added, (HB 22-1346), ch. 483, p. 3511, � 3, effective January 1, 2023.
Editor's note: (1) This section is similar to former � 12-23-118 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in SB 19-156.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.
C.R.S. § 12-120-203
12-120-203. Exemptions. (1) Nothing in this part 2 requires licensure as a professional engineer for the following:
(a) Individuals who normally operate and maintain machinery or equipment;
(b) Individuals who perform engineering services for themselves;
(c) Partnerships, professional associations, joint stock companies, limited
liability companies, or corporations, or the employees of any such organizations, who perform engineering services for themselves or their affiliates;
(d) Individuals who perform engineering services under the responsible
charge of a professional engineer;
(e) Work of a strictly agricultural nature that is not required to be of public
record;
(f) Professional land surveying as defined in section 12-120-302 (5);
(g) Individuals who are employed by and perform engineering services solely
for a county, city and county, or municipality;
(h) Individuals who are employed by and perform engineering services solely
for the federal government;
(i) Individuals who practice architecture as defined in section 12-120-402 (5);
(j) Utilities or their employees or contractors when performing services for
another utility during times of natural disasters or emergency situations; or
(k) Individuals who practice landscape architecture as defined in section 12-130-104 (6).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
877, � 1, effective October 1. L. 2024: IP(1) amended, (HB 24-1329), ch. 342, p. 2312, � 4, effective August 7.
Editor's note: This section is similar to former � 12-25-103 as it existed prior
to 2019.
C.R.S. § 12-120-402
12-120-402. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Architect means a person licensed under this part 4 and entitled
thereby to conduct a practice of architecture in the state of Colorado.
(2) Buildings means buildings of any type for public or private use,
including the structural, mechanical, and electrical systems, utility services, and other facilities required for the buildings.
(3) Drawings means the original documents produced to describe a project.
The original documents may be produced by computer-assisted design and drafting software, commonly known as CADD, or other means.
(4) Dwellings means private residences intended for permanent occupancy
by one or more families but does not include apartment houses, lodging houses, hotels, or motels.
(5) (a) Practice of architecture means providing any of the following
services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and the site surrounding those buildings, which have as their principal purpose human occupancy or habitation:
(I) Predesign;
(II) Programming;
(III) Planning;
(IV) Providing designs, drawings, specifications, and other technical
submissions;
(V) Administering construction contracts; and
(VI) Coordinating any elements of technical submissions prepared by others.
(b) An architect's professional services, unless performed pursuant to the
exemptions set forth in section 12-120-403 by a person who is not an architect, may include any or all of the following:
(I) Investigations, evaluations, schematic and preliminary studies, designs,
working drawings, and specifications for construction, or for one or more buildings, and for the space within and surrounding the buildings or structures;
(II) Coordination of the work of technical and special consultants;
(III) Compliance with generally applicable codes and regulations and
assistance in the governmental review process;
(IV) Technical assistance in the preparation of bid documents and
agreements between clients and contractors;
(V) Contract administration; and
(VI) Construction observation.
(c) An individual practices or offers to practice architecture within the
meaning and intent of this subsection (5) if the individual, by oral claim, sign, advertisement, letterhead, card, or in any other way, represents oneself to be an architect, implies that the individual is licensed under this part 4, or performs or offers to perform a service listed in subsection (5)(b) of this section.
(6) Responsible control means that amount of control over and detailed
knowledge of the content of plans, designs, drawings, specifications, and reports during their preparation as is ordinarily exercised by a licensed architect applying the required standard of care.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
905, � 1, effective October 1. L. 2024: (5)(c) amended, (HB 24-1329), ch. 342, p. 2317, � 20, effective August 7.
Editor's note: This section is similar to former � 12-25-302 as it existed prior
to 2019.
C.R.S. § 12-130-104
12-130-104. Definitions. As used in this article 130, unless the context otherwise requires:
(1) Board means the state board of landscape architects, created in section
12-130-106.
(2) Habit-forming drug means a drug or medicine required to be labeled
under section 25-5-415 or the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq., as a habit-forming drug.
(3) Infrastructure means elements of the public domain that support
developments such as roads, streets, parks, plazas, and other places that are not privately owned and managed.
(4) Landscape architect means a person who engages in the practice of
landscape architecture.
(5) Plan means to prepare layouts and schemes for land areas,
infrastructure systems, facilities, or objects and includes technical documentation.
(6) (a) Practice of landscape architecture means:
(I) The application of landscape architectural higher education, training, and
experience as well as required mathematical, physical, and social science skills to consult, evaluate, plan, and design projects and improvements principally directed at the functional and aesthetic uses of land;
(II) Collaboration with architects and engineers during the design of public
infrastructure projects such as roads, bridges, buildings, and other structures, concerning the functional and aesthetic requirements of the area and project site; or
(III) Assistance in the preparation and administration of construction
documents, contracts, and contract offers related to site landscape improvements.
(b) Practice of landscape architecture does not include acts exempted by
section 12-130-117.
(7) Substantial gift means a gift, donation, or other consideration sufficient
to influence a person to act in a specific manner. The term does not include a gift of nominal value such as reasonable entertainment or hospitality or an employer's reward to an employee for work performed.
(8) Supervision means the actions taken by a landscape architect in
directing, personally reviewing, correcting, or approving the work performed by an employee or subcontractor of the landscape architect.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
925, � 1, effective October 1.
Editor's note: This section is similar to former � 12-45-103 as it existed prior
to 2019.
C.R.S. § 12-130-106
12-130-106. Board - composition - appointments - terms. (1) There is hereby created in the division the Colorado state board of landscape architects. The board shall consist of five members who shall have the following qualifications:
(a) Three members shall:
(I) Be licensed landscape architects in Colorado;
(II) Have at least three years of experience in the practice of landscape
architecture; and
(III) Be residents of the state of Colorado;
(b) (I) Two members shall:
(A) Not be licensed landscape architects nor practice landscape architecture
in any jurisdiction;
(B) Not have a current or prior significant personal or financial interest in the
practice of landscape architecture; and
(C) Be residents of the state of Colorado.
(II) Of the two members appointed pursuant to this subsection (1)(b), one
member shall be a building or landscape contractor in Colorado.
(2) Appointments to the board shall be made by the governor and shall be
made to provide for staggering of terms of members so that not more than two members' terms expire each year. Thereafter appointments shall be for terms of four years. Each board member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed and qualified. Appointees shall be limited to two full terms. The governor may remove a member of the board for misconduct, incompetence, neglect of duty, or an act that would justify the revocation of the board member's license to practice landscape architecture, if applicable.
(3) The board shall meet on or before August 30 of each year and elect from
its members a chair and vice-chair. The board shall meet at other times as it deems necessary, but not less than twice a year.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
927, � 1, effective October 1.
Editor's note: This section is similar to former � 12-45-105 as it existed prior
to 2019.
C.R.S. § 12-130-109
12-130-109. Licensure - application - qualifications - rules. (1) Application. (a) An application for licensure shall include evidence of the education and practical experience required by this section and the rules of the board.
(b) A person applying for licensure under this article 130 shall disclose
whether he or she has been denied licensure or disciplined as a landscape architect or practiced landscape architecture in violation of this article 130. If an applicant has violated this article 130, the board may deny an application for licensure. When determining whether a person has violated this article 130, section 24-5-101 shall govern the board's actions.
(c) Applicants may seek licensure in one of the following manners:
(I) Licensure by examination as described in subsection (3) of this section;
(II) Licensure by endorsement pursuant to the occupational credential
portability program; or
(III) Licensure by prior practice as described in subsection (5) of this section.
(2) Education and experience. The board shall set minimum educational and
experience requirements for licensure by examination, subject to the following guidelines:
(a) The board may require either:
(I) (A) Practical experience for a specified period, not to exceed three years,
or education or experience determined by the board to be substantially equivalent; and
(B) A professional degree from a program accredited by the Landscape
Architectural Accreditation Board, or any successor organization, or education or experience determined by the board to be substantially equivalent; or
(II) Practical experience for a specified period, not to exceed ten years, under
the direct supervision of a licensed landscape architect or a landscape architect with an equivalent level of competence as defined by rules of the board; or
(III) A combination of such practical experience and education, not to exceed
ten years.
(b) One year of the experience required by this subsection (2) may be
practical field experience in construction techniques, teaching, or research in a program accredited by the Landscape Architectural Accreditation Board or an equivalent successor organization.
(c) Subject to review and approval by the board pursuant to rules, a graduate
of an unaccredited program of landscape architecture or a related field shall be eligible to substitute education for the practical experience required by the board pursuant to this subsection (2).
(d) (I) Prior to licensure, an applicant by examination shall pass an
examination developed or adopted by the board that measures the minimum level of competence necessary to be a licensed landscape architect. The board shall designate and notify applicants of the time and location for examinations. The board may engage a private contractor to administer the examinations.
(II) The board may adopt the examinations, recommended grading
procedures, and educational and practical experience requirements and equivalents of the Council of Landscape Architectural Registration Boards or a successor organization if the examinations, procedures, and requirements and equivalents do not conflict with the requirements of this article 130.
(3) Licensure by examination. (a) Before being licensed pursuant to this
subsection (3), an applicant for licensure by examination shall pass an examination developed or adopted by the board to measure the minimum level of competence.
(b) The board shall designate a time and location for examinations and shall
notify applicants of this time and location in a timely manner. The board may contract for assistance in administering the examinations.
(c) The board may adopt the examinations, recommended grading
procedures, and educational and practical experience requirements of the Council of Landscape Architectural Registration Boards or any substantially equivalent successor organization if the examinations, procedures, and requirements do not conflict with the requirements of this article 130.
(4) Repealed.
(5) Licensure by prior practice. (a) The board shall adopt rules authorizing
the issuance of a license to qualified candidates who practiced landscape architecture before January 1, 2008.
(b) The following evidence, as verified by the board, shall be acceptable as
proof that a candidate is qualified for licensure by prior practice:
(I) (A) A diploma or certificate of graduation from a landscape architecture
degree program accredited by the Landscape Architectural Accreditation Board or its successor organization; and
(B) Evidence of at least six years of practical experience in the practice of
landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture; or
(II) Evidence that the applicant has at least ten years of practical experience
in the practice of landscape architecture sufficient to satisfy the board that the applicant has minimum competence in the practice of landscape architecture.
(c) All experience required to qualify for licensure by prior practice shall be
obtained before January 1, 2008; except that one year of required experience for licensure by prior practice may accrue after January 1, 2008.
(d) The board may develop or adopt a supplementary examination to
measure the minimum competence of applicants for licensure by prior practice. The supplementary examination shall be administered at the discretion of the board when an applicant for licensure by prior practice has otherwise failed to sufficiently demonstrate minimum competence.
(6) Issuance of license. Upon application and satisfaction of the
requirements of this section, the board shall issue a license to practice landscape architecture. The board is not required to issue a license if the applicant is subject to discipline pursuant to this article 130.
(7) Lapse of application. If an applicant fails to meet the licensing
requirements within three years after filing an application, the application shall be void. The board may authorize an applicant for licensure by examination to reattempt the examination without limitation and may exempt an applicant from this subsection (7) so long as the applicant reattempts the examination within thirty-one months after the last examination.
(8) Renewal and reinstatement. All licenses issued pursuant to this article
130 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to penalties provided in this article 130 or in section 12-20-202 (1).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
929, � 1, effective October 1. L. 2020: (1)(c)(II) amended and (4) repealed, (HB 20-1326), ch. 126, p. 535, � 18, effective June 25.
Editor's note: This section is similar to former � 12-45-110 as it existed prior
to 2019.
Cross references: For the short title (Red Tape Reduction Act) and the
legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.
C.R.S. § 12-130-117
12-130-117. Exemptions. (1) The following shall be exempt from the provisions of this article 130:
(a) The practice of architecture by licensed architects pursuant to part 4 of
article 120 of this title 12;
(b) The practice of professional engineering by registered professional
engineers pursuant to part 2 of article 120 of this title 12;
(c) The practice of professional land surveying by licensed land surveyors
pursuant to part 3 of article 120 of this title 12;
(d) Residential landscape design, consisting of landscape design services for
single- and multi-family residential properties of four or fewer units not including common areas;
(e) The design of irrigation systems by professionals qualified by appropriate
experience or certification; and
(f) Landscape installation and construction services, including, but not
limited to, all contracting services not within the scope of the practice of landscape architecture.
(2) Nothing in this article 130 shall prohibit or limit a municipality or county
of this state, in the reasonable exercise of its police power, from adopting codes that may be necessary for the protection of the inhabitants of the municipality or county.
(3) Nothing in this article 130 shall be construed to limit or extend the rights
of another profession or craft.
(4) Nothing in this article 130 shall be construed to prohibit the practice of
landscape architecture by any employee of the United States government or any bureau, division, or agency of the United States while discharging his or her official duties.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
938, � 1, effective October 1.
Editor's note: This section is similar to former � 12-45-118 as it existed prior
to 2019.
C.R.S. § 12-135-104
12-135-104. Funeral establishment - subcontractor. (1) A funeral establishment shall have the appropriate equipment and personnel to adequately provide the funeral services it contracts to provide and shall provide written notice to the consumer specifying any subcontractors or agents routinely handling or caring for human remains. To comply, the notice must be given when the consumer inquires about the goods or services the funeral establishment provides and must include the names and addresses of the subcontractors, agents, or other providers; except that, if the inquiry is over the telephone, the written notice must be provided when the customer finalizes the arrangements for goods or services with the funeral establishment.
(1.5) A funeral establishment shall have a written contract with all
subcontractors or agents. The contract must be signed by the establishment's designee and made, upon request, available to a consumer that is affected by the contract or the director.
(2) A funeral establishment shall retain all documents and records
concerning the final disposition of human remains for at least seven years after the disposition.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
941, � 1, effective October 1. L. 2024: (1.5) added, (HB 24-1335), ch. 242, p. 1600, � 9, effective May 24.
Editor's note: This section is similar to former � 12-54-103 as it existed prior
to 2019.
C.R.S. § 12-135-113
12-135-113. Custody and responsibility - rules. (1) A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:
(a) The next of kin;
(b) The county coroner or the county coroner's designee; or
(c) An authorized person at the care facility where the deceased died.
(2) A funeral establishment is responsible for identifying and tracking human
remains from the time it takes custody of human remains until the:
(a) Final disposition has occurred or the remains are returned to the person
who has the right of final disposition;
(b) Human remains are released in accordance with the instructions given by
the person who has the right of final disposition; or
(c) Remains are released to another funeral establishment, crematory,
repository, or entity as authorized by the person who has the right of final disposition.
(3) The director shall adopt rules implementing this section that:
(a) Establish what constitutes custody;
(b) Define care facility, repository, and entity;
(c) Establish who is authorized to identify human remains at a care facility
for a funeral establishment; and
(d) Prescribe the minimum standards for the positive identification and chain
of custody of human remains. A funeral establishment may use the establishment's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.
(4) A funeral establishment shall not take custody of more human remains
than the funeral establishment has capacity to refrigerate unless the funeral establishment maintains custody of the human remains for less than twenty-four hours.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
949, � 1, effective October 1. L. 2024: (4) added, (HB 24-1335), ch. 242, p. 1601, � 13, effective May 24.
Editor's note: This section is similar to former � 12-54-113 as it existed prior
to 2019.
C.R.S. § 12-135-308
12-135-308. Custody and responsibility - rules. (1) A crematory shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:
(a) The next of kin;
(b) The county coroner or the county coroner's designee; or
(c) An authorized person at the care facility where the deceased died.
(2) A crematory is responsible for identifying and tracking human remains
from the time it takes custody of human remains until the:
(a) Final disposition has occurred or the remains are returned to the person
who has the right of final disposition;
(b) Human remains are released in accordance with the instructions given by
the person who has the right of final disposition; or
(c) Remains are released to a funeral establishment, another crematory,
repository, or entity as authorized by the person who has the right of final disposition.
(3) The director shall adopt rules implementing this section that:
(a) Establish what constitutes custody;
(b) Define care facility, repository, and entity;
(c) Establish who is authorized to identify human remains at a care facility
for a funeral establishment; and
(d) Prescribe the minimum standards for the positive identification and chain
of custody of human remains. A crematory may use the crematory's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
957, � 1, effective October 1.
Editor's note: This section is similar to former � 12-54-308 as it existed prior
to 2019.
PART 4
ADMINISTRATION
C.R.S. § 12-145-109
12-145-109. Disciplinary actions - grounds for discipline. (1) The director may take disciplinary or other action as authorized in section 12-20-404 if an applicant for or a holder of an outfitter's registration:
(a) Violates any order of the division or the director, any provision of this
article 145, an applicable provision of article 20 of this title 12, or the rules established under this article 145;
(b) Fails to meet the requirements of section 12-145-108 or uses fraud,
misrepresentation, or deceit in applying for or attempting to apply for registration;
(c) Violates any local, state, or federal law or regulation concerning public
land management, wildlife, health, or cruelty to animals, including, but not limited to, section 33-6-113;
(d) Is convicted of or has entered a plea of nolo contendere or guilty to a
felony; except that the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction or plea;
(e) Uses false, deceptive, or misleading advertising;
(f) Misrepresents his or her services, facilities, or equipment to a client or
prospective client;
(g) Uses alcohol or any controlled substance, as defined in section 18-18-102
(5), to the extent that the use places the user or other persons at risk while providing outfitting services or is a habitual user of alcohol or a controlled substance, as defined in section 18-18-102 (5), to the extent that the use places the user or other persons at risk while providing outfitting services;
(h) Has incurred disciplinary action related to the practice of outfitting in
another jurisdiction. Evidence of such disciplinary action shall be prima facie evidence for denial of registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.
(i) Has been convicted of second or third degree criminal trespass pursuant
to section 18-4-503 or 18-4-504; except that the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101 in considering the conviction;
(j) Hires an individual as a guide who fails to meet the requirements of
section 12-145-106, unless the hiring is a result of an emergency situation, as defined by rules promulgated by the director, in which case the outfitter may hire a guide who does not possess a valid first-aid card or first aid instructor's card;
(k) Serves or consumes alcohol while engaged in the activities of an
outfitter, if the applicant or holder is under twenty-one years of age;
(l) Violates section 18-4-503 or 18-4-504, resulting in two or more second or
third degree criminal trespass convictions within any three- to five-year period while acting as an outfitter or guide; or
(m) Fails to respond to a complaint against the registered outfitter.
(2) To be valid, a proceeding under this section must be conducted in
accordance with sections 12-20-403, 24-4-104, and 24-4-105.
(3) The director may issue and send a letter of admonition to a registrant
under the circumstances specified in and in accordance with section 12-20-404 (4).
(4) The director may send a registrant a confidential letter of concern under
the circumstances specified in section 12-20-404 (5).
(5) Notwithstanding any other provision of this article 145, the director may
deny an initial application for registration if:
(a) The applicant is an individual who was previously listed as participating in
an entity pursuant to section 12-145-108 (2), and the entity was subjected to discipline under this article 145;
(b) The applicant is an entity, the entity lists an individual as participating in
the entity pursuant to section 12-145-108 (2), and that individual was previously listed as a participating person in an entity that was subjected to discipline under this article 145; or
(c) The applicant is an entity, the entity lists an individual as a participating
person pursuant to section 12-145-108 (2), and that individual was previously subjected to discipline under this article 145.
(6) The director may discipline an applicant or registrant under this section
for the acts of a person who:
(a) Is acting on behalf of the applicant or registrant; and
(b) (I) Is an officer, director, member, partner, or owner of the applicant or
registrant;
(II) Has managing or controlling authority of the applicant or registrant; or
(III) Is an employee, contractor, or authorized booking agent of the applicant
or registrant.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
970, � 1, effective October 1. L. 2025: (6)(b)(I) amended, (SB 25-174), ch. 310, p. 1614, � 3, effective August 6.
Editor's note: This section is similar to former � 12-55.5-106 as it existed prior
to 2019.
C.R.S. § 12-150-115
12-150-115. Inspections and investigations - costs - reports - rules. (1) The board may cause to be made such inspection of the design, construction, operation, and maintenance of passenger tramways as the board may reasonably require.
(2) The inspections shall include, at a minimum, two inspections per year or
per two thousand hours of operation, whichever occurs first, of each passenger tramway, one of which inspections shall be during the high use season, shall be unannounced, and shall be carried out under contract by independent contractors selected by the board or by the supervisory tramway engineer. Additional inspections may be required by the board if the area operator does not, in the opinion of the board, make reasonable efforts to correct any deficiencies identified in any prior inspection or if the board otherwise deems additional inspections necessary. The board shall provide in its rules that no facility shall be shut down for the purposes of a regular inspection during normal operating hours unless sufficient daylight is not available for the inspection.
(3) The board may employ independent contractors to make the inspections
for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of inspections provided for in this article 150 shall be paid in the first instance by the board, but each area operator of the passenger tramway that was the subject of the inspection shall, upon notification by the board of the amount due, reimburse the board for any charges made by personnel for the services and for the actual expenses of each inspection.
(4) The board may cause an investigation to be made in response to an
accident or incident involving a passenger tramway as the board may reasonably require. The board may employ independent contractors to make the investigations for reasonable fees plus expenses. The expenses incurred by the board in connection with the conduct of investigations provided for in this article 150 shall be paid in the first instance by the board, and thereafter one or more area operators may be billed for work performed pursuant to subsection (3) of this section.
(5) If, as the result of an inspection, it is found that a violation of the board's
rules exists, or a condition in passenger tramway design, construction, operation, or maintenance exists, endangering the safety of the public, an immediate report shall be made to the board for appropriate investigation and order.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
985, � 1, effective October 1.
Editor's note: This section is similar to former � 25-5-715 as it existed prior to
2019.
C.R.S. § 12-150-118
12-150-118. Governmental immunity. (1) The board, any member of the board, any person on the staff of the board, any technical advisor appointed by the board, any member of an advisory committee appointed by the board, and any independent contractor hired to perform or acting as a state tramway inspector on behalf of the board with whom the board contracts for assistance shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions. These protections shall be provided to the board, board members, staff, technical advisors, committee members, and independent contractors hired to perform or acting as a state tramway inspector on behalf of the board only with regard to actions brought because of acts or omissions committed by such persons in the course of official board duties.
(2) The provisions of subsection (1) of this section shall be construed as a
specific exception to the general exclusion of independent contractors hired to perform or acting as a state tramway inspector on behalf of the board from the protections of governmental immunity provided in article 10 of title 24.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
986, � 1, effective October 1.
Editor's note: Subsection (1) is similar to former � 25-5-718; and subsection
(2) is similar to former � 25-5-719, as those sections existed prior to 2019.
C.R.S. § 12-150-119
12-150-119. Confidentiality of reports and other materials. (1) Reports of investigations conducted by an area operator or by a private contractor on an area operator's behalf and filed with the board or the board's staff shall be presumed to be privileged information exempt from public inspection under section 24-72-204 (3)(a)(IV), except as may be ordered by a court of competent jurisdiction.
(2) Except as otherwise provided in subsection (1) of this section, all
information in the possession of the board's staff and all final reports to the board shall be open to public inspection in accordance with part 2 of article 72 of title 24.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
986, � 1, effective October 1.
Editor's note: This section is similar to former � 25-5-720 as it existed prior
to 2019.
C.R.S. § 12-155-103
12-155-103. Definitions. As used in this article 155, unless the context otherwise requires:
(1) Board means the state plumbing board created in section 12-155-104.
(1.2) Colorado fuel gas code means a code adopted by rule of the board for
the inspection of plumbing fuel gas pipe installations.
(1.4) Colorado plumbing code or the code means a code established by
the board that consists of standards for plumbing installation, plumbing materials, conservation, medical gas, sanitary drainage systems, and solar plumbing that could directly affect the potable water supply.
(1.6) (a) Conservation means efficiency measures that meet national
guidelines and standards and are tested and approved by a nationally recognized testing laboratory, including:
(I) Water-efficient devices and fixtures; and
(II) The use of locally produced materials, when practicable, to reduce
transportation impacts.
(b) When conservation conflicts with safety, the board shall give primary
consideration to safety.
(c) Nothing in this subsection (1.6) affects the board's authority to establish
the Colorado plumbing code as specified in section 12-155-106.
(2) Gas piping means any arrangement of piping used to convey fuel gas,
supplied by one meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. Gas piping or gas piping system does not include the installation of gas appliances where existing service connections are already installed, nor does the term include the installations, alterations, or maintenance of gas utilities owned by a public utility certified pursuant to article 5 of title 40 or a public utility owned or acquired by a city or town pursuant to article 32 of title 31.
(3) Journeyworker plumber means any person, other than a master
plumber, residential plumber, or plumbing apprentice, who engages in or works at the actual installation, alteration, repair, and renovation of plumbing in accordance with the standards and rules established by the board.
(4) Master plumber means a person who has the necessary qualifications,
training, experience, and technical knowledge to properly plan, lay out, and install and repair plumbing apparatus and equipment including the supervision of such in accordance with the standards and rules established by the board.
(5) to (7) Repealed.
(8) (a) Plumbing includes the following items located within the building or
extending five feet from the building foundation, excluding any service line extending from the first joint to the property line: All potable water supply and distribution pipes and piping; all plumbing fixtures and traps; all drainage and vent pipes; all water conditioning appliances connected to the potable water system; all building drains, including their respective joints and connections, devices, receptacles, and appurtenances; all multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; and all medical gas and vacuum systems in health-care facilities.
(b) Notwithstanding subsection (8)(a) of this section, the following is not
included within the definition of plumbing:
(I) Installations, extensions, improvements, remodeling, additions, and
alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, cities and towns pursuant to article 35 of title 31, or water and sanitation districts pursuant to article 1 or article 4 of title 32; or
(II) Installations, extensions, improvements, remodeling, additions, and
alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or
(III) Performance, location, construction, alteration, installation, and use of
on-site wastewater treatment systems pursuant to article 10 of title 25 that are located within a property line.
(9) Plumbing apprentice means any person, other than a master,
journeyworker, or residential plumber, who, as the person's principal occupation, is engaged in learning and assisting in the installation of plumbing.
(10) Plumbing contractor means any person, firm, partnership, corporation,
association, or other organization that undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, and repairs in the installation of plumbing. In order to act as a plumbing contractor, the person, firm, partnership, corporation, association, or other organization must either be or employ a full-time master plumber. Plumbing contractor does not include a water conditioning contractor, a water conditioning installer, or a water conditioning principal.
(11) Potable water means water that is safe for drinking, culinary, and
domestic purposes and that meets the requirements of the department of public health and environment.
(12) Qualified state institution of higher education means:
(a) One of the state institutions of higher education established under,
specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on those campuses;
(b) The institution whose campus is established under and specified in
section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and
(c) The institution whose campus is established under and specified in
section 23-20-101 (1)(d), but limited to current and future buildings owned or leased or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).
(13) Residential plumber means any person, other than a master or
journeyworker plumber or plumbing apprentice, who has the necessary qualifications, training, experience, and technical knowledge, as specified by the board, to install plumbing and equipment in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground.
(13.5) Tiny home has the meaning set forth in section 24-32-3302 (35).
(14) (a) Water conditioning contractor means a person that is not a
plumbing contractor and that:
(I) Undertakes or offers to undertake for another the planning, laying out,
supervising, installing, or making of additions, alterations, or repairs in the installation of water conditioning appliances in one-, two-, three-, or four-family dwellings, which dwellings must not extend more than two stories aboveground; and
(II) Is required to be registered pursuant to section 12-155-108 (4).
(b) Repealed.
(15) (a) Water conditioning installer means a person that is not a licensed
plumber and that:
(I) Has the necessary qualifications, training, experience, and technical
knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, in accordance with the standards and rules established by the board;
(II) Is certified by a national water conditioning association recognized by the
board, with the type of certification specified by the board; and
(III) Is required to be registered pursuant to section 12-155-108 (5).
(b) Repealed.
(16) (a) Water conditioning principal means a person that is not a licensed
plumber and that:
(I) Has the necessary qualifications, training, experience, and technical
knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, including the supervision of the work in accordance with the standards and rules established by the board;
(II) Is certified by a national water conditioning association recognized by the
board, with the type of certification specified by the board; and
(III) Is required to be registered pursuant to section 12-155-108 (6).
(b) Repealed.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
987, � 1, effective October 1. L. 2022: (13.5) added, (HB 22-1242), ch. 172, p. 1137, � 29, effective August 10. L. 2024: (3), (9), (13), IP(14)(a), IP(15)(a), and IP(16)(a) amended and (14)(b), (15)(b), and (16)(b) repealed, (HB 24-1344), ch. 343, p. 2320, � 1, effective July 1; (3), (9), and (13) amended, (HB 24-1344), ch. 343, p. 2321, � 2, effective July 1, 2025. L. 2025: (1.2), (1.4), and (1.6) added with relocations and (5), (6), and (7) repealed, (HB 25-1306), ch. 204, pp. 925, 926, �� 1, 2, effective August 6.
Editor's note: (1) This section is similar to former � 12-58-102 as it existed
prior to 2019.
(2) Amendments to subsections (3), (9), and (13) by sections 1 and 2 of HB 24-1344 were harmonized, effective July 1, 2025.
(3) Subsections (1.2), (1.4), and (1.6) are similar to former subsections (6), (5),
and (7), respectively, as they existed prior to 2025.
C.R.S. § 12-155-104
12-155-104. State plumbing board - subject to review - repeal of article. (1) There is established in the division the state plumbing board. The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.
(2) (a) (I) The board consists of seven members appointed by the governor,
with the power of removal, and with the confirmation of the senate, as follows:
(A) One a journeyworker plumber;
(B) One a master plumber;
(C) Two engaged in the construction of residential or commercial buildings
as plumbing contractors;
(D) One engaged in the construction of residential or commercial buildings
as a general contractor;
(E) One a member or employee of a local government agency conducting
plumbing inspections; and
(F) One appointed from the public at large.
(II) A representative of the department of public health and environment
shall serve as an ex officio nonvoting member.
(III) At least one member shall be a resident of the western slope of the
state, defined as that western part of the state separated from the eastern part of the state by the continental divide.
(b) A majority of the board shall constitute a quorum for the transaction of
all business.
(3) (a) Board members are appointed for four-year terms. Any vacancy
occurring in the membership of the board shall be filled by the governor by appointment for the unexpired term of the member.
(b) The governor may remove any member of the board for misconduct,
incompetence, or neglect of duty.
(4) Repealed.
(5) This article 155 is repealed, effective September 1, 2032. Before the
repeal, the board, including provisions related to qualified state institutions of higher education, is scheduled for review in accordance with section 24-34-104.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
990, � 1, effective October 1. L. 2022: (2)(a) and (3)(a) amended, (SB 22-013), ch. 2, p. 14, � 13, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3394, � 121, effective August 10. L. 2024: (4) repealed and (5) amended, (HB 24-1344), ch. 343, p. 2321, � 3, effective July 1; (2)(a)(I)(A) amended, (HB 24-1344), ch. 343, p. 2321, � 4, effective July 1, 2025.
Editor's note: This section is similar to former � 12-58-103 as it existed prior
to 2019.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 12-155-106
12-155-106. Colorado plumbing code - amendments - variances - Colorado fuel gas code. (1) In accordance with article 4 of title 24, the board shall establish a Colorado plumbing code, as defined in section 12-155-103 (1.4). The code must represent the minimum standards for installation, alteration, and repair of plumbing equipment and systems throughout the state.
(2) Local governments are permitted to amend the code for their
jurisdictions as long as the amendments are at least equal to the minimum requirements set forth in the Colorado plumbing code.
(3) If petitioned, the board shall annually hold public hearings to consider
amendments to the Colorado plumbing code.
(4) The board is authorized to review and approve or disapprove requests for
exceptions to the code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens as long as public safety is not compromised.
(4.5) In the event of a conflict between the 2021 international energy
conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the Colorado plumbing code, the Colorado plumbing code prevails.
(5) The board shall adopt a Colorado fuel gas code for the gas piping
installations inspection requirement of section 12-155-105 (1)(k).
(6) (a) Notwithstanding any authority granted to the board by this section
and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to any activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).
(b) Plumbing installations that connect these structures to external utility
sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed plumber under a registered plumbing contractor.
(c) The installation of gas piping on the service side must be completed by a
qualified gas piping installer.
(d) The inspection and inspectors of these installations, other than those
authorized to be performed by a registered installer, are regulated in this article 155 and must be performed by licensed plumbing inspectors.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
993, � 1, effective October 1. L. 2022: (4.5) added, (HB 22-1362), ch. 301, p. 2179, � 3, effective June 2. L. 2025: (6) added, (SB 25-002), ch. 172, p. 713, � 2, effective May 8; (1) amended, (HB 25-1306), ch. 204, p. 926, � 3, effective August 6.
Editor's note: This section is similar to former � 12-58-104.5 as it existed prior
to 2019.
Cross references: For the legislative declaration in SB 25-002, see section 1
of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 12-155-108
12-155-108. Plumber must have license - registration - control and supervision - rules. (1) (a) A person shall not engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber in this state until the person has received a license from the division, upon written notice from the board or its authorized agent, or a temporary permit from the board or its authorized agent; except that a person may practice as a water conditioning contractor if the person is registered pursuant to subsection (4) of this section, as a water conditioning installer if the person is registered pursuant to subsection (5) of this section, or as a water conditioning principal if the person is registered pursuant to subsection (6) of this section.
(b) Nothing in this section limits the ability of, or requires registration
pursuant to subsection (4), (5), or (6) of this section for, a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.
(2) (a) All plumbing apprentices working for plumbing contractors pursuant
to this article 155 and all apprentices working under the supervision of any licensed plumber pursuant to section 12-155-124 shall, within thirty days after the date of initial employment, be registered with the board.
(b) The employer of a plumbing apprentice shall be responsible for the
apprentice's registration with the board.
(c) No apprentice shall be registered until payment of a registration or
registration renewal fee, as determined by the board, has been made.
(3) A person shall not operate as a plumbing contractor until the contractor
has obtained registration from the board. The board shall register a plumbing contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state. In order to act as a plumbing contractor, the person must either be, or employ full-time, a master plumber, who shall be in charge of the supervision of all plumbing work performed by the contractor. A master plumber shall not be responsible for more than one plumbing contractor at a time. A master plumber shall notify the board within fifteen days after the master plumber's termination as a master plumber for a plumbing contractor. The master plumber is responsible for all plumbing work performed by the plumbing contractor. Failure to provide the notice may lead to suspension or revocation of the master plumber license as provided in section 12-155-113.
(4) Except as specified in subsection (1)(b) of this section, effective April 1,
2016, a person shall not operate as a water conditioning contractor unless the person:
(a) Is currently registered with the board pursuant to this subsection (4) as
specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning contractor upon payment of the fee as provided in section 12-155-105 and presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state.
(b) Is, or employs full-time, a water conditioning principal, who shall be
responsible for all water conditioning appliance work performed by the contractor.
(5) Except as specified in subsection (1)(b) of this section, effective April 1,
2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning installer unless the person is currently registered with the board pursuant to this subsection (5) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning installer upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.
(6) (a) Except as specified in subsection (1)(b) of this section, effective April 1,
2016, a person shall not engage in or work at the business, trade, or calling of a water conditioning principal unless the person is currently registered with the board pursuant to this subsection (6) as specified in rules promulgated and forms adopted by the board. The board shall register a water conditioning principal upon payment of the fee as provided in section 12-155-105 and submission of proof that the applicant is certified by a national water conditioning association recognized by the board, with the type of certification as specified by the board.
(b) A water conditioning principal shall not be responsible for more than one
water conditioning contractor at a time. The water conditioning principal shall notify the board within fifteen days after the water conditioning principal's termination as a water conditioning principal for a water conditioning contractor. Failure to provide the notice may lead to suspension or revocation of the water conditioning principal's registration as provided in section 12-155-113.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
994, � 1, effective October 1. L. 2024: (1), (3), and (6)(b) amended, (HB 24-1344), ch. 343, p. 2322, � 7, effective July 1; (1) amended, (HB 24-1344), ch. 343, p. 2323, � 8, effective July 1, 2025.
Editor's note: (1) This section is similar to former � 12-58-105 as it existed
prior to 2019.
(2) Amendments to subsection (1) by sections 7 and 8 of HB 24-1344 were
harmonized, effective July 1, 2025.
C.R.S. § 12-155-109
12-155-109. Unauthorized advertising - use of title. (1) A person shall not advertise in any manner or use the title or designation of master plumber, journeyworker plumber, or residential plumber unless the person is qualified and licensed under this article 155.
(2) A person shall not advertise in any manner that the person is a water
conditioning contractor, a water conditioning installer, or a water conditioning principal unless the person is registered as such pursuant to this article 155. Nothing in this subsection (2) prohibits a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor from advertising services within the person's respective practice area as authorized by this article 155 relating to water conditioning appliances.
(3) No person shall advertise in any manner that the person is a plumbing
contractor or use the title or designation of plumbing contractor unless the person meets the definition of plumbing contractor set out in section 12-155-103 (10).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
995, � 1, effective October 1. L. 2024: (2) amended, (HB 24-1344), ch. 343, p. 2323, � 9, effective July 1; (1) and (2) amended, (HB 24-1344), ch. 343, p. 2324, � 10, effective July 1, 2025.
Editor's note: (1) Subsection (1) is similar to former � 12-58-106 (1);
subsection (2) is similar to former � 12-58-106 (2); and subsection (3) is similar to former � 12-58-106.5, as those sections existed prior to 2019.
(2) Amendments to subsection (2) by sections 9 and 10 of HB 24-1344 were
harmonized, effective July 1, 2025.
C.R.S. § 12-155-113
12-155-113. Disciplinary action by board - procedures - cease-and-desist orders. (1) The board may take disciplinary or other action as authorized by section 12-20-404 for any of the following reasons:
(a) Violation of, or aiding or abetting in the violation of, any of the provisions
of this article 155 or an applicable provision of article 20 of this title 12;
(b) Violation of the rules or orders promulgated by the board in conformity
with the provisions of this article 155 or aiding or abetting in such violation;
(c) Failure or refusal to remove within a reasonable time the cause for
disapproval of any plumbing installation as reported on the notice of disapproval, but reasonable time shall include time for appeal to and a hearing before the board;
(d) Any cause for which the issuance of the license could have been refused
had it then existed and been known to the board;
(e) Commitment of any act or omission that does not meet generally
accepted standards of plumbing practice;
(f) Conviction of or acceptance of a plea of guilty or nolo contendere by a
court to a felony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
(g) Advertising by any licensee or registrant that is false or misleading;
(h) Deception, misrepresentation, or fraud in obtaining or attempting to
obtain a license;
(i) Failure of any licensee to adequately supervise an apprentice who is
working at the trade pursuant to section 12-155-124;
(j) Failure of any licensee to report to the board:
(I) Known violations of this article 155;
(II) Civil judgments and settlements that arose from the licensee's work
performance;
(k) Employment of any person required by this article 155 to be licensed or to
obtain a permit who has not obtained the license or permit;
(l) Habitual or excessive use or abuse of any habit-forming drug, any
controlled substance, as defined in section 18-18-102 (5), or any alcohol beverage;
(m) Any use of a schedule I controlled substance, as defined in section 18-18-203;
(n) Disciplinary action against a license or registration in another jurisdiction.
Evidence of the disciplinary action is prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.
(o) Practicing as a water conditioning contractor, water conditioning
installer, water conditioning principal, or a residential, journeyworker, or master plumber during a period when the person's license or registration has been suspended or revoked;
(p) Selling or fraudulently obtaining or furnishing a license or registration to
practice as a residential, journeyworker, or master plumber, water conditioning contractor, water conditioning installer, water conditioning principal, or plumbing contractor or aiding or abetting in the activity;
(q) In connection with a construction or building project requiring the
services of a person regulated by this article 155, willfully disregarding or violating:
(I) Any building or construction law of this state or any of its political
subdivisions;
(II) Any safety or labor law;
(III) Any health law;
(IV) Any workers' compensation insurance law;
(V) Any state or federal law governing withholdings from employee income,
including, but not limited to, income taxes, unemployment taxes, or social security taxes; or
(VI) Any reporting, notification, or filing law of this state or the federal
government;
(r) Applying for a plumbing permit pursuant to section 12-155-120 (1) if the
applicant is not a qualified applicant, as defined in section 12-155-120 (11);
(s) Failing to display plumbing contractor and master plumber registration
information, as specified in section 12-155-125.
(2) The board may issue and send a letter of admonition to a licensee under
the circumstances specified in and in accordance with section 12-20-404 (4).
(3) The board may issue and send a confidential letter of concern to a
licensee or registrant under the circumstances specified in section 12-20-404 (5).
(4) Any disciplinary action taken by the board shall be in accordance with the
provisions of section 12-20-403 and article 4 of title 24.
(5) The board may issue cease-and-desist orders under the circumstances
and in accordance with the procedures specified in section 12-20-405.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
997, � 1, effective October 1. L. 2020: (1)(l) amended, (SB 20-007), ch. 286, p. 1410, � 30, effective July 13. L. 2022: (1)(r) added, (HB 22-1346), ch. 483, p. 3511, � 4, effective January 1, 2023. L. 2024: (1)(a), (1)(l), and (2) amended and (1)(s) added, (HB 24-1344), ch. 343, p. 2325, � 14, effective July 1; (1)(o) and (1)(p) amended, (HB 24-1344), ch. 343, p. 2325, � 15, effective July 1, 2025.
Editor's note: This section is similar to former � 12-58-110 as it existed prior
to 2019.
C.R.S. § 12-155-117
12-155-117. Temporary permits - rules. (1) The board or its authorized agent may issue a temporary permit to engage in the work of a journeyworker plumber or a residential plumber to any applicant who has:
(a) Furnished satisfactory evidence to the board that the applicant has the
required experience to qualify for the examination, as provided in the rules promulgated by the board; and
(b) Applied for an examination to become licensed.
(2) The permits shall be issued only upon payment of a fee established by
the board and may be revoked by the board at any time.
(3) Any permit issued pursuant to this section shall expire no later than thirty
days after the date of the examination for which the applicant has applied or upon written notice by the board of the results of the examination, whichever date is earlier. No permit shall be issued pursuant to this section to any person who has twice previously failed an examination or who has received two temporary permits.
(4) Notwithstanding the requirements set forth in section 12-155-108 (3), a
temporary master permit may be issued to an existing plumbing contractor who has lost the services of the plumbing contractor's master plumber for completion of a current project underway as long as the plumbing contractor has a journeyworker plumber in the plumbing contractor's full-time employ. The permit is only valid until the next regularly scheduled examination.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1001, � 1, effective October 1. L. 2024: (1) and (4) amended, (HB 24-1344), ch. 343, p. 2325, � 16, effective July 1; (1) and (4) amended, (HB 24-1344), ch. 343, p. 2326, � 17, effective July 1, 2025.
Editor's note: (1) This section is similar to former � 12-58-112 as it existed
prior to 2019.
(2) Amendments to subsections (1) and (4) by sections 16 and 17 of HB 24-1344 were harmonized, effective July 1, 2025.
C.R.S. § 12-155-118
12-155-118. Exemptions. (1) Any person selling or dealing in plumbing materials or supplies, but not engaged in the installation, alteration, repairing, or removal of plumbing, shall not be required to employ or have a licensed plumber in charge.
(2) Nothing in this article 155 requires an individual to hold a license to
perform plumbing work on the individual's own property or residence or prevents a person from employing an individual on either a full- or a part-time basis to do routine repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, toilets, and domestic appliances and equipment equipped with backflow preventers; except that, if such property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is a commercial or industrial building, the owner is responsible for and the property is subject to the provisions of this article 155 pertaining to licensing, unless specifically exempted therein.
(3) Nothing in this article 155 shall be construed to apply to the manufacture
of housing that is subject to the provisions of article 32 of title 24 or the installation of individual residential or temporary construction units of manufactured housing water and sewer hookups inspected pursuant to section 12-155-105 (2).
(4) Individuals who are engaged in inspecting, testing, or repairing backflow
prevention devices are exempt from licensure under this article 155. Individuals who engage in the installation or removal of backflow prevention devices are not exempt from licensure under this article 155, except when the individuals are installing or replacing a backflow prevention device on a stand-alone fire suppression system, as defined in section 24-33.5-1202 (6).
(5) Nothing in this article 155 shall be construed to require either that
employees of the federal government who perform plumbing work on federal property shall be required to be licensed before doing plumbing work on the property or that the plumbing work performed on the property shall be regulated pursuant to this article 155.
(6) (a) Nothing in this article 155 requires a plumbing license, registration, or
permit to perform:
(I) The installation, extension, alteration, or maintenance, including the
related water piping and the indirect waste piping, of domestic appliances equipped with backflow preventers, including lawn sprinkling systems; residential ice makers, humidifiers, electrostatic filter washers, or water heating appliances; building heating appliances and systems; fire protection systems except for multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; air conditioning installations; process and industrial equipment and piping systems; or indirect drainage systems not a part of a sanitary sewer system; or
(II) The repair and replacement of garbage disposal units and dishwashers
directly connected to the sanitary sewer system, including the necessary replacement of all tail pipes and traps, or the repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, and toilets.
(b) Notwithstanding subsection (6)(a) of this section, plumbing does not
include:
(I) Installations, extensions, improvements, remodeling, additions, and
alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, cities and towns pursuant to article 35 of title 31, or water and sanitation districts pursuant to article 1 or article 4 of title 32;
(II) Installations, extensions, improvements, remodeling, additions, and
alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or
(III) Performance, location, construction, alteration, installation, and use of
on-site wastewater treatment systems pursuant to article 10 of title 25 that are located within a property line.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1002, � 1, effective October 1. L. 2022: (3) amended, (HB 22-1242), ch. 172, p. 1137, � 31, effective August 10. L. 2024: (2) and (4) amended, (HB 24-1344), ch. 343, p. 2326, � 18, effective July 1. L. 2025: (4) amended, (HB 25-1077), ch. 39, p. 187, � 1, effective March 28.
Editor's note: This section is similar to former � 12-58-113 as it existed prior
to 2019.
C.R.S. § 12-155-119
12-155-119. Plumbing inspectors - qualifications - enforcement of licensing and apprentice-supervision-ratio requirements - rules - legislative declaration - definitions. (1) (a) The director is authorized to appoint or employ competent persons licensed under this article 155 as journeyworker or master plumbers as state plumbing inspectors.
(b) For purposes of conducting compliance checks specified in subsection
(5) of this section, the director shall appoint or employ two individuals to conduct the compliance checks. The director may appoint or employ individuals who are licensed under this article 155 or may appoint or employ individuals who are not licensed under this article 155 but who demonstrate substantial prior work experience in the plumbing or construction industry. Individuals appointed or employed pursuant to this subsection (1)(b) shall limit their activities to conducting compliance checks of matters specified in said subsection (5).
(2) State plumbing inspectors and individuals conducting compliance checks
pursuant to subsection (5) of this section may be employed either on a full-time or on a part-time basis as the circumstances in each case warrant. State plumbing inspectors and individuals conducting compliance checks pursuant to subsection (5) of this section have the right of ingress and egress to and from all public and private premises during reasonable working hours where this article 155 applies for the purpose of making plumbing inspections, conducting compliance checks pursuant to subsection (5) of this section, or otherwise determining compliance with this article 155.
(3) (a) Beginning July 1, 2014, persons licensed under this article 155 or who
are certified as residential plumbing inspectors by a nationally recognized model code organization are authorized to inspect residential plumbing. Any newly hired inspectors not licensed under this article 155 or certified by a nationally recognized model code organization have one year from the date of hire to acquire the necessary license or certification or meet the hiring requirements of the hiring authority, whichever is more stringent.
(b) Beginning July 1, 2014, persons licensed under this article 155 or who are
certified as commercial plumbing inspectors by a nationally recognized model code organization are authorized to inspect commercial plumbing. Any newly hired inspectors not licensed under this article 155 or certified by a nationally recognized model code organization have one year from the date of hire to acquire the necessary license or certification or meet the hiring requirements of the hiring authority, whichever is more stringent.
(4) (a) Plumbing inspectors performing inspections who are employed by a
qualified state institution of higher education shall be certified as commercial plumbing inspectors by a nationally recognized model code organization and possess a valid journeyworker or master plumber license issued by the state. In addition, the plumbing inspectors shall possess the same qualifications required of state plumbing inspectors under this article 155, shall be registered with the board prior to the assumption of their duties, shall not inspect any plumbing work in which the inspector has any financial or other personal interest, and shall not be engaged in the plumbing business by contracting, supplying material, or performing plumbing work as described in this article 155. In addition, a plumbing inspector inspecting a medical gas installation shall hold the national inspection certification ASSE 6020 or recognized equivalent.
(b) As part of their duties, plumbing inspectors performing inspections who
are employed by a qualified state institution of higher education have the authority to verify the plumbing licenses or apprenticeship registration cards issued by the state for those people performing the plumbing work on a project and to verify compliance with section 12-155-124 (1).
(5) (a) Consistent with section 12-155-101 and the state's duty to safeguard
the public health by ensuring that individuals who plan, install, alter, extend, repair, or maintain plumbing systems have the skills necessary to perform those tasks, the general assembly finds and determines that board enforcement of the licensing requirements in this article 155 and the limits on the number of plumbing apprentices a licensed plumber is permitted to supervise specified in section 12-155-124 (1) is a matter of statewide concern and is essential to protect public health.
(b) The board shall direct individuals appointed or employed pursuant to
subsection (1)(b) of this section to:
(I) Conduct compliance checks to ensure compliance with the licensing and
supervisor-to-apprentice ratio requirements specified in this article 155 on projects throughout the state where plumbing systems are being planned, installed, altered, extended, repaired, or maintained, regardless of whether the permit for the plumbing work was issued by the board, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education; and
(II) Prioritize for compliance checks projects that provide or will provide
critical services to residents of the state.
(c) To ensure compliance with the licensing and supervisor-to-apprentice
ratio requirements pursuant to subsection (5)(b)(I) of this section, individuals appointed or employed pursuant to subsection (1)(b) of this section shall conduct compliance checks at projects throughout the state where plumbing is being performed to ensure that:
(I) The individual performing the plumbing work is licensed as a master,
journeyworker, or residential plumber or is a registered plumbing apprentice being supervised by a licensed master, journeyworker, or residential plumber; and
(II) A master, journeyworker, or residential plumber is complying with the
limit on the number of plumbing apprentices the plumber may supervise per job site specified in section 12-155-124 (1).
(d) Nothing in this subsection (5) affects the ability of a local government to
permit or inspect plumbing or gas piping installations in any new construction or remodeling or repair located within the boundaries of the local government.
(e) As used in this subsection (5):
(I) Local government means an incorporated town or city, a county, or a city
and county.
(II) Project that provides or will provide critical services means a project
involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including:
(A) A public building;
(B) A public school or institution of higher education;
(C) An airport;
(D) A train station or public transit station;
(E) A hospital, nursing facility, assisted living residence, or other health-care
facility licensed or certified by the department of public health and environment under title 25;
(F) A renewable energy installation or a project of a utility regulated by the
public utilities commission pursuant to title 40; and
(G) Any other commercial or multifamily residential public project specified
by the board by rule.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1003, � 1, effective October 1. L. 2022: (1), (2), and (4)(b) amended and (5) added, (HB 22-1346), ch. 483, p. 3511, � 5, effective January 1, 2023. L. 2024: IP(5)(c) amended, (HB 24-1344), ch. 343, p. 2327, � 19, effective July 1; (1)(a), (4)(a), and (5)(c) amended, (HB 24-1344), ch. 343, p. 2327, � 20, effective July 1, 2025.
Editor's note: This section is similar to former � 12-58-114.2 as it existed prior
to 2019.
C.R.S. § 12-155-120
12-155-120. Inspection - plumbing permits - application - standards - definition. (1) (a) Any plumbing or gas piping installation in any new construction or remodeling or repair, other than manufactured units or tiny homes inspected in accordance with article 32 of title 24, and except for new construction or remodeling or repair in any incorporated town or city, county, or city and county, or in a building owned or leased or on land owned by a qualified state institution of higher education where the local entity or qualified state institution of higher education conducts inspections and issues plumbing permits, referred to within this section as permits, must be inspected by a state plumbing inspector.
(b) A state plumbing inspector shall inspect any new construction,
remodeling, or repair subject to this subsection (1) within three working days after the receipt of the application for inspection.
(c) (I) Prior to the commencement of any plumbing or gas piping installation,
the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required fee.
(II) (A) Only a qualified applicant may apply for a permit pursuant to this
subsection (1). A licensed master plumber who is not a registered plumbing contractor and who is operating as an independent contractor for another business shall not apply for a permit pursuant to this subsection (1).
(B) Before issuing a permit pursuant to this subsection (1), the board or, if
applicable, the local entity or qualified state institution of higher education that conducts inspections and issues permits shall verify that the permit applicant is a qualified applicant.
(C) The entity issuing the permit may use the permit application process to
verify compliance with this subsection (1).
(d) Every mobile home, tiny home, or movable structure owner shall have the
plumbing and gas piping hookup for the mobile home, tiny home, or movable structure inspected prior to obtaining new or different plumbing or gas service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (1)(d).
(e) A qualified state institution of higher education with a building
department that meets or exceeds the minimum standards adopted by the board under this article 155 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution, and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of section 12-155-108 have been met. A qualified state institution of higher education shall enforce standards that are at least as stringent as any minimum standards adopted by the board.
(2) (a) A state plumbing inspector shall inspect the work performed, and, if
the work meets the minimum standards set forth in the Colorado plumbing code referred to in section 12-155-106, the inspector shall issue a certificate of approval.
(b) (I) If the installation is disapproved, the inspector shall give written notice
together with the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the plumbing or gas service to the installation discontinued until the installation is rendered safe. The qualified applicant may appeal the disapproval to the board, and the board shall grant the qualified applicant a hearing within seven days after notice of appeal is filed with the board.
(II) After removing the cause of the disapproval, the qualified applicant shall
apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.
(3) (a) All permits issued by the board are valid for a period of twelve months.
The board shall close a permit and mark its status as expired at the end of the twelve-month renewal period, except in the following circumstances:
(I) If a qualified applicant demonstrates at the time of application for a
permit that the plumbing or gas piping work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.
(II) If the qualified applicant notifies the board prior to the expiration of the
twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.
(b) If a qualified applicant requests an inspection after a permit has expired
or has been canceled, the qualified applicant must apply for and be granted a new permit before an inspection is performed.
(4) Each application, certificate of approval, and notice of disapproval shall
contain the name of the property owner, if known, the location and a brief description of the installation, the name of the general contractor if any, the name of the plumbing contractor or licensed plumber and state license number in the case of any plumbing installation, the name of the installer in the case of any liquefied petroleum gas piping installation, the state plumbing inspector, and the inspection fee charged for the inspection. The original of a notice of disapproval and written reasons for disapproval and corrective actions to be taken shall be mailed to the board, and a copy of the notice shall be mailed to the plumbing contractor in the case of any plumbing installation or the installer in the case of any liquefied petroleum gas piping installation, within two working days after the date of inspection, and a copy of the notice shall be posted at the installation site. The forms shall be furnished by the board, and a copy of each application, certificate, and notice made or issued shall be filed with the board.
(5) Notwithstanding the fact that any incorporated town or city, any county,
or any city and county in which a public school is located or is to be located has its own plumbing code and inspection authority, any plumbing or gas piping installation in any new construction or remodeling or repair of a public school shall be inspected by a state plumbing inspector.
(6) If an incorporated town or city, county, city and county, or qualified state
institution of higher education intends to commence or cease performing plumbing or gas piping inspections in its respective jurisdiction, or for its buildings owned or leased or on its land, written notice of such intent must be given to the board.
(7) (a) A person claiming to be aggrieved by the failure of a state plumbing
inspector to inspect the person's property after proper application or by notice of disapproval without setting forth the reasons for denying the permit may request the program director to review the actions of the plumbing inspector or the manner of the inspection. The request may be made by the person's authorized representative and must be in writing.
(b) Upon the filing of the request, the program director shall cause a copy of
the request to be served upon the state plumbing inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.
(c) If the request is not granted within ten days after it is filed, it may be
treated as rejected. A person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.
(d) Any hearing before the board shall be held pursuant to the provisions of
section 24-4-105.
(8) If an incorporated town or city, county, city and county, or qualified state
institution of higher education intends to commence or cease performing plumbing inspections in its jurisdiction or for the buildings owned or leased by or on land of a qualified state institution of higher education, it shall commence or cease the same only as of July 1 of any year, and written notice of intent must be given to the board on or before October 1 of the preceding calendar year. If notice is not given and the use of state plumbing inspectors is required within the respective jurisdiction or building affected by the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring inspections shall reimburse the board for any expenses incurred in performing inspections, in addition to transmitting the required permit fees.
(9) A qualified state institution of higher education may choose not to
require fees as part of the permitting process. A documented permitting and inspection system must be instituted by each qualified state institution of higher education as a tracking system that is available to the board for the purpose of investigating any alleged violation of this article 155. The permitting and inspection system must include information specifying the project, the name of the inspector, the date of the inspection, the job site address, the scope of the project, the type of the inspection, the result of the inspection, the reason and applicable code sections for partially passed or failed inspections, and the names of the contractors on the project who are subject to inspection.
(10) (a) An inspector performing an inspection for the state, an incorporated
town or city, county, city and county, or qualified state institution of higher education, referred to in this subsection (10) as an inspecting entity, shall verify compliance with this article 155.
(b) (I) Inspections performed by an inspecting entity must include, for each
project, a contemporaneous review to ensure compliance with sections 12-155-108 and 12-155-124. A contemporaneous review may include a full or partial review of the plumbers and apprentices working at a job site being inspected.
(II) To ensure that enforcement is consistent, timely, and efficient, each
inspecting entity employing inspectors shall develop standard procedures to advise its inspectors on how to conduct a contemporaneous review. An inspecting entity's standard procedures need not require a contemporaneous review for each inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-155-108 and 12-155-124 at any time. Each inspecting entity's procedures must include provisions that allow for inspectors to:
(A) Conduct occasional, random, on-site inspections while actual plumbing
work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the inspecting entity; and
(B) Request documentation indicating who performed the plumbing work to
ensure compliance with sections 12-155-108 and 12-155-124.
(III) Each inspecting entity subject to subsection (10)(b)(II) of this section,
including the state, shall post its current procedures regarding contemporaneous reviews in a prominent location on its public website and provide the director with a link to the web page on which the procedures have been posted or, if an inspecting entity does not have a website, provide its current procedures to the director for posting on the board's website.
(IV) An inspector may file a complaint with the board for any violation of this
article 155.
(c) (I) The board shall ensure compliance with this section. If the board
determines, as a result of a formal complaint, that an inspecting entity is conducting plumbing inspections that do not comply with this section, the board may issue to the inspecting entity an order to show cause, in accordance with section 12-155-105 (1)(m), as to why the board should not issue a final order directing the inspecting entity to cease and desist conducting plumbing inspections until the inspecting entity comes into compliance to the satisfaction of the board.
(II) The board shall not issue a cease-and-desist order to an inspecting entity
because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.
(III) If the use of state plumbing inspectors is required after the issuance of a
final cease-and-desist order pursuant to this subsection (10)(c), the inspecting entity shall reimburse the board for any expenses incurred in performing the inspecting entity's inspections, in addition to transmitting the required permit fees.
(11) As used in this section, qualified applicant means:
(a) A licensed master plumber, including a licensed master plumber who is
operating as a sole proprietor, so long as the licensed master plumber is also a registered plumbing contractor;
(b) A licensed master plumber who is directly employed by a registered
plumbing contractor; or
(c) A homeowner performing work on the homeowner's home.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1004, � 1, effective October 1; (10) added, (HB 19-1086), ch. 109, p. 404, � 4, effective January 1, 2020. L. 2022: (1) and (10)(c) amended, (HB 22-1242), ch. 172, p. 1137, � 32, effective August 10; (1), (2), (3), (7)(a), and (10)(b) amended and (11) added, (HB 22-1346), ch. 483, p. 3513, � 6, effective January 1, 2023. L. 2024: (7)(a) to (7)(c) amended, (HB 24-1344), ch. 343, p. 2328, � 21, effective July 1.
Editor's note: (1) This section is similar to former � 12-58-114.5 as it existed
prior to 2019.
(2) Amendments to subsection (1) by HB 22-1242 and HB 22-1346 were
harmonized.
C.R.S. § 12-155-121
12-155-121. Municipal and county regulations. (1) Any city, town, county, or city and county of this state may provide for the licensing of plumbing contractors or water conditioning contractors. Contractors who obtain local licensing must also register with the board in accordance with section 12-155-108.
(2) A local government agency shall not promulgate rules or regulations or
provide for licenses that would preclude the holder of a valid license or registration issued under this article 155 from practicing the holder's trade.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1007, � 1, effective October 1.
Editor's note: This section is similar to former � 12-58-115 as it existed prior
to 2019.
C.R.S. § 12-155-122
12-155-122. Unauthorized practice - penalties. (1) A person who engages in or works at or offers or attempts to engage in or work at the business, trade, or calling of a residential, journeyworker, or master plumber or plumbing apprentice without an active license, permit, or registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a).
(2) A person who engages in or works at or offers or attempts to engage in or
work at the business, trade, or calling of a water conditioning contractor, water conditioning installer, or water conditioning principal without an active registration issued under this article 155 is subject to penalties pursuant to section 12-20-407 (1)(a); except that nothing in this subsection (2) limits the ability of a licensed residential, journeyworker, or master plumber, a plumbing apprentice, or a registered plumbing contractor to practice within the person's respective area as authorized by this article 155 with regard to water conditioning appliances.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1007, � 1, effective October 1. L. 2024: (2) amended, (HB 24-1344), ch. 343, p. 2328, � 22, effective July 1; entire section amended, (HB 24-1344), ch. 343, p. 2328, � 23, effective July 1, 2025.
Editor's note: (1) This section is similar to former � 12-58-116 as it existed
prior to 2019.
(2) Amendments to subsection (2) by sections 22 and 23 of HB 24-1344 were
harmonized, effective July 1, 2025.
C.R.S. § 12-155-124
12-155-124. Apprentices - registration - data-sharing agreement - discipline - rules. (1) A person may work as a plumbing apprentice for a registered plumbing contractor but shall not do any plumbing work for which a license is required pursuant to this article 155 except under the supervision of a licensed plumber. Supervision requires that a licensed plumber supervise apprentices at the job site. One licensed journeyworker plumber, master plumber, or residential plumber shall not supervise more than three plumbing apprentices at the same job site.
(2) A master, journeyworker, or residential plumber who is the supervisor of a
plumbing apprentice is responsible for the work performed by the apprentice. The license of a plumber may be revoked, suspended, or denied under section 12-155-113 for any improper work performed by a plumbing apprentice while under the supervision of the licensee.
(3) By July 1 each year, a registered plumbing contractor, an apprenticeship
program registered with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor that employs a plumbing apprentice in this state shall report to the board the name and contact information of each plumbing apprentice in the apprenticeship program and the cumulative number of practical training hours each plumbing apprentice has completed toward the licensure requirements specified in section 12-155-110. The board shall keep the information reported pursuant to this subsection (3) confidential from all parties other than from the plumbing apprentice through the plumbing apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (8) of this section, indicate whether the plumbing apprentice has completed the required practical training hours in the department of regulatory agencies' online apprenticeship directory.
(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2027.] (a) (I) A
registered plumbing contractor shall not register with the board pursuant to subsection (3) of this section a plumbing apprentice who is in a construction industry apprenticeship program registered with the United States department of labor or a state apprenticeship agency recognized by the United States department of labor unless the plumbing apprentice is enrolled in an apprenticeship program training the plumbing apprentice for an occupation officially recognized by the United States department of labor as a plumbing or mechanical-related occupation, as defined by the United States department of labor, bureau of labor statistics, occupational employment and wage statistics occupation codes 17.3013, 47.2152, or 49.9021.
(II) On or before July 1, 2027, the state apprenticeship agency and the
department, if existing resources are available or if the department receives sufficient gifts, grants, or donations pursuant to subsection (8) of this section, shall establish a data-sharing agreement to allow verification of eligibility for registration with the board pursuant to subsection (3.5)(a)(I) of this section.
(b) (I) If the board determines that a plumbing apprentice is not in
compliance with subsection (3.5)(a) of this section, the board shall notify the plumbing contractor that registered the apprentice with the board. Within thirty days after notification of noncompliance, the plumbing contractor shall provide proof that the apprentice is eligible to be registered as a plumbing apprentice with the board. If the board verifies within sixty days after notification of noncompliance that the plumbing apprentice is eligible to be registered as a plumbing apprentice, the plumbing apprentice will remain registered with the board.
(II) If the board cannot verify that a plumbing apprentice is eligible to be
registered as a plumbing apprentice within sixty days after notice of noncompliance pursuant to subsection (3.5)(b)(I) of this section, the board shall remove the plumbing apprentice's registration with the board, and the noncompliant plumbing apprentice shall not perform work as a plumbing apprentice in the state.
(III) This subsection (3.5) does not apply to a plumbing apprentice whose
training is provided directly by the plumbing contractor or another plumbing training program that is not an apprenticeship program registered with the United States department of labor or a state apprenticeship agency.
(4) On and after July 1, 2021, contingent on the availability of existing
resources within the department or the receipt of gifts, grants, and donations pursuant to subsection (8) of this section:
(a) (I) A plumbing apprentice who has been registered for at least six years,
has completed six thousand eight hundred hours of practical training, and meets all other license requirements specified in section 12-155-110 shall take the license examination at least every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score.
(II) If a plumbing apprentice has failed to pass the license examination in two
consecutive two-year periods, the plumbing apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the plumbing apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.
(b) A plumbing apprentice who has been registered for at least six years and
who does not meet the license requirements specified in section 12-155-110 shall take the license examination at least once every two years in alignment with the license renewal cycle until the plumbing apprentice receives a passing score. Once the plumbing apprentice passes the license examination, the apprentice must meet all other license requirements specified in section 12-155-110 before the board may issue a license to the plumbing apprentice.
(5) (a) If the cumulative training hours of a plumbing apprentice are not
reported as required by subsection (3) of this section or if a plumbing apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the plumbing apprentice's registration until the requirements are met.
(b) If a plumbing apprentice who is required to take the license examination
pursuant to subsection (4) of this section has a learning disability, the plumbing apprentice, plumbing contractor, or apprenticeship program may request that the board make accommodations for the plumbing apprentice to take the examination with the appropriate level of support.
(6) A registered plumbing contractor, an apprenticeship program registered
with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor shall remove each plumbing apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.
(7) Repealed.
(8) The department may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1010, � 1, effective October 1. L. 2020: (3) to (8) added, (SB 20-120), ch. 244, p. 1173, � 2, effective September 14. L. 2023: (3) and (6) amended, (SB 23-051), ch. 37, p. 144, � 17, effective March 23. L. 2024: (1) and (2) amended, (HB 24-1344), ch. 343, p. 2330, � 25, effective July 1, 2025. L. 2025: (3.5) added, (HB 25-1284), ch. 403, p. 2302, � 2, effective January 1, 2027.
Editor's note: (1) This section is similar to former � 12-58-117 as it existed
prior to 2019.
(2) Subsection (7)(b) provided for the repeal of subsection (7), effective July
1, 2021. (See L. 2020, p. 1174.)
C.R.S. § 12-155-125
12-155-125. Plumbing contractors - requirement to display registration identification - master plumber of contractor. (1) On and after July 1, 2025, a plumbing contractor shall display the following information on the plumbing contractor's vehicle or vehicles, billing materials, bid sheets, and website:
(a) The plumbing contractor's Colorado registration identification number;
and
(b) The Colorado registration identification number for the master plumber
attached to the plumbing contractor.
Source: L. 2024: Entire section added, (HB 24-1344), ch. 343, p. 2330, � 26,
effective July 1.
C.R.S. § 12-155-126
12-155-126. Backflow prevention devices - requirements - service information provided to customer. (1) On and after July 1, 2025, a licensed plumber who installs, tests, inspects, repairs, or reinstalls a backflow prevention device shall affix a tag on the backflow prevention device that contains the following information:
(a) The name and contact information of the business with which the
licensed plumber is affiliated;
(b) The plumbing contractor's registration number, or the license number of
the master plumber attached to the contractor, issued by the board;
(c) The date the service was provided; and
(d) A description of the service provided.
(2) A licensed plumber may document multiple services on one tag.
Source: L. 2025: Entire section added, (HB 25-1077), ch. 39, p. 187, � 2,
effective March 28.
ARTICLE 160
Private Investigators
12-160-101 to 12-160-111. (Repealed)
Editor's note: (1) This title 12 was repealed and reenacted in 2019. For
amendments to this article 160 prior to its repeal in 2020, consult the 2019 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 12-160-111 provided for the repeal of this article 160, effective
September 21, 2020. (See L. 2019, p. 1021.)
ARTICLE 165
Radon Professionals
C.R.S. § 12-20-105
12-20-105. Fee adjustments - division of professions and occupations cash fund created - legal defense account created - general fund transfer - definition - repeal. (1) This section applies to all activities of the division and all regulators.
(2) (a) The director shall propose, as part of the division's annual budget
request, an adjustment in the amount of each fee that each regulator is authorized by law to collect. The budget request and the adjusted fees for each regulator must reflect direct and indirect costs that are appropriated in the annual general appropriation act.
(b) (I) Except as otherwise provided in subsection (2)(b)(II) of this section,
based upon the appropriation made and subject to the approval of the executive director, each regulator shall adjust the fees the regulator is authorized by law to collect so that the revenue generated from the fees approximates its direct and indirect costs.
(II) The costs of the state board of psychologist examiners, the state board
of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of social work examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners shall be considered collectively in the renewal fee-setting process. Subsequent revenue generated by the fees set by the boards plus revenues generated pursuant to section 12-245-703 shall be compared to those collective costs to determine recovery of direct and indirect costs.
(III) The fees set pursuant to this subsection (2)(b) remain in effect for the
fiscal year for which the budget request applies.
(3) All fees collected by a regulator, not including any fees retained by
contractors as established pursuant to section 24-34-101 (10), shall be transmitted to the state treasurer, who shall credit them to the division of professions and occupations cash fund, which fund is hereby created. All money credited to the division of professions and occupations cash fund shall be used as provided in this section and shall not be deposited in or transferred to the general fund of this state or any other fund.
(4) Any fees established pursuant to section 24-34-101 (10) or (11) may be
received by a contractor and retained as payment for the costs of examination or other services rendered pursuant to the contract with the executive director. Fees retained by a contractor and not collected by the state or deposited with the state treasurer are not subject to article 36 of title 24.
(5) (a) The excise tax collected pursuant to section 12-20-104 shall be
credited to the legal defense account, which account is hereby created within the division of professions and occupations cash fund. The excise tax is the sole source of funding for the account, and no other fee or portion of a fee collected by a regulator and credited to the division of professions and occupations cash fund shall be deposited in or transferred to the account. The account shall be used to supplement revenues received by the division but shall only be used for the purpose of paying legal expenses incurred by a regulator. Upon a determination of the need of a regulator for additional revenues for the payment of legal expenses, the director may authorize the allocation of revenues from the legal defense account to a regulator for legal expenses.
(b) For purposes of this subsection (5), legal expenses includes costs
relating to holding administrative hearings and charges for legal services provided by the department of law, administrative law judge services, investigative services, expert witnesses, and consultants.
(6) Each July 1, whenever money appropriated to the division for the activities
of a regulator for the prior fiscal year is unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the regulator. If a supplemental appropriation is made to the division for the activities of a regulator, the fees of the regulator, when adjusted for the fiscal year following the fiscal year in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Money appropriated to the division in the annual long appropriation bill shall be designated as cash funds and shall not exceed the amount anticipated to be raised from fees collected by the regulators.
(7) and (8) Repealed.
(9) (a) On June 30, 2025, the state treasurer shall transfer one million three
hundred seventy-two thousand eight hundred forty-three dollars from the division of professions and occupations cash fund to the general fund.
(b) This subsection (9) is repealed, effective July 1, 2026.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
733, � 1, effective October 1. L. 2020: (2)(b)(II) amended, (HB 20-1206), ch. 304, p. 1543, � 42, effective July 14. L. 2022: (8) added, (HB 22-1299), ch. 174, p. 1162, � 2, effective May 17; (7) added, (HB 22-1298), ch. 176, p. 1169, � 2, effective May 18. L. 2025: (9) added, (SB 25-264), ch. 129, p. 500, � 9, effective April 25.
Editor's note: (1) This section is similar to former � 24-34-105 as it existed
prior to 2019.
(2) Subsection (7)(b) provided for the repeal of subsection (7), effective July
1, 2025. (See L. 2022, p. 1169.)
(3) Subsection (8)(b) provided for the repeal of subsection (8), effective July
1, 2025. (See L. 2022, p. 1162.)
Cross references: For the legislative declaration in HB 22-1299, see section 1
of chapter 174, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1298, see section 1 of chapter 176, Session Laws of Colorado 2022.
PART 2
GENERAL POWERS AND DUTIES OF
DIVISION, BOARDS, AND COMMISSIONS
C.R.S. § 12-20-407
12-20-407. Unauthorized practice of profession or occupation - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:
(I) Violates section 12-100-112 or 12-100-116 (1)(a);
(II) Engages in or offers or attempts to engage in the conduct, promotion, or
performance of live boxing matches without an active license or permit issued under article 110 of this title 12;
(III) Repealed.
(IV) Engages in or works at or offers or attempts to engage in or work at the
business, trade, or calling of a residential, journeyworker, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or
(V) Practices or offers or attempts to practice any of the following
professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:
(A) Barbering, hairstyling, esthetics, manicuring, or cosmetology, as
regulated under article 105 of this title 12;
(B) The profession of an electrician, as regulated under article 115 of this title
12;
(C) Professional engineering, as regulated under article 120 of this title 12;
(D) Professional land surveying, as regulated under article 120 of this title 12;
(E) Architecture, as regulated under article 120 of this title 12;
(F) Landscape architecture, as regulated under article 130 of this title 12;
(G) Acupuncture, as regulated under article 200 of this title 12;
(H) Audiology, as regulated under article 210 of this title 12;
(I) Chiropractic, as regulated under article 215 of this title 12;
(J) Dentistry, dental therapy, or dental hygiene, as regulated under article
220 of this title 12;
(K) Direct-entry midwifery, as regulated under article 225 of this title 12;
(L) Practice as a hearing aid provider or engages in the practice of
dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12;
(M) Medicine, practice as a physician assistant, or practice as an
anesthesiologist assistant, as regulated under article 240 of this title 12;
(N) Practice as a psychologist, social worker, marriage and family therapist,
licensed professional counselor, unlicensed psychotherapist, or addiction counselor, as regulated under article 245 of this title 12;
(O) Practical or professional nursing or practice as a certified midwife, as
regulated under article 255 of this title 12;
(P) Nursing home administration, as regulated under article 265 of this title
12;
(Q) Optometry, as regulated under article 275 of this title 12;
(R) Pharmacy or as a pharmacy technician, as regulated under article 280 of
this title 12;
(S) Physical therapy, as regulated under part 1 of article 285 of this title 12;
(T) Podiatry, as regulated under article 290 of this title 12;
(U) Practice as a psychiatric technician, as regulated under article 295 of
this title 12;
(V) Respiratory therapy, as regulated under article 300 of this title 12;
(W) [Editor's note: This version of subsection (1)(a)(V)(W) is effective until
January 1, 2026.] Veterinary medicine or as a veterinary technician, as regulated under article 315 of this title 12; or
(W) [Editor's note: This version of subsection (1)(a)(V)(W) is effective January
1, 2026.] Veterinary medicine or as a veterinary technician or veterinary professional associate, as regulated under article 315 of this title 12; or
(X) Facilitating natural medicine services, as regulated under article 170 of
this title 12.
(b) A person commits a class 2 misdemeanor and shall be punished as
provided in section 18-1.3-501 if the person engages in any of the following activities:
(I) Repealed.
(II) Practices or offers or attempts to practice athletic training without an
active registration issued under article 205 of this title 12;
(III) Practices or offers or attempts to practice massage therapy without an
active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;
(IV) Practices or offers or attempts to practice occupational therapy without
an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants;
(V) Practices or offers or attempts to practice speech-language pathology
without an active certification issued under article 305 of this title 12;
(VI) Performs the duties of a surgical assistant or surgical technologist
without being registered under article 310 of this title 12; or
(VII) Conducts radon measurement or radon mitigation, claims to be a radon
measurement professional or radon mitigation professional, or uses the title radon measurement professional or radon mitigation professional or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation without an active license issued under article 165 of this title 12.
(c) A person who practices or offers or attempts to practice as a
naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(d) A person who violates section 12-285-202 or 12-285-203 without an
active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(e) A person commits a class 6 felony and shall be punished as provided in
section 18-1.3-401 if the person practices or offers or attempts to practice any of the following professions or occupations and intentionally and fraudulently represents oneself as a licensed, certified, or registered professional or practitioner of any of the following:
(I) Professional engineering, as regulated pursuant to article 120 of this title
12;
(II) Architecture, as regulated pursuant to article 120 of this title 12;
(III) Audiology, as regulated pursuant to article 210 of this title 12;
(IV) Dentistry, as regulated pursuant to article 220 of this title 12;
(V) Direct-entry midwifery, as regulated pursuant to article 225 of this title
12;
(VI) Medicine, practice as a physician assistant, or practice as an
anesthesiologist assistant, as regulated pursuant to article 240 of this title 12;
(VII) Professional nursing or practice as a certified midwife, as regulated
pursuant to article 255 of this title 12;
(VIII) Nursing home administration, as regulated pursuant to article 265 of
this title 12;
(IX) Optometry, as regulated pursuant to article 275 of this title 12;
(X) Pharmacy or as a pharmacy technician, as regulated pursuant to article
280 of this title 12; or
(XI) Respiratory therapy, as regulated pursuant to article 300 of this title 12.
(2) The penalties for:
(a) Engaging in unauthorized activities regarding mortuaries and crematories
are governed by section 12-135-108;
(b) Violating article 140 of this title 12 concerning nontransplant tissue banks
are governed by section 12-140-108;
(c) Engaging in unauthorized activities regarding passenger tramways are
governed by section 12-150-108 (4);
(d) Engaging in unauthorized activities regarding nurse aide practice are
governed by section 12-255-215; and
(e) Providing, or offering or attempting to provide, outfitting services without
an active registration issued under article 145 of this title 12 are governed by section 33-6-113.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
753, � 1, effective October 1; (1)(a)(V)(R) amended, (HB 19-1242), ch. 434, p. 3756, � 16, effective October 1. L. 2020: (2)(d) amended, (HB 20-1183), ch. 157, p. 696, � 36, effective July 1; (1)(a)(V)(N) amended, (HB 20-1206), ch. 304, p. 1544, � 43, effective July 14. L. 2021: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 21-1195), ch. 398, p. 2645, � 4, effective September 7; IP(1)(a) and IP(1)(b) amended, (SB 21-271), ch. 462, p. 3154, � 140, effective March 1, 2022. L. 2022: (1)(e) added, (HB 22-1257), ch. 69, p. 351, � 1, effective April 7; (1)(a)(V)(W) amended, (HB 22-1235), ch. 442, p. 3101, � 4, effective August 10; (1)(b)(I) repealed, (SB 22-212), ch. 421, p. 2968, � 22, effective August 10; (1)(a)(V)(J) amended, (SB 22-219), ch. 381, p. 2723, � 29, effective January 1, 2023. L. 2023: (1)(a)(V)(O), IP(1)(e), and (1)(e)(VII) amended, (SB 23-167), ch. 261, p. 1531, � 24, effective May 25; (1)(a)(V)(V) and (1)(a)(V)(W) amended and (1)(a)(V)(X) added, (SB 23-290), ch. 249, p. 1388, � 17, effective July 1. L. 2024: IP(1)(e) amended, (HB 24-1450), ch. 490, p. 3407, � 18, effective August 7; (1)(a)(IV) amended, (HB 24-1344), ch. 343, p. 2330, � 27, effective July 1, 2025. Initiated 2024: (1)(a)(V)(W) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. L. 2025: (1)(a)(III) repealed, (2)(c) and (2)(d) amended, and (2)(e) added, (SB 25-174), ch. 310, p. 1615, � 8, effective August 6.
Editor's note: (1) Subsection (1)(a) is similar to former � 12-23-119 (2);
subsection (1)(b) is similar to former � 12-58.5-104 (2); subsection (1)(c) is similar to former � 12-37.3-113; and subsection (1)(d) is similar to former � 12-41-216, as those sections existed prior to 2019.
(2) Subsection (1)(a)(V)(W) was changed by Proposition 129, effective January
1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:
FOR: 1,572,545
AGAINST: 1,407,814
Cross references: For the legislative declaration in SB 22-219, see section 1
of chapter 381, Session Laws of Colorado 2022.
C.R.S. § 12-220-201
12-220-201. Grounds for disciplinary action - definition. (1) The board may take disciplinary action against an applicant or licensee in accordance with sections 12-20-404 and 12-220-202 for any of the following causes:
(a) Engaging in fraud, misrepresentation, or deception in applying for,
securing, renewing, or seeking reinstatement of a license to practice dentistry, dental therapy, or dental hygiene in this state, in applying for professional liability coverage required pursuant to section 12-220-307, or in taking the examinations provided for in this article 220;
(b) Conviction of a felony or any crime that constitutes a violation of this
article 220. For purposes of this subsection (1)(b), conviction includes the entry of a plea of guilty or nolo contendere or a deferred sentence.
(c) Administering, dispensing, or prescribing a habit-forming drug or
controlled substance, as defined in section 18-18-102 (5), to a person, including the applicant or licensee, other than in the course of legitimate professional practice;
(d) Conviction of a violation of a federal or state law regulating the
possession, distribution, or use of a controlled substance, as defined in section 18-18-102 (5), and, in determining if a license should be denied, revoked, or suspended or if the licensee should be placed on probation, the board is governed by sections 12-20-202 (5) and 24-5-101;
(e) Habitually abusing or excessively using alcohol, a habit-forming drug, or
a controlled substance, as defined in section 18-18-102 (5);
(f) Misusing a drug or controlled substance, as defined in section 18-18-102
(5);
(g) Aiding or abetting, in the practice of dentistry, dental therapy, or dental
hygiene, a person who is not licensed to practice dentistry, dental therapy, or dental hygiene under this article 220 or whose license to practice dentistry, dental therapy, or dental hygiene is suspended;
(h) Except as otherwise provided in sections 12-220-304, 12-220-503 (4), and
25-3-103.7, practicing dentistry, dental therapy, or dental hygiene as a partner, agent, or employee of or in joint venture with any person who does not hold a license to practice dentistry, dental therapy, or dental hygiene within this state or practicing dentistry, dental therapy, or dental hygiene as an employee of or in joint venture with any partnership, association, or corporation. A licensee holding a license to practice dentistry, dental therapy, or dental hygiene in this state may accept employment from any person, partnership, association, or corporation to examine, prescribe, and treat the employees of the person, partnership, association, or corporation.
(i) Violating or attempting to violate, directly or indirectly, assisting in or
abetting the violation of, or conspiring to violate any provision or term of this article 220, an applicable provision of article 20 or 30 of this title 12, or any lawful rule or order of the board;
(j) (I) Failing to notify the board, as required by section 12-30-108 (1), of a
physical illness, physical condition, or behavioral health, mental health, or substance use disorder that renders the licensee unable, or limits the licensee's ability, to perform dental, dental therapy, or dental hygiene services with reasonable skill and with safety to the patient;
(II) Failing to act within the limitations created by a physical illness, physical
condition, or behavioral health, mental health, or substance use disorder that renders the licensee unable to perform dental, dental therapy, or dental hygiene services with reasonable skill and safety or that may endanger the health or safety of persons under the licensee's care; or
(III) Failing to comply with the limitations agreed to under a confidential
agreement entered pursuant to sections 12-30-108 and 12-220-207;
(k) Committing an act or omission that constitutes grossly negligent dental,
dental therapy, or dental hygiene practice or that fails to meet generally accepted standards of dental, dental therapy, or dental hygiene practice;
(l) Advertising in a manner that is misleading, deceptive, or false;
(m) Engaging in a sexual act with a patient during the course of patient care
or within six months immediately following the termination of the licensee's professional relationship with the patient. Sexual act, as used in this subsection (1)(m), means sexual contact, sexual intrusion, or sexual penetration as defined in section 18-3-401.
(n) Refusing to make patient records available to a patient, patient
representative, or previous or current treatment provider within seven calendar days after a written request pursuant to a written authorization request under section 25-1-802;
(o) False billing in the delivery of dental, dental therapy, or dental hygiene
services, including performing one service and billing for another, billing for any service not rendered, or committing a fraudulent insurance act, as defined in section 10-1-128;
(p) Committing abuse of health insurance in violation of section 18-13-119;
(q) Failing to notify the board, in writing and within ninety days after a
judgment is entered, of a final judgment by a court of competent jurisdiction in favor of any party and against the licensee involving negligent malpractice of dentistry, dental therapy, or dental hygiene, which notice must contain the name of the court, the case number, and the names of all parties to the action;
(r) Failing to report a dental, dental therapy, or dental hygiene malpractice
judgment or malpractice settlement to the board by the licensee within ninety days;
(s) Failing to furnish unlicensed persons with dental laboratory work orders
pursuant to section 12-220-502;
(t) Employing a solicitor or other agent to obtain patronage, except as
provided in section 12-220-309;
(u) Willfully deceiving or attempting to deceive the board or its agents with
reference to any matter relating to this article 220;
(v) Sharing any professional fees with anyone except those with whom the
dentist, dental therapist, or dental hygienist is lawfully associated in the practice of dentistry, dental therapy, or dental hygiene; except that:
(I) A licensed dentist or dental hygienist may pay an independent advertising
or marketing agent compensation for advertising or marketing services rendered by the agent for the benefit of the licensed dentist or dental hygienist, including compensation that is based on the results or performance of the services on a per-patient basis; and
(II) Nothing in this section prohibits a dentist, dental therapist, or dental
hygienist practice owned or operated by a proprietor authorized under section 12-220-303 from contracting with any person or entity for business management services or paying a royalty in accordance with a franchise agreement if the terms of the contract or franchise agreement do not affect the exercise of the independent professional judgment of the dentist, dental therapist, or dental hygienist.
(w) Failing to provide reasonably necessary referral of a patient to other
licensed dentists or licensed health-care professionals for consultation or treatment when the failure to provide referral does not meet generally accepted standards of dental care;
(x) Failure of a dental therapist or dental hygienist to recommend that a
patient be examined by a dentist or to refer a patient to a dentist when the dental therapist or dental hygienist detects a condition that requires care beyond the scope of practicing dental therapy or supervised or unsupervised dental hygiene;
(y) Engaging in any of the following activities and practices:
(I) Willfully and repeatedly ordering or performing, without clinical
justification, demonstrably unnecessary laboratory tests or studies;
(II) Administering, without clinical justification, treatment that is
demonstrably unnecessary;
(III) In addition to the provisions of subsection (1)(x) of this section, failing to
obtain consultations or perform referrals when failing to do so is not consistent with the standard of care for the profession;
(IV) Ordering or performing, without clinical justification, any service, X ray,
or treatment that is contrary to recognized standards of the practice of dentistry, dental therapy, or dental hygiene, as interpreted by the board;
(z) Falsifying or repeatedly making incorrect essential entries or repeatedly
failing to make essential entries on patient records;
(aa) Violating section 8-42-101 (3.6);
(bb) Violating section 12-220-602 or any rule of the board adopted pursuant
to that section;
(cc) Administering local anesthesia, minimal sedation, moderate sedation, or
deep sedation/general anesthesia without obtaining a permit from the board in accordance with section 12-220-411;
(dd) Failing to report to the board, within ninety days after final disposition,
the surrender of a license to, or adverse action taken against a license by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for an act or conduct that would constitute grounds for discipline pursuant to this article 220;
(ee) Failing to provide adequate or proper supervision of unlicensed persons
in dental, dental therapy, or dental hygiene practice;
(ff) Engaging in any conduct that constitutes a crime as defined in title 18,
which conduct relates to the licensee's practice as a dentist, dental therapist, or dental hygienist;
(gg) Practicing outside the scope of dental, dental therapy, or dental hygiene
practice;
(hh) Failing to establish and continuously maintain financial responsibility or
professional liability insurance as required by section 12-220-307;
(ii) Advertising or otherwise holding oneself out to the public as practicing a
dental specialty in which the dentist has not successfully completed the education specified for the dental specialty as defined by the National Commission on Recognition of Dental Specialties and Certifying Boards or the United States department of education;
(jj) Failing to respond in an honest, materially responsive, and timely manner
to a complaint filed against the licensee pursuant to this article 220;
(kk) Committing an act or omission that fails to meet generally accepted
standards for infection control;
(ll) Administering moderate sedation or deep sedation/general anesthesia
without a licensed dentist or other licensed health-care professional qualified to administer the relevant level of sedation or anesthesia present in the operatory;
(mm) Failing to complete and maintain records of completing continuing
education as required by section 12-220-308;
(nn) Failing to comply with section 12-220-505 regarding the placement of
interim therapeutic restorations;
(oo) Failing to comply with section 12-220-503 (1)(g) and rules adopted
pursuant to that section regarding the application of silver diamine fluoride;
(pp) Failing to accurately complete and submit the questionnaire required by
section 12-220-408 (2);
(qq) Practicing outside the scope of an articulated plan developed in
accordance with section 12-220-503 (1)(g)(V) or 12-220-508 (1)(b), (1)(c)(VII), or (2); or
(rr) The failure of the provider performing itinerant surgery to provide
necessary follow-up care, including the failure to provide a post-procedure care plan outlining follow-up care in a facility or to be performed by a licensed surgical specialist who is located within a reasonable distance from the office where the initial care was provided if the original itinerant care provider is unavailable to provide the necessary follow-up care. The post-procedure care plan shall not identify an urgent care center or a hospital emergency department as the provider or the treatment facility for follow-up care.
Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.
64, p. 225, � 1, effective September 14. L. 2021: (1)(oo) amended, (SB 21-102), ch. 31, p. 127, �� 3, 4, effective September 1. L. 2022: (1)(a), (1)(g), (1)(h), (1)(j)(I), (1)(j)(II), (1)(k), (1)(o), (1)(q), (1)(r), IP(1)(v), (1)(v)(II), (1)(x), (1)(y)(IV), (1)(ee), (1)(ff), and (1)(gg) amended, (SB 22-219), ch. 381, p. 2713, � 9, effective January 1, 2023. L. 2025: (1)(n), (1)(s), (1)(ii), and (1)(oo) amended and (1)(qq) and (1)(rr) added, (SB 25-194), ch. 171, p. 694, � 5, effective August 6.
Editor's note: (1) This section is similar to former � 12-220-130 as it existed
prior to 2020.
(2) Prior to their relocation in 2020, subsections (1)(nn) and (1)(oo) were
amended and (1)(pp) was added by SB 19-079, effective July 1, 2023.
Cross references: For the legislative declaration in SB 22-219, see section 1
of chapter 381, Session Laws of Colorado 2022.
C.R.S. § 12-245-224
12-245-224. Prohibited activities - related provisions - definition. (1) A person licensed, registered, or certified under this article 245 violates this article 245 if the person:
(a) Has been convicted of or pled guilty or nolo contendere to a felony or to
any crime related to the person's practice, or received a deferred sentence to a felony charge. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, each board is governed by sections 12-20-202 (5) and 24-5-101.
(b) Has violated or attempted to violate, directly or indirectly, or assisted or
abetted the violation of, or conspired to violate any provision or term of this article 245, an applicable provision of article 20 or 30 of this title 12, a rule promulgated pursuant to this article 245, or any order of a board established pursuant to this article 245;
(c) Has used advertising that is misleading, deceptive, or false;
(d) (I) Has committed abuse of health insurance pursuant to section 18-13-119;
(II) Has advertised through newspapers, magazines, circulars, direct mail,
directories, radio, television, or otherwise that the person will perform any act prohibited by section 18-13-119;
(e) Habitually or excessively uses or abuses alcohol, a habit-forming drug, or
a controlled substance, as defined in section 18-18-102 (5);
(f) (I) Fails to notify the board that regulates the person's profession of a
physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the person's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care;
(II) Fails to act within the limitations created by a physical illness, physical
condition, or behavioral, mental health, or substance use disorder that renders the person unable to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or
(III) Fails to comply with the limitations agreed to under a confidential
agreement entered into pursuant to sections 12-30-108 and 12-245-223;
(g) (I) Has acted or failed to act in a manner that does not meet the generally
accepted standards of the professional discipline under which the person practices. Generally accepted standards may include, at the board's discretion, the standards of practice generally recognized by state and national associations of practitioners in the field of the person's professional discipline.
(II) A certified copy of a malpractice judgment of a court of competent
jurisdiction is conclusive evidence that the act or omission does not meet generally accepted standards of the professional discipline, but evidence of the act or omission is not limited to a malpractice judgment.
(h) Has performed services outside of the person's area of training,
experience, or competence;
(i) Has maintained relationships with clients that are likely to impair the
person's professional judgment or increase the risk of client exploitation, such as treating employees, supervisees, close colleagues, or relatives;
(j) Has exercised undue influence on the client, including the promotion of
the sale of services, goods, property, or drugs in such a manner as to exploit the client for the financial gain of the practitioner or a third party;
(k) Has failed to terminate a relationship with a client when it was reasonably
clear that the client was not benefitting from the relationship and is not likely to gain such benefit in the future;
(l) Has failed to refer a client to an appropriate practitioner when the
problem of the client is beyond the person's training, experience, or competence;
(m) Has failed to obtain a consultation or perform a referral when the failure
is not consistent with generally accepted standards of care;
(n) Has failed to render adequate professional supervision of persons
practicing pursuant to this article 245 under the person's supervision according to generally accepted standards of practice;
(o) Has accepted commissions or rebates or other forms of remuneration for
referring clients to other professional persons;
(p) Has failed to comply with any of the requirements pertaining to
mandatory disclosure of information to clients pursuant to section 12-245-216;
(q) Has offered or given commissions, rebates, or other forms of
remuneration for the referral of clients unless the offer or remuneration was for services provided, including marketing, office space, administrative, consultative, and clinical services, and not for the referral itself. A licensee, registrant, or certificate holder may pay an independent advertising or marketing agent compensation for advertising or marketing services rendered on the person's behalf by the agent, including compensation that is paid for the results of performance of the services on a per-patient basis.
(r) Has engaged in sexual contact, sexual intrusion, or sexual penetration, as
defined in section 18-3-401, with a client during the period of time in which a therapeutic relationship exists or for up to two years after the period in which a therapeutic relationship exists;
(s) Has resorted to fraud, misrepresentation, or deception in applying for or
in securing licensure or taking any examination provided for in this article 245;
(t) Has engaged in any of the following activities and practices:
(I) Repeated ordering or performing demonstrably unnecessary laboratory
tests or studies without clinical justification for the tests or studies;
(II) The administration, without clinical justification, of treatment that is
demonstrably unnecessary;
(III) Ordering or performing any service or treatment that is contrary to the
generally accepted standards of the person's practice and is without clinical justification;
(IV) Using or recommending rebirthing or any therapy technique that may be
considered similar to rebirthing as a therapeutic treatment. Rebirthing means the reenactment of the birthing process through therapy techniques that involve any restraint that creates a situation in which a patient may suffer physical injury or death. For the purposes of this subsection (1)(t)(IV), a parent or legal guardian may not consent to physical, chemical, or mechanical restraint on behalf of a child or ward.
(V) Conversion therapy with a client who is under eighteen years of age;
(u) Has falsified or repeatedly made incorrect essential entries or repeatedly
failed to make essential entries on patient records;
(v) Has committed a fraudulent insurance act, as set forth in section 10-1-128;
(w) Has sold or fraudulently obtained or furnished a license, registration, or
certification to practice as a psychologist, social worker, marriage and family therapist, licensed professional counselor, psychotherapist, or addiction counselor or has aided or abetted in those activities; or
(x) Has failed to respond, in the manner required by the board, to a complaint
filed with or by the board against the licensee, registrant, or certificate holder.
(1.5) Any contract entered into by a licensee, certificate holder, or registrant
for the purpose of marketing, office space, administrative support, or any other overhead expense shall not provide remuneration for referrals of clients or patients or otherwise create a financial benefit or incentive to the contractor that is tied to or conditioned on the number of clients or patients that the licensee, certificate holder, or registrant sees, the value of the services that the licensee, certificate holder, or registrant provides, or any financial recovery to which the licensee, certificate holder, or registrant is entitled.
(2) A disciplinary action relating to a license, registration, or certification to
practice a profession licensed, registered, or certified under this article 245 or any related occupation in any other state, territory, or country for disciplinary reasons constitutes prima facie evidence of grounds for disciplinary action, including denial of licensure, registration, or certification, by a board. This subsection (2) applies only to disciplinary actions based upon acts or omissions in the other state, territory, or country substantially similar to those acts or omissions set out as grounds for disciplinary action pursuant to subsection (1) of this section.
(3) (a) The board shall design and send a questionnaire to all licensed
psychologists with prescriptive authority who apply for license renewal. Each applicant for license renewal shall complete the board-designed questionnaire. The purpose of the questionnaire is to determine whether a licensee has acted in violation of this part 2 or has been disciplined for any action that might be considered a violation of this part 2 or that might make the licensee unfit to practice psychology with reasonable care and safety. The board shall include on the questionnaire a question regarding whether the licensee has complied with section 12-30-111 and is in compliance with section 12-280-403 (2)(a). If an applicant fails to answer the questionnaire accurately, the failure constitutes grounds for discipline under this section. The board may include the cost of developing and reviewing the questionnaire in the fee paid pursuant to section 12-245-205. The board may deny an application for license renewal that does not accompany an accurately completed questionnaire.
(b) On and after July 1, 2024, as a condition of renewal of a license, each
licensee shall attest that the licensee is in compliance with section 12-280-403 (2)(a) and that the licensee is aware of the penalties for noncompliance with that section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1240, � 1, effective October 1; (1)(t)(V) added, (HB 19-1129), ch. 378, p. 3412, � 8, effective October 1. L. 2020: (1)(a) and (1)(q) amended and (1.5) added, (HB 20-1206), ch. 304, p. 1530, � 15, effective July 14. L. 2023: (3) added, (HB 23-1071), ch. 6, p. 16, � 1, effective August 7.
Editor's note: (1) This section is similar to former � 12-43-222 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1129.
Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1129, chapter 378, Session Laws of Colorado 2019.
C.R.S. § 12-280-135.5
12-280-135.5. Colorado drug donation program - created - rules - records - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Colorado drug donation program or program means the Colorado drug
donation program created in this section.
(b) Controlled substance has the meaning set forth in section 18-18-102.
(c) (I) Donation recipient means an entity that:
(A) Is legally authorized to possess medicine;
(B) Has a license or registration in good standing in the state in which the
entity is located; and
(C) Receives a donation of medicine.
(II) Donation recipient includes a hospital, a pharmacy, a clinic, a health-care provider, or a prescriber office.
(III) Donation recipient also includes a wholesaler, a distributor, a third-party logistics provider, a reverse distributor, or a repackager if the entity is a
nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity.
(d) (I) Donor means any entity legally authorized to possess medicine,
including a wholesaler, a distributor, a third-party logistics provider, a pharmacy, a dispenser, a clinic, a surgical or health center, a rehabilitation center, a detention center, a jail, a prison, a laboratory, a prescriber or other health-care professional, a long-term care facility or health-care facility, and any other entity regulated by the board that donates medicine.
(II) Donor includes government agencies and entities that are federally
authorized to possess medicine, including manufacturers, repackagers, relabelers, outsourcing facilities, veterans affairs hospitals, FDA-authorized importers such as those described under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. secs. 801 and 804, as amended, or similar provisions, and federal prisons.
(e) (I) Eligible patient means an individual with a need for donated medicine
who is indigent, uninsured, or underinsured.
(II) Eligible patient includes other individuals if a need for donated
medicine is not identified among individuals who are indigent, uninsured, or underinsured.
(f) Health-care professional means an individual who is licensed to practice
as a physician, registered nurse, advanced practice registered nurse, practical nurse, optometrist, or pharmacist; a certified midwife with prescriptive authority pursuant to section 12-255-112; or any other practitioner authorized to dispense or administer medicine.
(g) Individual donor means a nonlicensed individual member of the public.
(h) (I) Medicine means prescription drugs.
(II) Medicine includes:
(A) A prescription drug that requires refrigeration, freezing, or special
storage if the medicine has been continually maintained by the donor pursuant to the manufacturer's storage requirements, so long as the cold chain can be verified; and
(B) Prescription supplies and devices.
(III) Medicine does not include:
(A) Compounded drugs;
(B) Prescription drugs dispensed by pharmacies outside of the United States;
(C) Prescription drugs that are subject to risk evaluation and mitigation
strategies (REMS) under 21 U.S.C. sec. 355-1 (f)(3) unless all of the required guidelines for the medicine are followed or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted REMS distribution channel; or
(D) Controlled substances.
(i) Prescriber has the meaning set forth in section 12-280-125.7 (1)(f).
(j) Returns processor has the meaning set forth in 21 U.S.C. sec. 360eee
(18) and includes a reverse distributor.
(k) (I) Unopened, tamper-evident packaging means an intact packaging
system that renders medicine inaccessible without obvious destruction of the seal or some portion of the packaging system.
(II) Unopened, tamper-evident packaging may include unopened unit-dose,
multiple-dose, immediate, secondary, or tertiary packaging.
(2) There is created the Colorado drug donation program to facilitate the
safe donation and redispensing of unused medicine to Coloradans in need of the medicine. Participation in the program is voluntary.
(3) (a) Notwithstanding any other law or rule to the contrary, a donor or an
individual donor may donate medicine to a donation recipient. A donation recipient may receive donated medicine from a donor or an individual donor.
(b) Prior to the first donation from a person, a donation recipient shall record
the person's name, address, phone number, and license number, if applicable, and shall:
(I) Verify that the person meets the definition provided in subsection (1)(d) of
this section;
(II) Confirm that the person agrees to make donations of medicine only in
accordance with this section and rules adopted by the board relating to donated medicine; and
(III) If applicable, confirm that the person agrees to remove or redact any
patient names and prescription numbers on donated medicine or to otherwise maintain patient confidentiality by executing a confidentiality agreement with the authorized donation recipient.
(c) No other information or records are required prior to the first donation
from a new donor or a new individual donor other than as described in subsection (3)(b) of this section.
(4) A donation recipient shall maintain a written or an electronic record of
donated medicine consisting of the name, strength, quantity, and lot number, if known, of each accepted or transferred drug and the name, address, and phone number of the donor, individual donor, or transferring entity. No other record of donation is required.
(5) A donation recipient shall ensure that donated medicine is identified
physically or electronically as separate from regular stock.
(6) Notwithstanding any other law to the contrary, a donation recipient may:
(a) Transfer donated medicine to another donation recipient or to an entity
participating in a drug donation program operated by another state;
(b) Repackage donated medicine in accordance with subsection (8) of this
section as necessary for storage, dispensing, administration, or transfer; or
(c) If the donation recipient is a prescription drug outlet or other outlet,
replace medicine of the same drug name and strength previously dispensed or administered to eligible patients in accordance with 42 U.S.C. sec. 256b, as amended.
(7) (a) Donated medicine that does not meet the requirements specified in
this section and the rules adopted by the board must be disposed of by:
(I) Returning the donated medicine to the donor;
(II) Destroying the donated medicine through an incinerator, a medical waste
hauler, a reverse distributor, or other lawful method; or
(III) Transferring the donated medicine to a returns processor.
(b) A donation recipient shall maintain a written or an electronic record of
disposed medicine consisting of the disposal method, as described in subsection (7)(a) of this section; the date of disposal; and the name, strength, and quantity of each disposed drug. No other record of disposal is required.
(8) Repackaged medicine must be labeled with the drug name, strength, and
expiration date, if the expiration date is known, and identified separately from regular stock until inspected and initialed by a licensed pharmacist. If multiple packaged, donated medicines with varied expiration dates are repackaged together, the earliest expiration date must be used. Prescription drugs specified by NDC number in a recall notice must be considered recalled unless the prescription drug has an affixed lot number that excludes it from the recall.
(9) A donation recipient shall only administer or redispense medicine that:
(a) Is in unopened, tamper-evident packaging or has been repackaged under
this program;
(b) Meets the requirements set forth in this section based on an inspection
by a licensed pharmacist;
(c) If dispensed to an eligible patient, is repackaged by a licensed pharmacist
into a new container or, if kept in the donated container, is in a container that has all previous patient information redacted or removed;
(d) Is properly labeled in accordance with the rules adopted by the board;
(e) Has an expiration or beyond-use date that will not expire before the
medicine is used by the eligible patient based on the prescriber's directions for use; and
(f) If the medicine requires refrigeration, freezing, or special storage, has
been continually maintained by the donor pursuant to the manufacturer's storage requirements, so long as the cold chain can be verified.
(10) A donation recipient:
(a) May dispense or administer prescription drugs to an eligible patient
pursuant to this section only if otherwise permitted by law pursuant to a valid prescription or prescription drug order; and
(b) Shall maintain eligible patient-specific written or electronic records in
accordance with rules adopted by the board.
(11) A manufacturer, prescription drug outlet, repackager, dispenser, or
wholesaler, other than a returns processor, participating in the program shall comply with the requirements of 21 U.S.C. secs. 360eee-1 to 360eee-4 relating to drug supply chain security.
(12) The donation, transfer, or receipt of medicine or the facilitation of a
donation, transfer, or receipt of medicine pursuant to this section is not wholesale distribution and does not require licensing as a wholesale distributor.
(13) Medicine donated to the program must not be resold and is considered
nonsaleable; except that handling, dispensing, or usual and customary charges to an eligible patient, health plan, pharmacy benefit manager, pharmacy services administrative organization, government agency, or other entity is not considered reselling. If the donation recipient is a for-profit entity, these charges must not exceed the donation recipient's cost of providing the medicine, including the current and anticipated costs of educating eligible donors and individual donors, providing technical support to participating donors and individual donors, shipping and handling, labor, storage, licensing, utilities, advertising, technology, supplies, and equipment. Except as described in this subsection (13), the amount of these charges is not subject to any additional limitations.
(14) When performing any action associated with the program or otherwise
processing donated medicine for tax, a manufacturer credit, or other credit, a donation recipient is considered to be acting as a returns processor and shall comply with all record-keeping requirements under federal law for nonsaleable returns.
(15) All required records must be retained in physical or electronic format, on
or off the donation recipient's premises, for a period of two years. Donors or donation recipients may contract with one another or with a third party to create or maintain records. An identifier, such as a serial number or bar code, may be used in place of information if it allows for the information to be readily retrievable. Upon request by a state or federal regulator, the identifier used for a requested record must be replaced with the original information. An identifier must not be used on labels when dispensing or administering a drug to an eligible patient.
(16) A donation or other transfer of possession or control is not a change of
ownership unless it is specified as such by the donation recipient. If a record of the donation's transaction information or history is required, the history must begin with the donor or individual donor, must include all prior donations, and, if the medicine was previously dispensed, must include only drug information that is required to be on the patient label in accordance with rules adopted by the board.
(17) An entity participating in a drug donation or repository program
operated by another state may participate in the program and, if the registered entity is a prescription drug outlet, may dispense donated drugs to eligible patients of this state. The registered entity is required to comply with all statutes and rules in this state unless the statutes or rules differ from or conflict with the statutes or rules of the state in which the entity is located.
(18) The board shall adopt any rules necessary to implement this section. The
rules must require the least amount of record keeping necessary to ensure patient safety and must allow flexibility in the format for record keeping.
(19) Notwithstanding any law to the contrary, this section controls all
activities under the program and supersedes any inconsistent law or rule.
(20) When acting in good faith, without negligence or willful or wanton
misconduct, the following individuals or entities are not subject to civil or criminal liability or professional disciplinary action:
(a) An individual or entity involved in the supply chain of donated medicine,
including the donor, the individual donor, the donation recipient, the manufacturer, the repackager, the prescription drug outlet or other entity regulated by the board, and the eligible patient;
(b) An individual or entity, including an employee, an officer, a volunteer, an
owner, a partner, a member, a director, a contractor, or other individual or entity associated with the individual or entity that, in compliance with this section, prescribes, donates, receives donations of, dispenses, administers, transfers, replaces, or repackages medicine or facilitates any of the actions described in this section; and
(c) The board.
(21) Notwithstanding subsection (20) of this section, a manufacturer of a
prescription drug that is subject to risk evaluation and mitigation strategies (REMS) is not subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a REMS drug manufactured by the drug manufacturer that is donated by any person pursuant to the program, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.
(22) A donation recipient operating primarily for the purpose of participating
in this program shall not be required to possess a comprehensive or minimum supply of medicine.
Source: L. 2025: Entire section added, (SB 25-289), ch. 273, p. 1414, � 2,
effective August 6.
C.R.S. § 12-280-139
12-280-139. Insulin affordability program - record keeping - reimbursement - penalty - definitions. (1) As used in this section and section 12-280-140, unless the context otherwise requires:
(a) Consumer price index means the United States department of labor's
bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.
(b) Repealed.
(c) Manufacturer means a person:
(I) Engaged in the manufacturing of insulin that is self-administered on an
outpatient basis and is available for purchase by residents of this state; and
(II) That has annual gross revenue of more than two million dollars from the
sale of insulin in this state.
(d) Pharmacy means a pharmacy outlet registered pursuant to this article
280 where prescriptions are compounded and dispensed.
(e) Program means the insulin affordability program created in subsection
(2) of this section.
(f) (I) Wholesale acquisition cost means a manufacturer's list price for
insulin to wholesalers or direct purchasers in the United States for the most recent month for which the information is reported in wholesale price guides or other publications of drug or biological pricing data.
(II) Wholesale acquisition cost does not include prompt pay or other
discounts, rebates, or reductions in price.
(2) Effective January 1, 2022, the insulin affordability program is hereby
created to provide low-cost insulin to eligible individuals. By January 1, 2022, each manufacturer shall establish procedures to make insulin available in accordance with this section to eligible individuals who need access to an affordable insulin supply.
(3) To be eligible to receive insulin under the program, an individual must:
(a) Be a resident of Colorado;
(b) Not be eligible for or enrolled in assistance provided through the
Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, or the federal Health Insurance for the Aged Act, Title XVIII of the federal Social Security Act, 42 U.S.C. sec. 1395 et seq., as amended;
(c) Have a valid insulin prescription or be eligible for an emergency supply as
provided in section 12-280-125.5; and
(d) Not be enrolled in prescription drug coverage that limits the total amount
of cost sharing that the enrollee is required to pay for a thirty-day supply of insulin to one hundred dollars as described in section 10-16-151.
(4) (a) The board shall develop an application form to be used by an
individual who is seeking insulin under the program. The application form must require the individual to show proof that the individual meets the requirements of subsection (3) of this section.
(b) The board shall make the application form available on its website. The
board shall also make the application form available to pharmacies, health-care providers, and health facilities that prescribe or dispense insulin.
(5) To access insulin through the program, an individual must present, at a
pharmacy, a completed, signed, and dated application form with proof of the individual's Colorado residency. If the individual is under eighteen years of age, the individual's parent or legal guardian may provide the pharmacist with proof of residency.
(6) (a) Upon receipt of an individual's completed, signed, and dated
application form demonstrating that the individual is eligible pursuant to subsection (3) of this section and the individual's proof of residency, a pharmacist shall dispense the prescribed insulin in an amount that will provide the individual with a thirty-day supply. An individual who is eligible to receive insulin pursuant to this section may receive the insulin for twelve months.
(b) The pharmacist is encouraged to inform the individual that they may be
eligible for the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, or an affordable insurance product on the state-based marketplace.
(c) The pharmacist is encouraged to notify the individual of any
manufacturer-sponsored programs that assist individuals who cannot afford their prescription insulin.
(d) The pharmacist shall retain a copy of the application form submitted by
the individual for two years after the date the insulin was initially dispensed.
(7) A pharmacy that dispenses insulin pursuant to subsection (6)(a) of this
section may collect a copayment from the individual to cover the pharmacy's costs of processing and dispensing the insulin in an amount not to exceed fifty dollars for each thirty-day supply of insulin dispensed.
(8) (a) Except as provided in subsection (8)(d) of this section, unless the
manufacturer agrees to send to the pharmacy a replacement supply of the same insulin dispensed in the amount dispensed through the program, the pharmacy may submit to the manufacturer of the dispensed insulin, directly or through the manufacturer's delegated representative, subcontractor, or other vendor, an electronic claim for payment that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing.
(b) By January 1, 2022, each manufacturer shall develop a process for a
pharmacy to submit an electronic claim for reimbursement as provided in subsection (8)(a) of this section.
(c) If the pharmacy submits an electronic claim to the manufacturer pursuant
to subsection (8)(a) of this section, the manufacturer or the manufacturer's delegated representative, subcontractor, or other vendor shall, within thirty days after receipt of the claim, either:
(I) Reimburse the pharmacy in an amount that covers the difference between
the pharmacy's wholesale acquisition cost for the insulin dispensed through the program and the amount the individual paid for the insulin pursuant to subsection (7) of this section; or
(II) Send the pharmacy a replacement supply of the same insulin in an
amount equal to or greater than the amount that covers the difference between the pharmacy's wholesale acquisition cost for the insulin dispensed through the program and the amount the individual paid for the insulin pursuant to subsection (7) of this section.
(d) A pharmacy shall not submit a claim for payment for insulin with a
wholesale acquisition cost of eight dollars or less per milliliter, adjusted annually based on the annual percentage change in the consumer price index.
(9) The board shall promote the availability of the program to Coloradans.
The promotional material must include information about each manufacturer's consumer insulin programs. The board may seek and accept gifts, grants, and donations to fulfill the requirements of this subsection (9).
(10) A manufacturer's reimbursement pursuant to subsection (8)(b) of this
section is not a kickback.
(11) (a) A manufacturer that fails to comply with the requirements of this
section:
(I) Is subject to a fine in an amount and frequency that is equal to the amount
and frequency of the fine permitted under the Colorado Consumer Protection Act, part 1 of article 1 of title 6; and
(II) Engages in a deceptive trade practice under section 6-1-105 (1)(ffff).
(b) The attorney general is authorized to enforce this section.
Source: L. 2021: Entire section added, (HB 21-1307), ch. 437, p. 2894, � 3,
effective September 7. L. 2024: (1)(b) repealed and (4), (9), and (11) amended, (HB 24-1438), ch. 351, p. 2394, � 2, effective June 3.
Cross references: For the legislative declaration in HB 21-1307, see section 1
of chapter 437, Session Laws of Colorado 2021.
C.R.S. § 12-280-140
12-280-140. Emergency prescription insulin supply - eligibility - record keeping - penalty. (1) (a) Effective January 1, 2022, an individual who meets the requirements of subsection (2) of this section may receive one emergency thirty-day supply of prescription insulin within a twelve-month period. The pharmacy may charge the individual an amount not to exceed thirty-five dollars for the thirty-day supply.
(b) By January 1, 2022, each manufacturer shall establish procedures to
make insulin available in accordance with this section to eligible individuals who need access to an emergency prescription insulin supply.
(2) To be eligible for an emergency prescription insulin supply, an individual
must:
(a) Have a valid prescription for insulin or be eligible for an emergency
supply as provided in section 12-280-125.5;
(b) Have less than a seven-day supply of insulin available;
(c) Be required to pay more than one hundred dollars out of pocket each
month for the individual's insulin; and
(d) Be a resident of Colorado.
(3) (a) The board shall create and make available to the public an application
form for individuals seeking an emergency prescription insulin supply pursuant to this section.
(b) At a minimum, the application form must require the individual to show
proof that the individual meets the requirements of subsection (2) of this section.
(c) Each pharmacy in the state shall make the application form available at
the pharmacy.
(4) (a) Upon receipt of an individual's completed application form
demonstrating that the individual is eligible pursuant to subsection (2) of this section and the individual's proof of residency, a pharmacist shall dispense the prescribed insulin in an amount that will provide the individual with a thirty-day supply.
(b) If the individual is under eighteen years of age, the individual's parent or
legal guardian may provide the pharmacist with proof of residency.
(5) Each pharmacy shall keep the application form for each individual who
receives an emergency prescription insulin supply pursuant to this section for two years following the date on which the insulin was dispensed.
(6) (a) Except as provided in subsection (6)(d) of this section, unless the
manufacturer agrees to send to the pharmacy a replacement supply of the same insulin dispensed in the amount dispensed through the program, the pharmacy may submit to the manufacturer of the dispensed insulin, directly or through the manufacturer's delegated representative, subcontractor, or other vendor, an electronic claim for payment that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing.
(b) By January 1, 2022, each manufacturer shall develop a process for a
pharmacy to submit an electronic claim for reimbursement as provided in subsection (6)(a) of this section.
(c) If the pharmacy submits an electronic claim to the manufacturer pursuant
to subsection (6)(a) of this section, the manufacturer or the manufacturer's delegated representative, subcontractor, or other vendor shall, within thirty days after receipt of the claim, either:
(I) Reimburse the pharmacy in an amount that covers the pharmacy's
wholesale acquisition cost for the insulin dispensed pursuant to this section; or
(II) Send the pharmacy a replacement supply of the same insulin in an
amount equal to or greater than the amount that covers the pharmacy's wholesale acquisition cost for the insulin dispensed pursuant to this section.
(d) A pharmacy shall not submit a claim for payment for insulin with a
wholesale acquisition cost of eight dollars or less per milliliter, adjusted annually based on the annual percentage change in the consumer price index.
(7) The board shall promote the availability of the emergency prescription
insulin supply to Coloradans. The promotional material must include information about each manufacturer's consumer insulin programs. The board may seek and accept gifts, grants, and donations to fulfill the requirements of this subsection (7).
(8) A manufacturer's reimbursement pursuant to subsection (6)(b) of this
section is not a kickback.
(9) (a) A manufacturer that fails to comply with the requirements of this
section:
(I) Is subject to a fine in an amount and frequency that is equal to the amount
and frequency of the fine permitted under the Colorado Consumer Protection Act, part 1 of article 1 of title 6; and
(II) Engages in a deceptive trade practice under section 6-1-105 (1)(ffff).
(b) The attorney general is authorized to enforce this section.
Source: L. 2021: Entire section added, (HB 21-1307), ch. 437, p. 2897, � 3,
effective September 7. L. 2024: (3)(a), (7), and (9) amended, (HB 24-1438), ch. 351, p. 2395, � 3, effective June 3.
Cross references: (1) For definitions applicable to this section, see � 12-280-139.
(2) For the legislative declaration in HB 21-1307, see section 1 of chapter
437, Session Laws of Colorado 2021.
C.R.S. § 12-280-142
12-280-142. Epinephrine auto-injector affordability program - record keeping - reimbursement - penalty - definitions. (1) As used in this section:
(a) Consumer price index means the United States department of labor's
bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.
(b) Repealed.
(c) Epinephrine auto-injector means an automatic injection device for
injecting a measured dose of epinephrine based on the weight of the person who is to receive the injection.
(d) Manufacturer means a person engaged in manufacturing epinephrine
auto-injectors that are available for purchase in this state.
(e) Pharmacy means a pharmacy outlet registered pursuant to this article
280 where prescriptions are compounded and dispensed.
(f) Program means the epinephrine auto-injector affordability program
created in subsection (2) of this section.
(g) Proof of residency means a current and valid document that is in
English, or is translated into English and is unaltered, and that includes the individual's, or in the case of a minor, the minor's parent's or guardian's, printed name and Colorado residential address. Documents that may be used for proof of residency are:
(I) A Colorado-issued driver's license or Colorado identification card;
(II) A printed bill, including a utility, telephone, internet, cable, insurance,
mortgage, rent, waste disposal, water or sewer, medical, or other bill;
(III) A credit card or bank statement;
(IV) A pay stub or earnings statement;
(V) A piece of post-marked first-class mail or United States postal service
change of address confirmation;
(VI) A printed rent receipt or residential lease;
(VII) A transcript or report card from an accredited school;
(VIII) A vehicle title or registration;
(IX) An insurance policy;
(X) A government-issued letter or state or federal government-issued check;
or
(XI) A record of medical service from a shelter, treatment facility, or assisted
living facility, including a homeless shelter, women's shelter, other nonprofit shelter, halfway house, nursing home, or rehabilitation facility.
(2) Effective January 1, 2024, the epinephrine auto-injector affordability
program is created to provide low-cost epinephrine auto-injectors to eligible individuals. By January 1, 2024, each manufacturer shall establish procedures to and shall make epinephrine auto-injectors available in accordance with this section to eligible individuals who hold a valid prescription for epinephrine auto-injectors.
(3) To be eligible to receive epinephrine auto-injectors through the program,
an individual must:
(a) Demonstrate proof of residency in Colorado;
(b) Not be eligible for assistance provided through the Colorado Medical
Assistance Act, articles 4 to 6 of title 25.5, or the federal Health Insurance for the Aged Act, Title XVIII of the federal Social Security Act, 42 U.S.C. sec. 1395 et seq., as amended;
(c) Have a valid epinephrine auto-injector prescription; and
(d) Not be enrolled in prescription drug coverage that limits the total amount
of cost sharing that the enrollee is required to pay for a covered prescription to not more than sixty dollars for a two-pack of epinephrine auto-injectors, regardless of the amount or type of epinephrine needed to fill the prescription.
(4) (a) The board shall develop an epinephrine auto-injector affordability
program application form to be used by an individual who is seeking epinephrine auto-injectors through the program. All manufacturers subject to this section shall participate in the program. The application form must be available to individuals, pharmacies, health-care providers, and health facilities through the board's website and must be accessible through a quick response (QR) code or other machine-readable code. Within a reasonable period of time after the publication of the program website, all manufacturers required to participate in the program shall include a link to the program website on the manufacturer's consumer epinephrine auto-injector program website. At a minimum, the application form must:
(I) Provide information related to program eligibility and coverage in English,
in Spanish, and in each language spoken by at least two and one-half percent of the population of any county in which such population speaks English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and speaks a shared minority language at home;
(II) Require the individual to attest that the individual meets the
requirements of subsection (3) of this section; and
(III) Include the information required for a pharmacy to successfully submit,
pursuant to subsection (8) of this section, an electronic claim for reimbursement that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing for the cost to dispense the epinephrine auto-injectors, above any required cost sharing by the individual and adjudicated at the point of sale.
(b) The board shall supply pharmacies with information about the program to
provide to individuals who are seeking access to the program. The information must contain a quick response (QR) code or other machine-readable code that an individual may use to access the program application and include information on how to submit a program application.
(5) To access epinephrine auto-injectors through the program, an individual
must present, at a pharmacy, a completed, signed, and dated application form with proof of residency. If the individual is under eighteen years of age, the individual's parent or legal guardian may provide the pharmacist with proof of residency.
(6) (a) Upon receipt of an individual's proof of residency and completed,
signed, and dated application form demonstrating that the individual is eligible pursuant to subsection (3) of this section, a pharmacist shall dispense the prescribed epinephrine auto-injectors. An individual who is eligible to receive epinephrine auto-injectors through the program may receive epinephrine auto-injectors as prescribed for twelve months.
(b) The pharmacist is encouraged to inform the individual:
(I) That the individual may be eligible for medical assistance programs
pursuant to the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, or an affordable insurance product on the health benefit exchange created in section 10-22-104; and
(II) Of any manufacturer-sponsored programs that assist individuals who
cannot afford their prescription epinephrine auto-injectors and provide the individual with the information described in subsection (4)(b) of this section about the program.
(c) The pharmacist shall retain a copy of the application form submitted by
the individual for two years after the date the epinephrine auto-injector was initially dispensed.
(7) A pharmacy that dispenses epinephrine auto-injectors pursuant to
subsection (6)(a) of this section may collect a copayment from the individual to cover the pharmacy's costs of processing and dispensing the epinephrine auto-injector, which copayment amount must not exceed sixty dollars for each two-pack of epinephrine auto-injectors that the pharmacy dispenses to the individual.
(8) (a) Except as provided in subsection (8)(c) of this section, unless the
manufacturer agrees to send to the pharmacy a replacement supply of the same number of epinephrine auto-injectors dispensed through the program, the pharmacy may submit to the manufacturer of the dispensed epinephrine auto-injectors, directly or through the manufacturer's delegated representative, subcontractor, or other vendor, an electronic claim for payment that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing.
(b) By January 1, 2024, each manufacturer shall develop a process for a
pharmacy to submit an electronic claim for reimbursement, including an accessible online application for reimbursement claims from pharmacies under the program, as provided in subsection (8)(a) of this section.
(c) If the pharmacy submits an electronic claim to the manufacturer pursuant
to subsection (8)(a) of this section, the manufacturer or the manufacturer's delegated representative, subcontractor, or other vendor shall, within thirty days after receipt of the claim, either:
(I) Reimburse the pharmacy in an amount that the pharmacy paid for the
number of epinephrine auto-injectors dispensed through the program; or
(II) Send the pharmacy a replacement supply of epinephrine auto-injectors in
an amount equal to the number of epinephrine auto-injectors dispensed through the program pursuant to subsection (6)(a) of this section.
(9) The board shall promote the availability of the program to Coloradans.
The promotional material must include information about each manufacturer's consumer epinephrine auto-injector program, as applicable. The board may seek and accept gifts, grants, and donations to fulfill the requirements of this subsection (9).
(10) A manufacturer's reimbursement pursuant to subsection (8)(c) of this
section is not a kickback.
(11) (a) A manufacturer that fails to comply with the requirements of this
section:
(I) Is subject to a fine in an amount and frequency that is equal to the amount
and frequency of the fine permitted under the Colorado Consumer Protection Act, part 1 of article 1 of title 6; and
(II) Engages in a deceptive trade practice under section 6-1-105 (1)(zzz).
(b) The attorney general is authorized to enforce this section.
Source: L. 2023: Entire section added, (HB 23-1002), ch. 447, p. 2631, � 3,
effective August 7. L. 2024: (1)(b) repealed and (4), (6)(b)(II), (9), and (11) amended, (HB 24-1438), ch. 351, p. 2396, � 4, effective June 3.
Cross references: For the legislative declaration in HB 23-1002, see section 1
of chapter 447, Session Laws of Colorado 2023.
C.R.S. § 12-30-102
12-30-102. Medical transparency act of 2010 - disclosure of information about health-care providers - fines - rules - short title - legislative declaration - review of functions - definitions - repeal. (1) The short title of this section is the Michael Skolnik Medical Transparency Act of 2010.
(2) (a) The general assembly hereby finds and determines that:
(I) The people of Colorado need to be fully informed about the past practices
of persons practicing a health-care profession in this state in order to make informed decisions when choosing a health-care provider and determining whether to proceed with a particular regimen of care recommended by a health-care provider;
(II) The purpose of this section is to provide transparency to the public
regarding the competency of persons engaged in the practice of certain health-care professions in this state to assist citizens in making informed health-care decisions.
(b) The general assembly further finds and declares that it is important to
make information about persons engaged in the practice of a health-care profession available to the public in a manner that is efficient, cost-effective, and maintains the integrity of the information, and to that end, the general assembly encourages persons to file the required information with the division electronically, to the extent possible.
(3) (a) As used in this section, applicant means a person applying for a new,
active license, certification, or registration or to renew, reinstate, or reactivate an active license, certification, or registration to practice:
(I) Audiology pursuant to article 210 of this title 12;
(II) As a licensed hearing aid provider pursuant to part 2 of article 230 of this
title 12;
(III) Acupuncture pursuant to article 200 of this title 12;
(IV) Podiatry pursuant to article 290 of this title 12;
(V) Chiropractic pursuant to article 215 of this title 12;
(VI) Dentistry pursuant to article 220 of this title 12;
(VII) Dental therapy or dental hygiene pursuant to article 220 of this title 12;
(VIII) Medicine pursuant to article 240 of this title 12 or part 36 of article 60
of title 24;
(IX) As a physician assistant or an anesthesiologist assistant pursuant to
article 240 of this title 12;
(X) Direct-entry midwifery pursuant to article 225 of this title 12;
(XI) Practical nursing, professional nursing, advanced practice registered
nursing, or as a certified midwife pursuant to article 255 of this title 12;
(XII) Optometry pursuant to article 275 of this title 12;
(XIII) Physical therapy pursuant to article 285 of this title 12;
(XIV) Psychology pursuant to part 3 of article 245 of this title 12;
(XV) Social work pursuant to part 4 of article 245 of this title 12;
(XVI) Marriage and family therapy pursuant to part 5 of article 245 of this
title 12;
(XVII) Professional counseling pursuant to part 6 of article 245 of this title
12;
(XVIII) Psychotherapy pursuant to part 7 of article 245 of this title 12;
(XIX) Addiction counseling pursuant to part 8 of article 245 of this title 12;
(XX) Speech-language pathology pursuant to article 305 of this title 12;
(XXI) Athletic training pursuant to article 205 of this title 12;
(XXII) Massage therapy pursuant to article 235 of this title 12;
(XXIII) As a certified nurse aide pursuant to article 255 of this title 12;
(XXIV) Occupational therapy pursuant to article 270 of this title 12;
(XXV) Respiratory therapy pursuant to article 300 of this title 12;
(XXVI) Pharmacy pursuant to article 280 of this title 12;
(XXVII) As a psychiatric technician pursuant to article 295 of this title 12;
(XXVIII) As a surgical assistant or surgical technologist pursuant to article
310 of this title 12; and
(XXIX) Naturopathic medicine pursuant to article 250 of this title 12.
(b) A person who is an applicant under this subsection (3) is not, by virtue of
inclusion in this section, a health-care provider for purposes of any other provision of Colorado law.
(4) When applying for a new license, certification, or registration or to renew,
reinstate, or reactivate a license, certification, or registration in this state, each applicant shall provide the following information to the director, in a form and manner determined by the director, as applicable to each profession:
(a) (I) The applicant's full name, including any known aliases;
(II) The applicant's current address of record and telephone number;
(III) The applicant's location of practice, if different than the address of
record;
(IV) The applicant's education and training related to the applicant's
profession;
(V) Information pertaining to any license, certification, or registration to
practice in the profession for which the applicant seeks licensure, certification, or registration, issued or held during the immediately preceding ten years, including the license, certification, or registration status and year of issuance;
(VI) Any board certifications and specialties, if applicable;
(VII) Any affiliations with or clinical privileges held in hospitals or health-care
facilities;
(VIII) Any health-care-related business ownership interests;
(IX) Information pertaining to the applicant's employer, if any, including
name, current address, and telephone number; and
(X) Information pertaining to any health-care-related employment contracts
or contracts establishing an independent contractor relationship with any entities if the annual aggregate value of the contracts exceeds five thousand dollars, as adjusted by the director during each license, certification, or registration renewal cycle to reflect changes in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. Nothing in this subsection (4)(a)(X) requires an applicant to report such information regarding contracts with insurance carriers for reimbursement of health-care services provided to patients.
(b) Any public disciplinary action taken against the applicant by the
applicable regulator or the board or licensing agency of any other state or country. The applicant shall provide a copy of the action to the director at the time the application is made.
(c) Any agreement or stipulation entered into between the applicant and the
regulator or the board or licensing agency of any other state or country whereby the applicant agrees to temporarily cease or restrict the applicant's practice, or any regulator's order restricting or suspending the applicant's license, certification, or registration. The applicant shall provide a copy of the agreement, stipulation, or order to the director at the time the application is made.
(d) (I) Any final action that results in an involuntary limitation or probationary
status on, or a reduction, nonrenewal, denial, revocation, or suspension of, the applicant's medical staff membership or clinical privileges at any hospital or health-care facility occurring on or after September 1, 1990. The applicant shall not be required to report a precautionary or administrative suspension of medical staff membership or clinical privileges, as defined by the director by rule, unless the applicant resigns the applicant's medical staff membership or clinical privileges while the precautionary or administrative suspension is pending. To report the information required by this subsection (4)(d), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action:
(A) The name of the facility or entity that took the action;
(B) The date the action was taken;
(C) The type of action taken, including any terms and conditions of the
action;
(D) The duration of the action; and
(E) Whether the applicant has fulfilled the terms or conditions of the action,
if applicable.
(II) Notwithstanding part 2 of this article 30, article 3 of title 25, and any
provision of law to the contrary, the form completed by the applicant pursuant to this subsection (4)(d) is a public record and is not confidential. Compliance with this subsection (4)(d) does not constitute a waiver of any privilege or confidentiality conferred by any applicable state or federal law.
(e) Any final action of an employer that results in the applicant's loss of
employment where the grounds for termination constitute a violation of the laws governing the applicant's practice. To report the information required by this subsection (4)(e), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the action:
(I) The name of the employer that terminated the employment; and
(II) The date the termination occurred or became effective.
(f) Any involuntary surrender of the applicant's federal drug enforcement
administration registration. The applicant shall provide a copy of the order requiring the surrender of the registration to the director at the time the application is made.
(g) Any final criminal conviction or plea arrangement resulting from the
commission or alleged commission of a felony or crime of moral turpitude in any jurisdiction at any time after the applicant has been issued a license, certification, or registration to practice the applicant's health-care profession in any state or country. The applicant shall provide a copy of the final conviction or plea arrangement to the director at the time the application is made.
(h) Any final judgment against, settlement entered into by, or arbitration
award paid on behalf of the applicant on or after September 1, 1990, for malpractice. To report the information required by this subsection (4)(h), the applicant shall complete a form developed by the director that requires the applicant to report only the following information regarding the malpractice action:
(I) Whether the action was resolved by a final judgment against, settlement
entered into by, or arbitration award paid on behalf of the applicant;
(II) The date of the judgment, settlement, or arbitration award;
(III) The location or jurisdiction in which the action occurred or was resolved;
and
(IV) The court in which the final judgment was ordered, the mediator that
aided in the settlement, if applicable, or the arbitrator that granted the arbitration award.
(i) Any refusal by an issuer of professional liability insurance to issue a policy
to the applicant due to past claims experience. The applicant shall provide a copy of the refusal to the director at the time the application is made.
(5) In addition to the information required by subsection (4) of this section,
an applicant may submit information regarding awards and recognitions the applicant has received or charity care the applicant has provided. The director may remove information regarding awards and recognitions that the director finds to be unrelated to the applicant's profession or offensive or inappropriate.
(6) The director shall make the information specified in subsections (4) and
(5) of this section that is submitted by an applicant readily available to the public in a manner that allows the public to search the information by name, license number, board certification or specialty area, if applicable, or city of the applicant's address of record. The director may satisfy this requirement by posting and allowing the ability to search the information on the director's website or on the website for the applicable regulator that oversees the applicant's practice. If the information is made available on either website, the director shall ensure that the website is updated at least monthly and that the date on which the update occurs is indicated on the website. If the information made available pursuant to this subsection (6) is the same or substantially similar to information the director must make available pursuant to section 12-310-103 (3), the director may elect to use this database as the exclusive means for making the information required by section 12-310-103 (3) publicly available.
(7) When disclosing information regarding an applicant to the public, the
applicable regulator shall include the following statement or a similar statement that communicates the same meaning:
Some studies have shown that there is no significant correlation between malpractice history and a [insert applicable type of health-care provider]'s competence. At the same time, the [insert name of applicable regulator] believes that consumers should have access to malpractice information. To make the best health-care decisions, you should view this information in perspective. You could miss an opportunity for high-quality care by selecting a health-care provider based solely on malpractice history. When considering malpractice data, please keep in mind:
Malpractice histories tend to vary by profession and, as applicable, by specialty. Some professions or specialties are more likely than others to be the subject of litigation.
You should take into account how long the health-care provider has been in practice when considering malpractice averages.
The incident causing the malpractice claim may have happened years before a malpractice action is finally resolved. Sometimes, it takes a long time for a malpractice lawsuit to move through the legal system.
Some health-care providers work primarily with high-risk patients. These health-care providers may have malpractice histories that are higher than average because they specialize in cases or patients who are at very high risk for problems.
Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the health-care provider. A payment in settlement of a malpractice action or claim should not be construed as creating a presumption that malpractice has occurred.
You may wish to discuss information provided by the [insert name of applicable regulator], and malpractice generally, with your health-care provider.
The information posted on the [applicable regulator's] website was provided by applicants for a license and applicants for renewal, reinstatement, or reactivation of a license.
(8) (a) Except as specified in subsection (8)(b) of this section, an applicant,
licensee, certificate holder, or registrant shall ensure that the information required by subsection (4) of this section is current and shall report any updated information and provide copies of the required documentation to the director within thirty days after the date of the action described in said subsection (4) or as otherwise provided in the part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession to ensure that the information provided to the public is as accurate as possible.
(b) An applicant shall report updated information regarding the applicant's
employer, any health-care-related business ownership interests, and any health-care-related employment contracts or contracts establishing an independent contractor relationship, as required by subsection (4)(a) of this section, within one year after a change in that information.
(8.5) Point-of-service disclosure requirements - definitions. (a) As used in
this subsection (8.5), unless the context otherwise requires:
(I) Advertisement means any communication or statement used in the
course of business, whether printed, electronic, or verbal, that names a health-care practitioner in relation to the practice, profession, or institution in which the practitioner is employed, volunteers, or otherwise provides health-care services. Advertisement includes business cards, letterhead, patient brochures, signage, email, internet advertising, audio and video, and any other communication or statement used in the course of business.
(II) Deceptive or misleading means any advertisement or affirmative
communication or representation that misstates, falsely describes, falsely represents, or falsely details a health-care practitioner's profession, occupation, skills, training, expertise, education, board certification, or credential.
(III) Health-care practitioner or practitioner means an individual who
practices a profession or occupation specified in subsection (3)(a) of this section.
(b) On and after June 1, 2026, an advertisement for health-care services that
identifies a health-care practitioner by name must identify the type of state-issued license, certificate, or registration held by the practitioner. The advertisement must not include any deceptive or misleading information.
(c) (I) Except as provided in this subsection (8.5)(c)(I) and subsection (8.5)(e)
of this section, on and after June 1, 2026, a health-care practitioner shall affirmatively display an identification name tag or similar worn display of a sufficient size that is worn in a conspicuous manner so as to be visible and apparent during patient encounters. A health-care practitioner at a facility that follows the Joint Commission on Accreditation of Healthcare Organizations standards, or those of an alternative facility accrediting organization with substantially similar standards, satisfies the requirements of this subsection (8.5)(c)(I).
(II) The identification requirements of subsection (8.5)(c)(I) of this section
only apply to health-care practitioners providing services in a general hospital licensed or certified by the department of public health and environment pursuant to section 25-1.5-103 (1)(a), an urgent care center, an ambulatory surgical center licensed pursuant to part 1 of article 3 of title 25, or a freestanding emergency department, as defined in section 25-1.5-114.
(d) When establishing a practitioner-patient relationship, to facilitate patient
understanding, unless emergent circumstances make it impracticable, a health-care practitioner, on first encounter with the patient, shall verbally communicate to the patient the practitioner's state-issued license, certificate, or registration or shall verbally identify themselves by a title or abbreviation authorized in statute for the practitioner.
(e) The name of a health-care practitioner may be concealed or omitted
when the practitioner is concerned for their safety, when wearing identification would jeopardize the practitioner's safety, or when the practitioner is delivering direct care to a patient who exhibits signs of irrationality or violence.
(f) Notwithstanding any provision of this subsection (8.5) to the contrary, a
practitioner may use supplemental descriptors or titles, so long as:
(I) The practitioner clearly identifies in the same advertisement or encounter
the specific state-issued license, certificate, or registration held, or, for a verbal first encounter with a patient, the specific license, certificate, or registration held, or uses an abbreviation authorized in statute; and
(II) Any supplemental descriptor or title used accurately reflects the
practitioner's scope of practice, field of specialization, or nationally recognized terminology associated with the practitioner's professional role.
(g) This subsection (8.5) does not apply:
(I) To a health-care practitioner who works in a non-patient-care setting or
who does not have any direct patient care interactions; or
(II) When clinically not feasible.
(h) A violation of this subsection (8.5) does not create a private right of
action.
(i) Notwithstanding subsection (9)(a) of this section, the director shall not
impose a fine that exceeds five hundred dollars for a violation of this subsection (8.5). The director is encouraged to consider other corrective action before imposing a fine in the maximum amount.
(9) (a) The director may impose an administrative fine not to exceed five
thousand dollars against an applicant, licensee, certificate holder, or registrant who fails to comply with this section. The director shall notify the applicable regulator when the director imposes a fine pursuant to this subsection (9). Any fine imposed pursuant to this subsection (9) shall be deposited in the general fund.
(b) The imposition of an administrative fine pursuant to this subsection (9)
shall not constitute a disciplinary action pursuant to the laws governing the applicant's, licensee's, certificate holder's, or registrant's practice area and shall not preclude the applicable regulator from taking disciplinary action against an applicant, licensee, certificate holder, or registrant for failure to comply with this section. A license, certification, or registration shall not be issued, renewed, reinstated, or reactivated if the applicant has failed to pay a fine imposed pursuant to this subsection (9).
(c) Failure of an applicant, licensee, certificate holder, or registrant to
comply with this section constitutes unprofessional conduct or grounds for discipline under the specific part or article of this title 12 that regulates the applicant's, licensee's, certificate holder's, or registrant's profession.
(10) Nothing in this section relieves an applicant, licensee, certificate holder,
or registrant from the obligation to report adverse actions to the applicable regulator, as required by the applicable laws in this title 12 regulating that profession.
(11) The director may adopt rules, as necessary, to implement this section.
(12) This section is repealed, effective September 1, 2028. Before the repeal,
the functions of the program under this section are scheduled for review in accordance with section 24-34-104.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
757, � 1, effective October 1. L. 2020: (4)(f) amended, (HB 20-1402), ch. 216, p. 1044, � 19, effective June 30; (3)(a)(XXIII) amended, (HB 20-1183), ch. 157, p. 696, � 37, effective July 1. L. 2021: (12) amended, (SB 21-097), ch. 111, p. 438, � 2, effective September 1. L. 2022: (3)(a)(VII) amended, (SB 22-219), ch. 381, p. 2723, � 30, effective January 1, 2023. L. 2023: (3)(a)(XI) amended, (SB 23-167), ch. 261, p. 1532, � 25, effective May 25. L. 2025: (8.5) added, (SB 25-152), ch. 167, p. 677, � 3, effective August 6.
Editor's note: (1) This section is similar to former � 24-34-110 as it existed
prior to 2019.
(2) Section 4(2) of chapter 167 (SB 25-152), Session Laws of Colorado 2025,
provides that the act changing this section applies to actions taken on or after August 6, 2025.
Cross references: (1) For the legislative declaration in SB 22-219, see section
1 of chapter 381, Session Laws of Colorado 2022.
(2) For the short title (Know Your Health-Care Practitioner Act) and the
legislative declaration in SB 25-152, see sections 1 and 2 of chapter 167, Session Laws of Colorado 2025.
C.R.S. § 12-315-124
12-315-124. Evaluations of licensees - behavioral health - mental health - physical conditions. (1) (a) (I) If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a licensed veterinarian is unable to practice veterinary medicine with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the licensed veterinarian submit to an examination to evaluate:
(A) The existence and extent of the physical condition or the behavioral
health, mental health, or substance use disorder; and
(B) Any impact the physical condition or the behavioral health, mental health,
or substance use disorder has on the licensed veterinarian's ability to practice veterinary medicine with reasonable skill and safety to patients and clients.
(II) A qualified professional employed by or contracting with the veterinary
peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.
(b) If a licensed veterinarian fails to submit to an examination required under
subsection (1)(a) of this section, the board may suspend the licensed veterinarian's license to practice veterinary medicine until the licensed veterinarian submits to the examination; however, if the licensed veterinarian demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the licensed veterinarian's control, the board shall not suspend the licensed veterinarian's license.
(2) Every person licensed to practice veterinary medicine in this state is
deemed, by practicing or applying for a renewal of the person's license, to have:
(a) Given consent to submit to an examination that the board may require
under subsection (1) of this section; and
(b) Waived an objection to the admissibility of the examining professional's
testimony or examination reports at a board hearing on grounds that the testimony or reports are privileged communications.
(3) (a) A person shall not use the results of an examination ordered under
subsection (1) of this section as evidence in any proceeding other than a proceeding before the board.
(b) Except as provided in subsection (3)(a) of this section, any examination
results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential. They are not public records and are not available to the public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
1639, � 1, effective October 1. L. 2022: (1)(a) amended, (HB 22-1235), ch. 442, p. 3110, � 20, effective August 10.
Editor's note: This section is similar to former � 12-64-125 as it existed prior
to 2019.
C.R.S. § 12-315-208
12-315-208. Examination of registrants - behavioral health - mental health - physical conditions. (1) (a) (I) [Editor's note: This version of the introductory portion of subsection (1)(a)(I) is effective until January 1, 2026.] If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a veterinary technician is unable to practice as a veterinary technician with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the veterinary technician submit to an examination to evaluate:
(1) (a) (I) [Editor's note: This version of the introductory portion of subsection
(1)(a)(I) is effective January 1, 2026.] If, upon receipt of a signed complaint by a complainant, the board has reasonable cause to believe that a veterinary technician or veterinary professional associate is unable to practice as a veterinary technician or veterinary professional associate with reasonable skill and safety to patients or clients due to a physical condition or a behavioral health, mental health, or substance use disorder, the board may require in writing that the veterinary technician or veterinary professional associate submit to an examination to evaluate:
(A) The existence and extent of the physical condition or the behavioral
health, mental health, or substance use disorder; and
(B) [Editor's note: This version of subsection (1)(a)(I)(B) is effective until
January 1, 2026.] Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the veterinary technician's ability to practice as a veterinary technician with reasonable skill and safety to patients and clients.
(B) [Editor's note: This version of subsection (1)(a)(I)(B) is effective January 1,
2026.] Any impact the physical condition or the behavioral health, mental health, or substance use disorder has on the veterinary technician's or veterinary professional associate's ability to practice as a veterinary technician or veterinary professional associate with reasonable skill and safety to patients and clients.
(II) A qualified professional employed by or contracting with a veterinary
peer health assistance program that the board has selected as a designated provider under section 12-315-123 shall conduct an examination required by subsection (1)(a)(I) of this section.
(b) [Editor's note: This version of subsection (1)(b) is effective until January 1,
2026.] If a veterinary technician fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the veterinary technician's registration until the veterinary technician submits to the examination; however, if the veterinary technician demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's control, the board shall not suspend the veterinary technician's registration.
(b) [Editor's note: This version of subsection (1)(b) is effective January 1,
2026.] If a veterinary technician or veterinary professional associate fails to submit to an examination required under subsection (1)(a) of this section, the board may suspend the veterinary technician's or veterinary professional associate's registration until the veterinary technician or veterinary professional associate submits to the examination; however, if the veterinary technician or veterinary professional associate demonstrates to the satisfaction of the board that the failure to submit to the examination is due to circumstances beyond the veterinary technician's or veterinary professional associate's control, the board shall not suspend the veterinary technician's or veterinary professional associate's registration.
(2) [Editor's note: This version of the introductory portion of subsection (2) is
effective until January 1, 2026.] Every veterinary technician in this state is deemed, by practicing as a veterinary technician or applying for a renewal of the person's registration, to have:
(2) [Editor's note: This version of the introductory portion of subsection (2) is
effective January 1, 2026.] Every veterinary technician or veterinary professional associate in this state is deemed, by practicing as a veterinary technician or veterinary professional associate or applying for a renewal of the person's registration, to have:
(a) Given consent to submit to an examination that the board may require
under subsection (1)(a) of this section; and
(b) Waived an objection to the admissibility of the examining professional's
testimony or examination reports at a board hearing on grounds that the testimony or reports are privileged communications.
(3) (a) A person shall not use the results of an examination ordered under
subsection (1)(a) of this section as evidence in any proceeding other than a proceeding before the board.
(b) Except as provided in subsection (3)(a) of this section, any examination
results, the fact that the examination was administered, and the complaint that prompted the examination shall be kept confidential, are not public records, and are not available to the public.
Source: L. 2022: Entire part added, (HB 22-1235), ch. 442, p. 3116, � 21,
effective August 10. Initiated 2024: IP(1)(a)(I), (1)(a)(I)(B), (1)(b), and IP(2) amended, Proposition 129, effective January 1, 2026. See L. 2025, p. 3624. L. 2025: IP(1)(a)(I) and (1)(a)(I)(B) amended, (HB 25-1285), ch. 305, p. 1601, � 12, effective January 1, 2026.
Editor's note: Provisions in this section were changed by Proposition 129,
effective January 1, 2026. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024, see L. 2025, p. 3624. The vote count for the measure was as follows:
FOR: 1,572,545
AGAINST: 1,407,814
Cross references: For the legislative declaration in HB 25-1285, see section 1
of chapter 305, Session Laws of Colorado 2025.
C.R.S. § 13-1-124
13-1-124. Jurisdiction of courts. (1) Engaging in any act enumerated in this section by any person, whether or not a resident of the state of Colorado, either in person or by an agent, submits such person and, if a natural person, such person's personal representative to the jurisdiction of the courts of this state concerning any cause of action arising from:
(a) The transaction of any business within this state;
(b) The commission of a tortious act within this state;
(c) The ownership, use, or possession of any real property situated in this
state;
(d) Contracting to insure any person, property, or risk residing or located
within this state at the time of contracting;
(e) The maintenance of a matrimonial domicile within this state with respect
to all issues relating to obligations for support to children and spouse in any action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or support of children if one of the parties of the marriage continues without interruption to be domiciled within the state;
(f) The engaging of sexual intercourse in this state as to an action brought
under article 4 or article 6 of title 19, C.R.S., with respect to a child who may have been conceived by that act of intercourse, as set forth in verified petition; or
(g) The entering into of an agreement pursuant to part 2 or 5 of article 22 of
this title.
Source: L. 65: p. 472, � 1. C.R.S. 1963: � 37-1-26. L. 82: (1)(c) and (1)(d)
amended and (1)(e) added, p. 280, � 1, effective April 2. L. 91: (1)(f) added, p. 248, � 2, effective July 1. L. 93: Entire section amended, p. 359, � 1, effective July 1.
C.R.S. § 13-10-110
13-10-110. Court facilities and supplies. (1) The municipal governing body shall furnish the municipal court with suitable courtroom facilities and sufficient funds for the acquisition of all necessary books, supplies, and furniture for the proper conduct of the business of the court.
(2) In order to carry out the provisions of subsection (1) of this section, the
municipal governing body may locate court facilities outside of the municipality or county in which the municipality is located, if such facilities are in reasonable proximity to the municipality and the governing body determines that suitable facilities cannot be provided within the municipality.
(3) Any two or more governments may cooperate or contract, pursuant to
part 2 of article 1 of title 29, C.R.S., to provide joint court facilities and supplies. Such joint facilities may be located outside of any or all of the cooperating or contracting governments but shall be located within reasonable proximity to each of the cooperating or contracting governments.
(4) Where, pursuant to this section, a municipality locates its court facilities
outside of its boundaries, any reference in this article to the municipality in which the court is located shall mean the municipality creating the municipal court, and any reference in this article to the county in which the municipal court is located shall mean the county in which the municipality creating the court is located.
Source: L. 69: p. 275, � 1. C.R.S. 1963: � 37-22-8. L. 75: Entire section
amended, p. 567, � 1, effective June 13.
C.R.S. § 13-17-304
13-17-304. Limitation on contingent fees - applicability. (1) (a) Except as otherwise provided in subsections (2) and (3) of this section, and notwithstanding any other provision of law, a contingent fee contract between a governmental entity and a private attorney shall:
(I) Require the private attorney to maintain and provide to the governmental
entity on a monthly basis a contemporaneous record of the hours of legal services provided by individual attorneys, the nature of such services, and any court costs incurred during each month and in the aggregate from the effective date of the contingent fee contract;
(II) Require the private attorney, upon the successful resolution of the matter
for which the private attorney was retained, to provide to the governmental entity a statement of the hours of legal services provided by attorneys, the nature of such services, the amount of court costs incurred, the total amount of the contingent fee, and the average hourly rate for legal services provided by attorneys; and
(III) Specify an alternative hourly rate, not to exceed one thousand dollars
per hour, at which the attorney shall be compensated in the event that the statement provided by the attorney indicates an average hourly rate for legal services provided by attorneys of more than one thousand dollars per hour.
(b) The average hourly rate for legal services provided by attorneys shall be
determined by dividing the amount of the contingent fee, less the amount of court costs incurred if said amount is part of the contingent fee, by the number of hours of legal services provided by attorneys. Clerical work, including but not limited to transcription, photocopying, and document filing and organization, shall not be considered legal services provided by attorneys even if an attorney performs such work.
(2) The limitations and requirements of subsection (1) of this section shall not
apply to any contingent fee contract entered into by a governmental entity prior to August 6, 2003.
(3) The limitations and requirements of subsection (1) of this section shall not
apply to any contingent fee contract entered into by a governmental entity if the contract is for legal services performed by an attorney in connection with the collection of debts or taxes owed to a governmental entity and was entered into pursuant to section 23-3.1-104 (1)(f) or (2)(i), 23-5-113 (1), 24-30-202.4, or 39-21-114, C.R.S., or any other statutory provision that expressly authorizes or requires the payment of a portion of the moneys collected to an attorney retained to collect such debts or taxes.
(4) Compliance with this part 3 does not relieve a contracting attorney of any
obligation or legal responsibility imposed by the Colorado rules of professional conduct or any provision of law.
Source: L. 2003: Entire part added, p. 926, � 1, effective August 6.
ARTICLE 17.5
Costs - Attorney Fees -
Inmate Lawsuits
13-17.5-101. Legislative declaration. (1) The general assembly declares that
the state has a strong interest in limiting substantially frivolous, groundless, or vexatious inmate lawsuits that impose an undue burden on the state judicial system. While recognizing an inmate's right to access the courts for relief from unlawful state actions, the general assembly finds that a significant number of inmates file substantially frivolous, groundless, or vexatious lawsuits.
(2) The general assembly, therefore, determines that it is necessary to enact
legislation that promotes efficiency in the disposition of inmate lawsuits by providing for preliminary matters to be determined by magistrates and to provide for sanctions against inmates who are allowed to file claims against public defendants and whose claims are dismissed as frivolous.
Source: L. 95: Entire article added, p. 478, � 1, effective July 1.
13-17.5-102. Definitions. As used in this article only:
(1) Civil action means the filing of a complaint, petition, writ, or motion with
any court within the state, including any appellate court; except that civil action does not include any criminal action or an action for habeas corpus under article 45 of this title.
(1.5) Detaining facility means any state correctional facility, as defined in
section 17-1-102 (1.7), C.R.S., including the youthful offender system, any private correctional facility housing state prisoners pursuant to part 2 of article 1 of title 17, C.R.S., any local jail, as defined in section 16-11-308.5 (1.5), C.R.S., or any community corrections program, established in article 27 of title 17, C.R.S. A detaining facility shall not include any juvenile detention facility that detains only juveniles.
(2) Inmate means a person who is sentenced or is awaiting sentencing to
any detaining facility.
(3) Public defendant means any state, county, or municipal agency, any
state, county, or municipal official or employee acting within the scope of his or her authority, or any agent acting on behalf of any state, county, or municipal agency.
Source: L. 95: Entire article added, p. 478, � 1, effective July 1. L. 98: (1)
amended and (1.5) added, p. 246, � 1, effective April 13.
13-17.5-102.3. Exhaustion of remedies. (1) No inmate shall bring a civil
action based upon prison conditions under any statute or constitutional provision until all available administrative remedies have been exhausted in a timely fashion by the entity operating the detaining facility and inmate. For purposes of this subsection (1), an inmate shall be considered to have exhausted all available administrative remedies when the inmate has completed the last step in the inmate grievance process as set forth in the regulations promulgated by the entity operating the detaining facility. Failure to allege in the civil action that all available administrative remedies have been exhausted in accordance with this subsection (1) shall result in dismissal of the civil action.
(2) Notwithstanding subsection (1) of this section, if a court finds that a claim
filed by an inmate is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from monetary relief, a court may dismiss the claim without first requiring exhaustion of administrative remedies.
Source: L. 98: Entire section added, p. 247, � 2, effective April 13. L. 2001: (1)
amended, p. 289, � 1, effective July 1.
13-17.5-102.7. Successive claims. (1) No inmate who on three or more
occasions has brought a civil action based upon prison conditions that has been dismissed on the grounds that it was frivolous, groundless, or malicious or failed to state a claim upon which relief may be granted or sought monetary relief from a defendant who is immune from such relief, shall be permitted to proceed as a poor person in a civil action based upon prison conditions under any statute or constitutional provision.
(2) Notwithstanding the provisions of subsection (1) of this section, an inmate
may proceed as a poor person in a civil action if the judge finds that the action alleges sufficient facts which, if assumed to be true, would demonstrate that the inmate is in imminent danger of serious physical injury.
(3) (a) A copy of any court order that dismisses an inmate's civil action on the
grounds that it is frivolous, groundless, or malicious or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief shall be mailed by the court clerk to the Colorado attorney general, whether or not the attorney general entered an appearance in the civil action, and whether or not the civil action involved a state correctional facility or state defendant. The attorney general shall monitor the dismissals described in this paragraph (a).
(b) The attorney general shall inform the state judicial department or the
chief judge of each judicial district whenever the attorney general becomes aware that an inmate has been assessed three or more dismissals as described in paragraph (a) of this subsection (3). Each judicial district shall maintain a registry of such information. An inmate listed in the registry who brings a civil action shall be subject to the provisions of subsections (1) and (2) of this section.
Source: L. 98: Entire section added, p. 247, � 2, effective April 13. L. 2001:
Entire section amended, p. 289, � 2, effective July 1.
13-17.5-103. Filing fees. (1) An inmate who seeks to proceed in any civil
action without prepayment of fees, in addition to filing any required affidavit, shall submit a copy of the inmate's account statement for the six-month period immediately preceding the filing of the civil action, certified by an appropriate official at the detaining facility. If the inmate account demonstrates that the inmate has sufficient funds to pay the filing fee, or if the action on its face is frivolous, groundless, or malicious, or fails to state a claim upon which relief may be granted or seeks monetary relief from a defendant who is immune from such relief, the motion to proceed as a poor person shall be denied.
(2) Any inmate who is allowed to proceed in the civil action as a poor person
shall be required to pay the full amount of the filing fee and service of process fees previously paid by the court in the following installments:
(a) If the inmate has ten dollars or more in his or her inmate account, make an
initial partial payment in accordance with the order of the court; and
(b) Regardless if the inmate has ten dollars in his or her inmate account at
the time of the filing of the civil action, make continuing monthly payments to the court equal to twenty percent of the preceding month's deposits in the inmate's account until the filing fee and service of process fees previously paid by the court are paid in full.
(2.5) The court shall include in its order granting permission to proceed as a
poor person the requirement that the inmate comply with the provisions of subsection (2) of this section.
(2.7) A copy of any order granting an inmate's motion to proceed in a civil
action as a poor person shall be forwarded by the court to the detaining facility that has custody of the inmate. Upon receipt of the order, the detaining facility shall forward payments from the inmate's account to the court in accordance with the order granting leave to proceed as a poor person.
(3) In no event shall an inmate be prohibited from filing a civil action or
appealing a civil or criminal judgment because the inmate has no assets and no means by which to pay the initial partial payment.
Source: L. 95: Entire article added, p. 479, � 1, effective July 1. L. 98: Entire
section amended, p. 248, � 4, effective April 13. L. 2001: Entire section amended, p. 290, � 3, effective July 1.
13-17.5-104. Stay of state judicial proceedings. If the court determines,
during the course of a state civil action by an inmate against any public defendant, that a federal civil action or grievance procedure is pending that involves the inmate and any of the same issues raised in the state civil action, the court shall stay the state civil action until the federal civil action or the grievance procedure is completed and all rights of appeal have been exhausted.
Source: L. 95: Entire article added, p. 479, � 1, effective July 1.
13-17.5-105. Proceedings before magistrate. As provided by sections 13-5-201 and 13-6-501, district and county court magistrates may preside over inmate
motions filed pursuant to section 13-16-103 and motions filed pursuant to the Colorado rules of civil procedure to dispose of the inmate's action without the necessity of trial.
Source: L. 95: Entire article added, p. 479, � 1, effective July 1.
13-17.5-106. Assessment of costs and attorney fees - review of inmate
spending from account - recovery of costs from inmate accounts - alternative sanctions - continuing garnishment authorized. (1) (a) In any action based upon prison conditions brought under any statute or constitutional provision, if attorney fees are recoverable pursuant to any state or federal statute, no attorney fees shall be awarded to an inmate, except to the extent that:
(I) The fees were directly and reasonably incurred in proving an actual
violation of the inmate's rights protected by the constitution or statute; and
(II) (A) The amount of the fees is proportionately related to the court-ordered
relief for the violation; or
(B) The fees were directly and reasonably incurred in enforcing the relief
ordered for the violation.
(b) No award of attorney fees under paragraph (a) of this subsection (1) shall
be based on an hourly rate in excess of one hundred fifty percent of the hourly rate paid to court-appointed counsel in the district in which the action was filed.
(c) Whenever a separate monetary judgment is awarded in an action in which
attorney fees are awarded under paragraph (a) of this subsection (1), a portion of the judgment not to exceed twenty-five percent shall be applied to reduce the amount of attorney fees awarded against the defendant.
(d) Nothing in this subsection (1) shall prohibit an inmate from entering into
an agreement to pay an attorney fee in excess of the amount authorized in this subsection (1), if the fee is paid by the individual rather than by a defendant.
(2) The court may also enter judgment against an inmate who has been
allowed to proceed as a poor person pursuant to section 13-16-103 for the amount of court costs and fees that the inmate would have incurred except for the provisions of that section, if the court awards attorney fees pursuant to subsection (1) of this section. The judgment entered by the court shall be collected and applied in accordance with subsection (3) of this section.
(3) If judgment for costs and attorney fees is awarded to a public defendant
or to the court, pursuant to subsection (1) or (2) of this section, the court, pursuant to section 13-54.5-102, shall issue a writ of continuing garnishment of the inmate's account with the detaining facility, which garnishment shall continue until the judgment is paid in full, notwithstanding the requirement set forth in section 13-54.5-103 that the garnishment be renewed.
Source: L. 95: Entire article added, p. 479, � 1, effective July 1. L. 98: (1)
amended, p. 247, � 3, effective April 13.
13-17.5-106.5. Court-ordered payment. Any compensatory damages
awarded to an inmate in connection with a civil action brought against any federal, state, or local jail, prison, or facility or against any official or agent of a jail, prison, or facility, after deduction for any award of attorney fees pursuant to section 13-17.5-106 (1)(c), shall be paid directly to satisfy any outstanding court-ordered payments pending against the inmate, including but not limited to restitution or child support. The remainder of the award after full payment of all pending court orders shall be forwarded to the inmate.
Source: L. 98: Entire section added, p. 247, � 2, effective April 13.
13-17.5-107. Construction of article - severability. Nothing in this article
shall be construed to impede an inmate's constitutional right of access to the courts. If any provision of this section or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this section which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this section are declared to be severable.
Source: L. 95: Entire article added, p. 480, � 1, effective July 1.
13-17.5-108. Teleconferenced hearings. The department of law, the
department of corrections, and the state judicial department shall cooperate to determine the cost of and actively pursue federal funding and contributions from any public or private entity for the purpose of developing, implementing, and maintaining a teleconferencing system for conducting proceedings in connection with state or federal civil actions filed by an inmate against a public defendant. On or before December 1, 1996, the state judicial department shall inform the judiciary committees of the general assembly of the progress made in pursuing funds for the development of the system. On or before March 1, 1996, the state judicial department shall submit a detailed plan to implement the use of a teleconferencing system for all proceedings in which an inmate is a witness or a party.
Source: L. 95: Entire article added, p. 480, � 1, effective July 1.
REGULATION OF ACTIONS AND PROCEEDINGS
ARTICLE 20
Actions
Annotator's note. For a discussion of standing issues in a child's claim for
loss of consortium in the death of a parent, an issue of first impression in Colorado, see Reighley v. International Playtex, Inc., 604 F. Supp. 1078 (D. Colo. 1985).
Law reviews: For article, Section 1983 Litigation in State Courts: A Review,
see 18 Colo. Law. 27 (1989).
PART 1
SURVIVAL OF ACTIONS
C.R.S. § 13-20-802.5
13-20-802.5. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Action means a civil action or an arbitration proceeding for damages,
indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for damages or loss to, or the loss of use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property.
(2) Actual damages means the fair market value of the real property
without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. Actual damages as to personal injury means those damages recoverable by law, except as limited by the provisions of section 13-20-806 (4).
(3) Claimant means a person other than the attorney general or the district
attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property.
(4) Construction professional means an architect, contractor,
subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term construction professional shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed. As used in this subsection (4), commercial property means property that is zoned to permit commercial, industrial, or office types of use.
(4.5) Multifamily construction incentive program or program means the
program created in section 13-20-803.3 (1).
(5) Notice of claim means a written notice sent by a claimant to the last-known address of a construction professional against whom the claimant asserts a
construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect.
(6) Program claim means all actions for damages, indemnity, or
contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of use of, real or personal property for which the builder is a participant in the program or for personal injury caused by a defect in the design or construction of an improvement to real property for which the builder is a participant in the program.
(7) Third-party inspection means a program of inspections of a residential
housing unit performed over the course of construction on the unit and designed to assist the construction professional performing the construction on the unit in identifying and rectifying any instances in which the work being performed by the construction professional deviates from applicable building codes or construction standards. The construction professional who signs the building permit application shall, subsequent to filing the permit application and prior to the issuance of a certificate of occupancy, certify in writing filed with the building department that the third-party inspector was qualified and the inspection complies with the following requirements for any component, system, or improvement alleged to be defective:
(a) The inspection was performed by either a licensed construction
professional or a building code inspector, electrical inspector, energy conservation code inspector, fire code inspector, or mechanical code inspector, if such inspector provides evidence of successful completion of the most recent version of the commercial building inspector examination by the International Code Council or its successor organization:
(I) Who has expertise designing, constructing, or inspecting the component,
system, or improvement being inspected;
(II) (A) Who is an independent third party not otherwise employed by or
affiliated with the construction professional who was involved in the development, design, or construction of the component, system, or improvement; or
(B) Who is an inspector acting under the direction of an insurer providing a
commercial general liability policy of insurance purchased to insure the subject residential housing unit against property damage resulting from defects in the design or construction of the unit;
(III) Who is responsible for performing the inspection duties with a
reasonable degree of care; and
(IV) Who is not designated as a nonparty at fault pursuant to section 13-21-111.5 (3)(b); and
(b) The inspection includes, for each component, system, or improvement, a
signed certification that, for each component, system, or improvement, verifies that:
(I) The component, system, or improvement was included in approved
construction documents and specifications, including addendums issued during construction, under the valid seal of an architect or engineer licensed in Colorado;
(II) (A) Prior to inspection by the building department, the component,
system, or improvement was subject to a field inspection and approval by the third-party inspector who certifies that, at the time of inspection, the component, system, or improvement was sufficiently accessible to determine compliance with and did comply with applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.
(B) If the field inspection does not include every location where the
component, system, or improvement is constructed, the signed certification must include the permit number; the date of inspection; the type of inspection; the contractor's name and license number; the street address of the job location; the name, address, and telephone number of the inspector who performed the inspection; and a statement that the inspector inspected a sufficient number of locations to conclude with a reasonable degree of certainty that every location of the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.
(III) The construction professional successfully repaired or resolved any
instance of noncompliant design or construction identified during an inspection and that the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations and approved construction documents and specifications, including addendums issued during construction; and
(c) The inspection is not an inspection performed by or on behalf of a
governmental authority having jurisdiction over the residential housing unit as a condition of any permitting or the issuance of a certificate of occupancy.
Source: L. 2003: Entire section added, p. 1361, � 2, effective April 25. L.
2025: (4.5), (5.5), and (6) added, (HB 25-1272), ch. 183, p. 783, � 2, effective August 6.
Editor's note: (1) Subsections (6) and (7) were numbered as subsections (5.5)
and (6), respectively, in HB 25-1272 but were renumbered on revision for ease of location.
(2) Section 8(2) of chapter 183 (HB 25-1272), Session Laws of Colorado
2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.
Cross references: For the short title (Colorado American Dream Act) and
the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.
C.R.S. § 13-20-803
13-20-803. List of defects required. (1) In addition to the notice of claim required by section 13-20-803.5, in every action brought against a construction professional, the claimant shall file with the court or arbitrator and serve on the construction professional an initial list of construction defects in accordance with this section.
(2) The initial list of construction defects shall contain a description of the
construction that the claimant alleges to be defective. The initial list of construction defects shall be filed with the court and served on the defendant within sixty days after the commencement of the action or within such longer period as the court in its discretion may allow.
(3) The initial list of construction defects may be amended by the claimant to
identify additional construction defects as they become known to the claimant. In no event shall the court allow the case to be set for trial before the initial list of construction defects is filed and served.
(4) If a subcontractor or supplier is added as a party to an action under this
section, the claimant making the claim against such subcontractor or supplier shall file with the court and serve on the defendant an initial list of construction defects in accordance with this section within sixty days after service of the complaint against the subcontractor or supplier or within such longer period as the court in its discretion may allow. In no event shall the filing of a defect list under this subsection (4) delay the setting of the trial.
Source: L. 2001: Entire part added, p. 389, � 1, effective August 8. L. 2003: (1)
amended, p. 1362, � 3, effective April 25.
C.R.S. § 13-20-803.5
13-20-803.5. Notice of claim process - duty to mitigate. (1) (a) No later than seventy-five days before filing an action against a construction professional, or no later than ninety days before filing the action in the case of a commercial property, a claimant shall send or deliver a written notice of claim to the construction professional by certified mail, return receipt requested, or by personal service.
(b) Before filing a claim pursuant to this subsection (1) for program claims, a
claimant shall mitigate the damage caused by the alleged construction defect. A claimant satisfies the duty to mitigate by taking reasonable action to prevent further damage from the construction defect. A claimant must certify in the complaint that the claimant has satisfied the duty to mitigate.
(c) If the claimant and construction professional dispute whether the
claimant has satisfied the duty to mitigate described in subsection (1)(b) of this section, the claimant may proceed with the action but does not recover any damages that the construction professional proves were caused by the claimant's unreasonable failure to mitigate.
(d) A claimant does not breach the duty to mitigate if the cost to mitigate is
unreasonable under the circumstances or was beyond the claimant's financial ability to perform.
(2) Following the mailing or delivery of the notice of claim, at the written
request of the construction professional, the claimant shall provide the construction professional and its contractors or other agents reasonable access to the claimant's property during normal working hours to inspect the property and the claimed defect. The inspection shall be completed within thirty days of service of the notice of claim.
(3) Except as provided in section 13-20-803.3 (9), within thirty days after the
completion of the inspection process conducted pursuant to subsection (2) of this section, or within forty-five days after the completion of the inspection process in the case of a commercial property, a construction professional may send or deliver to the claimant, by certified mail, return receipt requested, or personal service, an offer to settle the claim by payment of a sum certain or by agreeing to remedy the claimed defect described in the notice of claim. A written offer to remedy the construction defect shall include a report of the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.
(3.5) (a) By the earlier of when a construction professional, other than an
architect or engineer, offers to settle a claim or sixty days after a construction professional receives actual notice of claim, the construction professional shall provide the claimant with the following documents and information, to the extent the documents and information are within the construction professional's possession, custody, or control:
(I) Copies of all plans, specifications, and soil reports related to the claim;
(II) Maintenance and preventive maintenance recommendations related to
the claim;
(III) The name, last-known address, and scope of work of each construction
professional who contracted to perform work or provide services and did perform work or provide services related to the claim;
(IV) All documents related to the third-party inspection of the property and
the name and last-known address of the inspector who performed the third-party inspection; and
(V) Copies of each insurance policy purchased by the construction
professional and related to the claim through the date of the notice of claim and from the earlier start date of:
(A) The date the construction of the alleged defect was substantially
completed; or
(B) The date the construction professional substantially completed work on
the alleged defect.
(b) A construction professional may charge reasonable copying costs for the
documents described in subsections (3.5)(a)(I), (3.5)(a)(II), (3.5)(a)(IV), and (3.5)(a)(V) of this section.
(c) Failure to provide the identifying information required in subsection
(3.5)(a)(III) of this section by the applicable deadline for designating a nonparty at fault bars the construction professional from designating the unidentified construction professional as a nonparty at fault under section 13-21-111.5 (3)(b) in a subsequent action. If the construction professional fails to provide the information required in subsection (3.5)(a)(I) of this section, the claimant need not comply with the certificate of review requirement in section 13-20-803.3 (2).
(3.7) (a) By the earlier of when a construction professional who is an
architect or engineer offers to settle a claim or sixty days after a construction professional receives actual notice of claim, the architect or engineer shall provide the claimant with the following documents and information, to the extent the documents and information are within the architect's or engineer's possession, custody, or control:
(I) Copies of all approved construction documents and specifications,
including addendums issued during construction, prepared by the architect, engineer, or consultants;
(II) The name, last-known address, and scope of work of each architect or
engineer who performed work or provided services as a consultant related to the claim and on the claimant's property; and
(III) Copies of each insurance policy purchased by the architect or engineer
and related to the claim through the date of the notice of claim and from the earlier start date of:
(A) The date the construction of the alleged defect was substantially
completed; or
(B) The date the architects and engineers substantially completed work
related to the alleged defect.
(b) An architect or engineer may charge reasonable copying costs for the
documents described in subsection (3.7)(a) of this section.
(4) Unless a claimant accepts an offer made pursuant to subsection (3) of
this section in writing within fifteen days of the delivery of the offer, the offer shall be deemed to have been rejected.
(5) A claimant who accepts a construction professional's offer to remedy or
settle by payment of a sum certain a construction defect claim shall do so by sending the construction professional a written notice of acceptance no later than fifteen days after receipt of the offer. If an offer to settle is accepted, then the monetary settlement shall be paid in accordance with the offer. If an offer to remedy is accepted by the claimant, the remedial construction work shall be completed in accordance with the timetable set forth in the offer unless the delay is caused by events beyond the reasonable control of the construction professional.
(6) If no offer is made by the construction professional or if the claimant
rejects an offer, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim, unless the parties have contractually agreed to a mediation procedure, in which case the mediation procedure shall be satisfied prior to bringing an action.
(7) If an offer by a construction professional is made and accepted or if a
proposal made by a claimant is accepted, and if thereafter the construction professional does not comply with the offer to remedy or settle a claim for a construction defect or with the claimant's proposal, the claimant may file an action against the construction professional for claims arising out of the defect or damage described in the notice of claim without further notice.
(8) After the sending of a notice of claim, a claimant and a construction
professional may, by written mutual agreement, alter the procedure for the notice of claim process described in this section.
(9) Any action commenced by a claimant who fails to comply with the
requirements of this section shall be stayed, which stay shall remain in effect until the claimant has complied with the requirements of this section.
(10) A claimant may amend a notice of claim to include construction defects
discovered after the service of the original notice of claim. However, the claimant must otherwise comply with the requirements of this section for the additional claims.
(11) For purposes of this section, actual receipt by any means of a written
notice, offer, or response prepared pursuant to this section within the time prescribed for delivery or service of the notice, offer, or response shall be deemed to be sufficient delivery or service.
(12) Except as provided in this section and section 13-20-806, a claimant
shall not recover more than actual damages in an action.
(13) An insurer, as defined in section 10-1-102 (13), shall not cancel, deny, or
reduce coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional making an offer to repair or settle a construction defect claim pursuant to this section. Any settlement or repair agreement that affects coverage is subject to insurer approval.
Source: L. 2003: Entire section added, p. 1363, � 5, effective April 25. L.
2025: (1), (3), (7), and (12) amended and (3.5), (3.7), and (13) added, (HB 25-1272), ch. 183, p. 791, � 4, effective August 6.
Editor's note: Section 8(2) of chapter 183 (HB 25-1272), Session Laws of
Colorado 2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.
Cross references: For the short title (Colorado American Dream Act) and
the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.
C.R.S. § 13-21-105.5
13-21-105.5. Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages. (1) This section shall be known and may be cited as the Infant Used Crib Safety Act of 1998.
(2) The general assembly hereby finds that parents' use of used infant cribs
occasionally results in crib accidents that may lead to infants' injuries or deaths, and therefore such used cribs pose a serious threat to the public health, safety, and welfare. The general assembly further finds that the majority of parents use secondhand, hand-me-down, or heirloom cribs for their infants and therefore it is especially important to raise public awareness of the dangers of used cribs in order to prevent the injuries or deaths that may result from their use. The general assembly finds that the design and construction of infant cribs must ensure that they are safe for an infant's use, thereby providing the infant's parent or other caregiver some degree of confidence in using the crib. The general assembly therefore concludes that discouraging the sale, lease, or subletting of unsafe used cribs will significantly reduce the number of injuries and deaths caused by used infant cribs.
(3) As used in this section, unless the context otherwise requires:
(a) Commercial dealer means any person or entity who:
(I) Regularly deals in used full-size or nonfull-size cribs; or
(II) Regularly sells, leases, sublets, or otherwise places in the stream of
commerce used full-size or nonfull-size cribs; or
(III) Purchases one or more used full-size or nonfull-size cribs for the purpose
of resale.
(b) Crib means a bed or containment designed to accommodate an infant.
(c) Full-size crib means a full-size crib as defined in 16 CFR sec. 1508.1 (a),
regarding the requirements for full-size cribs.
(d) Infant means any person less than thirty-five inches tall and less than
three years of age.
(e) Nonfull-size crib means a nonfull-size crib as defined in 16 CFR sec.
1509.2 (b), regarding the requirements for nonfull-size cribs.
(f) Used means previously owned by a consumer.
(4) No commercial dealer may sell, contract to sell or resell, lease, sublet, or
otherwise place in the stream of commerce a used full-size or nonfull-size crib that is unsafe at the time of sale or lease, as provided in subsection (6) of this section.
(5) (a) The consumer protection division of the Colorado department of
public health and environment shall make available to the public a copy of the federal standards and a copy of the voluntary standards of the American society for testing materials as specified in paragraph (b) of this subsection (5). One copy shall also be provided to the state publications depository and distribution center. The state librarian shall retain a copy of the material and shall make a copy available for interlibrary loans.
(b) The provisions of this subsection (5) apply to the following materials:
(I) 16 CFR sec. 1508 et seq., and any subsequent amendments or additions to
said sections;
(II) 16 CFR sec. 1509 et seq., and any subsequent amendments or additions to
said sections;
(III) 16 CFR sec. 1303 et seq., and any subsequent amendments or additions
to said sections; and
(IV) The voluntary standards of the American society for testing materials or
any successor organization.
(6) Any used crib that has any of the following dangerous features or
characteristics at the time of sale or lease shall be presumed to be unsafe pursuant to this section:
(a) Corner posts that extend more than one-sixteenth of an inch;
(b) Spaces between side slats that are wider than two and three-eighths
inches;
(c) Mattress supports that may be easily dislodged from any point of the crib.
A mattress segment may be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib.
(d) Cutout designs on the end panels of the crib;
(e) Rail height dimensions that do not conform to the following:
(I) The height of the rail and end panel as measured from the top of the rail or
panel in its lowest position to the top of the mattress support in its highest position is at least twenty-two and eight tenths centimeters or nine inches;
(II) The height of the rail and end panel as measured from the top of the rail
or panel in its highest position to the top of the mattress support in its lowest position is at least sixty-six centimeters or twenty-six inches;
(f) Any screws, bolts, or hardware that are loose and not secured;
(g) Sharp edges, points, or rough surfaces or any wood surfaces that are not
smooth and free from splinters, splits, or cracks;
(h) Nonfull-size cribs with tears in mesh or fabric sides.
(7) A crib is exempt from the provisions of this section if:
(a) It is not intended for use by an infant; and
(b) At the time of selling, reselling, leasing, or subletting the crib or
otherwise placing the crib in the stream of commerce, the commercial dealer attaches a written notice to the crib declaring that it is not intended to be used for an infant and is unsafe for use by an infant.
(8) (a) A person who is a parent or guardian of an infant and who purchases a
used crib on or after July 1, 1998, that, at the time of sale or lease, is presumed to be unsafe as provided in subsection (6) of this section may bring an action, on the parent's or guardian's own behalf and on behalf of the infant, against the commercial dealer from whom the parent or guardian purchased the used crib. In such action, the parent or guardian may seek to enjoin the commercial dealer from selling, contracting to sell, contracting to resell, leasing, or subletting any used full-size or nonfull-size crib that, at the time of sale or lease, is presumed to be unsafe as provided in subsection (6) of this section.
(b) In addition to an injunction, the parent or guardian may seek return of the
purchase price of the crib, reasonable attorney fees and costs, and, if the infant has sustained injury or death as a result of using the crib, such additional damages as are provided by law.
Source: L. 98: Entire section added, p. 1366, � 1, effective July 1.
C.R.S. § 13-21-111.5
13-21-111.5. Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration. (1) In an action brought as a result of a death or an injury to person or property, no defendant shall be liable for an amount greater than that represented by the degree or percentage of the negligence or fault attributable to such defendant that produced the claimed injury, death, damage, or loss, except as provided in subsection (4) of this section.
(1.5) (a) Notwithstanding any provision of subsection (1) of this section to the
contrary, when an employer or principal acknowledges vicarious liability for an employee's or agent's negligence, a plaintiff's direct negligence claims against the employer or principal are not barred. A plaintiff may bring such claims, and conduct associated discovery, in addition to claims and discovery based on respondeat superior.
(b) Consistent with current law, nothing in this subsection (1.5) permits a
plaintiff to recover compensatory and exemplary damages more than once for the same injury.
(c) In enacting this subsection (1.5), it is the intent of the general assembly to
reverse the holding in Ferrer v. Okbamicael, 390 P.3d 836 (Colo. 2017), that an employer's admission of vicarious liability for any negligence of its employees bars a plaintiff's direct negligence claims against the employer.
(2) The jury shall return a special verdict, or, in the absence of a jury, the
court shall make special findings determining the percentage of negligence or fault attributable to each of the parties and any persons not parties to the action of whom notice has been given pursuant to paragraph (b) of subsection (3) of this section to whom some negligence or fault is found and determining the total amount of damages sustained by each claimant. The entry of judgment shall be made by the court based on the special findings, and no general verdict shall be returned by the jury.
(3) (a) Any provision of the law to the contrary notwithstanding, the finder of
fact in a civil action may consider the degree or percentage of negligence or fault of a person not a party to the action, based upon evidence thereof, which shall be admissible, in determining the degree or percentage of negligence or fault of those persons who are parties to such action. Any finding of a degree or percentage of fault or negligence of a nonparty shall not constitute a presumptive or conclusive finding as to such nonparty for the purposes of a prior or subsequent action involving that nonparty.
(b) Negligence or fault of a nonparty may be considered if the claimant
entered into a settlement agreement with the nonparty or if the defending party gives notice that a nonparty was wholly or partially at fault within ninety days following commencement of the action unless the court determines that a longer period is necessary. The notice shall be given by filing a pleading in the action designating such nonparty and setting forth such nonparty's name and last-known address, or the best identification of such nonparty which is possible under the circumstances, together with a brief statement of the basis for believing such nonparty to be at fault. Designation of a nonparty shall be subject to the provisions of section 13-17-102. If the designated nonparty is a licensed health-care professional and the defendant designating such nonparty alleges professional negligence by such nonparty, the requirements and procedures of section 13-20-602 shall apply.
(4) Joint liability shall be imposed on two or more persons who consciously
conspire and deliberately pursue a common plan or design to commit a tortious act. Any person held jointly liable under this subsection (4) shall have a right of contribution from his fellow defendants acting in concert. A defendant shall be held responsible under this subsection (4) only for the degree or percentage of fault assessed to those persons who are held jointly liable pursuant to this subsection (4).
(5) In a jury trial in any civil action in which contributory negligence or
comparative fault is an issue for determination by the jury, the trial court shall instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault as between the plaintiff or plaintiffs and the defendant or defendants. However, the jury shall not be informed as to the effect of its finding as to the allocation of fault among two or more defendants. The attorneys for each party shall be allowed to argue the effect of the instruction on the facts which are before the jury.
(6) (a) The general assembly hereby finds, determines, and declares that:
(I) It is in the best interests of this state and its citizens and consumers to
ensure that every construction business in the state is financially responsible under the tort liability system for losses that a business has caused;
(II) The provisions of this subsection (6) will promote competition and safety
in the construction industry, thereby benefitting Colorado consumers;
(III) Construction businesses in recent years have begun to use contract
provisions to shift the financial responsibility for their negligence to others, thereby circumventing the intent of tort law;
(IV) It is the intent of the general assembly that the duty of a business to be
responsible for its own negligence be nondelegable;
(V) Construction businesses must be able to obtain liability insurance in
order to meet their responsibilities;
(VI) The intent of this subsection (6) is to create an economic climate that
will promote safety in construction, foster the availability and affordability of insurance, and ensure fairness among businesses;
(VII) If all businesses, large and small, are responsible for their own actions,
then construction companies will be able to obtain adequate insurance, the quality of construction will be improved, and workplace safety will be enhanced.
(b) Except as otherwise provided in paragraphs (c) and (d) of this subsection
(6), any provision in a construction agreement that requires a person to indemnify, insure, or defend in litigation another person against liability for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the indemnitee or any third party under the control or supervision of the indemnitee is void as against public policy and unenforceable.
(c) The provisions of this subsection (6) shall not affect any provision in a
construction agreement that requires a person to indemnify and insure another person against liability for damage, including but not limited to the reimbursement of attorney fees and costs, if provided for by contract or statute, arising out of death or bodily injury to persons or damage to property, but not for any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitor or the indemnitor's agents, representatives, subcontractors, or suppliers.
(d) (I) This subsection (6) does not apply to contract clauses that require the
indemnitor to purchase, maintain, and carry insurance covering the acts or omissions of the indemnitor, nor shall it apply to contract provisions that require the indemnitor to name the indemnitee as an additional insured on the indemnitor's policy of insurance, but only to the extent that such additional insured coverage provides coverage to the indemnitee for liability due to the acts or omissions of the indemnitor. Any provision in a construction agreement that requires the purchase of additional insured coverage for damage arising out of death or bodily injury to persons or damage to property from any acts or omissions that are not caused by the negligence or fault of the party providing such additional insured coverage is void as against public policy.
(II) This subsection (6) also does not apply to builder's risk insurance.
(e) (I) As used in this subsection (6) and except as otherwise provided in
subparagraph (II) of this paragraph (e), construction agreement means a contract, subcontract, or agreement for materials or labor for the construction, alteration, renovation, repair, maintenance, design, planning, supervision, inspection, testing, or observation of any building, building site, structure, highway, street, roadway bridge, viaduct, water or sewer system, gas or other distribution system, or other work dealing with construction or for any moving, demolition, or excavation connected with such construction.
(II) Construction agreement does not include:
(A) A contract, subcontract, or agreement that concerns or affects property
owned or operated by a railroad, a sanitation district, as defined in section 32-1-103 (18), C.R.S., a water district, as defined in section 32-1-103 (25), C.R.S., a water and sanitation district, as defined in section 32-1-103 (24), C.R.S., a municipal water enterprise, a water conservancy district, a water conservation district, or a metropolitan sewage disposal district, as defined in section 32-4-502 (18), C.R.S.; or
(B) Any real property lease or rental agreement between a landlord and
tenant regardless of whether any provision of the lease or rental agreement concerns construction, alteration, repair, improvement, or maintenance of real property.
(f) Nothing in this subsection (6) shall be construed to:
(I) Abrogate or affect the doctrine of respondeat superior, vicarious liability,
or other nondelegable duties at common law;
(II) Affect the liability for the negligence of an at-fault party; or
(III) Abrogate or affect the exclusive remedy available under the workers'
compensation laws or the immunity provided to general contractors and owners under the workers' compensation laws.
(g) Choice of law. Notwithstanding any contractual provision to the contrary,
the laws of the state of Colorado shall apply to every construction agreement affecting improvements to real property within the state of Colorado.
Source: L. 86: Entire section added, p. 680, � 1, effective July 1. L. 87: (1)
amended and (4) and (5) added, p. 551, � 1, effective July 1. L. 90: (3)(b) amended, p. 863, � 3, effective July 1. L. 2007: (6) added, p. 446, � 1, effective July 1. L. 2021: (1.5) added, (HB 21-1188), ch. 147, p. 863, � 1, effective September 7.
C.R.S. § 13-21-117.5
13-21-117.5. Civil liability - intellectual and developmental disability service providers - definitions. (1) Legislative declaration. (a) In recognition of the varied, extensive, and substantial needs of persons with developmental disabilities, the general assembly hereby finds and declares that the purposes of this section are:
(I) To reaffirm the high value Colorado places on the rights of persons with
developmental disabilities to receive services and supports that enable them to live in integrated community settings, to participate fully in community life, and to exercise choice and self-direction in their lives;
(II) To recognize that there are inherent risks in such integration,
participation, and self-direction due to the cognitive limitations experienced by persons with developmental disabilities;
(III) To recognize that providers to such persons are exposed to risk of
liability when they assist or permit persons with developmental disabilities to experience community integration, participation, and self-direction;
(IV) To recognize that providers provide essential services and functions and
that unlimited liability could disrupt or make prohibitively expensive the provision of such essential services;
(V) To recognize that providers should be provided with protection from
unlimited liability so that providers are not discouraged from providing such services and functions.
(b) The general assembly, therefore, declares that it is the intent of the
general assembly to mitigate the risk of liability to providers to the developmentally disabled to the extent that such mitigation is reasonable and possible.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Case management agency has the same meaning as set forth in section
25.5-6-1702 (2).
(a.5) Repealed.
(b) Department means the department of health care policy and financing.
(c) Developmental disability has the same meaning as intellectual and
developmental disability as defined in section 25.5-10-202, C.R.S.
(d) Family caregiver has the same meaning as set forth in section 25.5-10-202 (17).
(e) Host home means a private home that houses up to three persons with
intellectual and developmental disabilities and whose owner or renter provides residential services, as described in section 25.5-10-206 (1)(e), to those persons as an independent contractor of a service agency.
(f) Provider means any case management agency, service agency, host
home, family caregiver, and the directors, officers, and employees of these entities, who provide long-term services or supports to persons with intellectual and developmental disabilities pursuant to article 10 of title 25.5 or article 10.5 of title 27.
(g) Service agency means a privately operated program-approved service
agency designated pursuant to the rules of the department.
(3) A person filing an action against a provider for injury which lies in tort or
could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant shall demonstrate liability by a preponderance of the evidence. If a provider raises the issue that a claimant cannot demonstrate liability by a preponderance of the evidence or raises any other limitation on liability pursuant to this section prior to or after the commencement of discovery, the court shall suspend discovery, except any discovery necessary to decide the issue of limitation of liability, and shall decide such issue on motion. The court's decision on such motion shall be a final judgment and shall be subject to interlocutory appeal.
(4) Duty of care. The performance of a service or an act of assistance for the
benefit of a person with an intellectual and developmental disability or adoption or enforcement of a policy, procedure, guideline, or practice for the protection of the person's health or safety by a provider does not create any duty of care with respect to a third person, nor does it create a duty for any provider to perform or sustain a service or an act of assistance nor to adopt or enforce a policy, procedure, guideline, or practice; however, nothing in this section relieves a provider of a duty of care expressly imposed by federal or state law or department rule, nor shall anything in this section be deemed to create any duty of care.
(5) No action in tort under this section may be maintained on behalf of, for, or
by a person with an intellectual and developmental disability or by a family member of a person with an intellectual and developmental disability against a provider unless the person claiming to have suffered an injury or grievance or the person's guardian or representative has filed for dispute resolution or other applicable intervention, if any, by the department or a case management agency or pursuant to rules promulgated under article 6 or 10 of title 25.5 or article 10.5 of title 27 within one year after the date of the discovery of the injury or grievance, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury or grievance. Compliance with this subsection (5), documented by a letter from the department certifying that any and all interventions and dispute resolution procedures, with either the department or a case management agency applicable to the matter at hand have been exhausted, or by submission of evidence that such an intervention or dispute resolution request has been filed and no action has been taken by the department within ninety days, is a jurisdictional prerequisite to any action brought under the provisions of this section, and failure of compliance forever bars any such action and must result in a dismissal of any claim with prejudice. Certification by the department that all applicable interventions and dispute resolution procedures have been exhausted does not result in the department becoming a party to the tort claim action.
(6) A provider shall not be liable for damages in any civil action for failure to
warn or protect any person against the violent, assaultive, disorderly, or harassing behavior of a person with a developmental disability, nor shall any such provider be held civilly liable for failure to predict or prevent such behavior, except there shall be a duty to warn where the person with the developmental disability has communicated to the provider a serious and credible threat of imminent physical violence and serious bodily injury against a specific person or persons. If there is a duty to warn as specified in this subsection (6), the duty shall be discharged by the provider making reasonable and timely efforts to notify any person or persons specifically threatened, except that if the person or persons threatened with imminent physical violence and serious bodily injury is a person with a developmental disability under the care of a provider, the provider shall take reasonable action to protect such person from serious bodily injury until the threat can reasonably be deemed to have abated. A provider shall not be liable for damages in any civil action for warning a person against or predicting violent, assaultive, disorderly, or harassing behavior of a person with a developmental disability, nor shall a provider be subject to professional discipline for such warning or prediction.
(7) The owner of a property leased by a provider for the purpose of providing
services pursuant to article 10 of title 25.5 or article 10.5 of title 27 is not responsible for the provision or monitoring of such services.
(8) If a person with an intellectual and developmental disability residing in a
residential program operated by the department is referred by the department for community placement, the provider is not subject to civil liability for accepting that person for community placement.
(9) Claims predicated on an alleged deceptive trade practice pursuant to
article 1 of title 6 shall not apply to providers engaged in the provision of services pursuant to article 10 of title 25.5 or article 10.5 of title 27.
(10) Case management agencies and service agencies shall have the
authority to move a person with an intellectual and developmental disability from any residential setting that they operate under medicaid authority if the case management agency or service agency believes that the person with an intellectual and developmental disability may be at risk of abuse, neglect, mistreatment, exploitation, or other harm in such setting. If a person is moved for one of the aforementioned reasons, the person-centered planning required by this subsection (10) must occur as soon as possible following the move. In the absence of willful and wanton acts or omissions, case management agencies and service agencies have no civil liability for exercising such authority or for termination of any related contracts if the risk is substantiated by investigation pursuant to the rules of the department.
(11) In the absence of willful and wanton acts or omissions, a provider shall
not have civil liability for injurious consequences to a person with a developmental disability in the provider's care when that person having the legal capacity for such decisions at the time such decisions were made, or the person's guardian or other person or entity duly authorized to make medication or treatment decisions for the person, declines or obstructs the administration of prescribed medication or other treatment recommended by a licensed physician, licensed psychologist, or certified therapist.
(12) When a person with a developmental disability who has the legal
capacity to make decisions, or that person's guardian, refuses to comply with restrictions established pursuant to an interdisciplinary team process that are designed to safeguard the health and safety of the person or others, and it can be shown that a provider has made reasonable efforts to secure such compliance from the person or has taken other reasonable actions to safeguard the person or others, a provider of services shall not have civil liability for injuries or damages to the person with a developmental disability that may arise from the refusal by the person with a developmental disability, or that person's guardian, to comply with such restrictions.
Source: L. 92: Entire section added, p. 1396, � 53, effective July 1. L. 2003:
Entire section R&RE, p. 1963, � 1, effective May 22. L. 2013: (2)(a), (2)(c), and (2)(e) amended, (HB 13-1314), ch. 323, p. 1802, �23, effective March 1, 2014. L. 2018: (2)(a), (2)(d), (2)(f), (2)(g), (4), (5), (7), (8), (9), and (10) amended and (2)(a.5) added, (SB 18-174), ch. 148, p. 937, � 1, effective April 23. L. 2021: (2)(a), (2)(b), (2)(e), (2)(f), (2)(g), (4), (5), (8), and (10) amended, (HB 21-1187), ch. 83, p. 324, � 5, effective July 1, 2024; (2)(a.5)(II) added by revision, (HB 21-1187), ch. 83, pp. 324, 354, �� 5, 70.
Editor's note: Subsection (2)(a.5)(II) provided for the repeal of subsection
(2)(a.5), effective July 1, 2024. (See L. 2021, p. 324.)
C.R.S. § 13-21-121
13-21-121. Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions. (1) The general assembly recognizes that persons who participate in certain agricultural recreation or agritourism activities may incur injuries as a result of the inherent risks involved with these activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage these activities by limiting the civil liability of certain persons involved in providing the opportunity to participate in these activities.
(2) As used in this section, unless the context otherwise requires:
(a) Activity instructor or equipment provider means an individual, facility
person, group, club, association, partnership, or corporation, whether or not engaged for compensation, that instructs a participant or that rents, sells, or otherwise provides equipment to a participant for the purpose of engaging in an agricultural recreation or agritourism activity.
(b) Agricultural recreation or agritourism activity means an activity related
to the normal course of agriculture, as defined in section 35-1-102 (1), which activity is engaged in by participants for entertainment, pleasure, or other recreational purposes, or for educational purposes, regardless of whether a fee is charged to the participants. Agricultural recreation or agritourism activity also means hunting, shooting, swimming, diving, tubing, and riding or operating a motorized recreational vehicle that occurs on or in proximity to the property of an agricultural operation or an adjacent roadway. Agricultural recreation or agritourism activity includes, but is not limited to, planting, cultivation, irrigation, or harvesting of crops; acceptable practices of animal husbandry; rodeo and livestock activities; and maintenance of farm or ranch equipment. Agricultural recreation or agritourism activity does not include any activity related to or associated with medical marijuana as defined in section 44-10-103 (34) or retail marijuana as defined in section 44-10-103 (57).
(c) Equipment means a device used to engage in an agricultural recreation
or agritourism activity.
(d) Facility means a privately owned and operated farm, ranch, or a public
property that is leased or rented and under the control of the person defined in paragraph (e) of this subsection (2) on which the opportunity to engage in one or more agricultural recreation or agritourism activities is offered to a participant, regardless of whether it is situated in an incorporated area or unincorporated area.
(e) Facility person means a person who owns, leases, operates, manages, is
an independent contractor to, or is employed at or who volunteers at a facility. For purposes of this paragraph (e) only, person includes any individual, corporation, partnership, association, cooperative, or commercial entity.
(f) Inherent risks of agricultural recreation or agritourism activities means
those dangers or conditions that are an integral part of such activities, including but not limited to:
(I) The varied degrees of the skill and experience of the participants;
(II) The nature of the activity, including but not limited to the equipment used
and the location where the activity is conducted;
(III) Certain hazards, such as ground conditions, surface grade, weather
conditions, and animal behavior;
(IV) Collisions with other persons or objects;
(V) The types and the complexity of equipment used by the participants;
(VI) Malfunctions with equipment used by the participants;
(VII) The potential of a participant to act in a negligent manner that may
contribute to injury incurred by the participant or others, such as imprudent showmanship, failing to maintain control over his or her equipment, or not acting within his or her ability.
(g) Participant means a person who engages in an agricultural recreation
or agritourism activity, whether or not a fee is paid to participate in the activity.
(3) Except as provided in subsections (4) and (5) of this section, an activity
instructor or equipment provider or facility person is not civilly liable for any property damage or damages for injury to or the death of a participant resulting from the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility. A participant expressly assumes the risk and legal responsibility for any property damage or damages arising from personal injury or death that results from the inherent risk of agricultural recreation or agritourism activities. A participant has the sole responsibility for knowing the range of that person's ability to participate in an agricultural recreation or agritourism activity. It is the duty of a participant to act within the limits of the participant's own ability, to heed all warnings, and to refrain from acting in a manner that may cause or contribute to the injury or death of any person or damage to any property. A participant or a participant's representative may not make any claim against, maintain an action against, or recover from an activity instructor or equipment provider or facility person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of agricultural recreation or agritourism activities performed or conducted on or in a facility.
(4) (a) Nothing in subsection (3) of this section shall prevent or limit the
liability of an activity instructor or equipment provider or facility person if the activity instructor or equipment provider or facility person:
(I) Rented, sold, or otherwise provided equipment to a participant, and knew
that the equipment was faulty, and such equipment was faulty to the extent that it caused the injury;
(II) Committed an act or omission that constituted gross negligence or willful
or wanton disregard for the safety of the participant and the act or omission was the cause of the injury; or
(III) Intentionally injured the participant.
(b) Nothing in subsection (3) of this section shall prevent or limit the liability
of an activity instructor or equipment provider or facility person under liability provisions set forth in the product liability laws.
(c) A participant is not precluded under this section from suing and
recovering from another participant for injury to person or property resulting from the other participant's act or omission. Notwithstanding any provision of law to the contrary, the risk of injury from another participant shall not be considered an inherent risk or a risk assumed by a participant in an action by the participant against another participant.
(5) (a) The operator of a facility shall:
(I) Exercise reasonable care to protect against dangers of which he or she
actually knew; or
(II) Give warning of any dangers that are ordinarily present on the property.
(b) (I) The operator of a facility may provide notice of the inherent risks of
agricultural recreation or agritourism activities either by a statement signed by the participant or a sign or signs prominently displayed at the place or places where the agricultural recreation or agritourism activities take place. The statement or sign must set forth the following warning notice:
WARNING
UNDER COLORADO LAW, THERE IS NO LIABILITY FOR THE DEATH OF OR INJURY TO A PARTICIPANT IN AN AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY RESULTING FROM THE INHERENT RISKS OF THE AGRICULTURAL RECREATION OR AGRITOURISM ACTIVITY, PURSUANT TO SECTION 13-21-121, COLORADO REVISED STATUTES.
(II) The text on the sign must be in black letters at least one inch in height.
Source: L. 2003: Entire section added, p. 1742, � 1, effective July 1. L. 2014:
Entire section amended, (HB 14-1280), ch. 354, p. 1649, � 1, effective July 1. L. 2018: (2)(b) amended, (HB 18-1023), ch. 55, p. 585, � 8, effective October 1. L. 2019: (2)(b) amended, (SB 19-224), ch. 315, p. 2936, � 12, effective January 1, 2020.
C.R.S. § 13-3-118
13-3-118. State court administrator - twenty-third judicial district county assistance - definition - repeal. (1) As used in this section, unless the context otherwise requires, eligible expenses means costs associated with establishing a district attorney's office in the twenty-third judicial district, including:
(a) For the 2023-24 state fiscal year, consulting fees and transition
contractor project management fees; and
(b) For the 2024-25 state fiscal year:
(I) Costs related to annual and sick leave payouts for staff to transition from
the eighteenth to the twenty-third judicial district; and
(II) Transition and implementation of information technology infrastructure,
equipment, and software; data preservation, separation, and migration; and information technology staff transition.
(2) From money appropriated by the general assembly, the state court
administrator's office shall reimburse counties of the current eighteenth judicial district for eligible expenses related to the creation of the twenty-third judicial district.
(3) This section is repealed, effective July 1, 2026.
Source: L. 2023: Entire section added, (SB 23-230), ch. 78, p. 281, � 1,
effective April 17.
C.R.S. § 13-5-201
13-5-201. District court magistrates. (1) District court magistrates may be appointed, subject to available appropriations, pursuant to section 13-3-105, if approved by the chief justice of the supreme court.
(2) A district court magistrate shall be a qualified attorney-at-law admitted
to practice in this state and in good standing. Nothing in this part 2 shall affect the qualifications of water referees appointed pursuant to section 37-92-203 (6), C.R.S.
(2.5) District court magistrates shall have the power to solemnize marriages
pursuant to the procedures in section 14-2-109, C.R.S.
(3) District court magistrates may hear such matters as are determined by
rule of the supreme court, subject to the provision that no magistrate may preside in any trial by jury.
(3.5) District court magistrates shall have the power to preside over matters
specified in section 13-17.5-105.
(4) For purposes of this part 2, the Denver probate court shall be regarded as
a district court.
Source: L. 83: Entire part added, p. 600, � 1, effective May 20. L. 89: (2.5)
added, p. 781, � 2, effective April 4. L. 91: Entire section amended, p. 354, � 2, effective April 9. L. 93: (2) amended, p. 1774, � 30, effective June 6. L. 95: (3.5) added, p. 480, � 2, effective July 1.
Cross references: For magistrates in the small claims division of county
courts, see � 13-6-405; for magistrates in county courts, see part 5 of article 6 of this title.
PART 3
FAMILY LAW MAGISTRATES
13-5-301 to 13-5-305. (Repealed)
Source: L. 2004: Entire part repealed, p. 224, � 1, effective July 1.
Editor's note: This part 3 was added in 1985. For amendments to this part 3
prior to its repeal in 2004, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 5.3
Commission on Judicial Discipline
13-5.3-101. Definitions. As used in this article 5.3, unless the context
otherwise requires:
(1) Attorney means a person admitted to practice law before the courts of
this state.
(2) Code means the Colorado code of judicial conduct.
(3) Commission means the commission on judicial discipline, established
pursuant to section 23 (3) of article VI of the Colorado constitution.
(4) Commissioner means an appointed member of the commission on
judicial discipline or a special member appointed pursuant to section 23 (3)(a) of article VI of the Colorado constitution.
(5) Complaint means information in any form from any source that alleges
or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated.
(6) Department means the Colorado state judicial department and all its
subparts, such as the office of the state court administrator; the office of the chief justice of the supreme court; the judicial districts and their administrations, including chief judges and district administrators; the human resources department; and other administrative subparts.
(7) Executive director means the executive director of the office of judicial
discipline appointed pursuant to section 13-5.3-103.
(8) Fund means the commission on judicial discipline special cash fund,
created in section 13-5.3-104.
(9) (a) Judge means any justice or judge of any court of record of this state
serving on a full-time, part-time, or senior basis.
(b) Judge also includes any justice or judge who has retired within the
jurisdictional limits for disciplinary proceedings established by this article 5.3, the commission, or the Colorado supreme court.
(c) Judge does not include municipal judges or magistrates, administrative
law judges, or Denver county court judges, who are subject to different disciplinary authorities.
(9.5) Judicial discipline adjudicative board means the judicial discipline
adjudicative board created pursuant to section 23 (3) of article VI of the Colorado constitution to conduct formal judicial disciplinary proceedings.
(10) Justice means a justice serving on the supreme court of Colorado on
either a full-time or senior basis.
(11) Misconduct means conduct by a judge that may reasonably constitute
grounds for discipline under the code, the Colorado rules of judicial discipline, or section 23 (3) of article VI of the Colorado constitution.
(12) Office means the office of judicial discipline established in section 13-5.3-103.
(13) Office of the state court administrator means the office created
pursuant to section 13-3-101 (1).
(13.5) Panel means a three-member panel of the judicial discipline
adjudicative board consisting of one judge, one attorney licensed to practice in Colorado, and one citizen, convened pursuant to section 23 (3) of article VI of the Colorado constitution upon an order of a formal hearing or to hear an appeal of an order of informal remedial action.
(14) Rules means the Colorado rules of judicial discipline.
(15) Supreme court means the supreme court of the state of Colorado
established pursuant to article VI of the Colorado constitution.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1345, � 2,
effective May 20. L. 2023: (9.5) and (13.5) added, (HB 23-1019), ch. 366, p. 2198, � 1, effective December 17, 2024 (see editor's note).
Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,
provides that subsections (9.5) and (13.5) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:
FOR: 2,150,820
AGAINST: 793,642
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-102. Commission on judicial discipline - powers and duties. (1)
Pursuant to section 23 (3) of article VI of the Colorado constitution, the Colorado commission on judicial discipline is established as an independent commission housed within the department.
(2) (a) Members of the commission are appointed and serve pursuant to
section 23 (3)(a) and (3)(b) of article VI of the Colorado constitution.
(b) (I) The supreme court shall select the members of the commission who
are judges of the district courts and judges of county courts from among the nominee pools created by the state court administrator pursuant to subsection (2)(b)(II) of this section; except that when making its selections, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county.
(II) (A) Upon a vacancy of a district judge member of the commission, the
state court administrator shall create a district judge nominee pool that consists of ten district judges randomly selected by the state court administrator, or the administrator's designee, from among all district judges of the state not currently a member of the commission.
(B) Upon a vacancy of a county judge member of the commission, the state
court administrator shall create a county judge nominee pool that consists of ten county judges randomly selected by the state court administrator, or the administrator's designee, from among all county judges of the state not currently a member of the commission.
(C) When creating the nominee pool, the state court administrator or the
administrator's designee shall only include judges who do not have a current disciplinary investigation or proceeding pending before the commission or judicial discipline adjudicative board; have not received a disciplinary sanction from the commission, judicial discipline adjudicative board, or supreme court; and are not otherwise required by law, court rule, or judicial canon to recuse themselves from the commission. The random selection of judges to a nominee pool is a purely administrative function.
(3) The commission shall:
(a) Investigate and resolve requests for evaluation of potential judicial
misconduct in accordance with the Colorado constitution, the rules, and this article 5.3;
(b) Appoint an executive director of the office of judicial discipline;
(c) Establish positions, roles, and minimum starting salaries for employees of
the office;
(d) Hire employees of the office who serve at the pleasure of the
commission. Employees of the office may include clerical assistants; attorneys who serve as special counsel; and investigators.
(e) Employ attorneys or appoint outside special counsel pursuant to sections
24-31-101 (1)(g) and 24-31-111 who serve at the pleasure of the commission; assign duties to special counsel at the discretion of the commission, which may include serving as representatives of the people of the state of Colorado in formal proceedings; and determine the compensation of special counsel; and
(f) Approve a budget for the commission and the office and assist the
executive director in managing the office and providing fiscal oversight of the office's operating budget.
(4) Commissioners are immune from suit in any action, civil or criminal, based
upon official acts performed in good faith as commissioners consistent with the Colorado Governmental Immunity Act, article 10 of title 24.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, � 2,
effective May 20. L. 2023: (2) amended, (HB 23-1019), ch. 366, p. 2198, � 2, effective December 17, 2024 (see editor's note).
Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,
provides that amendments to subsection (2) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:
FOR: 2,150,820
AGAINST: 793,642
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-103. Office of judicial discipline - created - executive director -
duties - oversight. (1) (a) The office of judicial discipline is established as an independent office housed within the department. The commission shall oversee the office.
(b) Subject to the commission's supervision, the office shall:
(I) Staff and support the commission's operations. The initial staffing
includes the executive director, a full-time administrative support person, an attorney, and an investigator.
(II) Receive requests for evaluation involving justices and judges;
(III) Conduct public education efforts concerning the judicial discipline
process and the recommendations made by the commission;
(IV) Engage in and provide educational background to the public, the
department, judicial nominating commissions, and judicial performance commissions regarding the requirements of the code and the commission; and
(V) Complete any other duties as assigned by the commission.
(2) (a) The commission shall appoint an executive director of the office. The
executive director:
(I) Shall be admitted to practice law in the courts of this state and have
practiced law in this state for at least ten years;
(II) Shall not be involved in the private practice of law while serving as the
executive director; and
(III) Shall not appear as an attorney before the commission for a period of
five years following service as the executive director.
(b) The executive director serves at the pleasure of the commission. The
executive director's compensation is the same as the compensation the general assembly establishes for district court judges. The executive director shall hire additional staff for the office as necessary and as approved by the commission.
(c) The executive director has the following duties:
(I) Establish and maintain a permanent office;
(II) Respond to inquiries about the commission or the code;
(III) Advise the commission on the application and interpretation of the code
and the rules;
(IV) Process requests for evaluation of judicial conduct;
(V) Conduct or supervise evaluations and investigations as directed by the
commission;
(VI) Advise the commission as to potential dispositional recommendations as
may be requested by the commission;
(VII) Maintain commission records;
(VIII) Maintain statistics concerning the operation of the commission and
make them available to the commission;
(IX) Prepare the commission's budget and, once approved by the
commission, submit it to the joint budget committee of the general assembly;
(X) Administer commission money and resources, including money in the
commission on judicial discipline special cash fund;
(XI) Supervise commission staff;
(XII) Notify the appropriate appointing authority of vacancies on the
commission;
(XIII) Assist the commission in preparing an annual report of the
commission's activities for presentation to the commission, the supreme court, and the public;
(XIV) Supervise special counsel, investigators, other experts, or personnel as
directed by the commission, as they investigate and process matters before the commission and before the supreme court; and
(XV) Perform such other duties as required by the rules, this article 5.3, the
rules promulgated by the commission, or the commission.
(3) The department shall provide the commission and the office with office
space in the Ralph L. Carr Colorado judicial center.
(4) Repealed.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, � 2,
effective May 20. L. 2023: (3) amended and (4) added, (SB 23-228), ch. 96, p. 361, � 2, effective April 20.
Editor's note: Subsection (4)(b) provided for the repeal of subsection (4),
effective July 1, 2024. (See L. 2023, p. 361.)
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-104. Commission on judicial discipline special cash fund -
acceptance of federal funds - general appropriations. (1) The commission is authorized to accept any federal funds made available for any purpose consistent with the provisions of this article 5.3.
(2) Any money received pursuant to this section must be transmitted to the
state treasurer, who shall credit the same to the commission on judicial discipline special cash fund, which is created in the state treasury.
(3) Any expenses, attorney fees, or costs recovered pursuant to this article
5.3 must be transmitted to the state treasurer, who shall credit the same to the fund.
(4) Money in the fund is continuously appropriated to the commission for the
purposes specified in subsection (6) of this section.
(5) Any interest derived from the deposit and investment of money in the
fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.
(6) Money in the fund may be used for payment of the expenses for
evaluations, investigations, formal proceedings, or special projects that the commission has determined are to be undertaken by personnel other than or in addition to those employed by the office.
(7) For the state fiscal year 2022-23, the general assembly shall appropriate
from the general fund to the fund four hundred thousand dollars. In each subsequent fiscal year, the general assembly shall appropriate sufficient money to the fund so that it begins the fiscal year with not less than four hundred thousand dollars.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1349, � 2,
effective May 20.
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-105. Information-sharing with judicial oversight entities - legislative
declaration. (1) The general assembly finds and declares that:
(a) Several entities within the department share a role in the oversight of the
judiciary and, as a result, often become aware of and involved in investigations that relate to matters that may come before the commission, including the office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel, collectively referred to in this section as judicial oversight entities; and
(b) In order for the commission and the judicial oversight entities to properly
perform their functions, they need to be able to share relevant information and documents while maintaining their respective rules of confidentiality.
(2) When requested by a judicial oversight entity, the commission may
provide the disciplinary record of a judge or justice to the requesting entity. The judicial oversight entity shall keep the information confidential to the same extent that the commission is required to do so pursuant to the state constitution and the rules.
(3) (a) When a judicial oversight entity receives information indicating or
alleging potential judicial misconduct, the entity shall share the portion of the complaint alleging judicial misconduct with the commission within a reasonable time. Thereafter, the commission may request further material or information that the oversight entity holds relating to the allegation of judicial misconduct. The judicial oversight entity shall provide the requested material or information to the commission within fourteen calendar days after the commission's request. A judicial oversight entity may not withhold requested material or information through a claim of privilege or confidentiality that it holds. Any information or materials received from the entity are subject to the commission's rules of confidentiality.
(b) A provision in a contract, including in a nondisclosure agreement, entered
into after August 7, 2023, that prohibits a judicial oversight entity from disclosing to the commission information described in this subsection (3) is void as against public policy and is unenforceable.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1350, � 2,
effective May 20. L. 2023: (3) amended, (HB 23-1019), ch. 366, p. 2199, � 3, effective August 7.
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-106. Information-sharing within the judicial department - legislative
declaration. (1) The general assembly finds and declares that:
(a) Offices or personnel within the department are often the first to receive
complaints;
(b) The department often holds evidentiary materials relating to potential
misconduct and often develops evidence, through investigations or otherwise, relating to such potential misconduct;
(c) The commission cannot fully pursue its constitutional mandate unless all
information relevant to a complaint available to the department is freely and promptly shared with the commission; and
(d) The credibility of the judiciary and judicial discipline are best served by
the department promptly sharing with the commission all information and materials available to the department relevant to a complaint or potential misconduct.
(2) The department shall ensure that if any member of the department,
including members of the office of the state court administrator, the office of the chief justice, chief judges, district administrators, the human resources department, administrative personnel, judicial districts, clerks of court, and others, receives a complaint from an employee, volunteer, or contractor for the department, the department shall:
(a) Document both the receipt of the complaint and the department's
handling of the complaint, including any investigation that may be conducted, and maintain such documentation for as long as the subject of the complaint is a judge, plus three calendar years;
(b) Within not more than thirty-five days after receipt of the complaint, notify
the office of the complaint and provide the office with all information within the custody or control of the department related to the complaint, including:
(I) Identification of potential witnesses;
(II) A list of any evidence held or known;
(III) Access to all evidence, including administrative files, digital data, digital
or paper case files, recordings and transcripts, communications, and metadata, without charge; and
(IV) Any department investigative materials that may exist, including any
investigative or action plans; and
(c) Notify any person supplying any information concerning a complaint, and
any witness interviewed, of the following:
(I) The existence, role, independence from the department, and process of
communicating with the commission;
(II) That information given to the commission is confidential unless and until
a recommendation is made to the supreme court;
(III) Rule 2.16 (B) of the code prohibiting retaliation against any person
assisting the commission;
(IV) That the department has a duty to disclose all information related to
potential judicial misconduct to the commission; and
(V) That the department is prohibited from discouraging a person from
sharing information with the commission, including entering into a nondisclosure agreement that would have that effect.
(3) The department's duties of disclosure arise when the department
receives a complaint.
(4) If the department receives a complaint alleging judicial misconduct from
an individual or entity that is not an employee, volunteer, or contractor for the department, the department shall notify the complainant of the role of the commission and provide the complainant with the commission's contact information. If the complainant submits written or electronic materials in connection with a complaint, the department shall forward those materials to the commission. Each judicial district, the appellate courts, and the state court administrator's office shall adopt a written policy to implement this provision.
(5) The duties to document and disclose potential judicial misconduct and
related information continue when the department receives additional information.
(6) (a) The department shall:
(I) Adopt procedures and policies to implement the duties stated in this
section and to educate department personnel about these duties; and
(II) Cooperate with any request from the commission for information related
to evaluating a complaint and supply requested information or materials within a reasonable time of not more than thirty-five days after the date of request.
(b) The department shall not:
(I) Adopt any policy or enter into any contract that purports to impede
disclosure of information related to potential judicial misconduct to the commission. The department shall not discourage any person or entity from cooperating with the commission or disclosing information to the commission.
(II) Withhold from the commission disclosure of materials or information for
any of the following reasons:
(A) A claim of privilege held by the department, including attorney-client,
attorney work product, judicial deliberation, or other claim of privilege;
(B) A claim of confidentiality;
(C) A claim of contractual right or obligation arising after May 20, 2022, not
to disclose information, including a nondisclosure agreement; or
(D) A claim that any records are part of a state auditor fraud hotline
investigation or report; and
(III) Retaliate, directly or indirectly, against any person communicating with
the commission regarding potential judicial misconduct or its examination, any person seeking to comply with the documentation and disclosure obligations of this section, or any person otherwise assisting or suspected of assisting the commission to fulfill its constitutional mandate or its role in judicial oversight.
(c) The department and the office of attorney regulation counsel will respect
the confidentiality of the commission's communications and records.
(d) Notwithstanding subsection (6)(b)(II) of this section, the department may
withhold from disclosure to the commission materials and information whose disclosure is prohibited by federal law, information covered by judicial deliberation privilege, and materials and information in the department's custody or control through an established and confidentiality-based mental health or professional development program. For any materials or information withheld by the department under this subsection (6)(d), the department shall disclose to the commission the nature of the materials withheld, the reason the items are withheld, and, if requested by the commission, a privilege or confidentiality log compliant with the standards governing civil litigation discovery.
(e) The timely disclosure to the commission of information or materials
pursuant to this section by the department does not, by itself, waive any otherwise valid claim of privilege or confidentiality held by the department. When the department discloses materials or information it asserts is privileged or confidential, the department and the commission shall enter an agreement under Rule 502 of the Colorado rules of evidence implementing this subsection (6)(e), in which the department and the commission agree that the disclosure does not waive, by itself, any otherwise valid claim of privilege or confidentiality held by the department, and that the commission shall hold the materials and information as confidential under the commission's procedures and not disclose privileged or confidential information to a third party except as may be required through the investigative and disciplinary process. The department and the commission may add further terms to address the individual circumstances of the matter if they agree.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1351, � 2,
effective May 20.
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-107. Rule-making. (1) Section 23 (3) of article VI of the Colorado
constitution establishes a rule-making committee to propose rules for the commission and the judicial discipline adjudicative board. In exercising its authority, the rule-making committee shall provide the commission and the judicial discipline adjudicative board reasonable notice before proposing any new rule or amendment.
(2) Whenever the rule-making committee proposes a rule, the committee
shall post notice of the proposed rule, allow for a period for public comment, and give the public an opportunity to address the committee concerning the proposed rule at a public hearing.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, � 2,
effective May 20. L. 2023: Entire section amended, (HB 23-1019), ch. 366, p. 2200, � 4, effective December 17, 2024 (see editor's note).
Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,
provides that amendments to this section are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:
FOR: 2,150,820
AGAINST: 793,642
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-108. Reporting requirements - State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act report - annual report. (1) The commission shall gather and maintain annual data and statistics on the following information:
(a) The number of requests for evaluation received, the number of other
allegations of judicial misconduct received regardless of form, and the number of requests for evaluation that the commission dismissed because it lacks jurisdiction over the judge or conduct that is the subject of the complaint;
(b) The number of judicial misconduct investigations performed, the types of
complaints investigated, and the results of the investigations;
(c) The types of judicial misconduct complaints reviewed by the commission
following an investigation, the number of reviewed complaints that were substantiated, and the number of reviewed complaints that were not substantiated;
(d) The number of formal proceedings pursued;
(e) The number and types of dispositions entered, including the type of any
discipline imposed or recommended; and
(f) The demographics, including the gender, age, race, ethnicity, or disability,
of judges under discipline or investigation and those directly affected by the potential misconduct.
(2) Beginning January 2023, and every January thereafter, the commission
shall report on the activities of the commissioners to the committees of reference of the general assembly as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203.
(3) (a) The commission shall make the information described in subsection (1)
of this section available online in a searchable format and include the information in its annual report. The commission shall report and make the information available in aggregate form and without individually identifiable information concerning a judge, complainant, or witness.
(b) Nothing in this subsection (3) requires the commission to make publicly
available any information it is required to keep confidential pursuant to the Colorado constitution or law.
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, � 2,
effective May 20. L. 2023: (1) amended and (3) added, (HB 23-1019), ch. 366, p. 2200, � 5, effective August 7.
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-109. Representation by attorney general. (1) Pursuant to section 24-31-111, the attorney general shall provide legal services, as defined in section 24-31-111 (6)(a), to the commission and the office. The attorney general shall designate
one or more assistant attorneys general to provide such legal services. Any assistant attorneys general shall not be within the same unit, section, or division of the Colorado department of law that provides legal services to the judicial department.
(2) This section does not limit the commission's or office's authority to hire
attorneys to serve as special counsel pursuant to section 13-5.3-102 (3)(d).
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, � 2,
effective May 20.
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-110. Legislative interim committee on judicial discipline - creation.
(Repealed)
Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1355, � 2,
effective May 20. L. 2023: Entire section repealed, (HB 23-1019), ch. 366, p. 2201, � 6, effective August 7.
Cross references: For the legislative declaration in SB 22-201, see section 1
of chapter 201, Session Laws of Colorado 2022.
13-5.3-111. Requests for evaluation - manner - confidential requests. (1) In
addition to any other method permitted by the commission or office, a person may submit a request for evaluation by mail or online. The office shall develop an online request for evaluation form that is accessible from the commission's public website.
(2) The commission and office shall permit a person to submit a confidential
or anonymous request for evaluation.
Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, � 7,
effective August 7.
13-5.3-112. Complainant notification - point of contact. (1) Upon receipt of a
complaint, the office shall explain to the complainant the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process.
(2) The office shall designate a point of contact to keep complainants
apprised of the status of the complainant's complaint, including periodic updates related to the complaint and timely notice of the outcome of the investigation of the complaint and the disciplinary or adjudicative process. Updates must include, but are not limited to, information about the following:
(a) Dismissal of a complaint;
(b) Completion of an investigation;
(c) Scheduling of any hearings;
(d) Results of any hearings;
(e) Imposition of any remedial measures or sanctions; and
(f) Appeal of any remedial measures or sanctions.
(3) If a complaint is dismissed because it is outside the commission's
jurisdiction, the office shall provide an explanation of the dismissal to the complainant.
Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, � 8,
effective August 7.
13-5.3-113. Judicial discipline adjudicative board - administrative support.
When a panel of the judicial discipline adjudicative board convenes pursuant to section 23 (3) of article VI of the Colorado constitution, the judge member of the panel is responsible for providing administrative support necessary to facilitate the panel's hearings. With any necessary approval from the chief judge of a district court, the panel judge may use the judge's own staff to provide the administrative support or, if necessary, staff of other judges in the judge's district or another district may provide the support. Staff from the same district as the respondent judge in the proceeding shall not provide administrative support to the panel.
Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, � 9,
effective December 17, 2024 (see editor's note).
Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,
provides that this section is effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:
FOR: 2,150,820
AGAINST: 793,642
ARTICLE 5.5
Commissions on Judicial
Performance
Editor's note: This article 5.5 was added in 1988. It was repealed and
reenacted in 2017, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 5.5 prior to 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 5.5, see the comparative tables located in the back of the index.
13-5.5-101. Legislative declaration. (1) It is the intent of the general
assembly to provide:
(a) A comprehensive evaluation system of judicial performance;
(b) Information to the people of Colorado regarding the performance of
judges and justices throughout the state; and
(c) Transparency and accountability for judges and justices throughout the
state of Colorado.
(2) Therefore, the general assembly finds and declares that it is in the public
interest and is a matter of statewide concern to:
(a) Provide judges and justices with useful information concerning their own
performances, along with training resources to improve judicial performance as necessary;
(b) Establish a comprehensive system of evaluating judicial performance to
provide persons voting on the retention of judges and justices with fair, responsible, and constructive information about individual judicial performance;
(c) Establish an independent office on judicial performance evaluation with
full authority to implement the provisions of this article 5.5; and
(d) Conduct statewide judicial performance evaluations, as well as judicial
performance evaluations within each judicial district, using uniform criteria and procedures pursuant to the provisions of this article 5.5.
Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1765, � 1,
effective August 9. L. 2019: (1)(b), (1)(c), (2)(a), and (2)(b) amended, (SB 19-187), ch. 374, p. 3396, � 1, effective May 30.
Editor's note: This section is similar to former � 13-5.5-101 as it existed prior
to 2017.
13-5.5-102. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) Attorney means a person admitted to practice law before the courts of
this state.
(2) Commission means both the state and district commissions on judicial
performance, established in section 13-5.5-104, unless the usage otherwise specifies the state commission or a district commission.
(3) Commissioner means an appointed member of the state commission or
one of the district commissions on judicial performance established in section 13-5.5-104.
(4) Department means the state judicial department.
(5) Executive director means the executive director of the office on judicial
performance evaluation created in section 13-5.5-103.
(6) Fund means the state commission on judicial performance cash fund,
created in section 13-5.5-115.
(7) Improvement plan means an individual judicial improvement plan
developed and implemented pursuant to section 13-5.5-110.
(8) Interim evaluation means an interim evaluation conducted by a
commission pursuant to section 13-5.5-109 during a full term of office of a justice or judge.
(9) Judge includes all active judges.
(10) Justice means a justice serving on the supreme court of Colorado.
(11) Office means the office on judicial performance evaluation created in
section 13-5.5-103.
(12) Retention year evaluation means a judicial performance evaluation
conducted by a commission pursuant to section 13-5.5-108 of a justice or judge whose term is to expire and who must stand for retention election.
(13) Repealed.
(14) Volunteer courtroom observer program means a systemwide program
comprised of volunteers who provide courtroom observation reports for use by state and district commissions in judicial performance evaluations. The state commission shall develop rules, guidelines, and procedures for the volunteer courtroom observer program pursuant to section 13-5.5-105 (2)(i).
Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1766, � 1,
effective August 9. L. 2019: (9) amended and (13) repealed, (SB 19-187), ch. 374, p. 3397, � 2, effective May 30.
13-5.5-103. Office on judicial performance evaluation - executive director -
duties - oversight. (1) The office on judicial performance evaluation is established in the judicial department. The state commission on judicial performance, established pursuant to section 13-5.5-104, shall oversee the office.
(2) The state commission shall appoint an executive director of the office.
The executive director serves at the pleasure of the state commission. The executive director's compensation is the same as that which the general assembly establishes for a judge of the district court. The state commission shall not reduce the executive director's compensation during the time that he or she serves as executive director. The executive director shall hire additional staff for the office as necessary and as approved by the state commission.
(3) Subject to the state commission's supervision, the office shall:
(a) Staff the state and district commissions when directed to do so by the
state commission;
(b) Train state and district commissioners as needed and requested;
(c) Collect and disseminate data on judicial performance evaluations,
including judicial performance surveys developed, collected, and distributed, pursuant to section 13-5.5-105 (2);
(d) Conduct public education efforts concerning the judicial performance
evaluation process and the recommendations made by the state and district commissions;
(e) Measure public awareness of the judicial performance evaluation process
through regular polling; and
(f) Complete any other duties as assigned by the state commission.
(4) Office expenses are paid for from the state commission on judicial
performance cash fund created pursuant to section 13-5.5-115.
Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1767, � 1,
effective August 9.
Editor's note: This section is similar to former � 13-5.5-101.5 as it existed
prior to 2017.
13-5.5-104. State commission on judicial performance - district
commissions on judicial performance - established - membership - terms - immunity - conflicts - repeal. (1) The state commission on judicial performance is established, and a district commission on judicial performance is established in each judicial district of the state. In appointing the membership of each commission, the appointing entities must, to the extent practicable, include persons from throughout the state or judicial district and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state or district. Justices and judges actively performing judicial duties may not be appointed to serve on a commission. Former justices and judges are eligible to be appointed as attorney commissioners; except that a former justice or judge may not be assigned or appointed to perform judicial duties while serving on a commission.
(2) Repealed.
(3) (a) The state commission consists of eleven members appointed as
follows:
(I) The speaker of the house of representatives shall appoint one attorney
and one nonattorney;
(II) The minority leader of the house of representatives shall appoint one
nonattorney;
(III) The president of the senate shall appoint one attorney and one
nonattorney;
(IV) The minority leader of the senate shall appoint one nonattorney;
(V) The chief justice of the supreme court shall appoint two attorneys; and
(VI) The governor shall appoint two nonattorneys and one attorney.
(b) and (c) Repealed.
(4) (a) Each district commission consists of ten members appointed as
follows:
(I) The speaker of the house of representatives shall appoint one attorney
and one nonattorney;
(II) The president of the senate shall appoint one attorney and one
nonattorney;
(III) The minority leader of the house of representatives shall appoint one
nonattorney;
(IV) The minority leader of the senate shall appoint one nonattorney;
(V) The chief justice of the supreme court shall appoint two attorneys; and
(VI) The governor shall appoint two nonattorneys.
(b) and (c) Repealed.
(4.5) (a) The twenty-third judicial district commission on judicial
performance, referred to in this subsection (4.5) as the twenty-third judicial district commission, is established on December 1, 2025. Members of the twenty-third judicial district commission are appointed pursuant to subsection (4)(a) of this section; except that a person serving as a member of the eighteenth judicial district commission on judicial performance during 2025 who resides within the twenty-third judicial district may be appointed to serve on the twenty-third judicial district commission, and if such a person is appointed, the person's term on the twenty-third judicial district commission continues for the remainder of the term to which the person was originally appointed for the eighteenth judicial district commission on judicial performance.
(b) Notwithstanding subsection (5)(a) of this section, the initial terms of the
following members of the twenty-third judicial district commission expire on November 30, 2027:
(I) The nonattorney appointed by the speaker of the house of representatives
pursuant to subsection (4)(a)(I) of this section;
(II) The nonattorney appointed by the minority leader of the house of
representatives pursuant to subsection (4)(a)(III) of this section;
(III) The nonattorney appointed by the president of the senate pursuant to
subsection (4)(a)(II) of this section;
(IV) One of the attorneys appointed by the chief justice of the supreme court
pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and
(V) One of the nonattorneys appointed by the governor pursuant to
subsection (4)(a)(VI) of this section as designated by the governor.
(c) The initial terms of the following members of the twenty-third judicial
district commission expire on November 30, 2029:
(I) The attorney appointed by the speaker of the house of representatives
pursuant to subsection (4)(a)(I) of this section;
(II) The attorney appointed by the president of the senate pursuant to
subsection (4)(a)(II) of this section;
(III) The nonattorney appointed by the minority leader of the senate pursuant
to subsection (4)(a)(IV) of this section;
(IV) One of the attorneys appointed by the chief justice of the supreme court
pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and
(V) One of the nonattorneys appointed by the governor pursuant to
subsection (4)(a)(VI) of this section as designated by the governor.
(d) During 2025, members of the eighteenth judicial district commission on
judicial performance serving on June 2, 2025, shall conduct the interim evaluations pursuant to section 13-5.5-109 for judges of both the eighteenth judicial district and the twenty-third judicial district.
(e) This subsection (4.5) is repealed, effective July 1, 2028.
(5) (a) The term for a commissioner is four years and expires on November 30
of an odd-numbered year. The term of a commissioner appointed to replace a member at the end of the commissioner's term begins on December 1 of the same year.
(b) The original appointing authority shall fill any vacancy on a commission,
but a commissioner shall not serve more than two full terms including any balance remaining on an unexpired term if the initial appointment was to fill a vacancy. Within five days after a vacancy arises on a commission, the commission with the vacancy shall notify the original appointing authority of the vacancy. The original appointing authority shall make an appointment within forty-five days after the date of the vacancy. If the original appointing authority fails to make the appointment within forty-five days after the date of the vacancy, the state commission shall make the appointment.
(c) The appointing authority may remove a commissioner whom he or she
appointed for cause.
(6) Each commission shall elect a chair every two years by a vote of the
membership.
(7) State and district commissioners and employees of the state or a district
commission are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners and employees of the state or a district commission.
(8) A commissioner shall recuse himself or herself from an evaluation of the
person who appointed the commissioner to the commission.
Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1768, � 1,
effective August 9. L. 2019: (5)(b) amended, (SB 19-187), ch. 374, p. 3397, � 3, effective May 30. L. 2025: IP(3)(a) and IP(4)(a) amended, (3)(b), (3)(c), (4)(b), and (4)(c) repealed, and (4.5) added, (HB 25-1298), ch. 354, p. 1910, � 1, effective June 2.
Editor's note: (1) This section is similar to former �� 13-5.5-102 and 13-5.5-104 as they existed prior to 2017.
(2) Subsection (2)(c) provided for the repeal of subsection (2), effective
January 31, 2019. (See L
C.R.S. § 13-50-105
13-50-105. Actions by and against partnerships and associations - what property bound by judgment. A partnership or other unincorporated association may sue or be sued in an action in its common name to enforce for or against it a substantive right; except that in such action only the property of the partnership or other unincorporated association, the joint property of the associates, and the separate property of any individual member thereof who is named as a party individually and over whom individually the court has acquired jurisdiction either by entry of appearance or by service of process may be bound by the judgment therein.
Source: L. 55: p. 497, � 1. CRS 53: � 76-1-6. C.R.S. 1963: � 76-1-6.
Cross references: For judgment against partnership, see C.R.C.P. 54(e).
ARTICLE 50.5
Uniform Contribution Among
Tortfeasors
Law reviews: For article, The Apportionment of Tort Responsibility, see 14
Colo. Law. 741 (1985); for article, Legal Aspects of Health and Fitness Clubs: A Healthy and Dangerous Industry, see 15 Colo. Law. 1787 (1986); for article, Set-Off Under the Contribution and Collateral Source Statutes, see 21 Colo. Law. 1421 (1992).
13-50.5-101. Short title. This article shall be known and may be cited as the
Uniform Contribution Among Tortfeasors Act.
Source: L. 77: Entire article added, p. 808, � 1, effective July 1.
13-50.5-102. Right to contribution - contract or agreement provision to
indemnify or hold harmless void against public policy. (1) Except as otherwise provided in this article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
(2) The right of contribution exists only in favor of a tortfeasor who has paid
more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.
(3) There is no right of contribution in favor of any tortfeasor who has
intentionally, willfully, or wantonly caused or contributed to the injury or wrongful death.
(4) A tortfeasor who enters into a settlement with a claimant is not entitled
to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(5) A liability insurer, who by payment has discharged in full or in part the
liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
(6) This article does not impair any right of indemnity under existing law.
Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
(7) This article shall not apply to breaches of trust or of other fiduciary
obligation.
(8) (a) Any public contract or agreement for architectural, engineering, or
surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction that contains a covenant, promise, agreement, or combination thereof to defend, indemnify, or hold harmless any public entity is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the indemnity obligor or the indemnity obligor's agents, representatives, subcontractors, or suppliers. Any such covenant, promise, agreement, or combination thereof requiring an indemnity obligor to defend, indemnify, or hold harmless any public entity from that public entity's own negligence is void as against public policy and wholly unenforceable.
(b) This subsection (8) shall not apply to construction bonds, contracts of
insurance, or insurance policies that provide for the defense, indemnification, or holding harmless of public entities or contract clauses regarding insurance. This subsection (8) is intended only to affect the contractual relationship between the parties relating to the defense, indemnification, or holding harmless of public entities, and nothing in this subsection (8) shall affect any other rights or remedies of public entities or contracting parties.
(c) If the indemnity obligor is a person or entity providing architectural,
engineering, surveying, or other design services, then the extent of an indemnity obligor's obligation to defend, indemnify, or hold harmless an indemnity obligee may be determined only after the indemnity obligor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the indemnity obligor and obligee.
Source: L. 77: Entire article added, p. 808, � 1, effective July 1. L. 87: (6)
amended, p. 1577, � 18, effective July 10. L. 88: (8) added, p. 404, � 2, effective May 17. L. 89: (8) amended, p. 760, � 1, effective March 15. L. 2015: (8) amended, (HB 15-1197), ch. 93, p. 265, � 1, effective September 1.
13-50.5-103. Pro rata shares. The relative degrees of fault of the joint
tortfeasors shall be used in determining their pro rata shares.
Source: L. 77: Entire article added, p. 809, � 1, effective July 1. L. 86: Entire
section amended, p. 681, � 2, effective July 1.
13-50.5-104. Enforcement. (1) Whether or not judgment has been entered in
an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(2) Where a judgment has been entered in an action against two or more
tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
(3) If there is a judgment for the injury or wrongful death against the
tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.
(4) If there is no judgment for the injury or wrongful death against the
tortfeasor seeking contribution, his right of contribution is barred unless he has either:
(a) Discharged by payment the common liability within the statute of
limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment; or
(b) Agreed while action is pending against him to discharge the common
liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(5) The recovery of a judgment for an injury or wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(6) The judgment of the court in determining the liability of the several
defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
Source: L. 77: Entire article added, p. 809, � 1, effective July 1.
13-50.5-105. Release or covenant not to sue. (1) When a release or a
covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for their
several pro rata shares of liability for the injury, death, damage, or loss unless its terms so provide; but it reduces the aggregate claim against the others to the extent of any degree or percentage of fault or negligence attributable by the finder of fact, pursuant to section 13-21-111 (2) or (3) or section 13-21-111.5, to the tortfeasor to whom the release or covenant is given; and
(b) It discharges the tortfeasor to whom it is given from all liability for
contribution to any other tortfeasor.
Source: L. 77: Entire article added, p. 810, � 1, effective July 1. L. 86: (1)(a)
amended, p. 681, � 3, effective July 1.
13-50.5-106. Uniformity of interpretation. This article shall be so
interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Source: L. 77: Entire article added, p. 810, � 1, effective July 1.
JUDGMENTS AND EXECUTIONS
ARTICLE 51
Declaratory Judgments
Law reviews: For article, Declaratory Judgment Actions to Resolve
Insurance Coverage Questions, see 18 Colo. Law. 2299 (1989).
C.R.S. § 13-54-104
13-54-104. Restrictions on garnishment and levy under execution or attachment - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Disposable earnings means that part of the earnings of any individual
remaining after the deduction from those earnings of any amounts required by law to be withheld and after the deduction of the cost of any health insurance provided by the individual pursuant to section 14-14-112 and the cost of any health insurance for the individual or members of the individual's household that is provided by the individual's employer and withheld from the individual's earnings. In the case of an order for the support of a spouse, former spouse, or dependent child, disposable earnings includes money voluntarily deposited in tax-deferred compensation funds.
(b) (I) Earnings means:
(A) Compensation paid or payable to an individual employee or independent
contractor for personal labor or services;
(B) Funds held in or payable from any health, accident, or disability
insurance.
(II) For the purposes of writs of garnishment that are the result of a
judgment taken for arrearages for child support or for child support debt, for restitution for the theft, embezzlement, misappropriation, or wrongful conversion of public property, or in the event of a judgment for a willful and intentional violation of fiduciary duties to a public pension plan where the offender or a related party received direct financial gain, earnings also means:
(A) Workers' compensation benefits;
(B) Any pension or retirement benefits or payments, including but not limited
to those paid pursuant to articles 51, 54, 54.5, and 54.6 of title 24, C.R.S., and articles 30.5 and 31 of title 31, C.R.S.;
(C) Dividends, severance pay, royalties, monetary gifts, monetary prizes,
excluding lottery winnings not required by the rules of the Colorado lottery commission to be paid only at the lottery office, taxable distributions from general partnerships, limited partnerships, closely held corporations, or limited liability companies, interest, trust income, annuities, capital gains, or rents;
(D) Any funds held in or payable from any health, accident, disability, or
casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages; and
(E) Tips declared by the individual for purposes of reporting to the federal
internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater.
(III) For the purposes of writs of garnishment issued by the state agency
responsible for administering the state medical assistance program, which writs are issued as a result of a judgment for medical support for child support or for medical support debt, earnings includes:
(A) Payments received from a third party to cover the health-care cost of the
child but which payments have not been applied to cover the child's health-care costs;
(A.5) Unemployment insurance benefits; and
(B) State tax refunds.
(IV) For the purposes of writs of garnishment issued by a county department
of human or social services responsible for administering the state public assistance programs, which writs are issued as a result of a judgment for a debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, or excess public assistance paid for which the recipient was ineligible, earnings includes workers' compensation benefits.
(V) For the purposes of attachments of earnings or writs of garnishment that
are the result of a judgment taken for court assessments including fines, fees, costs, restitution, and surcharges pursuant to section 16-11-101.6 or section 16-18.5-105, C.R.S., earnings also means those enumerated under subparagraph (I) of this paragraph (b).
(1.1) Repealed.
(2) (a) Except as provided in subsection (3) of this section, the maximum part
of the aggregate disposable earnings of an individual for any workweek that is subjected to garnishment or levy under execution or attachment may not exceed:
(I) For debts other than debts pursuant to subsection (2)(a)(II) of this section,
the lesser of:
(A) Twenty percent of the individual's disposable earnings for that week; or
(B) The amount by which the individual's disposable earnings for that week
exceed forty times the federal minimum hourly wage prescribed by 29 U.S.C. sec. 206 (a)(1) in effect at the time the earnings are payable; or
(C) The amount by which the individual's disposable earnings for that week
exceed forty times the state minimum hourly wage pursuant to section 15 of article XVIII of the state constitution in effect at the time the earnings are payable;
(D) Notwithstanding the provisions of subsections (2)(a)(I)(A), (2)(a)(I)(B), and
(2)(a)(I)(C) of this section, a judgment debtor may file a written objection pursuant to section 13-54.5-108 (1)(a), without the necessity of conferring with the garnishee, and seek a hearing pursuant to section 13-54.5-109 (1)(a). At the hearing the judgment debtor may establish that a greater portion of the judgment debtor's disposable earnings should be exempt from garnishment for the support of the judgment debtor or the judgment debtor's family supported, in whole or in part, by the judgment debtor. At such hearing, the court shall, pursuant to section 13-54.5-109 (2), determine whether the earnings of the judgment debtor following garnishment, together with any other income received by the judgment debtor's family, are insufficient to pay the actual and necessary living expenses of the judgment debtor or the judgment debtor and judgment debtor's family based upon proof of such expenses incurred during the sixty days prior to the hearing. In making this determination, the living expenses the court must consider include, but are not limited to, the following: Rent or mortgage; utilities; food and household supplies; medical and dental expenses; child care; clothing; education; transportation; and maintenance, alimony, or child support. If the court makes a determination of insufficiency, it shall order that more of the judgment debtor's disposable earnings should be exempt from garnishment than prescribed by subsections (2)(a)(I)(A), (2)(a)(I)(B), and (2)(a)(I)(C) of this section.
(II) For debts for fraudulently obtained public assistance or fraudulently
obtained overpayments collected pursuant to section 26-2-128 (1)(a), C.R.S., the lesser of:
(A) Thirty-five percent of the individual's disposable earnings for that week;
or
(B) The amount by which the individual's disposable earnings for that week
exceed thirty times the federal minimum hourly wage prescribed by section 206 (a)(1) of title 29 of the United States Code in effect at the time the earnings are payable; or
(C) The amount by which the individual's disposable earnings for that week
exceed thirty times the state minimum hourly wage pursuant to section 15 of article XVIII of the state constitution in effect at the time the earnings are payable.
(b) In the case of earnings for any pay period other than a week, a multiple of
the federal minimum hourly wage or the state minimum hourly wage, equivalent in effect to that set forth in paragraph (a) of this subsection (2) shall be used.
(3) (a) The restrictions of subsection (2) of this section do not apply in the
case of:
(I) Any order for the support of any person issued by a court of competent
jurisdiction or in accordance with an administrative procedure which is established by state law, which affords substantial due process, and which is subject to judicial review;
(II) Any order of any court of the United States having jurisdiction over cases
under chapter 13 of title 11 of the United States Code, the federal bankruptcy code of 1978;
(III) Any debt due for any state or federal tax.
(b) (I) The maximum part of the aggregate disposable earnings of an
individual for any workweek which is subject to garnishment or levy under execution or attachment to enforce any order for the support of any person shall not exceed:
(A) Where such individual is supporting his spouse or dependent child, other
than a spouse or child with respect to whose support such order is used, fifty percent of such individual's disposable earnings for that week; and
(B) Where such individual is not supporting a spouse or dependent child as
described in sub-subparagraph (A) of this subparagraph (I), sixty percent of such individual's disposable earnings for that week.
(II) With respect to the disposable earnings of any individual for any
workweek, the fifty percent specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b) shall be deemed to be fifty-five percent, and the sixty percent specified in sub-subparagraph (B) of subparagraph (I) of this paragraph (b) shall be deemed to be sixty-five percent if and to the extent that such earnings are subject to garnishment or wage assignment or income assignment or levy under execution or attachment to enforce a support order with respect to a period that is prior to the twelve-week period that ends with the beginning of such workweek.
(III) Notwithstanding the maximum part of the aggregate disposable
earnings of an individual which is subject to garnishment as provided in this paragraph (b), a debtor who is totally and permanently disabled and who establishes that at least seventy-five percent of his income is derived from any disability income or benefits may object to the amount of the aggregate disposable earnings subject to garnishment under this paragraph (b). The court, upon consideration of the circumstances of the parties, may provide for garnishment in an amount less than such maximum amounts.
(4) The restrictions established by this section shall be adhered to whether
or not the employer of the debtor is subject to garnishee process.
Source: L. 59: p. 532, � 4. CRS 53: � 77-13-4. C.R.S. 1963: � 77-2-4. L. 71: p.
853, � 2. L. 79: Entire section R&RE, p. 623, � 1, effective May 31. L. 80: (1)(b) amended, p. 613, � 2, effective April 10; (3)(a)(II) amended, p. 785, � 11, effective June 5. L. 85: (3)(b)(II) amended, p. 590, � 5, effective July 1. L. 87: (1)(b) amended, p. 595, � 22, effective July 10. L. 88: (1.1) added, p. 609, � 1, effective April 14; (3)(b)(III) added, p. 611, � 3, effective July 1. L. 90: (1)(b) amended, p. 564, � 32, effective July 1. L. 91: (1)(b) amended and (1.1) repealed, pp. 383, 384, �� 3, 4, effective May 1. L. 92: (1)(b) amended, p. 577, � 3, effective July 1; (1)(a) amended, p. 172, � 5, effective August 1. L. 93: (1)(b)(II) amended, p. 1871, � 3, effective June 6. L. 94: (1)(a) and (1)(b)(I)(A) amended, p. 1535, � 2, effective May 31; (1)(b)(II) amended, p. 2048, � 7, effective June 3; (1)(b) amended, p. 1594, � 3, effective July 1; (1)(b)(II) amended, p. 1252, � 4, effective July 1; (2)(a) amended, p. 2061, � 2, effective July 1. L. 96: (1)(b) and (3)(b)(II) amended, p. 590, � 1, effective July 1. L. 98: (1)(b)(II)(B) amended, p. 920 � 5, effective July 1. L. 99: (1)(b)(II)(B) amended, p. 620, � 13, effective August 4. L. 2005: IP(1)(b)(II) and (1)(b)(II)(B) amended, p. 71, � 1, effective August 8. L. 2006: (1)(b)(IV) added, p. 948, � 4, effective August 7. L. 2007: (2) amended, p. 877, � 5, effective July 1. L. 2009: (1)(b)(II)(B) amended, (SB 09-066), ch. 73, p. 259, � 23, effective July 1; (1)(b)(II)(B) amended, (SB 09-282), ch. 288, p. 1396, � 57, effective January 1, 2010. L. 2012: (1)(b)(V) added, (HB 12-1310), ch. 268, p. 1392, � 2, effective June 7. L. 2015: (1)(b)(I)(A) and (1)(b)(II)(C) amended, (SB 15-283), ch. 301, p. 1239, � 3, effective July 1. L. 2018: (1)(b)(IV) amended, (SB 18-092), ch. 38, p. 399, � 9, effective August 8. L. 2019: (1)(a), IP(2)(a), and (2)(a)(I) amended, (HB 19-1189), ch. 214, p. 2224, � 3, effective August 2.
Editor's note: (1) Amendments to subsection (1)(b) by Senate Bill 94-164,
Senate Bill 94-088, Senate Bill 94-141, and House Bill 94-1345 were harmonized.
(2) Amendments to subsection (1)(b)(II)(B) by Senate Bill 09-066 and Senate
Bill 09-282 were harmonized, effective January 1, 2010.
Cross references: For the legislative intent contained in the 2006 act
enacting subsection (1)(b)(IV), see section 8(2) of chapter 208, Session Laws of Colorado 2006. For the legislative declaration contained in the 2007 act amending subsection (2), see section 1 of chapter 226, Session Laws of Colorado 2007. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
C.R.S. § 13-54-107
13-54-107. Exemptions in bankruptcy. The exemptions provided in section 522 (d) of the federal bankruptcy code of 1978, title 11 of the United States Code, as amended, are denied to residents of this state. Exemptions authorized to be claimed by residents of this state shall be limited to those exemptions expressly provided by the statutes of this state.
Source: L. 81: Entire section added, p. 894, � 3, effective July 1.
ARTICLE 54.5
Garnishment
13-54.5-101. Definitions. As used in this article 54.5, unless the context
otherwise requires:
(1) Continuing garnishment means any procedure for payment of a
judgment debt by withholding earnings to which a judgment debtor becomes entitled for the duration of the writ of continuing garnishment.
(2) (a) Earnings means:
(I) Compensation paid or payable to an individual employee or independent
contractor for personal labor or services;
(II) Funds held in or payable from any health, accident, or disability
insurance.
(b) For the purposes of writs of garnishment that are the result of a
judgment taken for arrearages for child support or for child support debt, for restitution for the theft, embezzlement, misappropriation, or wrongful conversion of public property, or in the event of a judgment for a willful and intentional violation of fiduciary duties to a public pension plan where the offender or a related party received direct financial gain, earnings also means:
(I) Workers' compensation benefits;
(II) Any pension or retirement benefits or payments, including but not limited
to those paid pursuant to articles 51, 54, 54.5, and 54.6 of title 24, C.R.S., and articles 30.5 and 31 of title 31, C.R.S.;
(III) Dividends, severance pay, royalties, monetary gifts, monetary prizes,
excluding lottery winnings not required by the rules of the Colorado lottery commission to be paid only at the lottery office, taxable distributions from general partnerships, limited partnerships, closely held corporations, or limited liability companies, interest, trust income, annuities, capital gains, or rents;
(IV) Any funds held in or payable from any health, accident, disability, or
casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages; and
(V) Tips declared by the individual for purposes of reporting to the federal
internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater.
(c) For the purposes of writs of garnishment issued by the state agency
responsible for administering the state medical assistance program, which writs are issued as a result of a judgment for medical support for child support or for medical support debt, earnings includes:
(I) Payments received from a third party to cover the health-care cost of the
child but which payments have not been applied to cover the child's health-care costs; and
(II) State tax refunds.
(d) For the purposes of writs of garnishment issued by a county department
of human or social services responsible for administering the state public assistance programs and the Colorado child care assistance program, which writs are issued as a result of a judgment for a debt for fraudulently obtained public assistance or child care assistance, fraudulently obtained overpayments of public assistance or child care assistance, or excess public assistance or child care assistance paid for which the recipient was ineligible, earnings includes workers' compensation benefits.
(e) For the purposes of attachments of earnings or writs of garnishment that
are the result of a judgment taken for court assessments including fines, fees, costs, restitution, and surcharges pursuant to section 16-11-101.6 or section 16-18.5-105, C.R.S., earnings also means those enumerated under paragraph (a) of this subsection (2).
(3) Garnishee means a person other than a judgment creditor or judgment
debtor who is in possession of earnings or property of the judgment debtor and who is subject to garnishment in accordance with the provisions of this article.
(4) Garnishment means any procedure through which the property or
earnings of an individual in the possession or control of a garnishee are required to be withheld for payment of a judgment debt.
(5) Judgment creditor means any individual, corporation, partnership, or
other legal entity that has recovered a money judgment against a judgment debtor in a court of competent jurisdiction.
(6) Judgment debtor means any person, including a corporation,
partnership, or other legal entity, who has a judgment entered against him in a court of competent jurisdiction.
(7) Notice of exemption and pending levy means the document required to
be served on the judgment debtor in any garnishment proceeding, except continuing garnishment, as soon as practicable following the service of the writ of garnishment on the garnishee. A notice of exemption and pending levy includes a statement that the judgment creditor intends to satisfy the judgment against the judgment debtor out of the judgment debtor's personal property held by a third party and that the judgment debtor has the right to claim certain property as exempt.
Source: L. 84: Entire article added, p. 469, � 1, effective January 1, 1985. L.
85: (7) amended, p. 582, � 1, effective May 3. L. 87: (2) amended, p. 595, � 23, effective July 10. L. 90: (2) amended, p. 564, � 33, effective July 1. L. 91: (2) amended, p. 384, � 5, effective May 1. L. 92: (2) amended, p. 577, � 4, effective July 1. L. 93: (2)(b) amended, p. 1871, � 4, effective June 6. L. 94: (2)(a)(I) amended, p. 1536, � 3, effective May 31; (2) amended, p. 1595, � 4, effective July 1; (2)(b) amended, p. 1252, � 5, effective July 1. L. 96: (2) amended, p. 591, � 2, effective July 1. L. 98: (2)(b)(II) amended, p. 920, � 6, effective July 1. L. 99: (2)(b)(II) amended, p. 620, � 14, effective August 4. L. 2005: IP(2)(b) and (2)(b)(II) amended, p. 71, � 2, effective August 8. L. 2006: (2)(d) added, p. 947, � 3, effective August 7. L. 2009: (2)(b)(II) amended, (SB 09-282), ch. 288, p. 1397, � 58, effective January 1, 2010. L. 2010: (2)(b)(II) amended, (HB 10-1422), ch. 419, p. 2068, � 23, effective August 11. L. 2012: (2)(e) added, (HB 12-1310), ch. 268, p. 1392, � 3, effective June 7. L. 2015: (1), (2)(a)(I), and (2)(b)(III) amended, (SB 15-283), ch. 301, p. 1239, � 4, effective July 1. L. 2018: IP and (2)(d) amended, (SB 18-092), ch. 38, p. 399, � 10, effective August 8. L. 2022: (2)(d) amended, (HB 22-1295), ch. 123, p. 828, � 28, effective July 1.
Editor's note: Amendments to subsection (2) by Senate Bill 94-088, Senate
Bill 94-164, and House Bill 94-1345 were harmonized.
Cross references: For the legislative intent contained in the 2006 act
enacting subsection (2)(d), see section 8(2) of chapter 208, Session Laws of Colorado 2006. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
13-54.5-102. Continuing garnishment - creation of lien. (1) In addition to
garnishment proceedings otherwise available pursuant to the laws of this state in any case in which a money judgment is obtained in a court of competent jurisdiction, the judgment creditor or its assignees are entitled, on notice to the judgment debtor required by section 13-54.5-105 (5)(b), to apply to the clerk of such court for garnishment against any garnishee. To the extent that the earnings are not exempt from garnishment, such garnishment is a lien and continuing levy upon the earnings due or to become due from the garnishee to the judgment debtor consistent and in accordance with the requirements of section 13-54.5-105 (6).
(2) Garnishment pursuant to subsection (1) of this section is a lien and
continuing levy against said earnings due for one hundred eighty-two days consistent and in accordance with the requirements of section 13-54.5-105 (6) or for one hundred eighty-two days following the expiration of any writs with a priority pursuant to section 13-54.5-104, but such lien is terminated earlier than one hundred eighty-two days if earnings are no longer due; the underlying judgment is vacated, modified, or satisfied in full; or the writ is dismissed; except that a continuing garnishment may be suspended for a specified period of time by the judgment creditor upon agreement with the judgment debtor, which agreement shall be in writing and filed by the judgment creditor with the clerk of the court in which the judgment was entered and a copy of which shall be delivered by the judgment creditor to the garnishee.
(2.5) A garnishee is not required to collect, possess, or control the judgment
debtor's tips, and any tips are not owed by a garnishee to a judgment creditor.
(3) Garnishment pursuant to subsection (1) of this section shall apply only to
proceedings against the earnings of a judgment debtor who is a natural person.
Source: L. 84: Entire article added, p. 470, � 1, effective January 1, 1985. L.
85: (1) amended, p. 582, � 2, effective May 3. L. 88: (1) and (2) amended, p. 610, � 1, effective July 1. L. 2001: (2) amended, p. 35, � 1, effective August 8. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 826, � 14, effective July 1. L. 2019: (1) and (2) amended and (2.5) added, (HB 19-1189), ch. 214, p. 2223, � 1, effective August 2.
13-54.5-103. Property or earnings subject to garnishment.
(1) Repealed.
(2) Any indebtedness, intangible personal property, or tangible personal
property capable of manual delivery, other than earnings, owned by the judgment debtor and in the possession and control of the garnishee at the time of service of the writ of garnishment upon the garnishee shall be subject to the process of garnishment.
(3) Notwithstanding the provisions of subsection (2) of this section, the
exemptions from garnishment required or allowed by law, including but not limited to exemptions provided by sections 13-54-102 and 13-54-104 and 15 U.S.C. sec. 1671 et seq., apply to all garnishments.
Source: L. 84: Entire article added, p. 470, � 1, effective January 1, 1985. L.
96: (1) amended, p. 621, � 30, effective July 1. L. 2019: (1) repealed and (3) amended, (HB 19-1189), ch. 214, p. 2224, � 2, effective August 2.
13-54.5-104. Priority between multiple garnishments. (1) (a) Only one writ
of continuing garnishment against earnings due the judgment debtor shall be satisfied at one time. When more than one writ of continuing garnishment has been issued against earnings due the same judgment debtor, they shall be satisfied in the order of service on the garnishee. Except as provided in this subsection (1), a lien and continuing levy obtained pursuant to this article shall have priority over any subsequent garnishment lien or wage attachment.
(b) Where a continuing garnishment has been suspended for a specific
period of time by agreement of the parties pursuant to the provisions of section 13-54.5-102 (2), such suspended continuing garnishment shall have priority over any writ of continuing garnishment served on the garnishee after such suspension has expired.
(c) (I) Notwithstanding any other provision of this subsection (1), a continuing
garnishment obtained pursuant to section 14-14-105, C.R.S., for the satisfaction of debts or judgments for child support shall have priority over any other continuing garnishment.
(II) Notwithstanding any other provision of this subsection (1), a continuing
garnishment obtained pursuant to section 26-2-128 (1)(a) or section 26.5-4-116 (1) for the satisfaction of a judgment for fraudulently obtained public assistance or child care assistance or fraudulently obtained overpayments has priority over any other continuing garnishment other than a garnishment for collection of child support pursuant to subsection (1)(c)(I) of this section.
(2) (a) Any writ of continuing garnishment served upon a garnishee while any
previous writ is still in effect shall be answered by the garnishee with a statement that he has been served previously with one or more writs of continuing garnishment against earnings due the judgment debtor and specifying the date on which all such liens are expected to terminate.
(b) Upon the termination of a lien and continuing levy obtained pursuant to
this article, any other writ of continuing garnishment which has been issued or which is issued subsequently against earnings due the judgment debtor shall have priority in the order of service on the garnishee, and no priority shall be given to any previous continuing lienholder whose lien has terminated. The person who serves a writ of continuing garnishment on a garnishee shall note the date and time of such service.
Source: L. 84: Entire article added, p. 471, � 1, effective January 1, 1985. L. 94:
(1)(c) amended, p. 2062, � 3, effective July 1. L. 2022: (1)(c)(II) amended, (HB 22-1295), ch. 123, p. 828, � 29, effective July 1.
13-54.5-105. Notice to judgment debtor in continuing garnishment. (1) In
the case of a continuing garnishment, the writ of garnishment must be served on the garnishee in accordance with rule 4 of the Colorado rules of civil procedure.
(2) The writ of garnishment pursuant to subsection (1) of this section must
include:
(a) The name of the judgment debtor;
(b) The last-known physical and mailing addresses of the judgment debtor or
a statement that the information is not known;
(c) The amount of the judgment upon which the judgment creditor bases the
continuing garnishment;
(d) Information sufficient to identify the judgment on which the continuing
garnishment is based;
(e) A completed notice that satisfies subsection (3) of this section and that
may be incorporated into and made a part of the writ of garnishment; and
(f) A notice of Colorado rules about garnishment that satisfies subsection (4)
of this section and that is incorporated into and made a part of the notice required by subsection (2)(e) of this section.
(3) The notice required by subsection (2)(e) of this section must be in
substantially the following form and conspicuously labeled:
Notice of Garnishment
Money will be taken from your pay if you fail to act.
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Why am I getting this notice?
You are getting this notice because a court has ruled that you owe the judgment creditor, who is called Creditor in this notice, money. Creditor has started a legal process called a garnishment. The process requires that money be taken from your pay and given to Creditor to pay what you owe. The person who pays you does not keep the money.
Creditor filled out this form. The law requires the person who pays you to give you this notice. Creditor may not be the person or company to which you originally owed money. You may request that Creditor provide the name and address of the person or company to which you originally owed money. If you want this information, you must write Creditor or Creditor's lawyer at the address at the very beginning of this form. You must do this within 14 days after receiving this notice. Creditor will send you this information at the address you give Creditor. Creditor must send you this information within 7 days after receiving your request. Knowing the name of the original creditor might help you understand why the money will be taken from your pay.
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How much do I owe?
The amount the court has ruled that you currently owe is listed at the top of the writ of garnishment. The amount could go up if there are more court costs or additional interest. The interest rate on the amount you owe is listed at the top of the writ of garnishment. The amount could also go down if you make payments to Creditor.
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How will the amount I owe be paid?
The person who pays you will start taking money from your paycheck on the first payday that is at least 14 days after the day the person who pays you sends you this notice. Money will continue to be taken from your pay for up to 6 months. If the debt is not paid off or not likely to be paid off by that time, Creditor may serve another garnishment.
The rules about how much of your pay can be taken are explained in the notice of Colorado rules about garnishment that you received with this notice. This notice also contains an estimate of how much of your pay will likely be withheld each paycheck.
At any time, you can get a report that shows how the amount taken from your pay was calculated. To receive this report, you must write or e-mail the person who pays you.
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Do I have options?
Yes, you have several options, here are three of them:
A. You can talk with a lawyer: A lawyer can explain the situations to you and help you decide what to do. The self-help desk of the court where the garnishment action is pending can provide you help with resources to find a lawyer.
B. You can contact Creditor: If you can work something out with Creditor, money might not have to be taken from your pay. The Creditor's contact information is on the first page of the writ of garnishment.
C. You can request a court hearing: A hearing could be helpful if there are disagreements about the garnishment, the amount the court has ruled that you owe, whether the amount of money being withheld from your paycheck is correct, or whether the amount being withheld should be reduced to help you support your family and yourself. If you disagree with the estimate of the amount of money that will be withheld from your paycheck, you must attempt to work this out with the person who pays you before going to court. You must do this within 7 days after receiving this notice. If you cannot work it out with the person who pays you, you may seek a hearing in court. If you want a court hearing, you must request one. If you think that you need more money to support your family and yourself, you may seek a court hearing without consulting the person who pays you. For help requesting a hearing, contact the self-help desk of the court where the garnishment action is pending.
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What if I don't do anything?
If you don't do anything, the law requires that money be taken out of your paycheck beginning with the first payday that is at least 14 days after the day the person who pays you sends you this notice. The money will be given to Creditor. This process will continue for 6 months unless your debt is paid off before that.
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How does garnishment work in Colorado?
Only a portion of your pay can be garnished. The amount that can be withheld from your pay depends on something called disposable earnings. Your disposable earnings are what is left after deductions from your gross pay for taxes and certain health insurance costs. Your paycheck stub should tell what your disposable earnings are.
The amount of your disposable earnings that can be garnished is determined by comparing two numbers: (1) 20% of your disposable earnings and (2) the amount by which your disposable earnings exceed 40 times the minimum wage. The smaller of these two amounts will be deducted from your pay.
If you think that your earnings after garnishment are not enough to support yourself and any members of your family that you support, you can try to have the amount of your disposable earnings that are garnished further reduced. This is discussed earlier in this notice under 4. Do I have options?
Your employer cannot fire you because your earnings have been garnished. If your employer does this in violation of your legal rights, you may file a lawsuit within 91 days of your firing to recover wages you lost because you were fired. You can also seek to be reinstated to your job. If you are successful with this lawsuit, you cannot recover more than 6 weeks' wages and attorney fees.
Based on your most recent paycheck, the person who pays you estimates that $______ will be withheld from each paycheck that is subject to garnishment.
(4) The notice required by subsection (2)(f) of this section must:
(a) Have a heading stating that it explains wage garnishment in Colorado; and
(b) Reasonably inform the judgment debtor of:
(I) The limits on wage garnishment pursuant to section 13-54-104;
(II) Exemptions from and limits on garnishment and protections pursuant to the laws of Colorado; and
(III) An estimate, based on the judgment debtor's most recent paycheck and prepared by the garnishee, of the amount that would likely be withheld from the judgment debtor's paychecks in the future.
(5) Not later than seven days after being served with a writ of garnishment:
(a) If one of the following grounds applies, the garnishee shall send notice to the judgment creditor stating the applicable ground:
(I) The judgment debtor is not an employee of the garnishee; or
(II) The writ of garnishment does not contain all information required by subsection (2) of this section.
(b) If subsection (5)(a) of this section does not apply, the garnishee shall:
(I) Send to the judgment creditor a notice that includes:
(A) A statement that the named judgment debtor is an employee of the garnishee;
(B) The pay frequency of the judgment debtor and the date of the first payday that is at least twenty-one days after the garnishee was served with the writ of garnishment in accordance with subsection (1) of this section or the first payday after the expiration of any prior effective writ of garnishment that is at least twenty-one days after service of the writ on the garnishee;
(C) If the judgment debtor's earnings are subject to deductions other than withholding for local, state, and federal income taxes and pursuant to the Federal Insurance Contributions Act, 26 U.S.C. sec. 3101 et seq., as amended, the nature, number, and amounts of these deductions and the relative priority of the writ of garnishment; and
(II) Send to the judgment debtor on the same day the notice required by subsection (5)(b)(I) of this section is sent to the judgment creditor a copy of the writ of garnishment and the notices required pursuant to subsections (2)(e) and (2)(f) of this section.
(6) If subsection (5)(b)(I) of this section applies, the garnishee shall begin garnishment on the first payday that occurs at least twenty-one days after the garnishee was served with the writ of garnishment in accordance with subsection (1) of this section or the first payday after the expiration of any prior effective writ of garnishment that is at least twenty-one days after service of the writ on the garnishee.
Source: L. 84: Entire article added, p. 471, � 1, effective January 1, 1985. L. 2019: Entire section R&RE, (HB 19-1189), ch. 214, p. 2225, � 4, effective August 2.
13-54.5-106. Notice to judgment debtor in other garnishment. (1) In a case where personal property of the judgment debtor other than earnings is subject to garnishment, following the service of the writ of garnishment on the garnishee, the person who served said writ shall, as soon as practicable, serve a copy of the writ of garnishment, together with a notice of exemption and pending levy, upon each judgment debtor whose property is subject to garnishment by said writ. The notice of exemption and pending levy shall inform the judgment debtor that the judgment creditor intends to seek satisfaction of any judgment rendered in its favor against the judgment debtor out of the judgment debtor's personal property in the possession or control of the garnishee and shall inform the judgment debtor of his right to claim exempt property.
(2) The notice of exemption and pending levy in such garnishment proceeding against the personal property of a judgment debtor who is a natural person shall contain the following:
(a) The judgment creditor's name and business address;
(b) The original amount of the judgment;
(c) The amount, if any, paid on the principal of the judgment as of the date of the notice;
(d) The principal balance due on the judgment;
(e) The interest, if any, due on the judgment;
(f) The itemized taxable costs, if any, including the estimated costs of serving the notice;
(g) The total amount due and owing on the judgment;
(h) The date of entry of the judgment;
(i) The name of the court in which the judgment was entered;
(j) A statement of the judgment debtor's right to claim any property levied upon as exempt, including, but not limited to:
(I) Exempt property under section 13-54-102 and exempt earnings under section 13-54-104;
(II) Workers' compensation benefits under section 8-42-124, C.R.S.;
(III) Unemployment compensation benefits under section 8-80-103, C.R.S.;
(IV) Group life insurance proceeds under section 10-7-205, C.R.S.;
(V) Health insurance benefits under section 10-16-212, C.R.S.;
(VI) Fraternal society benefits under section 10-14-403, C.R.S.;
(VII) Family allowances under section 15-11-404, C.R.S.;
(VIII) Repealed.
(IX) Public employees' retirement benefits pursuant to sections 24-51-212 and 24-54-111, C.R.S., social security benefits pursuant to 42 U.S.C. sec. 407, and railroad employee retirement benefits pursuant to 45 U.S.C. sec. 231m;
(X) Public assistance benefits under section 26-2-131, C.R.S.;
(XI) Police officers' and firefighters' pension fund payments under section 31-30.5-208, C.R.S.;
(XII) Utility and security deposits under section 13-54-102 (1)(r);
(j.5) A statement that, notwithstanding the debtor's right to claim any property levied upon as exempt for the property specified in paragraph (j) of this subsection (2), no exemption other than the exemptions set forth in section 13-54-104 (3) may be claimed for a writ which is the result of a judgment taken for arrearages for child support or for child support debt;
(k) The method of claiming an exemption and the time therefor; and
(l) The right to a hearing on any such claim of exemption and the time within which such hearing must be held.
(3) Any notice to the judgment debtor required in the case of a garnishment proceeding against the assets of a judgment debtor other than a natural person shall be as prescribed by the supreme court pursuant to section 13-54.5-111.
Source: L. 84: Entire article added, p. 471, � 1, effective January 1, 1985. L. 87: (2)(j)(IX) amended, p. 1091, � 6, effective July 1; (2)(j)(IX) amended, p. 1585, � 56, effective July 1; (2)(j.5) added, p. 595, � 24, effective July 10. L. 88: (3) amended, p. 611, � 2, effective July 1. L. 90: (2)(j)(II) amended, p. 564, � 34, effective July 1. L. 92: (2)(j)(V) amended, p. 1726, � 15, effective July 1. L. 93: (2)(j)(VI) amended, p. 609, � 2, effective July 1. L. 94: (2)(j)(VII) amended, p. 1040, � 18, effective July 1, 1995. L. 96: (2)(j)(XI) amended, p. 941, � 3, effective May 23. L. 2011: (2)(j)(VIII) repealed, (HB 11-1303), ch. 264, p. 1152, � 20, effective August 10.
13-54.5-107. Service of notice upon judgment debtor. (1) In a case of continuing garnishment, the garnishee shall deliver a copy of the writ of garnishment and notices required by section 13-54.5-105 to the judgment debtor in accordance with the provisions of section 13-54.5-105 (5)(b)(II).
(2) (a) In cases other than a continuing garnishment where the judgment debtor's personal property is subject to garnishment, service of the notice of exemption and pending levy required by section 13-54.5-106 must be made by one of the following means:
(I) Giving the notice of exemption and pending levy to the judgment debtor in person and obtaining a receipt;
(II) Personal service;
(III) (A) Depositing the notice in the United States mail, postage prepaid and addressed to the judgment debtor's last-known address known to the judgment creditor. A notice served in this manner must be sent either by certified mail, return receipt requested, or by regular mail supported by an affidavit of mailing sworn and retained by the judgment creditor.
(B) A notice mailed and not returned as undeliverable by the United States postal service is presumed to have been given on the date of mailing. For the purposes of this subsection (2), undeliverable does not include unclaimed or refused.
(C) If the judgment debtor has provided consent for notice by electronic mail as described in subparagraph (IV) of this paragraph (a), the judgment creditor shall also provide the notice as described in subparagraph (IV) of this paragraph (a) when using the notice provisions in this subparagraph (III).
(IV) Transmitting the notice by electronic mail, if the judgment debtor has previously consented to receive information about the debt from the judgment creditor in electronic form, to the last-known electronic mail address of the judgment debtor on file with the judgment creditor. A notice served in this manner must be supported by an affidavit, executed under penalty of perjury, of any officer, clerk, or agent of the creditor or the creditor's attorney, authorized to serve the notice or electronically transmit the notice under this section. The affidavit constitutes proof of notice under this subparagraph (IV).
(b) (I) If service cannot be made upon the judgment debtor as set forth in paragraph (a) of this subsection (2), and upon a showing that due diligence has been used to obtain service as set forth in paragraph (a) of this subsection (2), the court shall order service of a notice of exemption and pending levy to be made by one of the following methods:
(A) Publication for a period of fourteen days in a newspaper of general circulation published in the county in which the property was levied upon; or
(B) If there is no newspaper of general circulation published in the county in which the property was levied upon, then service is made by publication for a period of fourteen days in a newspaper of general circulation in an adjoining county, and the court shall order the clerk of the court in which the judgment was entered to mail a copy of the notice to the judgment debtor at the judgment debtor's last-known address, postage prepaid.
(II) A newspaper used for service by publication as set forth in this paragraph (b) must meet the requirements set forth in section 24-70-106, C.R.S.
(III) (A) The judgment creditor shall file with the clerk of the court in which the judgment was entered a notice of exemption and pending levy, as well as proof of service of the notice.
(B) In the case of service by publication, the judgment creditor shall file with the clerk of the court in which the judgment was entered an affidavit of publication and an affidavit of the mailing of the notice.
(3) Compliance with this section and sections 13-54.5-105 and 13-54.5-106 by the judgment creditor shall be deemed to give sufficient notice to the judgment debtor of the garnishment proceedings against him, and no further notice shall be required under this article.
Source: L. 84: Entire article added, p. 473, � 1, effective January 1, 1985. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 826, � 15, effective July 1. L. 2015: (2) amended, (SB 15-283), ch. 301, p. 1240, � 5, effective July 1. L. 2019: (1) amended, (HB 19-1189), ch. 214, p. 2229, � 5, effective August 2.
13-54.5-108. Judgment debtor to file written objection or claim of exemption. (1) (a) In a case of continuing garnishment where the judgment debtor objects to the calculation of the amount of exempt earnings, the judgment debtor shall have seven days from receipt of the copy of the writ of continuing garnishment required by section 13-54.5-105 within which to resolve the issue of such miscalculation, by agreement with the garnishee, during which time the garnishee shall not tender any money to the clerk of the court or judgment creditor. If such objection is not resolved within seven days and after good faith effort, the judgment debtor may file a written objection with the clerk of the court in which the judgment was entered setting forth with reasonable detail the grounds for such objection. The judgment debtor may also file a written objection with the clerk of the court in which the judgment was obtained pursuant to section 13-54-104 (2)(a)(I)(D). The judgment debtor shall, by certified mail, return receipt requested, deliver immediately a copy of such objection to the judgment creditor or his or her attorney of record.
(b) In a case where a garnishee, pursuant to a writ of garnishment, holds any personal property of the judgment debtor other than earnings which the judgment debtor claims to be exempt, said judgment debtor, within fourteen days after being served with the notice of exemption and pending levy required by section 13-54.5-106, shall make and file with the clerk of the court in which the judgment was entered a written claim of exemption setting forth with reasonable detail a description of the property claimed to be exempt, together with the grounds for such exemption. The judgment debtor shall, by certified mail, return receipt requested, deliver immediately a copy of such claim to the judgment creditor or his or her attorney of record.
(2) Upon the filing of a written objection or claim of exemption, all further proceedings with relation to the sale or other disposition of said property or earnings shall be stayed until the matter of such objection or claim of exemption is determined.
(3) Notwithstanding the provisions of subsection (1) of this section, a judgment debtor failing to make a written objection or claim of exemption may, at any time within one hundred eighty-two days from receipt of a copy of the writ of continuing garnishment required by section 13-54.5-105 or from service of the notice of exemption and pending levy required by section 13-54.5-106 and for good cause shown, move the court in which the judgment was entered to hear an objection or a claim of exemption as to any earnings or property levied in garnishment, the amount of which the judgment debtor claims to have been miscalculated or which the judgment debtor claims to be exempt. Such hearing may be granted upon a showing of mistake, accident, surprise, irregularity in proceedings, newly discovered evidence, events not in the control of the judgment debtor, or such other grounds as the court may allow.
Source: L. 84: Entire article added, p. 473, � 1, effective January 1, 1985. L. 2012: (1) and (3) amended, (SB 12-175), ch. 208, p. 827, � 16, effective July 1. L. 2019: (1)(a) amended, (HB 19-1189), ch. 214, p. 2229, � 6, effective August 2.
13-54.5-108.5. Garnishee not required to assert exemption. A garnishee shall not be required to deduct, set up, or plead any exemption for or on behalf of a judgment debtor, except as set forth in the writ.
Source: L. 2006: Entire section added, p. 579, � 1, effective July 1.
13-54.5-109. Hearing on objection or claim of exemption. (1) (a) Upon the filing of an objection pursuant to section 13-54.5-108 (1)(a) or the filing of a claim of exemption pursuant to section 13-54.5-108 (1)(b), the court in which the judgment was entered shall set a time for the hearing of such objection or claim, which shall be not more than fourteen days after filing. The clerk of the court where such objection or claim is filed shall immediately inform the judgment creditor or his or her attorney of record and the judgment debtor or his or her attorney of record by telephone, by mail, or in person of the date set for such hearing.
(b) The certificate of the clerk of the court that service of notice of such hearing has been made in the manner and form stated in paragraph (a) of this subsection (1), which certificate has been attached to the court file, shall constitute prima facie evidence of such service, and such certificate of service filed with the clerk of the court is sufficient return of such service.
(2) Upon such hearing, the court shall summarily try and determine whether the amount of the judgment debtor's exempt earnings was correctly calculated by the garnishee or whether the property held by the garnishee is exempt and shall enter an order or judgment setting forth the determination of the court. If the amount of exempt earnings is found to have been miscalculated or if said property is found to be exempt, the court shall order the clerk of the court to remit the amount of over-garnished earnings, or the garnishee to remit such exempt property, to the judgment debtor within seven days.
(3) Where the judgment debtor moves the court to hear an objection or claim of exemption within the time provided by section 13-54.5-108 (3) and the judgment giving rise to such claim has been satisfied against property or earnings of the judgment debtor, the court shall hear and summarily try and determine whether the amount of the judgment debtor's earnings paid to the judgment creditor was correctly calculated and whether the judgment debtor's property sold in execution was exempt and shall issue an order setting forth the determination of the court. If such amount of earnings is found to have been miscalculated or if such property is found to be exempt, the court shall order the judgment creditor to remit the amount of the over-garnished earnings or such exempt property or the value thereof to the judgment debtor within seven days.
(4) Any order or judgment entered by the court as provided for in subsections (2) and (3) of this section is a final judgment or order for the purpose of appellate review.
Source: L. 84: Entire article added, p. 474, � 1, effective January 1, 1985. L. 2012: (1)(a), (2), and (3) amended, (SB 12-175), ch. 208, p. 827, � 17, effective July 1.
13-54.5-110. No discharge from employment for any garnishment - general prohibition. (1) No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to any garnishment or like proceeding directed to the employer for the purpose of paying any judgment.
(2) If an employer discharges an employee in violation of the provisions of this section, the employee may, within ninety-one days, bring a civil action for the recovery of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. Damages recoverable shall be lost wages not to exceed six weeks, costs, and reasonable attorney fees.
Source: L. 84: Entire article added, p. 475, � 1, effective January 1, 1985. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 828, � 18, effective July 1.
13-54.5-111. Supreme court rules. The practice and procedure in garnishment actions instituted pursuant to this article, and all forms in connection therewith, shall be in accordance with rules prescribed by the supreme court pursuant to article 2 of this title.
Source: L. 84: Entire article added, p. 475, � 1, effective January 1, 1985.
ARTICLE 55
Method of Claiming Exemption
C.R.S. § 13-80-104
13-80-104. Limitation of actions against architects, contractors, builders or builder vendors, engineers, inspectors, and others. (1) (a) Notwithstanding any statutory provision to the contrary, all actions against any architect, contractor, builder or builder vendor, engineer, or inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property shall be brought within the time provided in section 13-80-102 after the claim for relief arises, and not thereafter, but in no case shall such an action be brought more than six years after the substantial completion of the improvement to the real property, except as provided in subsection (2) of this section.
(b) (I) Except as otherwise provided in subparagraph (II) of this paragraph (b),
a claim for relief arises under this section at the time the claimant or the claimant's predecessor in interest discovers or in the exercise of reasonable diligence should have discovered the physical manifestations of a defect in the improvement which ultimately causes the injury.
(II) Notwithstanding the provisions of paragraph (a) of this subsection (1), all
claims, including, but not limited to indemnity or contribution, by a claimant against a person who is or may be liable to the claimant for all or part of the claimant's liability to a third person:
(A) Arise at the time the third person's claim against the claimant is settled
or at the time final judgment is entered on the third person's claim against the claimant, whichever comes first; and
(B) Shall be brought within ninety days after the claims arise, and not
thereafter.
(c) Such actions shall include any and all actions in tort, contract, indemnity,
or contribution, or other actions for the recovery of damages for:
(I) Any deficiency in the design, planning, supervision, inspection,
construction, or observation of construction of any improvement to real property; or
(II) Injury to real or personal property caused by any such deficiency; or
(III) Injury to or wrongful death of a person caused by any such deficiency.
(2) In case any such cause of action arises during the fifth or sixth year after
substantial completion of the improvement to real property, said action shall be brought within two years after the date upon which said cause of action arises.
(3) The limitations provided by this section shall not be asserted as a defense
by any person in actual possession or control, as owner or tenant or in any other capacity, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or damage for which it is proposed to bring an action.
Source: L. 86: Entire article R&RE, p. 697, � 1, effective July 1. L. 2001: (1)(b)
amended, p. 390, � 2, effective August 8.
Editor's note: This section is similar to former � 13-80-127 as it existed prior
to 1986.
C.R.S. § 13-90-104
13-90-104. Conversation of deceased partner. In any action, suit, or proceeding by or against any surviving partner or joint contractor, no adverse party or person adversely interested in the event thereof is a competent witness to testify, by virtue of section 13-90-101, to any admission or conversation by any deceased partner or joint contractor, unless one or more of the surviving partners or joint contractors were also present at the time of such admission or conversation.
Source: L. 1870: p. 64, � 4. G.L. � 2954. G.S. � 3643. R.S. 08: � 7269. C.L. �
-
CSA: C. 177, � 4. CRS 53: � 153-1-4. C.R.S. 1963: � 154-1-4.
Cross references: For the nature of the joint liability of the partnership, see �� 7-60-111 and 7-60-115.
C.R.S. § 13-90-119
13-90-119. Privilege for newsperson. (1) As used in this section, unless the context otherwise requires:
(a) Mass medium means any publisher of a newspaper or periodical; wire
service; radio or television station or network; news or feature syndicate; or cable television system.
(b) News information means any knowledge, observation, notes,
documents, photographs, films, recordings, videotapes, audiotapes, and reports, and the contents and sources thereof, obtained by a newsperson while engaged as such, regardless of whether such items have been provided to or obtained by such newsperson in confidence.
(c) Newsperson means any member of the mass media and any employee
or independent contractor of a member of the mass media who is engaged to gather, receive, observe, process, prepare, write, or edit news information for dissemination to the public through the mass media.
(d) Press conference means any meeting or event called for the purpose of
issuing a public statement to members of the mass media, and to which members of the mass media are invited in advance.
(e) Proceeding means any civil or criminal investigation, discovery
procedure, hearing, trial, or other process for obtaining information conducted by, before, or under the authority of any judicial body of the state of Colorado. Such term shall not include any investigation, hearing, or other process for obtaining information conducted by, before, or under the authority of the general assembly.
(f) Source means any person from whom or any means by or through which
news information is received or procured by a newsperson, while engaged as such, regardless of whether such newsperson was requested to hold confidential the identity of such person or means.
(2) Notwithstanding any other provision of law to the contrary and except as
provided in subsection (3) of this section, no newsperson shall, without such newsperson's express consent, be compelled to disclose, be examined concerning refusal to disclose, be subjected to any legal presumption of any kind, or be cited, held in contempt, punished, or subjected to any sanction in any judicial proceedings for refusal to disclose any news information received, observed, procured, processed, prepared, written, or edited by a newsperson, while acting in the capacity of a newsperson; except that the privilege of nondisclosure shall not apply to the following:
(a) News information received at a press conference;
(b) News information which has actually been published or broadcast
through a medium of mass communication;
(c) News information based on a newsperson's personal observation of the
commission of a crime if substantially similar news information cannot reasonably be obtained by any other means;
(d) News information based on a newsperson's personal observation of the
commission of a class 1, 2, or 3 felony.
(3) Notwithstanding the privilege of nondisclosure granted in subsection (2)
of this section, any party to a proceeding who is otherwise authorized by law to issue or obtain subpoenas may subpoena a newsperson in order to obtain news information by establishing by a preponderance of the evidence, in opposition to a newsperson's motion to quash such subpoena:
(a) That the news information is directly relevant to a substantial issue
involved in the proceeding;
(b) That the news information cannot be obtained by any other reasonable
means; and
(c) That a strong interest of the party seeking to subpoena the newsperson
outweighs the interests under the first amendment to the United States constitution of such newsperson in not responding to a subpoena and of the general public in receiving news information.
(4) The privilege of nondisclosure established by subsection (2) of this
section may be waived only by the voluntary testimony or disclosure of a newsperson that directly addresses the news information or identifies the source of such news information sought. A publication or broadcast of a news report through the mass media concerning the subject area of the news information sought, but which does not directly address the specific news information sought, shall not be deemed a waiver of the privilege of nondisclosure as to such specific news information.
(5) In any trial to a jury in an action in which a newsperson is a party as a
result of such person's activities as a newsperson and in which the newsperson has invoked the privilege created by subsection (2) of this section, the jury shall be neither informed nor allowed to learn that such newsperson invoked such privilege or has thereby declined to disclose any news information.
(6) Nothing in this section shall preclude the issuance of a search warrant in
compliance with the federal Privacy Protection Act of 1980, 42 U.S.C. sec. 2000aa.
Source: L. 90: Entire section added, p. 1262, � 1, effective April 16.
Cross references: For governmental access to news information, see article
72.5 of title 24.
PART 2
APPOINTMENT OF INTERPRETERS FOR PERSONS
WHO ARE DEAF OR HARD OF HEARING
Editor's note: This part 2 was numbered as article 3 of chapter 16, C.R.S.
- The substantive provisions of this part 2 were repealed and reenacted in 1987, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 2 prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated.
C.R.S. § 13-91-105
13-91-105. Duties of the office of the child's representative - guardian ad litem and counsel for youth programs. (1) In addition to any responsibilities assigned to it by the chief justice, the office of the child's representative shall:
(a) Enhance the provision of GAL or counsel for youth services in Colorado
by:
(I) Ensuring the provision and availability of high-quality, accessible training
throughout the state for persons seeking to serve as guardians ad litem or counsel for youth, as well as to judges and magistrates who regularly hear matters involving children and families;
(II) Making recommendations to the chief justice concerning the
establishment, by rule or chief justice directive, of the minimum training requirements that an attorney seeking to serve as a guardian ad litem or counsel for youth shall meet;
(III) Making recommendations to the chief justice concerning the
establishment, by rule or chief justice directive, of standards to which attorneys serving as guardians ad litem or counsel for youth must be held, including but not limited to minimum practice standards. Minimum practice standards must include:
(A) Incorporation of the federal guidelines for persons serving as guardians
ad litem or counsel for youth, as set forth in the federal department of health and human services' Adoption 2002 guidelines, and incorporation of the guidelines for guardians ad litem or counsel for youth adopted by the Colorado bar association in 1993;
(B) Minimum duties of guardians ad litem or counsel for youth in
representing children involved in judicial proceedings;
(C) Minimum responsibilities of guardians ad litem or counsel for youth in
representing children involved in judicial proceedings; and
(D) A determination of an appropriate maximum-caseload limitation for
persons serving as guardians ad litem or counsel for youth;
(IV) Overseeing the practice of guardians ad litem or counsel for youth to
ensure compliance with all relevant statutes, orders, rules, directives, policies, and procedures;
(V) Working cooperatively with local judicial districts, attorneys, and children
and youth impacted by the child welfare and justice system to form partnerships for the purposes of ensuring high-quality legal representation for children and youth in Colorado.
(VI) Establishing fair and realistic state rates by which to compensate state-appointed guardians ad litem or counsel for youth that take into consideration the
caseload limitations placed on guardians ad litem or counsel for youth and that are sufficient to attract and retain high-quality, experienced attorneys to serve as guardians ad litem or counsel for youth;
(VII) Seeking to enhance existing funding sources for the provision of high-quality guardian ad litem or counsel for youth services in Colorado;
(VIII) Studying the availability of or developing new funding sources for the
provision of guardian ad litem or counsel for youth services in Colorado, including but not limited to long-term pooling of funds programs;
(IX) Accepting grants, gifts, donations, and other nongovernmental
contributions to be used to fund the work of the office of the child's representative relating to guardians ad litem or counsel for youth. Such grants, gifts, donations, and other nongovernmental contributions must be credited to the guardian ad litem fund, created in section 13-91-106 (1). Money in the fund is subject to annual appropriation by the general assembly for the purposes of this subsection (1)(a) and for the purposes of enhancing the provision of guardian ad litem or counsel for youth services in Colorado.
(X) Effective July 1, 2001, allocating money appropriated to the office of the
child's representative in the state judicial department for the provision of GAL or counsel for youth services;
(b) Provide support for the CASA program in Colorado in the manner
described in section 19-1-213;
(c) Enhance the provision of services in Colorado by attorneys appointed to
serve as legal representatives of children pursuant to section 14-10-116, C.R.S., when the costs of such appointments are borne by the state, by:
(I) Ensuring the provision and availability of high-quality, accessible training
throughout the state for attorneys seeking to serve as legal representatives of children, as well as to judges and magistrates who regularly hear domestic matters under article 10 of title 14, C.R.S.;
(II) Making recommendations to the chief justice concerning the
establishment, by rule or chief justice directive, of the minimum training requirements that an attorney seeking to serve as a legal representative of a child must meet;
(III) Making recommendations to the chief justice concerning the
establishment, by rule or chief justice directive, of standards to which attorneys serving as legal representatives of children must be held;
(IV) Overseeing the practice of legal representatives of children appointed
pursuant to section 14-10-116, C.R.S., to ensure compliance with all relevant statutes, orders, rules, directives, policies, and procedures;
(V) Seeking to enhance existing funding sources for and studying the
availability of or developing new funding sources for the provision of services by attorneys serving as court-appointed legal representatives of children;
(VI) Effective July 1, 2001, allocating moneys appropriated to the office of the
child's representative in the state judicial department for the provision of services by attorneys serving as court-appointed legal representatives of children;
(d) Enforce, as appropriate, the provisions of this section;
(e) Work cooperatively with the judicial districts to establish pilot programs
designed to enhance the quality of child representatives at the local level;
(f) Develop measurement instruments designed to assess and document the
effectiveness of various models of representation and the outcomes achieved by representatives and advocates for children, including collaborative models with local CASA programs;
(g) (Deleted by amendment, L. 2009, (SB 09-048), ch. 120, p. 500, � 1,
effective August 5, 2009.)
(h) Cause a program review and outcome-based evaluation of the
performance of the office of the child's representative to be conducted annually to determine whether the office is effectively and efficiently meeting the goals of improving child and family well-being and the duties set forth in this section, the reports for which shall be submitted to the members of the general assembly and the state court administrator's office, together with the reports specified in paragraph (i) of this subsection (1); and
(i) Notwithstanding section 24-1-136 (11)(a)(I), report the activities of the
office of the child's representative to the members of the general assembly and to the state court administrator's office, together with the reports specified in paragraph (h) of this subsection (1), on or before September 1, 2001, and on or before September 1 of each year thereafter.
(2) The rate contracted for attorney time pursuant to subsection (1)(a)(VI) of
this section for fiscal year 2023-24 is one hundred dollars per hour. The hourly rate must be increased annually by no more than five dollars each year until the hourly rate is at least seventy-five percent of the rate set pursuant to the federal Criminal Justice Act Revision of 1986, 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court. The hourly rate may be adjusted in subsequent fiscal years to maintain the hourly rate at or above seventy-five percent of the rate set pursuant to the federal Criminal Justice Act Revision of 1986, 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court.
(3) Colorado relies primarily on an independent contractor model of legal
representation for children and youth provided in accordance with this section. While the office of the child's representative currently provides legal representation for children and youth in some case types and in one county through state employees and will continue to explore the use of a state employee staff model of legal representation for children and youth where feasible, Colorado's need for legal representation for children and youth cannot be filled or provided statewide solely by employees of the office of the child's representative. The director or the director's designee is authorized to sign a certification for any current or past independent contractor that certifies that the contractor appears to be eligible for federal public service loan forgiveness as allowed by federal law or regulations. With the authorization of an independent contractor who is providing or has provided legal representation on behalf of the office, the director or the director's designee may share information, including the contractor's name, the contractor's social security number or federal employer identification number, and the total number of hours billed by the contractor by calendar year, with other independent judicial agencies for the purpose of certifying apparent past, current, and future eligibility for public service loan forgiveness allowed by federal law or regulations.
Source: L. 2000: Entire article added, p. 1769, � 1, effective July 1. L. 2003:
(1)(b)(VII) amended, p. 754, � 3, effective March 25. L. 2005: (1)(c) amended, p. 961, � 5, effective July 1. L. 2009: (1)(g), (1)(h), and (1)(i) amended, (SB 09-048), ch. 120, p. 500, � 1, effective August 5. L. 2015: (1)(c) amended, (HB 15-1153), ch. 124, p. 387, � 1, effective January 1, 2016. L. 2017: (1)(i) amended, (SB 17-241), ch. 171, p. 623, � 3, effective April 28. L. 2019: (1)(b) amended, (HB 19-1282), ch. 312, p. 2815, � 2, effective May 28. L. 2021: (1)(a) amended, (HB 21-1094), ch. 340, p. 2220, � 9, effective June 25. L. 2022: (1)(a)(V) amended, (HB 22-1038), ch. 92, p. 431, � 3, effective January 9, 2023. L. 2023: (2) added, (SB 23-227), ch. 77, p. 280, � 2, effective August 7. L. 2024: (3) added, (HB 24-1374), ch. 181, p. 979, � 2, effective May 15.
Cross references: For the legislative declarations contained in the 2005 act
amending subsection (1)(c), see sections 1 and 3 of chapter 244, Session Laws of Colorado 2005. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1374, see section 1 of chapter 181, Session Laws of Colorado 2024.
C.R.S. § 13-92-104
13-92-104. Duties of the office of the respondent parents' counsel. (1) The office has the following duties, at a minimum:
(a) Enhancing the provision of respondent parent counsel services in
Colorado by:
(I) Ensuring the provision and availability of high-quality legal representation
for parents involved in dependency and neglect proceedings brought pursuant to article 3 of title 19, C.R.S., and as provided for in section 19-3-202, C.R.S.; and
(II) Making recommendations for minimum practice standards to which
attorneys serving as respondent parent counsel shall be held;
(b) Establishing fair and realistic state rates by which to compensate
respondent parent counsel. The state rates must take into consideration any caseload limitations placed upon respondent parent counsel and must be sufficient to attract and retain high-quality, experienced attorneys to serve as respondent parent counsel.
(c) Enforcing, as appropriate, the provisions of this section;
(d) Working cooperatively with the judicial districts to establish pilot
programs, as appropriate, designed to enhance the quality of respondent parent counsel at the local level; and
(e) Annually reviewing and evaluating the office's performance to determine
whether the office is effectively and efficiently meeting the goals of improving child and family well-being and the duties set forth in this section. The report must be submitted on or before January 1, 2017, and annually thereafter, to the state court administrator's office.
(2) The rate contracted for attorney time pursuant to subsection (1)(b) of this
section for fiscal year 2023-24 is one hundred dollars per hour. The hourly rate must be increased annually by no more than five dollars each year until the hourly rate is at least seventy-five percent of the rate set pursuant to the federal Criminal Justice Act Revision of 1986, 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court. The hourly rate may be adjusted in subsequent fiscal years to maintain the hourly rate at or above seventy-five percent of the rate set pursuant to the federal Criminal Justice Act Revision of 1986, 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court.
(3) Employees of the office are prohibited from providing direct legal
representation to respondent parents. For the purpose of determining eligibility for federal public service loan forgiveness, an independent contractor, including an attorney, a social worker, a family advocate, or a parent advocate, who is providing or has provided legal services to respondent parents pursuant to the contractor's contract has a conflict that prohibits the contractor from providing these services as a state employee. The director or the director's designee is authorized to sign a certification for any current or past independent contractor that certifies that the contractor appears to be eligible for federal public service loan forgiveness as allowed by federal law or regulations. With the authorization of an independent contractor, the director or the director's designee may share information, including the contractor's name, the contractor's social security number or federal employer identification number, and the total number of hours billed by the contractor by calendar year, with other judicial agencies for the purpose of certifying apparent past, current, and future eligibility for public service loan forgiveness allowed by federal law or regulations.
Source: L. 2014: Entire article added, (SB 14-203), ch. 281, p. 1141, � 1,
effective August 6. L. 2017: (1)(e) amended, (SB 17-241), ch. 171, p. 624, � 4, effective January 2, 2020. L. 2023: (2) added, (SB 23-227), ch. 77, p. 280, � 3, effective August 7. L. 2024: (3) added, (HB 24-1374), ch. 181, p. 980, � 3, effective May 15.
Cross references: For the legislative declaration in HB 24-1374, see section 1
of chapter 181, Session Laws of Colorado 2024.
ARTICLE 93
Attorneys-at-law
Editor's note: This article 93 was added with relocations in 2017. Former
C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 93, see the comparative tables located in the back of the index.
Cross references: For rules governing admission to the bar and regulation of
practice, see the Colorado rules of civil procedure.
Law reviews: For article, The Interprofessional Code, see 15 Colo. Law.
1795, 1977, and 2183 (1986) and 16 Colo. Law. 31 (1987); for article, The Pros and Cons of a Captive Legal Malpractice Insurer, see 16 Colo. Law. 244 (1987); for article, Attorney Liability to Non-Clients see 17 Colo. Law. 1537 (1988).
PART 1
GENERAL PROVISIONS
C.R.S. § 13-95-103
13-95-103. Office of bridges of Colorado - administrative support - director - confidentiality - repeal. (1) (a) There is created the office of bridges of Colorado as an independent agency in the judicial department. The office has the powers and duties described in this article 95. The purpose of the office is to identify and dedicate behavioral health professionals to provide services through the bridges court liaison program and the bridges wraparound care program in each state judicial district.
(b) The office shall provide services, as described in sections 13-95-104, 13-95-105, and article 8.6 of title 16, to individuals accused of crimes or delinquent
acts. The office shall provide services to participants independently of any political considerations or private interests.
(c) (I) The head of the office is the director. Except for the initial director of
the office described in subsection (1)(c)(II) of this section, the commission shall appoint the director. The director shall employ or contract with persons necessary to discharge the functions of the office in accordance with this article 95.
(II) (A) Notwithstanding the appointment authority described in subsection
(1)(c)(I) of this section, the individual who, on April 27, 2023, is serving as director of the statewide behavioral health court liaison program, as it existed prior to its repeal in 2023, is the director of the office for a term expiring June 30, 2026. After the initial term of appointment, the commission may appoint the individual as director pursuant to subsection (1)(c)(I) of this section. The commission may remove the director serving pursuant to this subsection (1)(c)(II)(A) for cause.
(B) This subsection (1)(c)(II) is repealed, effective December 31, 2026.
(2) (a) The office and commission shall not disclose information provided by
an individual participating in the bridges court liaison program or bridges wraparound care program even if the information is relied upon when compiling information for a court report or other report requested or required by the court, unless:
(I) The disclosure is made in connection with and included in a report filed
with the court or as required pursuant to court-ordered action by a bridges court liaison or a bridges wraparound care coordinator;
(II) The defense counsel and the individual participating in the bridges court
liaison program or bridges wraparound care program agree to the disclosure; or
(III) The disclosure is required in order to comply with mandatory reporting
requirements pursuant to sections 18-6.5-108 and 19-3-304.
(b) A bridges court liaison and a bridges wraparound care coordinator shall
only disclose information reported to the court by the bridges court liaison or bridges wraparound care coordinator pursuant to a court order, but the information must be restricted if the information is otherwise limited by court rules.
(c) A report requested or required by the court may be suppressed or sealed
based on the contents of the report.
(d) This subsection (2) does not:
(I) Prevent the office from disclosing that a bridges court liaison or bridges
wraparound care coordinator was appointed to a case or has access to the contents of an order that directs the office to take action, as long as the court order is not otherwise restricted from disclosure; or
(II) Limit the rights of a valid subpoena, an individual participating in the
bridges court liaison program or bridges wraparound care program, the defense attorney, a person who requests the program participant's medical records upon submitting an authorization that complies with the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. sec. 1320d, as amended, or a court order authorizing the inspection of the program participant's medical records or mental health data pursuant to section 24-72-204 (3)(a)(I).
(3) (a) As an included agency for the purposes of article 100 of this title 13,
the office receives administrative and fiscal support services from the office of administrative services for independent agencies.
(b) Repealed.
(4) (a) The office and judicial department shall enter into a memorandum of
understanding to provide the office, including the office's employees or contractors, electronic read-only access to the name index and register of actions for those case types necessary to carry out the office's statutory purpose and the duties of the office's court appointment. The memorandum of understanding must also delineate a filing process for the office, including the office's employees and contractors, to submit reports to the court.
(b) The judicial department shall provide transition services to establish the
office until the department and the office determine that the transition is complete.
(5) The office shall pay the expenses of the bridges of Colorado commission,
established in section 13-95-104.
Source: L. 2023: Entire article added, (SB 23-229), ch. 119, p. 435, � 1,
effective April 27. L. 2024: (1)(a), (1)(b), (1)(c)(II)(A), (4)(a), and (5) amended and (2) added, (HB 24-1355), ch. 471, p. 3305, � 4, effective August 7.
Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection
(3)(b), effective June 30, 2024. (See L. 2023, p. 435.)
C.R.S. § 14-10-114
14-10-114. Spousal maintenance - advisory guidelines - legislative declaration - definitions. (1) Legislative declaration. (a) The general assembly hereby finds that:
(I) The economic lives of spouses are frequently closely intertwined in
marriage and that it is often impossible to later segregate the respective decisions and contributions of the spouses; and
(II) Consequently, awarding spousal maintenance may be appropriate if a
spouse needs support and the other spouse has the ability to pay support.
(b) The general assembly further finds that:
(I) Because the statutes provide little guidance to the court concerning
maintenance awards, there has been inconsistency in the amount and term of maintenance awarded in different judicial districts across the state in cases that involve similar factual circumstances; and
(II) Courts and litigants would benefit from the establishment of a more
detailed statutory framework that includes advisory guidelines to be considered as a starting point for the determination of fair and equitable maintenance awards.
(c) Therefore, the general assembly declares that it is appropriate to create
a statutory framework for the determination of maintenance awards, including advisory guidelines for the amount and term of maintenance in certain cases, that will assist the court and the parties in crafting maintenance awards that are fair, equitable, and more consistent across judicial districts and in their application to both parties.
(2) At the time of permanent orders in dissolution of marriage, legal
separation, or declaration of invalidity proceedings, and upon the request of either party, the court may order the payment of maintenance from one spouse to the other pursuant to the provisions of this section. An award of maintenance shall be in an amount and for a term that is fair and equitable to both parties and shall be made without regard to marital misconduct.
(3) (a) (I) Determination of maintenance. When a party has requested
maintenance in a dissolution of marriage, legal separation, or declaration of invalidity proceeding, prior to granting or denying an award of maintenance, the court shall make initial written or oral findings concerning:
(A) The amount of each party's gross income;
(B) The marital property apportioned to each party;
(C) The financial resources of each party, including but not limited to the
actual or potential income from separate or marital property;
(D) Reasonable financial need as established during the marriage; and
(E) Whether maintenance awarded pursuant to this section would be
deductible for federal income tax purposes by the payor and taxable income to the recipient.
(II) After making the initial findings described in subparagraph (I) of this
paragraph (a), the court shall determine the amount and term of the maintenance award, if any, that is fair and equitable to both parties after considering:
(A) The guideline amount and term of maintenance set forth in paragraph (b)
of this subsection (3), if applicable, based upon the duration of the marriage and the combined gross incomes of the parties;
(B) The factors relating to the amount and term of maintenance set forth in
paragraph (c) of this subsection (3); and
(C) Whether the party seeking maintenance has met the requirement for a
maintenance award pursuant to paragraph (d) of this subsection (3).
(b) Advisory guideline amount and term of maintenance. If the duration of
the parties' marriage is at least three years and the parties' combined annual adjusted gross income does not exceed two hundred forty thousand dollars, the court shall make additional oral or written findings concerning the duration of the marriage in whole months and the advisory guideline amount and term of maintenance, calculated as follows:
(I) (A) If the maintenance award is deductible for federal income tax
purposes by the payor and taxable income to the recipient, the amount of maintenance under the advisory guidelines is equal to forty percent of the parties' combined monthly adjusted gross income minus the lower income party's monthly adjusted gross income. If the calculation results in a negative number, the amount of maintenance is zero.
(B) If the maintenance award is not deductible for federal income tax
purposes by the payor and not taxable income to the recipient, the amount of maintenance under the advisory guidelines for parties with a combined monthly adjusted gross income of ten thousand dollars or less is equal to eighty percent of the amount calculated pursuant to subsection (3)(b)(I)(A) of this section.
(C) If the maintenance award is not deductible for federal income tax
purposes by the payor spouse and not taxable income to the recipient spouse, the amount of maintenance under the advisory guidelines for parties with a combined monthly adjusted gross income of more than ten thousand dollars but not more than twenty thousand dollars is equal to seventy-five percent of the amount calculated pursuant to subsection (3)(b)(I)(A) of this section.
(II) (A) The advisory term of maintenance under the guidelines, calculated in
whole months, for marriages of at least three years but not more than twenty years, is set forth in the table contained in subsection (3)(b)(II)(B) of this section. When the duration of the parties' marriage exceeds twenty years, the court may award maintenance for a specified term of years or for an indefinite term, but the court shall not specify a maintenance term that is less than the maintenance term under the guidelines for a twenty-year marriage without making specific findings that support a reduced term of maintenance.
(B) Table of guideline maintenance term (in whole months) [Insert 14-10-114(3)(b)(II)(B).pdf here]
(c) Factors affecting the amount and term of maintenance. In any
proceeding for maintenance, the court shall consider all relevant factors, including but not limited to:
(I) The financial resources of the recipient spouse, including the actual or
potential income from separate or marital property or any other source and the ability of the recipient spouse to meet his or her needs independently;
(II) The financial resources of the payor spouse, including the actual or
potential income from separate or marital property or any other source and the ability of the payor spouse to meet his or her reasonable needs while paying maintenance;
(III) The lifestyle during the marriage;
(IV) The distribution of marital property, including whether additional marital
property may be awarded to reduce or alleviate the need for maintenance;
(V) Both parties' income, employment, and employability, obtainable through
reasonable diligence and additional training or education, if necessary, and any necessary reduction in employment due to the needs of an unemancipated child of the marriage or the circumstances of the parties;
(VI) Whether one party has historically earned higher or lower income than
the income reflected at the time of permanent orders and the duration and consistency of income from overtime or secondary employment;
(VII) The duration of the marriage;
(VIII) The amount of temporary maintenance and the number of months that
temporary maintenance was paid to the recipient spouse;
(IX) The age and health of the parties, including consideration of significant
health-care needs or uninsured or unreimbursed health-care expenses;
(X) Significant economic or noneconomic contribution to the marriage or to
the economic, educational, or occupational advancement of a party, including but not limited to completing an education or job training, payment by one spouse of the other spouse's separate debts, or enhancement of the other spouse's personal or real property;
(XI) Whether the circumstances of the parties at the time of permanent
orders warrant the award of a nominal amount of maintenance in order to preserve a claim of maintenance in the future;
(XII) Whether the maintenance is deductible for federal income tax purposes
by the payor and taxable income to the recipient, and any adjustments to the amount of maintenance to equitably allocate the tax burden between the parties;
(XII.5) Whether a spouse has engaged in domestic violence, coercive control,
economic abuse, litigation abuse, emotional abuse, physical abuse, or unlawful sexual behavior against the other spouse; and
(XIII) Any other factor that the court deems relevant.
(d) After considering the provisions of this section and making the required
findings of fact, the court shall award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property, including marital property apportioned to him or her, to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it inappropriate for the spouse to be required to seek employment outside the home.
(e) The maintenance guidelines set forth in paragraph (b) of this subsection
(3) do not create a presumptive amount or term of maintenance. The court has discretion to determine the award of maintenance that is fair and equitable to both parties based upon the totality of the circumstances. The court shall make specific written or oral findings in support of the amount and term of maintenance awarded pursuant to this section or an order denying maintenance.
(f) The court may award additional marital property to the recipient spouse
or otherwise adjust the distribution of marital property or debt to alleviate the need for maintenance or to reduce the amount or term of maintenance awarded.
(g) The court may reserve jurisdiction to establish, review, or modify an
award of maintenance at a later date pursuant to the provisions of this section by setting forth:
(I) The reasons for reserving jurisdiction;
(II) The ascertainable future event that forms the basis for reserving
jurisdiction; and
(III) A reasonably specific time within which maintenance may be considered
pursuant to this section.
(h) The court may award maintenance in short-term marriages, including
marriages of less than three years in duration, when, given the circumstances of the parties, the distribution of marital property is insufficient to achieve an equitable result. In determining the award of maintenance, the court may consider the maintenance guidelines and the relevant factors affecting the amount and term of maintenance set forth in this subsection (3). The court shall make written or oral findings pursuant to paragraph (e) of this subsection (3).
(i) Nothing in this section prohibits an award of maintenance in gross.
(3.5) Combined annual adjusted gross income in excess of advisory
guideline amount. If the parties' combined annual adjusted gross income exceeds two hundred forty thousand dollars, the calculation methodology described in subsection (3)(b)(I) of this section for determining the advisory guideline amount of maintenance does not apply, and the court shall instead consider the factors set forth in subsection (3)(c) of this section in determining the amount of maintenance. The court may consider the advisory guideline term of maintenance set forth in subsection (3)(b)(II) of this section.
(4) Temporary maintenance. (a) (I) In every proceeding for dissolution of
marriage, legal separation, or declaration of invalidity where temporary maintenance is requested by a party, the court may award a monthly amount of temporary maintenance pursuant to the provisions of subsection (3) of this section that are relevant to a determination of temporary maintenance.
(II) The guideline term of maintenance set forth in subparagraph (II) of
paragraph (b) of subsection (3) of this section does not apply to temporary maintenance orders. The court shall determine the term for payment of temporary maintenance.
(III) In addition to the relevant factors set forth in paragraph (c) of subsection
(3) of this section, the court shall consider any additional factors specific to the determination of temporary maintenance, including the payment of family expenses and debts.
(b) After determining the amount of temporary maintenance pursuant to this
subsection (4) and the amount of temporary child support pursuant to section 14-10-115, the court shall consider the respective financial resources of each party and determine the temporary payment of marital debt and the temporary allocation of marital property.
(c) A determination of temporary maintenance does not prejudice the rights
of either party at permanent orders.
(5) Modification or termination of maintenance. (a) Except upon written
agreement of the parties, an award of maintenance entered pursuant to this section may be modified or terminated pursuant to the provisions of section 14-10-122. The court may consider the guideline amount and term of maintenance and the statutory factors set forth in subsection (3) of this section only in a modification or termination proceeding concerning a maintenance award entered on or after January 1, 2014.
(b) The enactment of this section does not constitute a substantial and
continuing change of circumstance for purposes of modifying maintenance orders entered before January 1, 2014.
(c) The enactment of the December 2017 Tax Cuts and Jobs Act, Pub.L. 115-97, federal tax legislation, does not constitute a substantial and continuing change
of circumstance for purposes of modifying maintenance orders entered prior to the effective date of that law.
(6) Security for the payment of maintenance. (a) The court may require the
payor spouse to provide reasonable security for the payment of maintenance in the event of the payor spouse's death prior to the end of the maintenance term.
(b) Reasonable security may include, but need not be limited to, maintenance
of life insurance for the benefit of the recipient spouse. In entering an order to maintain life insurance, the court shall consider:
(I) The age and insurability of the payor spouse;
(II) The cost of the life insurance;
(III) The amount and term of the maintenance;
(IV) Whether the parties carried life insurance during the marriage;
(V) Prevailing interest rates at the time of the order; and
(VI) Other obligations of the payor spouse.
(c) Orders to maintain security may be modified or terminated pursuant to
section 14-10-122.
(7) Maintenance agreements - waiver - unrepresented parties. (a) Either or
both of the parties may agree in writing or orally in court to waive maintenance consistent with the provisions of section 14-10-112. The parties may also agree to waive maintenance in a premarital agreement or marital agreement consistent with the provisions of the Uniform Premarital and Marital Agreements Act, created in part 3 of article 2 of this title. The enforceability of maintenance provisions in a premarital agreement or marital agreement is determined pursuant to the provisions of section 14-2-309.
(b) In any proceeding that falls within the maintenance guidelines set forth in
subsection (3) of this section, at the time of either temporary orders or permanent orders, if either party is not represented by an attorney or a licensed legal paraprofessional, the court shall not approve an agreement waiving maintenance or agreeing to an amount or term of maintenance that does not follow the maintenance guidelines unless the unrepresented party has indicated that the party is aware of the maintenance guidelines pursuant to this section.
(8) Definitions. As used in this section, unless the context otherwise
requires:
(a) (I) Adjusted gross income means gross income as defined in subsection
(8)(c) of this section, less preexisting court-ordered child support obligations actually paid by a party, preexisting court-ordered alimony or maintenance obligations actually paid by a party, as adjusted, if applicable, pursuant to subsection (8)(a)(III) of this section, and the adjustment to a party's income as determined pursuant to section 14-10-115 (6)(b) for any children who are not children of the marriage for whom the party has a legal responsibility to support.
(II) For purposes of this subsection (8)(a), income means the actual gross
income of a party, if employed to full capacity, or potential income, if unemployed or underemployed.
(III) (A) For purposes of this subsection (8)(a), if the preexisting court-ordered
alimony or maintenance obligations actually paid by a party are deductible for federal income tax purposes by that party, then the full amount of alimony or maintenance actually paid must be deducted from that party's gross income.
(B) If the preexisting court-ordered alimony or maintenance obligations
actually paid by a party are not deductible for federal income tax purposes by that party, then the amount of preexisting court-ordered alimony or maintenance that is deducted from that party's gross income is the amount actually paid by that party multiplied by 1.25.
(b) Duration of marriage means the number of whole months, beginning
from the first day of the month following the date of the parties' marriage until the date of decree or the date of the hearing on disposition of property if such hearing precedes the date of the decree.
(c) (I) Gross income means income from any source and includes, but is not
limited to:
(A) Income from salaries;
(B) Wages, including tips declared by the individual for purposes of reporting
to the federal internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater;
(C) Commissions;
(D) Payments received as an independent contractor for labor or services,
which payments must be considered income from self-employment;
(E) Bonuses;
(F) Dividends;
(G) Severance pay;
(H) Pension payments and retirement benefits actually received that have
not previously been divided as property in this action, including but not limited to those paid pursuant to articles 51, 54, 54.5, and 54.6 of title 24, C.R.S., and article 30 of title 31, C.R.S.;
(I) Royalties;
(J) Rents;
(K) Interest;
(L) Trust income and distributions;
(M) Annuity payments;
(N) Capital gains;
(O) Any moneys drawn by a self-employed individual for personal use that
are deducted as a business expense, which moneys must be considered income from self-employment;
(P) Social security benefits, including social security benefits actually
received by a party as a result of the disability of that party;
(Q) Workers' compensation benefits;
(R) Unemployment insurance benefits;
(S) Disability insurance benefits;
(T) Funds held in or payable from any health, accident, disability, or casualty
insurance to the extent that such insurance replaces wages or provides income in lieu of wages;
(U) Monetary gifts;
(V) Monetary prizes, excluding lottery winnings not required by the rules of
the Colorado lottery commission to be paid only at the lottery office;
(W) Income from general partnerships, limited partnerships, closely held
corporations, or limited liability companies; except that, if a party is a passive investor, has a minority interest in the company, and does not have any managerial duties or input, then the income to be recognized may be limited to actual cash distributions received;
(X) Expense reimbursements or in-kind payments received by a party in the
course of employment, self-employment, or operation of a business if they are significant and reduce personal living expenses;
(Y) Alimony or maintenance received pursuant to a preexisting court order
with a payor who is not a party to the action, as adjusted, if applicable, pursuant to subsection (8)(c)(VI) of this section; and
(Z) Overtime pay, only if the overtime is required by the employer as a
condition of employment.
(II) Gross income does not include:
(A) Child support payments received;
(B) Benefits received from means-tested public assistance programs,
including but not limited to assistance provided under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance;
(C) Income from additional jobs that result in the employment of the obligor
more than forty hours per week or more than what would otherwise be considered to be full-time employment;
(D) Social security benefits received by a parent on behalf of a minor child as
a result of the death or disability of a parent or stepparent; and
(E) Earnings or gains on retirement accounts, including individual retirement
accounts; except that such earnings or gains shall not be included as income unless a party takes a distribution from the account. If a party may take a distribution from the account without being subject to a federal tax penalty for early distribution and the party chooses not to take a distribution, the court may consider the distribution that could have been taken in determining the party's gross income.
(III) (A) For income from self-employment, rent, royalties, proprietorship of a
business, or joint ownership of a partnership or closely held corporation, gross income equals gross receipts minus ordinary and necessary expenses, as defined in sub-subparagraph (B) of this subparagraph (III), required to produce such income.
(B) Ordinary and necessary expenses, as used in sub-subparagraph (A) of
this subparagraph (III), does not include amounts allowable by the internal revenue service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating maintenance.
(IV) If a party is voluntarily unemployed or underemployed, maintenance
must be calculated based on a determination of potential income; except that a determination of potential income must not be made for a party who is physically or mentally incapacitated or is caring for a child under the age of twenty-four months for whom the parties owe a joint legal responsibility or for an incarcerated parent sentenced to one hundred eighty days or more.
(V) For the purposes of this section, a party shall not be deemed
underemployed if:
(A) The employment is temporary and is reasonably intended to result in
higher income within the foreseeable future; or
(B) The employment is a good faith career choice; or
(C) The party is enrolled in an educational program that is reasonably
intended to result in a degree or certification within a reasonable period of time and that will result in a higher income, so long as the educational program is a good faith career choice.
(VI) For purposes of subsection (8)(c)(I)(Y) of this section, if alimony or
maintenance received by a party pursuant to a preexisting court order is taxable income to that party for federal income tax purposes, then the actual amount of alimony or maintenance received is included in that party's gross income. If the alimony or maintenance received by a party pursuant to a preexisting court order is not taxable income to that party for federal income tax purposes, then the amount of alimony or maintenance that is included in that party's gross income is the amount of alimony or maintenance received multiplied by 1.25.
(9) Application. The provisions of this section apply only to actions in which a
petition for dissolution of marriage, legal separation, or declaration of invalidity, or an action for the initial establishment of maintenance is filed on or after January 1, 2014. Actions filed before January 1, 2014, are determined pursuant to the provisions of this section as it existed at the time of the filing of the action.
Source: L. 71: R&RE, p. 526, � 1. C.R.S. 1963: � 46-1-14. L. 79: (2)(b) amended,
p. 644, � 1, effective July 1. L. 98: (2)(a) amended, p. 1397, � 41, effective February 1, 1999. L. 2001: Entire section amended, p. 481, � 1, effective July 1. L. 2007: (2)(b)(IV)(A) amended, p. 107, � 2, effective March 16. L. 2013: Entire section R&RE, (HB 13-1058), ch. 176, p. 639, � 1, effective January 1, 2014. L. 2014: (9) amended, (HB 14-1379), ch. 307, p. 1300, � 1, effective May 31. L. 2015: (7)(a) amended, (SB 15-264), ch. 259, p. 951, � 36, effective August 5. L. 2016: (8)(a)(I) amended, (HB 16-1165), ch. 157, p. 497, � 10, effective January 1, 2017. L. 2018: (1)(c), (3)(a)(I)(C), (3)(a)(I)(D), IP(3)(b), (3)(b)(I), (3)(b)(II)(A), (3)(c)(XI), (3)(c)(XII), (8)(a), and (8)(c)(I)(Y) amended and (3)(a)(I)(E), (3)(c)(XIII), (3.5), (5)(c), and (8)(c)(VI) added, (HB 18-1385), ch. 251, p. 1543, � 1, effective August 8. L. 2024: (7)(b) amended, (HB 24-1291), ch. 131, p. 469, � 12, effective August 7. L. 2025: (8)(c)(IV) amended, (HB 25-1159), ch. 334, p. 1731, � 1, effective May 31; (3)(c)(XII) amended and (3)(c)(XII.5) added, (SB 25-116), ch. 212, p. 961, � 4, effective August 6.
Editor's note: For purposes of subsection (3)(b), the uppermost limits of the
schedule of basic child support obligations were changed by House Bill 13-1209 from an annual combined adjusted gross income of $240,000 to an annual combined adjusted gross income of $360,000, effective January 1, 2014. (See � 14-10-115 (7).)
Cross references: For the legislative declaration in SB 25-116, see section 1
of chapter 212, Session Laws of Colorado 2025.
C.R.S. § 14-10-115
14-10-115. Child support guidelines - purpose - determination of income - schedule of basic child support obligations - adjustments to basic child support - additional guidelines - child support commission - definitions. (1) Purpose and applicability. (a) The child support guidelines and schedule of basic child support obligations have the following purposes:
(I) To establish as state policy an adequate standard of support for children,
subject to the ability of parents to pay;
(II) To make awards more equitable by ensuring more consistent treatment
of persons in similar circumstances; and
(III) To improve the efficiency of the court process by promoting settlements
and giving courts and the parties guidance in establishing levels of awards.
(b) The child support guidelines and schedule of basic child support
obligations do the following:
(I) Calculate child support based upon the parents' combined adjusted gross
income estimated to have been allocated to the child if the parents and children were living in an intact household;
(II) Adjust the child support based upon the needs of the children for
extraordinary medical expenses and work-related child care costs; and
(III) Allocate the amount of child support to be paid by each parent based
upon physical care arrangements.
(c) This section shall apply to all child support obligations, established or
modified, as a part of any proceeding, including, but not limited to, articles 5, 6, and 10 of this title and articles 4 and 6 of title 19, C.R.S., regardless of when filed.
(2) Duty of support - factors to consider. (a) In a proceeding for dissolution
of marriage, legal separation, maintenance, or child support, the court shall, to the extent allowable within the court's jurisdiction, enter an order directing either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support and may order an amount determined to be reasonable under the circumstances for a time period that occurred after the date of the parties' physical separation or the filing of the petition or service upon the respondent, whichever date is latest, and prior to the month the child support obligation begins, without regard to marital misconduct.
(b) In determining the amount of support under this subsection (2), the court
shall consider all relevant factors, including:
(I) The financial resources of the child;
(II) The financial resources of the custodial parent;
(III) The standard of living the child would have enjoyed had the marriage not
been dissolved;
(IV) The physical and emotional condition of the child and his or her
educational needs; and
(V) The financial resources and needs of the noncustodial parent.
(3) Definitions. As used in this section, unless the context otherwise
requires:
(a) (I) Adjusted gross income means gross income, as specified in
subsection (5) of this section, less preexisting child support obligations and less alimony or maintenance actually paid by a parent, as described in subsection (3)(a)(II) of this section.
(II) For purposes of this subsection (3)(a), if the alimony or maintenance
actually paid by a parent is deductible for federal income tax purposes by that parent, and the alimony or maintenance is paid and received by the same parties as the child support calculation, then the actual amount of alimony or maintenance paid by that parent must be deducted from that parent's gross income. If the alimony or maintenance actually paid by a parent is not deductible for federal income tax purposes by that parent, then the amount of alimony or maintenance deducted from that parent's gross income is the amount of alimony or maintenance actually paid by that parent subject to the following adjustments:
(A) If the combined monthly adjusted gross income of the parties to the
maintenance payment is ten thousand dollars or less, the maintenance actually paid will be multiplied by 1.25;
(B) If the combined monthly adjusted gross income of the parties to the
maintenance payment is more than ten thousand dollars, the maintenance actually paid will be multiplied by 1.33; and
(C) If the amount of alimony or maintenance actually paid is increased as
described in this section because it is not deductible for federal income tax purposes, there is a rebuttable presumption that the multiplier is correct. The presumption may be rebutted with evidence indicating a different multiplier is more accurate due to the tax implications of the maintenance payment being different than that reflected by the multiplier.
(III) If a court-ordered alimony or maintenance obligation actually paid by a
party does not involve the same parties as the child support calculation and is not deductible for federal income tax purposes by that party, then the amount of the court-ordered alimony or maintenance that is deducted from that party's gross income is the amount actually paid by that party multiplied by 1.25.
(b) Combined gross income means the combined monthly adjusted gross
incomes of both parents.
(c) Income means the actual gross income of a parent, if employed to full
capacity, or potential income, if unemployed or underemployed. Gross income of each parent shall be determined according to subsection (5) of this section.
(c.5) Mandatory school fees means fees charged by a school or school
district, including a charter school, for a child attending public primary or secondary school for activities that are directly related to the educational mission of the school, including but not limited to laboratory fees; book or educational material fees; school computer or automation-related fees, whether paid to the school directly or purchased by a parent; testing fees; and supply or material fees paid to the school. Mandatory school fees does not include uniforms, meals, or extracurricular activity fees.
(d) Number of children due support, as used in the schedule of basic child
support obligations specified in subsection (7) of this section, means children for whom the parents share joint legal responsibility and for whom support is being sought.
(e) Other children means children who are not the subject of the child
support determination at issue.
(f) Postsecondary education includes college and career and technical
education programs.
(g) Postsecondary education support means support for the following
expenses associated with attending a college, university, or career and technical education program: Tuition, books, and fees.
(g.5) [Editor's note: Subsection (3)(g.5) is effective March 1, 2026.] Self-support reserve means an amount equal to the state hourly minimum wage
multiplied by twenty-nine hours per week, multiplied by fifty weeks per year, divided by twelve months.
(h) [Editor's note: This version of subsection (3)(h) is effective until March 1,
2026.] Shared physical care, for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in paragraph (b) of subsection (8) of this section, means that each parent keeps the children overnight for more than ninety-two overnights each year and that both parents contribute to the expenses of the children in addition to the payment of child support.
(h) [Editor's note: This version of subsection (3)(h) is effective March 1,
2026.] Shared physical care, for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in subsection (8)(b) of this section, means that each parent keeps the children for at least one overnight each year and that both parents contribute to the expenses of the children in addition to the payment of child support.
(i) [Editor's note: This version of subsection (3)(i) is effective until March 1,
2026.] Split physical care, for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in paragraph (c) of subsection (8) of this section, means that each parent has physical care of at least one of the children by means of that child or children residing with that parent the majority of the time.
(i) [Editor's note: This version of subsection (3)(i) is effective March 1, 2026.]
Split physical care, for the purposes of the child support guidelines and schedule of basic child support obligations specified in this section, and as further specified in subsection (8)(c) of this section, means that each parent has physical care of at least one of the children by means of that child or children residing with that parent more than fifty percent of the time.
(4) Forms - identifying information - advisement. (a) The child support
guidelines must be used with standardized child support guideline forms to be issued by the judicial department. The judicial department is responsible for promulgating and updating the Colorado child support guideline forms, schedules, worksheets, instructions, and advisements.
(b) All child support orders entered pursuant to this article shall provide the
names and dates of birth of the parties and of the children who are the subject of the order and the parties' residential and mailing addresses. The social security numbers of the parties and children shall be collected pursuant to section 14-14-113 and section 26-13-127, C.R.S.
(c) All child support orders entered pursuant to this article 10 must include a
written advisement to the parties that conforms with the written child support advisement approved by the judicial branch, covering the following topics, in plain language:
(I) That a party who does not pay child support may be subject to judicial and
administrative enforcement remedies and examples of those remedies;
(II) The operation of income assignments;
(III) The application of interest on arrears;
(IV) The parties' obligations concerning proof of payment;
(V) The basis for a modification or change of support, including the definition
of a substantial and continuing change of circumstances;
(VI) The effect of agreements to modify or amend child support and the
requirement for court authorization or administrative process action of all modifications or amendments;
(VII) The effect of emancipation; and
(VIII) The effect of spousal maintenance.
(5) Determination of income. (a) For the purposes of the child support
guidelines and schedule of basic child support obligations specified in this section, the gross income of each parent is determined according to the following guidelines:
(I) Gross income includes income from any source, except as otherwise
provided in subsection (5)(a)(II) of this section, and includes, but is not limited to:
(A) Income from salaries;
(B) Wages, including tips declared by the individual for purposes of reporting
to the federal internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater;
(C) Commissions;
(D) Payments received as an independent contractor for labor or services,
which payments must be considered income from self-employment;
(E) Bonuses;
(F) Dividends;
(G) Severance pay;
(H) Pensions and retirement benefits, including but not limited to those paid
pursuant to articles 51, 54, 54.5, and 54.6 of title 24, C.R.S., and article 30 of title 31, C.R.S.;
(I) Royalties;
(J) Rents;
(K) Interest;
(L) Trust income;
(M) Annuities;
(N) Capital gains;
(O) Any moneys drawn by a self-employed individual for personal use that
are deducted as a business expense, which moneys must be considered income from self-employment;
(P) Social security benefits, including social security benefits actually
received by a parent as a result of the disability of that parent or as the result of the death of the minor child's stepparent but not including social security benefits received by a minor child or on behalf of a minor child as a result of the death or disability of a stepparent of the child;
(Q) Workers' compensation benefits;
(R) Unemployment insurance benefits;
(S) Disability insurance benefits;
(T) Funds held in or payable from any health, accident, disability, or casualty
insurance to the extent that such insurance replaces wages or provides income in lieu of wages;
(U) Monetary gifts;
(V) Monetary prizes, excluding lottery winnings not required by the rules of
the Colorado lottery commission to be paid only at the lottery office;
(W) Income from general partnerships, limited partnerships, closely held
corporations, or limited liability companies. However, if a parent is a passive investor, has a minority interest in the company, and does not have any managerial duties or input, then the income to be recognized may be limited to actual cash distributions received.
(X) Expense reimbursements or in-kind payments received by a parent in the
course of employment, self-employment, or operation of a business if they are significant and reduce personal living expenses;
(Y) Alimony or maintenance received, as adjusted, if applicable, pursuant to
subsection (5)(a)(I.5) of this section; and
(Z) Overtime pay, only if the overtime is required by the employer as a
condition of employment.
(I.5) For purposes of subsection (5)(a)(I)(Y) of this section, if the alimony or
maintenance actually received by a parent is taxable income to that parent for federal income tax purposes, then the actual amount of alimony or maintenance received is included in that parent's gross income. If the alimony or maintenance actually received by a parent is not taxable income to that parent for federal income tax purposes, and the alimony or maintenance is paid and received by the same parties as the child support calculation, then the amount of alimony or maintenance that is included in that parent's gross income is the amount of alimony or maintenance received by that parent subject to the following adjustments:
(A) If the combined monthly adjusted gross income of the parties to the
maintenance payment is ten thousand dollars or less, the maintenance actually received will be multiplied by 1.25;
(B) If the combined monthly adjusted gross income of the parties to the
maintenance payment is more than ten thousand dollars, the maintenance actually received will be multiplied by 1.33; and
(C) If the amount of alimony or maintenance actually received is increased as
described in this section because it is not deductible for federal income tax purposes, there is a rebuttable presumption that the multiplier is correct. The presumption may be rebutted with evidence indicating a different multiplier is more accurate due to the tax implications of the maintenance payment being different than that reflected by the multiplier.
(II) Gross income does not include:
(A) Child support payments received;
(B) Benefits received from means-tested public assistance programs,
including but not limited to assistance provided under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., supplemental security income, food stamps, and general assistance;
(C) Income from additional jobs that result in the employment of more than
forty hours per week or more than what would otherwise be considered to be full-time employment;
(D) Social security benefits received by the minor children, or on behalf of
the minor children, as a result of the death or disability of a stepparent are not to be included as income for the minor children for the determination of child support; and
(E) Earnings or gains on a retirement account, including an IRA, which
earnings or gains must not be included as income unless or until a parent takes a distribution from the account. If a distribution from a retirement account may be taken without being subject to an IRS penalty for early distribution and the parent decides not to take the distribution, the court may consider the distribution that could have been taken in determining the parent's gross income if the parent is not otherwise employed full-time and the retirement account was not received pursuant to the division of marital property.
(III) (A) For income from self-employment, rent, royalties, proprietorship of a
business, or joint ownership of a partnership or closely held corporation, gross income equals gross receipts minus ordinary and necessary expenses, as defined in sub-subparagraph (B) of this subparagraph (III), required to produce such income.
(B) Ordinary and necessary expenses does not include amounts allowable
by the internal revenue service for the accelerated component of depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining gross income for purposes of calculating child support; except that the court may consider straight-line depreciation, if appropriate, even if accelerated depreciation was used in the party's income tax forms.
(IV) If a preexisting court-ordered alimony or maintenance obligation
actually paid by a party does not involve the same parties as the child support calculation and is not deductible for federal income tax purposes by that party, then the amount of preexisting court-ordered alimony or maintenance that is deducted from that party's gross income is the amount actually paid by that party multiplied by 1.25.
(b) (I) If a parent is voluntarily unemployed or underemployed, child support
must be calculated based on a determination of potential income; except that a determination of potential income must not be made for:
(A) A parent who is physically or mentally incapacitated;
(B) A parent who is caring for a child under the age of twenty-four months
for whom the parents owe a joint legal responsibility; or
(C) An incarcerated parent sentenced to one hundred eighty days or more.
(I.5) If the court or delegate child support enforcement unit imputes income
pursuant to this subsection (5), the provisions of subsection (5)(b.5) of this section apply.
(II) If a noncustodial parent who owes past-due child support is unemployed
and not incapacitated and has an obligation of support to a child receiving assistance pursuant to part 7 of article 2 of title 26, C.R.S., the court or delegate child support enforcement unit may order the parent to pay such support in accordance with a plan approved by the court or to participate in work activities. Work activities may include one or more of the following:
(A) Private or public sector employment;
(B) Job search activities;
(C) Community service;
(D) Vocational training; or
(E) Any other employment-related activities available to that particular
individual.
(III) For the purposes of this section, a parent is not deemed
underemployed if:
(A) The employment is temporary and is reasonably intended to result in
higher income within the foreseeable future; or
(B) The employment is a good faith career choice that is not intended to
deprive a child of support and does not unreasonably reduce the support available to a child; or
(C) The parent is enrolled full-time in an educational or vocational program
or is employed part-time while enrolled in a part-time educational or vocational program, based on the institution's enrollment definitions, and the program is reasonably intended to result in a degree or certification within a reasonable period of time; completing the program will result in a higher income; the program is a good faith career choice that is not intended to deprive the child of support; and the parent's participation in the program does not unreasonably reduce the amount of child support available to a child.
(b.5) (I) Except as otherwise provided in this section, if the court or delegate
child support enforcement unit determines that a parent is voluntarily unemployed or underemployed or employment information is unreliable, the court or delegate child support enforcement unit shall determine and document, for the record, the parent's potential income.
(II) In determining potential income, the court or delegate child support
enforcement unit shall consider, to the extent known, the specific circumstances of the parent, including consideration of the following information, when available:
(A) The parent's assets;
(B) Residence;
(C) Employment and earnings history;
(D) Job skills;
(E) Educational attainment;
(F) Literacy;
(G) Age;
(H) Health;
(I) Criminal record;
(J) Other employment barriers;
(K) Record of seeking work;
(L) The local job market;
(M) The availability of employers hiring in the community, without changing
existing law regarding the burden of proof;
(N) Prevailing earnings level in the local community. The typical hours
available to workers in the parent's job sector as established by any reliable source generally used and relied on by the public or persons in a particular occupation, including, but not limited to, verified statements, work history, the United States department of labor's bureau of labor statistics or other reliable compilations, the department of labor and employment, or other information provided by the parent. In the absence of any such information, the court or delegate child support enforcement unit shall determine the parent's income based on a reasonable rate of pay for a thirty-two-hour workweek for fifty weeks each year, subject to other factors set forth in this section that may affect the number of hours the parent is capable of working, such as age, health, or the specific needs of the subject child.
(O) Transportation; and
(P) Other relevant background factors in the case.
(c) Income statements of the parents shall be verified with documentation of
both current and past earnings. Suitable documentation of current earnings includes pay stubs, employer statements, or receipts and expenses if self-employed. Documentation of current earnings shall be supplemented with copies of the most recent tax return to provide verification of earnings over a longer period. A copy of wage statements or other wage information obtained from the computer database maintained by the department of labor and employment shall be admissible into evidence for purposes of determining income under this subsection (5).
(6) Adjustments to gross income. (a) At the time a child support order is
initially established, or in any proceeding to modify a child support order, if a parent is also legally responsible for the support of any other children for whom the parents do not share joint legal responsibility, the court shall make an adjustment to the parent's gross income prior to calculating the basic child support obligation for the child or children who are the subject of the support order in question as follows:
(I) If a parent is obligated to pay support for another child pursuant to an
order, the amount actually paid on the order must be deducted from that parent's gross income;
(II) If the other child is residing in the home of a parent, the court shall
deduct from that parent's gross income the amount calculated pursuant to paragraph (b) of this subsection (6);
(III) If another child of a parent is residing outside the home of that parent,
the court shall deduct from that parent's gross income the amount of documented money payments actually paid by the parent for the support of the other child, not to exceed the schedule of basic support obligations set forth in subsection (7) of this section.
(b) The amount of the adjustment must not exceed the schedule of basic
support obligations listed in this section. For a parent with gross income of less than one thousand five hundred dollars, the adjustment is seventy-five percent of the amount listed under the schedule of basic child support obligations in subsection (7)(b) of this section that would represent a child support obligation based only upon the responsible parent's income, without any other adjustments for the number of children for whom the parent is responsible. For a parent with gross income of one thousand five hundred dollars or more per month, the adjustment is seventy-five percent of the amount listed under the schedule of basic child support obligations in subsection (7)(b) of this section that would represent a child support obligation based only upon the responsible parent's income, without any other adjustments for the number of other children for whom the parent is responsible. The amount calculated as set forth in this subsection (6)(b) must be subtracted from the amount of the parent's gross income prior to calculating the basic child support obligation based upon both parents' gross income, as provided in subsection (7) of this section.
(7) Schedule of basic child support obligations. (a) [Editor's note: This
version of subsection (7)(a) is effective until March 1, 2026.] (I) The basic child support obligation shall be determined using the schedule of basic child support obligations contained in paragraph (b) of this subsection (7). The basic child support obligation shall be divided between the parents in proportion to their adjusted gross incomes.
(II) (A) For combined gross income that falls between amounts shown in the
schedule of basic child support obligations, basic child support amounts shall be interpolated. The category entitled number of children due support in the schedule of basic child support obligations shall have the meaning defined in subsection (3) of this section.
(B) In circumstances in which the obligor's monthly adjusted gross income is
less than one thousand five hundred dollars but more than six hundred fifty dollars, the obligor is required to pay a child support payment of fifty dollars per month for one child, seventy dollars per month for two children, ninety dollars per month for three children, one hundred ten dollars per month for four children, one hundred thirty dollars per month for five children, and one hundred fifty dollars per month for six or more children. The minimum order amount shall not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (3)(h) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody.
(C) For an obligor with an adjusted gross income that is less than or equal to
one thousand five hundred dollars but more than six hundred fifty dollars, the obligor's child support amount, as determined pursuant to subsection (7)(a)(II)(B) of this section, must be adjusted pursuant to subsection (11)(c)(III) of this section. The obligor's child support amount may be further adjusted to include a share of the work-related and education-related child care costs, health insurance, extraordinary medical expenses, and other extraordinary adjustments as described in subsections (9), (10), (11)(a), and (11)(b) of this section. However, if at the time the child support obligation is calculated, adjustments made pursuant to subsections (9), (10), (11)(a), and (11)(b) of this section, together with the low-income adjustment amount, exceed twenty percent of the obligor's adjusted gross income, the child support obligation must be capped at twenty percent of the obligor's adjusted gross income. The low-income adjustment does not apply when each parent keeps the children more than ninety-two overnights each year as defined in subsection (8) of this section. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody.
(D) In any circumstance in which the obligor's monthly adjusted gross
income is less than or equal to six hundred fifty dollars, regardless of the monthly adjusted gross income of the obligee, the obligor must be ordered to pay the minimum monthly order amount in child support. The minimum order amount is ten dollars per month, regardless of the number of children between these parties. The ten-dollar minimum monthly order amount is not adjusted by the number of the obligor's overnights with children.
(E) The judge may use discretion to determine child support in
circumstances where combined adjusted gross income exceeds the uppermost levels of the schedule of basic child support obligations; except that the presumptive basic child support obligation shall not be less than it would be based on the highest level of adjusted gross income set forth in the schedule of basic child support obligations.
(7) Schedule of basic child support obligations. (a) [Editor's note: This
version of subsection (7)(a) is effective March 1, 2026.] (I) The basic child support obligation must be determined using the schedule of basic child support obligations contained in subsection (7)(b) of this section. The basic child support obligation must be divided between the parents in proportion to each parent's adjusted gross income.
(II) For a combined gross income that falls between amounts shown in the
schedule of basic child support obligations, basic child support amounts must be interpolated.
(III) (A) In any circumstance in which the obligor's monthly adjusted gross
income is less than or equal to six hundred fifty dollars, regardless of the monthly adjusted gross income of the obligee, the court shall order the obligor to pay the minimum monthly order amount in child support. The minimum order amount is ten dollars per month, regardless of the number of children between the parties. If, as a result of shared parenting time, the obligor's presumptive total monthly child support obligation is less than ten dollars then the ten-dollar minimum monthly order amount does not apply and the presumptive total monthly child support obligation applies.
(B) In circumstances in which the obligor's monthly adjusted gross income is
less than or equal to the self-support reserve but more than six hundred fifty dollars, the obligor's basic child support obligation is reduced to fifty dollars per month for one child, seventy dollars per month for two children, ninety dollars per month for three children, one hundred ten dollars per month for four children, one hundred thirty dollars per month for five children, and one hundred fifty dollars per month for six or more children. The reduced low-income adjustment does not apply if, as a result of shared parenting time, the adjustment is greater than the obligor's presumptive total monthly child support obligation calculated pursuant to the child support guidelines. The amount of child support owed by a parent with shared physical care must not exceed the amount owed by that same parent if the parent had no overnights.
(C) For an obligor with an adjusted gross income that is less than or equal to
the self-support reserve but more than six hundred fifty dollars, the obligor's basic child support obligation as reduced by the low-income adjustment pursuant to subsection (7)(a)(III)(B) of this section, must be adjusted pursuant to subsection (11)(c)(III) of this section. The obligor's child support amount may be further adjusted to include a share of the work-related and education-related child care costs, health insurance, extraordinary medical expenses, and other extraordinary adjustments as described in subsections (9), (10), (11)(a), and (11)(b) of this section. However, if at the time the child support obligation is calculated, adjustments made pursuant to subsections (9), (10), (11)(a), and (11)(b) of this section, together with the reduced low-income adjustment amount, exceed ten percent of the obligor's adjusted gross income, the child support obligation must be capped at ten percent of the obligor's adjusted gross income. The amount of child support owed by a parent with shared parenting time must not exceed the amount owed by that same parent if the parent had no overnights.
(IV) The final presumptive child support obligation, including adjustments
made pursuant to subsections (9), (10), (11)(a), (11)(b), and (11)(c)(III) of this section, must not exceed twenty percent of the obligor's adjusted gross income if the obligor's monthly adjusted gross income is above the self-support reserve and less than or equal to the state minimum wage multiplied by forty hours, multiplied by fifty-two weeks a year, divided by twelve months. The amount of child support owed by a parent with shared physical care must not exceed the amount owed by that same parent if the parent had no overnights.
(V) (A) For an obligor with an adjusted gross income that is above the self-support reserve, the obligor's basic child support obligation must be adjusted by
deducting the self-support reserve amount from the obligor's adjusted gross income. The difference calculated must be equal to eighty percent of the difference for one child, eighty-five percent of the difference for two children, eighty-nine percent of the difference for three children, ninety-two percent of the difference for four children, ninety-four percent of the difference for five children, and ninety-five percent of the difference for six or more children.
(B) If the resulting difference calculated pursuant to subsection (7)(a)(V)(A)
of this section is less than the reduced low-income adjustment calculated pursuant to subsection (7)(a)(III)(A) of this section, the obligor's basic child support obligation is equal to the reduced low-income adjustment.
(C) If the resulting difference calculated pursuant to subsection (7)(a)(V)(A)
of this section is more than the reduced low-income adjustment calculated pursuant to subsection (7)(a)(III)(A) of this section but less than the schedule of basic child support obligation, the obligor's basic child support obligation is equal to the amount calculated pursuant to subsection (7)(a)(V)(A) of this section.
(D) If the resulting difference calculated pursuant to subsection (7)(a)(V)(A)
of this section is equal to or more than the schedule of basic child support obligation, the amount listed in the schedule of basic child support obligation applies.
(VI) In addition to the adjustments described in this subsection (7)(a), the
obligor's child support amount must be further adjusted for work-related and education-related child care costs, health insurance, extraordinary medical expenses, and other extraordinary adjustments as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(II) of this section.
(VII) The judge may use discretion to determine child support in
circumstances when the combined adjusted gross income exceeds the uppermost levels of the schedule of basic child support obligations; except that the presumptive basic child support obligation must not be less than it would be based on the highest level of adjusted gross income set forth in the schedule of basic child support obligations.
(b) [Editor's note: This version of subsection (7)(b) is effective until March 1,
2026.] Schedule of basic child support obligations:
[Insert 14-10-115(7)(b).pdf here]
(b) [Editor's note: This version of subsection (7)(b) is effective March 1,
2026.] Schedule of basic child support obligations:
[Insert 14-10-115(7)(b).pdf here]
(8) Computation of basic child support - shared physical care - split
physical care - stipulations - deviations - basis for periodic updates. (a) [Editor's note: This version of subsection (8)(a) is effective until March 1, 2026.] Except in cases of shared physical care or split physical care as defined in paragraphs (h) and (i) of subsection (3) of this section, a total child support obligation is determined by adding each parent's respective basic child support obligation, as determined through the guidelines and schedule of basic child support obligations specified in subsection (7) of this section, work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations. The parent receiving a child support payment shall be presumed to spend his or her total child support obligation directly on the children. The parent paying child support to the other parent shall owe his or her total child support obligation as child support to the other parent minus any ordered payments included in the calculations made directly on behalf of the children for work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations.
(8) Computation of basic child support - shared overnight parenting time -
split physical care - stipulations - deviations - basis for periodic updates. (a) [Editor's note: This version of subsection (8)(a) is effective March 1, 2026.] A total child support obligation is determined by adding each parent's respective basic child support obligation, as determined through the child support guidelines and schedule of basic child support obligations specified in subsection (7) of this section, education and work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(II) of this section. The parent receiving a child support payment is presumed to spend the total child support obligation directly on the children. The parent paying child support to the other parent owes the total child support obligation as child support to the other parent minus any ordered payments included in the calculations made directly on behalf of the children for education and work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(II) of this section.
(b) [Editor's note: This version of subsection (8)(b) is effective until March 1,
2026.] Because shared physical care presumes that certain basic expenses for the children will be duplicated, an adjustment for shared physical care is made by multiplying the basic child support obligation by one and fifty hundredths (1.50). In cases of shared physical care, each parent's adjusted basic child support obligation obtained by application of paragraph (b) of subsection (7) of this section shall first be divided between the parents in proportion to their respective adjusted gross incomes. Each parent's share of the adjusted basic child support obligation shall then be multiplied by the percentage of time the children spend with the other parent to determine the theoretical basic child support obligation owed to the other parent. To these amounts shall be added each parent's proportionate share of work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations. The parent owing the greater amount of child support shall owe the difference between the two amounts as a child support order minus any ordered direct payments made on behalf of the children for work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations. In no case, however, shall the amount of child support ordered to be paid exceed the amount of child support that would otherwise be ordered to be paid if the parents did not share physical custody.
(b) [Editor's note: This version of subsection (8)(b) is effective March 1,
2026.] Shared overnight parenting time presumes that certain basic expenses for the children will be paid directly by the overnight parent; therefore, expenses may be duplicated and an adjustment for shared parenting time is necessary. The shared parenting time adjustment is calculated by identifying the parenting time credit percentage listed in the parenting time table in subsection (8)(h) of this section based upon the number of overnights for each parent. The parenting time credit is the total basic child support obligation multiplied by that parent's parenting time credit percentage. The shared parenting adjustment is deducted from each parent's share of the basic child support obligation, which is in addition to each parent's proportionate share of education and work-related net child care costs, extraordinary medical expenses, and extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(II) of this section. The parent owing the greater amount of child support owes the difference between the two amounts as a child support order minus any ordered direct payments made on behalf of the children for education and work-related net child care costs, extraordinary medical expenses, or extraordinary adjustments to the schedule of basic child support obligations, as described in subsections (9), (10), (11)(a), (11)(b), and (11)(c)(II) of this section. The amount of child support ordered to be paid must not exceed the amount owed by that same parent if the parent had no overnights. For purposes of calculating overnights when two or more children are included in the child support worksheet calculation and the parties have a different number of overnights with each of the two or more children, the number of overnights is determined by adding the number of overnights for each child and dividing the resulting number by the number of children included in the child support worksheet calculation.
(c) [Editor's note: This version of subsection (8)(c) is effective until March 1,
2026.] (I) In cases of split physical care, a child support obligation shall be computed separately for each parent based upon the number of children living with the other parent in accordance with subsections (7), (9), (10), and (11) of this section. The amount so determined shall be a theoretical support obligation due each parent for support of the child or children for whom he or she has primary physical custody. The obligations so determined shall then be offset, with the parent owing the larger amount owing the difference between the two amounts as a child support order.
(II) If the parents also share physical care as outlined in paragraph (b) of this
subsection (8), an additional adjustment for shared physical care shall be made as provided in paragraph (b) of this subsection (8).
(c) [Editor's note: This version of subsection (8)(c) is effective March 1,
2026.] In cases of split physical care, the number of overnights used to calculate a child support obligation must be computed in the same manner as shared overnight parenting time: By adding the number of overnights for each child and dividing the resulting number by the number of children included in the child support worksheet calculation.
(d) Stipulations presented to the court shall be reviewed by the court for
approval. No hearing shall be required; however, the court shall use the guidelines and schedule of basic child support obligations to review the adequacy of child support orders negotiated by the parties as well as the financial affidavit that fully discloses the financial status of the parties as required for use of the guidelines and schedule of basic child support obligations.
(e) In an action to establish or modify child support, whether temporary or
permanent, the guidelines and schedule of basic child support obligations set forth in subsection (7) of this section shall be used as a rebuttable presumption for the establishment or modification of the amount of child support. A court may deviate from the guidelines and schedule of basic child support obligations where its application would be inequitable, unjust, or inappropriate. Any such deviation shall be accompanied by written or oral findings by the court specifying the reasons for the deviation and the presumed amount under the guidelines and schedule of basic child support obligations without a deviation. These reasons may include, but are not limited to, instances where one of the parents spends substantially more time with the child than is reflected by a straight calculation of overnights, the extraordinary medical expenses incurred for treatment of either parent or a current spouse, extraordinary costs associated with parenting time, the gross disparity in income between the parents, the ownership by a parent of a substantial nonincome producing asset, consistent overtime not considered in gross income under sub-subparagraph (C) of subparagraph (II) of paragraph (a) of subsection (5) of this section, or income from employment that is in addition to a full-time job or that results in the employment of the obligor more than forty hours per week or more than what would otherwise be considered to be full-time employment. The existence of a factor enumerated in this section does not require the court to deviate from the guidelines and basic schedule of child support obligations but may be a factor to be considered in the decision to deviate. The court may deviate from the guidelines and basic schedule of child support obligations even if a factor enumerated in this section does not exist.
(f) The guidelines and schedule of basic child support obligations may be
used by the parties as the basis for periodic updates of child support obligations.
(g) (I) For purposes of calculating child support, when two or more children
are included in the child support worksheet calculation and the parties have a different number of overnights with two or more of the children, the number of overnights used to determine child support is determined by adding together the number of overnights for each child and then dividing that number by the number of children included in the child support worksheet calculation.
(II) This subsection (8)(g) is repealed, effective March 1, 2026.
(h) [Editor's note: This subsection (8)(h) is effective March 1, 2026.]
Parenting time table:
[Insert 14-10-115(8)(h).pdf here]
(9) Adjustments for child care costs. (a) Net child care costs incurred on
behalf of the children due to employment or job search or the education of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted gross incomes.
(b) Child care costs shall not exceed the level required to provide quality
care from a licensed source for the children. The value of the federal income tax credit for child care shall be subtracted from actual costs to arrive at a figure for net child care costs.
(10) Adjustments for health-care expenditures for children. (a) In orders
issued pursuant to this section, the court shall also provide for the child's or children's current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. If a parent has been directed to provide insurance pursuant to this section and that parent's spouse provides the insurance for the benefit of the child or children either directly or through employment, a credit on the child support worksheet shall be given to the parent in the same manner as if the premium were paid by the parent. At the same time, the court shall order payment of medical insurance or medical and dental insurance deductibles and copayments.
(a.5) If a child is covered by insurance, the parent securing the coverage, the
employer providing the coverage, or the insurance provider shall provide, upon request by the policy holder or by court order, the insurance provider's name, the insurance provider's telephone number, the group and policy number, and the claim address to the non-policy holder. The information must be provided unless otherwise ordered by the court for good cause shown. This subsection (10) authorizes the release of information to the other party or parties. After notice to the party or parties of this obligation, the court has the authority to fine the parent securing coverage for failure to provide the required information.
(b) The payment of a premium to provide health insurance coverage on
behalf of the
C.R.S. § 14-14-102
14-14-102. Definitions. As used in this article 14, unless the context otherwise requires:
(1) Court means any court in this state having jurisdiction to determine the
liability of persons for the support of another person.
(2) Delegate child support enforcement unit means the unit of a county
department of human or social services or its contractual agent that is responsible for carrying out the provisions of this article 14. The term contractual agent includes a private child support collection agency, operating as an independent contractor with a county department of human or social services, or a district attorney's office, that contracts to provide any services that the delegate child support enforcement unit is required by law to provide.
(3) Dependent child means any person who is legally entitled to or the
subject of a court order for the provision of proper or necessary subsistence, education, medical care, or any other care necessary for his health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(4) Duty of support means a duty of support imposed by law or by order,
decree, or judgment of any court, whether interlocutory or final, or whether incidental to an action for divorce, separation, separate maintenance or otherwise. Duty of support includes the duty to pay arrearages of support past-due and unpaid.
(4.3) Employer, for purposes of income withholding pursuant to section 14-5-501, includes any person, company, or corporation, Pinnacol Assurance, or other
insurance carrier paying any type of workers' compensation benefits pursuant to articles 40 to 47 of title 8, C.R.S.
(4.5) Family support registry means a central registry maintained and
operated by the state department of human services pursuant to section 26-13-114, C.R.S., that receives, processes, disburses, and maintains a record of the payment of child support, child support when combined with maintenance, maintenance, child support arrears, or child support debt.
(4.7) Health insurance means medical insurance or medical and dental
insurance coverage or both of human beings against bodily injury or illness. Such coverage may be provided through a parent's employer or may be acquired individually by the parent.
(5) Obligee means any person or agency to whom a duty of support is owed
or any person or agency who has commenced a proceeding for the establishment or enforcement of an alleged duty of support.
(6) Obligor means any person owing a duty of support, or against whom a
proceeding for the establishment or enforcement of a duty of support is commenced.
(6.5) Plan means a group health benefit plan or combination of plans, other
than public assistance programs, that provides medical care or benefits for a child. Plan includes, but is not limited to, a health maintenance organization, self-funded group, state or local government group health plan, church group plan, medical or health service corporation, or other similar plan.
(7) Public assistance means assistance payments and social services
provided to or on behalf of eligible recipients through programs administered or supervised by the state department of human services, either in cooperation with the federal government or independently without federal aid, pursuant to article 2 of title 26, or by the department of early childhood pursuant to part 1 of article 4 of title 26.5.
(8) Support order means any judgment, decree, or order of support in favor
of an obligee, whether temporary or final or subject to modification, revocation, or remission, regardless of the kind of action or proceeding in which it is entered.
(9) Wages means income to an obligor in any form, including, but not
limited to, actual gross income; compensation paid or payable for personal services, whether denominated as wages; earnings from an employer; salaries; payment to an independent contractor for labor or services; commissions; tips declared by the individual for purposes of reporting to the federal internal revenue service or tips imputed to bring the employee's gross earnings to the minimum wage for the number of hours worked, whichever is greater; rents; bonuses; severance pay; retirement benefits and pensions, including, but not limited to, those paid pursuant to articles 51, 54, 54.5, and 54.6 of title 24, and article 30 of title 31; workers' compensation benefits; social security benefits, including social security benefits actually received by a parent as a result of the disability of that parent or as the result of the death of the minor child's stepparent, but not including social security benefits received by a minor child or on behalf of a minor child as a result of the death or disability of a stepparent of the child; disability benefits; dividends; royalties; trust account distributions; any moneys drawn by a self-employed individual for personal use; funds held in or payable from any health, accident, disability, or casualty insurance to the extent that such insurance replaces wages or provides income in lieu of wages; monetary gifts; monetary prizes, excluding lottery winnings not required by the rules of the Colorado lottery commission to be paid only at the lottery office; taxable distributions from general partnerships, limited partnerships, closely held corporations, or limited liability companies; interest; trust income; annuities; payments received from a third party to cover the health-care cost of the child but which payments have not been applied to cover the child's health-care costs; state tax refunds; and capital gains. Wages, for the purposes of child support enforcement, may also include unemployment compensation benefits, but only subject to the provisions and requirements of section 8-73-102 (5).
Source: L. 81: Entire article added, p. 905, � 1, effective June 8. L. 82: (3)
amended, p. 281, � 4, effective April 2. L. 83: (3) amended, p. 651, � 1, effective March 3. L. 84: (9) added, p. 480, � 1, effective July 1. L. 87: (9) amended, p. 596, � 26, effective July 10. L. 89: (9) amended, p. 793, � 17, effective July 1. L. 90: (4.5) added, p. 1414, � 14, effective June 8; (2) and (9) amended, pp. 891, 564, �� 12, 36, effective July 1. L. 92: (9) amended, p. 578, � 6, effective July 1; (4.7) added, p. 169, � 3, effective August 1. L. 93: (9) amended, p. 1872, � 6, effective June 1. L. 94: (9) amended, p. 1539, � 7, effective May 31; (4.5)(a) and (7) amended, p. 2646, � 109, effective July 1; (9) amended, p. 1253, � 7, effective July 1. L. 96: (4.5) and (9) amended, p. 599, � 9, effective July 1. L. 97: (4.3) added, p. 562, � 7, effective July 1. L. 98: (9) amended, p. 921, � 8, effective July 1. L. 99: (9) amended, p. 621, � 16, effective August 4. L. 2001: (4.3) amended, p. 721, � 3, effective May 31. L. 2002: (4.3) amended, p. 1892, � 52, effective July 1; (6.5) added, p. 23, � 1, effective July 1. L. 2003: (2) amended, p. 1265, � 52, effective July 1. L. 2004: (4.5) amended, p. 387, � 3, effective July 1. L. 2005: (2) amended, p. 498, � 2, effective August 8. L. 2009: (9) amended, (SB 09-282), ch. 288, p. 1397, � 60, effective January 1, 2010. L. 2018: IP and (2) amended, (SB 18-092), ch. 38, p. 401, � 16, effective August 8. L. 2020: (9) amended, HB (20-1402), ch. 216, p. 1045, � 24, effective June 30. L. 2022: (7) amended, (HB 22-1295), ch. 123, p. 829, � 31, effective July 1.
Editor's note: Amendments to subsection (9) by Senate Bill 94-088 and
House Bill 94-1345 were harmonized.
Cross references: For the legislative declaration contained in the 1994 act
amending subsections (4.5)(a) and (7), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
C.R.S. § 14-2-109
14-2-109. Solemnization and registration of marriages - proxy marriage. (1) A marriage may be solemnized by a judge of a court, by a court magistrate, by a retired judge of a court, by a public official whose powers include solemnization of marriages, by the parties to the marriage, or in accordance with any mode of solemnization recognized by any religious denomination or Indian nation or tribe. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the county clerk and recorder within sixty-three days after the solemnization. Any person who fails to forward the marriage certificate to the county clerk and recorder as required by this section shall be required to pay a late fee in an amount of not less than twenty dollars. An additional five-dollar late fee may be assessed for each additional day of failure to comply with the forwarding requirements of this subsection (1) up to a maximum of fifty dollars. For purposes of determining whether a late fee shall be assessed pursuant to this subsection (1), the date of forwarding shall be deemed to be the date of postmark.
(2) (a) The requirements for applying for a marriage license for a proxy
marriage are the following:
(I) One party to the proxy marriage is a resident of the state of Colorado;
(II) One party to the proxy marriage appears in person to apply for the
marriage license and pays the fees required in section 14-2-106 (1);
(III) The signatures of both parties to the proxy marriage are required, and
the party present shall sign the marriage license application, as prescribed in section 14-2-105 (2), and provide an absentee affidavit form, as prescribed by the state registrar, containing the notarized signature of the absent party, along with proper identification documents as specified in section 14-2-105 (1)(a) for the absent party; and
(IV) Both parties to the proxy marriage are eighteen years of age or older.
(b) If a party to a marriage is unable to be present at the solemnization, the
absent party may authorize in writing a third person to act as the absent party's proxy for purposes of solemnization of the marriage, if the absent party is:
(I) A member of the armed forces of the United States who is stationed in
another country or in another state in support of combat or another military operation; or
(II) An individual who is a government contractor, or an employee of a
government contractor, working in support of the armed forces of the United States or in support of United States military operations in another country or in another state and who supplies proper identification of that status.
(c) If the person solemnizing the marriage is satisfied that the absent party is
unable to be present and has consented to the marriage, such person may solemnize the marriage by proxy. If such person is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
(3) Upon receipt of the marriage certificate, the county clerk and recorder
shall register the marriage.
Source: L. 73: R&RE, p. 1019, � 1. C.R.S. 1963: � 90-1-9. L. 79: (1) amended, p.
637, � 1, effective May 25. L. 89: (1) amended, p. 781, � 1, effective April 4. L. 91: (1) amended, p. 359, � 19, effective April 9. L. 93: Entire section amended, p. 438, � 3, effective July 1. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 829, � 23, effective July 1. L. 2015: (2) amended, (HB 15-1327), ch. 229, p. 851, � 1, effective May 27. L. 2019: (2)(a)(IV) amended, (HB 19-1316), ch. 380, p. 3421, � 3, effective August 2.
C.R.S. § 15-11-1105
15-11-1105. Exclusions from statutory rule against perpetuities. (1) The statutory rule against perpetuities, as set forth in sections 15-11-1102 and 15-11-1102.5, does not apply to invalidate:
(a) A nonvested property interest or a power of appointment arising out of a
nondonative transfer, except a nonvested property interest or a power of appointment arising out of:
(I) A premarital or postmarital agreement;
(II) A separation or divorce settlement;
(III) A spouse's election;
(IV) A similar arrangement arising out of a prospective, existing, or previous
marital relationship between the parties;
(V) A contract to make or not to revoke a will or trust;
(VI) A contract to exercise or not to exercise a power of appointment; or
(VII) A transfer in satisfaction of a duty of support.
(VIII) (Deleted by amendment, L. 2006, p. 381, � 12, effective July 1, 2006.)
(b) A fiduciary's power relating to the administration or management of
assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;
(c) A power to appoint a fiduciary;
(d) A discretionary power of a trustee to distribute principal before
termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;
(e) A nonvested property interest held by a charity, government, or
governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;
(f) A nonvested property interest in or a power of appointment with respect
to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or
(g) A property interest, power of appointment, or arrangement that was not
subject to the common-law rule against perpetuities or is excluded by another statute of this state.
Source: L. 91: Entire part added, p. 1447, � 9, effective May 31. L. 2006: IP(1)
and (1)(a) amended, p. 381, � 12, effective July 1.
C.R.S. § 15-14-505
15-14-505. Definitions. As used in sections 15-14-503 to 15-14-509, unless the context otherwise requires:
(1) Adult means any person eighteen years of age or older.
(2) Advance medical directive means any written instructions concerning
the making of medical treatment decisions on behalf of the person who has provided the instructions. An advance medical directive includes a medical durable power of attorney executed pursuant to section 15-14-506, a declaration executed pursuant to the Colorado Medical Treatment Decision Act, article 18 of this title, a power of attorney granting medical treatment authority executed prior to July 1, 1992, pursuant to section 15-14-501, and a declaration executed pursuant to article 18.6 of this title.
(3) Artificial nourishment and hydration means any medical procedure
whereby nourishment or hydration is supplied through a tube inserted into a person's nose, mouth, stomach, or intestines or nutrients or fluids are injected intravenously into a person's bloodstream.
(4) Decisional capacity means the ability to provide informed consent to or
refusal of medical treatment or the ability to make an informed health-care benefit decision.
(4.7) Health-care benefit decision means any decision or action related to
the application, enrollment, disenrollment, appeal, or other function necessary for private or public health-care benefits that does not conflict with any known preference of the individual.
(5) Health-care facility means any hospital, hospice, nursing facility, care
center, dialysis treatment facility, assisted living facility, any entity that provides home and community-based services, home health-care agency, or any other facility administering or contracting to administer medical treatment, and which is licensed, certified, or otherwise authorized or permitted by law to administer medical treatment.
(6) Health-care provider means any physician or any other individual who
administers medical treatment to persons and who is licensed, certified, or otherwise authorized or permitted by law to administer medical treatment or who is employed by or acting for such authorized person. Health-care provider includes a health maintenance organization licensed and conducting business in this state.
(7) Medical treatment means the provision, withholding, or withdrawal of
any health care, medical procedure, including artificially provided nourishment and hydration, surgery, cardiopulmonary resuscitation, or service to maintain, diagnose, treat, or provide for a patient's physical or mental health or personal care.
(8) Physician or designee means the treating physician or a health-care
professional under the supervision of the treating physician.
Source: L. 92: Entire section added, p. 1979, � 2, effective June 4. L. 2006: (4)
amended and (4.7) and (8) added, p. 841, � 2, effective May 4.
C.R.S. § 15-18-113
15-18-113. Penalties - refusal - transfer. (1) A person who willfully conceals, defaces, damages, or destroys a declaration of another person, without the knowledge and consent of the declarant, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(2) A person who falsifies or forges a declaration of another person commits
a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(3) If a person falsifies or forges a declaration of another person and the
terms of the declaration are carried out, resulting in the death of the purported declarant, the person commits a class 2 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(4) A person who willfully withholds information concerning the revocation
of a declaration of another person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(5) An attending physician or advanced practice registered nurse who
refuses to comply with the terms of a declaration valid on its face shall transfer the care of the declarant to another physician or advanced practice registered nurse who is willing to comply with the declaration. Refusal of an attending physician or advanced practice registered nurse to comply with a declaration and failure to transfer the care of the declarant to another physician or advanced practice registered nurse shall constitute unprofessional conduct as defined in section 12-240-121 or grounds for discipline pursuant to section 12-255-120.
Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 382, � 1,
effective August 11; (5) amended, (HB 10-1422), ch. 419, p. 2126, � 189, effective August 11. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1670, � 82, effective October 1. L. 2021: (1) and (4) amended, (SB 21-271), ch. 462, p. 3159, � 162, effective March 1, 2022.
ARTICLE 18.5
Proxy and Surrogate Decision-makers for
Medical Treatment and Health-Care Benefit Decisions
Cross references: For the provisions relating to anatomical gifts and their
effect on advance health-care directives, see part 2 of article 19 of this title; for provisions relating to a medical durable power of attorney, see � 15-14-506; for provisions relating to declarations concerning medical treatment, see article 18 of this title; for provisions relating to cardiopulmonary resuscitation directives, see article 18.6 of this title.
Law reviews: For article, The Colorado Patient Autonomy Act: Opportunities
and Challenges -- Parts I and II, see 21 Colo. Law. 1901 and 2203 (1992); for article, Surrogate Decision-Making for 'Friendless' Patients, see 34 Colo. Law. 71 (April 2005); for article, Respecting and Responding to End-of-Life Choices, see 34 Colo. Law. 57 (Oct. 2005); for article, How to Reconcile Advance Care Directives With Attempted Suicide, see 42 Colo. Law. 97 (July 2013).
15-18.5-101. Legislative declaration - construction of statute. (1) The
general assembly hereby finds, determines, and declares that:
(a) All adult persons have a fundamental right to make their own medical
treatment and health-care benefit decisions, including decisions regarding medical treatment, artificial nourishment and hydration, and private or public health-care benefits;
(b) The lack of decisional capacity to provide informed consent to or refusal
of medical treatment should not preclude such decisions from being made on behalf of a person who lacks such decisional capacity and who has no known advance medical directive, or whose wishes are not otherwise known; and
(c) The enactment of legislation to authorize proxy decision-makers to make
medical treatment decisions and surrogate decision-makers to make health-care benefit decisions on behalf of persons lacking the decisional capacity to provide informed consent to or refusal of medical treatment is appropriate.
(2) The general assembly does not intend to encourage or discourage any
particular medical treatment or to interfere with or affect any method of religious or spiritual healing otherwise permitted by law.
(3) Nothing in this article shall be construed as condoning, authorizing, or
approving euthanasia or mercy killing. In addition, the general assembly does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.
Source: L. 92: Entire article added, p. 1984, � 3, effective June 4. L. 2006:
(1)(a) and (1)(c) amended, p. 841, � 3, effective May 4.
15-18.5-102. Definitions applicable to medical durable power of attorney -
applicability. (1) The definitions set forth in section 15-14-505 shall apply to the provisions of this article.
(2) The provisions of sections 15-14-506 to 15-14-509 shall apply to this
article. In addition, proxy decision-makers, surrogate decision-makers for health-care benefits, health-care providers, and health-care facilities shall be subject to the provisions of this article.
Source: L. 92: Entire article added, p. 1985, � 3, effective June 4. L. 2006: (2)
amended, p. 841, � 4, effective May 4.
15-18.5-103. Proxy decision-makers for medical treatment authorized -
definitions. (1) A health-care provider or health-care facility may rely, in good faith, upon the medical treatment decision of a proxy decision-maker selected in accordance with subsection (4) of this section if an adult patient's attending physician determines that such patient lacks the decisional capacity to provide informed consent to or refusal of medical treatment and no guardian with medical decision-making authority, agent appointed in a medical durable power of attorney, person with the right to act as a proxy decision-maker in a designated beneficiary agreement made pursuant to article 22 of this title, or other known person has the legal authority to provide such consent or refusal on the patient's behalf.
(1.5) As used in this section:
(a) Interested person means a patient's spouse, either parent of the
patient, any adult child, sibling, or grandchild of the patient, or any close friend of the patient.
(b) Proxy decision-maker does not mean the attending physician.
(2) The determination that an adult patient lacks decisional capacity to
provide informed consent to or refusal of medical treatment may be made by a court or the attending physician, and the determination shall be documented in such patient's medical record. The determination may also be made by an advanced practice registered nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically. The advanced practice registered nurse shall document in the patient's record the name of the physician with whom the advanced practice registered nurse collaborated. The attending physician shall make specific findings regarding the cause, nature, and projected duration of the patient's lack of decisional capacity, which findings shall be included in the patient's medical record.
(3) Upon a determination that an adult patient lacks decisional capacity to
provide informed consent to or refusal of medical treatment, the attending physician, the advanced practice registered nurse, or such physician's or nurse's designee, shall make reasonable efforts to notify the patient of the patient's lack of decisional capacity. In addition, the attending physician, or such physician's designee, shall make reasonable efforts to locate as many interested persons as practicable, and the attending physician or advanced practice registered nurse may rely on such individuals to notify other family members or interested persons. Upon locating an interested person, the attending physician, advanced practice registered nurse, or such physician's or nurse's designee, shall inform such person of the patient's lack of decisional capacity and that a proxy decision-maker should be selected for the patient.
(4) (a) Interested persons who are informed of the patient's lack of decisional
capacity shall make reasonable efforts to reach a consensus as to who among them shall make medical treatment decisions on behalf of the patient. The person selected to act as the patient's proxy decision-maker should be the person who has a close relationship with the patient and who is most likely to be currently informed of the patient's wishes regarding medical treatment decisions. If any of the interested persons disagrees with the selection or the decision of the proxy decision-maker or, if, after reasonable efforts, the interested persons are unable to reach a consensus as to who should act as the proxy decision-maker, then any of the interested persons may seek guardianship of the patient by initiating guardianship proceedings pursuant to part 3 of article 14 of this title. Only said interested persons may initiate such proceedings with regard to the patient.
(b) Nothing in this section precludes any interested person from initiating a
guardianship proceeding pursuant to part 3 of article 14 of this title for any reason any time after said persons have conformed with paragraph (a) of this subsection (4).
(c) (I) An attending physician may designate another willing physician to
make health-care treatment decisions as a patient's proxy decision-maker if:
(A) After making reasonable efforts, the attending physician or his or her
designee cannot locate any interested persons, or no interested person is willing and able to serve as proxy decision-maker;
(B) The attending physician has obtained an independent determination of
the patient's lack of decisional capacity by another physician; by an advanced practice registered nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically; or by a court;
(C) The attending physician or his or her designee has consulted with and
obtained a consensus on the proxy designation with the medical ethics committee of the health-care facility where the patient is receiving care; and
(D) The identity of the physician designated as proxy decision-maker is
documented in the medical record.
(II) For the purposes of subsections (4)(c)(I)(C), (4)(c)(V)(B), and (4)(c)(V)(C) of
this section, if the health-care facility does not have a medical ethics committee, the facility shall refer the attending physician or his or her designee to a medical ethics committee at another health-care facility.
(III) The authority of the proxy decision-maker terminates in the event that:
(A) An interested person is willing to serve as proxy decision-maker;
(B) A guardian is appointed;
(C) The patient regains decisional capacity;
(D) The proxy decision-maker decides to no longer serve as the patient's
proxy decision-maker; or
(E) The patient is transferred or discharged from the facility, if any, where
the patient is receiving care, unless the proxy decision-maker expresses his or her intention to continue to serve as proxy decision-maker.
(IV) If the authority of a proxy decision-maker terminates for one of the
reasons described in subparagraph (III) of this paragraph (c), the attending physician shall document the reason in the patient's medical record.
(V) The attending physician and the proxy decision-maker shall adhere to the
following guidelines for proxy decision-making:
(A) For routine treatments and procedures that are low-risk and within
broadly accepted standards of medical practice, the attending physician may make health-care treatment decisions;
(B) For treatments that otherwise require a written, informed consent, such
as treatments involving anesthesia, treatments involving a significant risk of complication, or invasive procedures, the attending physician shall obtain the written consent of the proxy decision-maker and a consensus with the medical ethics committee;
(C) For end-of-life treatment that is nonbeneficial and involves withholding
or withdrawing specific medical treatments, the attending physician shall obtain an independent concurring opinion from a physician other than the proxy decision-maker, and obtain a consensus with the medical ethics committee.
(5) When an attending physician determines that an adult patient lacks
decisional capacity, the attending physician or another health-care provider shall make reasonable efforts to advise the patient of such determination, of the identity of the proxy decision-maker, and of the patient's right to object, pursuant to section 15-14-506 (4)(a).
(6) (a) Artificial nourishment and hydration may be withheld or withdrawn
from a patient upon a decision of a proxy only when the attending physician and a second independent physician trained in neurology or neurosurgery certify in the patient's medical record that the provision or continuation of artificial nourishment or hydration is merely prolonging the act of dying and is unlikely to result in the restoration of the patient to independent neurological functioning.
(b) (I) Nothing in this article may be construed as condoning, authorizing, or
approving euthanasia or mercy killing.
(II) Nothing in this article may be construed as permitting any affirmative or
deliberate act to end a person's life, except to permit natural death as provided by this article.
(6.5) The assistance of a health-care facility's medical ethics committee
shall be provided upon the request of a proxy decision-maker or any other interested person whenever the proxy decision-maker is considering or has made a decision to withhold or withdraw medical treatment. If there is no medical ethics committee for a health-care facility, such facility may provide an outside referral for such assistance or consultation.
(7) If any interested person or the guardian or the attending physician
believes the patient has regained decisional capacity, then the attending physician shall reexamine the patient and determine whether the patient has regained such decisional capacity and shall enter the decision and the basis therefore into the patient's medical record and shall notify the patient, the proxy decision-maker, and the person who initiated the redetermination of decisional capacity.
(8) Except for a court acting on its own motion, a governmental entity,
including the state department of human services and the county departments of human or social services, may not petition the court as an interested person pursuant to part 3 of article 14 of this title 15. In addition, nothing in this article 18.5 authorizes the county director of any county department of human or social services, or designee of such director, to petition the court pursuant to section 26-3.1-104 in regard to any patient subject to the provisions of this article 18.5.
(9) (a) Any attending physician, health-care provider, or health-care facility
that makes reasonable attempts to locate and communicate with a proxy decision-maker shall not be subject to civil or criminal liability or regulatory sanction therefor.
(b) A physician acting in good faith as a proxy decision-maker in accordance
with paragraph (c) of subsection (4) of this section is not subject to civil or criminal liability or regulatory sanction for acting as a proxy decision-maker. An attending physician or his or her designee remains responsible for his or her negligent acts or omissions in rendering care to an unrepresented patient.
Source: L. 92: Entire article added, p. 1985, � 3, effective June 4. L. 94: (8)
amended, p. 2647, � 115, effective July 1. L. 2008: (2) and (3) amended, p. 125, � 5, effective January 1, 2009. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 446, � 13, effective July 1. L. 2010: (1) amended, (SB 10-199), ch. 374, p. 1753, � 20, effective July 1. L. 2016: (1.5) added and (3), (4), (6), (6.5), (7), and (9) amended, (HB 16-1101), ch. 170, p. 537, � 1, effective August 10. L. 2017: (4)(c)(II) amended, (SB 17-294), ch. 264, p. 1392, � 33, effective May 25. L. 2018: (8) amended, (SB 18-092), ch. 38, p. 404, � 20, effective August 8.
Cross references: (1) For the legislative declaration contained in the 1994
act amending subsection (8), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
(2) For provisions relating to the time of taking effect or the provisions for
transition of this code, see � 15-17-101.
15-18.5-104. Surrogate decision-makers for health-care benefits. (1) A
proxy decision-maker for medical treatment selected in accordance with section 15-18.5-103 or a person with the right to act as a surrogate decision-maker in a designated beneficiary agreement made pursuant to article 22 of this title shall have authority to make health-care benefit decisions on behalf of an adult patient and may be known additionally as a surrogate decision-maker for health-care benefits.
(2) A court or the attending physician may make the determination that a
person lacks the decisional capacity to make health-care benefit decisions. The determination shall be documented in such patient's medical record. The determination may also be made by an advanced practice registered nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically. The advanced practice registered nurse shall document in the patient's record the name of the physician with whom the advanced practice registered nurse collaborated. The attending physician or nurse shall make specific findings regarding the cause, nature, and projected duration of the person's lack of decisional capacity regarding health-care benefit decisions. Such determination and findings shall be documented in the person's medical record.
(3) Upon a determination that an adult patient lacks decisional capacity to
make health-care benefit decisions, the attending physician, advanced practice registered nurse, or the physician's or nurse's designee shall make reasonable efforts to notify the patient of the patient's lack of decisional capacity. In addition, the attending physician or advanced practice registered nurse or the physician's or nurse's designee shall make reasonable efforts to locate as many interested persons as defined in this subsection (3) as practicable, and the attending physician or advanced practice registered nurse may rely on such individuals to notify other family members or interested persons. For the purposes of this section, interested persons means the patient's spouse; either parent of the patient; any adult child, sibling, or grandchild of the patient; or any close friend of the patient. Upon locating an interested person, the attending physician or advanced practice registered nurse or the physician's or nurse's designee shall inform such person of the patient's lack of decisional capacity and determine whether such interested person is available, willing, and has the capability to act as a surrogate decision-maker for health-care benefits for the patient.
(4) If a proxy decision-maker for medical treatment or an interested person,
as defined in subsection (3) of this section, is unavailable, unwilling, or does not have the capability to make a health-care benefit decision on behalf of a person lacking the decisional capacity to make a health-care benefit decision pursuant to this section, then the attending physician or his or her designee may appoint a surrogate decision-maker for health-care benefits as described in subsection (5) of this section.
(5) The surrogate decision-maker for health-care benefits appointed by an
attending physician or his or her designee may be a private individual or an individual acting on behalf of an organization, including an employee of the organization, willing to voluntarily assume the fiduciary responsibility to make health-care benefit decisions in the best interests of the person who lacks the decisional capacity to make health-care benefit decisions. The appointed surrogate decision-maker for health-care benefits shall be free of conflicts specified in subsection (9) of this section.
(6) Community and charitable organizations may provide volunteers or
employees to serve as surrogate decision-makers for health-care benefits. The division of insurance, established in section 10-1-103, C.R.S., shall be available to provide assistance to surrogate decision-makers for health-care benefits regarding medicare benefits. A physician or his or her designee may contact nonprofit entities that serve the elderly or disability communities for assistance in locating an appropriate surrogate decision-maker for health-care benefits.
(7) After a physician or his or her designee locates an individual willing to act
as the surrogate decision-maker for health-care benefits pursuant to subsection (3) of this section, the physician shall certify the appointment in writing on the form set forth in section 15-18.5-105.
(8) If the surrogate decision-maker for health-care benefits, a proxy
decision-maker for medical treatment, an interested person, the person's guardian, or the attending physician believes the patient has regained decisional capacity, then the attending physician shall reexamine the patient and determine whether or not the patient has regained such decisional capacity and shall enter the decision and the basis therefor into the patient's medical record and shall notify the patient, the surrogate decision-maker for health-care benefits, and the person who initiated the redetermination of decisional capacity.
(9) A surrogate decision-maker for health-care benefits may not be an
employee, a contractor, or an official representative of, or receive any remuneration of any kind from, a health-care provider, medical benefit provider, pharmaceutical company, pharmacy benefit management company, pharmacy, or any person or entity engaged in the sale of insurance.
(10) A surrogate decision-maker for health-care benefits shall have access to
all necessary information, including but not limited to:
(a) Personal health information as defined by the federal Health Insurance
Portability and Accountability Act of 1996, 42 U.S.C. sec. 1320d-7 (a)(2); and
(b) Financial information needed to make appropriate health-care benefit
decisions; except that any bank, trust company, savings and loan association, credit union, or insurance company regulated under any laws of this state or the United States and any officer, employee, agent, or affiliate of any of the foregoing entities shall be exempt from any requirement to provide financial information to a surrogate decision-maker under the provisions of this section.
(11) A surrogate decision-maker for health-care benefits shall make
decisions that are in the best interests of the person on whose behalf the decisions are made.
(12) Any entity, including a financial entity, that relies in good faith on a
certificate of appointment of a surrogate decision-maker for health-care benefits received directly from the attending physician or his or her designee shall be immune from liability for actions taken on the basis of said certificate.
(13) A surrogate decision-maker for health-care benefits shall be immune
from liability for decisions made in good faith.
(14) An attending physician, health-care provider, or health-care facility that
acts in substantial compliance with this section shall not be subject to civil or criminal liability or regulatory sanction relating to the selection or actions of a surrogate decision-maker for health-care benefits.
(15) Nothing in this section shall be construed as requiring a surrogate
decision-maker for health-care benefits to make a decision or from prohibiting an individual from consulting another person or entity to obtain assistance in making a health-care benefit decision.
Source: L. 2006: Entire section added, p. 841, � 5, effective May 4. L. 2008:
(2) and (3) amended, p. 125, � 6, effective January 1, 2009. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 446, � 14, effective July 1. L. 2010: (1) amended, (SB 10-199), ch. 374, p. 1754, � 21, effective July 1.
Cross references: For provisions relating to the time of taking effect or the
provisions for transition of this code, see � 15-17-101.
15-18.5-105. Statutory form for certificate of appointment of surrogate
decision-makers for health-care benefits. The following statutory form for certificate of appointment of surrogate decision-maker for health-care benefits is legally sufficient:
CERTIFICATE OF APPOINTMENT OF A SURROGATE
DECISION-MAKER FOR HEALTH-CARE BENEFITS
(1) I, (name of attending physician), the attending physician, certify that
(name of person for whom decisions are being made) lacks the decisional capacity to make health-care benefit decisions. I further certify that I have made the necessary documentation to the medical record.
(2) I, (name of attending physician), the attending physician or designee,
hereby appoint (name of surrogate), (driver's license number or state ID number) as the surrogate decision-maker for health-care benefits on behalf of (name of person for whom decisions are being made), (address, city, state) pursuant to section 15-18.5-104, C.R.S.
(3) (Name of surrogate) shall have access to all necessary personal health
information as defined by the federal Health Insurance Portability and Accountability Act and any financial information necessary to make appropriate health-care benefit decisions on behalf of (name of person for whom decisions are being made), as provided for in section 15-18.5-104, C.R.S. (Name of surrogate) shall make such decisions in the best interests of (name of person for whom decisions are being made).
Executed this _______ day of _______________, ____.
__________________________
(Attending physician)
(Business address)
(Business phone)
(Business fax)
Source: L. 2006: Entire section added, p. 841, � 5, effective May 4.
ARTICLE 18.6
Directive Relating to
Cardiopulmonary Resuscitation
Cross references: For the provisions relating to anatomical gifts and their
effect on advance health-care directives, see part 2 of article 19 of this title; for provisions relating to a medical durable power of attorney, see � 15-14-506; for provisions relating to declarations concerning medical treatment, see article 18 of this title; for provisions relating to proxy decision-makers for medical treatment decisions, see article 18.5 of this title.
Law reviews: For article, The Colorado Patient Autonomy Act: Opportunities
and Challenges, see 21 Colo. Law. 1901 (1992); for article, CPR Directives in Colorado, see 23 Colo. Law. 845 (1994); for article, Surrogate Decision-Making for 'Friendless' Patients, see 34 Colo. Law. 71 (April 2005). For article, The Lawyer's Role in End-of-Life Planning Moving Beyond Advance Medical Directives, see 44 Colo. Law. 101 (July 2015).
15-18.6-101. Definitions. As used in this article 18.6, unless the context
otherwise requires:
(1) Cardiopulmonary resuscitation or CPR means measures to restore
cardiac function or to support breathing in the event of cardiac or respiratory arrest or malfunction. CPR includes, but is not limited to, chest compression, delivering electric shock to the chest, or placing tubes in the airway to assist breathing.
(2) CPR directive means an advance medical directive pertaining to the
administration of cardiopulmonary resuscitation.
(3) Emergency medical service personnel means an emergency medical
service provider at any level who is certified or licensed by the department of public health and environment. Emergency medical service personnel includes an emergency medical responder registered by the department of public health and environment in accordance with section 25-3.5-1103.
Source: L. 92: Entire article added, p. 1988, � 3, effective June 4. L. 94: (3)
amended, p. 2731, � 350, effective July 1. L. 2002: (3) amended, p. 1211, � 7, effective June 3. L. 2012: (3) amended, (HB 12-1059), ch. 271, p. 1433, � 9, effective July 1; (3) amended, (HB 12-1283), ch. 240, p. 1131, � 37, effective July 1. L. 2019: IP and (3) amended, (SB 19-242), ch. 396, p. 3526, � 8, effective May 31.
Editor's note: Amendments to subsection (3) by House Bill 12-1059 and
House Bill 12-1283 were harmonized.
Cross references: For the legislative declaration contained in the 1994 act
amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2012 act amending subsection (3), see section 1 of chapter 240, Session Laws of Colorado 2012.
15-18.6-102. CPR directives for CPR - who may execute. Any adult over age
eighteen who has the decisional capacity to provide informed consent to or refusal of medical treatment or any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of an adult who lacks such decisional capacity, may execute a CPR directive. After a physician issues a do not resuscitate order for a minor child, and only then, may the parents of the minor, if married and living together, the custodial parent or parent with decision-making responsibility for such a decision, or the legal guardian execute a CPR directive.
Source: L. 92: Entire article added, p. 1988, � 3, effective June 4. L. 94: Entire
section amended, p. 1058, � 1, effective May 4. L. 98: Entire section amended, p. 1402, � 54, effective February 1, 1999.
15-18.6-103. CPR directive forms - duties of state board of health. (1) On or
before January 1, 1993, the state board of health shall promulgate rules and protocols for the implementation of CPR directives by emergency medical service personnel. The protocols adopted by the board of health shall include uniform methods of identifying persons who have executed a CPR directive. Protocols adopted by the board of health shall include methods for rapid identification of persons who have executed a CPR directive, controlled distribution of the methods of identifying persons who have executed a CPR directive, and the information described in subsection (2) of this section. Nothing in this subsection (1) shall be construed to restrict any other manner in which a person may make a CPR directive.
(2) CPR directive protocols to be adopted by the state board shall require the
following information concerning the person who is the subject of the CPR directive:
(a) The person's name, date of birth, and sex;
(b) The person's eye and hair color;
(c) The person's race or ethnic background;
(d) If applicable, the name of a hospice program in which the person is
enrolled;
(e) The name, address, and telephone number of the person's attending
physician;
(f) The person's signature or mark or, if applicable, the signature of a person
authorized by this article to execute a CPR directive;
(g) The date on which the CPR directive form was signed;
(h) The person's directive concerning the administration of CPR,
countersigned by the person's attending physician;
(i) The person's directive in the form of a document with a written statement
as provided in section 15-19-205 (b), or a statement in substantially similar form, indicating a decision regarding tissue donation. The document shall be executed in accordance with the provisions of the Revised Uniform Anatomical Gift Act, part 2 of article 19 of this title 15. The written statement may be in the following form:
I hereby make an anatomical gift, to be effective upon my death, of:
A.___ Any needed tissues
B.___ The following tissues:
___ Skin
___ Cornea
___ Bone, related tissues, and tendons
Donor signature: _______
Source: L. 92: Entire article added, p. 1988, � 3, effective June 4. L. 98: (2) (i)
added, p. 1172, � 8, effective June 1. L. 2007: (2)(i) amended, p. 797, � 6, effective July 1. L. 2017: (2)(i) amended, (SB 17-223), ch. 158, p. 558, � 8, effective August 9.
15-18.6-104. Duty to comply with CPR directive - immunity - effect on
criminal charges against another person. (1) Emergency medical service personnel, health-care providers, and health-care facilities shall comply with a person's CPR directive that is apparent and immediately available. Any emergency medical service personnel, health-care provider, health-care facility, or any other person who, in good faith, complies with a CPR directive shall not be subject to civil or criminal liability or regulatory sanction for such compliance.
(2) Compliance by emergency medical service personnel, health-care
providers, or health-care facilities with a CPR directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
(3) In the absence of a CPR directive, a person's consent to CPR shall be
presumed.
Source: L. 92: Entire article added, p. 1989, � 3, effective June 4.
15-18.6-105. Effect of declaration after inpatient admission. A CPR
directive for any person who is admitted to a health-care facility shall be implemented as a physician's order concerning resuscitation as directed by the person in the CPR directive, pending further physicians' orders.
Source: L. 92: Entire article added, p. 1990, � 3, effective June 4.
15-18.6-106. Effect of CPR directive - absence - on life or health insurance.
Neither a CPR directive nor the failure of a person to execute one shall affect, impair, or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.
Source: L. 92: Entire article added, p. 1990, � 3, effective June 4.
15-18.6-107. Revocation of CPR directive. A CPR directive may be revoked
at any time by a person who is the subject of such directive or by the agent or proxy decision-maker for such person. However, only those CPR directives executed originally by a guardian, agent, or proxy decision-maker may be revoked by a guardian, agent, or proxy decision-maker.
Source: L. 92: Entire article added, p. 1990, � 3, effective June 4. L. 94: Entire
section amended, p. 1058, � 2, effective May 4.
15-18.6-108. Effect of article on euthanasia - mercy killing - construction of
statute. Nothing in this article shall be construed as condoning, authorizing, or approving euthanasia or mercy killing. In addition, the general assembly does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.
Source: L. 92: Entire article added, p. 1990, � 3, effective June 4.
ARTICLE 18.7
Directives Concerning Orders
for Scope of Treatment
Law reviews: For article, The Lawyer's Role in End-of-Life Planning Moving
Beyond Advance Medical Directives, see 44 Colo. Law. 101 (July 2015).
PART 1
DIRECTIVES CONCERNING MEDICAL ORDERS
FOR SCOPE OF TREATMENT
15-18.7-101. Legislative declaration. (1) The general assembly hereby finds
that:
(a) Colorado law has traditionally recognized the right of an adult or his or
her authorized surrogate decision-maker to accept or reject medical treatment and artificial nutrition or hydration;
(b) Each adult has the right to establish, in advance of the need for medical
treatment, directives and instructions for the administration of medical treatment in the event the adult later lacks the decisional capacity to provide informed consent to, withdraw from, or refuse medical treatment;
(c) Current instruments for making advance medical directives are often
underutilized, hampered by certain institutional barriers, and inconsistently interpreted and implemented; and
(d) The frail elderly, chronically or terminally ill, and nursing home resident
population is in particular need of a consistent method for identifying and communicating critical treatment preferences that each sector of the health-care community will recognize and follow.
(2) The general assembly therefore concludes that it is in the best interests
of the people of Colorado to adopt statutes providing for medical orders for scope of treatment. Consistent with the goal of enhancing patient-centered, compassionate care through methods to enhance continuity across health-care settings, medical orders for scope of treatment will provide a process for timely discussion between individuals and their health-care providers about choices to accept, withdraw, or refuse life-sustaining treatment and, through the use of standardized forms, will ensure those preferences are clearly and unequivocally documented.
Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1275, � 1,
effective August 11.
15-18.7-102. Definitions. As used in this part 1, unless the context otherwise
requires:
(1) Adult means a person eighteen years of age or older.
(2) Advance medical directive means a written instruction concerning
medical treatment decisions to be made on behalf of the adult who provided the instruction in the event that he or she becomes incapacitated. An advance medical directive includes, but need not be limited to:
(a) A medical durable power of attorney executed pursuant to section 15-14-506;
(b) A declaration executed pursuant to the Colorado Medical Treatment
Decision Act, article 18 of this title;
(c) A power of attorney granting medical treatment authority executed prior
to July 1, 1992, pursuant to section 15-14-501, as it existed prior to that date; or
(d) A CPR directive or declaration executed pursuant to article 18.6 of this
title.
(3) Artificial nutrition or hydration means:
(a) Nutrition or hydration supplied through a tube inserted into the stomach
or intestines; or
(b) Nutrients or fluids injected intravenously into the bloodstream.
(4) Authorized surrogate decision-maker means a guardian appointed
pursuant to article 14 of this title, an agent appointed pursuant to a medical durable power of attorney, a proxy decision-maker for medical treatment decisions appointed pursuant to article 18.5 of this title, or a similarly authorized surrogate, as defined by the laws of another state, who is authorized to make medical decisions for an individual who lacks decisional capacity.
(5) Cardiopulmonary resuscitation or CPR shall have the same meaning
as set forth in section 15-18.6-101 (1).
(6) CPR directive shall have the same meaning as set forth in section 15-18.6-101 (2).
(7) Decisional capacity means the ability to provide informed consent to or
refusal of medical treatment or the ability to make an informed health-care benefit decision.
(8) Emergency medical service personnel means an emergency medical
service provider who is certified or licensed by the department of public health and environment, created and existing under section 25-1-102, or an emergency medical responder registered by the department of public health and environment in accordance with section 25-3.5-1103.
(9) Health-care facility means a hospital, a hospice inpatient residence, a
nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment.
(10) Health-care provider means:
(a) A physician or other individual who provides medical treatment to an
adult and who is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment or who is employed by or acting for such an authorized person; or
(b) A health maintenance organization licensed and conducting business in
this state.
(11) Medical treatment means the provision, withholding, or withdrawal of
any:
(a) Health care;
(b) Medical procedure, including but not limited to surgery, CPR, and
artificial nutrition or hydration; or
(c) Service to maintain, diagnose, treat, or provide for a patient's physical or
mental health care.
Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1276, � 1,
effective August 11. L. 2012: (8) amended, (HB 12-1059), ch. 271, p. 1433, � 10, effective July 1; (8) amended, (HB 12-1283), ch. 240, p. 1131, � 38, effective July 1. L. 2019: IP and (8) amended, (SB 19-242), ch. 396, p. 3526, � 9, effective May 31; IP amended, (HB 19-1044), ch. 60, p. 211, � 3, effective August 2.
Editor's note: (1) Amendments to subsection (8) by House Bill 12-1059 and
House Bill 12-1283 were harmonized.
(2) The introductory portion to this section was amended in SB 19-242. Those
amendments were superseded by the amendment of the introductory portion in HB 19-1044.
Cross references: For the legislative declaration in the 2012 act amending
subsection (8), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1044, see section 1 of chapter 60, Session Laws of Colorado 2019.
15-18.7-103. Medical orders for scope of treatment forms - form contents.
(1) A medical orders for scope of treatment form must include the following information concerning the adult whose medical treatment is the subject of the medical orders for scope of treatment form:
(a) The adult's name, date of birth, and sex;
(b) The adult's eye and hair color;
(c) The adult's race or ethnic background;
(d) If applicable, the name of the hospice program in which the adult is
enrolled;
(e) The name, address, and telephone number of the adult's physician,
advanced practice registered nurse, or physician assistant;
(f) The adult's signature or mark or, if applicable, the signature of the adult's
authorized surrogate decision-maker;
(g) The date upon which the medical orders for scope of treatment form was
signed;
(h) The adult's instructions concerning:
(I) The administration of CPR;
(II) Other medical interventions, including but not limited to consent to
comfort measures only, transfer to a hospital, limited intervention, or full treatment; and
(III) Other treatment options;
(i) The signature of the adult's physician, advanced practice registered
nurse, or physician assistant.
Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1278, � 1,
effective August 11. L. 2016: (1)(e) and (1)(i) amended, (SB 16-158), ch. 204, p. 725, � 11, effective August 10. L. 2023: IP(1) and (1)(i) amended, (SB 23-083), ch. 114, p. 415, � 11, effective August 7.
Cross references: For the legislative declaration in SB 16-158, see section 1
of chapter 204, Session Laws of Colorado 2016.
15-18.7-104. Duty to comply with medical orders for scope of treatment
form - immunity - effect on criminal charges against another person - transferability. (1) (a) Except as provided in sections 15-18.7-105 and 15-18.7-107 (1), emergency medical service personnel, a health-care provider, or a health-care facility shall comply with an adult's executed medical orders for scope of treatment form that:
(I) Has been executed in this state or another state;
(II) Is apparent and immediately available; and
(III) Reasonably satisfies the requirements of a medical orders for scope of
treatment form specified in section 15-18.7-103.
(b) The fact that the physician, advanced practice registered nurse, or
physician assistant who signed an adult's medical orders for scope of treatment form does not have admitting privileges at the hospital or health-care facility where the adult is being treated does not remove the duty of emergency medical service personnel, a health-care provider, or a health-care facility to comply with the medical orders for scope of treatment form as required by paragraph (a) of this subsection (1).
(2) Emergency medical service personnel, a health-care provider, a health-care facility, or any other person who complies with a legally executed medical
orders for scope of treatment form that is apparent and immediately available and that he or she believes to be the most current version of the form shall not be subject to civil or criminal liability or regulatory sanction for such compliance.
(3) Compliance by emergency medical service personnel, a health-care
provider, or a health-care facility with an executed medical orders for scope of treatment form shall not affect the criminal prosecution of a person otherwise charged with the commission of a criminal act.
(4) In the absence of an executed medical orders for scope of treatment
form declining CPR or a CPR directive, an adult's consent to CPR shall be presumed.
(5) An adult's physician, advanced practice registered nurse, or physician
assistant may provide an oral confirmation to a health-care provider who shall annotate on the medical orders for scope of treatment form the time and date of the oral confirmation and the name and license number of the physician, advanced practice registered nurse, or physician assistant. The physician, advanced practice registered nurse, or physician assistant shall countersign the annotation of the oral confirmation on the medical orders for scope of treatment form within a time period that satisfies any applicable state law or within thirty days, whichever period is less, after providing the oral confirmation. The signature of the physician, advanced practice registered nurse, or physician assistant may be provided by photocopy, fax, or electronic means. A medical orders for scope of treatment form with annotated oral confirmation, and a photocopy, fax, or other electronic reproduction of the form, shall be given the same force and effect as the original form signed by the physician, advanced practice registered nurse, or physician assistant.
(6) (a) Nothing in this part 1 shall be construed to modify or alter any
generally accepted ethics, standards, protocols, or laws for the practice of medicine or nursing, including the provisions in section 15-18.6-108 concerning euthanasia and mercy killing.
(b) A medical orders for scope of treatment form shall not be construed to
compel or authorize a health-care provider or health-care facility to administer medical treatment that is medically inappropriate or prohibited by state or federal law.
(7) If an adult who is known to have properly executed and signed a medical
orders for scope of treatment form is transferred from one health-care facility or health-care provider to another, the transferring health-care facility or health-care provider shall communicate the existence of the form to the receiving health-care facility or health-care provider before the transfer. The transferring health-care facility or health-care provider shall ensure that the form or a copy of the form accompanies the adult upon admission to or discharge from a health-care facility.
Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1278, � 1,
effective August 11. L. 2016: (1)(b) and (5) amended, (SB 16-158), ch. 204, p. 725, � 12, effective August 10. L. 2019: (6)(a) amended, (HB 19-1044), ch. 60, p. 211, � 4, effective August 2. L. 2023: (5) amended, (SB 23-083), ch. 114, p. 415, � 12, effective August 7.
Cross references: For the legislative declaration in SB 16-158, see section 1
of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in HB 19-1044, see section 1 of chapter 60, Session Laws of Colorado 2019.
15-18.7-105. Moral convictions and religious beliefs - notice required -
transfer of a patient. (1) A health-care provider or health-care facility that provides care to an adult whom the health-care provider or health-care facility knows to have executed a medical orders for scope of treatment form shall provide notice to the adult or, if appropriate, to the authorized surrogate decision-maker of the adult, of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. The health-care provider or health-care facility shall provide the notice, when reasonably possible, prior to providing medical treatment or prior to or upon the admission of the adult to the health-care facility, or as soon as possible thereafter.
(2) A health-care provider or health-care facility shall provide for the prompt
transfer of an adult who has executed a medical orders for scope of treatment form to another health-care provider or health-care facility if the transferring healt
C.R.S. § 16-11-102.4
16-11-102.4. Genetic testing of convicted offenders. (1) Beginning July 1, 2007, each of the following convicted offenders shall submit to and pay for collection and a chemical testing of the offender's biological substance sample to determine the genetic markers thereof, unless the offender has already provided a biological substance sample for such testing pursuant to a statute of this state:
(a) Every offender who, on or after July 1, 2007, is in the custody of the
department of corrections based on a sentence imposed before that date, including an offender on parole. The department shall collect the sample at least thirty-five days prior to the offender's discharge or release from custody, release on parole, or transfer to community corrections placement.
(b) (I) Every offender who, on or after July 1, 2007, is on probation under a
sentence imposed before that date for a conviction of:
(A) An offense involving unlawful sexual behavior or for which the factual
basis involved an offense involving unlawful sexual behavior, committed on or after July 1, 1996;
(B) An offense involving unlawful sexual behavior, or for which the factual
basis involved an offense involving unlawful sexual behavior, committed before July 1, 1996, if the offender was on probation for the offense as of July 1, 2000;
(C) An offense that is a crime of violence as listed in section 18-1.3-406 (2),
C.R.S., committed on or after July 1, 1999;
(D) An offense that is a crime of violence as listed in section 18-1.3-406 (2),
C.R.S., committed before July 1, 1999, if the offender was on probation for the offense as of July 1, 2000;
(E) Second degree murder in violation of section 18-3-103 (1), C.R.S.,
committed on or after July 1, 1999;
(F) Second degree murder in violation of section 18-3-103 (1), C.R.S.,
committed before July 1, 1999, if the offender was on probation for the conviction as of July 1, 2000;
(G) First degree assault in violation of section 18-3-202 (1), C.R.S., committed
on or after July 1, 1999;
(H) First degree assault in violation of section 18-3-202 (1), C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1, 2000;
(I) Second degree assault in violation of section 18-3-203 (1)(b), (1)(c), (1)(d),
(1)(g), or (2)(b.5), C.R.S., committed on or after July 1, 1999;
(J) Second degree assault in violation of section 18-3-203 (1)(b), (1)(c), (1)(d),
(1)(g), or (2)(b.5), C.R.S., committed before July 1, 1999, if the offender was on probation for the conviction as of July 1, 2000;
(K) Second degree kidnapping in violation of section 18-3-302 (4), C.R.S.,
committed on or after July 1, 1999;
(L) Second degree kidnapping in violation of section 18-3-302 (4), C.R.S.,
committed before July 1, 1999, if the offender was on probation for the conviction as of July 1, 2000;
(M) First degree arson in violation of section 18-4-102 (3), C.R.S., committed
on or after July 1, 1999;
(N) First degree arson in violation of section 18-4-102 (3), C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1, 2000;
(O) First degree burglary in violation of section 18-4-202, C.R.S., committed
on or after July 1, 1999;
(P) First degree burglary in violation of section 18-4-202, C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1, 2000;
(Q) Second degree burglary in violation of section 18-4-203, C.R.S.,
committed on or after July 1, 2000;
(R) Third degree burglary in violation of section 18-4-204, C.R.S., committed
on or after July 1, 2000;
(S) Aggravated robbery in violation of section 18-4-302 (4), C.R.S.,
committed on or after July 1, 1999;
(T) Aggravated robbery in violation of section 18-4-302 (4), C.R.S., committed
before July 1, 1999, if the offender was on probation for the conviction as of July 1, 2000; or
(U) Any other felony, if the offender was on probation for the conviction as of
July 1, 2000, and had been previously convicted of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior, an offense that is a crime of violence as listed in section 18-1.3-406 (2), C.R.S., second degree murder in violation of section 18-3-103 (1), C.R.S., first degree assault in violation of section 18-3-202 (1), C.R.S., second degree assault in violation of section 18-3-203 (1)(b), (1)(c), (1)(d), (1)(g), or (2)(b.5), C.R.S., second degree kidnapping in violation of section 18-3-302 (4), C.R.S., first degree arson in violation of section 18-4-102 (3), C.R.S., first degree burglary in violation of section 18-4-202, C.R.S., or aggravated robbery in violation of section 18-4-302 (4), C.R.S.
(II) The judicial department or a probation department shall collect the
sample required by this subsection (1) at least thirty days prior to the offender's scheduled termination of probation, but, in any event, by December 31, 2007.
(c) Every offender who, on or after July 1, 2007, is on a deferred judgment
and sentence as authorized in section 18-1.3-102, C.R.S., that was granted on or after July 1, 1999, but before July 1, 2007, for an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The judicial department or a probation department shall collect the sample required by this subsection (1) at least thirty days prior to the offender's scheduled termination of the deferred judgment, but, in any event, by October 1, 2007.
(d) Every offender who, on or after July 1, 2007, is in a county jail or a
community corrections facility pursuant to article 27 of title 17, C.R.S., based on a sentence imposed before that date for a felony conviction. The sheriff or the community corrections program shall collect the sample at least thirty-five days prior to the offender's release from the custody of the county jail or community corrections facility.
(e) Every offender who, on or after July 1, 2007, is in a county jail or a
community corrections facility based on a sentence imposed before that date for conviction of a misdemeanor offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior. The sheriff or the community corrections program shall collect the sample at least thirty-five days prior to the offender's release from the custody of the county jail or community corrections facility.
(f) Every offender who, on or after July 1, 2007, is in the custody of the
youthful offender system based on a sentence imposed before that date, including an offender on community supervision. The department of corrections shall collect the sample at least thirty-five days prior to the offender's discharge or release from custody or release to community supervision.
(g) Every offender sentenced on or after July 1, 2007, for a felony conviction;
except that this paragraph (g) shall not apply to an offender granted a deferred judgment and sentencing as authorized in section 18-1.3-102, C.R.S., unless otherwise required to submit to a sample pursuant to this section, or unless the deferred judgment and sentencing is revoked and a sentence is imposed. The sample shall be collected:
(I) From an offender sentenced to the department of corrections, by the
department during the intake process but in any event within thirty-five days after the offender is received by the department;
(II) From an offender sentenced to county jail or community corrections, by
the sheriff or by the community corrections program within thirty-five days after the offender is received into the custody of the county jail or the community corrections facility;
(III) From an offender sentenced to probation, by the judicial department
within thirty-five days after the offender is placed on probation;
(IV) From an offender sentenced to the youthful offender system, by the
department of corrections within thirty-five days after the offender is received at the youthful offender system; and
(V) From an offender who receives any other sentence or who receives a
suspended sentence, by the judicial department within thirty-five days after the offender is sentenced or the sentence is suspended.
(h) Every offender who, on or after July 1, 2007, is sentenced for a conviction
of, or who receives a deferred judgment and sentence for, an offense involving unlawful sexual behavior or for which the underlying factual basis involves unlawful sexual behavior. The sample shall be collected:
(I) From an offender sentenced to county jail or community corrections, by
the sheriff or by the community corrections program within thirty-five days after the offender is received into the custody of the county jail or the community corrections facility;
(II) From an offender sentenced to probation, by the judicial department or a
probation department within thirty-five days after the offender is placed on probation;
(III) From an offender who receives a deferred judgment and sentence, by
the judicial department or a probation department within thirty-five days after the offender receives the deferred judgment and sentence; and
(IV) From an offender who receives any other sentence or who receives a
suspended sentence, by the judicial department or a probation department within thirty-five days after the offender is sentenced or the sentence is suspended.
(2) For purposes of this section:
(a) Convicted means having received a verdict of guilty by a judge or jury or
having pled guilty or nolo contendere. Except where otherwise indicated, convicted does not include deferred judgment and sentencing pursuant to section 18-1.3-102, C.R.S., unless the deferred judgment and sentence is revoked and a sentence is imposed.
(b) Unlawful sexual behavior shall have the same meaning as provided in
section 16-22-102 (9).
(3) The judicial department, the department of corrections, a probation
department, a sheriff, or a contractor may:
(a) Use reasonable force to obtain biological substance samples in
accordance with this section using medically recognized procedures. In addition, an offender's refusal to comply with this section may be grounds for revocation or denial of parole, probation, suspension of sentence, or deferred judgment and sentence. Failure to pay for collection and a chemical testing of a biological substance sample shall be considered a refusal to comply if the offender has the present ability to pay.
(b) Collect biological substance samples notwithstanding that collection
was not accomplished within an applicable deadline set forth in this section.
(4) Any moneys received from an offender pursuant to this section shall be
deposited in the offender identification fund created in section 24-33.5-415.6, C.R.S.
(5) The Colorado bureau of investigation shall conduct the chemical testing
of the biological substance samples obtained pursuant to this section. The Colorado bureau of investigation shall file and maintain the results thereof and shall furnish the results to a law enforcement agency upon request. The Colorado bureau of investigation shall store and preserve all biological substance samples obtained pursuant to this section.
(6) This section shall not apply to juvenile adjudications under title 19, C.R.S.
Source: L. 2006: Entire section added, p. 1687, � 2, effective July 1, 2007. L.
2007: Entire section R&RE, p. 1611, � 1, effective July 1. L. 2012: (1)(a), (1)(d), (1)(e), (1)(f), (1)(g), and (1)(h) amended, (SB 12-175), ch. 208, p. 853, � 85, effective July 1.
C.R.S. § 16-11-308.5
16-11-308.5. Authority to contract with a county or a city and county for placement of prisoners in custody of executive director. (1) The general assembly hereby finds and declares that the department of corrections needs to reduce the backlog of state prisoners in local jails and that such reduction may occur by means of contracting with local jails for jail space in an amount equal to the number of inmates backlogged in local jails. The general assembly also finds and declares that it is the general assembly's intent that the department of corrections cooperate with each contracting county or city and county to select inmates for placement who will eventually be released in that county, city and county, or geographic area, or who have special protective needs, or who have occupational skills or plans that are compatible with the county's or city and county's needs.
(1.5) For the purposes of this section, local jail means a jail or an adult
detention center of a county or city and county.
(2) (a) The executive director of the department of corrections may enter into
a contract with any county or city and county for the placement in a local jail of any person who is in the custody of the executive director. Subject to appropriations, the executive director may provide an incentive to any county or city and county to encourage such county or city and county to so contract. The incentive shall not exceed ten percent of the daily rate as determined pursuant to section 17-1-112, C.R.S., multiplied by the number of days of confinement of any such person in such local jail.
(b) In any such placement in a local jail, the executive director shall be
governed by the provisions of section 16-11-308 and shall retain jurisdiction over any person so placed for the purpose of any transfer to a state institution or treatment facility pursuant to section 16-11-308 (5).
(3) Except for contracts executed in the fiscal year beginning July 1, 1988,
the board of county commissioners in each county or city council of each city and county desiring to contract with the department of corrections shall notify said department, on or before September 1 of each year, of the jail space available for contract on July 1 of the following year.
(4) Commencing with the fiscal year beginning July 1, 1988, the department
of corrections shall execute contracts with counties or city and counties indicating a willingness to contract for available jail space as soon as is practicable after July 1, 1988.
(5) Beginning with budget requests required to be submitted by November 1,
1988, the executive director of the department of corrections shall include the costs of contracting for jail space in the department's annual budget request to be submitted to the joint budget committee.
Source: L. 88: Entire section added, p. 676, � 1, effective July 1; entire section
added, p. 709, � 7, effective July 1. L. 91: (1) to (4) amended and (1.5) added, p. 339, � 4, effective May 24. L. 93: (1.5) and (2)(a) amended, p. 406, � 4, effective April 19.
Cross references: For the authority of counties to enter into contracts with
the executive director of the department of corrections, see � 30-11-101 (1)(h).
C.R.S. § 16-13-311
16-13-311. Disposition of seized personal property. (1) Any personal property subject to seizure, confiscation, forfeiture, or destruction under the provisions of this part 3, and which is seized as a part of or incident to proceedings under this part 3 for which disposition is not provided by another statute of this state, shall be disposed of as provided in this section.
(2) Any such property which is required by law to be destroyed, or the
possession of which is illegal, or which in the opinion of the court is not properly the subject of a sale may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the sheriff of the proper county or any peace officer and returned by the sheriff or peace officer after execution thereof. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.
(3) (a) If the prosecution prevails in the forfeiture action, the court shall order
the property forfeited. Such order perfects the state's right and interest in and title to such property and relates back to the date when title to the property vested in the state pursuant to section 16-13-316. Except as otherwise provided in subsection (3)(c) of this section, the court shall also order such property to be sold at a public sale by the law enforcement agency in possession of the property in the manner provided for sales on execution, or in another commercially reasonable manner. Property forfeited pursuant to this section or proceeds therefrom must be distributed or applied in the following order:
(I) To payment of the balances due on any liens perfected on or before the
date of seizure preserved by the court in the forfeiture proceedings, in the order of their priority;
(II) To compensate an innocent partial owner for the fair market value of his
or her interest in the property;
(III) To any person who suffers bodily injury, property damage, or property
loss as a result of the conduct constituting a public nuisance that resulted in such forfeiture, if said person petitions the court therefor prior to the hearing dividing the proceeds pursuant to this section and the court finds that such person suffered said damages as a result of the subject acts that resulted in the forfeiture;
(IV) To the law enforcement agency in possession of the property for
reasonable fees and costs of sale, maintenance, and storage of the property;
(V) To the district attorney for actual and reasonable expenses related to the
costs of prosecuting the forfeiture proceeding and title transfer not to exceed ten percent of the value of the property;
(VI) One percent of the value of the property to the clerk of the court for
administrative costs associated with compliance with this section;
(VII) The balance must be delivered, upon order of the court, as follows:
(A) Fifty percent to the general fund of the governmental body or bodies
with budgetary authority over the seizing agency for public safety purposes or, if the seizing agency was a multijurisdictional task force, fifty percent to be distributed in accordance with the appropriate intergovernmental agreement;
(B) Twenty-five percent to the behavioral health administrative services
organization contracting with the behavioral health administration in the department of human services serving the judicial district where the forfeiture proceeding was prosecuted to fund detoxification and substance use disorder treatment. Money appropriated to the behavioral health administrative services organization must be in addition to, and not be used to supplant, other funding appropriated to the behavioral health administration; and
(C) Twenty-five percent to the law enforcement community services grant
program fund, created pursuant to section 24-32-124 (5).
(b) (Deleted by amendment, L. 2002, p. 921, � 5, effective July 1, 2002.)
(c) If, in a forfeiture proceeding, a partial owner is determined to be an
innocent owner under law, at the option of the innocent partial owner, in lieu of a public sale, the innocent partial owner may purchase the forfeited items from the state at a private sale for fair market value. Proceeds received by the state shall be disposed of pursuant to this section.
(d) After a judgment of forfeiture has been entered, any seizing agency in
possession of any money forfeited shall deposit the money in the registry of the court where the forfeiture order was entered. Upon the sale of forfeited real or personal property, the seizing agency responsible for overseeing the sale shall ensure that any lienholders are compensated from the proceeds of the sale pursuant to the priorities specified in paragraph (a) of this subsection (3) for their interests in the forfeited property. The seizing agency shall deposit all remaining proceeds from the sale in the registry of the court immediately upon completion of the sale. The seizing agency shall notify the court and the district attorney when all property subject to the forfeiture order has been sold and all proceeds and money have been deposited in the registry of the court where the forfeiture order was entered.
(e) Within thirty-five days after the date the order of forfeiture is entered, the
district attorney may submit a motion, an affidavit, and any supporting documentation to the court to request compensation consistent with this section. Within thirty-five days after the date the order of forfeiture is entered, any victim of the criminal act giving rise to the forfeiture may submit a request for compensation, an affidavit, and supporting documentation to the district attorney to request compensation from the forfeiture proceeds.
(f) Within fourteen days after the date a seizing agency notifies the court
that all property forfeited has been sold and all proceeds and money have been deposited in the registry of the court where the forfeiture order was entered, the seizing agency may submit a motion, an affidavit, and supporting documentation to the court for reimbursement of expenses consistent with this section. In its motion, the seizing agency shall identify any other seizing agencies that participated in the seizure and specify the details of any intergovernmental agreement regarding sharing of proceeds. The seizing agency shall send a copy of this motion to the district attorney.
(g) The district attorney shall prepare a motion and proposed order for
distribution based upon the motions and requests submitted by the parties. The order shall include allocation of one percent of the value of the property to the clerk of the court for the direct and indirect costs incurred by the clerk in implementing the provisions of this subsection (3). The district attorney shall send copies to all remaining interested parties.
(h) Any party shall have fourteen days after filing of the proposed order to
file any objections to the proposed order filed by the district attorney.
(3.5) Instead of liens and encumbrances on real property being satisfied
from the proceeds of sale, real property may be sold subject to all liens or encumbrances on record. The purchase of the property by the successful bidder under this subsection (3.5) shall be conditioned on the bidder satisfying and obtaining the release of the first and second priority liens within sixty-three days after the sale, or obtaining written authorization from those lien holders for the bidder to receive the sheriff's deed which shall be issued after such satisfaction or authorization. The purchaser of the property shall take title free of any lien, encumbrance, or cloud on the title recorded after title vests in the state pursuant to section 16-13-316.
(4) It is the intent of the general assembly that moneys allocated to a seizing
agency pursuant to subsection (3) of this section shall not be considered a source of revenue to meet normal operating needs.
(5) If more than one seizing agency was substantially involved in effecting
the forfeiture, the agencies shall enter into a stipulation with regard to costs incurred by the agencies and the percentage of any remaining proceeds to be deposited for the benefit of the agencies or any property to be directly forfeited for use of such agencies. Upon the filing by such agencies of such stipulation with the court, the court shall order the proceeds or property so distributed. If the agencies are unable to reach an agreement, the court shall take testimony and equitably distribute the proceeds.
(6) The state shall issue a certificate of title for a vehicle to the purchaser or
seizing agency if said vehicle is acquired pursuant to this part 3.
Source: L. 72: R&RE, p. 264, � 1. C.R.S. 1963: � 39-13-311. L. 81: (3) amended,
p. 957, � 7, effective July 1. L. 87: (2) and (3)(b) amended and (4) to (6) added, p. 637, � 9, effective July 1. L. 2002: (3) amended, p. 921, � 5, effective July 1. L. 2003: IP(3)(a) amended and (3.5) added, p. 904, � 16, effective July 1. L. 2011: (3)(a)(VII)(B) amended, (HB 11-1303), ch. 264, p. 1155, � 26, effective August 10. L. 2012: (3)(e), (3)(f), (3)(h), and (3.5) amended, (SB 12-175), ch. 208, p. 857, � 92, effective July 1. L. 2017: IP(3)(a) and (3)(a)(VII)(B) amended, (SB 17-242), ch. 263, p. 1252, � 9, effective May 25. L. 2018: IP(3)(a) and (3)(a)(VII) amended, (HB 18-1020), ch. 307, p. 1860, � 4, effective September 1. L. 2022: (3)(a)(VII)(B) amended, (HB 22-1278), ch. 222, p. 1596, � 241, effective August 10. L. 2023: (3)(a)(VII)(B) amended, (HB 23-1236), ch. 206, p. 1050, � 2, effective May 16.
Cross references: (1) For provisions on reporting and disposition of forfeited
property, see part 7 of this article 13.
(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
C.R.S. § 16-22-102
16-22-102. Definitions. As used in this article 22, unless the context otherwise requires:
(1) Adjudicated or adjudication means a determination by the court that it
has been proven beyond a reasonable doubt to the trier of fact that a juvenile has committed a delinquent act or that a juvenile has pled guilty to committing a delinquent act. In addition, when a previous conviction must be pled and proven as an element of an offense or for purposes of sentence enhancement, adjudication means conviction.
(1.5) Birthday means a person's birthday as reflected on the notice
provided to the person pursuant to section 16-22-106 or 16-22-107 or the person's actual date of birth if the notice does not reflect the person's birthday.
(2) CBI means the Colorado bureau of investigation established pursuant to
part 4 of article 33.5 of title 24, C.R.S.
(3) Convicted or conviction means having received a verdict of guilty by a
judge or jury, having pleaded guilty or nolo contendere, having received a disposition as a juvenile, having been adjudicated a juvenile delinquent, or having received a deferred judgment and sentence or a deferred adjudication.
(3.5) Employed at an institution of postsecondary education means a
person:
(a) Is employed by or is an independent contractor with an institution of
postsecondary education or is employed by or is an independent contractor with an entity that contracts with an institution of postsecondary education; and
(b) Spends any period of time in furtherance of the employment or
independent contractor relationship on the campus of the postsecondary institution or at a site that is owned or leased by the postsecondary institution.
(4) Immediate family means a person's spouse, parent, grandparent,
sibling, or child.
(4.2) Juvenile means a person who is under eighteen years of age at the
time of the offense and who has not been criminally convicted in the district court of unlawful sexual behavior pursuant to section 19-2.5-801 or 19-2.5-802.
(4.3) (a) Lacks a fixed residence means that a person does not have a living
situation that meets the definition of residence pursuant to subsection (5.7) of this section. Lacks a fixed residence may include, but need not be limited to, outdoor sleeping locations or any public or private locations not designed as traditional living accommodations. Lacks a fixed residence may also include temporary public or private housing or temporary shelter facilities, residential treatment facilities, or any other residential program or facility if the person remains at the location for less than fourteen days.
(b) Lacks a fixed residence also includes a person who is registered in any
jurisdiction if the person:
(I) Ceases to reside at an address in that jurisdiction; and
(II) Fails to register:
(A) A change of address in the same jurisdiction; or
(B) In a new jurisdiction pursuant to section 16-22-108 (4); or
(C) Pursuant to section 16-22-108 (3).
(4.5) Local law enforcement agency means the law enforcement agency,
including but not limited to a campus police agency, that has jurisdiction over a certain geographic area.
(5) Register and registration include initial registration pursuant to
section 16-22-104, and registration, confirmation of registration, and reregistration, as required in section 16-22-108.
(5.5) Registrant means a person who is required to register in accordance
with this article.
(5.7) Residence means a place or dwelling that is used, intended to be
used, or usually used for habitation by a person who is required to register pursuant to section 16-22-103. Residence may include, but need not be limited to, a temporary shelter or institution, if the person resides at the temporary shelter or institution for fourteen consecutive days or longer, if the owner of the shelter or institution consents to the person utilizing the shelter or institution as his or her registered address as required by section 16-22-106 (4) or 16-22-107 (4)(a), and if the residence of the person at the shelter or institution can be verified as required by section 16-22-109 (3.5). A person may establish multiple residences by residing in more than one place or dwelling.
(5.8) Resides includes residence and lacks a fixed residence.
(6) Sex offender registry means the Colorado sex offender registry
created and maintained by the CBI pursuant to section 16-22-110.
(7) Sexually violent predator means a person who is found to be a sexually
violent predator pursuant to section 18-3-414.5, C.R.S.
(8) Temporary resident means a person who is a resident of another state
but in Colorado temporarily because the person is:
(a) Employed in this state on a full-time or part-time basis, with or without
compensation, for more than fourteen consecutive business days or for an aggregate period of more than thirty days in any calendar year; or
(b) Enrolled in any type of educational institution in this state on a full-time
or part-time basis; or
(c) Present in Colorado for more than fourteen consecutive business days or
for an aggregate period of more than thirty days in a calendar year for any purpose, including but not limited to vacation, travel, or retirement.
(9) Unlawful sexual behavior means any of the following offenses or
criminal attempt, conspiracy, or solicitation to commit any of the following offenses:
(a) (I) Sexual assault, in violation of section 18-3-402, C.R.S.; or
(II) Sexual assault in the first degree, in violation of section 18-3-402, C.R.S.,
as it existed prior to July 1, 2000;
(b) Sexual assault in the second degree, in violation of section 18-3-403,
C.R.S., as it existed prior to July 1, 2000;
(c) (I) Unlawful sexual contact, in violation of section 18-3-404, C.R.S.; or
(II) Sexual assault in the third degree, in violation of section 18-3-404, C.R.S.,
as it existed prior to July 1, 2000;
(d) Sexual assault on a child, in violation of section 18-3-405, C.R.S.;
(e) Sexual assault on a child by one in a position of trust, in violation of
section 18-3-405.3, C.R.S.;
(f) Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5, C.R.S.;
(g) Enticement of a child, in violation of section 18-3-305, C.R.S.;
(h) Incest, in violation of section 18-6-301, C.R.S.;
(i) Aggravated incest, in violation of section 18-6-302, C.R.S.;
(j) Human trafficking of a minor for sexual servitude, as described in section
18-3-504 (2), C.R.S.;
(j.5) Human trafficking for sexual servitude, as described in section 18-3-504
(1);
(k) Sexual exploitation of children, in violation of section 18-6-403, C.R.S.;
(l) Procurement of a child for sexual exploitation, in violation of section 18-6-404, C.R.S.;
(m) Indecent exposure, in violation of section 18-7-302, C.R.S.;
(n) Soliciting for child prostitution, in violation of section 18-7-402, C.R.S.;
(o) Pandering of a child, in violation of section 18-7-403, C.R.S.;
(p) Procurement of a child, in violation of section 18-7-403.5, C.R.S.;
(q) Keeping a place of child prostitution, in violation of section 18-7-404,
C.R.S.;
(r) Pimping of a child, in violation of section 18-7-405, C.R.S.;
(s) Inducement of child prostitution, in violation of section 18-7-405.5, C.R.S.;
(t) Patronizing a prostituted child, in violation of section 18-7-406, C.R.S.;
(u) Engaging in sexual conduct in a correctional institution, in violation of
section 18-7-701, C.R.S.;
(v) Wholesale promotion of obscenity to a minor, in violation of section 18-7-102 (1.5), C.R.S.;
(w) Promotion of obscenity to a minor, in violation of section 18-7-102 (2.5),
C.R.S.;
(x) Class 4 felony internet luring of a child, in violation of section 18-3-306
(3), C.R.S.;
(y) Internet sexual exploitation of a child, in violation of section 18-3-405.4,
C.R.S.;
(z) Public indecency, committed in violation of section 18-7-301 (2)(b), C.R.S.,
if a second offense is committed within five years of the previous offense or a third or subsequent offense is committed;
(aa) Invasion of privacy for sexual gratification, in violation of section 18-3-405.6;
(bb) Second degree kidnapping, if committed in violation of section 18-3-302
(3)(a);
(cc) Unlawful electronic sexual communication, in violation of section 18-3-418; or
(dd) Unlawful sexual conduct by a peace officer, in violation of section 18-3-405.7.
Source: L. 2002: Entire article added, p. 1157, � 1, effective July 1. L. 2004:
(9)(v) and (9)(w) added, p. 800, � 1, effective May 21; (3.5), (4.5), (5.5), and (5.7) added and (8) amended, p. 1107, � 1, effective May 27. L. 2006: (5.7) amended, p. 1006, � 3, effective July 1; (9)(x) and (9)(y) added, p. 2054, � 2, effective July 1. L. 2010: (9)(j) amended, (SB 10-140), ch. 156, p. 537, � 6, effective April 21; (9)(u) amended, (HB 10-1277), ch. 262, p. 1190, � 2, effective July 1; (9)(x) and (9)(y) amended and (9)(z) added, (HB 10-1334), ch. 359, p. 1708, � 3, effective August 11; (9)(x) and (9)(y) amended and (9)(aa) added, (SB 10-128), ch. 415, p. 2047, � 8, effective July 1, 2012. L. 2011: (9)(bb) added, (HB 11-1278), ch. 224, p. 960, � 3, effective May 27. L. 2012: (4.3) and (5.8) added and (5.7) amended, (HB 12-1346), ch. 220, p. 940, � 1, effective July 1. L. 2014: (9)(j) amended, (HB 14-1273), ch. 282, p. 1153, � 13, effective July 1. L. 2017: IP amended and (9)(j.5) added, (HB 17-1072), ch. 250, p. 1050, � 3, effective September 1. L. 2019: (9)(aa) and (9)(bb) amended and (9)(cc) added, (HB 19-1030), ch. 145, p. 1760, � 3, effective July 1; (9)(aa) and (9)(bb) amended and (9)(dd) added, (HB 19-1250), ch. 287, p. 2663, � 3, effective July 1. L. 2021: (1) amended and (1.5) and (4.2) added, (HB 21-1064), ch. 320, p. 1961, � 1, effective September 1. L. 2022: (4.2) amended, (SB 22-212), ch. 421, p. 2969, � 27, effective August 10.
C.R.S. § 16-3-107.5
16-3-107.5. Transportation of prisoners - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Contracting entity means any person or entity contracting with this
state, another state, or a political subdivision of this or another state to transport a prisoner; except that contracting entity shall not include the department of corrections, any community corrections program operated pursuant to this title, or a county sheriff of a county located within the state of Colorado.
(b) Prisoner means any person convicted of an offense in Colorado or any
other state or any person under arrest for suspicion of the commission of a crime in Colorado or any other state.
(c) Secure facility means a county, city and county, or municipal jail or a
non-state-owned prison facility, as defined in section 17-24-125 (1)(b), C.R.S.
(d) Supervising individual means a person employed by a contracting entity
to transport prisoners from one location to another.
(e) Transport means to move a prisoner within, into, out of, or through the
state of Colorado.
(2) (a) A supervising individual in each vehicle in which one or more prisoners
are being transported by a contracting entity shall maintain a log book that documents for each prisoner:
(I) His or her name, date of birth, social security number, and any prescribed
medication;
(II) The name of the jurisdictional authority authorizing the transportation,
the date and time that the prisoner was first picked up, and the date and time that the prisoner was released to the jurisdictional authority;
(III) The date, time, length, and purpose of any stop made by the vehicle
transporting any prisoner; and
(IV) Information concerning any injuries suffered by the prisoner while being
transported.
(b) Upon request, a supervising individual shall surrender for inspection the
log book required by paragraph (a) of this subsection (2) to any federal, state, county, or municipal law enforcement officer.
(3) Whenever a prisoner is transported by a contracting entity, the prisoner:
(a) At a minimum, shall be shackled and placed in a transport belt or chains
with handcuffs and shall be under the observation of at least one supervising individual who shall remain awake;
(b) (Deleted by amendment, L. 2000, p. 852, � 59, effective May 24, 2000.)
(c) Shall not be shackled to another prisoner; and
(d) Shall have available in the vehicle in which the prisoner is being
transported appropriate attire for the season, including footwear.
(3.5) Any vehicle in which one or more prisoners are being transported by a
contracting entity shall only contain as many individuals as the vehicle was designed to carry.
(4) (a) At least once every twenty-four hours that a prisoner is being
transported by a contracting entity, the prisoner shall be housed unshackled in a cell at a secure facility for a period of not less than six hours and permitted to shower and sleep.
(b) The contracting entity or the supervising individual shall, if practicable,
notify the chief law enforcement officer in charge of the secure facility in which the prisoner is to be housed, at least twenty-four hours prior to the delivery of the prisoner to the secure facility, of each prisoner's name, date of birth, criminal history, and any special medical needs.
(5) Whenever a vehicle transporting one or more prisoners for a contracting
entity stops for more than two hours for any reason:
(a) The supervising individual shall promptly notify, if practicable, the law
enforcement agency of the local jurisdiction in which the vehicle is stopped; and
(b) All prisoners shall be housed in a secure facility unless, according to the
chief law enforcement officer of the secure facility, it would be impractical to do so.
(6) Whenever a vehicle transporting prisoners for a contracting entity enters
the state, a supervising individual shall promptly notify the Colorado bureau of investigation of the number of prisoners and the location or locations within the state where the vehicle is scheduled to stop.
(7) Whenever a prisoner is housed in a secure facility, the contracting entity
shall pay to the operator of the secure facility providing the housing the actual cost of housing the prisoner.
(8) Any individual or entity who violates any provision of subsections (2) to
(5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars.
(9) If any prisoner being transported escapes due to the negligence of the
contracting entity or a supervising individual, the contracting entity shall be held liable for all actual costs incurred by any governmental entity in recapturing the escaped prisoner and all actual damages caused by the escaped prisoner while at large.
Source: L. 98: Entire section added, p. 699, � 1, effective May 18. L. 2000:
(3)(b) amended and (3.5) added, p. 852, � 59, effective May 24.
C.R.S. § 17-1-103
17-1-103. Duties of the executive director. (1) The duties of the executive director are:
(a) To manage, supervise, and control the correctional institutions operated
and supported by the state; to monitor and supervise the activities of private contract prisons; to manage and supervise the divisions, agencies, boards, and commissions that are or may be transferred to or established within the department by law or by the executive director pursuant to section 17-1-101 (2); to provide work and self-improvement opportunities; and to establish an environment that promotes habilitation for successful reentry into society;
(a.5) To develop policies and procedures governing the operation of the
department;
(b) To supervise the business, fiscal, budget, personnel, and financial
operations of the department and the institutions and activities under his or her control;
(c) In consultation with the division directors and the wardens, to develop a
systematic building program providing for the projected, long-range needs of the institutions under his or her control;
(d) To efficiently manage the lands associated with or owned by the
department;
(e) To the extent practical, to utilize the staff and services of other state
agencies and departments, within their respective statutory functions, to carry out the purposes of this title;
(f) To develop within the correctional institutions, rehabilitation and work
programs that develop work skills for inmates and supply necessary products for state institutions and other public purposes as specified by law;
(g) Repealed.
(h) (Deleted by amendment, L. 2000, p. 830, � 3, effective May 24, 2000.)
(i) Repealed.
(j) (Deleted by amendment, L. 2000, p. 830, � 3, effective May 24, 2000.)
(k) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.;
(l) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.;
(m) To provide information to the director of research of the legislative
council concerning population projections, research data, and the projected long-range needs of the institutions under the control of the executive director and any other related data requested by the director;
(n) To contract with the department of human services to house in a facility
operated by the department of human services any juvenile under the age of fourteen years who is sentenced as an adult to the department of corrections and to provide services for the juvenile pursuant to section 19-2.5-802 (1)(e);
(o) To appoint an inspector general and investigators as provided in section
17-1-103.8;
(p) Notwithstanding the provisions of the Colorado Open Records Act, part
2 of article 72 of title 24, C.R.S., and part 3 of said article 72, to adopt such policies and guidelines as may be necessary concerning the release of records to inmates;
(q) To collaborate with the department of personnel and the office of
information technology on their existing efforts to modernize the state's personnel timekeeping systems in order to produce a system that is transparent, accountable, and easily employed by department personnel;
(r) In consultation with the behavioral health administration and the office of
economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers, to develop resources for inmates post-release that provide information to help prepare inmates for release and successful reintegration into their communities. The resources must reflect the needs of diverse and underserved populations and communities.
(2) The executive director shall have such other duties and functions as are
prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of title 24, C.R.S.
(3) (a) (I) The executive director shall, upon the recommendation of the
department's chief medical officer, appoint a panel of medical consultants.
(II) The executive director shall, upon the recommendation of the
department's chief medical officer, determine the membership of the panel based on the medical and surgical needs of the department.
(III) The executive director shall determine the qualifications for appointment
to the panel of medical consultants; except that all members of the panel shall be licensed by the Colorado medical board pursuant to article 240 of title 12 or the Colorado dental board pursuant to article 220 of title 12.
(b) Members of the panel of medical consultants shall be compensated at a
rate which shall be approved by the executive director. Compensation shall be paid from available funds of the department.
(c) The panel members shall act as medical consultants to the department
with respect to persons receiving services from any correctional facility as defined in section 17-1-102 (1.7).
(d) A member of the panel of medical consultants, for all activities
performed within the course and scope of said member's responsibilities to the department, shall be entitled to all of the protections of the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., as if the panel member were a public employee as defined in section 24-10-103 (4), C.R.S. This provision shall not be construed to afford independent contractors hired as panel members any of the protections of the state personnel system, article 50 of title 24, C.R.S.
(e) For purposes of this subsection (3), panel of medical consultants means
a panel of medical physicians, dentists, or oral surgeons whose duty is to deliver medical services or services related to oral surgery.
(4) For an inmate who was convicted as an adult of a class 1 felony following
direct filing of an information or indictment in the district court pursuant to section 19-2.5-801 or transfer of proceedings to the district court pursuant to section 19-2.5-802, the executive director shall ensure that the inmate has the opportunity to participate in treatment, programs, and services that is equal to the opportunities granted to other inmates who will be eligible for parole or discharge.
Source: L. 77: Entire title R&RE, p. 904, � 10, effective August 1. L. 83: (1)(g)
and (1)(h) amended, p. 832, � 30, effective July 1. L. 88: (1)(a) amended, p. 696, � 1, effective July 1. L. 89, 1st Ex. Sess.: (1)(i) added, p. 77, � 3, effective July 1. L. 90: (1)(j) added, p. 941, � 5, effective June 7; (1)(a) amended, p. 976, � 2, effective July 1. L. 91: (1)(k) added, p. 441, � 4, effective May 29. L. 92: (1)(l) added, p. 461, � 4, effective June 2. L. 94: (2) added, p. 563, � 3, effective April 6; (3) added, p. 772, � 1, effective April 20; (1)(m) added, p. 1097, � 8, effective May 9; (1)(i) repealed, p. 1362, � 5, effective July 1. L. 95: (3)(a) and (3)(e) amended, p. 879, � 16, effective May 24. L. 96: (1)(n) added, p. 1683, � 10, effective January 1, 1997. L. 98: (1)(g) amended, p. 726, � 7, effective May 18. L. 99: (1)(o) added, p. 424, � 2, effective April 30. L. 2000: (1)(a) to (1)(d), (1)(f), (1)(g), (1)(h), (1)(j), and (3)(e) amended and (1)(a.5) and (1)(p) added, p. 830, � 3, effective May 24. L. 2001: (1)(g) repealed, p. 1176, � 3, effective August 8. L. 2006: (4) added, p. 1055, � 8, effective May 25. L. 2009: (1)(p) amended, (SB 09-292), ch. 369, p. 1948, � 31, effective August 5. L. 2010: (3)(a)(III) amended, (HB 10-1260), ch. 403, p. 1986, � 74, effective July 1. L. 2013: (1)(q) added, (SB 13-210), ch. 261, p. 1378, � 2, effective August 7. L. 2014: (3)(a)(III) amended, (HB 14-1227), ch. 363, p. 1737, � 43, effective July 1. L. 2019: (3)(a)(III) amended, (HB 19-1172), ch. 136, p. 1674, � 89, effective October 1. L. 2020: IP(1) amended and (1)(r) added, (HB 20-1017), ch. 288, p. 1425, � 8, effective September 14. L. 2021: (1)(n) and (4) amended, (SB 21-059), ch. 136, p. 716, � 32, effective October 1. L. 2022: (1)(f) amended, (SB 22-050), ch. 51, p. 240, � 1, effective March 30; (1)(r) amended, (HB 22-1278), ch. 222, p. 1495, � 20, effective July 1.
Cross references: For the legislative declaration contained in the 2006 act
enacting subsection (4), see section 1 of chapter 228, Session Laws of Colorado 2006.
C.R.S. § 17-1-103.8
17-1-103.8. Executive director - inspector general - investigators - duties. (1) The executive director, pursuant to section 13 of article XII of the state constitution, shall appoint a person to the position of inspector general. The person appointed to the position shall report to the executive director and shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S.
(1.5) The executive director, in consultation with the inspector general, shall
appoint investigators who shall operate under the inspector general's direct authority. Investigators appointed pursuant to this section shall have the powers of a peace officer, as described in sections 16-2.5-101 and 16-2.5-134, C.R.S.
(2) The inspector general and the investigators under the inspector general's
direction have the following duties:
(a) To investigate, detect, and prevent any crimes, criminal enterprises, or
conspiracies originating within the department and any crimes, criminal enterprises, or conspiracies originating outside correctional facilities if the crimes, criminal enterprises, or conspiracies are related to the safety and security of correctional facilities, public or private. Evidence obtained by the inspector general or an investigator of any crimes so investigated shall be:
(I) Reported to the applicable local law enforcement agency; or
(II) With the consent of the district attorney, reported directly to the district
attorney, attorney general, or United States attorney having jurisdiction over the issue; or
(III) In the case of a city and county, reported immediately to the local law
enforcement agency, and the agency may complete the investigation and report the findings to the district attorney having jurisdiction over the city and county.
(b) To investigate, detect, and prevent any violations of administrative
regulations or state policy and procedure and any waste or mismanagement of departmental resources and corruption that may occur within the department and any other violation that may be committed by department staff where the violation could affect the performance of staff duties or tend to erode public confidence in the performance of the department;
(c) and (d) (Deleted by amendment, L. 2008, p. 464, � 1, effective April 14,
2008.)
(e) To conduct preemployment investigations and integrity interviews of all
persons who apply for employment with the department, including employment as contractors and subcontractors. The preemployment investigations and integrity interviews shall ensure that department employees meet the minimum standards set forth by state personnel rules, executive orders, and department policies.
(f) Upon request of a division of the department or a law enforcement
agency, to seek out and arrest any fugitive from a correctional facility and to assist a law enforcement agency in the apprehension of fugitives from justice throughout the state.
(2.5) On or before March 1, 2024, and on or before March 1 of each year
thereafter, the department shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, regarding the utilization of the services described in subsection (2)(f) of this section during the prior year. The report must include, at a minimum, data on the number of times the inspector general or the investigators under the inspector general's direction were used pursuant to subsection (2)(f) of this section, including the number of investigators required, the time committed to the effort, and the cost.
(3) (Deleted by amendment, L. 2008, p. 464, � 1, effective April 14, 2008.)
(4) For purposes of this section, correctional facilities includes but is not
limited to any facility with which the department has contracted to house offenders who are in the legal custody of the department.
(5) (Deleted by amendment, L. 2008, p. 464, � 1, effective April 14, 2008.)
Source: L. 99: Entire section added, p. 422, � 1, effective April 30. L. 2003: (1)
and (5)(a) amended, p. 1625, � 49, effective August 6. L. 2008: Entire section amended, p. 464, � 1, effective April 14. L. 2023: IP(2) amended and (2)(f) and (2.5) added, (SB 23-203), ch. 355, p. 2132, � 1, effective August 7.
C.R.S. § 17-1-104.5
17-1-104.5. Incarceration of inmates from other states - private contract prison facilities. (1) The general assembly finds and declares that the importation of prisoners from other states into correctional facilities not operated by the department of corrections is a matter of statewide concern.
(2) No inmate from a state other than Colorado may be received into the
state of Colorado and be housed in a private contract prison facility or a prison facility operated by a political subdivision of the state:
(a) Without the express approval of the executive director, which approval
shall not be unreasonably withheld; and
(b) Unless the private contract prison facility or a prison facility operated by
a political subdivision is designed to meet or exceed the appropriate security level for the inmate.
(3) The department shall develop and rely upon criteria for the protection of
the health, safety, and financial interests of the state of Colorado as developed by the executive director.
(4) Upon violation of this section, the executive director may rescind his or
her approval pursuant to subsection (2) of this section and must provide at least sixty days notice to the contracting parties of the recision.
Source: L. 88: Entire section added, p. 711, � 13, effective July 1. L. 96: Entire
section amended, p. 1147, � 3, effective July 1. L. 98: Entire section amended, p. 1237, � 2, effective August 5. L. 2020: (3) and (4) added, (HB 20-1019), ch. 9, p. 24, � 3, effective March 6.
C.R.S. § 17-1-119
17-1-119. Lethal perimeter security systems for correctional facilities - governmental immunity - limitations. (1) The general assembly hereby finds and declares that the installation and operation of electrified, lethal perimeter security systems at certain state correctional facilities will enhance the safety of the citizens of this state and will result in reduced costs for operating such correctional facilities.
(2) The department is authorized, through its agents and contractors, to
design and construct electrified, lethal perimeter security systems at correctional facilities to be managed, operated, supervised, and controlled by the department if the department determines the use of such security systems to be necessary and appropriate.
(3) The department, any agent of the department, or contractor hired by the
department for the design and construction of an electrified, lethal perimeter security system at a state correctional facility shall be provided all protections of governmental immunity provided to public employees by article 10 of title 24, C.R.S., including but not limited to the payment of judgments and settlements, the provision of legal defense, and the payment of costs incurred in court actions in regard to any and all claims arising from the design and construction, consistent with the design approved by the department, of the lethal aspect of such security system.
(4) The provisions of subsection (3) of this section shall be construed as a
specific exception for independent contractors hired to design and construct electrified, lethal perimeter security systems at state correctional facilities from the general exclusion of independent contractors from the protections of governmental immunity provided in article 10 of title 24, C.R.S.
Source: L. 97: Entire section added, p. 1587, � 3, effective June 4.
C.R.S. § 17-1-166
17-1-166. Department duties - parole plan - report. (1) The department shall develop a recommended parole plan for every inmate prior to a parole application hearing or release from prison that includes, at a minimum, an approved sponsor or other housing option and a continuity of care plan if the inmate has higher needs for medical or behavioral health care. The department shall comply with this subsection (1) regardless of whether the inmate can provide the department with the name of a potential parole sponsor. If the department is unable to develop a recommended parole plan, the department shall inform the parole board in writing and include a list of options that have been explored but have been rejected by the department.
(2) The department, in consultation with the state board of parole, shall
develop necessary policies and procedures regarding prerelease planning to ensure that:
(a) Roles and responsibilities of employees and any contractors involved in
pre-release planning are clearly defined, employees and any contractors are adequately trained, and performance measures are developed;
(b) Adequate tracking and quality assurance processes are in place so that a
recommended parole plan, whether an in-state or out-of-state plan, is completed and submitted to the parole board prior to the initial and any subsequent parole application hearing;
(c) Expedited protocols are in place so that an inmate's application for parole
is submitted to the parole board at the earliest possible opportunity if the inmate is a new arrival at Denver reception and diagnostic center or the central transport unit and is past or within ninety days of the inmate's parole eligibility date;
(d) Formal mechanisms are in place to facilitate effective communication
between the department and the parole board, including timely responses from the department to parole board requests for additional information or for a revised parole plan prior to the parole board's decision; and
(e) Data collection and data sharing between the department and the parole
board are adequate to actively monitor the status of parole applications when the parole board has delayed its decision.
(3) The department shall provide a monthly report, by facility, the number of
parole applications when the parole board has delayed a decision, the average length of time the parole application has been pending, and the general reason for delaying the decision if that information is known to the department. The information must be provided both for the reporting month and year to date.
Source: L. 2021: Entire section added, (SB 21-146), ch. 459, p. 3082, � 3,
effective July 6.
C.R.S. § 17-1-202
17-1-202. Requests for competitive proposals and contract requirements. (1) Before entering into any contract for designing, financing, acquiring, constructing, or operating a private contract prison or any contract for any combination of these functions, the department may issue a request for competitive proposals. Prior to issuing a request for competitive proposals requiring new construction under this section, the department shall notify the capital development committee, established pursuant to section 2-3-1302, C.R.S. The department's rules, at a minimum, shall require that any contract proposed and awarded by the executive director pursuant to this part 2 shall be governed by the following principles:
(a) A contract shall be negotiated with the contractor which, in the
determination of the department, is found to be the most qualified and the most competitive under the circumstances; except that a contract for private correctional facilities shall not be executed unless the executive director of the department of corrections determines that the contractor has demonstrated compliance with the following standards:
(I) The qualifications, experience, and management personnel necessary to
carry out the terms of the contract. At a minimum, this standard shall prohibit the contractor from employing a person who is required to register pursuant to the provisions of the Colorado Sex Offender Registration Act, article 22 of title 16, C.R.S., to work in the private correctional facility. In connection with this standard, the contractor shall require applicants for employment to submit a set of fingerprints to the Colorado bureau of investigation for a criminal background check as provided in section 17-1-204.
(II) The ability to expedite the location, design, and construction of a private
correctional facility; and
(III) The ability to comply with applicable laws, court orders, and national
correctional standards.
(b) A contractor shall agree to indemnify the state and the department of
corrections, including their officials and agents, against any and all liability including but not limited to any civil rights claims. The department of corrections shall require proof of satisfactory insurance, the amount to be determined by the department of corrections following consultation with the division of insurance in the department of regulatory agencies.
(c) The contractor shall seek, obtain, and maintain accreditation by the
association responsible for adopting national correctional standards. In addition, the contractor shall comply with the association's amendments to the accreditation standards upon approval of the amendments by the department of corrections.
(d) The proposed private contract prisons and the management plans for
inmates shall meet applicable national correctional standards and the requirements of applicable court orders and state law.
(e) The contractor shall agree to abide by operations standards for
correctional facilities adopted by the executive director of the department of corrections.
(f) The contractor shall be responsible for a range of dental, medical, and
psychological services and diet, education, and work programs at least equal to those services and programs provided by the department of corrections at comparable state correctional facilities. The work and education programs shall be designed to reduce recidivism.
(g) The executive director shall monitor all private contract prisons. Each
contractor shall bear the costs of monitoring associated with out-of-state inmates and shall reimburse the department on a per-inmate basis for out-of-state inmates, but shall not bear the costs of monitoring associated with Colorado inmates.
(1.5) For the purposes of a contract in existence as of April 1, 2004, if a
contractor employs a person in a private correctional facility who is required to register as a sex offender pursuant to the provisions of the Colorado Sex Offender Registration Act, article 22 of title 16, C.R.S., the contractor shall ensure that the person does not have unsupervised contact with an inmate on and after April 1, 2004. Failure to comply with the provisions of this subsection (1.5) shall constitute a breach and grounds for termination of the contract.
(2) A contract entered into under this part 2 does not accord third-party
beneficiary status to any inmate or to any member of the general public.
(3) Each contract shall include any other requirements the department
considers necessary and appropriate for carrying out the purposes of this part 2.
Source: L. 95: Entire part added, p. 1268, � 1, effective June 5. L. 2000: IP(1),
(1)(d), and (1)(g) amended, p. 837, � 19, effective May 24. L. 2004: (1)(a)(I) amended and (1.5) added, p. 231, � 2, effective April 1; (1)(g) amended, p. 753, � 1, effective May 12; IP(1) and IP(1)(a) amended, p. 127, � 2, effective August 4. L. 2006: IP(1) amended, p. 1059, � 1, effective May 25.
C.R.S. § 17-1-202.5
17-1-202.5. Private prison planning process. (1) In any fiscal year, if the general assembly determines that the amount of moneys credited to the capital construction fund, created in section 24-75-302, C.R.S., is not sufficient to pay for the design and construction of a correctional facility for adult offenders that is deemed necessary to satisfy future prison bed projections and needs, the department may request competitive proposals from private prison providers three years before desired occupancy of the correctional facility. Prior to issuing a request for competitive proposals requiring new construction under this section, the department shall notify the capital development committee, established pursuant to section 2-3-1302, C.R.S.
(2) (a) The department, during the request for competitive proposals process
described in subsection (1) of this section, shall determine the level of security, the desired location, and the number of beds necessary for the facility, as well as other criteria applicable to the appropriate conditions of confinement to be maintained at the facility. The department shall be under no obligation or duty to place offenders in a facility covered by this section.
(b) The department in all instances shall ensure that requests for
competitive proposals adequately inform prospective contractors that the department will give priority to proposals that satisfy the requirements of section 17-1-202 and that are competitive to the extent they contain terms that are most favorable to the department. The department shall, to the extent possible, also take steps to provide a competitive market environment for prospective contractors and to avoid decreased competition and the creation of a monopoly in the market.
(3) Nothing in this section shall be construed to require or permit the
department to lend or pledge the credit or faith of the department or of the state in any manner that would violate section 1 of article XI of the Colorado constitution.
Source: L. 2004: Entire section added, p. 127, � 3, effective August 4. L.
2006: (1) amended, p. 1059, � 2, effective May 25.
C.R.S. § 17-1-203
17-1-203. Powers and duties not delegable to contractor. (1) A contract executed pursuant to this part 2 shall not be construed as authorizing, allowing, or delegating authority to the contractor to:
(a) Choose the correctional facility to which an inmate is initially assigned or
subsequently transferred. The contractor may request, in writing, that an inmate be transferred to a facility operated by the department. The executive director and the contractor shall develop and implement a cooperative agreement for transferring inmates between a correctional facility operated by the department and a private contract prison. The department and the contractor must comply with the cooperative agreement.
(b) Develop or adopt disciplinary rules or penalties that differ from the
disciplinary rules and penalties that apply to inmates housed in correctional facilities operated by the department of corrections;
(c) Make a final determination on a disciplinary action that affects the liberty
of an inmate. The contractor may remove an inmate from the general prison population during an emergency, before final resolution of a disciplinary hearing, or in response to an inmate's request for assigned housing in protective custody.
(d) Make a decision that affects the sentence imposed upon or the time
served by an inmate, including a decision to award, deny, or forfeit earned time;
(e) Make recommendations to the state board of parole with respect to the
denial or granting of parole or release; however, the contractor may submit written reports to the state board of parole and shall respond to any written request by the state board of parole for information;
(f) Develop and implement requirements that inmates engage in any type of
work, except to the extent that those requirements are accepted by the department;
(g) Determine inmate eligibility for any form of release from a correctional
facility.
Source: L. 95: Entire part added, p. 1269, � 1, effective June 5. L. 2000: (1)(a)
amended, p. 838, � 20, effective May 24.
C.R.S. § 17-1-205
17-1-205. Contract termination - control of a correctional facility by the department. A contractor shall submit a detailed plan for the department to assume temporary responsibility for a private contract prison when the contract between the state and the contractor terminates. The state, through the executive director, may terminate the contract for cause, including but not limited to failure to obtain or maintain facility accreditation, after written notice of material deficiencies and after sixty workdays have been provided to the contractor to correct the material deficiencies. If any event occurs involving the noncompliance with or violation of contract terms and presents a serious threat to the safety, health, or security of the inmates, employees, or the public, the department may temporarily assume responsibility for the private contract prison. In addition, a contractor shall submit a plan for the temporary assumption of operations and purchase of a private contract prison by the department in the event of bankruptcy or the financial insolvency of the contractor. The contractor shall provide an emergency plan to address inmate disturbances, employee work stoppages, strikes, or other serious events. The plan shall comply with applicable national correctional standards. Nothing in this section shall be construed to require the state to assume the responsibility for the operation of private contract prisons and costs associated with contractual termination described in this section. If the state chooses, it may assume responsibility upon approval by the general assembly through the enactment of legislation.
Source: L. 95: Entire part added, p. 1270, � 1, effective June 5. L. 2000: Entire
section amended, p. 838, � 21, effective May 24.
C.R.S. § 17-2-201
17-2-201. State board of parole - duties - definitions. (1) (a) There is created the state board of parole, which consists of nine members. The board is a type 1 entity, as defined in section 24-1-105. The members of the board are appointed by the governor and confirmed by the senate, and they shall devote their full time to their duties as members of the board. The members are appointed for three-year terms; except that the terms shall be staggered so that no more than three members' terms expire in the same year. A member may serve consecutive terms. The governor may remove a board member for incompetency, neglect of duty, malfeasance in office, continued failure to use the risk assessment guidelines as required by section 17-22.5-404, or failure to regularly attend meetings as determined by the governor. Final conviction of a felony during the term of office of a board member automatically disqualifies the member from further service on the board. The board is composed of representatives from multidisciplinary areas of expertise. Two members must have experience in law enforcement, and one member must have experience in offender supervision, including parole, probation, or community corrections. Six members must have experience in other relevant fields. Each member of the board must have a minimum of five years of experience in a relevant field and knowledge of parole laws and guidelines, rehabilitation, correctional administration, the functioning of the criminal justice system, issues associated with victims of crime, the duties of board members, and actuarial risk assessment instruments and other offender assessment instruments used by the board and the department of corrections. A person who has been convicted of a felony or of a misdemeanor involving moral turpitude or who has any financial interests that conflict with the duties of a member of the board is ineligible for appointment.
(b) to (c.2) Repealed.
(d) The governor may appoint a temporary member to replace any member of
the board who becomes temporarily incapacitated. Such temporary member shall not require senate confirmation unless he serves for a period longer than ninety days and shall serve at the pleasure of the governor or until the incapacitated member of the parole board is able to resume his duties. Any temporary member shall assume all the powers and duties of the incapacitated member. Any such temporary member shall have the same qualifications as a permanent member as defined in paragraph (a) of this subsection (1). The board may not have more than two temporary members at any time.
(e) Each board member shall complete a minimum of twenty hours of
continuing education or training every year in order to maintain proficiency and to remain current on changes in parole laws and developments in the field. Each parole board member shall submit to the chairperson proof of attendance and details regarding any continuing education or training attended including the date, place, topic, the length of the training, the trainer's name, and any agency or organizational affiliation. Members may attend trainings individually or as part of a specific training offered to the parole board as a whole. The sole remedy for failure to comply with training and data collection requirements shall be removal of the board member by the governor, and the failure to comply with training and data collection requirements shall not create any right for any offender.
(2) The governor shall appoint one of the members of the board as the
chairperson of the board and shall also appoint one of the members as the vice-chairperson. Such appointments are subject to change by the governor. The chairperson shall be the administrative head of the board. The chairperson shall assure that board policy and rules and regulations are enforced. The chairperson shall also assure that proper calendars for hearings are compiled and that members are assigned to conduct such hearings. The vice-chairperson shall act in the absence of the chairperson and may fulfill such administrative duties as are delegated by the chairperson.
(3) The chairperson, in addition to other provisions of law, has the following
powers and duties:
(a) To promulgate rules governing the granting and revocation of parole,
including special needs parole pursuant to section 17-22.5-403.5, from correctional facilities where adult offenders are confined and the fixing of terms of parole and release dates. All rules governing the granting and revocation of parole promulgated by the chairperson shall be subject to the approval of a majority of the board and shall be promulgated pursuant to the provisions of section 24-4-103, C.R.S.
(b) To promulgate rules for the conduct of board members, the procedures
for board hearings, and procedures for the board to comply with state fiscal and procurement regulations. All administrative rules and regulations promulgated by the chairperson shall be promulgated pursuant to the provisions of section 24-4-103, C.R.S.
(c) To develop and update a written operational manual for parole board
members, release hearing officers, and administrative hearing officers under contract with the board by December 31, 2012. The operational manual shall include, but need not be limited to, board policies and rules, a summary of state laws governing the board, and all administrative release and revocation guidelines that the parole board is required to use. The chairperson will ensure that all new parole board members receive training and orientation on the operational manual.
(c.5) (Deleted by amendment, L. 2011, (SB 11-241), ch. 200, p. 833, � 3,
effective May 23, 2011.)
(d) To adopt a policy pursuant to which the board may conduct parole
hearings, parole revocation hearings, and board meetings using video teleconferencing technology. At a minimum, the policy shall identify:
(I) The agenda items, if any, that the board may not consider during video
teleconferences of hearings or meetings;
(II) The correctional facilities that the chairperson determines will be
accessible via video teleconferencing for purposes of conducting hearings or meetings. In identifying such correctional facilities, the chairperson may include the Colorado mental health institute at Pueblo for purposes of hearings held at the institute pursuant to subsection (10) of this section.
(e) To ensure that parole board members, release hearing officers, and
administrative hearing officers under contract with the board fulfill the annual training requirements described in paragraph (e) of subsection (1) of this section and in section 17-2-202.5. The chairperson shall notify the governor if any board member, release hearing officer, or administrative hearing officer fails to comply with the training requirements.
(f) To ensure that parole board members, release hearing officers, and
administrative hearing officers under contract with the board are accurately collecting data and information on his or her decision-making as required by section 17-22.5-404 (6). The chairperson shall notify the governor immediately if any board member, release hearing officer, or administrative hearing officer fails to comply with data collection requirements.
(g) To conduct an annual comprehensive review of board functions to
identify workload inefficiencies and to develop strategies or recommendations to address any workload inefficiencies;
(h) (I) To contract with licensed attorneys to serve as administrative hearing
officers to conduct parole revocation hearings pursuant to rules adopted by the parole board; or
(II) To appoint an administrative law judge pursuant to the provisions of
section 24-30-1003, C.R.S., to conduct parole revocation hearings pursuant to the rules and regulations promulgated pursuant to this subsection (3). Any references to the board regarding parole revocation hearings or revocation of parole shall include an administrative law judge appointed pursuant to this paragraph (h).
(h.1) To contract with qualified individuals to serve as release hearing
officers:
(I) To conduct parole application hearings for inmates convicted of class 4,
class 5, or class 6 felonies or level 3 or level 4 drug felonies who have been assessed to be less than high risk by the Colorado risk assessment scale developed pursuant to section 17-22.5-404 (2)(a), or hearings pursuant to subsection (19) of this section pursuant to rules adopted by the parole board; and
(II) To set parole conditions for inmates eligible for release to mandatory
parole.
(3.5) Notwithstanding section 24-1-136 (11)(a)(I), the chairperson shall
annually make a presentation to the judiciary committees of the house of representatives and the senate, or any successor committees, regarding the operations of the board.
(3.7) (a) Notwithstanding any other provision in this section, an inmate is not
eligible for parole if the inmate:
(I) Has been convicted of a class 1 code of penal discipline violation within
the twelve months preceding his or her next ordinarily scheduled parole hearing; or
(II) Has, within the twelve months preceding his or her next ordinarily
scheduled parole hearing, declined in writing to participate in programs that have been recommended and made available to the inmate.
(b) An inmate who is described by subparagraph (I) or (II) of paragraph (a) of
this subsection (3.7) may be eligible for parole when the applicable condition has not been in effect for the preceding twelve months.
(c) If two schedules with different parole application hearing dates apply to
the same inmate, the board shall give effect to the schedule that includes the later parole application hearing date.
(d) The board shall provide victim notification in accordance with section 24-4.1-302.5, C.R.S., for all parole application hearings for which the inmate is eligible
for parole, as such eligibility is determined pursuant to the provisions of this section.
(e) As used in this subsection (3.7), eligible for parole means an inmate is
eligible to make application to the board for parole and includes an inmate's initial application as well as any subsequent application for parole review or reconsideration.
(4) The board has the following powers and duties:
(a) To meet as often as necessary every month to consider all applications
for parole. The board may parole any person who is sentenced or committed to a correctional facility when such person has served his or her minimum sentence, less time allowed for good behavior, and there is a strong and reasonable probability that the person will not thereafter violate the law and that release of such person from institutional custody is compatible with the welfare of society. If the board refuses an application for parole, the board shall reconsider the granting of parole to such person within one year thereafter, or earlier if the board so chooses, and shall continue to reconsider the granting of parole each year thereafter until such person is granted parole or until such person is discharged pursuant to law; except that, if the person applying for parole was convicted of any class 3 sexual offense described in part 4 of article 3 of title 18, C.R.S., a habitual criminal offense as defined in section 18-1.3-801 (2.5), C.R.S., or of any offense subject to the requirements of section 18-1.3-904, C.R.S., the board need only reconsider granting parole to such person once every three years, until the board grants such person parole or until such person is discharged pursuant to law, or if the person applying for parole was convicted of a class 1 or class 2 felony that constitutes a crime of violence, as defined in section 18-1.3-406, C.R.S., the board need only reconsider granting parole to such person once every five years, until the board grants such person parole or until such person is discharged pursuant to law.
(b) To conduct hearings on parole revocations as required by section 17-2-103. Such hearings shall be exempt from the requirements set forth in section 24-4-105, C.R.S. Judicial review of any revocation of parole shall be held pursuant to
section 18-1-410 (1)(h), C.R.S.
(c) To issue, pursuant to rules and regulations, an order of exigent
circumstances to place an offender under parole supervision immediately upon release from a correctional facility when the board is prevented from complying with publication and interview requirements due to the application of time served prior to confinement in a correctional facility and the operation of good time credits;
(d) To carry out the duties prescribed in article 11.5 of title 16, C.R.S.;
(e) To carry out the duties prescribed in article 11.7 of title 16, C.R.S.;
(f) (I) To conduct an initial or subsequent parole release review in lieu of a
hearing, without the presence of the inmate, if:
(A) The application for release is for special needs parole pursuant to section
17-22.5-403.5, and victim notification is not required pursuant to section 24-4.1-302.5;
(B) A detainer from the United States immigration and customs enforcement
agency has been filed with the department, the inmate meets the criteria for the presumption of parole in section 17-22.5-404.7, and victim notification is not required pursuant to section 24-4.1-302.5;
(C) The inmate has a statutory discharge date or mandatory release date
within six months after his or her next ordinarily scheduled parole hearing and victim notification is not required pursuant to section 24-4.1-302.5;
(D) The inmate is assessed to be a low or very low risk on the validated risk
assessment instrument developed pursuant to section 17-22.5-404 (2), the inmate meets readiness criteria established by the board, and victim notification is not required pursuant to section 24-4.1-302.5; or
(E) The inmate is subject to subsection (19) of this section.
(II) The board shall notify the inmate's case manager if the board decides to
conduct a parole release review without the presence of the inmate, and the case manager shall notify the inmate of the board's decision. The case manager may request that the board reconsider and conduct a hearing with the inmate present.
(4.5) The board may grant, deny, defer, suspend, revoke, or specify or modify
the conditions of any parole for any defendant committed to the department of corrections in a manner that is in the best interests of the defendant and the public.
(5) (a) As to any person sentenced for conviction of a felony committed prior
to July 1, 1979, or of a misdemeanor and as to any person sentenced for conviction of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., committed prior to July 1, 1996, or a class 1 felony and as to any person sentenced as a habitual criminal pursuant to section 18-1.3-801, C.R.S., for an offense committed prior to July 1, 2003, the board has the sole power to grant or refuse to grant parole and to fix the condition thereof and has full discretion to set the duration of the term of parole granted, but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court or five years, whichever is less; except that the five-year limitation shall not apply to parole granted pursuant to section 17-22.5-403.7 for a class 1 felony.
(a.3) (I) Any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1.5) or (2) for an offense committed on or after July 1, 2003, shall be subject
to the mandatory parole set forth in section 18-1.3-401 (1)(a)(V)(A), 18-1.3-401 (1)(a)(V)(A.1), or 18-1.3-401.5 for the class or level of felony of which the person is convicted.
(II) As to any person sentenced as a habitual criminal pursuant to section 18-1.3-801 (1) or (2.5), C.R.S., for an offense committed on or after July 1, 2003, upon
completion of forty calendar years of incarceration in the department of corrections, the parole board may schedule a hearing to determine whether the inmate may be released on parole. If the inmate is released on parole, the life sentence shall continue and shall not be deemed to be discharged until such time as the parole board may discharge the offender. The offender shall serve at least five years on parole prior to discharge. If the parole board revokes the parole, the offender shall be returned to the department of corrections to serve the remainder of the life sentence. The parole board need only reconsider granting parole to such inmate once every three years.
(a.5) Except as otherwise provided in paragraph (a.7) of this subsection (5),
as to any person sentenced for conviction of an offense involving unlawful sexual behavior or for which the factual basis involved an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S., committed on or after July 1, 1996, but prior to July 1, 2002, the board has the sole power to grant or refuse to grant parole and to fix the condition thereof and has full discretion to set the duration of the term of parole granted, but in no event shall the term of parole exceed the maximum sentence imposed upon the inmate by the court.
(a.6) As to any person who is sentenced for conviction of an offense
committed on or after July 1, 2002, involving unlawful sexual behavior, as defined in section 16-22-102 (9), or for conviction of an offense committed on or after July 1, 2002, the underlying factual basis of which involved unlawful sexual behavior, and who is not subject to the provisions of part 10 of article 1.3 of title 18, such person shall be subject to the mandatory period of parole set forth in section 18-1.3-401 (1)(a)(V)(A) or 18-1.3-401 (1)(a)(V)(A.1).
(a.7) As to any person sentenced for conviction of a sex offense pursuant to
the provisions of part 10 of article 1.3 of title 18, C.R.S., committed on or after November 1, 1998, the board shall grant parole or refuse to grant parole, fix the conditions thereof, and set the duration of the term of parole granted pursuant to the provisions of part 10 of article 1.3 of title 18, C.R.S.
(b) (I) Conditions imposed for parole may include, but are not limited to,
placing the offender on home detention as defined in section 18-1.3-106 (1.1).
(II) The board shall not revoke parole for lack of payment of parole
supervision fees.
(c) (I) As a condition of parole, the board shall order that the offender make
restitution to the victim or victims of his or her conduct if such restitution has been ordered by the court pursuant to article 18.5 of title 16. The order must require the offender to make restitution within the period of time that the offender is on parole as specified by the board. In the event that the defendant does not make full restitution by the date specified by the board, the restitution may be collected as provided for in article 18.5 of title 16.
(II) Except if the offender is subject to subsection (19) of this section, if the
offender fails to pay the restitution, he or she may be returned to the board and, upon proof of failure to pay, the board shall:
(A) (Deleted by amendment, L. 96, p. 1779, � 5, effective June 3, 1996.)
(B) Order that the offender continue on parole or extend the period of parole,
either subject to the same condition or modified conditions of parole; or
(C) Revoke the parole and request the sheriff of the county in which the
hearing is held to transport the parolee to a place of confinement designated by the executive director; or
(D) Revoke parole for a period not to exceed one hundred eighty days and
request the sheriff of the county in which the hearing is held to transport the parolee to a community corrections program pursuant to section 18-1.3-301 (3), C.R.S., a place of confinement within the department of corrections, or any private facility that is under contract with the department of corrections; or
(E) Revoke parole for a period not to exceed ninety days and request the
sheriff of the county in which the hearing is held to transport the parolee to the county jail of such county or to any private facility that is under contract with the department of corrections.
(III) (Deleted by amendment, L. 2000, p. 1043, � 4, effective September 1,
2000.)
(d) If, as a condition of parole pursuant to paragraph (b) of this subsection
(5), a parolee will be required to attend a postsecondary educational institution as a part of his parole plan, the board, before granting parole, shall first notify the postsecondary educational institution and the prosecuting attorney of the parolee's plan and request their comments thereon. The notice shall include all relevant information pertaining to the person and the crime for which he was convicted. The postsecondary educational institution and the prosecuting attorney shall reply to the board in writing within ten days of receipt of the notification or within such other reasonable time in excess of ten days as specified by the board. The postsecondary educational institution's reply shall include a statement of whether or not it will accept the parolee as a student. Acceptance by a state postsecondary educational institution shall be pursuant to section 23-5-106, C.R.S.
(e) As a condition of parole of every person convicted of the class 2 felony of
sexual assault in the first degree under section 18-3-402 (3), C.R.S., for an offense committed prior to November 1, 1998, the board shall require that the parolee participate in a program of mental health counseling or receive appropriate treatment to the extent that the board deems appropriate to effectuate the successful reintegration of the parolee into the community.
(f) (I) As a condition of every parole, the parolee shall sign a written
agreement that contains the parole conditions deemed appropriate by the board. The conditions must include, but are not limited to, the following:
(A) That the parolee shall go directly to a place designated by the board
upon his release from the institution to which he has been confined;
(B) That the parolee shall establish a residence of record and shall not
change it without giving prior notification to his or her community parole officer and that the parolee shall not leave the state without the permission of his or her community parole officer;
(C) That the parolee shall obey all state and federal laws and municipal
ordinances, conduct himself or herself as a law-abiding citizen, and obey and cooperate with his or her community parole officer;
(D) That the parolee shall permit residential visits by the community parole
officer and allow the community parole officer to make searches of the parolee's person, residence, or vehicle;
(D.5) That the parolee shall report as directed by the community parole
officer. Unless inconsistent with other conditions imposed by the division of adult parole in the department of corrections, the division of adult parole shall allow a parolee to meet with the community parole officer through a telephone call or audio-visual communication technology. Unless inconsistent with other conditions imposed by the division of adult parole, in directing the parolee to report to the community parole officer, the community parole officer shall schedule, in good faith, the meeting at mutually agreeable times with the parolee that do not conflict with the parolee's essential obligations, including work, education, job training, dependent care, medical appointments, and other parole requirements.
(E) That the parolee shall not own, possess, or have under his control or in his
custody any firearm or other deadly weapon;
(F) Repealed.
(G) That the parolee shall seek and obtain employment or shall participate in
a full-time educational or vocational program while on parole, unless such requirement is waived by his or her community parole officer;
(H) That the parolee shall not abuse alcoholic beverages or use illegal drugs
while on parole;
(I) That the parolee shall abide by any other condition the board may
determine to be necessary;
(J) That the parolee shall contact any delegate child support enforcement
unit with whom the parolee may have a child support case to arrange and fulfill a payment plan to pay current child support, child support arrearages, or child support debt due under a court or administrative order.
(II) The parole agreement shall also contain a notification to the parolee that,
should he violate any of the said conditions or should his behavior while on parole indicate the potentiality for criminality or violence, his parole may be subject to revocation.
(III) The provisions of this paragraph (f) shall apply to any person paroled on
or after July 1, 1987, and to any person whose parole conditions are modified by the board on or after said date.
(g) (I) As a condition of parole, the board shall require any offender convicted
of or who pled guilty or nolo contendere to an offense for which the factual basis involved a sexual offense as described in part 4 of article 3 of title 18, C.R.S., to submit to chemical testing of a biological substance sample from the offender to determine the genetic markers thereof and to chemical testing of his or her saliva to determine the secretor status thereof. Such testing shall occur prior to the offender's release from incarceration, and the results thereof shall be filed with and maintained by the Colorado bureau of investigation. The results of such tests shall be furnished to any law enforcement agency upon request.
(II) The provisions of this paragraph (g) shall apply to any person who is
paroled on or after May 29, 1988, and to any person whose parole conditions are modified by the board on or after said date.
(III) Any costs of implementing this paragraph (g) shall be derived solely
from appropriations made from moneys in the victims assistance and law enforcement fund created pursuant to section 24-33.5-506, C.R.S.
(h) Repealed.
(i) (Deleted by amendment, L. 2001, p. 955, � 3, effective July 1, 2001.)
(j) As a condition of parole, the board may order any person who is not
otherwise subject to the provisions of article 22 of title 16, C.R.S., and is convicted of an offense, the underlying factual basis of which is determined by the department of corrections to involve unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., to register as a sex offender for the period of the person's parole. Such registration shall be completed as provided in article 22 of title 16, C.R.S. Within five business days after completion of the period of parole and final discharge from the legal custody of the department of corrections, the department of corrections shall notify the Colorado bureau of investigation to remove the person's name from the Colorado sex offender registry.
(k) As a condition of every grant of parole, the board shall require the
offender to execute a written prior waiver of extradition stating that the offender consents to extradition to this state and waives all formal procedures incidental to extradition proceedings in the event that the offender is arrested in another state upon an allegation that the defendant has violated the terms of his or her parole, and acknowledging that the offender shall not be admitted to bail in any other state pending extradition to this state.
(5.3) Notwithstanding any law to the contrary, the possession or use of
natural medicine or natural medicine product, as authorized pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44, must not be considered an offense such that its possession or use constitutes a violation of conditions of parole.
(5.5) (a) As a condition of parole, the board may require every parolee at the
parolee's own expense to submit to random chemical testing of a biological substance sample from the parolee to determine the presence of drugs or alcohol.
(b) For purposes of this subsection (5.5), drug means:
(I) Any controlled substance as defined in section 18-18-102 (5), C.R.S.; and
(II) Any drug as defined in section 27-80-203 (13), C.R.S., if chemical
testing conducted pursuant to paragraph (a) of this subsection (5.5) reveals such drug is present at such a level as to be considered abusive pursuant to regulations established by the board in consultation with the department of human services.
(c) (I) If chemical testing is required as a condition of parole, the community
parole officer is responsible for acquiring at random a biological substance sample from a parolee.
(II) At the time the community parole officer acquires a biological substance
sample pursuant to subparagraph (I) of this paragraph (c), the community parole officer shall direct the parolee to pay the necessary fee for the testing of his or her biological substance sample directly to the private laboratory under contract with the department, the department of public safety, or a local governmental agency pursuant to subparagraph (IV) of this paragraph (c).
(III) The community parole officer shall submit the biological substance
sample to a private laboratory under contract with the department, the department of public safety, or a local governmental agency pursuant to subparagraph (IV) of this paragraph (c) for testing. The contracting laboratory shall return the results of the tests to the community parole officer within five working days after receipt of the sample. The results of the test shall be made available by the community parole officer to the parolee or the parolee's attorney on request.
(IV) The department and the department of public safety and local
governmental agencies for inmates paroled to community corrections facilities shall enter into one or more contracts with private laboratories for chemical testing under this subsection (5.5). Any private laboratory that contracts with the department, the department of public safety, or a local governmental agency shall use appropriate methods to ensure compliance with evidentiary rules and requirements. Any contract entered into pursuant to this subparagraph (IV) shall specify the fee to be charged the parolee for chemical biological substance sample testing.
(d) (I) If a chemical test administered pursuant to the requirements of this
subsection (5.5) reflects the presence of drugs or alcohol, the parolee may be required to participate at his own expense in an appropriate drug or alcohol program, community correctional nonresidential program, mental health program, or other fee-based or non-fee-based treatment program approved by the parole board.
(II) (A) Any subsequent chemical testing reflecting the presence of alcohol
may be grounds for arrest of the parolee and the initiation of revocation proceedings at the discretion of the community parole officer pursuant to section 17-2-103.
(B) A parolee may be arrested and a proceeding for revocation may be
initiated pursuant to the provisions of section 17-2-103 if any subsequent chemical test reflects the presence of drugs pursuant to subparagraph (I) of paragraph (b) of this subsection (5.5).
(C) A parolee may be arrested and proceedings for revocation may be
initiated pursuant to section 17-2-103 if any subsequent chemical test reveals the presence of drugs as defined in subparagraph (II) of paragraph (b) of this subsection (5.5) at a level considered to be abusive as established by the board pursuant to said section.
(e) Repealed.
(f) Section 16-3-309, C.R.S., pertaining to the admissibility of laboratory
tests shall apply to the admissibility of chemical tests required by this subsection (5.5) in parole revocation hearings conducted pursuant to section 17-2-103.
(g) This subsection (5.5) shall not apply to any parolee to whom article 11.5 of
title 16, C.R.S., applies.
(5.7) If, as a condition of parole, an offender is required to undergo
counseling or treatment, unless the parole board determines that treatment at another facility or with another person is warranted, the treatment or counseling must be at a facility or with a person:
(a) Approved by the behavioral health administration in the department of
human services if the treatment is for alcohol or drug abuse;
(b) Certified or approved by the sex offender management board,
established in section 16-11.7-103, C.R.S., if the offender is a sex offender;
(c) Certified or approved by a domestic violence treatment board,
established pursuant to part 8 of article 6 of title 18, C.R.S., if the offender was convicted of or the underlying factual basis of the offense included an act of domestic violence as defined in section 18-6-800.3, C.R.S.; or
(d) Licensed or certified by the division of adult parole in the department of
corrections, the department of regulatory agencies, the behavioral health administration in the department of human services, the state board of nursing, or the Colorado medical board, whichever is appropriate for the required treatment or counseling.
(5.8) Notwithstanding the provisions of subsection (5.7) of this section, if, as
a condition of parole, an offender who was convicted of or pled guilty to an offense involving unlawful sexual behavior, as defined in section 16-22-102 (9), C.R.S., is required to undergo counseling or treatment, such treatment or counseling shall be at a facility or with a person listed in subsection (5.7) of this section and the parole board may not determine treatment at another facility or with another person is warranted.
(5.9) As a condition of parole of each person convicted of a felony DUI
offense described in section 42-4-1301 (1)(a), (1)(b), or (2)(a), C.R.S., the board shall require the parolee to use an approved ignition interlock device for the entire period of the person's parole.
(6) The board has the authority at any time after the period of any parole is
fixed to shorten the period thereof or to lengthen said period within the limits specified in subsection (5) of this section; except that the provisions of this subsection (6) shall not apply to any person sentenced as a sex offender pursuant to part 10 of article 1.3 of title 18, C.R.S.
(7) The board has exclusive power to conduct all proceedings involving an
application for revocation of parole.
(8) The board has the power, in the performance of official duties, to issue
warrants and subpoenas, to compel the attendance of witnesses and the production of books, papers, and other documents pertinent to the subject of its inquiry, and to administer oaths and take the testimony of persons under oath. The issuance of a warrant tolls the expiration of a parolee's parole.
(9) (a) (I) Except as otherwise provided in subparagraph (I) of paragraph (f) of
subsection (4) of this section, whenever an inmate initially applies for parole, the board shall conduct an interview with the inmate. At such interview at least one member of the board shall be present. Any final action on an application shall not be required to be made in the presence of the inmate or parolee, and any such action shall require the concurrence of at least two members of the board. When the two members do not concur, a third member shall review the record and, if deemed necessary, interview the applicant and cast the deciding vote. Any subsequent application for parole shall be considered by the board in accordance with the provisions of paragraph (a) of subsection (4) of this section.
(II) The provisions of subparagraph (I) of this paragraph (a) shall also apply to
all interviews of inmates who apply for parole pursuant to section 17-22.5-303, who were sentenced for an offense committed on or after July 1, 1979.
(b) When a recommendation has been made before the board for revocation
or modification of a parole, the final disposition of such application shall be reduced to writing. The parolee shall be advised by the board of the final decision at the conclusion of the hearing or within a period not to exceed five working days following said hearing; however, a parolee may waive the five-day notice requirement. A copy of the final order of the board shall be delivered to the parolee within ten working days after the completion of the hearing.
(c) If the parolee decides to appeal the decision to revoke his parole, such
appeal shall be filed within thirty days of such decision. The parolee shall remain in custody pending the appeal. Two members of the board, excluding the one who conducted the revocation proceeding, shall review the record within fifteen working days after the filing of the appeal. They shall notify the parolee of their decision in writing within ten working days after such decision has been made.
(d) The district attorney or the attorney general may appeal the decision of a
member of the board to two members of the board, excluding the member who conducted the parole revocation proceeding.
(10) The board shall interview all parole applicants at the institution or in the
community in which the inmate is physically held or through teleconferencing as provided in subsection (3)(d)(II) of this section. The site location of an interview must not be changed within the thirty days preceding the interview date without the approval of the board. Any inmate of an adult correctional institution who has been transferred by executive order or by civil certification or ordered by a court of law to the Colorado mental health institute at Pueblo may be heard at the Colorado mental health institute at Pueblo upon an application for parole.
(11) Repealed.
(12) All votes of the board at any hearing or appeal held pursuant to this
section shall be recorded by member and shall be a public record open to inspection and shall be subject to the provisions of part 3 of article 72 of title 24, C.R.S.
(13) (a) The board may appoint or contract with an attorney to represent a
parolee at a parole revocation hearing only if:
(I) The parolee denies that he violated the condition or conditions of his
parole, as set forth in the complaint;
(II) The parolee is incapable of speaking effectively for himself;
(III) The parolee establishes to the satisfaction of the board that he is
indigent; and
(IV) The board, after reviewing the complaint, makes specific findings in
writing that the issues to be resolved are complex and that the parolee requires the assistance of counsel.
(b) Repealed.
(14) The board shall consider the parole of a person whose parole is revoked
either for a technical violation or based on a self-revocation at least once within one hundred eighty days after the revocation if the person's release date is more than nine months from the date of the person's revocation; except that a person whose parole is revoked based on a technical violation that involved the use of a weapon shall not be considered for parole for one year.
(15) Each correctional facility and private contract prison shall make
available to the board hearing room space and video teleconferencing technology that are acceptable to the board for the purpose of conducting parole hearings within the administrative area of or another location within the facility acceptable to the board.
(16) The board shall submit to the department of corrections staff involved
with making community corrections transition placement referrals the name and register number of each inmate the board is recommending for community corrections transition placement. The department of corrections staff involved with making community corrections transition placement referrals shall inform the board when the referral has been made or the reason why it was not submitted.
(17) If an offender completes a community corrections program, the board
shall schedule a parole release hearing within sixty days after the offender's completion of the program. If the decision is to deny parole, a majority of the full board is required to deny parole pursuant to this subsection (17).
(18) (a) The parole board shall conduct a file review for each inmate who is
listed on the notifications provided to the board pursuant to section 17-1-119.7 (2)(a)(II) or (2)(a)(III) within ten days after receiving the notification. The parole board must evaluate the inmate's institutional behavior, program progress, and appropriateness for release.
(b) If the parole board grants parole to an inmate on the notification list
pursuant to section 17-1-119.7 (2)(a)(II), it may set the release date up to thirty days prior to the inmate's mandatory release date but not sooner than fifteen days after the file review. The department shall notify the inmate's parole sponsor to verify his or her willingness and ability to sponsor the inmate on the amended release date.
(c) If the parole board grants parole to an inmate on the notification list
pursuant to section 17-1-119.7 (2)(a)(III), it may set the release date no sooner than fifteen days after the file review. The department shall notify the inmate's parole sponsor to verify his or her willingness and ability to sponsor the inmate on the amended release date.
(19) (a) Except as provided in subsection (19)(b) of this section, if a person has
an approved parole plan, has been assessed to be low or very low risk on the validated risk assessment scale developed pursuant to section 17-22.5-404 (2), and the parole release guidelines recommend release, the parole board may deny parole only by a majority vote of the full parole board.
(b) An inmate is not eligible for release pursuant to subsection (19)(a) of this
section if he or she has had a class I code of penal discipline violation within the previous twelve months from the date of consideration by the parole board or since incarceration, whichever is shorter; has been terminated for lack of progress or has declined in writing to participate in programs that have been recommended and made available to the inmate within the previous twelve months or since incarceration, whichever is shorter; has been regressed from community corrections or revoked from parole within the previous one hundred eighty days; is required to be considered by the full board for release; or has a pending felony charge, detainer, or an extraditable warrant.
(c) If the parole board denies parole to an inmate pursuant to subsection
(19)(a) of this section, the board shall submit to the department the basis for the denial in writing.
(20) The parole board or an individual member of the parole board shall not
deny parole solely because the inmate does not have a recommended parole plan. If the parole board considers an inmate appropriate for release except for the lack of a recommended parole plan, the parole board shall delay the release hearing decision or render a conditional release decision and request that the department submit a recommended parole plan or any other information requested by the parole board within thirty calendar days.
(21) (a) Notwithstanding any other provision of law to the contrary, the parole
board shall conduct a parole hearing or the board may review the application and issue a decision without a hearing, pursuant to section 17-2-201 (4)(f), within ninety days after July 6, 2021, if a person currently incarcerated has a controlling sentence for a crime enumerated in subsection (21)(b) of this section.
(b) Eligible offenses are escape, as described in section 18-8-208, or attempt
to escape, as described in section 18-8-208.1, in effect prior to March 6, 2020, if the underlying factual basis satisfies the elements of the crime of unauthorized absence or attempted unauthorized absence, as described in section 18-8-208.2 (2)(a) or (2)(b).
(c) An inmate is not eligible for expedited parole consideration under this
subsection (21) if:
(I) The inmate is not currently at or past his or her parole eligibility date; or
(II) The inmate is ineligible for release to parole pursuant to subsection
(3.7)(a) of this section.
(d) The department shall provide victim notification as required by section
24-4.1-303 (14)(d).
Source: L. 77: Entire title R&RE, p. 911, � 10, effective August 1. L. 79: (3)(a),
(3)(b), (6), and (7) amended, (3)(c) repealed, pp. 688, 705, �� 27, 88, effective July 1; (3)(f) added and (5)(a) amended, p. 666, �� 11, 12, effective July 1. L. 81: (5)(b) amended and (5)(c) added, p. 942, � 2, effective July 1. L. 84: (5)(d) added, p. 497, � 2, effective April 5; (3)(g) added and (5)(c)(II)(B) amended, p. 511, �� 2, 1, effective April 13; (5)(c)(II)(B) amended, p. 524, � 4, effective July 1. L. 85: (3) and (4) R&RE, p. 639, � 4, effective June 6; (1), (2), (7), (8), (9), and (11) amended, pp. 637, 638, �� 2, 3, effective July 1; (5)(c)(I) and (5)(c)(III) amended, p. 628, � 2, effective July 1; (5)(e) added, p. 667, � 4, effective July 1; (12) added, p. 643, � 2, effective July 1. L. 87: (3)(c), (7), (8), and (9)(b) amended, p. 954, � 56, effective March 13; (1)(b) amended, p. 906, � 11, effective June 15; (1) and (9)(c) amended and (5)(f) and (13) added, pp. 651, 653, �� 7, 8, effective July 1; (5.5) added, p. 660, � 1, effective July 1. L. 88: (5)(g) added, p. 701, � 1, effective May 29; (5)(b) amended, p. 709, � 5, effective July 1. L. 90: (1)(a) and (1)(b) amended and (1)(c) and (1)(d) added, p. 959, � 1, effective June 7. L. 91: (10) amended, p. 1142, � 5, effective May 18; (4)(d) and (5.5)(g) added, p. 442, �� 6, 7, effective May 29. L. 92: (1)(a) amended, p. 2172, � 22, effective June 2; (4)(e) added, p. 461, � 5, effective June 2; (5)(f)(I)(H) and (5)(f)(I)(I) amended and (5)(f)(I)(J) added, p. 211, � 14, effective August 1. L. 94: (1)(b), (3)(c), (4)(a), (7), (8), (9)(a)(I), and (9)(b) amended, pp. 2595, 2596, 2598, �� 3, 4, 5, 8, effective June 3; (5.5)(b)(II) and (5.5)(c) amended, p. 2732, � 355, effective July 1. L. 95: (3)(c) and (9)(b) amended, p. 1272, � 5, effective June 5; (5.5)(c) amended, p. 465, � 9, effective July 1. L. 96: (5)(c) amended, p. 1779, � 5, effective June 3; (5)(a) amended and (5)(a.5) added, p. 1584, � 6, effective July 1. L. 97: (5)(c)(I) amended, p. 1566, � 14, effective July 1. L. 98: (13)(b) repealed, p. 727, � 9, effective May 18; (5)(a.7) added and (5)(e) and (6) amended, p. 1291, �� 10, 11, effective November 1. L. 99: (5)(h) and (5)(i) added, p. 1168, � 2, effective July 1. L. 2000: (11) repealed, p. 842, � 28, effective May 24; (3)(d) added, p. 1056, � 1, effective May 26; (5.7) added, p. 236, � 7, effective July 1; (5)(c) amended, p. 1043, � 4, effective September 1; (3)(a) amended, p. 1496, � 3, effective July 1, 2001. L. 2001: (3)(c.5) added, p. 502, � 3, effective May 16; (5.8) added, p. 658, � 7, effective May 30; (5)(g), (5)(h), and (5)(i) amended, p. 955, � 3, effective July 1. L. 2002: (5)(a.5) amended and (5)(a.6) added, p. 125, � 2, effective March 26; (5.7)(a) amended, p. 666, � 11, effective May 28; (5)(g)(I) and (5.8) amended, p. 1017, � 22, effective June 1; (5)(a), (5)(a.5), (5)(a.6), and (5.8) amended and (5)(j) added, pp. 1185, 1192, 1181, �� 19, 40, 5, effective July 1; (5)(g)(I) and (5)(h)(I) amended, p. 1152, � 8, effective July 1; (4)(a), (5)(a), (5)(a.6), (5)(a.7), (5)(b), (5)(c)(II)(D), and (6) amended, pp. 1500, 1566, �� 159, 388, effective October 1. L. 2003: (5)(g)(I) amended, p. 1433, � 25, effective April 29 and (5)(a) amended and (5)(a.3) added, p. 1436, � 33, effective July 1; (4)(a) amended, p. 813, � 3, effective July 1; (14) added, p. 2676, � 3, effective July 1. L. 2004: (1)(a), (1)(b), and (1)(c) amended, p. 437, � 1, effective April 13; (10) amended and (15) added, p. 587, � 1, effective April 21. L. 2006: (5)(a) amended, p. 1054, � 7, effective May 25; (5)(k) added, p. 342, � 5, effective July 1; (5)(h)(IV) added by revision, pp. 1689, 1693, �� 6, 17. L. 2008: IP(5.5)(a), (5.5)(c), and (5.5)(e) amended, p. 461, � 1, effective April 14; (5)(f)(I)(B), (5)(f)(I)(C), (5)(f)(I)(D), (5)(f)(I)(F), (5)(f)(I)(G), (5.5)(c)(I), (5.5)(c)(II), (5.5)(c)(III), and (5.5)(d)(II)(A) amended, p. 657, � 6, effective April 25; (5.5)(c)(II) amended, p. 1888, � 49, effective August 5. L. 2010: (5.7)(a) amended, (SB 10-175), ch. 188, p. 784, � 24, effective April 29; (3.5) added, (HB 10-1374), ch. 261, p. 1187, � 9, effective May 25; (5.7)(d) amended, (HB 10-1260), ch. 403, p. 1986, � 75, effective July 1; (9)(a)(I) amended, (HB 10-1422), ch. 419, p. 2073, � 30, effective August 11. L. 2011: (1)(a), (3)(c), and (3)(c.5) amended and (1)(e), (3)(e), (3)(f), (3)(g), (3)(h), (3)(h.1), and (4)(f) added, (SB 11-241), ch. 200, pp. 832, 833, 834, �� 2, 3, 4, effective May 23; (3.5) amended, (HB 11-1064), ch. 234, p. 1010, � 2, effective May 27; (5.7)(d) amended, (HB 11-1303), ch. 264, p. 1156, � 29, effective August 10. L. 2012: (3)(h.1)(I)
C.R.S. § 17-24-121
17-24-121. Venture agreements. (1) The department of corrections, working through the division, is authorized to enter into agreements with private persons for the utilization of inmate labor in the manufacture, processing, or assembly of components, finished goods, services, or product lines within facilities owned or leased by the department. Such agreements shall be subject to the prior review of the attorney general and the correctional industries advisory committee.
(2) The department is authorized to enter into agreements subject to state
fiscal rules and the prior review of the attorney general which allow for shared financing by the division and the private contractor for the facility, equipment, raw materials, and operation of industries developed pursuant to the provisions of this section.
(3) Inmates producing goods and services under the terms of an agreement
authorized by this section shall be paid on a scale to be determined by the executive director of the department in the best interests of the division.
(4) The division is authorized to market goods and services produced under a
venture agreement to any office, department, institution, or agency supported in whole or in part by the state or any political subdivision thereof or to any other state, the federal government, any nonprofit organization, any private sector retailer, or the general public.
(5) The wages of an inmate working under an agreement entered into
pursuant to this section with a private person shall be distributed under guidelines established by the executive director in order to offset the cost of imprisonment and incidental expenses, pay court-ordered restitution, make voluntary payments to the victims assistance and law enforcement fund established in section 24-33.5-506, C.R.S., pay the pro rata share of child support cost as established by the department of human services, and establish a savings account to assist the inmate upon release and to offset state costs at the time of release.
Source: L. 87: Entire section added, p. 664, � 4, effective July 1. L. 94: (5)
amended, p. 1813, � 6, effective June 1. L. 95: Entire section RC&RE, p. 875, � 9, effective May 24. L. 96: (5) amended, p. 1149, � 10, effective June 1.
Editor's note: Prior to this section being recreated and reenacted in 1995,
former subsection (6) provided for the repeal of this section, effective June 30, 1994. (See L. 87, p. 664.)
C.R.S. § 17-24-122
17-24-122. Agreements for the employment of inmates by private entities. (1) The division, in collaboration with the department, is authorized to enter into agreements with private persons or entities to provide employment opportunities for inmates through external programs. Such agreements are subject to the prior review of the attorney general and the correctional industries advisory committee.
(2) The division, in collaboration with the department, is authorized to enter
into agreements subject to state fiscal rules and the prior review of the attorney general that allow for private party financing for equipment, raw materials, training of workers, and operation of industries developed pursuant to the provisions of this section. In any such agreement, the department may provide for the recovery of the costs of providing facilities for the private contractor by requiring the payment of rent for such facilities.
(3) Agreements entered into pursuant to this section must provide that any
inmate assigned pursuant to section 17-24-114 (1) to an external program for a private person or entity that made such agreement pursuant to subsection (1) of this section is an employee of the private person or entity and, notwithstanding section 17-24-114 (2), the private person or entity shall pay at least the state minimum wage for the labor performed. Such wages must be paid to the department and shall be held in an account for the inmate. Section 8-40-301 (3) applies to any inmate employed by a private person or entity pursuant to this section.
(4) Repealed.
(5) Out of the inmate's wages, the department shall deduct periodically for
the following purposes and in the following order of priority:
(a) Restitution for the victim of the crime committed by the inmate for
expenses actually and reasonably incurred as a result of the injury to the person or property of the victim, including medical expenses, loss of earning power, and any other pecuniary loss directly resulting from the injury to the person or property or the death of the victim, which a court of competent jurisdiction determines or has determined to be reasonable and proper;
(a.5) Voluntary payment of such amounts to the victims assistance and law
enforcement fund established in section 24-33.5-506, as is deemed appropriate by the executive director of the department;
(b) Payment of such amounts for the support of the inmate's dependents as
is deemed appropriate by the executive director of the department, taking into account any court orders for such support; and
(c) Payment of personal expenses of the inmate as deemed appropriate by
the executive director.
(6) Any amounts of money that remain in the inmate's account after the
deductions made pursuant to this section must be paid to the inmate upon parole or discharge from custody. If an inmate dies prior to discharge from custody and the body goes unclaimed for more than five days, the amount remaining in the inmate's account may be used to defray any costs incurred by the state of Colorado in connection with the burial of the inmate, and any amount remaining after burial costs have been paid or the body has been claimed must be paid to the inmate's estate.
(7) Any agreement entered into pursuant to this section shall provide that
appropriate security measures for a state correctional facility shall not be jeopardized due to any operations which result from such agreement.
(8) Repealed.
Source: L. 93: Entire section added, p. 2127, � 1, effective September 1. L. 95:
(1) amended, p. 1097, � 17, effective May 31. L. 96: (5)(a.5) added, p. 1150, � 11, effective June 1. L. 2022: (1), (2), (3), (5), and (6) amended and (4) and (8) repealed, (SB 22-050), ch. 51, p. 244, � 10, effective March 30.
C.R.S. § 17-26-104.3
17-26-104.3. Menstrual hygiene products for a person in custody - definitions. (1) A facility, as defined in subsection (2) of this section, whether operated by a governmental entity or a private contractor, shall provide whichever menstrual hygiene products are requested by a person in custody to the person in custody at no expense to the person in custody. The facility shall not impose any condition or restriction on a person in custody's access to menstrual hygiene products.
(2) As used in this section, unless the context otherwise requires:
(a) Facility means:
(I) A local jail, as defined in section 17-1-102 (7);
(II) A multijurisdictional jail, as described in section 17-26.5-101; and
(III) A municipal jail, as authorized in section 31-15-401 (1)(j).
(b) Menstrual hygiene products means tampons, menstrual pads, sanitary
napkins, and pantiliners.
Source: L. 2019: Entire section added, (HB 19-1224), ch. 131, p. 589, � 4,
effective April 25.
Cross references: For the legislative declaration in HB 19-1224, see section 1
of chapter 131, Session Laws of Colorado 2019.
C.R.S. § 17-26-104.4
17-26-104.4. Incarceration of a person with the capacity for pregnancy - report - definition. (1) A facility incarcerating a person who is capable of pregnancy, whether operated by a governmental entity or a private contractor, shall:
(a) Train the facility's staff to ensure that a pregnant person receives safe
and respectful treatment;
(b) Develop administrative policies to ensure a trauma-informed standard of
care is integrated with current practices to promote the health and safety of a pregnant person;
(c) Provide each pregnant person, during the person's pregnancy and
through the person's postpartum period, with access to:
(I) Perinatal health-care providers with perinatal experience; and
(II) Healthy foods and information on nutrition, recommended activity levels,
safety measures, and supplies, including menstrual products as required in section 17-26-104.3, and breast pumps approved by the sheriff or the sheriff's designee;
(d) Provide treatment for pregnant people who have suffered from:
(I) A diagnosed behavioral, mental health, or substance use disorder;
(II) Human immunodeficiency virus; or
(III) Chronic conditions;
(e) Provide educational information materials for pregnant people who have
suffered from:
(I) Trauma or violence, including domestic violence;
(II) Sexual abuse; or
(III) Pregnancy loss or infant loss;
(f) Provide evidence-based pregnancy and childbirth education, parenting
support, and other relevant forms of health literacy;
(g) Develop administrative policies to identify and offer opportunities for
postpartum persons to maintain contact with the person's newborn child to promote bonding, including enhanced visitation policies, access to prison nursery programs, and breastfeeding support, when appropriate;
(g.5) Develop administrative policies, including a system for human milk
storage, to ensure a newborn can receive the human milk that the newborn's postpartum parent has pumped for the newborn's nourishment;
(h) In accordance with the requirements of the federal Health Insurance
Portability and Accountability Act of 1996, as amended, Pub.L. 104-191, transfer health records to community providers if a pregnant person exits the criminal justice system during the person's pregnancy or during the person's postpartum period;
(i) Connect a person exiting the criminal justice system during the person's
pregnancy or postpartum period to community-based resources, such as referrals to health-care providers, substance use disorder treatment, and social services that address social determinants of maternal health;
(j) Establish partnerships with local public entities, private community
entities, community-based organizations, Indian tribes and tribal organizations as defined in the federal Indian Self-Determination and Education Assistance Act, 25 U.S.C. sec. 5304, as amended, or urban Indian organizations as defined in the federal Indian Health Care Improvement Act, 25 U.S.C. sec. 1603, as amended; and
(k) By February 15, 2022, and by February 15 each year thereafter, report to
the judiciary committees of the senate and house of representatives, or their successor committees, on the number of births by pregnant people who are in the custody of the facility, including the location of the births, that occurred in the prior calendar year.
(2) As used in this section, unless the context otherwise requires, facility
means:
(a) A local jail, as defined in section 17-1-102 (7);
(b) A multijurisdictional jail, as described in section 17-26.5-101; or
(c) A municipal jail, as authorized in section 31-15-401 (1)(j).
Source: L. 2021: Entire section added, (SB 21-193), ch. 433, p. 2861, � 5,
effective September 7. L. 2024: (1)(g.5) added, (HB 24-1459), ch. 426, p. 2916, � 4, effective June 5.
C.R.S. § 17-26-104.9
17-26-104.9. Opioid treatment for a person in custody - definitions.
(1) Repealed.
(1.5) By July 1, 2023, a facility, whether operated by a governmental entity or
private contractor, shall provide medication-assisted treatment, and other appropriate withdrawal management care to a person with a substance use disorder through the duration of the person's incarceration, as medically necessary. At a minimum:
(a) The facility shall perform a nonmedical evaluation, consistent with
guidelines developed by the behavioral health administration, of the person upon entry into custody at the facility for recent substance use.
(b) The facility shall offer medication approved by the federal food and drug
administration that is approved to treat opiate use disorder, which must include agonists, partial agonists, and antagonists, to a person in custody with an opiate use disorder. The person, in collaboration with the treating provider, must be given a choice concerning what medication is prescribed, and the facility must provide the medication requested. A person may request to change their medication at any time while in custody.
(c) If the person indicates that the person has a substance use disorder, or
the nonmedical evaluation performed pursuant to subsection (1.5)(a) indicates that the person may have recently used a substance, the facility shall refer the person to the facility's medical provider for an evaluation and subsequent diagnosis, prescription, or induction of medication-assisted treatment.
(d) If the person indicates that the person was taking medication that is
approved by the federal food and drug administration prior to entry into custody at the facility to treat a substance use disorder, the facility shall provide the same medication to the person while the person is in custody.
(2) Qualified medication administration personnel may, in accordance with a
written physician's order, administer opioid agonists and opioid antagonists pursuant to subsection (1) and (1.5) of this section.
(3) A facility may contract with community-based health providers, local
providers, or state mobile medication-assisted treatment unit providers for the implementation of this section.
(4) As used in this section, unless the context otherwise requires:
(a) Facility means:
(I) A local jail, as defined in section 17-1-102 (7);
(II) A multijurisdictional jail, as described in section 17-26.5-101; and
(III) A municipal jail, as authorized in section 31-15-401 (1)(j).
(b) Opioid agonist means a full or partial agonist that is approved by the
federal food and drug administration for the treatment of an opioid use disorder.
(c) Opioid antagonist means naltrexone or any similarly acting drug that is
not a controlled substance and that is approved by the federal food and drug administration for the treatment of an opioid use disorder.
(5) Counties are encouraged to use county funding available from a
settlement or damage award from opiate-related litigation to support jails in complying with the requirements of this section.
Source: L. 2020: Entire section added, (HB 20-1017), ch. 288, p. 1423, � 2,
effective September 14. L. 2022: (1), (2), and (3) amended and (1.5) and (5) added, (HB 22-1326), ch. 225, p. 1667, � 45, effective July 1.
Editor's note: (1) Subsection (5) was numbered as (4) in HB 22-1326 but was
renumbered on revision for ease of location.
(2) Subsection (1)(b) provided for the repeal of subsection (1), effective July 1,
-
(See L. 2022, p. 1667.)
Cross references: For the legislative declaration in HB 22-1326 stating the purpose of, and the provision directing legislative staff agencies to conduct, a post-enactment review pursuant to � 2-2-1201 scheduled in 2025, see sections 1 and 55 of chapter 225, Session Laws of Colorado 2022. To obtain a copy of the review, once completed, go to Legislative Resources and Requirements on the Colorado General Assembly's website.
C.R.S. § 17-26-304
17-26-304. Screening in jails. (1) A local jail shall use an adequate screening tool to complete a health screening of each individual upon arrival at the facility by health-trained or qualified health-care personnel as part of the admission procedures. If a local jail is unable to perform a health screening on an individual due to intoxication or another reason that makes the person temporarily incapacitated, the jail shall document the reason for the delay in the health screening and shall complete the health screening no later than twenty-four hours after an individual's arrival at the facility. A local jail is not required to complete a health screening if prohibited by a court order. The screening includes at least the following:
(a) Inquiry into:
(I) Current and past illnesses, health conditions, or special health
requirements;
(II) History of suicidal ideation or self-injurious behavior attempts; past or
current serious mental illness, including hospitalizations; and history of special education;
(III) All legal and illegal drug use, including any current withdrawal
symptoms;
(IV) Current or recent pregnancy;
(V) Serious neurocognitive issues such as past traumatic brain injuries or
dementia; and
(VI) Present or past prescribed medications; and
(b) Observation of:
(I) General appearance and behavior, including state of consciousness,
mental status, appearance, and conduct;
(II) Physical condition, including ease of movement;
(III) Evidence of abuse or trauma and the condition of the individual's skin,
including bruises and lesions; and
(IV) Behavior, tremors, and sweating.
(2) An individual must not be placed in restrictive housing until the health
screening required by subsection (1) of this section is complete and has been documented.
(3) If local jail personnel who are health-trained perform the screening, the
personnel shall call a medical or mental health professional if indications of a positive screen are identified during the screening.
Source: L. 2021: Entire part added, (HB 21-1211), ch. 322, p. 1980, � 1, effective
July 1, 2023.
Editor's note: The effective date of this part 3 as added by HB 21-1211 was
changed from July 1, 2022, to July 1, 2023, by HB 22-1063. (See L. 2022, ch. 395, p. 2813.)
ARTICLE 26.5
Multijurisdictional Jails
17-26.5-101. Multijurisdictional jails - authorized. The general assembly
hereby authorizes any county, city and county, city, or the department of corrections of the state of Colorado to enter into a contract or contracts with each other in accordance with part 2 of article 1 of title 29, C.R.S., to design, locate, construct, and operate a multijurisdictional jail for the incarceration of county, city and county, city, or state prisoners. In the alternative, the described governmental entities may enter into the necessary contracts with a private contractor for the provision and operation of such jail.
Source: L. 90: Entire article added, p. 940, � 4, effective July 1.
17-26.5-102. Contracts for multijurisdictional jails - requirements. (1) Any
contract or contracts for the creation of a multijurisdictional jail as described in section 17-26.5-101 shall contain the following requirements:
(a) An agreement regarding involvement by each of the governmental
entities in the predesign planning, design, location, and construction of such a jail facility or involvement in any agreement to obtain a private contractor to provide a jail facility and the operation thereof;
(b) An agreement regarding involvement by each of the governmental
entities in construction management and oversight for such a jail facility;
(c) An agreement regarding involvement by each of the governmental
entities in financing the construction of such a jail facility;
(d) An agreement regarding involvement by each of the governmental
entities in financing and providing for staffing and operation of such jail facility, which may provide for staffing and operation solely by any county, city and county, or city with financial assistance from the state department of corrections or any other governmental entity involved, or staffing and operation through a joint staffing and operation agreement between any county, city and county, or city and the state department of corrections, if the department is involved in the multijurisdictional jail facility;
(e) An agreement regarding involvement by each of the governmental
entities in financing and providing for programs for such jail facility;
(f) An agreement regarding utilization of such jail facility by each of the
governmental entities involved in the multijurisdictional jail facility. However, if the state department of corrections is involved in the facility, such agreement shall provide that a proportionate number of beds in the facility, equal to the proportionate percentage of the financing of the construction and operation of the facility which was provided by the state department of corrections bears to the entire cost of the construction and operation of the facility, shall be reserved for utilization by the state department of corrections if such beds are needed by the department. Any such beds so reserved shall be counted by the department as available beds when determining the number of beds available in the state correctional system.
Source: L. 90: Entire article added, p. 941, � 4, effective July 1.
Programs
ARTICLE 27
Community Corrections Programs
Editor's note: This title was repealed and reenacted in 1977, and this article
was subsequently repealed and reenacted in 1993, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers prior to 1993 are shown in editor's notes following those sections that were relocated.
Cross references: For authority of the department of public safety to expand
the use of community correctional facilities and programs, see section 12 of chapter 120, Session Laws of Colorado 1990.
Law reviews: For article, Felony Sentencing in Colorado, see 18 Colo. Law.
1689 (1989).
C.R.S. § 17-27-108
17-27-108. Division of criminal justice in the department of public safety - duties - community corrections contracts - audit. (1) The division of criminal justice of the department of public safety is authorized to administer and execute all contracts with units of local government, community corrections boards, or nongovernmental agencies for the provision of community corrections programs and services.
(2) (a) The division of criminal justice is authorized to establish standards for
community corrections programs operated by units of local government or nongovernmental agencies. Such standards shall prescribe minimum levels of offender supervision and services, health and safety conditions of facilities, and other measures to ensure quality services. The standards shall be promulgated or revised after consultation with representatives of referring agencies, community corrections boards, and administrators of community corrections programs.
(b) (I) The division of criminal justice shall audit community corrections
programs to determine levels of compliance with standards promulgated pursuant to paragraph (a) of this subsection (2). Such audits shall include an evaluation of compliance with the reporting requirements pursuant to section 17-27-104 (11).
(II) (A) Before July 1, 2003, such audits shall occur at least once in each
three-year period, unless waived by the executive director of the department of public safety.
(B) On and after July 1, 2003, the division of criminal justice shall implement
a schedule for auditing community corrections programs that is based on risk factors such that community corrections programs with low risk factors shall be audited less frequently than community corrections programs with higher risk factors. In no event shall such audits occur less frequently than at least once in each five-year period. Prior to July 1, 2003, the division of criminal justice shall create classifications of community corrections programs that are based on risk factors as those factors are established by standards of the division of criminal justice.
(III) Written reports of such audits shall be provided to the administrator of
the program which is audited, the local community corrections board, and referring agencies. Such written reports shall include findings of noncompliance with contractual obligations, including the standards promulgated pursuant to paragraph (a) of this subsection (2), and shall identify those material findings that, if not corrected within a reasonable time, will result in a recommendation to terminate the contract to operate the program. As used in this subparagraph (III), material findings includes those findings related to:
(A) Public safety, including but not limited to offender monitoring and
rehabilitation;
(B) Health and life safety pertaining to but not limited to staff and offenders;
(C) Efficiency and effectiveness of programs' internal control systems;
(D) Statutory compliance; and
(E) Fiduciary duties and responsibilities.
(c) (I) No later than January 1, 2024, and every five years thereafter, the
division of criminal justice shall, subject to available appropriations, contract with an independent third-party contractor to analyze all financial records of each community corrections program. The community corrections programs shall comply with all requests associated with this audit and share financial records with the contractor. The independent third-party contractor shall work directly with each community corrections program to gather financial information. The audit must analyze, but is not limited to, the following:
(A) Total revenue;
(B) All sources of revenue, including, but not limited to, general fund dollars,
state or federal grant funds, medicaid reimbursements, local government funds, and private and public loans;
(C) Total expenditures;
(D) Amount of expenditures by expenditure type, including, but not limited
to, wages and salaries, benefits, operating expenses, and capital improvements; and
(E) Cost per day per community corrections offender for services that qualify
for reimbursement from appropriations from the general fund to the division of criminal justice.
(II) The independent third-party contractor completing the audit shall report
its findings to the joint budget committee of the house of representatives and senate and the division of criminal justice, no later than July 1, 2025, and no later than July 1 every five years thereafter. Notwithstanding section 24-1-136 (11)(a)(I), the report required by this subsection (2)(c)(II) continues indefinitely.
(3) The division of criminal justice shall allocate appropriations for
community corrections to local community corrections boards and community corrections programs in a manner which considers the distribution of offender populations and supports program availability proportionate to such distribution and projected need.
(4) Prior to April 1, 2003, and on and after July 1, 2006, the division of criminal
justice may authorize up to five percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. On and after April 1, 2003, through June 30, 2006, the division of criminal justice may authorize up to four percent of community corrections appropriations to be spent by units of local government and community corrections boards in support of administrative costs incurred pursuant to this article. Such moneys for administrative costs may be applied to support functions authorized in section 17-27-103, to supplement administrative expenses of community corrections programs which have contracted with or are under the jurisdiction of a unit of local government, or to support other direct or indirect costs of involvement in community corrections.
(5) Repealed.
(6) The division of criminal justice shall provide technical assistance to
community corrections boards, community corrections programs, and referring agencies.
(7) Repealed.
Source: L. 93: Entire article R&RE, p. 717, � 1, effective July 1. L. 95: (2)
amended, p. 81, � 4, effective March 23. L. 2002: (2)(b)(II) amended, p. 103, � 1, effective March 26. L. 2003: (4) amended, p. 429, � 1, effective April 1. L. 2017: (7) added, (SB 17-021), ch. 305, p. 1660, � 3, effective June 2. L. 2018: (7) amended, (SB 18-016), ch. 334, p. 2008, � 1, effective May 30. L. 2020: (7)(a) repealed, (HB 20-1262), ch. 60, p. 202, � 1, effective March 20. L. 2023: (2)(c) added, (SB 23-242), ch. 83, p. 292, � 1, effective August 7. L. 2025: (5) repealed, (SB 25-291), ch. 379, p. 2112, � 1, effective July 1.
Editor's note: This section is similar to former �� 17-27-106 and 17-27-115 as
they existed prior to 1993.
Cross references: For the legislative declaration in SB 17-021, see section 1
of chapter 305, Session Laws of Colorado 2017.
ARTICLE 27.1
Nongovernmental Facilities -
Notice Requirements
17-27.1-101. Nongovernmental facilities for offenders - registration -
notifications - penalties - definitions. (1) (a) The general assembly finds that the transfer into Colorado of persons that have been convicted of or have agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state who are required to participate in private treatment programs in this state is a matter of statewide and local concern.
(b) The general assembly further finds that although Colorado is a signatory
to the Interstate Compact for Adult Offender Supervision established pursuant to part 28 of article 60 of title 24, C.R.S., more information concerning out-of-state offenders is necessary for the protection of the citizens of Colorado, and it may be necessary to further regulate programs that provide treatment and services to such persons.
(2) As used in this section, unless the context otherwise requires:
(a) (Deleted by amendment, L. 2011, (HB 11-1009), ch. 5, p. 9, � 1, effective
March 1, 2011.)
(b) Chief law enforcement official means:
(I) If a facility of a private treatment program is located within a municipality,
the chief of police of such municipality;
(II) If a facility of a private treatment program is located within a city and
county, the manager of safety of such city and county or other person with such duties; and
(III) If a facility of a private treatment program is not located within a
municipality or city and county, the county sheriff of the county where the facility is located.
(b.5) Compact administrator means the person appointed pursuant to the
provisions of part 28 of article 60 of title 24, C.R.S., to be responsible for the administration of the interstate compact.
(c) Interstate compact means the Interstate Compact for Adult Offender
Supervision, part 28 of article 60 of title 24, C.R.S.
(d) Private treatment program means any residential or nonresidential
program that provides services, treatment, rehabilitation, education, or criminal-history-related treatment for supervised or unsupervised persons in need of substance use treatment, sex offender management services, or domestic violence services required as part of the sending state's sentence. Private treatment program does not include a licensed behavioral health entity endorsed to provide crisis care or withdrawal management, a private contract prison facility, a prison facility operated by a political subdivision of the state, a facility providing treatment for persons with mental health disorders or intellectual and developmental disabilities, or a community corrections program established pursuant to article 27 of this title 17.
(e) Sending state shall have the same meaning as in the interstate
compact.
(f) Supervised person means a person eighteen years of age or older who is
adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime in another state but is or will be under the supervision of a probation officer or community parole officer in Colorado pursuant to the interstate compact. Supervised individual does not include an individual charged with a crime, but not convicted and sentenced, in a sending state.
(g) Supervising person means the person in this state who is in charge of
the overall administration of a private treatment program.
(h) Unsupervised person means a person eighteen years of age or older
who, although not required to be under the jurisdiction of a probation officer or community parole officer in Colorado, is adjudicated for or convicted of or has agreed to a deferred judgment, deferred sentence, or deferred prosecution for a crime outside of the state of Colorado and is directed to attend a private treatment program in Colorado by any court, department of corrections, state board of parole, probation department, parole division, adult diversion program, or any other similar entity or program in a state other than Colorado. Unsupervised individual does not include an individual charged with a crime, but not convicted and sentenced, in a sending state.
(3) (a) In order to ensure uniformity and consistency, the sending state shall
be in compliance with the provisions of the interstate compact, or the compact administrator shall reject the placement of the supervised person pursuant to subsection (6) of this section.
(b) A sending state shall not permit travel of a supervised person who is a
nonresident of this state to the state of Colorado without written notification from the compact administrator of acceptance of the supervised person into a private treatment program when treatment is required by law or as part of the sending state's sentence.
(c) Any request for placement of a nonresident of this state in a private
treatment program from a sending state shall contain written justification as to why treatment in the state of Colorado is preferable or more beneficial than treatment in the sending state.
(4) Repealed.
(5) A private treatment program in Colorado that admits or accepts a
supervised or unsupervised person into the program shall, immediately following intake to the program, notify the supervised or unsupervised person of the person's need to register with the compact administrator and shall assist the supervised or unsupervised person in providing the person's name, date of birth, proof of identification, and any necessary release of information to the compact administrator immediately so the department may complete a complete criminal history records check of the person as shown by a national criminal information check.
(6) (a) The department shall, within forty-eight hours, run a complete
criminal history records check on the individual and verify the person is a supervised or an unsupervised person. If the person is determined to be a supervised or an unsupervised person, the department shall immediately notify the private treatment program and the chief law enforcement official where the private treatment program is located and, if supervised, the person's probation or community parole officer, of the person's status.
(b) Pursuant to criteria established by the interstate compact, the compact
administrator shall either accept or reject the placement of the supervised person in the private treatment program.
(c) (Deleted by amendment, L. 2000, p. 232, � 1, effective July 1, 2000.)
(d) For all unsupervised persons and for supervised persons that the
compact administrator accepts for placement in a private treatment program, the compact administrator shall immediately notify the director of the Colorado bureau of investigation.
(7) The department shall notify the private treatment program and chief law
enforcement official where the private treatment program is located if the person is determined to be a supervised or an unsupervised person.
(7.5) (a) A supervised or an unsupervised person may be required to appear
at a law enforcement agency for fingerprinting and photographing. A probation department, the division of parole, or other agency responsible for supervising a supervised person is responsible for notifying the person of the fingerprinting and photographing requirement. The compact administrator shall arrange for notification to an unsupervised person of the fingerprinting and photographing requirement and may require authorities in the sending state to assist with notification. A law enforcement agency shall take photographs and fingerprints of a supervised or unsupervised person as required but may set reasonable limitations on the hours and location.
(b) For a supervised person, the private treatment program must be:
(I) Approved by the behavioral health administration in the department of
human services if the program provides alcohol or substance use treatment to a supervised person if the treatment would be required if the offense had been committed in Colorado;
(II) Certified or approved by the sex offender management board,
established in section 16-11.7-103, if the program provides sex offender treatment to a supervised person if the treatment would be required if the offense had been committed in Colorado;
(III) Certified or approved by the domestic violence offender management
board, established in section 16-11.8-103, if the program provides treatment to a supervised person if the treatment for an offense if committed in Colorado would have been an act of domestic violence as defined in section 18-6-800.3, or of an act for which the underlying factual basis included an act of domestic violence; or
(IV) Licensed or certified by the division of adult parole in the department of
corrections, the department of regulatory agencies, the behavioral health administration in the department of human services, the state board of nursing, or the Colorado medical board, if the program provides treatment that requires certification or licensure.
(c) (I) If the supervised person is a resident of the state of Colorado, the
supervised person shall confirm that the sending state has provided all information concerning the supervised person required by the interstate compact to the compact administrator.
(II) If the supervised person is a nonresident of the state of Colorado, the
supervised person shall confirm that the compact administrator has accepted the person for placement in the private treatment program.
(8) (a) The private treatment program shall immediately notify the chief law
enforcement official where the program is located and, if supervised, the person's probation or community parole officer whenever any person directed to appear in a facility operated by the program fails to appear or is absent without authority.
(b) The private treatment program shall notify the chief law enforcement
official where the program is located and, if supervised, the person's probation or community parole officer at least seven days prior to the release of any person placed in such program.
(9) (a) Any private treatment program or supervising person that violates this
section may be reported to the appropriate licensing, certifying, or approving agency responsible for oversight of the private treatment program for potential corrective action.
(b) (Deleted by amendment, L. 2023.)
(10) (a) In addition to any other duties, the compact administrator may
promulgate rules governing unsupervised persons including but not limited to their identification.
(b) (Deleted by amendment, L. 2000, p. 232, � 1, effective July 1, 2000.)
(11) Nothing in this section shall be deemed to prohibit any unit of local
government, as defined in section 17-27-102 (8), from enacting ordinances and regulations concerning the licensing of private treatment programs located within their jurisdiction and providing for the punishment for the operation of unlicensed private treatment programs.
(12) (Deleted by amendment, L. 2000, p. 232, � 1, effective July 1, 2000.)
(13) The department shall periodically update the out-of-state offender
questionnaire used by private treatment providers. In updating the questionnaire, the department shall engage stakeholders, including, but not limited to, the behavioral health administration in the department of human services, substance use treatment providers, law enforcement, the office of the state public defender, and other concerned stakeholders.
Source: L. 86: Entire article added, p. 765, � 1, effective July 1; entire section
amended, p. 763, � 5, effective July 1. L. 93: (1) amended, p. 718, � 4, effective July 1. L. 95: (1) amended, p. 1098, � 18, effective May 31. L. 98: (2) amended, p. 820, � 20, effective August 5. L. 99: Entire section R&RE, p. 1172, � 1, effective June 2. L. 2000: (2)(d), (2)(f), (2)(g), (2)(h), (3), (5)(a), (5)(c), (6)(c), (10)(b), and (12) amended, p. 232, � 1, effective July 1. L. 2002: (5)(a)(I) amended, p. 666, � 12, effective May 28. L. 2006: (2)(d) amended, p. 1398, � 47, effective August 7. L. 2008: (2)(f), (2)(h), and (8) amended, p. 658, � 11, effective April 25. L. 2010: (5)(a)(I) amended, (SB 10-175), ch. 188, p. 784, � 26, effective April 29; (5)(a)(IV) amended, (HB 10-1260), ch. 403, p. 1987, � 76, effective July 1. L. 2011: (1)(b), (2)(a), (2)(c), (3)(a), (3)(b), IP(5)(a), IP(5)(b), (5)(c), (6)(a), (6)(b), and (10)(a) amended and (2)(b.5) added, (HB 11-1009), ch. 5, p. 9, � 1, effective March 1; (5)(a)(IV) amended, (HB 11-1303), ch. 264, p. 1156, � 30, effective August 10. L. 2017: IP(5), (5)(a)(I), and (5)(a)(IV) amended, (SB 17-242), ch. 263, p. 1254, � 12, effective May 25. L. 2018: (2)(d) amended, (SB 18-091), ch. 35, p. 385, � 17, effective August 8. L. 2022: (5)(a)(I) and (5)(a)(IV) amended, (HB 22-1278), ch. 222, p. 1495, � 23, effective July 1. L. 2023: (2)(d), (2)(f), (2)(h), (3)(b), (5), (6), (7), and (9) amended, (4) repealed, and (7.5) and (13) added, (HB 23-1268), ch. 233, p. 1221, � 1, effective August 7.
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
ARTICLE 27.5
Intensive Supervision Programs
Editor's note: (1) This article was repealed in 1986 and was subsequently
recreated and reenacted in 1986, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1986, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 17-27.5-106 as it existed prior to 1986 provided for the repeal of
this article, effective February 15, 1986. (see L. 1984, p. 534.)
17-27.5-101. Authority to establish intensive supervision programs for
parolees and community corrections offenders. (1) (a) The department shall have the authority to establish and directly operate an intensive supervision program for any offender not having more than one hundred eighty days remaining until such offender's parole eligibility date and for any offender who successfully completes a regimented inmate discipline program pursuant to article 27.7 of this title.
(b) The department shall also be authorized to refer for placement to an
intensive supervision program operated under the jurisdiction of units of local government under contract with and approved by the department:
(I) Any offender not having more than one hundred eighty days remaining
until such offender's parole eligibility date and any offender who successfully completes a regimented inmate discipline program pursuant to article 27.7 of this title;
(II) Any offender who has met program objectives of a residential community
corrections program and who has not more than one hundred eighty days remaining until such offender's parole eligibility date.
(c) The department shall have the authority to contract with community
corrections programs and other providers for intensive supervision services subject to the approval of the affected unit of local government. In contracting for such programs, the department shall obtain the advice and consent of affected units of local government and shall consider the needs of the communities and offenders for successful reintegration into communities and the appropriate allocation of resources for effective correction of offenders.
(2) The department may place in an intensive supervision program authorized
pursuant to subsection (1) of this section any offender who has been referred to a community corrections program pursuant to section 18-1.3-301 (2)(b), C.R.S., and approved for placement in the program pursuant to section 17-27-103 (5) or section 17-27-104 (3) if the placement will not increase the overall vacancy rate as of June 30, 1995, for the community corrections program.
Source: L. 86: Entire article RC&RE, p. 764, � 6, effective May 28. L. 89:
Entire section R&RE, p. 883, � 1, effective July 1. L. 91: Entire section amended, p. 342, � 2, effective June 1. L. 93: Entire section amended, p. 44, � 1, effective July 1. L. 95: Entire section amended, p. 1276, � 14, effective June 5. L. 96: (1) amended, p. 842, � 1, effective May 23. L. 98: (1)(a) and (1)(b)(I) amended, p. 319, � 3, effective July 1. L. 2002: (2) amended, p. 1508, � 171, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
17-27.5-102. Minimum standards and criteria for the operation of intensive
supervision programs. (1) The department shall have the power to establish and enforce standards and criteria for administration of intensive supervision programs.
(2) The standards and criteria shall require that offenders in the program
receive at least the minimum services consistent with public safety, including highly restricted activities, weekly face-to-face contact between the offender and the program staff, daily telephone contact between the offender and the program staff, a monitored curfew at the offender's place of residence at least once a month, employment visitation and monitoring at least twice each month, home visitation, drug and alcohol screening, treatment referrals and monitoring, assuring the payment of restitution, and community service in a manner that shall minimize any risk to the public.
(3) An offender as defined in section 17-27-102 (6) is eligible for an intensive
supervision program only upon the recommendation of the department if such offender has not more than one hundred eighty days remaining until such offender's parole eligibility date or upon a transfer from a community corrections residential program under article 27 of this title if such offender has not more than one hundred eighty days remaining until such offender's parole eligibility date and if the local community corrections board finds that the correctional needs of such offender will be better served by such supervision. The local community corrections board has the authority to accept, reject, or reject after acceptance the participation of any offender in each and every intensive supervision program under this article. In selecting offenders for transfer to an intensive supervision program, the department and the local community corrections board shall consider, but shall not be limited to, the following factors:
(a) The frequency, severity, and recency of disciplinary actions against the
offender;
(b) The offender's escape history, if any;
(c) Whether the offender has functioned at a high level of responsibility in a
community corrections program, if applicable;
(d) Whether the offender will have adequate means of support and suitable
housing in the community; and
(e) The nature of the offense for which the offender has been incarcerated.
(4) At least two weeks prior to placement of a nonparoled offender in an
intensive supervision program, the executive director shall notify or cause to be notified the respective prosecuting attorney and the law enforcement agency of the affected unit of local government; and he shall have previously notified the affected corrections board.
Source: L. 89: Entire section added, p. 884, � 2, effective July 1. L. 91: IP(3)
amended, p. 342, � 3, effective June 1. L. 93: IP(3) amended, p. 44, � 2, effective July 1; (3) amended, p. 719, � 5, effective July 1. L. 96: (1) amended, p. 843, � 2, effective May 23.
Editor's note: Amendments to subsection (3) in House Bill 93-1073 and
House Bill 93-1233 were harmonized.
17-27.5-103. Confinement in county jail. Where the community corrections
administrator of an intensive supervision program has cause to believe that an offender placed in the program has violated any rule or condition of his or her placement or cannot be safely supervised in that program, the administrator shall certify to the supervising community parole officer the facts that are the basis for his or her belief and execute a transfer order to the sheriff of the county in which the program is being operated, who shall confine the offender in the county jail pending a determination by the supervising community parole officer as to whether or not the offender shall remain in the program.
Source: L. 89: Entire section added, p. 884, � 2, effective July 1. L. 2008:
Entire section amended, p. 659, � 12, effective April 25.
17-27.5-104. Escape from custody - duties of peace officer or community
parole officer - definitions. (1) If an offender fails to remain within the extended limits on the offender's confinement as established under the intensive supervision program; or, having been ordered by the parole board, the executive director, or the administrator of the program to return to the correctional institution, neglects or fails to do so; or knowingly removes or tampers with an electronic monitoring device that the offender is required to wear as a condition of parole, the offender is deemed to have committed the offense of unauthorized absence and shall, upon conviction thereof, be punished as provided in section 18-8-208.2.
(2) When a peace officer or community parole officer has probable cause to
believe that an offender has committed unauthorized absence, as described in subsection (1) of this section and section 18-8-208.2, by knowingly removing or tampering with an electronic monitoring device that he or she is required to wear as a condition of parole, the officer shall immediately seek a warrant for the offender's arrest or effectuate an immediate arrest if the offender is in the presence of the officer; except that, before an officer arrests an offender pursuant to this subsection (2), the officer, if practicable, shall determine that the notification of removal or tampering was not merely the result of an equipment malfunction.
(3) Subsequent to any arrest pursuant to subsection (2) of this section, if a
peace officer or community parole officer has probable cause to believe that a person has committed the offense of unauthorized absence pursuant to this section, the peace officer or community parole officer shall submit charges to the office of the district attorney for consideration of filing pursuant to section 16-5-205.
(4) As used in this section, unless the context otherwise requires:
(a) Peace officer means a certified peace officer described in section 16-2.5-102.
(b) Tampering has the same meaning as set forth in section 17-1-102 (8.5).
Source: L. 89: Entire section added, p. 885, � 2, effective July 1. L. 2017:
Entire section amended, (SB 17-048), ch. 94, p. 286, � 1, effective August 9. L. 2021: (1), (2), and (3) amended, (SB 21-146), ch. 459, p. 3085, � 9, effective July 6.
17-27.5-105. Duty to report. (Repealed)
Source: L. 89: Entire section added, p. 885, � 2, effective July 1. L. 96: Entire
section amended, p. 843, � 3, effective May 23. L. 98: Entire section repealed, p. 729, � 14, effective May 18.
17-27.5-106. Authority of state board of parole to utilize intensive
supervision programs. An offender who is granted parole or whose parole is modified may be required by the state board of parole, as a condition of such parole, to participate in an intensive supervision program as defined by this article; except that the offender shall not be subject to the authority of the local community corrections board under section 17-27.5-102 (3).
Source: L. 89: Entire section added, p. 885, � 2, effective July 1.
ARTICLE 27.7
Regimented Inmate Discipline
and Treatment Program
17-27.7-101. Legislative declaration. It is the intent of the general assembly
that the program established pursuant to this article shall benefit the state by reducing prison overcrowding and shall benefit persons who have been convicted of offenses and placed in the custody of the department by promoting such person's personal development and self-discipline.
Source: L. 90: Entire article added, p. 963, � 1, effective June 7.
17-27.7-102. Regimented inmate training programs - authorization -
standards for operation. (1) The department may develop and implement a regimented inmate training program. Any regimented inmate training program shall include, but shall not be limited to, the following aspects:
(a) A military-styled intensive physical training and discipline program;
(b) An educational and vocational assessment and training program
emphasizing job seeking skills;
(c) A health education program; and
(d) A drug and alcohol education and treatment program which shall be
structured as an integral part of the entire regimented inmate training program.
(2) The department may establish and enforce standards for the regimented
inmate training program and each of the aspects thereof described in subsection (1) of this section.
(3) The regimented inmate training program shall be structured in such a
manner that any offender who is assigned to the program by the executive director shall remain in the program for a period of ninety days, unless removed from the program and reassigned by the executive director for unsatisfactory performance. The executive director may authorize an extension of the program for any offender not to exceed thirty days when such extension will allow the offender to be considered for probation under rule 35b of the Colorado rules of criminal procedure.
Source: L. 90: Entire article added, p. 963, � 1, effective June 7.
17-27.7-103. Regimented inmate training program - eligibility of offenders.
(1) The executive director may assign an inmate to a regimented inmate training program pursuant to section 17-40-102 (2). The executive director shall assign to a regimented inmate training program only those inmates who are nonviolent offenders thirty years of age or younger who are not serving a sentence and have not served a previous sentence in a correctional facility for an unlawful sexual behavior offense described in section 16-22-102 (9), a crime of violence described in section 18-1.3-406, an assault offense described in part 2 of article 3 of title 18, or a child abuse offense described in part 4 of article 6 of title 18; or who are not presently serving a sentence for a nonviolent offense that was reduced from an unlawful sexual behavior offense described in section 16-22-102 (9), a crime of violence described in section 18-1.3-406, an assault offense described in part 2 of article 3 of title 18, or a child abuse offense described in part 4 of article 6 of title 18, as a result of a plea agreement; or who are not aliens subject to a removal order. Any offender assigned to the program must be free of any physical or mental disability that could jeopardize his or her ability to complete the program. The department may eliminate any offender from the program upon a determination by the department that a physical disability or a mental health disorder will prevent full participation in the program by the offender. The department is absolved of liability for participation in the program.
(2) The executive director shall assign no more than one hundred offenders
to the regimented inmate training program at any one time. No more than a maximum of four hundred offenders shall be assigned to the program in any one year. However, the executive director may assign offenders to the program to replace those offenders who fail to complete the program.
Source: L. 90: Entire article added, p. 964, � 1, effective June 7. L. 92: (1)
amended, p. 254, � 1, effective March 16. L. 2002: (1) amended, p. 1508, � 172, effective October 1. L. 2004: (1) amended, p. 187, � 1, effective April 1. L. 2017: (1) amended, (HB 17-1046), ch. 50, p. 158, � 9, effective March 16. L. 2018: (1) amended, (SB 18-091), ch. 35, p. 386, � 18, effective August 8.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
17-27.7-104. Acceptance and completion of the program by an offender -
reconsideration of sentence. (1) The department, upon acceptance of an offender into the program, shall immediately notify the court of such acceptance.
(2) (a) If an offender successfully completes a regimented inmate training
program, such offender, within sixty days of termination or completion of the program, shall automatically be referred to the sentencing court so that the offender may make a motion for reduction of sentence pursuant to rule 35 (b) of the Colorado rules of criminal procedure.
(b) The department shall submit a report to the court concerning such
offender's performance in the program. Such report may recommend that the offender be placed in a specialized probation or community corrections program. The court may not summarily deny the offender's motion without a complete consideration of all pertinent information provided by the offender, the offender's attorney, and the district attorney. The court may issue an order modifying the offender's sentence and placing the offender on probation or in a community corrections program.
(b.5) Notwithstanding the fact that the offender's case is on appeal, the
sentencing court shall retain jurisdiction to consider and rule on motions for reconsideration filed pursuant to this subsection (2).
(c) (I) Any motion filed pursuant to paragraph (a) of this subsection (2) shall
be given priority for consideration by the sentencing court. An offender who successfully completes the regimented inmate training program within twenty-eight months prior to such offender's parole eligibility date shall be eligible for placement in a community corrections program operated pursuant to article 27 of this title.
(II) An offender placed in a community corrections program pursuant to
subparagraph (I) of this paragraph (c) may be required to participate in a structured, transitional discipline program in such community corrections program for six months or until completion of the offender's sentence, whichever occurs first.
(III) Upon satisfactory completion of the community corrections program, an
offender whose sentence has not been completely served may be required to participate in the intensive supervision program pursuant to section 17-27.5-102.
Source: L. 90: Entire article added, p. 964, � 1, effective June 7. L. 95: Entire
section amended, p. 184, � 1, effective April 7. L. 98: (2)(c)(I) amended, p. 318, � 1, effective July 1. L. 2007: (2)(b.5) added, p. 557, � 3, effective April 16.
17-27.7-105. Evaluation of regimented inmate training program.
(Repealed)
Source: L. 90: Entire article added, p. 964, � 1, effective June 7. L. 96: Entire
section repealed, p. 1267, � 186, effective August 7.
Cross references: For the legislative declaration contained in the 1996 act
repealing this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
ARTICLE 27.8
Home Detention Programs
Law reviews: For article, 1990 Criminal Law Legislative Update, see 19 Colo.
Law. 2049 (1990).
17-27.8-101. Definitions. As used in this article, unless the context otherwise
requires:
(1) Home detention means an alternative correctional sentence or term of
probation supervision wherein a defendant convicted of any felony, other than a class 1 or violent felony, is allowed to serve his sentence or term of probation, or a portion thereof, within his home or other approved residence. Such sentence or term of probation shall require the offender to remain within his approved residence at all times except for approved employment, court-ordered activities, and medical needs.
(2) Offender means any person who has been convicted of or who has
received a deferred sentence for a felony, other than a class 1 or violent felony.
Source: L. 90: Entire article added, p. 967, � 1, effective July 1.
17-27.8-102. Authority of sentencing courts to utilize home detention
programs. (Repealed)
Source: L. 90: Entire article added, p. 967, � 1, effective July 1. L. 94: (1)(d)
added, p. 2041, � 23, effective July 1. L. 95: (1)(d) amended, p. 569, � 8, effective July 1. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1.
Editor's note: In 2002, this section was relocated to � 18-1.3-105.
Cross references: For the legislative declaration contained in the act
repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
17-27.8-103. Home detention program - contracted by department of
public safety. (1) The division of criminal justice of the department of public safety is hereby authorized to contract with private entities to develop, administer, and operate home detention programs which may be utilized by any sentencing judge pursuant to section 18-1.3-105 (1), C.R.S.
(2) Any home detention program developed pursuant to subsection (1) of this
section shall include each of the following components:
(a) Supervision of the offender by personal monitoring by a home detention
officer employed by the entity operating the home detention program;
(b) Supervision of the offender through monitoring by electronic devices
which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and
(c) Access for the offender to attend any court-ordered counseling,
substance abuse treatment, vocational rehabilitation or training, or education.
Source: L. 90: Entire article added, p. 968, � 1, effective July 1. L. 2002: (1)
amended, p. 1509, � 173, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
17-27.8-104. Home detention program - operated by the judicial
department. (1) The judicial department is hereby authorized to develop, administer, and operate a home detention program which may be utilized by any sentencing judge pursuant to section 18-1.3-105 (1), C.R.S., or to contract with the division of criminal justice of the department of public safety for the utilization of home detention programs contracted for by that division.
(2) Any home detention program developed pursuant to subsection (1) of this
section shall include each of the following components:
(a) Supervision of the offender by personal monitoring by a probation officer
employed by the judicial department, or a home detention officer employed by a private entity operating a home detention program;
(b) Supervision of the offender through monitoring by electronic devices
which are capable of detecting and reporting the offender's presence or absence at such offender's approved residence, place of employment, or other court-approved activity; and
(c) Access for the offender to attend any court-ordered counseling,
substance abuse treatment, vocational rehabilitation or training, or education.
Source: L. 90: Entire article added, p. 969, � 1, effective July 1. L. 93: (1)
amended, p. 1776, � 37, effective June 6. L. 2002: (1) amended, p. 1509, � 174, effective October 1.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
17-27.8-105. Home detention program - operated by the department of
corrections for offenders who are paroled. The department of corrections is hereby authorized to develop, administer, and operate a home detention program or to contract with the division of criminal justice of the department of public safety pursuant to section 17-27.8-103 for a home detention program which may be utilized by the state board of parole for an offender as a condition of parole or modified parole.
Source: L. 90: Entire article added, p. 969, � 1, effective July 1.
17-27.8-106. Escape from custody. If an offender fails to remain within the
extended limits of a home detention program as ordered by a sentencing judge, he shall be deemed to have escaped from custody and shall, upon conviction thereof, be punished as provided in section 18-8-208, C.R.S. An offender on parole who fails to remain within the limits of a home detention program shall be deemed to be in violation of parole pursuant to section 17-2-103 (1)(e).
Source: L. 90: Entire article added, p. 969, � 1, effective July 1.
ARTICLE 27.9
Specialized Restitution and
Community Service Programs
17-27.9-101. Legislative declaration. (Repealed)
Source: L. 92: Entire article added, p. 262, � 2, effective July 1. L. 93: Entire
section amended, p. 1172, � 1, effective July 1. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1.
Editor's note: In 2002, this section was relocated to � 18-1.3-302.
Cross references: For the legislative declaration contained in the act
repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
17-27.9-102. Specialized restitution and community service programs -
contract with treatment providers - division of criminal justice. (1) The director of the division of criminal justice in the department of public safety may, pursuant to section 17-27-108, contract with one or more public or private providers or community corrections boards, as defined in section 17-27-102 (2), who operate restitution and community service facilities, to provide specialized restitution and community service programs that meet the requirements of this section. As used in this article 27.9, such providers are referred to as providers. The behavioral health administration in the department of human services shall approve any entity that provides treatment for substance use disorders pursuant to article 80 of title 27.
(2) Any contract entered into for a specialized restitution and community
service program pursuant to this section shall meet the following criteria:
(a) The goals of the program shall include, but shall not be limited to:
(I) A level of supervision for each offender appropriate to ensure public
safety;
(II) The reimbursement to the victim and to society for the damage caused by
the offender's crime through restitution and community service performed by the offender;
(III) The reduction of any substance abuse by any offender placed in the
program, with the ultimate goal of abstinence from the use of drugs or alcohol by each such offender;
(IV) The reduction of recidivism by offenders who have completed the
program;
(V) The development of employment skills and the attainment of meaningful
employment by any offender placed in the program;
(VI) The use of peer support and accountability for any offender placed in
the program, and the continuation of services and ongoing participation in the program to maintain the offender's progress;
(VII) The enhancement of the educational skills of any offender placed in the
program, including the enhancement of self-care and self-sufficiency capabilities.
(b) (I) The program shall consist of three phases as follows:
(A) The first phase shall be intensive residential treatment;
(B) The second phase shall consist of residential treatment in conjunction
with gradual reentry into the community;
(C) The third phase shall consist of nonresidential treatment.
(II) The first and second phases may continue for up to nine months, and the
third phase may continue for up to twelve months or longer if restitution and community service have not been completed. The degree of supervision during the third phase shall be designed to decrease in intensity as the offender responds to the program and becomes substantially reestablished in the community.
(III) Victim restitution and community service shall be a primary emphasis in
the second and third phases.
Source: L. 92: Entire article added, p. 263, � 2, effective July 1. L. 93: (1)
amended, p. 720, � 6, effective July 1. L. 94: (1) amended, p. 2653, � 131, effective July 1. L. 2010: (1) amended, (SB 10-175), ch. 188, p. 784, � 27, effective April 29. L. 2017: (1) amended, (SB 17-242), ch. 263, p. 1303, � 134, effective May 25. L. 2022: (1) amended, (HB 22-1278), ch. 222, p. 1496, � 24, effective July 1.
Cross references: For the legislative declaration contained in the 1994 act
amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.
17-27.9-103. Offenders who may be sentenced to the specialized
restitution and community service program. (Repealed)
Source: L. 92: Entire article added, p. 264, � 2, effective July 1. L. 93: (1)
amended and (4) added, p. 1173, � 2, effective July 1; (2)(b) amended, p. 720, � 7, effective July 1. L. 2002: Entire section repealed, p. 1463, � 3, effective October 1.
Editor's note: In 2002, this section was relocated to � 18-1.3-302.
Cross references: For the legislative declaration contained in the act
repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
17-27.9-104. Contracts with providers - amounts - loans. (1) Any provider
who contracts with the executive director of the department of public safety to provide specialized restitution and community service programs pursuant to section 17-27.9-102 shall be reimbursed on a per diem rate for residential supervision and a monthly rate for n
C.R.S. § 18-10-108
18-10-108. Exceptions. Nothing contained in this article 10 shall be construed to modify, amend, or otherwise affect the validity of any provisions contained in part 6 of article 21 of title 24 and articles 30 and 32 of title 44.
Source: L. 71: R&RE, p. 479, � 1. C.R.S. 1963: � 40-10-108. L. 91: Entire section
amended, p. 1582, � 9, effective June 4. L. 2018: Entire section amended, (HB 18-1024), ch. 26, p. 322, � 13, effective October 1; entire section amended, (HB 18-1375), ch. 274, p. 1726, � 94, effective October 1.
ARTICLE 10.5
Simulated Gambling Devices
18-10.5-101. Legislative declaration. (1) The general assembly finds,
determines, and declares that:
(a) Recently, certain individuals and companies have developed electronic
machines, systems, and devices to enable gambling through pretextual sweepstakes relationships predicated on the sale of internet services, telephone cards, and other products at business locations that are or may be commonly known as internet sweepstakes cafes. These machines, systems, and devices, as more fully described in this article, appear designed to evade the existing constitutional and statutory regulations on gambling activity in Colorado and therefore are declared to be contrary to the public policy of this state.
(b) The gambling occurring at internet sweepstakes cafes has none of the
protections that are afforded to players at legal gaming sites in Colorado. This absence of uniform regulation and ongoing, governmental oversight presents a danger to consumers throughout the state of Colorado. These sites comply with none of the regulatory requirements, such as surveillance and tracking of wagers and payouts, to assure consumers that gambling is being conducted fairly and honestly. The general assembly finds that these dangers are profound, putting at risk the financial resources of vulnerable persons and customers who are used to wagering based on clear regulatory standards and who have official lines of authority to which they may appeal when there are questionable or illegal practices used by a licensed gaming operator.
(c) The proliferation of internet sweepstakes cafes presents an increasing
risk to consumers, particularly as these sweepstakes cafes have spread to sites throughout the state and are capable of operating without facing adverse consequences for their illegal, unfair, or unregulated acts;
(d) The diversion of consumer dollars to these untaxed gambling activities
not only presents the opportunity for theft but also undermines state and local programs that are funded by revenue derived from legalized gambling, including parks and recreation, historic preservation, and the state's general fund;
(e) There is no adequate local or federal regulation of internet sweepstakes
cafes, and the ability of the owners of those facilities to operate in any community in the state or to move their operations from one part of the state to another without notifying any regulatory body makes this an issue of statewide concern, appropriate for action by the general assembly;
(f) The voters of Colorado have carefully chosen the forms of gambling to
which to give their approval and the conditions under which those forms of gambling may be conducted. At no time has the question of legalization of internet sweepstakes cafes been presented to the voters of this state. Without a vote of the people, the state of Colorado cannot permit the operation of unauthorized, unregulated, and unsupervised gambling or lotteries in violation of section 2 or 9 of article XVIII of the Colorado constitution.
Source: L. 2015: Entire article added, (HB 15-1047), ch. 24, p. 57, � 1, effective
March 13.
18-10.5-102. Definitions. As used in this article 10.5, unless the context
otherwise requires:
(1) Electronic gaming machine means an electrically or electronically
operated machine or device that is used by a sweepstakes entrant and that displays the results of a game entry or game outcome to a participant on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the sweepstakes or by that person's partners, affiliates, subsidiaries, agents, or contractors. The term includes a machine or device that:
(a) Uses a simulated game terminal as a representation of the prizes
associated with the results of the sweepstakes entries;
(b) Uses software that simulates a game that influences or determines the
winning or value of the prize, or appears to influence or determine the winning or value of the prize;
(c) Selects prizes from a predetermined, finite pool of entries;
(d) Uses a mechanism that reveals the content of a predetermined
sweepstakes entry;
(e) Predetermines the prize results and stores those results for delivery
when the sweepstakes entry is revealed;
(f) Uses software to create a game result;
(g) Requires a deposit of any currency or token or the use of any credit card,
debit card, prepaid card, or other method of payment to activate the machine or device;
(h) Requires direct payment into the machine or device or remote activation
of the machine or device upon payment to the person offering the sweepstakes game;
(i) Requires the purchase of a related product at additional cost in order to
participate in the sweepstakes game or makes a related product available for no cost but under restrictive conditions;
(j) Reveals a sweepstakes prize incrementally even though the progress of
the images on the screen does not influence whether a prize is awarded or the value of any prize awarded; or
(k) Determines and associates the prize with an entry or entries at the time
the sweepstakes is entered.
(2) Enter or entry means the act or process by which a person becomes
eligible to receive a prize offered in a sweepstakes.
(3) Entrant means a person who is or seeks to become eligible to receive a
prize offered in a sweepstakes.
(3.5) Gambling, whether used alone or as part of the phrase simulated
gambling or simulated gambling device, has the meaning set forth in section 18-10-102 (2); except that, for purposes of this article 10.5, the exception set forth in section 18-10-102 (2)(a) does not apply.
(4) Local jurisdiction means a town, city, city and county, or the
unincorporated area of a county.
(5) (a) Prize means a gift, award, gratuity, good, service, credit, or anything
else of value, including a thing of value for a gain as defined in section 18-10-102 (1), that may be transferred to an entrant, whether or not possession of the prize is actually transferred or placed on an account or other record as evidence of the intent to transfer the prize.
(b) Prize does not include:
(I) Free or additional play;
(II) Any intangible or virtual award that cannot be converted into money,
goods, or services; or
(III) A paper or electronic coupon, whether issued to a player as a single
ticket or token or as multiple tickets or tokens, that is won in return for a single play of a device; has a value that does not exceed the equivalent of twenty-five dollars; cannot be exchanged or returned for money, monetary credits, or any financial consideration; and cannot be used to acquire or exchanged for any product that is, contains, or can be used as a constituent part of or accessory for:
(A) Alcohol beverages;
(B) Tobacco, tobacco products, marijuana, or smoking; or
(C) Firearms or ammunition.
(6) (a) Simulated gambling device means a mechanically or electronically
operated machine, network, system, program, or device that is used by an entrant and that displays simulated gambling displays on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the game or by that person's partners, affiliates, subsidiaries, agents, or contractors; except that the term does not include bona fide amusement devices, as authorized in section 44-3-103 (47), that pay nothing of value, cannot be adjusted to pay anything of value, and are not used for gambling. Simulated gambling device includes:
(I) A video poker game or any other kind of video card game;
(II) A video bingo game;
(III) A video craps game;
(IV) A video keno game;
(V) A video lotto game;
(VI) A video roulette game;
(VII) A pot-of-gold;
(VIII) An eight-liner;
(IX) A video game based on or involving the random or chance matching of
different pictures, words, numbers, or symbols;
(X) An electronic gaming machine, including a personal computer of any size
or configuration that performs any of the functions of an electronic gaming machine;
(XI) A slot machine, where results are determined by reason of the skill of
the player or the application of the element of chance, or both, as provided by section 9 (4)(c) of article XVIII of the Colorado constitution; and
(XII) A device that functions as, or simulates the play of, a slot machine,
where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by section 9 (4)(c) of article XVIII of the Colorado constitution.
(b) Simulated gambling device does not include any pari-mutuel totalisator
equipment that is used for pari-mutuel wagering on live or simulcast racing events and that has been approved by the director of the division of racing events for entities authorized and licensed under article 32 of title 44.
(7) Sweepstakes means any game, advertising scheme or plan, or other
promotion that, with or without payment of any consideration, allows a person to enter to win or become eligible to receive a prize.
Source: L. 2015: Entire article added, (HB 15-1047), ch. 24, p. 58, � 1, effective
March 13. L. 2018: IP, (5), and (6) amended and (3.5) added, (HB 18-1234), ch. 381, p. 2298, � 3, effective June 6. L. 2019: IP(6)(a) and (6)(b) amended, (SB 19-241), ch. 390, p. 3465, � 13, effective August 2.
18-10.5-103. Prohibition - penalties - exemptions. (1) A person commits
unlawful offering of a simulated gambling device if the person offers, facilitates, contracts for, or otherwise makes available to or for members of the public or members of an organization or club any simulated gambling device where:
(a) The person receives, directly or indirectly, a payment or transfer of
consideration in connection with an entrant's use of the simulated gambling device, admission to premises on which the simulated gambling device is located, or the purchase of any product or service associated with access to or use of the simulated gambling device, regardless of whether consideration in connection with such use, admission, or purchase is monetary or nonmonetary and regardless of whether it is paid or transferred before the simulated gambling device is used by an entrant; and
(b) As a consequence of, in connection with, or after the play of the
simulated gambling device, an award of a prize is expressly or implicitly made to a person using the device.
(2) Unlawful offering of a simulated gambling device is a class 2
misdemeanor.
(3) Without regard to any penalty imposed under subsection (2) of this
section, the attorney general and each district attorney may apply to the district court of a district in which a person who violates subsection (1) of this section is located, advertises for entrants, or does business for appropriate additional relief, including:
(a) Injunctive relief, including a temporary restraining order or preliminary or
permanent injunction, to restrain and enjoin violations of this section;
(b) Damages, up to and including three times the total dollar amount of
business transacted or facilitated by any person who violates subsection (1) of this section, payable to the local jurisdiction in which the person is located, advertises for entrants, or does business; and
(c) Other relief the district court deems appropriate.
(4) A person who suffers any ascertainable loss of money or of any tangible
or intangible personal property as a result of a violation of this section and who also holds a license to offer gambling services under Colorado law may apply to the district court of any district where the person who violates subsection (1) of this section is or was located, advertises for entrants, or does business for appropriate additional relief, including:
(a) Injunctive relief, including a temporary restraining order or preliminary or
permanent injunction, to restrain and enjoin violations of this section;
(b) Damages up to and including three times the actual damages sustained
as a result of violations of this section;
(c) Reasonable attorney fees and costs; and
(d) Other relief the district court deems appropriate.
(5) The court may award reasonable attorney fees and costs to a defendant
for any action filed pursuant to subsection (4) of this section that was substantially groundless, frivolous, or vexatious.
(6) A criminal conviction against a named defendant under subsection (2) of
this section is prima facie evidence of the liability of that named defendant in an action brought under subsection (3) or (4) of this section.
(7) A civil action under this section must be filed within one year after the act
or transaction giving rise to the cause of action.
(8) Conducting or assisting in the conduct of gaming wagering activities and
live or simulcast racing and pari-mutuel wagering activities otherwise authorized by Colorado law is not a violation of this section.
(9) Nothing in this section:
(a) Prohibits, limits, or otherwise affects any purchase, sale, exchange, or
other transaction related to stocks, bonds, futures, options, commodities, or other similar instruments or transactions occurring on a stock or commodities exchange, brokerage house, or similar entity; or
(b) Limits or alters the application of the requirements for sweepstakes,
contests, and similar activities that are otherwise established under the laws of this state.
(10) The provision of internet or other online access, transmission, routing,
storage, or other communication-related services or website design, development, storage, maintenance, billing, advertising, hypertext linking, transaction processing, or other site-related services by a telephone company, internet service provider, software developer or licensor, or other party providing similar services to customers in the normal course of its business does not violate this section even if those customers use the services to conduct a prohibited game, contest, lottery, or other activity in violation of this article; except that this subsection (10) does not exempt from criminal prosecution or civil liability a software developer, licensor, or other party whose primary purpose in providing such service is to support the offering of simulated gambling devices.
(11) This section does not apply to an owner, operator, employee, or customer
of a simulated gambling device, or of a business offering simulated gambling devices, who:
(a) Ceased participating in such activity on or before July 1, 2018; and
(b) Provides clear documentation to the district attorney that:
(I) A lawful contract has been entered into for the sale or transfer of all
simulated gambling devices connected with the activity to a person by whom, or into a jurisdiction where, the activity is lawful; and
(II) Consummates the contract by actually selling or transferring the
simulated gambling devices within one hundred eighty days after the contract was entered into or after any simulated gambling devices that were seized, confiscated, or forfeited by law enforcement authorities have been returned, whichever occurs later.
Source: L. 2015: Entire article added, (HB 15-1047), ch. 24, p. 60, � 1, effective
March 13. L. 2018: (1)(a) amended and (11) added, (HB 18-1234), ch. 381, p. 2300, � 4, effective June 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3208, � 341, effective March 1, 2022.
ARTICLE 11
Offenses Involving Disloyalty
Editor's note: This title was repealed and reenacted in 1971. For historical
information concerning the repeal and reenactment, see the editor's note following the title heading.
PART 1
TREASON AND RELATED OFFENSES
C.R.S. § 18-12-214
18-12-214. Authority granted by permit - carrying restrictions - local authority. (1) (a) A permit to carry a concealed handgun authorizes the permittee to carry a concealed handgun in all areas of the state, except as specifically limited in this section. A permit does not authorize the permittee to use a handgun in a manner that would violate a provision of state law.
(b) A peace officer may temporarily disarm a permittee, incident to a lawful
stop of the permittee. The peace officer shall return the handgun to the permittee prior to discharging the permittee from the scene.
(c) (I) A local government, including a special district, or the governing board
of an institution of higher education, including the board of directors of the Auraria higher education center, may enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government's or governing board's jurisdiction, or for a special district, in a building or specific area under the direct control or management of the district, including a building or facility managed pursuant to an agreement between the district and a contractor. An ordinance, resolution, or other regulation prohibiting a permittee from carrying a concealed handgun may only impose a civil penalty for a violation and require the person to leave the premises. For a first offense, the ordinance, resolution, or other regulation may not impose a fine that exceeds fifty dollars and may not impose a sentence of incarceration. A person who does not leave the premises when required may be subject to criminal penalties.
(II) If a local government or governing board prohibits carrying a concealed
handgun in a building or specific area, the local government or governing board shall post signs at the public entrances to the building or specific area informing persons that carrying a concealed handgun is prohibited in the building or specific area. The notice required by this section may be included on a sign describing open carry restrictions posted in accordance with section 29-11.7-104.
(2) A permit issued pursuant to this part 2 does not authorize a person to
carry a concealed handgun into a place where the carrying of firearms is prohibited by federal law.
(2.5) A permit issued pursuant to this part 2 does not authorize a person to
carry a concealed handgun into a place where the carrying of concealed handguns is prohibited by a local ordinance, resolution, rule, or other regulation.
(3) A permit issued pursuant to this part 2 does not authorize a person to
carry a concealed handgun onto the real property, or into any improvements erected thereon, of a public elementary, middle, junior high, or high school; except that:
(a) A permittee may have a handgun on the real property of the public school
so long as the handgun remains in the permittee's vehicle and, if the permittee leaves the vehicle unattended, the permittee stores the firearm pursuant to section 18-12-114.5;
(b) A permittee who is employed or retained by contract by a school district
or charter school as a school security officer may carry a concealed handgun onto the real property, or into any improvement erected thereon, of a public elementary, middle, junior high, or high school while the permittee is on duty;
(c) A permittee may carry a concealed handgun on undeveloped real
property owned by a school district that is used for hunting or other shooting sports.
(3.5) A permit issued pursuant to this part 2 does not authorize a person to
carry a concealed handgun:
(a) Onto the real property, or into any improvements erected thereon, of a
licensed child care center, as defined in section 18-12-105.5, or a public or private college, university, or seminary in violation of section 18-12-105.5;
(b) In a government building in violation of section 18-12-105.3; or
(c) At a polling location, drop box, or central count facility, in violation of
section 1-13-724.
(4) A permit issued pursuant to this part 2 does not authorize a person to
carry a concealed handgun into a public building at which:
(a) Security personnel and electronic weapons screening devices are
permanently in place at each entrance to the building;
(b) Security personnel electronically screen each person who enters the
building to determine whether the person is carrying a weapon of any kind; and
(c) Security personnel require each person who is carrying a weapon of any
kind to leave the weapon in possession of security personnel while the person is in the building.
(5) Nothing in this part 2 shall be construed to limit, restrict, or prohibit in
any manner the existing rights of a private property owner, private tenant, private employer, or private business entity.
(6) The provisions of this section apply to temporary emergency permits
issued pursuant to section 18-12-209.
Source: L. 2003: Entire part added, p. 647, � 1, effective May 17. L. 2014:
(3)(b) amended, (HB 14-1291), ch. 165, p. 579, � 1, effective May 9. L. 2021: (1)(a) amended and (1)(c), (2.5), and (3.5) added, (SB 21-256), ch. 269, p. 1557, � 5, effective June 19. L. 2024: (3.5) amended, (SB 24-131), ch. 301, p. 2049, � 6, effective July 1; (3)(a) amended, (HB 24-1348), ch. 178, p. 970, � 4, effective January 1, 2025.
Cross references: For the legislative declaration in SB 24-131, see section 1
of chapter 301, Session Laws of Colorado 2024.
C.R.S. § 18-4-506.5
18-4-506.5. Tampering with a utility meter - penalty. (1) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor, or other instrument or contrivance with any main, service pipe, or other medium conducting or supplying gas, water, or electricity to any building without the knowledge and consent of the person supplying such gas, water, or electricity commits a class 2 misdemeanor.
(2) Any person who in any manner alters, obstructs, or interferes with the
action of any meter provided for measuring or registering the quantity of gas, water, or electricity passing through said meter without the knowledge and consent of the person owning said meter commits a class 2 misdemeanor.
(3) Nothing in this section shall be construed to apply to any licensed
electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.
Source: L. 80: Entire section added, p. 534, � 1, effective July 1.
C.R.S. § 18-6-805
18-6-805. Repeal of sections. (Repealed)
Source: L. 95: Entire section added, p. 569, � 10, effective July 1. L. 96: (1)
amended, p. 1470, � 12, effective June 1. L. 98: Entire section amended, p. 771, � 1, effective May 22. L. 99: (1) amended, p. 623, � 20, effective August 4. L. 2000: Entire section repealed, p. 914, � 5, effective July 1.
ARTICLE 6.5
Wrongs to At-risk Adults
18-6.5-101. Legislative declaration. The general assembly recognizes that
fear of mistreatment is one of the major personal concerns of at-risk persons and that at-risk persons are more vulnerable to and disproportionately damaged by crime in general but, more specifically, by abuse, exploitation, and neglect because they are less able to protect themselves against offenders, a number of whom are in positions of trust, and because they are more likely to receive serious injury from crimes committed against them and not to fully recover from such injury. At-risk persons are more impacted by crime than the general population because they tend to suffer great relative deprivation, financially, physically, and psychologically, as a result of the abuses against them. A significant number of at-risk persons are not as physically, intellectually, or emotionally equipped to protect themselves or aid in their own security as non-at-risk persons in society. They are far more susceptible than the general population to the adverse long-term effects of crimes committed against them, including abuse, exploitation, and neglect. The general assembly therefore finds that penalties for specified crimes committed against at-risk persons should be more severe than the penalties for the commission of the same crimes against other members of society.
Source: L. 91: Entire article added, p. 1778, � 2, effective July 1. L. 93: Entire
section amended, p. 1733, � 22, effective July 1. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 545, � 1, effective July 1.
18-6.5-102. Definitions. As used in this article 6.5, unless the context
otherwise requires:
(1) Abuse means any of the following acts or omissions committed against
an at-risk person:
(a) The nonaccidental infliction of bodily injury, serious bodily injury, or
death;
(b) Confinement or restraint that is unreasonable under generally accepted
caretaking standards; or
(c) Subjection to sexual conduct or contact classified as a crime under this
title.
(2) At-risk adult means any person who is seventy years of age or older or
any person who is eighteen years of age or older and is a person with a disability as said term is defined in subsection (11) of this section.
(2.5) At-risk adult with IDD means a person who is eighteen years of age or
older and is a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S.
(3) At-risk elder means any person who is seventy years of age or older.
(4) At-risk juvenile means any person who is under the age of eighteen
years and is a person with a disability as said term is defined in subsection (11) of this section.
(4.5) At-risk person means an at-risk adult, an at-risk adult with IDD, an at-risk elder, or an at-risk juvenile.
(5) Caretaker means a person who:
(a) Is responsible for the care of an at-risk person as a result of a family or
legal relationship;
(b) Has assumed responsibility for the care of an at-risk person; or
(c) Is paid to provide care or services to an at-risk person.
(6) (a) Caretaker neglect means neglect that occurs when adequate food,
clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or any other treatment necessary for the health or safety of an at-risk person is not secured for an at-risk person or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk person.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (6), the
withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, and artificial nutrition and hydration, in accordance with any valid medical directive or order or as described in a palliative plan of care, is not deemed caretaker neglect.
(c) As used in this subsection (6), medical directive or order includes a
medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.
(7) Clergy member means a priest; rabbi; duly ordained, commissioned, or
licensed minister of a church; member of a religious order; or recognized leader of any religious body.
(8) Convicted and conviction mean a plea of guilty accepted by the court,
including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.
(9) Crime against an at-risk person means any offense listed in section 18-6.5-103 or criminal attempt, conspiracy, or solicitation to commit any of those
offenses.
(10) Exploitation means an act or omission committed by a person who:
(a) Uses deception, harassment, intimidation, or undue influence to
permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value;
(b) Employs the services of a third party for the profit or advantage of the
person or another person to the detriment of the at-risk person;
(c) Forces, compels, coerces, or entices an at-risk person to perform services
for the profit or advantage of the person or another person against the will of the at-risk person; or
(d) Misuses the property of an at-risk person in a manner that adversely
affects the at-risk person's ability to receive health care or health-care benefits or to pay bills for basic needs or obligations.
(10.5) Mistreated or mistreatment means:
(a) Abuse;
(b) Caretaker neglect; or
(c) Exploitation.
(11) Person with a disability means any person who:
(a) Is impaired because of the loss of or permanent loss of use of a hand or
foot or because of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute virtual blindness;
(b) Is unable to walk, see, hear, or speak;
(c) Is unable to breathe without mechanical assistance;
(d) Is a person with an intellectual and developmental disability as defined in
section 25.5-10-202, C.R.S.;
(e) Has a mental health disorder, as defined in section 27-65-102;
(f) Is mentally impaired as the term is defined in section 24-34-501 (1.3)(b)(II),
C.R.S.;
(g) Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or
(h) Is receiving care and treatment for a developmental disability under
article 10.5 of title 27, C.R.S.
(12) Position of trust means assuming a responsibility, duty, or fiduciary
relationship toward an at-risk adult or at-risk juvenile.
(13) Undue influence means the use of influence to take advantage of an
at-risk person's vulnerable state of mind, neediness, pain, or emotional distress.
(14) Unlawful abandonment means the intentional and unreasonable
desertion of an at-risk person in a manner that endangers the safety of that person.
Source: L. 91: Entire article added, p. 1778, � 2, effective July 1. L. 92: (3)(d)
amended, p. 1397, � 54, effective July 1. L. 93: (1.5) added and (3)(a) and (3)(f) amended, pp. 1733, 1637, �� 23, 21, effective July 1. L. 2006: (3)(e) amended, p. 1388, � 17, effective August 7. L. 2007: (3.5) added, p. 2006, � 1, effective July 1. L. 2010: (3)(e) amended, (SB 10-175), ch. 188, p. 786, � 31, effective April 29. L. 2012: (1.7) and (1.8) added, (HB 12-1226), ch. 279, p. 1486, � 1, effective August 15. L. 2013: Entire section amended, (SB 13-111), ch. 233, p. 1119, � 3, effective May 16; (3)(d) amended, (HB 13-1314), ch. 323, p. 1804, � 30, effective March 1, 2014. L. 2014: (1), (10)(a), and (13) amended, (SB 14-098), ch. 103, p. 386, � 1, effective April 7. L. 2015: (2.5) added, (SB 15-109), ch. 278, p. 1140, � 2, effective June 5; (11)(f) amended, (SB 15-264), ch. 259, p. 952, � 40, effective August 5. L. 2016: (1), (2.5), (5), (6), (9), (10), and (13) amended and (4.5) and (10.5) added, (HB 16-1394), ch. 172, p. 545, � 2, effective July 1. L. 2017: IP and (11)(e) amended, (SB 17-242), ch. 263, p. 1307, � 142, effective May 25. L. 2019: (14) added, (SB 19-172), ch. 365, p. 3359, � 2, effective July 1. L. 2022: (11)(e) amended, (HB 22-1256), ch. 451, p. 3229, � 27, effective August 10.
Editor's note: Amendments to subsection (3)(d) by House Bill 13-1314 and
Senate Bill 13-111 were harmonized, and subsection (3)(d) was relocated to subsection (11)(d).
Cross references: For the legislative declaration in the 2013 act amending
this section, see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 19-172, see section 1 of chapter 365, Session Laws of Colorado 2019.
18-6.5-103. Crimes against at-risk persons - classifications. (1) Crimes
against at-risk persons are as prescribed in this section.
(2) Any person whose conduct amounts to criminal negligence, as defined in
section 18-1-501 (3), commits:
(a) A class 4 felony if such negligence results in the death of an at-risk
person;
(b) A class 5 felony if such negligence results in serious bodily injury to an
at-risk person; and
(c) A class 6 felony if such negligence results in bodily injury to an at-risk
person.
(3) (a) Any person who commits a crime of assault in the first degree, as such
crime is described in section 18-3-202, and the victim is an at-risk person, commits a class 4 felony if the circumstances described in section 18-3-202 (2)(a) are present and a class 2 felony if such circumstances are not present.
(b) Any person who commits a crime of assault in the second degree, as such
crime is described in section 18-3-203, and the victim is an at-risk person, commits a class 5 felony if the circumstances described in section 18-3-203 (2)(a) are present and a class 3 felony if such circumstances are not present.
(c) Any person who commits a crime of assault in the third degree, as such
crime is described in section 18-3-204, and the victim is an at-risk person, commits a class 6 felony.
(4) Any person who commits robbery, as such crime is described in section
18-4-301 (1), and the victim is an at-risk person, commits a class 3 felony. If the offender is convicted of robbery of an at-risk person, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under section 18-1.3-401 (1).
(5) Any person who commits theft, and commits any element or portion of
the offense in the presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk person, or who commits theft against an at-risk person while acting in a position of trust, whether or not in the presence of the victim, or who commits theft against an at-risk person knowing the victim is an at-risk person, whether in the presence of the victim or not, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk person by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.
(5.5) (Deleted by amendment, L. 2016.)
(6) (a) Any person who knowingly commits caretaker neglect against an at-risk person or knowingly acts in a manner likely to be injurious to the physical or
mental welfare of an at-risk person commits a class 1 misdemeanor.
(b) A person who unlawfully abandons an at-risk person commits a class 1
misdemeanor.
(7) (a) Any person who commits a crime of sexual assault, as such crime is
described in section 18-3-402, sexual assault in the first degree, as such crime was described in section 18-3-402, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 2 felony.
(b) Any person who commits a crime of sexual assault in the second degree,
as such crime was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 3 felony.
(c) Any person who commits unlawful sexual contact, as such crime is
described in section 18-3-404, or sexual assault in the third degree, as such crime was described in section 18-3-404, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 6 felony; except that the person commits a class 3 felony if the person compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4)(a), (4)(b), or (4)(c), or if the actor engages in the conduct described in section 18-3-404 (1)(g) or (1.5).
(d) Any person who commits sexual assault on a child, as such crime is
described in section 18-3-405, and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the circumstances described in section 18-3-405 (2)(a), (2)(b), (2)(c), or (2)(d) are present, the person commits a class 2 felony.
(e) Any person who commits sexual assault on a child by one in a position of
trust, as such crime is described in section 18-3-405.3, and the victim is an at-risk juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years of age or older but less than eighteen years of age.
(f) Any person who commits sexual assault on a client by a psychotherapist,
as such crime is described in section 18-3-405.5, and the victim is an at-risk person, commits a class 3 felony if the circumstances described in section 18-3-405.5 (1) exist or a class 6 felony if such circumstances are not present.
(7.5) (a) A person commits criminal exploitation of an at-risk person when he
or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value.
(b) Criminal exploitation of an at-risk person is a class 3 felony if the thing of
value is five hundred dollars or greater. Criminal exploitation of an at-risk person is a class 5 felony if the thing of value is less than five hundred dollars.
(8) (Deleted by amendment, L. 2016.)
(9) (a) A person commits false imprisonment of an at-risk person if without
proper legal authority:
(I) (A) The person knowingly confines or detains an at-risk person in a locked
or barricaded room or other space; and
(B) Such confinement or detention was part of a continued pattern of cruel
punishment or unreasonable isolation or confinement of the at-risk person; or
(II) The person knowingly and unreasonably confines or detains an at-risk
person by tying, caging, chaining, or otherwise using similar physical restraints to restrict the at-risk person's freedom of movement; or
(III) The person knowingly and unreasonably confines or detains an at-risk
person by means of force, threats, or intimidation designed to restrict the at-risk person's freedom of movement.
(b) It is an affirmative defense for any person with responsibility for the care
or supervision of an at-risk person whose conduct would otherwise constitute an offense pursuant to subsection (9)(a)(II) of this section that the conduct with respect to the at-risk person is reasonable and appropriate under the circumstances and is also reasonably necessary to promote the safety and welfare of the at-risk person.
(c) (I) False imprisonment of an at-risk person pursuant to subsection (9)(a)(I)
or (9)(a)(II) of this section is a class 6 felony.
(II) False imprisonment of an at-risk person pursuant to subsection (9)(a)(III)
of this section is a class 1 misdemeanor.
Source: L. 91: Entire article added, p. 1779, � 2, effective July 1. L. 93: Entire
section amended, p. 1733, � 24, effective July 1. L. 95: (3) amended, p. 1254, � 14, effective July 1. L. 97: (7) added, p. 1539, � 2, effective July 1. L. 98: (5) amended and (8) added, pp. 1440, 1441, �� 19, 24, effective July 1. L. 99: (6) amended, p. 799, � 20, effective July 1. L. 2000: (7)(a), (7)(b), and (7)(c) amended, p. 706, � 32, effective July 1. L. 2002: (4) amended, p. 1516, � 201, effective October 1. L. 2003: (4) amended, p. 1428, � 10, effective April 29. L. 2007: (5) amended, p. 2006, � 2, effective July 1. L. 2013: (5.5) and (7.5) added and (6) and (8) amended, (SB 13-111), ch. 233, p. 1122, � 4, effective May 16. L. 2014: (7.5) R&RE, (SB 14-098), ch. 103, p. 387, � 2, effective April 7. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 547, � 3, effective July 1. L. 2019: (6) amended and (9) added, (SB 19-172), ch. 365, p. 3359, � 3, effective July 1.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsections (5.5) and (7.5) and amending subsections (6) and (8), see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 19-172, see section 1 of chapter 365, Session Laws of Colorado 2019.
18-6.5-103.5. Video tape depositions - at-risk adult victims and witnesses.
(1) In any case in which a defendant is charged with a crime against an at-risk adult or at-risk elder, or in any case involving a victim or witness who is an at-risk adult or at-risk elder, the prosecution may file a motion with the court at any time prior to commencement of the trial for an order that a deposition be taken of the testimony of the victim or witness and that the deposition be recorded and preserved on a video imaging format.
(2) The prosecution shall file a motion requesting a recorded deposition at
least fourteen days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition. The defendant shall have the right to be present and to be represented by counsel at the deposition; except that for good cause shown, the court may permit the filing of a motion requesting a recorded deposition less than fourteen days prior to taking the deposition.
(3) (a) (I) Upon receipt of the motion, the court shall schedule the deposition
to take place within fourteen days without further findings, except for good cause shown by the prosecution if the motion asks for the deposition to be taken in less than fourteen days, if the victim is an at-risk elder.
(II) Except for depositions of at-risk elder victims as described in
subparagraph (I) of this paragraph (a), upon the filing of the motion by the prosecution stating reasons the victim or witness may be unavailable at trial, the court may order a deposition for an at-risk adult victim or witness or at-risk elder witness. Filing the motion creates a rebuttable presumption that a deposition should be taken to prevent injustice. The court may deny the motion for deposition upon a finding that granting the motion will not prevent injustice. The prosecution may file a new request for a deposition if circumstances change prior to trial.
(III) Both the prosecution and the defendant shall provide all available
discovery no later than five days before the scheduled deposition. If the discovery has not been provided as set forth in this subparagraph (III), either party may file a motion with the court to reschedule the deposition in order to obtain the necessary discovery to adequately prepare for the deposition.
(b) The deposition must be taken, preserved on a video imaging format, and
conducted pursuant to rule 15 (d) of the Colorado rules of criminal procedure; except that after consultation with the chief judge of the judicial district, the trial court may appoint an active or senior district or county court judge to serve in its place and preside over all aspects of the taking of the deposition. After the deposition is taken, the prosecution shall transmit the recording to the clerk of the court in which the action is pending.
(4) If at the time of trial the court finds that the victim or witness is medically
unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence, the court may admit the recording of the victim's or witness' deposition as former testimony under rule 804 (b)(1) of the Colorado rules of evidence.
Source: L. 2000: Entire section added, p. 416, � 1, effective April 13. L. 2004:
(3) amended, p. 422, � 1, effective August 4. L. 2013: (1) amended, (SB 13-111), ch. 233, p. 1127, � 12, effective May 16. L. 2016: Entire section amended, (HB 16-1027), ch. 179, p. 615, � 1, effective July 1.
Cross references: For the legislative declaration in the 2013 act amending
subsection (1), see section 1 of chapter 233, Session Laws of Colorado 2013.
18-6.5-104. Statutory privilege not allowed. The statutory privileges
provided in section 13-90-107 (1), C.R.S., are not available for excluding or refusing testimony in any prosecution for a crime committed against an at-risk person pursuant to this article.
Source: L. 91: Entire article added, p. 1780, � 2, effective July 1. L. 93: Entire
section amended, p. 1734, � 25, effective July 1. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 550, � 4, effective July 1.
18-6.5-105. Preferential trial dates of cases involving crimes against at-risk persons. Consistent with the constitutional right to a speedy trial, all cases
involving the commission of a crime against an at-risk person must take precedence before the court, and the court shall hear these cases as soon as possible after they are filed.
Source: L. 91: Entire article added, p. 1780, � 2, effective July 1. L. 93: Entire
section amended, p. 1735, � 26, effective July 1. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 550, � 5, effective July 1.
18-6.5-106. Payment of treatment costs for victims of crimes against at-risk persons - restitution. (1) In addition to any other penalty provided by law, the
court may order any person who is convicted of a crime against an at-risk person, as set forth in this article, to meet all or any portion of the financial obligations of treatment prescribed for the victim or victims of such person's offense.
(2) At the time of sentencing, the court may order that an offender described
in subsection (1) of this section be put on a period of probation for the purpose of paying the treatment costs of the victim or victims, which, when added to any time served, does not exceed the maximum sentence imposable for the offense.
(3) If an at-risk person has sustained monetary damages as a result of the
commission of a crime described in this article against such person, the court shall order the offender to provide restitution pursuant to article 18.5 of title 16 and article 28 of title 17, C.R.S. If, after a reasonable period not to exceed one hundred eighty-two days, the offender has not, in the opinion of the court, completed adequate restitution, the offender's probation may be revoked. However, any remaining amount of restitution continues to have the full force and effect of a final judgment and remain enforceable pursuant to article 18.5 of title 16, C.R.S.
Source: L. 91: Entire article added, p. 1780, � 2, effective July 1. L. 93: Entire
section amended, p. 1735, � 27, effective July 1. L. 2000: (3) amended, p. 1050, � 18, effective September 1. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 873, � 129, effective July 1. L. 2016: (1) and (3) amended, (HB 16-1394), ch. 172, p. 550, � 6, effective July 1.
18-6.5-107. Surcharge - collection and distribution of funds - crimes
against at-risk persons surcharge fund - creation - report. (1) Each person who is convicted of a crime against an at-risk person or who is convicted of identity theft pursuant to section 18-5-902, when the victim is an at-risk person, shall be required to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs.
(2) Surcharges pursuant to subsection (1) of this section shall be in the
following amounts:
(a) For each class 2 felony of which a person is convicted, one thousand five
hundred dollars;
(b) For each class 3 felony of which a person is convicted, one thousand
dollars;
(c) For each class 4 felony of which a person is convicted, five hundred
dollars;
(d) For each class 5 felony of which a person is convicted, three hundred
seventy-five dollars;
(e) For each class 6 felony of which a person is convicted, two hundred fifty
dollars;
(f) For each class 1 misdemeanor of which a person is convicted, two hundred
dollars;
(g) For each class 2 misdemeanor of which a person is convicted, one
hundred fifty dollars; and
(h) For each class 3 misdemeanor of which a person is convicted, seventy-five dollars.
(3) The clerk of the court shall allocate the surcharge required pursuant to
this section as follows:
(a) Five percent shall be retained by the clerk of the court for administrative
costs incurred pursuant to this subsection (3). Such amount retained shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.
(b) Ninety-five percent shall be transferred to the state treasurer, who shall
credit the same to the crimes against at-risk persons surcharge fund created pursuant to subsection (4) of this section.
(4) (a) There is created in the state treasury the crimes against at-risk
persons surcharge fund, referred to in this section as the fund, that consists of money received by the state treasurer pursuant to this section. The money in the fund is subject to annual appropriation by the general assembly to the state office on aging in the department of human services, created pursuant to section 26-11-202, C.R.S., for distribution to a fiscal agent that is an affiliate of a national organization that serves individuals affected by a disability and chronic condition across the life span and is working with the state of Colorado to implement the lifespan respite care program, referred to in this section as the fiscal agent. Provided that programs selected to receive money from the fund meet the guidelines for distribution pursuant to paragraph (b) of this subsection (4), the fiscal agent shall award money to programs selected by a statewide coalition of nonprofit or not-for-profit organizations that focus on the needs of caregivers of at-risk persons.
(b) The state office on aging in the department of human services shall
establish guidelines for the distribution of the moneys from the fund, including but not limited to:
(I) Procedures for programs to use in applying for an award of moneys from
the fund;
(II) Procedures for the fiscal agent to use in reporting to the state office on
aging pursuant to paragraph (e) of this subsection (4); and
(III) Accountability and performance standards for programs that receive
moneys from the fund.
(c) Notwithstanding any provisions of paragraph (a) of this subsection (4) to
the contrary, the fiscal agent may use a portion of the money that it receives pursuant to paragraph (a) of this subsection (4) for training and to facilitate the coordination of programs that provide respite services for caregivers of at-risk persons. The fiscal agent shall distribute the remainder of the money directly to the programs.
(d) Each program that receives moneys from the fund shall:
(I) Provide respite services that allow a caregiver to have a break from
caregiving;
(II) Have a signed agreement and protocol with the fiscal agent;
(III) Conduct a fingerprint-based criminal history record check of staff and
providers; and
(IV) Satisfy the accountability and performance standards established by the
state office on aging pursuant to subparagraph (III) of paragraph (b) of this subsection (4).
(e) The fiscal agent shall report to the state office on aging in the
department of human services on a regular basis to be specified by the state office on aging. The report shall include, but need not be limited to:
(I) A list of all programs that received moneys from the fund in the preceding
fiscal year;
(II) A description of how each program that received moneys from the fund in
the preceding fiscal year used those moneys; and
(III) Documentation demonstrating that each program that received moneys
from the fund in the preceding fiscal year satisfied all of the criteria specified in paragraph (d) of this subsection (4).
(f) The state office on aging shall not expend any moneys until the fund has
enough money to pay the expenses necessary to administer the fund.
(g) All interest derived from the deposit and investment of moneys in the
fund shall be credited to the fund. Any moneys not appropriated by the general assembly shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.
(5) The court may waive all or any portion of the surcharge required by
subsection (1) of this section if the court finds that a person convicted of a crime against an at-risk person is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against an at-risk person is financially unable to pay.
Source: L. 2012: Entire section added, (HB 12-1226), ch. 279, p. 1486, � 2,
effective August 15. L. 2016: (1), (4)(a), (4)(c), and (5) amended, (HB 16-1394), ch. 172, p. 550, � 7, effective July 1.
18-6.5-108. Mandatory reports of mistreatment of at-risk elders and at-risk adults with IDD - list of reporters - penalties. (1) (a) On and after July 1, 2016, a
person specified in paragraph (b) of this subsection (1) who observes the mistreatment of an at-risk elder or an at-risk adult with IDD, or who has reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment, shall report such fact to a law enforcement agency not more than twenty-four hours after making the observation or discovery.
(b) The following persons, whether paid or unpaid, shall report as required by
subsection (1)(a) of this section:
(I) Any person providing health care or health-care-related services,
including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; naturopathic medicine services; or physical, occupational, musical, or other therapies;
(II) Hospital and long-term care facility personnel engaged in the admission,
care, or treatment of patients;
(III) First responders including emergency medical service providers, fire
protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates;
(IV) Medical examiners and coroners;
(V) Code enforcement officers;
(VI) Veterinarians;
(VII) Psychologists, addiction counselors, professional counselors, marriage
and family therapists, and unlicensed psychotherapists, as those persons are defined in article 245 of title 12;
(VIII) Social workers, as defined in part 4 of article 245 of title 12;
(IX) Staff of case management agencies, as defined in section 25.5-6-1702
(2);
(X) Staff, consultants, or independent contractors of service agencies as
defined in section 25.5-10-202 (34), C.R.S.;
(XI) Staff or consultants for a licensed or unlicensed, certified or uncertified,
care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;
(XII) Staff of, or consultants for, a home care placement agency, as defined
in section 25-27.5-102 (5), C.R.S.;
(XIII) Persons performing case management or assistant services for at-risk
elders or at-risk adults with IDD;
(XIV) Staff of county departments of human or social services;
(XV) Staff of the state departments of human services, public health and
environment, or health care policy and financing;
(XVI) Staff of senior congregate centers or senior research or outreach
organizations;
(XVII) Staff, and staff of contracted providers, of area agencies on aging,
except attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsmen;
(XVIII) Employees, contractors, and volunteers operating specialized
transportation services for at-risk elders and at-risk adults with IDD;
(XIX) Court-appointed guardians and conservators;
(XX) Personnel at schools serving persons in preschool through twelfth
grade;
(XXI) Clergy members; except that the reporting requirement described in
paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and
(XXII) (A) Personnel of banks, savings and loan associations, credit unions,
and other lending or financial institutions who directly observe in person the mistreatment of an at-risk elder or who have reasonable cause to believe that an at-risk elder has been mistreated or is at imminent risk of mistreatment; and
(B) Personnel of banks, savings and loan associations, credit unions, and
other lending or financial institutions who directly observe in person the mistreatment of an at-risk adult with IDD or who have reasonable cause to believe that an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment by reason of actual knowledge of facts or circumstances indicating the mistreatment.
(c) A person who willfully violates subsection (1)(a) of this section commits a
class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501.
(d) Notwithstanding the provisions of paragraph (a) of this subsection (1), a
person described in paragraph (b) of this subsection (1) is not required to report the mistreatment of an at-risk elder or an at-risk adult with IDD if the person knows that another person has already reported to a law enforcement agency the same mistreatment that would have been the basis of the person's own report.
(2) (a) A law enforcement agency that receives a report of mistreatment of
an at-risk elder or an at-risk adult with IDD shall acquire, to the extent possible, the following information from the person making the report:
(I) The name, age, address, and contact information of the at-risk elder or at-risk adult with IDD;
(II) The name, age, address, and contact information of the person making
the report;
(III) The name, age, address, and contact information of the caretaker of the
at-risk elder or at-risk adult with IDD, if any;
(IV) The name of the alleged perpetrator;
(V) The nature and extent of any injury, whether physical or financial, to the
at-risk elder or at-risk adult with IDD;
(VI) The nature and extent of the condition that required the report to be
made; and
(VII) Any other pertinent information.
(b) Not more than twenty-four hours after receiving a report of mistreatment
of an at-risk elder or an at-risk adult with IDD, a law enforcement agency shall provide the report to the county department for the county in which the at-risk elder or at-risk adult with IDD resides and the district attorney's office of the location where the mistreatment occurred.
(c) The law enforcement agency shall complete a criminal investigation
when appropriate. The law enforcement agency shall provide a summary report of the investigation to the county department for the county in which the at-risk elder or at-risk adult with IDD resides and to the district attorney's office of the location where the mistreatment occurred.
(3) A person, including but not limited to a person specified in paragraph (b)
of subsection (1) of this section, who reports mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency pursuant to subsection (1) of this section is immune from suit and liability for damages in any civil action or criminal prosecution if the report was made in good faith; except that such a person is not immune if he or she is the alleged perpetrator of the mistreatment.
(4) A person, including but not limited to a person specified in subsection
(1)(b) of this section, who knowingly makes a false report of mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency commits a class 2 misdemeanor and must be punished as provided in section 18-1.3-501 and is liable for damages proximately caused thereby.
(5) The reporting duty described in subsection (1) of this section does not
create a civil duty of care or establish a civil standard of care that is owed to an at-risk elder or an at-risk adult with IDD by a person specified in paragraph (b) of subsection (1) of this section.
Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1117, � 2,
effective May 16. L. 2015: (1)(a), (1)(b)(IX), (1)(b)(XVI), (1)(d), and (2) to (5) amended, (SB 15-109), ch. 278, p. 1140, � 3, effective July 1, 2016. L. 2016: (1)(a), (1)(b)(IX), (1)(b)(XVI), (1)(d), and (2) to (5) amended, (HB 16-1394), ch. 172, p. 551, � 8, effective July 1. L. 2017: IP(1)(b) and (1)(b)(I) amended, (SB 17-106), ch. 302, p. 1649, � 7, effective August 9. L. 2018: (1)(b)(XVII) amended, (HB 18-1405), ch. 392, p. 2345, � 1, effective September 1. L. 2019: (1)(b)(VII) and (1)(b)(VIII) amended, (HB 19-1172), ch. 136, p. 1676, � 97, effective October 1. L. 2020: (1)(b)(VII) amended, (HB 20-1206), ch. 304, p. 1550, � 63, effective July 14. L. 2021: (1)(c) and (4) amended, (SB 21-271), ch. 462, p. 3193, � 263, effective March 1, 2022; (1)(b)(IX) amended, (HB 21-1187), ch. 83, p. 326, � 6, effective July 1, 2024.
Cross references: For the legislative declaration in the 2013 act adding this
section, see section 1 of chapter 233, Session Laws of Colorado 2013.
18-6.5-109. At-risk adults with intellectual and developmental disabilities
mandatory reporting implementation task force - report - repeal. (Repealed)
Source: L. 2015: Entire section added, (SB 15-109), ch. 278, p. 1137, � 1,
effective June 5.
Editor's note: Subsection (9) provided for the repeal of this section, effective
July 1, 2016. (See L. 2015, p. 1137.)
ARTICLE 7
Offenses Relating to Morals
Editor's note: This title was repealed and reenacted in 1971. For historical
information concerning the repeal and reenactment, see the editor's note following the title heading.
PART 1
OBSCENITY - OFFENSES
Editor's note: This title was repealed and reenacted in 1971, and this part 1
was subsequently repealed and reenacted in 1976, 1977, and 1981, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1981, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers prior to 1981 are shown in editor's notes following those sections that were relocated.
Cross references: For power of boards of county commissioners and
governing bodies of municipalities to regulate obscene material or performance, see �� 30-15-401 (1)(c) and 31-15-401 (1)(g).
C.R.S. § 18-8-307
18-8-307. Designation of supplier prohibited. (1) No public servant shall require or direct a bidder or contractor to deal with a particular person in procuring any goods or service required in submitting a bid to or fulfilling a contract with any government.
(2) Any provision in invitations to bid or any contract documents prohibited
by this section are against public policy and void.
(3) It shall be an affirmative defense that the defendant was a public servant
acting within the scope of his authority exercising the right to reject any material, subcontractor, service, bond, or contract tendered by a bidder or contractor because it does not meet bona fide specifications or requirements relating to quality, availability, form, experience, or financial responsibility.
(4) Any public servant who violates the provisions of subsection (1) of this
section commits a class 5 felony.
Source: L. 71: R&RE, p. 460, � 1. C.R.S. 1963: � 40-8-307. L. 73: p. 539, � 7. L.
89: (4) amended, p. 840, � 82, effective July 1. L. 2023: (4) amended, (HB 23-1293), ch. 298, p. 1788, � 30, effective October 1.
Cross references: For affirmative defenses generally, see �� 18-1-407, 18-1-710, and 18-1-805.
C.R.S. § 18-9-109
18-9-109. Interference with staff, faculty, or students of educational institutions. (1) No person shall, on or near the premises or facilities of any educational institution, willfully deny to students, school officials, employees, and invitees:
(a) Lawful freedom of movement on the premises;
(b) Lawful use of the property or facilities of the institution;
(c) The right of lawful ingress and egress to the institution's physical
facilities.
(2) No person shall, on the premises of any educational institution or at or in
any building or other facility being used by any educational institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties or willfully impede a student of the institution in the lawful pursuit of his educational activities through the use of restraint, abduction, coercion, or intimidation or when force and violence are present or threatened.
(3) No person shall willfully refuse or fail to leave the property of or any
building or other facility used by any educational institution upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the school premises and in its facilities, or a dean of such educational institution, if such person is committing, threatens to commit, or incites others to commit any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution.
(4) It shall be an affirmative defense that the defendant was exercising his
right to lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an educational institution and its employees, any contractor or subcontractor, or any employee thereof.
(5) (a) Any person who violates any of the provisions of this section, except
subsection (1) or (6) of this section, commits a class 2 misdemeanor.
(b) A person who violates subsection (1) of this section commits a petty
offense.
(6) (a) A person shall not knowingly make or convey to another person a
credible threat to cause death or to cause bodily injury with a deadly weapon against:
(I) A person the actor knows or believes to be a student, school official, or
employee of an educational institution; or
(II) An invitee who is on the premises of an educational institution.
(b) For purposes of this subsection (6), credible threat means a threat or
physical action that would cause a reasonable person to be in fear of bodily injury with a deadly weapon or death.
(c) A person who violates this subsection (6) commits a class 1 misdemeanor.
(7) For purposes of this section, the premises, facilities, and buildings of an
educational institution do not include the private residence of a student who is participating in online instruction, as defined in section 22-1-131 (2).
Source: L. 71: R&RE, p. 468, � 1. C.R.S. 1963: � 40-9-109. L. 73: p. 539, � 8. L.
2005: (5) amended and (6) added, p. 1499, � 4, effective July 1. L. 2021: (7) added, (HB 21-1059), ch. 200, p. 1061, � 3, effective May 28; (5) amended, (SB 21-271), ch. 462, p. 3202, � 312, effective March 1, 2022.
Cross references: For affirmative defenses generally, see �� 18-1-407, 18-1-710, and 18-1-805.
C.R.S. § 18-9-313
18-9-313. Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Child representative means:
(I) An employee of or contractor with the office of the child's representative
created in section 13-91-104; or
(II) The staff of contractors with the office of the child's representative who
are members of an attorney's legal team who assist with the attorney's legal representation of children, youth, and juveniles.
(b) Code enforcement officer means a municipal, county, or city and county
employee or contractor who is responsible for the administration and enforcement of land use, zoning regulations, building codes, health codes, floodplain regulations, and other similar health and safety codes.
(b.5) Educator means a teacher, principal, administrator, special services
provider, and an education support professional, as defined in section 22-2-502 (1.5).
(c) Exempt party means any party to the record, a settlement service, a
title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.
(c.5) Firefighter has the same meaning as set forth in section 18-3-201 (1.5).
(d) Health-care worker means a licensed health-care provider, or an
employee, contracted health-care provider, or individual serving in a governance capacity of a health-care facility licensed pursuant to section 25-1.5-103.
(e) Human services worker means:
(I) A state or county employee, or an attorney representing the state or
county, who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect pursuant to article 3 of title 19, and a state or county support staff person who has contact with the public relating to these allegations;
(II) A state or county employee, or an attorney representing the state or
county, who is engaged in investigating or taking legal action regarding allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26, and a state or county support staff person who has contact with the public relating to these allegations;
(III) A state or county employee, including a county attorney or an employee
of a person under contract with a state or county, who is engaged in establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26, and a state or county support staff person who has contact with the public relating to these duties;
(IV) A state or county employee, including a county attorney, who is engaged
in determining eligibility for or investigating fraud in public programs established in article 2 of title 26, and who has contact with the public relating to these duties; or
(V) An employee of a juvenile detention facility established and operated
pursuant to section 19-2.5-1502 or an employee of the division of youth services within the department of human services, including an employee under contract with the division of youth services, who has contact with juveniles involved with youth services.
(f) Immediate family means a protected person's spouse, child, or parent or
any other blood relative who lives in the same residence as the protected person.
(g) Judge has the same meaning as defined by section 18-8-615 (3).
(h) Mortgage servicer has the same meaning as set forth in section 5-21-103 (4).
(i) Office of the respondent parents' counsel staff member or contractor
means:
(I) An employee of the office of the respondent parents' counsel created in
section 13-92-103;
(II) An attorney licensed and in good standing in the state of Colorado to
practice law who contracts with the office of the respondent parents' counsel to represent indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19; or
(III) A social worker, family advocate, or peer advocate who contracts with
the office of the respondent parents' counsel to assist attorneys in the representation of indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19.
(j) Participant in the address confidentiality program means an individual
accepted into the address confidentiality program in accordance with part 21 of article 30 of title 24.
(k) Peace officer has the same meaning as described in section 16-2.5-101.
(l) Personal information means the home address, home telephone number,
personal mobile telephone number, pager number, personal email address, or a personal photograph of a participant in the address confidentiality program or protected person; directions to the home of a participant in the address confidentiality program or protected person; or photographs of the home or vehicle of a participant in the address confidentiality program or protected person.
(m) Prosecutor has the same meaning as defined in section 18-8-616 (3).
(n) Protected person means an educator, a code enforcement officer, a
human services worker, a public health worker, a child representative, a health-care worker, a reproductive health-care services worker, an officer or agent of the state bureau of animal protection, an animal control officer, an office of the respondent parents' counsel staff member or contractor, a judge, a peace officer, a prosecutor, a public defender, a public safety worker, or a firefighter.
(o) Public defender means an attorney employed by the office of the state
public defender created in section 21-1-101, or an attorney employed by the office of alternate defense counsel created in section 21-2-101.
(p) Public health worker means:
(I) An employee, a contractor, or an employee of a contractor of the
department of public health and environment, created in section 25-1-102, who is engaged in public health duties, as described in section 25-1.5-101;
(II) An employee, a contractor, or an employee of a contractor of a county or
district public health agency, as defined in section 25-1-502, who is engaged in public health duties, as described in section 25-1-506; or
(III) A member of a county or district board of health, other than an elected
county commissioner.
(q) Public safety worker means:
(I) An employee, a contractor, or an employee of a contractor of the
department of corrections who has contact with persons in the custody of the department of corrections or with the family or associates of such persons;
(II) A noncertified deputy sheriff or detention officer, as described in section
16-2.5-103 (2), who has contact with inmates; or
(III) An employee, a contractor, or an employee of a contractor of a
community corrections program, as defined in section 17-27-102, who has contact with offenders in a community corrections program.
(q.5) Reproductive health-care services worker means a patient who
relocated to Colorado, a provider, or an employee of an organization that provides or assists individuals in accessing a legally protected health-care activity, as defined in section 12-30-121 (1)(d).
(r) Settlement service has the same meaning as set forth in section 10-11-102 (6.7)(a) to (6.7)(f).
(s) Title insurance agency has the same meaning as set forth in section 10-11-102 (8.5).
(t) Title insurance company has the same meaning as set forth in section
10-11-102 (10).
(2) Repealed.
(2.5) An address confidentiality program participant may submit a written
request to a state or local government official and follow the process in section 24-30-2108, C.R.S., including the presentation of a valid address confidentiality program authorization card. If a state or local government official has received the above information, then the state or local government official shall not knowingly make available on the internet personal information about such participant in the address confidentiality program or the actual address, as defined in section 24-30-2103 (1), C.R.S., of such participant in the address confidentiality program.
(2.7) It is unlawful for a person to knowingly make available on the internet
personal information about a protected person or the protected person's immediate family if the dissemination of personal information poses an imminent and serious threat to the protected person's safety or the safety of the protected person's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.
(2.8) (a) A protected person may submit a written request pursuant to
subsection (2.8)(b) of this section to a state or local government official to remove personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the protected person or the protected person's immediate family.
(b) A protected person's written request to a state or local government
official to remove personal information from records that the official makes available on the internet must include:
(I) The protected person's full name and home address;
(II) Evidence that the person submitting the request is a protected person;
and
(III) An affirmation stating under penalty of perjury that the person
submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the person's safety or the safety of the person's immediate family.
(c) An exempt party may access a record that includes information otherwise
subject to redaction pursuant to subsection (2.8)(b) of this section, and that is maintained by the county recorder, county assessor, or county treasurer, if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.
(d) Each county recorder, county assessor, or county treasurer shall grant an
exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.
(3) A violation of subsection (2.7) of this section is a class 1 misdemeanor.
Source: L. 2002: Entire section added, p. 1139, � 1, effective July 1. L. 2003:
(2) amended, p. 1616, � 14, effective August 6. L. 2009: (1) and (2) amended, (HB 09-1316), ch. 313, p. 1696, � 1, effective May 21. L. 2015: (1)(a.9) and (2.5) added and (1)(b) amended, (HB 15-1174), ch. 42, p. 103, � 1, effective March 20; (1)(a.5) amended, (HB 15-1229), ch. 239, p. 885, � 2, effective May 29. L. 2019: (1) and (3) amended and (2.7) and (2.8) added, (HB 19-1197), ch. 95, p. 349, � 1, effective April 11. L. 2020: (1)(a), (1)(b), (1)(e), (2.7), and (2.8) amended, (HB 20-1052), ch. 77, p. 315, � 1, effective September 14. L. 2021: IP(1), (1)(b) (1)(e), (2.7), and (2.8) amended and (1)(f) and (1)(g) added, (HB 21-1107), ch. 153, p. 876, � 1, effective May 18; IP(1), (1)(b), (1)(e), (2.7), (2.8), and (3) amended, (1)(b.5), (1)(d.5), (1)(e.5), (1)(f), (1)(f.6), and (1)(h) added, and (1)(c) and (2) repealed, (HB 21-1015), ch. 311, p. 1899, � 1, effective June 24; (1)(a)(V) amended, (SB21-059), ch. 136, p. 724, � 55, effective October 1. L. 2022: (1) and (2.8)(b) amended and (2.8)(c) and (2.8)(d) added, (HB 22-1041), ch. 39, p. 207, � 1, effective March 24; (1)(b.5) added and (1)(n) amended, (SB 22-171), ch. 240, p. 1781, � 1, effective May 26. L. 2023: (1)(d) and (1)(n) amended and (1)(q.5) added, (SB 23-188), ch. 68, p. 247, � 15, effective April 14. L. 2024: (1)(c.5) added and (1)(n) amended, (HB 24-1104), ch. 64, p. 214, � 1, effective August 7.
Editor's note: Amendments to subsections (1)(b), (1)(e), and (1)(f) by HB 21-1107 and HB 21-1015 were harmonized.
Cross references: For the legislative declaration in SB 23-188, see section 1
of chapter 68, Session Laws of Colorado 2023.
C.R.S. § 18-9-313.5
18-9-313.5. Personal information on the internet - election officials - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Election duties means activities required or authorized by law to
conduct public elections pursuant to the Uniform Election Code of 1992, articles 1 to 13 of title 1; the Colorado Local Government Election Code, article 13.5 of title 1; the Colorado Municipal Election Code of 1965, article 10 of title 31; or parts 8 and 9 of article 1 of title 32.
(b) Election official means a county clerk and recorder, a municipal clerk,
an election judge, a member of a canvassing board, a member of a board of county commissioners, a member or secretary of a board of directors authorized to conduct public elections, a representative of a governing body, or any other person contracting for or engaged in the performance of election duties. Election official includes any person who is an election worker.
(c) Election worker means a county clerk and recorder, a person currently
employed by a county to perform election duties, a municipal clerk, a person currently employed by a municipal government to perform election duties, the secretary of state, and a person currently employed by the secretary of state to perform election duties. Election worker does not include an election judge or a temporary employee of a county, municipal government, or the secretary of state.
(d) Exempt party means any party to the record, a settlement service, a
title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.
(e) Immediate family means:
(I) An election official's spouse, child, or parent; or
(II) Any other person who lives in the same residence as the election official.
(f) Mortgage servicer has the same meaning as set forth in section 5-21-103 (4).
(g) Personal information means a person's home address, home telephone
number, personal mobile telephone number, pager number, or personal email address; a photograph of a person; directions to a person's home; or a photograph or description of a person's home, vehicle, or vehicle license plate.
(h) Settlement service means a service listed in section 10-11-102 (6.7)(a) to
(6.7)(f).
(i) Title insurance agency has the same meaning as set forth in section 10-11-102 (8.5).
(j) Title insurance company has the same meaning as set forth in section
10-11-102 (10).
(2) (a) It is unlawful for a person to knowingly make available on the internet
personal information about an election official or an election official's immediate family if the dissemination of personal information poses an imminent and serious threat to the safety of the election official or the election official's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.
(b) A violation of this subsection (2) is a class 1 misdemeanor.
(3) (a) An election worker may submit a written request pursuant to
subsection (3)(b) of this section to a state or local government official to remove the election worker's personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the election worker.
(b) An election worker's written request to a state or local government
official to remove personal information from records that the official makes available on the internet must include:
(I) The election worker's full name and home address;
(II) Evidence that the person submitting the request is an election worker;
and
(III) An affirmation stating under penalty of perjury that the election worker
submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the safety of the election worker.
(c) An exempt party may access a record that includes information otherwise
subject to redaction pursuant to subsection (3)(b) of this section and that is maintained by the county recorder, county assessor, or county treasurer if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.
(d) Each county recorder, county assessor, or county treasurer shall grant an
exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.
Source: L. 2022: Entire section added, (HB 22-1273), ch. 324, p. 2292, � 2,
effective June 2.
C.R.S. § 19-1-103
19-1-103. Definitions. As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:
(1) (a) Abuse or child abuse or neglect, as used in part 3 of article 3 of
this title 19, means an act or omission in one of the following categories that threatens the health or welfare of a child:
(I) Any case in which a child exhibits evidence of skin bruising, bleeding,
malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained, the history given concerning such condition is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition may not be the product of an accidental occurrence;
(II) Any case in which a child is subjected to unlawful sexual behavior as
defined in section 16-22-102 (9);
(III) Any case in which a child is in need of services because the child's
parent, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subsection (1)(a)(III) are subject to the provisions of section 19-3-103.
(IV) Any case in which a child is subjected to emotional abuse. As used in this
subsection (1)(a)(IV), emotional abuse means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development.
(V) Any act or omission described in section 19-3-102 (1)(a), (1)(b), or (1)(c);
(VI) Any case in which, in the presence of a child, or on the premises where a
child is found, or where a child resides, a controlled substance, as defined in section 18-18-102 (5), is manufactured or attempted to be manufactured;
(VII) Any case in which a child is born affected by alcohol or substance
exposure, except when taken as prescribed or recommended and monitored by a licensed health-care provider, and the newborn child's health or welfare is threatened by substance use;
(VIII) Any case in which a child is subjected to human trafficking of a minor
for involuntary servitude, as described in section 18-3-503, or human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2).
(b) In all cases, those investigating reports of child abuse shall take into
account accepted child-rearing practices of the culture in which the child participates, including but not limited to accepted work-related practices of agricultural communities. Nothing in this subsection (1) refers to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2.5-209 that are performed by a peace officer, as described in section 16-2.5-101, acting in the good-faith performance of the officer's duties.
(2) Adjudication has the same meaning as set forth in section 19-2.5-102.
(3) Adjudicatory hearing means a hearing to determine whether the
allegations of a petition in dependency and neglect are supported by the evidence.
(4) Adjudicatory trial means a trial to determine whether the allegations of
a petition in delinquency are supported by the evidence.
(5) Administrative review means a review conducted by the department of
human services that is open to the participation of the parents of the child and conducted by an administrative reviewer who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.
(6) Adoptee, as used in part 3 of article 5 of this title 19, means a person
who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.
(7) (a) Adoption record, as used in part 3 of article 5 of this title 19, with the
exception of section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information:
(I) The adoptee's original birth certificate and amended birth certificate;
(II) The final decree of adoption;
(III) Nonidentifying information, as defined in subsection (103) of this section;
(IV) The final order of relinquishment; and
(V) The order of termination of parental rights.
(b) Adoption record, as used in section 19-5-305 (2)(b)(I) to (2)(b)(IV), means
the following documents and information, without redaction:
(I) The adoptee's original birth certificate and amended birth certificate;
(II) The final decree of adoption;
(III) Any identifying information, such as the name of the adoptee before
placement in adoption; the name and address of each birth parent as they appear in the birth records; the name, address, and contact information of the adult adoptee; and the current name, address, and contact information of each birth parent, if known, or other information that might personally identify a birth parent;
(IV) Any nonidentifying information, as defined in subsection (103) of this
section;
(V) The final order of relinquishment; and
(VI) The order of termination of parental rights.
(c) Adoption record, as used in either subsection (7)(a) or (7)(b) of this
section, must not include pre-relinquishment counseling records, which must remain confidential.
(8) Adoption triad means the three parties involved in an adoption: The
adoptee, the birth parent, and the adoptive parent.
(9) Adoptive parent, as used in parts 3 and 4 of article 5 of this title 19,
means an adult who has become a parent of a minor through the legal process of adoption.
(10) Adult means a person eighteen years of age or older; except that any
person eighteen years of age or older who is under the continuing jurisdiction of the court, who is before the court for an alleged delinquent act committed prior to the person's eighteenth birthday, or concerning whom a petition has been filed for the person's adoption other than pursuant to this title 19 must be referred to as a juvenile.
(11) Adult adoptee, as used in parts 3 and 4 of article 5 of this title 19,
means an individual who is eighteen years of age or older and who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.
(12) Appropriate treatment plan, as used in section 19-3-508 (1)(e), means a
treatment plan approved by the court that is reasonably calculated to render the particular respondent fit to provide adequate parenting to the child within a reasonable time and that relates to the child's needs.
(13) Assessment center for children, as used in part 3 of this article 1,
means a multi-disciplinary, community-based center that provides services to children and their families, including, but not limited to, detention, screening, case management, and therapeutic intervention relating to delinquency, abuse or neglect, family conflict, and truancy.
(14) Basic identification information, as used in article 2.5 of this title 19,
means the name, place and date of birth, last-known address, social security number, occupation and address of employment, last school attended, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.
(15) Biological parent or birth parent, as used in part 3 of article 5 of this
title 19, means a parent, by birth, of an adopted person.
(16) Biological sibling, as used in part 3 of article 5 of this title 19, means a
sibling, by birth, of an adopted person. Biological sibling, as used in part 3 of article 5 of this title 19, for purposes of the definition of sibling group, as defined in subsection (127) of this section, means a brother, sister, or half-sibling of a child who is being placed in foster care or being placed for adoption.
(17) Birth parents, as used in part 4 of article 5 of this title 19, means
genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. Birth parents includes a man who is the parent of a child as established in accordance with the provisions of the Uniform Parentage Act, article 4 of this title 19, prior to the termination of parental rights.
(18) Repealed.
(19) Case management purposes means assessments, evaluations,
treatment, education, proper disposition or placement of the child, interagency coordination, and other services that are incidental to the administration of the program and in the best interests of the child.
(20) Chief justice, as used in part 3 of article 5 of this title 19, means the
chief justice of the Colorado supreme court.
(21) Child means a person under eighteen years of age.
(22) Repealed.
(23) Child advocacy center, as used in part 3 of article 3 of this title 19,
means a center that provides a comprehensive multidisciplinary team response to allegations of child abuse or neglect in a dedicated, child-friendly setting. The team response to allegations of child abuse or neglect includes but is not limited to technical assistance for forensic interviews, forensic medical examinations, mental health and related support services, consultation, training, and education.
(24) Child care center means a child care center licensed and approved
pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5. If the facility is located in another state, the department of human services or the department of early childhood, as appropriate, shall designate, upon certification, that an appropriate available space does not exist in a child care facility in this state, and the facility must be licensed or approved as required by law in that state.
(25) Child placement agency means an agency licensed or approved
pursuant to law. If such agency is located in another state, it must be licensed or approved as required by law in that state.
(26) Child protection team, as used in part 3 of article 3 of this title 19,
means a multidisciplinary team consisting, where possible, of a physician; a representative of the juvenile court or the district court with juvenile jurisdiction; a representative of a local law enforcement agency; a representative of the county department of human or social services; a representative of a mental health clinic; a representative of a county, district, or municipal public health agency; an attorney; a representative of a public school district; and one or more representatives of the lay community, at least one of whom must be a person who serves as a foster parent in the county. Each public agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each public agency has only one vote. In no event must an attorney member of the child protection team be appointed as guardian ad litem or counsel for youth for the child or youth or as counsel for the parents at any subsequent court proceedings. The child protection team must never be composed of fewer than three persons. When any racial, ethnic, or linguistic minority group constitutes a significant portion of the population of the jurisdiction of the child protection team, a member of each such minority group must serve as an additional lay member of the child protection team. At least one of the preceding members of the team must be chosen on the basis of representing low-income families. The role of the child protection team is advisory only.
(27) Repealed.
(28) Commercial sexual exploitation of a child means a crime of a sexual
nature committed against a child for financial or other economic reasons.
(29) Commit, as used in article 2.5 of this title 19, means to transfer legal
custody.
(30) Community placement means the placement of a child for whom the
department of human services or a county department has placement and care responsibility pursuant to article 2.5 or 3 of this title 19 in any licensed or certified twenty-four-hour nonsecure care and treatment facility away from the child's parent or guardian. Community placement includes but is not limited to placement in a foster care home, group home, residential child care facility, or residential treatment facility.
(31) Complainant, as used in section 19-3-211, means any person who was
the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department of human or social services in accordance with the provisions of section 19-3-211.
(32) Confidential intermediary, as used in part 3 of article 5 of this title 19,
means a person twenty-one years of age or older who has completed a training program for confidential intermediaries that meets the standards set forth by the commission pursuant to section 19-5-303 and who is authorized to inspect confidential relinquishment and adoption records at the request of an adult adoptee, adoptive parent, biological parent, or biological sibling.
(33) Confirmed, as used in part 3 of article 3 of this title 19, means any
report made pursuant to article 3 of this title 19 that is found by a county department of human or social services, law enforcement agency, or entity authorized to investigate institutional abuse to be supported by a preponderance of the evidence.
(34) Consent, as used in part 3 of article 5 of this title 19, means voluntary,
informed, written consent. When used in the context of confidential intermediaries, consent always must be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. Consent may also mean the agreement for contact or disclosure of records by any of the parties identified in section 19-5-304 (2) as a result of an inquiry by a confidential intermediary pursuant to section 19-5-304.
(35) Consent form, as used in section 19-5-305 (3), means a verified
written statement signed by an adult adoptee or an adult adoptee's consenting birth parent or an adoptive parent of a minor adoptee, and notarized, and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency.
(36) Contact information means information supplied voluntarily by a birth
parent on a contact preference form, including the name of the birth parent at the time of relinquishment of the adoptee; the alias, if any, used at the time of relinquishment of the adoptee; and the current name, current address, and current telephone number of the birth parent.
(37) Contact preference form means a written statement signed by a birth
parent indicating whether the birth parent prefers future contact with an adult adoptee, an adult descendant of the adoptee, or a legal representative of the adoptee or the descendant and, if contact is preferred, whether the contact should be through a confidential intermediary or a designated employee of a child placement agency.
(38) Continuously available, as used in section 19-3-308 (4), means the
assignment of a person to be near an operable telephone not necessarily located on the premises ordinarily used for business by the county department of human or social services or to have such arrangements made through agreements with local law enforcement agencies.
(39) Convicted or conviction, as used in section 19-5-105.5, means a plea
of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence pursuant to section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court, or having received a disposition as a juvenile or having been adjudicated a juvenile delinquent based on the commission of any act that constitutes sexual assault, as defined in subsection (124) of this section.
(40) Cost of care means the cost to the department of human services or
the county department of human or social services for a child placed out of the home; or the cost to the department of human services or the county department of human or social services charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses for a child placed out of the home; or the cost to the department of human services or the county department of human or social services for a juvenile sentenced to a placement out of the home as determined by the court. As used in this title 19, cost of care also includes any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole.
(41) Counsel means an attorney-at-law who acts as a person's legal advisor
or who represents a person in court.
(41.5) Counsel for youth means an attorney-at-law who provides
specialized client-directed legal representation for a child or youth and who owes the same duties, including undivided loyalty, confidentiality, and competent representation, to the child or youth as is due an adult client. Counsel for youth does not mean defense counsel for a juvenile pursuant to article 2.5 of this title 19.
(42) County attorney means the office of the county attorney or city
attorney representing a county or a city and county and includes the attorneys employed or retained by such county or city and county.
(43) (a) County department, as used in this article 1; part 2, part 3, and part
7 of article 3 of this title 19; part 2 of article 5 of this title 19; and part 3 of article 7 of this title 19, means the county or district department of human or social services.
(b) County department means a county or a city and county department of
human or social services.
(44) County director, as used in section 19-3-211 and part 3 of article 3 of
this title 19, means the county director or district director appointed pursuant to section 26-1-117.
(45) Court, as used in part 3 of article 5 of this title 19, means any court of
record with jurisdiction over the matter at issue.
(46) Court-appointed special advocate or CASA volunteer means a
volunteer appointed by a court pursuant to part 2 of this article 1 to assist in advocacy for children.
(47) Court-appointed special advocate program or CASA program means
a program established pursuant to part 2 of this article 1.
(48) Criminal justice agency, as used in this section, has the same meaning
as set forth in section 24-72-302 (3).
(49) Custodial adoption, as used in part 2 of article 5 of this title 19, means
an adoption of a child by any person and the person's spouse, as required pursuant to section 19-5-202 (3), who:
(a) Has been awarded custody or allocated parental responsibilities by a
court of law in a dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been awarded guardianship of the child by a court of law in a probate action, such as pursuant to part 2 of article 14 of title 15; and
(b) Has had physical custody of the child for a period of one year or more.
(50) Custodian means a person who has been providing shelter, food,
clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court.
(51) (a) (I) Custodian of records, as used in sections 19-5-305 (2) and 19-5-305.5, means any of the following individuals or entities that have custody of
records relating to the relinquishment or adoption of a child:
(A) A court;
(B) A state agency; or
(C) The legal agent or representative of any entity described in subsections
(51)(a)(I)(A) and (51)(a)(I)(B) of this section.
(II) Custodian of records, as used in sections 19-5-305 (2) and 19-5-305.5,
does not include a licensed child placement agency.
(b) Custodian of records, as used in section 19-5-109, means an entity that
has custody of records relating to the relinquishment of a child, including a court, state agency, licensed child placement agency, maternity home, or the legal agent or representative of any such entity.
(52) Delinquent act, as used in article 2.5 of this title 19, means a violation
of any statute, ordinance, or order enumerated in section 19-2.5-103. If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense is determined by the statute, ordinance, or order that the petition alleges was violated. Delinquent act does not include truancy or habitual truancy.
(53) Department or state department means the state department of
human services created in section 24-1-120.
(53.5) Dependent on the court means a youth is under the juvenile court's
jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in subsection (1) of this section; and the youth is in need of oversight and supportive services as determined by the court.
(54) Designated adoption means an adoption in which:
(a) The birth parent or parents designate a specific applicant with whom they
wish to place their child for purposes of adoption; and
(b) The anonymity requirements of section 19-1-309 are waived.
(55) Detention means the temporary care of a child who requires secure
custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment. The placement of a juvenile in a state-owned psychiatric residential treatment facility, as defined in section 26-6-903, is not considered detention.
(55.5) Diminished capacity means a child or youth who lacks sufficient
capacity to communicate or make considered decisions adequately in connection with the child's or youth's legal representation. Age or developmental maturity must not be the sole basis for a determination of diminished capacity.
(56) Director, as used in article 2.5 of this title 19, is defined in section 19-2.5-102.
(57) Disability has the same meaning as set forth in the federal Americans
with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(58) Dispositional hearing means a hearing to determine what order of
disposition should be made concerning a child who is neglected or dependent. The hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing.
(59) Diversion has the same meaning as set forth in section 19-2.5-102.
(60) Division of youth services or division means the division of youth
services, created in section 19-2.5-1501.
(61) Donor, as used in article 4 of this title 19, means an individual who
produces eggs or sperm used for an assisted reproductive procedure, whether or not for consideration. Donor does not include an intended parent pursuant to section 19-4-106 (1) or (5) or section 19-4.5-109 or a spouse or civil union partner who provides reproductive tissue to be used for an assisted reproductive procedure by the other spouse or civil union partner.
(61.5) Effective communication has the same meaning as set forth in the
federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, and its related amendments and implementing regulations.
(62) Executive director, as used in article 3.3 of this title 19 and part 3 of
article 7 of this title 19, means the executive director of the department of human services.
(63) Expungement, as used in section 19-1-306, means the designation of
juvenile delinquency records whereby such records are deemed never to have existed.
(64) Family child care home means a family child care home licensed and
approved pursuant to part 3 of article 5 of title 26.5. If the facility is located in another state, the department of early childhood shall designate, upon certification, that an appropriate available space does not exist in a facility in this state. An out-of-state family child care home must be licensed or approved as required by law in that state.
(64.5) Family time means any form of contact or engagement between
parents, legal custodians, guardians, siblings, and children or youth for the purposes of preserving and strengthening family ties.
(65) Fire investigator means a person who:
(a) Is an officer or member of a fire department, fire protection district, or
firefighting agency of the state or any of its political subdivisions;
(b) Is engaged in conducting or is present for the purpose of engaging in the
conduct of a fire investigation; and
(c) Is either a volunteer or is compensated for services rendered by the
person.
(66) Foster care means the placement of a child or youth into the legal
custody or legal authority of a county department of human or social services for physical placement of the child or youth in a kinship care placement; supervised independent living placement, as defined in section 19-7-302; or certified or licensed facility, or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement.
(67) Foster care home means a foster care home certified pursuant to part
9 of article 6 of title 26.
(68) Foster care prevention services means mental health and substance
abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal Family First Prevention Services Act that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement.
(69) Governing body, as used in section 19-3-211, means the board of
county commissioners of a county or the city council of a city and county.
(70) (a) Grandparent means a person who is the parent of a child's father or
mother, who is related to the child by blood, in whole or by half, adoption, or marriage.
(b) Repealed.
(71) Repealed.
(72) Grievance, as used in section 19-3-211, means a dispute between a
complainant and a county department of human or social services concerning the conduct of county department personnel in performing their duties pursuant to article 3 of this title 19.
(73) Group care facilities and homes means places other than foster family
care homes providing care for small groups of children. Group care facilities and homes are licensed as provided in part 9 of article 6 of title 26 or meet the requirements of section 25.5-10-214.
(74) Guardian ad litem means a person appointed by a court to act in the
best interests of a person whom the person appointed is representing in proceedings pursuant to this title 19 and who, if appointed to represent a person in a dependency and neglect proceeding pursuant to article 3 of this title 19, must be an attorney-at-law licensed to practice in Colorado.
(75) Guardianship of the person means the duty and authority vested by
court action to make major decisions affecting a child, including but not limited to:
(a) The authority to consent to marriage, to enlistment in the armed forces,
and to medical or surgical treatment;
(b) The authority to represent a child in legal actions and to make other
decisions of substantial legal significance concerning the child;
(c) The authority to consent to the adoption of a child when the parent-child
legal relationship has been terminated by judicial decree; and
(d) The rights and responsibilities of legal custody when legal custody has
not been vested in another person, agency, or institution.
(76) Half-sibling has the same meaning as set forth for biological sibling
in subsection (16) of this section.
(77) Human trafficking of a minor for involuntary servitude means an act as
described in section 18-3-503.
(78) Human trafficking of a minor for sexual servitude means an act as
described in section 18-3-504 (2).
(79) Identifying means giving, sharing, or obtaining information.
(80) Identifying information, as used in section 19-5-305 (3), means copies
of any adoption records, as that term is defined in subsection (7) of this section, that are in the possession of the child placement agency. Identifying information also includes the name of the adoptee before placement in adoption; the name and address of each consenting birth parent as they appear in the birth records; the current name, address, and telephone number of the adult adoptee; and the current name, address, and telephone number of each consenting birth parent to the extent such information is available to the child placement agency.
(81) Imminent placement out of the home, as used in section 19-1-116 (2),
means that without intercession the child will be placed out of the home immediately.
(82) Independent living means a form of placement out of the home
arranged and supervised by the county department of human or social services where the child is established in a living situation designed to promote and lead to the child's emancipation. Independent living must only follow some other form of placement out of the home.
(83) Indian child has the same meaning as set forth in section 19-1.2-103.
(84) Indian child's tribe has the meaning determined pursuant to section
19-1.2-108.
(85) Indian tribe has the same meaning as set forth in section 19-1.2-103.
(86) Institutional abuse, as used in part 3 of article 3 of this title 19, means
any case of abuse, as defined in subsection (1) of this section, that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. Institutional abuse includes an act or omission that threatens the life, health, or welfare of a child or a person who is younger than twenty-one years of age who is under the continuing jurisdiction of the court pursuant to this title 19. Institutional abuse does not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided is institutional abuse. As used in this subsection (86), facility means a residential child care facility, specialized group facility, foster care home, or any other facility licensed pursuant to part 9 of article 6 of title 26; family child care home licensed pursuant to part 3 of article 5 of title 26.5; noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department of human or social services; or a facility or community placement, as described in section 19-2.5-1502, for a juvenile committed to the custody of the department of human services. Facility does not include any adult detention or correctional facility.
(87) Intrafamilial abuse, as used in part 3 of article 3 of this title 19, means
any case of abuse, as defined in subsection (1) of this section, that occurs within a family context by a child's parent, stepparent, guardian, legal custodian, or relative; by a spousal equivalent, as defined in subsection (130) of this section; or by any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising authority over or care for the child; except that intrafamilial abuse does not include abuse by a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.
(88) Juvenile means a child as defined in subsection (21) of this section.
(89) Juvenile court or court means the juvenile court of the city and
county of Denver or the juvenile division of the district court outside of the city and county of Denver.
(90) Juvenile delinquent has the same meaning as set forth in section 19-2.5-102.
(91) Kin may be a relative of the child, a person ascribed by the family as
having a family-like relationship with the child, or a person who has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.
(92) Kinship adoption, as used in part 2 of article 5 of this title 19, means an
adoption of a child by a relative of the child and such relative's spouse, as required pursuant to section 19-5-202 (3), who:
(a) Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first
cousin; and
(b) Has had physical custody of the child for a period of one year or more and
the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title 19.
(92.5) Language access means services provided by a court, the state
department, a county department of human or social services, a city and county, or a private-entity contractor in the person's primary language for a person with limited English proficiency.
(93) Law enforcement officer means a peace officer, as described in
section 16-2.5-101.
(94) (a) Legal custody means the right to the care, custody, and control of
a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care. Legal custody may be taken from a parent only by court action.
(b) For purposes of determining the residence of a child as provided in
section 22-1-102 (2)(b), guardianship is in the person to whom legal custody has been granted by the court.
(95) (a) Legal representative, as used in sections 19-5-304 and 19-5-305,
means the person designated by a court to act on behalf of any person described in section 19-5-304 (1)(b)(I) or 19-5-305 (2).
(b) For purposes of the term legal representative, as used in sections 19-5-304 and 19-5-305 and as defined in subsection (95)(a) of this section, legal
guardian does not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity.
(95.5) Limited English proficiency means the limited ability to speak, read,
write, or understand the English language for a person whose primary language is not English.
(96) Local law enforcement agency, as used in part 3 of article 3 of this
title 19, means a police department in incorporated municipalities or the office of the county sheriff.
(97) Locating means engaging in the process of searching for or seeking
out.
(98) Mental health professional means a person licensed to practice
medicine or psychology in this state or any person on the staff of a facility designated by the executive director of the department of human services for seventy-two-hour treatment and evaluation who is authorized by the facility to do mental or behavioral health hospital placement prescreenings, as defined in section 19-2.5-102, and who is under the supervision of a person licensed to practice medicine or psychology in this state.
(99) Need to know, as used in section 19-1-303, means agencies or
individuals who need access to certain information for the care, treatment, supervision, or protection of a child.
(100) (a) Neglect, as used in part 3 of article 3 of this title 19, means acts
that can reasonably be construed to fall under the definition of child abuse or neglect as defined in subsection (1) of this section.
(b) A child is not neglected when allowed to participate in independent
activities that a reasonable and prudent parent, guardian, or legal custodian would consider safe given the child's maturity, condition, and abilities, including but not limited to activities such as:
(I) Traveling to and from school, including walking, running, bicycling, or
other similar mode of travel;
(II) Traveling to and from nearby commercial or recreational facilities;
(III) Engaging in outdoor play; and
(IV) Remaining in a home or other location that a reasonable and prudent
parent, guardian, or legal custodian would consider safe for the child.
(101) Newborn child means a child who is less than seventy-two hours old.
(102) Noncertified kinship care means a child is being cared for by a
relative or kin who has a significant relationship with the child in circumstances when there is a safety concern by a county department of human or social services and where the relative or kin has not met the foster care certification requirements for a kinship foster care home or has chosen not to pursue that certification process.
(103) Nonidentifying information, as used in part 4 of article 5 of this title
19, means information that does not disclose the name, address, place of employment, or any other material information that would lead to the identification of the birth parents and that includes but is not limited to the following:
(a) The physical description of the birth parents;
(b) The educational background of the birth parents;
(c) The occupation of the birth parents;
(d) Genetic information about the birth family;
(e) Medical information about the adult adoptee's birth;
(f) Social information about the birth parents; and
(g) The placement history of the adoptee.
(104) Nonpublic agency interstate and foreign adoption, as used in section
19-5-205.5, means an interstate or foreign adoption that is handled by a private, licensed child placement agency.
(105) (a) Parent means either a natural parent of a child, as may be
established pursuant to article 4 of this title 19, or a parent by adoption.
(b) Parent, as used in sections 19-1-114, 19-2.5-501, and 19-2.5-611, includes
a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. For the purposes of section 19-1-114, parent does not include a person whose parental rights have been terminated pursuant to the provisions of this title 19 or the parent of an emancipated minor.
(106) Permanency hearing means a hearing in which the permanency plan
for a child in foster care is determined by the court.
(107) Placement out of the home means placement for twenty-four-hour
residential care in any facility or center operated or licensed by the department of human services, but placement out of the home does not include any placement that is paid for totally by private money or any placement in a home for the purposes of adoption in accordance with section 19-5-205. Placement out of the home may be voluntary or court ordered. Placement out of the home includes independent living.
(108) (a) Post-adoption record, as used in part 3 of article 5 of this title 19,
means information contained in the files subsequent to the completion of an adoption proceeding.
(b) The post-adoption record may contain information concerning but not
limited to:
(I) The written inquiries from persons requesting access to records;
(II) The search efforts of the confidential intermediary;
(III) The response, if any, to those search efforts by the persons sought;
(IV) Any updated medical information gathered pursuant to part 3 of article
5 of this title 19; and
(V) Any personal identifying information concerning any persons subject to
part 3 of article 5 of this title 19.
(109) Repealed.
(110) Protective supervision means a legal status created by court order
under which the child is permitted to remain in the child's home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court.
(111) Public adoption, as used in part 2 of article 5 of this title 19, means an
adoption involving a child who is in the legal custody and guardianship of the county department of human or social services that has the right to consent to adoption for that child.
(112) Qualified individual means a trained professional or licensed clinician,
as defined in the federal Family First Prevention Services Act. Qualified individual must be approved to serve as a qualified individual according to the state plan. Qualified individual must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth and making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.
(113) Qualified residential treatment program means a licensed and
accredited program that has a trauma-informed treatment model that is designed to address the needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal Family First Prevention Services Act, 42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child required in section 19-1-115 (4)(e)(I).
(114) Reasonable efforts, as used in articles 1, 2.5, 3, and 7 of this title 19,
means the exercise of diligence and care throughout the state of Colorado for children and youth who are in foster care or out-of-home placement or are at imminent risk of foster care or out-of-home placement. In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required to prevent unnecessary placement of a child or youth outside of a child's or youth's home or to foster the safe reunification of a child or youth with a child's or youth's family, as described in section 19-3-208, or whether it is appropriate to find and finalize an alternative permanent plan for a child or youth, and in making reasonable efforts, the child's or youth's health and safety are the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (114). Nothing in this subsection (114) is construed to conflict with federal law.
(115) Repealed.
(116) Record, as used in section 19-4-106 and section 19-4.5-108, means
information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(117) Register of actions means those portions of the electronic case
management system necessary to carry out a statutory purpose or the duties of a court appointment.
(118) Repeat juvenile offender is described in section 19-2.5-1125.
(119) Residual parental rights and responsibilities means those rights and
responsibilities remaining with the parent after legal custody, guardianship of the person, or both, have been vested in another person, agency, or institution, including but not limited to the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child's religious affiliation.
(120) Responsible person, as used in part 3 of article 3 of this title 19,
means a child's parent, legal guardian, or custodian or any other person responsible for the child's health and welfare.
(121) Restorative justice has the same meaning as set forth in section 19-2.5-102.
(122) Reunited parties, as used in section 19-5-305, means any two persons
who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304 (1)(b)(I).
(123) School, as used in sections 19-1-303 and 19-1-304, means a public or
parochial or other nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. Basic academic education has the same meaning as set forth in section 22-33-104 (2)(b).
(124) Sexual assault, as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means:
(a) Sexual assault, as defined in section 18-3-402;
(b) Sexual assault on a child, as defined in section 18-3-405;
(c) Sexual assault on a child by one in a position of trust, as defined in
section 18-3-405.3;
(d) Sexual assault on a client by a psychotherapist, as defined in section
18-3-405.5; or
(e) Unlawful sexual contact, as defined in section 18-3-404.
(125) Sexual conduct, as used in section 19-3-304 (2.5), means any of the
following:
(a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or
oral-anal, whether between persons of the same or opposite sex or between humans and animals;
(b) Penetration of the vagina or rectum by any object;
(c) Masturbation; or
(d) Sexual sadomasochistic abuse.
(126) Shelter means the temporary care of a child in physically
unrestricting facilities pending court disposition or execution of a court order for placement.
(127) Sibling group, as used in articles 3 and 5 of this title 19, means
biological siblings.
(128) Special county attorney, as used in article 3 of this title 19, means an
attorney hired by a county attorney or city attorney of a city and county or hired by a county department of human or social services with the concurrence of the county attorney or city attorney of a city and county to prosecute dependency and neglect cases.
(128.5) Special immigrant juvenile status findings includes:
(a) Declaring the child dependent or placing the child in the custody of an
individual, agency, or department as appointed by the court;
(b) Determining that reunification of the child with one or both parents is not
viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this section, abandonment includes, but is not limited to, the death of one or both parents.
(c) Determining that it is not in the best interests of the child to be returned
to the child's or parents' previous country of nationality or country of last habitual residence.
(129) Special respondent, as used in article 3 of this title 19, means any
person who is not a parent, guardian, or legal custodian and who is voluntarily or involuntarily joined in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan and for the grounds outlined in sections 19-3-502 (6) and 19-3-503 (4).
(130) Spousal equivalent means a person who is in a family-type living
arrangement with a parent and who would be a stepparent if married to that parent.
(131) Standardized behavioral or mental health disorder screening means
the behavioral or mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102.
(132) State board, as used in part 3 of article 3 of this title 19, means the
state board of human services.
(133) State department, as used in section 19-3-211, part 3 of article 3 of
this title 19, article 3.3 of this title 19, and part 3 of article 7 of this title 19, means the department of human services created in section 24-1-120.
(134) State registrar means the state registrar of vital statistics in the
department of public health and environment.
(135) Status offense has the same meaning as is defined in federal law in
28 CFR 31.304, as amended.
(136) Stepparent means a person who is married to a parent of a child but
who has not adopted the child.
(137) Temporary holding facility means an area used for the temporary
holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area that houses adult offenders.
(138) Temporary shelter means the temporary placement of a child, as
described in section 19-3-403.5, with kin, as defined in subsection (91) of this section; with an adult with a significant relationship with the child; or in a licensed and certified twenty-four-hour care facility.
(139) Termination of the parent-child legal relationship
C.R.S. § 19-1-130
19-1-130. Access to services related to out-of-home placement - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Gender expression means a person's way of reflecting and expressing
their gender to the outside world, typically demonstrated through appearance, dress, and behavior.
(b) Gender identity means a person's innate sense of the person's own
gender, which may or may not correspond with the person's sex as assigned at birth.
(c) Placement-related service means any program, benefit, or service
related to out-of-home placement, including adoption, kinship care, foster care homes, and private child placement, or a benefit or service described in title 26 that is related to out-of-home placement, provided by the state department of human services, a county department of human or social services, a child placement agency, or any other such entity, or a contractor or subcontractor that provides such program, benefit, or service on behalf of the state department of human services, a county department of human or social services, a child placement agency, or any other such entity. Placement-related services may include, but are not limited to, pursuing adoption or any other child placement; providing early intervention services, out-of-home placement prevention services, or family preservation services; or any service related to licensing or training for child care centers, adoptive or foster parents, or kinship care. The state department of human services, a county department of human or social services, a child placement agency, or any other such entity is not required to contract with or access a placement-related service outside the current placement-related services that are utilized by that specific entity.
(d) Service provider means the state department of human services, a
county department of human or social services, or a child placement agency. Service provider includes a contractor or subcontractor that provides placement-related services on a service provider's behalf.
(2) A service provider that receives state money to provide placement-related services shall provide to each individual, family, or other service provider
requesting services, including a service provider under investigation by the state department of human services or its designee for a violation of this section, fair and equal access to all available placement-related services offered by the service provider. Service providers that provide specialized placement-related services to specific populations are not required to provide services outside the scope of their specialized service or their specific population if the specialization serves a specific treatment-related purpose.
(3) In addition to any restrictions set forth in section 24-34-805 (2)(b), a
service provider that receives state money to provide placement-related services shall not:
(a) Deny any person the opportunity to become an adoptive or a foster parent
solely on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the person or a member of the person's household. Any denial to care for a specific child or youth that includes one of these factors as the basis for the denial must be documented, must have a clear nexus to the ability to meet the needs of the child or youth, and the denial to care must not be detrimental to the health or welfare of the child or youth.
(b) Delay or deny the placement of a child or youth for adoption or into foster
care on the basis of a real or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth;
(c) Require different or additional screenings, processes, or procedures for
adoptive or foster placement decisions solely on the basis of the following, unless such screenings, processes, or procedures are necessary to determine if the placement is detrimental to the health or welfare of the child or youth:
(I) A real or perceived disability, race, creed, religion, color, sex, sexual
orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, of the prospective adoptive or foster parent; or
(II) A real or perceived disability, race, creed, religion, color, sex, sexual
orientation, gender identity, gender expression, national origin, ancestry, or any communicable disease, including HIV, of the child or youth involved; or
(d) Subject a child or youth in foster care or an individual, family, or other
service provider to discrimination or harassment on the basis of actual or perceived disability, race, creed, religion, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, or any communicable disease, including HIV, when providing any placement-related service.
(4) (a) A service provider shall provide placement-related services in a
manner that is culturally responsive to the complex social identity of the individual receiving such services. Complex social identities include but are not limited to race, ethnicity, nationality, age, religion, sex, sexual orientation, gender identity, gender expression, socioeconomic status, physical or cognitive ability, language, beliefs, values, behavior patterns, and customs. Nothing in this subsection (4) may be used to cause the delay or denial of an out-of-home placement of a child or youth, unless the delay or denial of the placement is not detrimental to the health or welfare of the child or youth.
(b) The state department of human services shall determine whether
placement-related services are provided in a manner that is culturally responsive to the complex social identity of the individual receiving such services.
(5) Nothing in this section diminishes the protections afforded to a parent,
prospective parent, child, or youth with a disability, as described in sections 19-3-208, 19-5-100.2, and 24-34-805.
Source: L. 2021: Entire section added, (HB 21-1072), ch. 43, p. 182, � 1,
effective April 19.
C.R.S. § 19-3-208
19-3-208. Services - county required to provide - out-of-home placement options - rules - definitions. (1) Each county or city and county shall provide a set of services, as defined in subsection (2) of this section, to children who are in out-of-home placement or meet the social services out-of-home placement criteria and to their families in the state of Colorado eligible for such services as determined necessary by an assessment and a case plan. A county or city and county may enter into an agreement with any other county, city and county, or group of counties to share in the provision of these services. Each county, city and county, or group of counties may enter into contracts with private entities for the provision of these services. Each county or city and county shall have a process in place whereby services can readily be accessed by children and families determined to be in need of such services described in subsection (2) of this section. For the purposes of this subsection (1), the requirements of providing services or a process shall be made available based upon the state's capacity to increase federal funding or any other moneys appropriated for these services.
(1.5) As used in this section, unless the context otherwise requires:
(a) School of origin has the same meaning as provided in section 22-32-138.
(b) Student in out-of-home placement has the same meaning as provided in
section 22-32-138.
(2) (a) Services shall be designed to accomplish the following goals:
(I) Promote the immediate health, safety, and well-being of children eligible
for these services based upon the case assessment and individual case plan;
(II) Reduce the risk of future maltreatment of children who have previously
been abused or neglected and protect the siblings of such children and other children who are members of the same household who may be subjected to maltreatment;
(III) Avoid the unnecessary placement of children into foster care resulting
from child abuse and neglect, voluntary decisions by families, or the commission of status offenses;
(IV) Facilitate, if appropriate, the speedy reunification of parents with any of
their children who have been placed in out-of-home placement;
(V) Ensure that the placement of a child is neither delayed nor denied due to
consideration of the race, color, or national origin of the child or any other person unless such consideration is permitted pursuant to federal law; and
(VI) Promote the best interests of the child.
(b) The following services must be available and provided, as determined
necessary and appropriate by individual case plans:
(I) Screening; assessments, including those required by the federal Family
First Prevention Services Act of 2018, Titles IV-B and IV-E of the federal Social Security Act, as amended; and individual case plans;
(II) Home-based family and crisis counseling;
(III) Information and referral services to available public and private
assistance resources;
(IV) Family time services for parents with children or youth in out-of-home
placement;
(V) Placement services including foster care and emergency shelter; and
(VI) Services including but not limited to transportation and case planning,
as necessary for a student in out-of-home placement to remain in his or her school of origin, unless the county department determines that remaining in the school of origin is not in the student's best interest.
(c) (Deleted by amendment, L. 94, p. 1054, � 4, effective May 4, 1994.)
(d) The following services must be made available and provided based upon
the state's capacity to increase federal funding or any other money appropriated for these services and as determined necessary and appropriate by individual case plans:
(I) Transportation to these services when other appropriate transportation is
not available;
(II) Child care as needed according to a case plan, when other child care is
not available;
(III) In-home supportive homemaker services;
(IV) Diagnostic, mental health, and health-care services;
(V) Drug and alcohol treatment services;
(VI) After care services to prevent a return to out-of-home placement;
(VII) Family support services while a child is in out-of-home placement
including home-based services, family counseling, and placement alternative services;
(VIII) Financial services in order to prevent placement;
(IX) Family preservation services, which are brief, comprehensive, and
intensive services provided to prevent the out-of-home placement of children or to promote the safe return of children to the home; and
(X) Foster care prevention services.
(d.5) On or before January 1, 2022, the department of human services, in
cooperation with county departments of human or social services, shall analyze necessary data to assess and determine the number of placements necessary for each level of care for children or youth who are in out-of-home placements.
(d.7) On or before July 1, 2022, the department of human services, in
consultation with the department of health care policy and financing, shall develop and implement a plan to build capacity and develop appropriate and available out-of-home placement options for each necessary level of care in the state in order to serve the number of children and youth who require a given level of care.
(e) The department of human services may promulgate such rules and
regulations as are necessary to implement the provision of services pursuant to this article.
(f) It is the intent of the general assembly to use existing general fund
moneys which have serviced the programs described in this subsection (2) to access federal funds.
(g) Services provided pursuant to this section are required to meet the
provisions of the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(h) Services provided pursuant to this section must meet the provisions of
Title VI of the federal Civil Rights Act of 1964, and its related amendments and implementing regulations, regardless of whether the services are provided by a county department, city and county, or private-entity contractor. A county department, city and county, or private-entity contractor shall take reasonable steps to ensure meaningful language access to a person with limited English proficiency. The language access must be provided in a timely manner and without unreasonable delay. A county department or a city and county shall provide services under the supervision of and with the support of the state department of human services pursuant to section 26-1-111.
(3) (a) The state board of human services shall promulgate rules creating a
standard and deliberate process for determining, in coordination with the education provider, parents, if appropriate, guardian ad litem or counsel for youth, and the child, whether it is in the best interest of a child in out-of-home placement to remain in the child's school of origin when the child is placed in out-of-home placement or experiences a change in placement.
(b) Each county department of human or social services shall coordinate with
school districts and the state charter school institute to establish systems-level plans for how necessary transportation to a school of origin will be provided, arranged, and funded for the duration of a child or youth's time as a student in out-of-home placement, including the equitable allocation of costs.
(c) The department of human services shall provide technical assistance and
compliance monitoring for the county departments of human or social services to ensure that county departments of human or social services are properly implementing this subsection (3), including administering funds to allow students in out-of-home placement to remain in their schools of origin, with transportation provided.
(d) Any state funds expended pursuant to this section for children eligible
under Title IV-E of the federal Social Security Act, as amended, shall be counted to satisfy matching requirements for federal funds received pursuant to that act.
(e) The department shall convene a working group within six months after
April 25, 2023, including the department of education, county departments of human or social services, representatives from the special education directors, and other appropriate school district representatives, to identify issues related to foster youth education, transportation, and stability, as described in this subsection (3), and together, prior to the 2025 regular legislative session, develop written recommendations to the general assembly regarding any regulatory or statutory changes that may be required.
Source: L. 93: Entire section added, p. 2014, � 4, effective July 1. L. 94: (1),
(2)(c), and IP(2)(d) amended, p. 1054, � 4, effective May 4; (2)(a) amended, p. 672, � 1, effective July 1; (2)(e) amended, p. 2682, � 197, effective July 1. L. 2008: (2)(a)(I) amended, p. 812, � 1, effective May 14. L. 2010: (2)(a)(V) amended, (HB 10-1106), ch. 278, p. 1274, � 5, effective May 26. L. 2018: (2)(g) added, (HB 18-1104), ch. 164, p. 1134, � 6, effective April 25; IP(2)(b) and (2)(b)(I) amended, (SB 18-254), ch. 216, p. 1373, � 1, effective May 18; (1.5), (2)(b)(VI), and (3) added and IP(2)(b), (2)(b)(IV), and (2)(b)(V) amended, (HB 18-1306), ch. 364, p. 2181, � 4, effective August 8. L. 2019: IP(2)(d), (2)(d)(VIII), and (2)(d)(IX) amended and (2)(d)(X) added, (HB 19-1308), ch. 256, p. 2460, � 5, effective August 2. L. 2021: (2)(d.5) and (2)(d.7) added, (SB 21-278), ch. 344, p. 2241, � 2, effective June 25. L. 2022: (3)(a) amended, (HB 22-1038), ch. 92, p. 441, � 22, effective January 9, 2023. L. 2023: (3)(e) added, (HB 23-1089), ch. 112, p. 402, � 3, effective April 25; (2)(b)(IV) amended, (HB 23-1027), ch. 284, pp. 1677, 1682, �� 3, 13, effective June 1. L. 2024: (2)(h) added, (HB 24-1031), ch. 327, p. 2213, � 2, effective August 7; (3)(e) amended, (HB 24-1222), ch. 155, p. 688, � 6, effective August 7. L. 2025: (2)(h) amended, (SB 25-300), ch. 428, p. 2446, � 19, effective August 6.
Editor's note: Amendments to subsection IP(2)(b) by SB 18-254 and HB 18-1306 were harmonized.
Cross references: (1) For the legislative declaration in HB 18-1306, see
section 1 of chapter 364, Session Laws of Colorado 2018. For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1027, see section 1 of chapter 284, Session Laws of Colorado 2023.
(2) For Title IV-B of the Social Security Act, see 42 U.S.C. � 621 et seq. For
Title IV-E of the Social Security Act, see 42 U.S.C. � 670 et seq.
C.R.S. § 19-3-304
19-3-304. Persons required to report child abuse or neglect. (1) (a) Except as otherwise provided by section 19-3-307, section 25-1-122 (4)(d), and subsections (1)(b) and (1)(c) of this section, a person specified in subsection (2) of this section who has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect shall immediately upon receiving the information report or cause a report to be made of the fact as soon as reasonably possible, but no later than twenty-four hours after receiving the information, to the county department, the local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111.
(b) The reporting requirement described in paragraph (a) of this subsection
(1) shall not apply if the person who is otherwise required to report does not:
(I) Learn of the suspected abuse or neglect until after the alleged victim of
the suspected abuse or neglect is eighteen years of age or older; and
(II) Have reasonable cause to know or suspect that the perpetrator of the
suspected abuse or neglect:
(A) Has subjected any other child currently under eighteen years of age to
abuse or neglect or to circumstances or conditions that would likely result in abuse or neglect; or
(B) Is currently in a position of trust, as defined in section 18-3-401 (3.5),
C.R.S., with regard to any child currently under eighteen years of age.
(c) The reporting requirement described in subsection (1)(a) of this section
does not apply if the person:
(I) Learns of the suspected abuse or neglect outside of the person's
professional capacity that would require the person to make a report pursuant to this section; or
(II) Is employed by, an agent of, or a contractor for any attorney who is
providing legal services.
(2) Persons required to report the abuse or neglect or circumstances or
conditions include a:
(a) Physician or surgeon, including a physician in training;
(b) Child health associate;
(c) Medical examiner or coroner;
(d) Dentist;
(e) Osteopath;
(f) Optometrist;
(g) Chiropractor;
(h) Podiatrist;
(i) Registered nurse or licensed practical nurse;
(j) Hospital personnel engaged in the admission, care, or treatment of
patients;
(k) Christian science practitioner;
(l) Public or private school official or employee;
(m) Social worker or worker in any facility or agency that is licensed or
certified pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5;
(n) Mental health professional;
(o) Dental therapist or dental hygienist;
(p) Psychologist;
(q) Physical therapist;
(r) Veterinarian;
(s) Peace officer as described in section 16-2.5-101, C.R.S.;
(t) Pharmacist;
(u) Commercial film and photographic print processor as provided in
subsection (2.5) of this section;
(v) Firefighter as defined in section 18-3-201 (1.5), C.R.S.;
(w) Repealed.
(x) Licensed professional counselors;
(y) Licensed marriage and family therapists;
(z) Unlicensed psychotherapists;
(aa) (I) Clergy member.
(II) The provisions of this paragraph (aa) shall not apply to a person who
acquires reasonable cause to know or suspect that a child has been subjected to abuse or neglect during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication.
(III) For purposes of this paragraph (aa), unless the context otherwise
requires, clergy member means a priest, rabbi, duly ordained, commissioned, or licensed minister of a church, member of a religious order, or recognized leader of any religious body.
(bb) Registered dietitian who holds a certificate through the commission on
dietetic registration and who is otherwise prohibited by 7 CFR 246.26 from making a report absent a state law requiring the release of this information;
(cc) Worker in the state department of human services;
(dd) Juvenile parole and probation officers;
(ee) Child and family investigators, as described in section 14-10-116.5, C.R.S.;
(ff) Officers and agents of the state bureau of animal protection, and animal
control officers;
(gg) The child protection ombudsman as created in article 3.3 of this title;
(hh) Educator providing services through a federal special supplemental
nutrition program for women, infants, and children, as provided for in 42 U.S.C. sec. 1786;
(ii) Director, coach, assistant coach, or athletic program personnel employed
by a private sports organization or program. For purposes of this paragraph (ii), employed means that an individual is compensated beyond reimbursement for his or her expenses related to the private sports organization or program.
(jj) Person who is registered as a psychologist candidate pursuant to section
12-245-304 (3), marriage and family therapist candidate pursuant to section 12-245-504 (4), or licensed professional counselor candidate pursuant to section 12-245-604 (4), or who is described in section 12-245-217;
(kk) Emergency medical service providers, as defined in sections 25-3.5-103
(8) and 25-3.5-103 (12) and certified or licensed pursuant to part 2 of article 3.5 of title 25;
(ll) Officials or employees of a county department of health or a county
department of human or social services;
(mm) Naturopathic doctor registered under article 250 of title 12; and
(nn) Employees of the department of early childhood.
(2.5) Any commercial film and photographic print processor who has
knowledge of or observes, within the scope of his or her professional capacity or employment, any film, photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct shall report such fact to a local law enforcement agency immediately or as soon as practically possible by telephone and shall prepare and send a written report of it with a copy of the film, photograph, video tape, negative, or slide attached within thirty-six hours of receiving the information concerning the incident.
(3) In addition to those persons specifically required by this section to report
known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in abuse or neglect, any other person may report known or suspected child abuse or neglect and circumstances or conditions which might reasonably result in child abuse or neglect to the local law enforcement agency, the county department, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.
(3.2) A person specified in subsection (2) or (3) of this section shall not make
a report due to a family's or child's race, ethnicity, socioeconomic status, or disability status. In addition, the reporting requirement described in subsection (1)(a) of this section does not apply if the basis for the report arises from concerns solely due to any of the following criteria:
(a) Socioeconomic status, which includes factors such as inadequate
housing, furnishings, income, or clothing; or
(b) Disability.
(3.3) (a) A person specified in subsection (2) of this section shall not delegate
the duty to make the report required by subsection (1)(a) of this section to another person who does not have firsthand knowledge of the suspected child abuse or neglect.
(b) An entity that employs a person specified in subsection (2) or (2.5) of this
section may develop protocols regarding the process for making the report required by subsection (1)(a) of this section. The protocols must comply with state law and regulations. Representatives of the entity shall not deter or impede a person from filing a report required by subsection (1)(a) of this section.
(3.5) No person, including a person specified in subsection (1) of this section,
shall knowingly make a false report of abuse or neglect to a county department, a local law enforcement agency, or through the child abuse reporting hotline system as set forth in section 26-5-111, C.R.S.
(4) Any person who willfully violates the provisions of subsection (1) of this
section or who violates the provisions of subsection (3.5) of this section:
(a) Commits a class 2 misdemeanor and shall be punished as provided in
section 18-1.3-501; and
(b) Shall be liable for damages proximately caused thereby.
(5) No person shall be prosecuted, tried, or punished for an offense that
pertains to a report of unlawful sexual behavior as defined in section 16-22-102 (9) and under circumstances when a mandatory reporter has reasonable cause to know or suspect that a child has been subjected to unlawful sexual behavior as defined in section 16-22-102 (9) or observed the child being subjected to circumstances or conditions that would reasonably result in unlawful sexual behavior as defined in section 16-22-102 (9) unless the indictment, information, complaint, or action for the same is found or instituted within three years after the commission of the offense. The limitation for commencing criminal proceedings concerning acts of failure to report child abuse other than those involving acts described in this subsection (5) are governed by section 16-5-401.
Source: L. 87: Entire title R&RE, p. 764, � 1, effective October 1. L. 90: (2)(m)
amended, P. 1394, � 2, effective May 24; (3.5) added and IP(4) amended, p. 1023, � 1, effective July 1. L. 93: (1) amended, p. 1609, � 1, effective June 6; (2) amended, p. 1735, � 29, effective July 1. L. 95: (2)(w) added, p. 949, � 5, effective July 1. L. 96: (2.5) amended, p. 83, � 8, effective March 20; (2)(m) amended, p. 265, � 16, effective July 1. L. 97: (2)(v) amended, p. 1013, � 19, effective August 6. L. 2001: (2)(x), (2)(y), and (2)(z) added, p. 160, � 1, effective July 1. L. 2002: (1) amended, p. 568, � 2, effective May 24; (2)(aa) added, p. 1145, � 1, effective June 3; (1) amended, p. 1592, � 30, effective July 1; (4)(a) amended, p. 1527, � 231, effective October 1. L. 2003: (2)(m) amended and (2)(cc) added, p. 660, � 1, effective March 20; (2)(bb) added, p. 666, � 1, effective March 20; (2)(s) amended, p. 1616, � 18, effective August 6. L. 2005: (2)(dd), (2)(ee), and (2)(ff) added, p. 357, � 1, effective April 22; (2)(ee) amended, p. 963, � 9, effective July 1. L. 2010: (2)(gg) added, (SB 10-171), ch. 225, p. 982, � 4, effective May 14; (1) amended, (SB 10-066), ch. 418, p. 2060, � 1, effective June 10; (2)(h) amended, (HB 10-1224), ch. 420, p. 2161, � 25, effective July 1. L. 2011: IP(2) and (2)(z) amended, (SB 11-187), ch. 285, p. 1328, � 71, effective July 1; (2)(hh) added, (SB 11-034), ch. 125, p. 390, � 1, effective January 1, 2012. L. 2013: (2)(hh) amended and (2)(ii) added, (SB 13-012), ch. 51, p. 173, � 2, effective March 22; (1)(a), (3), and (3.5) amended, (HB 13-1271), ch. 219, p. 1021, � 2, effective May 14; (2)(jj) added, (HB 13-1104), ch. 77, p. 249, � 6, effective August 7; (2)(kk) added, (SB 13-220), ch. 220, p. 1023, � 1, effective July 1, 2014. L. 2014: (2)(v) amended, (HB 14-1214), ch. 336, p. 1499, � 11, effective August 6. L. 2016: (1)(a) amended, (SB 16-146), ch. 230, p. 918, � 13, effective July 1. L. 2017: (2)(jj) and (2)(kk) amended and (2)(mm) added, (SB 17-106), ch. 302, p. 1650, � 8, effective August 9; (2)(jj) and (2)(kk) amended and (2)(ll) added, (HB 17-1185), ch. 194, p. 710, � 2, effective December 31. L. 2019: (5) added, (SB 19-049), ch. 56, p. 195, � 1, effective March 28; (2)(kk) amended, (SB 19-242), ch. 396, p. 3528, � 13, effective May 31; (2)(jj) and (2)(mm) amended, (HB 19-1172), ch. 136, p. 1682, � 112, effective October 1. L. 2020: (2)(z) amended, (HB 20-1206), ch. 304, p. 1551, � 65, effective July 14. L. 2021: (4)(a) amended, (SB 21-271), ch. 462, p. 3220, � 389, effective March 1, 2022. L. 2022: (2)(m), (2)(ll), and (2)(mm) amended and (2)(nn) added, (HB 22-1295), ch. 123, p. 834, � 37, effective July 1; (2)(o) amended, (SB 22-219), ch. 381, p. 2726, � 35, effective January 1, 2023. L. 2024: (2)(ll) amended, (HB 24-1222), ch. 155, p. 688, � 7, effective August 7. L. 2025: (2)(w) repealed, (HB 25-1188), ch. 337, p. 1776, � 2, effective May 31; (1)(a) and IP(2) amended and (1)(c), (3.2), and (3.3) added, (HB 25-1188), ch. 337, p. 1776, � 2, effective September 1.
Editor's note: (1) This section was contained in a title that was repealed and
reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-10-104 as said section existed in 1986, the year prior to the repeal and reenactment of this title.
(2) Subsection (2)(cc) was originally numbered as (2)(bb) in House Bill 03-1037 but has been renumbered on revision for ease of location.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (4)(a), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration contained in the 2005 act amending subsection (2)(ee), see section 1 of chapter 244, Session Laws of Colorado 2005. For the legislative declaration in the 2013 act amending subsection (2)(hh) and adding subsection (2)(ii), see section 1 of chapter 51, Session Laws of Colorado 2013. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022. For the legislative declaration in HB 25-1188, see section 1 of chapter 337, Session Laws of Colorado 2025.
C.R.S. § 19-3-705
19-3-705. Transition hearing. (1) When a youth turns eighteen years of age while the youth is a named child or is a youth in a dependency and neglect case open through this article 3, the court shall hold a transition hearing within thirty-five days after the youth's eighteenth birthday. The purpose of the transition hearing is to determine whether the youth will opt into the foster youth in transition program, established in section 19-7-303, or, alternatively, choose to emancipate.
(2) At least seven days prior to a transition hearing, a county department
shall file a report with the court that includes:
(a) A description of the county department's reasonable efforts toward
achieving the youth's permanency goals and a successful transition to adulthood;
(b) An affirmation that the county department has provided the youth with
all necessary records and documents, including copies of all documents listed in section 19-3-702 (4)(d), health records, education records, and written information concerning the youth's family history and contact information for siblings, if available and appropriate;
(c) An affirmation that the county department has informed the youth, in a
developmentally appropriate manner, of the benefits and options available to the youth by participating in the foster youth in transition program created in section 19-7-303 and the voluntary nature of that program; and
(d) A statement of whether the youth has made a preliminary decision
whether to emancipate or to enter the foster youth in transition program created in section 19-7-303 and either or both of the following:
(I) If it is anticipated that the youth will choose to emancipate, the report
must include a copy of the youth's emancipation transition plan executed pursuant to section 19-7-310, finalized no more than ninety days prior to the youth's transition; or
(II) If it is anticipated that the youth will choose to enter the foster youth in
transition program created in section 19-7-303, the county department shall file a petition pursuant to section 19-7-307.
(3) The court shall advise the youth that:
(a) Except as provided in section 19-3-704, the youth has the right to choose
whether to emancipate or to voluntarily continue receiving services through the foster youth in transition program created in section 19-7-303;
(b) To participate in the foster youth in transition program created in section
19-7-303, the youth must enter into a voluntary services agreement with the county department. The transition program provides the youth with access to financial support with housing and other services, as outlined in section 19-7-305.
(c) Services provided through the foster youth in transition program created
in section 19-7-303 are voluntary for the youth, and the youth may remain in the transition program until the last day of the month in which the youth turns twenty-one years of age, or such greater age of foster care eligibility as required by federal law, so long as the youth meets all other program eligibility requirements pursuant to section 19-7-304;
(d) If the youth chooses to emancipate but later decides support is needed,
the youth has the right to begin receiving child welfare services again through the foster youth in transition program, created in section 19-7-303, until the youth's twenty-first birthday or such greater age of foster care eligibility as required by federal law; and
(e) The youth has the right to counsel, who shall represent the youth
throughout the youth's participation in the foster youth transition program. The court shall advise the youth that the current emancipation transition hearing may be continued for up to one hundred nineteen days if the youth would like additional time to make a decision or to prepare for emancipation. The court shall ask the youth whether the youth has had sufficient opportunity to consult with counsel and if the youth is ready to make a decision at the current time or, alternatively, if the youth would like to request a continuance of up to one hundred nineteen days.
(4) Prior to a youth emancipating, the court shall:
(a) Review the youth's emancipation transition plan executed pursuant to
section 19-7-310 and consult with the youth on readiness for emancipation;
(b) Determine whether the county department has made reasonable efforts
toward the youth's permanency goal and a successful transition to adulthood;
(c) Determine whether the youth has been provided with all necessary
records and documents described in subsection (2)(b) of this section; and
(d) Determine whether the youth has been enrolled in medicaid and advise
the youth on the youth's eligibility for former foster care medicaid up to twenty-six years of age pursuant to section 26-5-113 and of the necessity of keeping the youth's contact information up to date.
(5) With the youth's consent, the court may continue the emancipation
transition hearing for up to one hundred nineteen days to allow time to improve the youth's emancipation transition plan, gather necessary documents and records, or for any other reason necessary to allow the youth a successful transition to adulthood.
(6) If a youth is opting into the foster youth in transition program created in
section 19-7-303 and a petition has been filed pursuant to section 19-7-307, the court shall dismiss the case pursuant to this article 3 or dismiss the youth from the case brought pursuant to this article 3, leave the case open for remaining siblings, and open a new case brought pursuant to part 3 of article 7 of this title 19. Such an action must not result in an interruption in case management services, housing, medicaid coverage, or in foster care maintenance payments.
Source: L. 2021: Entire section added, (HB 21-1094), ch. 340, p. 2217, � 7,
effective June 25. L. 2022: (1) and (5) amended, (HB 22-1245), ch. 88, p. 418, � 5, effective August 10; (3)(e) amended, (HB 22-1038), ch. 92, p. 442, � 27, effective January 9, 2023.
Cross references: For the legislative declaration in HB 22-1038, see section 1
of chapter 92, Session Laws of Colorado 2022.
PART 8
TASK FORCE ON THE COLLECTION AND SECURITY
OF DIGITAL IMAGES OF CHILD ABUSE OR NEGLECT
19-3-801 to 19-3-805. (Repealed)
Editor's note: (1) This part 8 was added in 2016 and was not amended prior
to its repeal in 2019. For the text of this part 8 prior to its repeal in 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 19-3-805 provided for the repeal of this part 8, effective July 1,
- (See L. 2016, p. 1043.)
PART 9
TASK FORCE ON HIGH-QUALITY PARENTING TIME
Editor's note: (1) This part 9 was added in 2021. For amendments to this part
9 prior to its repeal in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 19-3-905 provided for the repeal of this part 9, effective July 1,
-
(See L. 2023, p. 1685.)
19-3-901 to 19-3-905. (Repealed)
ARTICLE 3.1
Dependency Proceedings for Unaccompanied Children
or Youth in Federal Custody
19-3.1-101. Petition for dependency order for unaccompanied children or
youth in federal custody - definition. (1) When an unaccompanied child in the custody of the federal office of refugee resettlement housed in a facility in Colorado has been subjected to parental abuse or neglect as defined in section 19-1-103 (1)(a) or subjected to the parental actions and omissions listed in section 19-3-102, that child may file a petition for a dependency order pursuant to this section with the juvenile court in the judicial district where the child is housed.
(2) (a) The petition must:
(I) Set forth the facts that bring the child under the court's jurisdiction
pursuant to subsection (1) of this section;
(II) State the child's name, age, and country of birth; and
(III) Identify the facility in Colorado where the child is housed in the custody
of the federal office of refugee resettlement.
(b) The statements in the petition may be made upon information and belief.
(c) The petition must not name the child's parent as a respondent. The
petition must state clearly that parental rights may not be terminated through proceedings under this section.
(3) (a) The court shall schedule a hearing within thirty-five days after the
petition is filed, unless a motion is made for a forthwith hearing because the child is approaching eighteen years of age or other emergent circumstances, in which case the court shall schedule the hearing within seven days. If the court finds the statements in the petition are supported by a preponderance of the evidence, the court shall declare the child dependent on the court. A child declared dependent pursuant to this section may be eligible for oversight and services by the office of the child protection ombudsman as described in section 19-3.3-103 (1)(b). Upon request, the court may also issue an order establishing the child's eligibility for classification as a special immigrant juvenile under federal law, including:
(I) Declaring the child dependent;
(II) Determining that reunification of the child with one or both parents is not
viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this subsection (3)(a)(II), abandonment includes, but is not limited to, the death of one or both parents.
(III) Determining that it is not in the best interests of the child to be returned
to the child's or parents' previous country of nationality or country of last habitual residence.
(b) The order may be entered at any time following the filing of the petition
or at the hearing.
(4) The court shall not alter the child's custody status or placement unless
the federal department of health and human services provides specific consent.
(5) The court may retain jurisdiction over the child until the child reaches
eighteen years of age or until further order of the court.
(6) For purposes of this section, dependent on the court means a youth is
under the juvenile court's jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1)(a); and the youth is in need of oversight and supportive services as determined by the court.
Source: L. 2022: Entire article added, (HB 22-1319), ch. 391, p. 2770, � 1,
effective June 7. L. 2024: (3) amended, (SB 24-119), ch. 33, p. 103, � 5, effective August 7. L. 2025: IP(3)(a) amended, (HB 25-1200), ch. 270, p. 1396, � 7, effective August 6.
ARTICLE 3.3
Office of the Child Protection Ombudsman
19-3.3-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) Child abuse and neglect is a serious and reprehensible problem in society;
(b) The protection of children from abuse and neglect by applying prevention
measures and observing best practices in treating children who are abused and neglected must be one of Colorado's highest public policy priorities;
(c) The child protection system must protect and serve Colorado's children in
a manner that keeps them safe and healthy and promotes their well-being;
(d) The children and families served by the child protection system, as well
as the public, must have a high level of confidence that the system will act in a child's best interests and will respond to the child's needs in a timely and professional manner;
(e) To engender this high level of confidence in the child protection system,
it is important that children and families who become involved in the system, mandatory reporters, and the general public have a well-publicized, easily accessible, and transparent grievance process for voicing concerns regarding the child protection system along with the expectation that those concerns, once voiced, will be heard and addressed in a timely and appropriate manner; and
(f) To improve child protection outcomes and to foster best practices, there
must be effective accountability mechanisms, including the review and evaluation of concerns voiced by children and families, mandatory reporters, persons involved in the child protection system, and members of the general public, that provide policymakers with the information necessary to formulate systemic changes, where appropriate.
(2) The general assembly further finds and declares that the establishment
of the office of the child protection ombudsman will:
(a) Improve accountability and transparency in the child protection system
and promote better outcomes for children and families involved in the child protection system; and
(b) Allow families, concerned citizens, mandatory reporters, employees of
the state department and county departments, and other professionals who work with children and families to voice their concerns, without fear of reprisal, about the response by the child protection system to children experiencing, or at risk of experiencing, child maltreatment.
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 974, � 1,
effective May 14. L. 2015: IP(2) amended, (SB 15-204), ch. 264, p. 1031, � 14, effective June 2.
19-3.3-101.5. Definitions. As used in this article 3.3, unless the context
otherwise requires:
(1) Board means the child protection ombudsman board established
pursuant to section 19-3.3-102 (2)(a).
(2) Complaint means a report or complaint relating to an action, inaction, or
decision of a public agency or a provider that receives public money that may adversely affect the safety, permanency, or well-being of a child or youth.
(3) Facility means a facility established and operated by the state
department pursuant to section 19-2.5-1502.
(4) Office means the office of the child protection ombudsman established
pursuant to section 19-3.3-102 (1)(a).
(5) Ombudsman means the child protection ombudsman and director of the
office appointed pursuant to section 19-3.3-102 (3)(a)(I).
(6) Personnel files has the same meaning as set forth in section 24-72-202.
(7) State-licensed residential child care facility has the same meaning as
set forth in section 26-6-903.
(8) Work product has the same meaning as set forth in section 24-72-202.
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2046, � 78,
effective August 6; entire section added, (HB 25-1200), ch. 270, p. 1386, � 1, effective August 6.
Editor's note: This section added by SB 25-275 and HB 25-1200 was
harmonized, resulting in the renumbering of subsections (2) and (3) in SB 25-275 to subsections (4) and (5), respectively.
19-3.3-102. Office of the child protection ombudsman established - child
protection ombudsman advisory board - qualifications of ombudsman - duties. (1) (a) The independent office of the child protection ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for the children of Colorado.
(a.5) The office and the judicial department shall operate pursuant to a
memorandum of understanding between the two entities. The memorandum of understanding contains, at a minimum:
(I) A requirement that the office has its own personnel rules;
(II) A requirement that the ombudsman has independent hiring and
termination authority over office employees;
(III) A requirement that the office must follow judicial fiscal rules;
(IV) A requirement that the office of the state court administrator shall offer
the office of the child protection ombudsman limited support with respect to:
(A) to (F) Repealed.
(G) Office space, facilities, and technical support limited to the building that
houses the office of the state court administrator; and
(V) Any other provisions regarding administrative support that will help
maintain the independence of the office.
(VI) Repealed.
(b) The office and the related child protection ombudsman board,
established in subsection (2) of this section, shall operate with full independence. The board and office have complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office, board, and ombudsman.
(c) The office shall work cooperatively with the child protection ombudsman
board established in subsection (2) of this section, the department of human services and other child welfare organizations, as appropriate, to form a partnership between those entities and persons, parents, and the state for the purpose of ensuring the greatest protections for the children of Colorado.
(2) (a) There is established an independent, nonpartisan child protection
ombudsman board. The board consists of twelve members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. All members must have child welfare policy or system expertise or experience.
(b) The board members must be appointed as follows:
(I) The chief justice of the Colorado supreme court shall appoint:
(A) An individual with experience as a respondent parents' counsel;
(B) An individual with experience defending juveniles in court proceedings;
(C) An individual with legal experience in dependency and neglect cases; and
(D) An individual with experience in criminal justice involving children and
youth.
(II) The governor shall appoint:
(A) An individual with previous professional experience with a rural county
human or social services agency or a rural private child welfare advocacy agency;
(B) An individual with previous professional experience with the department
of human services;
(C) An individual with previous professional experience with an urban human
or social services agency or an urban private child welfare agency; and
(D) An individual with experience in primary or secondary education.
(III) The president and minority leader of the senate shall appoint:
(A) An individual who was formerly a child in the foster care system; and
(B) An individual with professional experience as a county and community
child protection advocate; and
(IV) The speaker and the minority leader of the house of representatives
shall appoint:
(A) A current or former foster parent; and
(B) A health-care professional with previous experience with child abuse and
neglect cases.
(c) Board members shall serve for terms of four years; except that the terms
shall be staggered so that no more than six members' terms expire in the same year. The appointing officials shall fill any vacancies on the board for the remainder of any unexpired term.
(d) The board shall meet a minimum of two times per year and additionally as
needed. At least one meeting per year must be held outside of the Denver metropolitan area.
(e) Board members shall serve without compensation but may be reimbursed
for actual and reasonable expenses incurred in the performance of their duties.
(f) Expenses incurred for the board must be paid from the general operating
budget of the office of the child protection ombudsman.
(3) The board has the following duties and responsibilities:
(a) To oversee the following personnel decisions related to the ombudsman:
(I) To appoint a person to serve as the child protection ombudsman and
director of the office. The board may also discharge an acting ombudsman for cause. A two-thirds majority vote is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.
(II) Filling a vacancy in the ombudsman position;
(III) Evaluating the ombudsman's performance as determined necessary
based on feedback received related to the ombudsman; and
(IV) Developing a public complaint process related to the ombudsman's
performance;
(b) To oversee and advise the ombudsman on the strategic direction of the
office and its mission and to help promote the use, engagement, and access to the office;
(c) To work cooperatively with the ombudsman to provide fiscal oversight of
the general operating budget of the office and ensure that the office operates in compliance with the provisions of this article, the memorandum of understanding, and state and federal laws relating to the child welfare system;
(d) to (g) (Deleted by amendment, L. 2016.)
(h) To promote the mission of the office to the public; and
(i) To provide assistance, as practicable and as requested by the
ombudsman, to facilitate the statutory intent of this article.
(4) Meetings of the board are subject to the provisions of section 24-6-402,
C.R.S., except for executive personnel actions or meetings requiring the protection of confidentiality for children's or parents' personal data pursuant to the federal Child Abuse Prevention and Treatment Act, Pub.L. 93-247, and state privacy laws.
(5) The records of the board and the office are subject to the provisions of
part 2 of article 72 of title 24, C.R.S.
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 975, � 1,
effective May 14. L. 2014: (2)(a) amended, (SB 14-201), ch. 280, p. 1137, � 2, effective May 29. L. 2015: Entire section R&RE, (SB 15-204), ch. 264, p. 1022, � 1, effective June 2. L. 2016: (3) amended and (1)(a.5) added, (SB 16-013), ch. 102, p. 292, � 1, effective April 15. L. 2022: (1)(a), (2)(a), IP(2)(b), (2)(c), and (3)(a)(I) amended, (SB 22-013), ch. 2, p. 26, � 32, effective February 25. L. 2023: (1)(a.5)(VI) added, (SB 23-228), ch. 96, p. 362, � 4, effective April 20. L. 2025: (1)(a), (2)(a), and (3)(a)(I) amended, (SB 25-275), ch. 377, p. 2046, � 79, effective August 6; (1)(a), (2)(a), and (3)(a)(I) amended, (HB 25-1200), ch. 270, p. 1387, � 2, effective August 6.
Editor's note: Subsection (1)(a.5)(VI) provided for the repeal of subsections
(1)(a.5)(IV)(A) to (1)(a.5)(IV)(F) and (1)(a.5)(VI), effective July 1, 2024. (See L. 2023, p. 362.)
19-3.3-103. Office of the child protection ombudsman - duties - access to
information - confidentiality - testimony - judicial review - definitions. (1) The ombudsman has the following duties, at a minimum:
(a) To receive and conduct an independent and impartial investigation of
complaints concerning child protection services, including:
(I) Complaints made by or on behalf of a child;
(II) Complaints made by or on behalf of a child's or youth's family, caregiver,
or other concerned individual;
(III) Complaints made by or on behalf of a child or youth pursuant to sections
19-2.5- 1502.5 (4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II);
(IV) Complaints about an incident of egregious abuse or neglect; near
fatality, as described in section 26-1-139; or a fatality of a child, as described in part 20.5 of title 25 and section 26-1-139;
(V) Complaints concerning systemic issues, including, but not limited to,
statutory, budgetary, regulatory, and administrative issues affecting the safety of and outcomes for children, youth, and families receiving child protection services in Colorado; and
(VI) Complaints raised by members of the community relating to child
protection policies or procedures.
(b) (I) Notwithstanding any provision of this section to the contrary, the
ombudsman may self-initiate an independent and impartial investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, as defined in section 26-6-903, and who is in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review, which may include, but need not be limited to, referring an investigation and ongoing review to the state department or appropriate agency or entity and making a recommendation for action relating to an investigation and ongoing review.
(II) (A) In self-initiating an investigation and ongoing review of the safety and
well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the ombudsman has the authority to request, review, and receive copies of any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review as described in subsection (1)(b)(I) of this section, without cost to the ombudsman.
(B) A state-licensed residential child care facility shall notify the
ombudsman and the state department within three days after the arrival of each unaccompanied immigrant child.
(C) The ombudsman may create and distribute outreach materials to a state-licensed residential child care facility and to individuals who may have regular
contact with an unaccompanied immigrant child.
(III) As used in this subsection (1)(b), unaccompanied immigrant child
means a child under the age of eighteen years, without lawful immigration status in the United States, who has been designated an unaccompanied child and transferred to the custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.
(2) (a) In investigating a complaint described in subsection (1)(a) of this
section, the ombudsman shall:
(I) Request, access, and review any information, documents, or records,
including records of third parties, the ombudsman deems necessary to conduct an independent and impartial investigation of complaints pursuant to section 19-3.3-103.4;
(II) Seek resolution of a complaint, which may include, but is not limited to,
referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint; and
(III) Refer any complaints relating to the judicial department and judicial
proceedings, including, but not limited to, complaints concerning the conduct of judicial officers or attorneys of record, judicial determinations, and court processes and procedures, to the appropriate agency or entity. Nothing in this section grants the office the authority to access information, records, or documents to investigate a complaint made in regard to the provision of legal services by an independent judicial agency or its contractors.
(b) (I) Notwithstanding subsection (2)(a)(I) of this section to the contrary, the
ombudsman shall not have access to:
(A) Personnel files;
(B) Work product;
(C) Information, documents, or records that may be protected by an agency's
or entity's attorney-client privilege; or
(D) Information, documents, or records that may be protected by an agency's
deliberative process privilege.
(II) If an agency or entity withholds information, documents, or records
described in subsection (2)(b)(I) of this section from the ombudsman, the agency or entity shall communicate to the ombudsman that the information, documents, or records were withheld and the reasons for withholding the information, documents, or records.
(c) The ombudsman may decline to investigate a complaint or continue an
investigation. If the ombudsman declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the decision and the reason for the ombudsman's actions.
(3) In addition to the duties described in subsection (1)(a) of this section, the
ombudsman has the following duties:
(a) To report, as required by section 19-3.3-108, concerning the actions of the
ombudsman related to the goals and duties of the office;
(b) To review the memorandum of understanding between the office and the
judicial department and renegotiate such memorandum of understanding at any time as the office and the judicial department mutually deem appropriate;
(c) To act on behalf of the office and serve as signator for the office;
(d) To ensure accountability and consistency in the operating policies and
procedures, including reasonable rules to administer the provisions of this article 3.3 and any other standards of conduct and reporting requirements as provided by law;
(e) To serve or designate a person to serve on the youth restraint and
seclusion working group pursuant to section 26-20-110 (1)(i);
(f) To review and evaluate the effectiveness and efficiency of any existing
grievance resolution mechanisms and to make recommendations to the general assembly, executive director, and any appropriate agency or entity for the improvement of the grievance resolution mechanisms;
(g) To help educate the public concerning issues and recommendations the
ombudsman identifies, including on child maltreatment and the role of the community in strengthening families and keeping children safe;
(h) To promote best practices and effective programs relating to a publicly
funded child protection system and to work collaboratively with county departments, when appropriate, regarding improvement of processes; and
(i) To recommend to the general assembly, the executive director, and any
appropriate agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado. Recommendations may address issues the ombudsman identifies during the course of an investigation of complaints, as described in subsection (1)(a) of this section. The ombudsman's recommendations are subject to public disclosure pursuant to article 72 of title 24.
(4) Nothing in this article 3.3 directs or authorizes the ombudsman to
intervene in any criminal or civil judicial proceeding or to interfere in a criminal investigation.
(5) In the performance of the ombudsman's duties, the ombudsman shall act
independently of any public agency or provider that receives public money and that may adversely affect the safety, permanency, or well-being of a child or youth, including the division within the department of early childhood that is responsible for child care, the divisions within the state department that are responsible for child welfare or youth services, the county departments of human or social services, and all judicial and independent agencies. Any recommendations made by the ombudsman or positions taken by the ombudsman do not reflect those of any public agency, including the department of early childhood, state department, judicial department and independent agencies, or county departments of human or social services.
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 976, � 1,
effective May 14. L. 2014: IP(1) and IP(2) amended, (SB 14-201), ch. 280, p. 1137, � 3, effective May 29. L. 2015: (1)(a)(I)(A), (1)(a)(II)(B), (1)(c), (2)(b), (2)(e), (3), and (5) amended, (SB 15-204), ch. 264, pp. 1026, 1031, �� 2, 15, effective June 2. L. 2016: (1)(b) and (1)(c) amended and (1)(d), (1)(e), and (1)(f) added, (SB 16-013), ch. 102, p. 294, � 2, effective April 15. L. 2017: (5) amended, (HB 17-1329), ch. 381, p. 1978, � 43, effective June 6. L. 2018: (1)(e) and (1)(f) amended and (1)(g) added, (HB 18-1010), ch. 25, p. 283, � 4, effective March 7. L. 2021: (1)(a)(I), (1)(a)(II), (2)(d), and (2)(e) amended and (2)(f) added, (HB 21-1272), ch. 324, p. 1984, � 1, effective June 24; (1)(a.5) added, (HB 21-1313), ch. 416, p. 2768, � 1, effective July 2. L. 2022: (1)(a)(II)(D), (1)(a.5)(I), (3), and (5) amended, (HB 22-1295), ch. 123, p. 836, � 42, effective July 1. L. 2025: Entire section amended, (HB 25-1200), ch. 270, p. 1387, � 3, effective August 6.
19-3.3-103.4. Office of the child protection ombudsman - access to
information. (1) (a) (I) In investigating a complaint, the office has the authority to request, access, and review any information, records, or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a). In the investigation of a complaint or event described in section 19-3.3-103 (1)(a) that occurs in the state, the office must have access to information, records, or documents that either the state department, the department of early childhood, or a county department would be entitled to access or receive.
(II) The ombudsman shall not have access to information, documents, or
records described in section 19-3.3-103 (2)(b)(I).
(b) (I) The office must have access to all information, records, or documents
that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a) occurring in the state from any entity, including, but not limited to, a coroner's office, law enforcement agency, hospital, court, the office of state registrar of vital statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.
(II) The ombudsman shall not have access to information, documents, or
records described in section 19-3.3-103 (2)(b)(I).
(c) (I) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, near fatality, or incident of egregious
abuse or neglect against a child, as defined in section 26-1-139 (2), upon request, the state department of human services' child fatality review team, pursuant to section 26-1-139 (5)(e), shall provide the office the final confidential, case-specific review report.
(II) In the course of investigating a complaint described in section 19-3.3-103
(1)(a) that is related to a child fatality, upon request, the department of public health and environment's child fatality prevention review team, pursuant to section 25-20.5-405, shall provide the office with the nonidentifying case review findings and recommendations.
(2) (a) The state department shall ensure the office has unrestricted access
to TRAILS, as defined in section 26-5-118.
(b) For educational purposes, the state department shall ensure office
employees are permitted to attend the child welfare training academy established in section 26-5-109.
(3) The office shall request, review, and receive copies of records as
described in subsection (1) of this section without cost if electronic records are not available.
(4) Nothing in this section grants subpoena power to the ombudsman,
employees of the office, and any other person acting on behalf of the office for purposes of investigating a complaint described in section 19-3.3-103 (1)(a).
Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,
effective August 6.
Editor's note: Several provisions of this section are similar to former � 19-3.3-103 (1)(a)(II) as it existed prior to 2025. For a detailed comparison, see the
comparative tables located in the back of the index.
19-3.3-103.5. Office of the child protection ombudsman - confidentiality.
(1) The ombudsman, employees of the office, and any person acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department of early childhood, the state department, or a county department with respect to the treatment of confidential information or records and the disclosure of such information and records.
(2) (a) The office shall treat all complaints received pursuant to section 19-3.3-103 (1)(a) as confidential, including the identities of complainants and
individuals from whom information is acquired; except that disclosures may be permitted if the ombudsman deems it necessary to enable the ombudsman to perform the ombudsman's duties and to support any recommendations resulting from an investigation.
(b) Records relating to complaints received by the office and the
investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.
(c) The ombudsman and any employee or person acting on behalf of the
ombudsman shall not be compelled to provide oral and written testimony in a civil or criminal proceeding in which the ombudsman is not a legal party. Information, records, or documents requested and reviewed by the ombudsman pursuant to this section are not subject to a subpoena issued to the ombudsman, discovery from the ombudsman, or introduction into evidence through the ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party. Nothing in this subsection (2)(a) restricts or limits the right to discover or use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.
Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,
effective August 6.
Editor's note: Subsections (2)(a) and (2)(c) are similar to former � 19-3.3-103
(1)(a)(I)(B) and (1)(a)(I)(C), respectively, as they existed prior to 2025.
19-3.3-104. Qualified immunity. The ombudsman and employees or persons
acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred within the scope of employment, duties, or responsibilities pertaining to the office, including but not limited to issuing reports or recommendations; except that nothing in this section shall be construed to protect such persons from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,
effective May 14. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1032, � 16, effective June 2.
19-3.3-105. Advisory work group - development of plan for autonomy and
accountability - repeal. (Repealed)
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,
effective May 14. L. 2014: Entire section R&RE, (SB 14-201), ch. 280, p. 1135, � 1, effective May 29.
Editor's note: Subsection (6) provided for the repeal of this section, effective
July 1, 2016. (See L. 2014, p. 1135.)
19-3.3-106. Award of contract - extension - repeal. (Repealed)
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 979, � 1,
effective May 14. L. 2014: (1)(a) amended, (SB 14-201), ch. 280, p. 1137, � 4, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1027, � 3, effective June 2.
Editor's note: Subsection (4) provided for the repeal of this section, effective
July 1, 2016. (See L. 2015, p. 1027.)
19-3.3-107. Child protection ombudsman program fund - created - repeal.
(Repealed)
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,
effective May 14. L. 2015: (4) amended and (5) added, (SB 15-204), ch. 264, p. 1027, � 4, effective June 2.
Editor's note: Subsection (5) provided for the repeal of this section, effective
July 1, 2016. (See L. 2015, p. 1027.)
19-3.3-108. Office of the child protection ombudsman - annual report. (1)
On or before September 1 of each year, commencing with the September 1 following the first fiscal year in which the office was established, the ombudsman shall prepare a written report that must include, but need not be limited to, information from the preceding fiscal year and any recommendations concerning the following:
(a) Actions taken by the ombudsman relating to the duties of the office set
forth in section 19-3.3-103;
(b) Statutory, regulatory, budgetary, or administrative changes relating to
child protection, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child welfare services in Colorado;
(c) Results of the ombudsman's self-initiated investigation and ongoing
review of the safety and well-being of an unaccompanied immigrant child who is housed in a state-licensed residential child care facility, as described in section 19-3.3-103.
(d) Updates on outreach efforts to state-licensed residential child care
facilities and facilities established and operated by the department of human services as described in section 19-3.3-113 (2)(c).
(2) Notwithstanding section 24-1-136 (11)(a)(I), the ombudsman shall
distribute the written report to the governor, the chief justice, the board, and the general assembly. The ombudsman shall present the report to the health and human services committees of the house of representatives and of the senate, or any successor committees.
(3) The ombudsman shall post the annual report on the office of the child
protection ombudsman's website and the general assembly's website.
(4) The ombudsman shall present or communicate quarterly updates to the
board on the activities of the office.
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,
effective May 14. L. 2015: IP(1), (1)(a), (2), and (3) amended, (SB 15-204), ch. 264, pp. 1028, 1027, �� 7, 5, effective June 2. L. 2016: (2) amended and (4) added, (SB 16-013), ch. 102, p. 295, � 3, effective April 15. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 521, � 6, effective August 9. L. 2021: IP(1) amended and (1)(c) added, (HB 21-1313), ch. 416, p. 2769, � 2, effective July 2. L. 2025: (1)(d) added, (HB 25-1200), ch. 270, p. 1396, � 6, effective August 6.
19-3.3-109. Review by the state auditor's office. At the discretion of the
legislative audit committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the office.
Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 981, � 1, effective
May 14. L. 2014: Entire section amended, (SB 14-201), ch. 280, p. 1138, � 5, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1028, � 8, effective June 2. L. 2016: Entire section amended, (SB 16-013), ch. 102, p. 295, � 4, effective April 15.
19-3.3-110. Funding recommendations. The ombudsman shall make funding
recommendations to the joint budget committee of the general assembly for the operation of the office of the child protection ombudsman. The general assembly shall make annual appropriations, in such amount and form as the general assembly determines appropriate, for the operation of the office.
Source: L. 2015: Entire section added, (SB 15-204), ch. 264, p. 1028, � 6,
effective June 2.
19-3.3-111. Task force to prevent youth from running from out-of-home
placement - creation - membership - duties - report - definitions - repeal. (Repealed)
Source: L. 2022: Entire section added, (HB 22-1375), ch. 384, p. 2742, � 1,
effective June 7. L. 2023: (1)(d) and (3)(a)(VII)(F) amended, (HB 23-1301), ch. 303, p. 1822, � 24, effective August 7.
Editor's note: Subsection (8) provided for the repeal of this section, effective
June 30, 2025. (See L. 2022, p. 2742.)
19-3.3-112. Systems and tools to prevent children or youth from running
away - residential child care facility - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Child or youth who has run away means a child or youth who has left
and remains away from a residential child care facility without permission.
(b) Residential child care facility has the same meaning as set forth in
section 26-6-903.
(2) (a) The office shall conduct a statewide inventory survey of the physical
infrastructure of residential child care facilities to address, at a minimum:
(I) The physical infrastructure currently in place to deter children and youth
from running away; and
(II) The physical infrastructure needed to deter children and youth from
running away.
(b) The office shall consult with the state department to develop the
inventory survey. Physical infrastructure needs may include, but are not limited to, the use of delayed egress locks, alarms, fencing, signs, and lighting.
(3) On or before July 1, 2026, the office shall submit a report to the health
and human services committees of the house of representatives and the senate, or their successor committees, that summarizes the results of the physical infrastructure survey of residential child care facilities conducted pursuant to subsection (2)(a) of this section.
Source: L. 2025: Entire section added, (SB 25-151), ch. 70, p. 305, � 2,
effective April 10.
Cross references: For the legislative declaration in SB 25-151, see section 1
of chapter 70, Session Laws of Colorado 2025.
19-3.3-113. Office of the child protection ombudsman - access to state-licensed residential child care facilities and facilities - education of children and
youth in state-licensed residential child care facilities and facilities. (1) (a) A state-licensed residential child care facility and a facility shall provide physical access to their facilities pursuant to this subsection (1)(a). The office may only access a state-licensed residential child care facility or a facility in coordination with the facility directors:
(I) In response to a request from a child or youth residing in the state-licensed residential child care facility or facility;
(II) In response to a request from a child's or youth's family member,
caregiver, or other concerned individual; or
(III) To distribute materials pursuant to subsection (2)(a) of this section.
(b) A state-licensed residential child care facility or facility shall not deny
the office access to the state-licensed residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103.
(c) Dependent upon available resources and at the discretion of the
ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.
(d) Upon a child's or youth's request, the state-licensed residential child care
facility or facility shall provide a private and confidential space for the child or youth to meet with the ombudsman, an office employee, or a person acting on behalf of the ombudsman.
(e) The ombudsman, an employee of the office, or a person acting on behalf
of the ombudsman is subject to the protocol and policies of each state-licensed residential child care facility and facility.
(2) (a) The office shall create and distribute outreach materials to state-licensed residential child care facilities and facilities. The materials must contain
information on how to access the office, the office's services, and how to file a complaint with the office.
(b) Each state-licensed residential child care facility and facility shall display
the materials described in subsection (2)(a) of this section in a location visible to children or youth receiving services from the residential child care facility or facility.
(c) The office shall supply the materials described in subsection (2)(a) of this
section at the office's expense. The office shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.
(d) The office shall coordinate with each state-licensed residential child care
facility and facility to provide in-person educational courses to children and youth residing in the facilities on how to access the office, the office's services, and how to file a complaint with the office.
(3) The office and each state-licensed residential child care facility or facility
shall operate pursuant to a memorandum of understanding between the office and each residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:
(a) The office provides each state-licensed residential child care facility or
facility with notice of a child's or youth's request to visit with the ombudsman within forty-eight business hours after receiving the request;
(b) The state-licensed residential child care facility or facility provides the
ombudsman access to a facility and a private, confidential space to meet with a child or youth within five business days after the office receives the child's or youth's request to meet;
(c) The office provides the state-licensed residential child care facility or
facility with notice at least five business days before the office would like to enter the state-licensed residential child care facility or facility to distribute materials p
C.R.S. § 19-5-207.5
19-5-207.5. Legislative declaration - standardized home studies - adoptive family resource registry - rules. (1) Legislative declaration. (a) (I) The general assembly finds that there are a growing number of children in the legal custody of the county departments of human or social services who are the victims of physical or sexual abuse, neglect, or abandonment and who are awaiting permanent placement in safe, loving, and nurturing adoptive homes. The general assembly further finds that with the expedited permanency procedures that have been established and with the enactment of legislation implementing the federal Adoption and Safe Families Act of 1997, Pub.L. 105-89, it is anticipated that the number of children available for adoption will continue to increase dramatically and that there will be a corresponding increased need to identify statewide those families that are willing and qualified to adopt these needy children.
(II) The general assembly finds that, although the county departments of
human or social services have made admirable efforts in assessing and reporting on the qualifications of families interested in adopting, there is a need to make the valuable resource of such qualified families more available and accessible to all counties in the state in order to satisfy the growing need for suitable adoptive families.
(b) Accordingly, the general assembly determines that it is appropriate and
desirable for the state department to aid the county departments of human or social services in their efforts to achieve permanency for children in their legal custody who are available for adoption by making accessible to such county departments a statewide adoptive family resource registry of families who are qualified for and desirous of adopting children with special needs. Toward that end, the general assembly further determines that it would be beneficial to such children and families for the state department to develop an approved vendor list of qualified home study providers by region, standardized investigation criteria, and minimum uniform adoptive home study report standards in order to achieve more timely adoptive placements, to reduce the burden associated with the adoption process, and to avert the possibility of failed adoptions.
(2) Approved vendor lists for home studies. (a) In order to achieve greater
access to qualified families seeking to adopt children, to expedite permanency placement for children available for adoption, and to obtain reliable, high-quality assessments of families that can result in permanent and healthy placements, the state department shall develop an approved vendor list of county departments, individuals, and child placement agencies qualified to prepare the home study reports in public adoptions as required by section 19-5-207 (2).
(b) (I) On or before January 1, 2000, the state department shall issue a public
request for applications from county departments of human or social services, individuals, and child placement agencies desirous of conducting investigations and preparing written home study reports for prospective public adoptions in specified counties or geographic regions. The state department shall review the applications it receives and shall determine which applicants meet the qualifying criteria identified by the state board of human services pursuant to subsection (2)(b)(II) of this section. Each county department of human or social services, individual, or child placement agency that meets the qualifying criteria must be placed on the approved vendor list of home study report providers.
(II) The state board of human services shall promulgate rules identifying the
qualifying criteria that county departments of human or social services, individuals, and child placement agencies must meet in order to qualify as an approved vendor pursuant to this subsection (2)(b) for the purpose of conducting adoptive investigations and preparing home study reports. All county departments of human or social services, qualified individuals, and child placement agencies that submit applications to the state department and that meet the qualifying criteria must be selected to perform home studies and, once such county departments, individuals, or agencies have been approved by the state department pursuant to this subsection (2)(b), they shall be available to perform home studies in the specified county or region.
(c) All qualified county departments of human or social services, individuals,
and child placement agencies approved by the state department to conduct home studies pursuant to subsection (2)(b) of this section shall prepare their home study reports in compliance with the minimum uniform standards prescribed by rule of the state board as described in subsection (3) of this section and any other additional criteria and standards established by a particular county pursuant to subsection (3)(b) of this section.
(d) Each qualified county department of human or social services, individual,
or child placement agency approved by the state department may promote the adoption of available children through a public information campaign directed at educating and informing the public about the need for safe and healthy adoptive families. Regional educational campaigns are encouraged.
(e) All qualified county departments of human or social services, individuals,
and child placement agencies approved by the state department pursuant to this subsection (2) may participate in the statewide training provided by the state department.
(3) Standards for home studies. (a) The state board of human services shall
promulgate rules identifying the criteria for the investigation and the minimum uniform standards for the home study reports with which the qualified county departments of human or social services, individuals, or child placement agencies approved by the state department must comply. The criteria must include, but are not limited to:
(I) The quality standards that the county department of human or social
services, the individual, or the child placement agency must achieve;
(II) The time frames within which the county department of human or social
services, the individual, or the child placement agency must complete the investigations and home study reports; and
(III) The capacity of the county department of human or social services, the
individual, or the child placement agency to assess the abilities of prospective adoptive families to meet the needs of a child with special needs.
(b) Nothing in this section prohibits a county department of human or social
services from establishing additional criteria and standards that a county department of human or social services, an individual, or a child placement agency must meet in preparing a home study report.
(4) Fees for investigations and home studies. (a) (I) Any person who, by his
or her own request or by order of the court as provided in section 19-5-209, is the subject of a home study report and investigation conducted pursuant to section 19-5-207 by a county department of human or social services, an individual, or a child placement agency is required to pay, based on an ability to pay, the cost of such report and investigation.
(II) In public adoptions, the state board of human services shall promulgate
rules establishing the maximum amount that a county department of human or social services, an individual, or a child placement agency may charge a prospective adoptive family for the investigation, fingerprint-based criminal history record checks, and home study report required pursuant to section 19-5-207.
(III) The county department of human or social services may waive the fee
established pursuant to this subsection (4) if the fee poses a barrier to the adoption of a child for whom a county department of human or social services has financial responsibility.
(b) (I) In addition to the fee specified in subsection (4)(a) of this section, if the
county department of human or social services has not placed a child available for a public adoption with a family who is the subject of an investigation and home study report after six months, then the county shall refer the family and the home study report for such family to the adoptive family resource registry established pursuant to subsection (5) of this section if there is written consent pursuant to subsection (5)(c)(I) of this section. Prior to referral of a prospective adoptive family to the adoptive family resource registry, the prospective adoptive family must be assessed and shall pay a nonrefundable administrative fee in an amount to be determined by rule of the state board of human services. A family must not be assessed the fee described in this subsection (4)(b) if the family is not referred to the adoptive family resource registry.
(II) The department or the contractor selected by the department to
administer the adoptive family resource registry shall collect the administrative fee established by rule of the state board of human services pursuant to subparagraph (I) of this paragraph (b) and apply the revenue from said fees to offset the costs incurred for the administration of the adoptive family resource registry.
(III) Nothing in this paragraph (b) shall be construed to prevent a county from
referring a family to the adoptive family resource registry before the six month period has lapsed.
(5) Adoptive family resource registry. (a) Subject to available funds as
specified in subsection (5)(b)(III) of this section, the state department shall establish a statewide adoptive family resource registry that county departments of human or social services may access to determine the availability of qualified families seeking to adopt a child in the custody of a county department of human or social services. The state department is authorized to contract with a public or private entity for the provision of this service.
(b) (I) The executive director of the department is authorized to accept and
expend on behalf of the state any funds, grants, gifts, or donations from any private or public source for the purpose of establishing the statewide adoptive family resource registry; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the expenditure thereof in a manner contrary to law.
(II) The executive director of the department is authorized to apply for a
federal waiver, if necessary, to authorize the use of federal grant moneys to implement this section.
(III) No general fund moneys shall be expended for the establishment of the
adoptive family resource registry. The adoptive family resource registry shall be established only upon the receipt of sufficient grants, gifts, and donations pursuant to subparagraph (I) of this paragraph (b).
(c) (I) No home study report, or any other information concerning a person
interested in a public adoption shall be submitted to the adoptive family resource registry without such person's written consent.
(II) The state board of human services shall promulgate rules specifying the
limited amount of nonidentifying data concerning a person interested in a public adoption that is available to county departments of human or social services on the internet through the adoptive family resource registry.
(III) The state board of human services shall promulgate rules identifying the
standards and procedures with which the department or the contractor selected by the department to administer the adoptive family resource registry shall comply in order to preserve the confidentiality and privacy of the prospective adoptive family as much as possible.
Source: L. 99: Entire section added, p. 1019, � 2, effective May 29. L. 2018:
(1), (2), (3), (4)(a), (4)(b)(I), (5)(a), and (5)(c)(II) amended, (SB 18-092), ch. 38, p. 429, � 73, effective August 8.
Cross references: For the legislative declaration in SB 18-092, see section 1
of chapter 38, Session Laws of Colorado 2018.
C.R.S. § 2-2-1304
2-2-1304. Duties - meetings - community outreach - designation of organization to accept donations - authority to contract. (1) The council shall have the following duties and responsibilities:
(a) To work with any existing and appropriate local and state youth groups to
identify the concerns and needs of youth in Colorado and to advise and make oral and written recommendations to members of the general assembly on proposed or pending legislation;
(b) To work with any existing and appropriate local and state youth groups to
collect, analyze, and provide information on issues related to youth to the legislative committees, commissions, task forces, and state agencies and departments as appropriate;
(c) To consult with any existing local-level youth advisory councils for input
and potential solutions on issues related to youth;
(d) To set priorities and establish any committees that may be necessary to
achieve the goals of the council;
(e) To present to the state board of health twice a year on issues including
the youth opioid epidemic and other health issues; and
(f) To consult with the prevention services division within the department of
public health and environment during the stakeholder process for rule-making regarding opioid antagonists.
(2) (a) Repealed.
(b) The council shall meet at least four times each year, with two meetings
occurring during the regular legislative session and two meetings occurring after the regular legislative session has concluded. Council members may attend and participate in council meetings remotely, but at least two of the council's meetings each year must be held in person, with all attending members at the same physical location. Additional meetings may be held at the discretion of council leadership, subject to available money.
(c) All meetings of the council shall be open to the public.
(d) The council has the authority to develop rules and procedures to govern
its activities.
(3) The council shall utilize news outlets and publications, public awareness
campaigns, and a website to develop and maintain regular communication concerning its activities with the youth of Colorado, the state of Colorado, and interested parties.
(4) (a) On or before September 1, 2013, and every third September 1
thereafter through September 1, 2019, the council shall, in conjunction with the director of the legislative council, use a request for proposal process to contract with and designate one or more nonprofit organizations to provide staffing and operational assistance and to serve as the custodian of money donated to the council through the designated organization. The contractor selected following the 2019 request for proposal process shall, pursuant to one or more contracts, provide such staffing, operational, and custodian services through June 30, 2023. Thereafter, the council shall, in conjunction with the director of the legislative council, on or before April 30, 2023, and, except as otherwise provided in this subsection (4)(a), on or before every second April 15 thereafter, use a request for proposal process to contract with and designate one or more nonprofit organizations to provide such staffing, operational, and custodian services. The term of each contract entered into for a term commencing on or after July 1, 2023, is two state fiscal years; except that any such contract may be extended for one additional two-year term. If a contract is extended, the request for proposal for the next contract must be issued on or before the April 15 immediately preceding the expiration of the extension term. The designated organization shall not be the custodian of any money appropriated by the state and credited to the fund created in section 2-2-1306. The designated organization is authorized to expend any money it receives as is necessary for the operation of the council and may solicit and accept monetary and in-kind gifts, grants, and donations used to further the council's duties and responsibilities. Any money donated or awarded to the designated organization for the benefit of the council is not subject to appropriation by the general assembly. Any money obtained by the council or the designated organization and not in the fund that is unexpended and unencumbered at the time the council is dissolved shall be distributed according to appropriate federal and state laws governing nonprofit organizations. If a different nonprofit or private organization is subsequently designated as the custodian of donated money in accordance with this paragraph (a), any money that is unexpended and unencumbered at the time of the change in designation shall be promptly transferred by the previously designated organization to the newly designated organization.
(b) The designated organization, on behalf of the council, may provide or
accept in-kind staff support from nonprofit agencies or private organizations, including itself, or may contract with outside entities for the purpose of providing staff support to assist the council in conducting its duties and responsibilities. Any staff support personnel provided by the designated organization or a nonprofit agency or private organization, either donated or engaged through a contract, shall not be considered employees of the council or the state.
(5) The council is authorized to contract with the designated organization or
other nonprofit or private entities for the implementation of this part 13. Any contract entered into by the council must be signed by the chair of the review committee and the chair of the legislative council.
(6) (a) Repealed.
(b) On or before April 20, 2023, and on or before April 1 of each year
thereafter, the council shall select five members to serve as nonvoting members of the review committee during the subsequent legislative interim.
(c) The council shall notify the director of research of the legislative council
of the appointments made pursuant to this subsection (6).
Source: L. 2008: Entire part added, p. 1672, � 1, effective May 29. L. 2009: (4)
and (5) added, (HB 09-1099), ch. 92, p. 355, � 5, effective August 5. L. 2013: (2)(a) repealed and (4)(a) R&RE, (SB 13-148), ch. 390, pp. 2266, 2267, �� 3, 4, effective June 5. L. 2019: (6) added, (HB 19-1024), ch. 373, p. 3393, � 2, effective May 30. L. 2020: (6)(b) amended, (SB 20-214), ch. 200, p. 979, � 2, effective June 30. L. 2022: (2)(b), (2)(d), and (5) amended, (SB 22-014), ch. 32, p. 180, � 2, effective March 17. L. 2023: (4)(a) and (6)(b) amended, (SB 23-076) ch. 325, p. 1954, � 1, effective June 2. L. 2025: (1)(e) and (1)(f) added, (SB 25-164), ch. 168, p. 680, � 1, effective August 6.
Editor's note: Subsection (6)(a)(II) provided for the repeal of subsection (6)(a),
effective June 30, 2020. (See L. 2019, p. 3393.)
C.R.S. § 2-2-2306
2-2-2306. Black Coloradan racial equity study - economic analysis - contractor. (1) The commission shall enter into an agreement with one or more third-party entities to conduct an economic analysis of the financial impact of systemic racism on historically impacted Black Coloradans utilizing the findings of the historical research and, if feasible, an estimation of the financial impact on Colorado's economy resulting from state governmental entities, policies, systems, and practices in Colorado.
(2) (a) The third-party entity shall begin conducting its economic analysis
after the society has completed its research and no later than the date that the commission receives the historical research report from the society pursuant to section 2-2-2305 (5).
(b) No later than six months after beginning to conduct its economic
analysis, the third-party entity shall deliver the results of its analysis to the commission.
Source: L. 2024: Entire part added, (SB 24-053), ch. 368, p. 2479, � 1,
effective August 7 (see editor's note).
Editor's note: Section 2-2-2309 provides that this section is effective if the
commission receives seven hundred eighty-five thousand dollars of gifts, grants, or donations for the purposes of this part 23 and the director of research of the legislative council notifies the revisor of statutes in writing of the date on which the condition specified has occurred by emailing the notice to [email protected]. This � 2-2-2306 takes effect upon the date identified in the notice that the commission has received seven hundred eighty-five thousand dollars of gifts, grants, or donations for the purposes of � 2-2-2309 or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes. The revisor of statutes was notified on September 6, 2024, that the condition specified occurred on September 5, 2024. For more information, see SB 24-053 (L. 2024, p. 2481).
C.R.S. § 2-2-322
2-2-322. Fiscal notes - repeal. (1) The general assembly shall provide by rule for legislative service agency review of the fiscal impact of legislative measures.
(1.5) Repealed.
(2) The general assembly shall provide by rule, as recommended by the
executive committee of legislative council, for legislative service agency review of the fiscal impact of legislative measures which include the creation or increase of any fee collected by a state agency. The fiscal information on such measures shall include the average amount of such fee collected annually by such agency from each individual, family, or business, whichever is applicable, paying such fee and a projection of the average amount of such fee that will be collected from each individual, family, or business subsequent to the creation of or increase in such fee.
(2.5) If a legislative measure creates a new criminal offense, increases or
decreases the crime classification of an existing criminal offense, or changes an element of an existing offense that creates a new factual basis for the offense, the fiscal note shall include the following:
(a) A description of the elements of the proposed new crime or a description
of the new, amended, or additional elements of an existing crime;
(b) An analysis of whether the new crime, or changes to an existing crime,
may be charged under current Colorado law;
(c) A comparison of the proposed crime classification to similar types of
offenses;
(d) An analysis of the current and anticipated future prevalence of the
behavior that the proposed new crime, or changes to an existing crime, intends to address; and
(e) A description of gender and minority data as it relates to the general
Colorado population and available data on gender and minority offender and crime victims populations potentially affected by the proposed measure.
(3) (a) Each state department, agency, or institution shall cooperate with and
provide information on the fiscal impact of a legislative measure in the manner requested by the staff of the legislative council for consideration by the staff in connection with the preparation of a fiscal note for the measure.
(b) The state department, agency, or institution shall substantiate the
calculation of the fiscal impact of the legislative measure in its response to a request for information made pursuant to paragraph (a) of this subsection (3) by providing any documentation that clearly identifies any assumptions supporting that calculation and a narrative discussion of the justification for any increase or decrease in workload.
(c) The state department, agency, or institution shall meet the deadlines
established by the staff of the legislative council for providing a response to a request for information made pursuant to paragraph (a) of this subsection (3) or shall specify the need for additional time to provide the response. If additional time is required to respond to the request for information, the staff of the legislative council shall set a reasonable time for providing the information.
(d) (I) The state department, agency, or institution shall not modify the
amount of the fiscal impact that was originally calculated for a legislative measure after the staff of the legislative council has released and made public the fiscal note for such measure unless:
(A) The measure has been amended;
(B) There is newly discovered information that was previously unavailable
that warrants modification of the original calculation and narrative submitted by the state department, agency, or institution; or
(C) Technical errors are discovered that warrant modification of the original
calculation and narrative submitted by the state department, agency, or institution.
(II) Information supporting a modification to the fiscal impact shall be
submitted in the manner requested by the staff of the legislative council by the head of the state department, agency, or institution.
(4) In addition to any other requirement under this section or in the
legislative rules for legislative service agency review of the fiscal impact of legislative measures, the general assembly shall also provide for legislative service agency review of the fiscal impact of legislative measures considered by committees of the general assembly meeting during the legislative interim. For each interim, the deadlines and guidelines adopted prior to each interim by the executive committee of the legislative council for requesting and finalizing interim committee bills must allow for sufficient time between the public release of the fiscal note for a particular measure by the staff of the legislative council and the final vote by the applicable legislative interim committee so that members of the committee are able to consider the fiscal note in voting on the measure. For each interim, the specific dates by which these requirements will be satisfied must be specified in the applicable set of deadlines and guidelines for that interim. Except as otherwise provided in this subsection (4), all other requirements governing legislative service agency review of the fiscal impact of legislative measures considered during regular legislative sessions that are specified in this section or in the legislative rules also govern the requirements of this subsection (4).
(5) (a) In preparing a fiscal note for any legislative proposal that may impose
a new health benefit coverage mandate on health benefit plans or mandate a reduction or elimination of coverage under a health benefit plan and for which a report has been prepared by a contractor pursuant to section 10-16-155, the legislative service agency charged with preparing the fiscal note shall include a statement that a report has been prepared by the contractors for the legislative proposal pursuant to section 10-16-155 and submitted to the director of research of the legislative council by the division, including an indication of how the contractors' final report may be obtained in its entirety.
(b) This subsection (5) is repealed, effective November 1, 2027.
(6) (a) The fiscal note for any legislative measure that includes a proposed
tax increase shall include, in addition to the other information required pursuant to this section, an estimate of the maximum dollar amount of the change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase.
(b) The ballot question submitted to the registered electors of the state in
connection with a proposed tax increase in a legislative measure shall include the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase as determined pursuant to subsection (6)(a) of this section.
Source: L. 88: Entire section added, p. 305, � 2, effective May 23. L. 94:
Entire section amended, p. 1405, � 1, effective July 1. L. 2009: (3) added, (HB 09-1112), ch. 40, p. 155, � 1, effective August 5. L. 2011: (2.5) added, (HB 11-1239), ch. 74, p. 204, � 1, effective August 10. L. 2013: (2.5)(c) and (2.5)(d) amended and (2.5)(e) added, (SB 13-229), ch. 272, p. 1426, � 1, effective July 1. L. 2015: (4) added, (HB 15-1335), ch. 276, p. 1130, � 2, effective June 4. L. 2019: (1.5) added, (HB 19-1188), ch. 339, p. 3104, � 3, effective May 29. L. 2022: (5) added, (SB 22-040), ch. 449, p. 3166, � 2, effective August 10. L. 2025: (6) added, (HB 25-1327), ch. 466, p. 2566, � 7, effective June 4.
Editor's note: (1) Subsection (1.5)(b) provided for the repeal of subsection
(1.5), effective September 1, 2025. (See L. 2019, p. 3104.)
(2) Section 8(3) of chapter 446 (HB 25-1327), Session Laws of Colorado
2025, provides that the act changing this section applies to any legislative measures that are placed on the ballot on or after June 4, 2025.
Cross references: (1) For the legislative declaration in HB 15-1335, see
section 1 of chapter 276, Session Laws of Colorado 2015.
(2) For the legislative declaration in HB 19-1188, see section 1 of chapter 339,
Session Laws of Colorado 2019.
C.R.S. § 2-3-103.7
2-3-103.7. Disclosure of reports before filing. (1) Any state employee or other individual acting in an oversight role as a member of a committee, board, or commission, or any employee or other individual acting in an oversight role with respect to any audit conducted pursuant to sections 2-3-120, 10-22-105 (4)(c), and 25.5-6-1708 (1), who willfully and knowingly discloses the contents of any report prepared by or at the direction of the state auditor's office prior to the release of such report by a majority vote of the committee as provided in section 2-3-103 (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars.
(2) This section shall not apply to necessary communication of employees of
the state auditor's office or employees of any person contracting to provide services for the state auditor's office with those persons necessary to complete the audit report or with other state agencies involved with comparable reports.
Source: L. 79: Entire section added, p. 296, � 1, effective July 1. L. 89: (1)
amended, p. 332, � 2, effective April 7. L. 2019: (1) amended, (HB 19-1136), ch. 26, p. 86, � 1, effective August 2. L. 2021: (1) amended, (HB 21-1294), ch. 414, p. 2764, � 2, effective July 2; (1) amended, (HB 21-1249), ch. 178, p. 970, � 2, effective September 7; (1) amended, (HB 21-1187), ch. 83, p. 323, � 2, effective July 1, 2024. L. 2024: (1) amended, (HB 24-1450), ch. 490, p. 3403, � 3, effective August 7.
Editor's note: (1) Amendments to subsection (1) by HB 21-1249 and HB 21-1294 were harmonized.
(2) Amendments to subsection (1) by HB 21-1249, HB 21-1294, and HB 21-1187 were harmonized, effective July 1, 2024.
C.R.S. § 2-3-110.5
2-3-110.5. Fraud hotline - investigations - confidentiality - access to records - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Committee means the legislative audit committee created in section 2-3-101 (1).
(b) Contracted individual means an individual currently or formerly acting
under a contract, purchase order, or other similar agreement for the procurement of goods and services with a state agency; except that contracted individual does not include individuals or entities that provide services or receive benefits under Title XIX or Title XXI of the federal Social Security Act.
(c) Employee means an individual currently or formerly employed by a
state agency; except that employee does not include individuals or entities that provide services or receive benefits under Title XIX or Title XXI of the federal Social Security Act.
(d) Fraud means occupational fraud or the use of one's occupation for
personal enrichment through the deliberate misuse or misapplication of the employing organization's resources or assets. The definition of fraud specified in this subsection (1)(d) is used exclusively for purposes of the fraud hotline to be administered by the state auditor in accordance with this section and shall not be construed to apply to any other section of the Colorado Revised Statutes.
(e) Fraud hotline or hotline means the system created and maintained by
the state auditor pursuant to subsection (2)(a) of this section.
(f) Hotline call means a report of information to the fraud hotline
regardless of whether such report is made by telephone, fax, email, or another internet-based format.
(g) Investigation means an investigation of a report to the fraud hotline of
an allegation of fraud committed by an employee or a contracted individual. Investigation does not constitute a criminal investigation.
(h) State agency or agency means all departments, institutions, and
agencies of state government, including the office of the governor, institutions of higher education, and the legislative and judicial departments of the state.
(i) State auditor means the state auditor or his or her designee.
(2) (a) The state auditor shall establish and administer a telephone number,
fax number, email address, mailing address, or internet-based form whereby any individual may report an allegation of fraud committed by an employee or a contracted individual.
(b) (I) The state auditor may request that an individual submitting an
allegation to the fraud hotline provide his or her name and contact information, but no person who submits an allegation to the hotline is required to provide his or her name and contact information. In addition, in accordance with federal laws and regulations, nothing in this section permits an employee of a financial institution to disclose personally identifiable or confidential information when making a report to the hotline.
(II) The state auditor shall not disclose publicly, or when making a referral to
another state agency in accordance with subsection (3)(b) of this section, the identity of any individual who contacts the fraud hotline unless the individual grants the state auditor express permission to make such disclosure. The restrictions imposed by this subsection (2)(b)(II) shall not apply when the state auditor makes a disclosure to a law enforcement agency, a district attorney, or the attorney general, in connection with a criminal investigation, or to the department of health care policy and financing or the attorney general in accordance with subsection (3)(a)(II) of this section.
(c) The state auditor is responsible for administering the hotline, including
the screening of hotline calls and, in accordance with subsection (3)(b) of this section, consulting and coordinating with state agencies to refer allegations of fraud by an employee or a contracted individual that are reported to the hotline.
(d) The state auditor shall staff the hotline with one or more individuals who
possess professional knowledge and expertise in the areas of fraud prevention and detection, fraud examination, forensic accounting, or another related field. The state auditor may also contract with any private entity to assist in the execution of his or her powers and duties under this section. The state auditor shall consult and use accepted professional guidelines and best practices, such as those established by other state audit organizations or the association of certified fraud examiners, when developing internal operating policies and procedures for carrying out activities of his or her office in connection with the hotline.
(e) The state auditor shall publicize the existence and purpose of the hotline
on the official website of the office of the state auditor and through other means as determined by the state auditor.
(f) (I) The state auditor shall prepare and maintain workpapers for the
purpose of documenting the activities of his or her office in connection with hotline calls and investigations.
(II) All workpapers prepared or maintained by the state auditor in connection
with hotline calls must be held as strictly confidential by the state auditor and not for public release. The restrictions imposed by this subsection (2)(f)(II) shall not prevent communication by and among the state auditor, a state agency, the governor, the committee, a law enforcement agency, a district attorney, or the attorney general in accordance with the requirements of this section. Notwithstanding any other provision of law, all workpapers prepared or maintained by the state auditor in connection with hotline calls shall not constitute public records for purposes of the Colorado Open Records Act, part 2 of article 72 of title 24.
(3) (a) (I) Upon receiving a hotline call, the state auditor shall conduct an
initial screening of the call to determine whether the matter being reported constitutes an allegation of fraud committed by an employee or a contracted individual.
(II) The state auditor shall forward all hotline calls alleging fraud by a
medicaid recipient to the department of health care policy and financing, all calls alleging fraud by a medicaid provider or contractor to the medicaid fraud control unit of the office of the attorney general, and all calls alleging fraud in violation of the Colorado False Claims Act, part 12 of article 31 of title 24, to the attorney general unless the allegation relates to a state employee in the performance of the employee's duties.
(b) If the state auditor determines through the initial screening that a hotline
call constitutes an allegation of fraud committed by an employee or a contracted individual, the state auditor shall consult and coordinate with management or management's designee of the affected state agency or, in the case of alleged fraud involving a gubernatorial appointee, the governor's office for the purpose of referring the hotline call and any related workpapers to the affected agency. Upon receiving a referred hotline call from the state auditor, the state agency is responsible for determining and taking appropriate action to respond to the referred hotline call and reporting back to the state auditor in accordance with subsection (4) of this section. In determining appropriate action, the state agency may request either the assistance of the state auditor to participate in an investigation or request that the state auditor conduct the entire investigation.
(c) When, at the request of a state agency, the state auditor either
participates in or conducts an investigation of a hotline call pursuant to subsection (3)(b) of this section, the following additional requirements apply:
(I) The state auditor has access at all times to all of the books, accounts,
reports, vouchers, or other records or information maintained by the agency that are directly related to the scope of the investigation.
(II) The state auditor shall report the results of the investigation to the head
of the affected agency or, in the case of alleged fraud involving a gubernatorial appointee, to the governor's office. The state auditor shall also provide any workpapers prepared or maintained by the state auditor during the investigation.
(III) If the investigation finds evidence that the amount of the alleged fraud
exceeds one hundred thousand dollars, the state auditor shall also report the results of the investigation to the committee and, with the approval of the committee, to the governor.
(IV) If the investigation finds evidence of apparently illegal transactions or
misuse or embezzlement of public funds or property, the state auditor shall immediately report the matter to a law enforcement agency, a district attorney, or the attorney general, as appropriate. The state auditor shall also provide any workpapers prepared or maintained by the state auditor during the investigation.
(4) When a state agency is referred a hotline call by the state auditor
pursuant to subsection (3)(b) of this section and has not requested that the state auditor either participate in or conduct the entire investigation, the state agency shall report back to the state auditor within ninety days on the disposition of the referral, including action the agency has taken to respond to the fraud allegation and the results of any subsequent investigation by the agency. If the state agency has not reached a disposition of the referred hotline call within ninety days, the agency shall report to the state auditor the current status of the referral as of the ninety-day deadline. This reporting requirement continues every ninety days thereafter until the agency has reached a disposition of the referred hotline call.
(5) Commencing with state fiscal year 2018-19, the state auditor shall
prepare an annual report to the committee summarizing, in the aggregate, activity relating to the fraud hotline during the preceding state fiscal year, such as the number, type, nature, and disposition of reports made to the hotline. The annual report shall not contain detailed information, confidential or otherwise, about any specific reports made to the hotline or that would enable the identification of either any specific individual involved in a matter reported to the hotline or any subsequent investigation. The annual report must be accessible to the public and posted on the official website of the office of the state auditor.
Source: L. 2017: Entire section added, (HB 17-1223), ch. 243, p. 1000, � 1,
effective August 9. L. 2022: (3)(a)(II) amended, (HB 22-1119), ch. 394, p. 2797, � 4, effective August 10.
C.R.S. § 2-3-113
2-3-113. Programs that receive tobacco settlement money - program review - definitions. (1) As used in this section:
(a) Health sciences facility has the meaning set forth in section 26.5-3-503. For purposes of this section, health sciences facility includes any contractor
or subcontractor engaged by the health sciences facility to assist in the implementation and monitoring of the nurse home visitor program established pursuant to part 5 of article 3 of title 26.5.
(b) Master settlement agreement means the master settlement
agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown &Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.
(c) Tobacco settlement program means any program that receives
appropriations from moneys received by the state pursuant to the master settlement agreement.
(2) Beginning January 1, 2002, it is the duty of the state auditor to conduct or
cause to be conducted program reviews and evaluations of the performance of each tobacco settlement program to determine whether the program is effectively and efficiently meeting its stated goals. The program reviews and evaluations shall subject all tobacco settlement programs to audit, whether operated directly by a state agency or by a private entity or by a local government agency.
(3) The state auditor may contract with one or more public or private entities
to conduct the program reviews and evaluations and prepare the annual executive summary reports required in subsection (5) of this section.
(4) The joint budget committee staff, the legislative council staff, the office
of legislative legal services, the department of public health and environment, and the health sciences facility shall work with the state auditor's office in conducting the program reviews and evaluations of tobacco settlement programs.
(5) Beginning December 15, 2002, the state auditor's office shall first submit
to the legislative audit committee and then to the governor, the attorney general, the department of public health and environment, the joint budget committee, and the health and human services committees of the senate and the house of representatives, or any successor committees, reports on the program reviews and evaluations of tobacco settlement programs performed pursuant to subsection (2) of this section. In addition, the state auditor's office shall submit to the health and human services committees of the senate and the house of representatives, or any successor committees, and to the department of public health and environment an annual executive summary of the program reviews and evaluations.
(6) The legislative audit committee shall design a schedule for reviewing
tobacco settlement programs to ensure that each program is reviewed and evaluated as deemed necessary by the committee after consultation with the state auditor.
(7) Repealed.
Source: L. 2000: Entire section added, p. 593, � 3, effective May 18. L. 2003:
(7) amended, p. 1665, � 1, effective July 1. L. 2006: (5) and (7) amended, p. 1032, � 1, effective May 25; (6) amended, p. 315, � 1, effective August 7. L. 2010: (7)(c) added, (HB 10-1323), ch. 35, p. 132, � 7, effective March 22; (1) and (4) amended, (SB 10-073), ch. 386, p. 1806, � 1, effective June 30. L. 2012: IP(7)(a) and (7)(b) amended and (7)(a.5) added, (HB12-1249), ch. 72, p. 247, � 1, effective March 24. L. 2013: (1)(a) amended, (HB 13-1117), ch. 169, p. 588, � 17, effective July 1. L. 2016: (2) amended and (7) repealed, (HB 16-1408), ch. 153, pp. 461, 472, �� 2, 26, effective July 1. L. 2022: (1)(a) amended, (HB 22-1295), ch. 123, p. 825, � 18, effective July 1.
Cross references: For the legislative declaration in the 2013 act amending
subsection (1)(a), see section 1 of chapter 169, Session Laws of Colorado 2013.
C.R.S. § 2-3-304.5
2-3-304.5. Tax policy changes - dynamic model - pilot program - advisory committee. (1) The director of research shall establish a pilot program for the purpose of developing or procuring a dynamic model to analyze the economic impact of bills introduced by the general assembly that can be used as soon as possible.
(2) The director of research shall investigate all opportunities for developing
or procuring a dynamic model, including private, nonprofit, and academic alternatives. Any dynamic model selected by the director shall consider the direct and indirect or secondary economic effects related to the bill, including an estimate of the probable behavioral responses of taxpayers, businesses, and other persons to the proposed tax policy change. It is not necessary that the model be kept at the director's office.
(3) Repealed.
(4) (a) Prior to the first regular session that the dynamic model can be used,
the director of research shall notify the executive committee of the legislative council that the dynamic model is ready to be used to analyze bills during the upcoming regular session. If the model is ready, the executive committee shall select no more than ten bills to be analyzed using the dynamic model. Only bills that make a tax policy change are eligible to be analyzed. The analysis of the economic impact using a dynamic model shall be in addition to any fiscal note that is prepared pursuant to the rules of the general assembly.
(b) After the first regular session in which the dynamic model is used, the
director of research shall prepare a report evaluating how the dynamic model worked during the session and making recommendations for the use of the dynamic model in future sessions of the general assembly, including the feasibility of expanding the scope of the type of bills for which the dynamic model may be used. The report shall be prepared no later than January 1 of the year following the session in which the dynamic model was used.
(5) (a) It is the intent of the general assembly that for the fiscal year
commencing on July 1, 2006, no general fund moneys be appropriated for the purpose of implementing this section.
(b) The director of research is authorized to accept gifts, grants, or donations
from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the dynamic modeling cash fund, which fund is hereby created and referred to in this subsection (5) as the fund. The moneys in the fund shall be subject to appropriation by the general assembly for the direct and indirect costs associated with the implementation of this section. Any moneys in the fund not expended for the purpose of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(c) Except as otherwise provided in subsection (3) of this section, the
director of research shall not undertake the pilot program unless the balance in the fund is one hundred twenty thousand dollars. If the balance of the fund is at least one hundred twenty thousand dollars, then the director of research shall contract with an independent contractor to help implement the provisions of this section.
Source: L. 2005: Entire section added, p. 703, � 1, effective June 1. L. 2006:
(1), (4), (5)(a), and (5)(c) amended, p. 1617, � 1, effective August 7.
Editor's note: Subsection (3)(d) provided for the repeal of subsection (3),
effective July 1, 2008. (See L. 2005, p. 703.)
C.R.S. § 2-5-105
2-5-105. Publication contract - legislative declaration. (1) (a) Consistent with the requirement of section 8 of article XVIII of the state constitution that the general assembly provide for the publication of the laws passed at each session, the state acknowledges its obligation to provide official sets of statutes that are reasonably priced, accurate, and easy to use. In fulfillment of this obligation, the general assembly provides for distribution of statutes to state and local government agencies and the courts, without charge, in accordance with section 2-5-116 and provides for sale of statutes to the public in accordance with sections 2-5-111 and 2-5-118.
(b) The general assembly hereby finds and declares that:
(I) This section is enacted to assure that the obligation set forth in paragraph
(a) of this subsection (1) is met consistent with the requirements of section 29 of article V of the state constitution governing the printing, binding, and distribution of the laws;
(II) An official, softbound, fully annotated set of statutes that is republished
in its entirety annually and that is prepared under the supervision and direction of the committee on legal services of the general assembly meets that obligation; and
(III) On and after January 1, 1997, annual, softbound, official statutes shall be
printed as a continuation of the original enactment of the Colorado Revised Statutes printed in accordance with the provisions of this article.
(2) On and after January 1, 1997, the work of the printing, binding, and
packaging of softbound volumes and publications ancillary to Colorado Revised Statutes, originally entitled Colorado Revised Statutes 1973, and other similar operations precedent to the distribution thereof when published shall be performed pursuant to a contract or contracts bid and entered into in the manner directed by the committee on legal services in accordance with this section. Such contract or contracts shall be bid by employing standard bidding practices including, but not limited to, the use of requests for information, requests for proposals, or any other standard vendor selection practices determined by the committee to be best suited to selecting an appropriate printing contractor. The executive director of the department of personnel shall provide such technical advice and assistance regarding bidding procedures as deemed necessary by the committee.
(3) (a) It is the intent of the general assembly that the work of printing,
binding, and packaging of softbound volumes and publications ancillary to Colorado Revised Statutes be submitted to bid and any contract or contracts be awarded by the committee on legal services at least one year prior to the expiration of the current printing contract on December 31, 1997. However, if the committee determines that a further extension of the current contract would facilitate preparation of Colorado Revised Statutes in a new format and that such an extension would be in the public interest, the committee may extend such contract for an additional period not to exceed five years. The committee shall determine whether such an extension should be granted and, subject to the five-year limitation, the duration of any extension. Subsequent contracts for the work of printing, binding, packaging, and distribution shall be rebid at the direction of the committee on legal services prior to the expiration of a contract or, if an extension is granted, prior to the expiration of the extension period. Subsequent contracts shall be awarded at least six months prior to the expiration of a prior contract or extension period. The committee shall assure that the work is rebid at least every ten years. Such contract or contracts shall be awarded to the lowest responsible bidder or bidders and the determination thereof by the committee shall be final.
(b) The terms and conditions of any contract shall be determined by the
committee on legal services, subject to the following:
(I) The term of any contract shall not exceed five years; however, the
committee on legal services may extend the term of any such contract for one additional period of not more than five years if it finds that such an extension would be in the public interest; and
(II) Any contract shall contain adequate procedures to allow for verification
of actual costs of printing.
(c) The methods and terms of sale of Colorado Revised Statutes to the public
shall be included in the contract as an alternative provision as provided for in section 2-5-111.
(d) The committee on legal services may authorize such enhancements to or
improvements in Colorado Revised Statutes as the committee deems appropriate.
(e) In the award of said contract or contracts, the committee on legal
services shall take into consideration the policies set forth in the Unfair Practices Act, article 2 of title 6, C.R.S.
(f) In determining the lowest responsible bidder in the award of said contract
or contracts or in determining whether to extend any such contract as provided for in paragraph (b) of this subsection (3), the committee on legal services shall take into consideration the economic, fiscal, and tax impacts of the award or extension on the state of Colorado, its citizens, and its businesses. The information must be provided in writing and shall be verifiable by legal services staff.
(4) (Deleted by amendment, L. 93, p. 548, � 1, effective April 29, 1993.)
Source: L. 70: p. 366, � 1. C.R.S. 1963: � 135-6-5. L. 71: p. 1241, � 1. L. 81:
Entire section amended, p. 1290, � 10, effective January 1, 1982. L. 83: Entire section amended, p. 378, � 4, effective July 1. L. 91: Entire section amended, p. 1902, � 1, effective May 24. L. 93: Entire section amended, p. 548, � 1, effective April 29. L. 96: Entire section amended and (2) amended, pp. 1345, 1512, �� 3, 36, effective June 1.
C.R.S. § 20-1-111
20-1-111. District attorneys may cooperate or contract - contents - appropriation. (1) District attorneys may cooperate or contract with one another to provide any function or service lawfully authorized to each of the cooperating or contracting district attorneys, including the sharing of costs and the administration and distribution of moneys received for mandated costs.
(2) Any such contract shall set forth fully the purposes, powers, rights,
obligations, and responsibilities, financial and otherwise, of the contracting district attorneys.
(3) Any such contract may provide for the joint exercise of the function or
service, including the establishment of a separate legal entity to do so. The district attorneys may allocate up to five percent of the moneys received for mandated costs authorized by the general assembly for administrative expenses.
(4) (a) The statewide organization representing district attorneys or any
other organization established pursuant to this article may receive, manage, and expend state funds in the manner prescribed by the general assembly on behalf of the district attorneys who are members of the organization.
(b) (I) The general assembly shall annually appropriate three hundred fifty
thousand dollars to the department of law for allocation to the Colorado district attorneys' council, the statewide organization representing district attorneys, or its successor, for the public purpose of providing prosecution training, seminars, continuing education programs, and other prosecution-related services on behalf of the district attorneys who are members of the organization, including, but not limited to, costs and expenses for personnel, administration, materials, and travel.
(II) Repealed.
(c) The general assembly shall make an appropriation to the department of
law for state fiscal year 2019-20 for allocation to the statewide organization representing district attorneys for the public purpose of providing prosecution training concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27.
(d) The general assembly shall annually appropriate necessary funds to the
department of law for allocation to the Colorado district attorneys' council, or its successor, for the public purpose of providing grants to local district attorneys' offices to cover costs and expenses related to complying with the bond hearing requirements of section 16-4-102 (2)(a). By November 1 of each year, the Colorado district attorneys' council shall submit a request to the joint budget committee for necessary funds consistent with this subsection (4)(d).
Source: L. 77: Entire section added, p. 1033, � 1, effective July 1. L. 2002: (1)
and (3) amended, p. 761, � 13, effective July 1. L. 2013: (4) added, (SB 13-250), ch. 333, p. 1943, � 69, effective October 1. L. 2014: (4) amended, (HB 14-1144), ch. 201, p. 732, � 1, effective May 15. L. 2019: (4)(c) added, (SB 19-223), ch. 227, p. 2291, � 15, effective July 1. L. 2020: (4)(b) amended, (HB 20-1369), ch. 206, p. 1011, � 1 effective June 30. L. 2021: (4)(d) added, (HB 21-1280), ch. 457, p. 3051, � 4, effective September 7.
Editor's note: Subsection (4)(b)(II)(B) provided for the repeal of subsection
(4)(b)(II), effective July 1, 2021. (See L. 2020, p. 1011.)
C.R.S. § 21-2-103
21-2-103. Representation of persons who are indigent. (1) The office of alternate defense counsel shall provide legal representation in the following circumstances:
(a) In cases involving conflicts of interest for the state public defender as
determined pursuant to subsection (1.5) of this section; and
(b) (Deleted by amendment, L. 2000, p. 1479, � 2, effective August 2, 2000.)
(c) To indigent persons who are charged with municipal code violations for
which there is a possible sentence of incarceration, as the alternate defense counsel in his or her discretion may determine, and as available resources allow. The office of alternate defense counsel shall provide such representation only pursuant to a contract between a requesting municipality and the office of alternate defense counsel. Any such contract must require the municipality to be financially responsible for all services rendered and expenses incurred by contractors to defend persons charged with such municipal code violations in the contracting municipality. The office of alternate defense counsel is not required to contract with any municipality unless the office of alternate defense counsel determines that the municipality has sufficient funding and personnel to administer and oversee the contracts for the provision of indigent defense services in that municipality.
(1.5) (a) To request withdrawal from a case due to a conflict of interest, the
state public defender shall submit to the court having jurisdiction over the case a motion specifically describing the nature of the conflict of interest. If the state public defender determines that ethical obligations prevent a specific description of the nature of the conflict of interest, the state public defender shall cite any applicable legal authority for the determination, and the portion of the motion that specifically describes the nature of the conflict shall be sealed. In the event an issue arises later concerning whether an actual conflict existed, the sealed portion of the motion may be opened and examined by the original judge or by another judge if necessary to prevent the violation of an ethical obligation.
(b) Upon review of the motion, the court shall determine whether a conflict of
interest exists that would require withdrawal of the state public defender and appointment of the alternate defense counsel.
(c) Repealed.
(d) If the court allows withdrawal of the state public defender and appoints
the alternate defense counsel and it is later determined that no genuine conflict of interest existed, the office of the state public defender shall reimburse the office of the alternate defense counsel for the cost of the representation.
(2) In cases involving conflicts of interest for the state public defender, the
determination of indigency shall be made by the state public defender in accordance with section 21-1-103.
(3) (Deleted by amendment, L. 2000, p. 1479, � 2, effective August 2, 2000.)
(4) The office of alternate defense counsel shall provide legal representation
for persons who are indigent by contracting with licensed attorneys and other persons necessary to provide legal services commensurate with those available to persons who are not indigent pursuant to section 21-2-105.
(5) The office of alternate defense counsel may, but is not required to,
evaluate the performance of attorneys providing indigent defense in municipal courts at the request of any municipality, as described in section 13-10-114.5 (3)(c)(II). The office of alternate defense counsel shall not perform any such evaluations without sufficient funding for personnel to perform such evaluations.
Source: L. 96: Entire article added, p. 1014, � 1, effective May 23. L. 99: (1)(a)
and (2) amended and (1.5) added, p. 874, � 1, effective August 4. L. 2000: (1)(b), (3), and (4) amended, p. 1479, � 2, effective August 2 L. 2018: (1) amended and (5) added, (SB 18-203), ch. 354, p. 2112, � 2, effective August 8. L. 2023: (4) amended, (HB 23-1033), ch. 9, p. 28, � 1, effective August 7. L. 2025: (1.5)(c) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: Subsection (1.5)(c) was relocated to � 21-2-100.3 (2) in 2025.
C.R.S. § 21-2-104
21-2-104. Duties of alternate defense counsel and contract attorneys - report. (1) When representing an indigent person, the attorney under contract with the office of alternate defense counsel shall:
(a) Counsel and defend such person, whether he or she is held in custody,
filed on as a delinquent, or charged with a felony offense, at every stage of the proceedings following arrest, detention, or service of process; and
(b) Prosecute any appeals or other remedies before or after conviction that
the alternate defense counsel or the contract attorney considers to be in the interest of justice.
(2) In no case shall the alternate defense counsel or a contract attorney be
required to prosecute any appeal or other remedy unless the alternate defense counsel or contract attorney is satisfied that there is arguable merit to the proceeding.
(3) Notwithstanding section 24-1-136 (11)(a)(I), pursuant to section 2-7-203,
the office of alternate defense counsel shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning:
(a) The number of juvenile delinquency cases for which counsel from the
office is appointed;
(b) The number of juvenile cases that involve a conflict of interest;
(c) The process of selecting, training, and supporting attorneys who
represent children in juvenile delinquency court;
(d) The average length of time attorneys are assigned to juvenile court;
(e) The outcome of efforts to reduce juvenile court rotations and increase
opportunities for promotional advancement in salaries for attorneys in juvenile court; and
(f) The process of training employees and contractors concerning
determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27.
Source: L. 96: Entire article added, p. 1014, � 1, effective May 23. L. 2000:
IP(1) amended, p. 1480, � 3, effective August 2. L. 2014: (3) added, (HB 14-1032), ch. 247, p. 955, � 10, effective November 1. L. 2019: IP(3), (3)(d), and (3)(e) amended and (3)(f) added, (SB 19-223), ch. 227, p. 2292, � 17, effective July 1.
C.R.S. § 21-2-105
21-2-105. Contracts with attorneys and other legal services providers. (1) On and after January 1, 1997, the office of alternate defense counsel shall contract, where feasible, without prior approval of the court, for the provision of attorney services for cases described in section 21-2-103 (1). To provide for adequate legal representation of persons who are indigent, the office of alternate defense counsel may contract, where feasible, without prior approval of the court, for the provision of necessary legal services commensurate with those available to persons who are not indigent for cases described in section 21-1-103 (1). The office of alternate defense counsel shall establish, where feasible, a list of approved contract attorneys to serve as counsel and a list of approved legal services providers to provide services in such cases. As a condition of placement on the approved list, the contracting attorney or legal services provider shall agree to provide services based on the terms to be established in a contract, at either a fixed fee established by the office of alternate defense counsel or the hourly rate for reimbursement set by the supreme court. Terms of the contract must be negotiated between the alternate defense counsel and the contract attorney or legal services provider. Contracts made pursuant to this section must specify that the services must be provided subject to the Colorado rules of professional conduct.
(2) (a) Contracts made pursuant to this section must provide for reasonable
compensation and reimbursement for expenses necessarily incurred, to be fixed and paid from state funds appropriated therefor. The office of alternate defense counsel shall review the bills submitted for reimbursement by any contractor and may approve or deny the payment of such bills in whole or in part based on the terms set forth in the contract negotiated between the alternate defense counsel and the contractor.
(b) The rate contracted for attorney time pursuant to subsection (2)(a) of this
section for fiscal year 2023-24 is one hundred dollars per hour for cases involving a type B felony as referenced in attachment D to chief justice directive 04-04 and as modified by the gradations found in attachment D to chief justice directive 04-04. That hourly rate must be increased annually by no more than five dollars each year until the hourly rate is at least seventy-five percent of the rate set pursuant to the federal Criminal Justice Act Revision of 1986, 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court. That hourly rate may be adjusted in subsequent fiscal years to maintain the hourly rate at or above seventy-five percent of the rate set pursuant to the federal Criminal Justice Act Revision of 1986, 18 U.S.C. sec. 3006A, as amended, for indigent representation in federal court.
(3) Colorado relies primarily on an independent contractor model of legal
representation for court-appointed adult and youth representation in accordance with this section when the public defender's office has a legal conflict of interest. While the office of the alternate defense counsel provides some legal representation for indigent individuals on some cases through state employees and will continue to explore the use of state employee staff model solutions where feasible, Colorado's need for conflict-free indigent defense counsel cannot be filled or provided statewide by direct employees of the office of the alternate defense counsel. For the purpose of determining eligibility for federal public service loan forgiveness, any independent contractor, including, but not limited to, a resource advocate, an investigator, a case assistant, an attorney, a social worker, a paralegal, or a legal researcher, who is currently providing or has previously provided legal services or services through an interdisciplinary legal team has a conflict in providing these services as a state employee. The director of the office of the alternate defense counsel or the director's designee is authorized to sign a certification for any current or past independent contractor that certifies that the contractor appears to be eligible for federal public service loan forgiveness as allowed by federal law or regulations. With the authorization of an independent contractor, the director of the office of the alternate defense counsel or the director's designee may share information, including the contractor's name, social security number or federal employer identification number, and the total number of hours billed by the contractor by calendar year, with other independent judicial agencies for the purpose of certifying apparent past, current, and future eligibility for public service loan forgiveness allowed by federal law or regulations.
Source: L. 96: Entire article added, p. 1015, � 1, effective May 23. L. 2000: (1)
amended, p. 1480, � 4, effective August 2. L. 2023: (2) amended, (SB 23-227), ch. 77, p. 279, � 1, effective August 7; entire section amended, (HB 23-1033), ch. 9, p. 28, � 2, effective August 7. L. 2024: (3) added, (HB 24-1374), ch. 181, p. 980, � 4, effective May 15.
Editor's note: Amendments to subsection (2) by SB 23-227 and HB 23-1033
were harmonized.
Cross references: For the legislative declaration in HB 24-1374, see section 1
of chapter 181, Session Laws of Colorado 2024.
C.R.S. § 22-1-135
22-1-135. Terms and conditions in public school contracts - definitions. (1) As used in this section:
(a) Construction means the process of building, altering, repairing,
improving, or demolishing any public structure or building or any other public improvements of any kind to any real property that is owned or leased by a contracting entity or by a public school and is used for the direct benefit of or in support of a public school.
(b) Contractor means any person having a contract with a public school
contracting entity. Contractor does not include an employee of a public school contracting entity or of a public school to be directly benefited by or supported by a public school contract.
(c) Public school contract means any type of agreement, regardless of
what it may be called, entered into between a public school contracting entity and a contractor where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of or in support of a public school; except that public school contract does not include an agreement for the acquisition of professional services, as defined in section 24-30-1402 (6).
(d) Public school contracting entity means an entity that is authorized to
contract for the direct benefit of or support of a public school and enters into a public school contract. Public school contracting entity includes a school district and, to the extent authorized by law, a public school, an administrative unit, as defined in section 22-20-103 (1), a participating provider, as defined in section 22-82.9-301 (6), or any other entity that is authorized to contract for the direct benefit of or support of a public school.
(2) (a) A term or condition in a public school contract is void ab initio if the
term or condition:
(I) Requires the public school contracting entity to indemnify or hold
harmless another person;
(II) Specifies that the public school contracting entity agrees to binding
arbitration or to any other binding extra-judicial dispute resolution process;
(III) Specifies that the public school contracting entity agrees to limit liability
of another person for bodily injury, death, or damage to property of the public school contracting entity or a public school directly benefited by or supported by the public school contract that is caused by the negligence or willful misconduct of the person or of the person's employees or agents;
(IV) Purports to waive, alter, or limit the application of any provision of the
Colorado Governmental Immunity Act, article 10 of title 24;
(V) Purports to waive, alter, or limit the application of the Student Data
Transparency and Security Act, article 16 of this title 22, the provisions of sections 6-1-713 and 6-1-713.5 relating to protection and disposal of personal identifying information, the provisions of article 73 of title 24 relating to security breaches and personal information, or, upon it taking effect on July 1, 2023, the Colorado Privacy Act, part 13 of article 1 of title 6; or
(VI) Conflicts with Colorado law or rules promulgated pursuant to Colorado
law or conflicts with any provision required to be included or deemed to be included in a public school contract by subsection (2)(d) of this section as of the date the contract is executed.
(b) If a public school contract contains a term or condition that is void ab
initio under subsection (2)(a) of this section, the public school contract is otherwise enforceable as if it did not contain the void term or condition.
(c) All public school contracts, except for contracts with another
government, are governed by Colorado law notwithstanding any contract term or condition to the contrary.
(d) A public school contract must include provisions, and if such provisions
are omitted, the contract is deemed to include provisions that:
(I) State that, subject to the requirements of section 24-91-103.6 pertaining
to contracts for the construction and design of public works projects, any and all contractual financial obligations of the public school contracting entity that are payable after the current fiscal year are contingent on money to pay the obligations being appropriated, budgeted, and otherwise made available;
(II) Require the contractor to comply with all applicable federal, state, and
local laws, rules, and regulations in effect when the contract is executed or thereafter established, including, without limitation:
(A) Laws, rules, and regulations applicable to discrimination and unfair
employment practices; and
(B) Laws, rules, and regulations that require the protection of personal
identifying information, including student personal identifying information, as defined in section 22-16-103 (13), such as the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, the Student Data Transparency and Security Act, article 16 of this title 22, the provisions of sections 6-1-713 and 6-1-713.5 relating to protection and disposal of personal identifying information, the provisions of article 73 of title 24 relating to security breaches and personal information, or, upon it taking effect on July 1, 2023, the Colorado Privacy Act, part 13 of article 1 of title 6; and
(C) Accessibility standards for an individual with a disability adopted by the
office of information technology pursuant to section 24-85-103.
(III) Require the contractor to perform its duties as an independent
contractor, to pay when due all applicable employment taxes and income taxes for its employees incurred in the performance of the contract, and to provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law; and
(IV) Require the contractor to indemnify, hold harmless, and assume liability
on behalf of the public school contracting entity, the public school, and the public school's employees and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by a school district in relation to a contractor's noncompliance with accessibility standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103.
(e) A public school contracting entity may require that the contractor's
compliance with accessibility standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103 is determined and attested to by a qualified third party selected by the public school contracting entity.
(3) (a) For contracts executed on or after July 1, 2023, when reviewing
proposals received and for selecting the entity to provide technology, in accordance with the procurement laws applicable to the department, school district, or institute charter school, the department, school district, or institute charter school may consider life-cycle cost.
(b) For the purpose of this subsection (3), unless the context otherwise
requires:
(I) Life-cycle cost means the purchase cost of technology minus the resale
value at the end of the technology's expected useful life, in addition to the maintenance incurred during the technology's expected useful life.
(II) Technology means any device, computer, hardware, software, or
related accessory.
Source: L. 2022: Entire section added, (HB 22-1252), ch. 87, p. 414, � 1,
effective April 12. L. 2023: (3) added, (SB 23-287), ch. 189, p. 923, � 8, effective May 15. L. 2024: (2)(d)(II)(B) amended, (HB 24-1450), ch. 490, p. 3413, � 31, effective August 7. L. 2025: (1)(d) amended, (SB 25-300), ch. 428, p. 2447, � 22, effective August 6; IP(2)(d) and (2)(d)(III) amended and (2)(d)(II)(C), (2)(d)(IV), and (2)(e) added, (HB 25-1152), ch. 246, p. 1239, � 1, effective August 6.
Editor's note: Section 3 of chapter 246 (HB 25-1152), Session Laws of
Colorado 2025, provides that the act changing this section applies to contracts or agreements entered into, amended, or renewed on or after August 6, 2025.
Cross references: For the legislative declaration in SB 23-287, see section 1
of chapter 189, Session Laws of Colorado 2023.
C.R.S. § 22-1-135.5
22-1-135.5. Nondisclosure agreements - protection of school district, board of cooperative services, and public school employees - definitions. (1) (a) No school district, board of cooperative services, public school, or any department, institution, or agency of a school district, board of cooperative services, or public school shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the school district, board of cooperative services, or public school or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the
employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined
in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Trade secrets or other confidential or sensitive information provided to or
made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IV) Information bearing on the specialized details of security arrangements
or investigations, including security arrangements for or investigations into elected officials or other individuals, physical infrastructure, or cybersecurity;
(V) Information derived from communications of the employer related to
threatened or pending legal or administrative action;
(VI) Discussions that occur in an executive session authorized by section 24-6-402;
(VII) Trade secrets or information derived from trade secrets or proprietary
information of the employer;
(VIII) Information and records not subject to disclosure under the Colorado
Open Records Act, part 2 of article 72 of title 24; or
(IX) Trade secrets owned by the employer.
(b) Any provision in any contract or agreement that violates subsection (1)(a)
of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the
employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined
in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Trade secrets or other confidential or sensitive information provided to or
made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IV) Information bearing on the specialized details of security arrangements
or investigations, including for elected officials or other individuals, physical infrastructure, or cybersecurity;
(V) Information derived from communications of the employer related to
threatened or pending legal or administrative action;
(VI) Discussions that occur in an executive session authorized by section 24-6-402;
(VII) Trade secrets or information derived from trade secrets or proprietary
information of the employer;
(VIII) Information and records not subject to disclosure under the Colorado
Open Records Act, part 2 of article 72 of title 24; or
(IX) Trade secrets owned by the employer.
(2) (a) No school district, board of cooperative services, public school, or
department, institution, or agency of a school district, a board of cooperative services, or a public school shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.
(b) Any employer who enforces or attempts to enforce a provision deemed
by a court to be against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.
(c) An action to enforce a provision of this section must be brought in the
district court for the district in which the employee is primarily employed.
(3) A settlement agreement between an employer that is a school district,
board of cooperative services, or public school or a department, institution, or agency of a school district, a board of cooperative services, or a public school and an employee of the employer must be signed by both the employer and the employee.
(4) A nondisclosure agreement may not prohibit the release of information
required to be released under the Colorado Open Records Act, part 2 of article 72 of title 24.
(5) Nothing in this section prevents an employer from requiring an employee
to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.
(6) As used in this section:
(a) Condition of employment means an employment-related policy,
practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer.
(b) Employee means an applicant for employment with, or current or past
employee of, a school district, board of cooperative services, or public school or a department, institution, or agency of a school district, board of cooperative services, or public school.
Source: L. 2023: Entire section added, (SB 23-053), ch. 320, p. 1929, � 2,
effective August 7.
Cross references: For the legislative declaration in SB 23-053, see section 1
of chapter 320, Session Laws of Colorado 2023.
C.R.S. § 22-1-143
22-1-143. Harassment or discrimination - policy required - training and notification - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Contractor means a person who has direct contact with or supervision
over students pursuant to a contract with a school or local education provider.
(b) Complainant means a person who is subject to, and files a report of,
alleged misconduct or discrimination pursuant to a local education provider's policy.
(b.5) Department means the department of education created in section
24-1-115.
(c) Employee means any employee of the public school or school district,
including teachers, teacher aides, bus drivers, cafeteria workers, custodial staff, athletic staff, administrative and clerical staff, school medical staff and security staff, and contractors.
(d) (I) Harassment or discrimination means to engage in, or the act of
engaging in, any unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class based on disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, family composition, religion, age, national origin, or ancestry, which conduct or communication is objectively offensive to a reasonable individual who is a member of the same protected class. The conduct or communication need not be severe or pervasive to constitute harassment or discrimination and constitutes harassment or discrimination if:
(A) Submission to the conduct or communication is explicitly or implicitly
made a term or condition of the individual's access to an educational service, opportunity, or benefit;
(B) Submission to, objection to, or rejection of the conduct or communication
is used or explicitly or implicitly threatened to be used as a basis for educational decisions affecting the individual; or
(C) The conduct or communication has the purpose or effect of unreasonably
interfering with the individual's access to their educational service, opportunity, or benefit or creating an intimidating, hostile, or offensive educational environment.
(II) Petty slights, minor annoyances, and lack of good manners do not
constitute harassment or discrimination unless the slights, annoyances, or lack of manners, when taken in combination and under the totality of the circumstances, meet the standard set forth in subsection (1)(d)(I) of this section.
(III) Whether conduct constitutes harassment or discrimination is judged
under the totality of the circumstances, which may include, but is not limited to:
(A) The frequency of the conduct or communication, recognizing that a
single incident may rise to the level of harassment or discrimination;
(B) The number of individuals engaged in the conduct or communication;
(C) The type or nature of the conduct or communication;
(D) The duration of the conduct or communication;
(E) The location where the conduct or communication occurred;
(F) Whether the conduct or communication is threatening;
(G) Whether any power differential exists between the individual alleged to
have engaged in harassment or discrimination and the individual alleging the harassment or discrimination;
(H) Any use of epithets, slurs, or other conduct or communication that is
humiliating or degrading;
(I) Whether the conduct or communication reflects stereotypes about an
individual or group of individuals in a protected class; or
(J) Whether the conduct includes an act of physical violence.
(IV) Harassment or discrimination includes the knowing or intentional use of
a name other than a student's chosen name, as defined in section 22-1-145 (1).
(e) Local education provider means a school district, a charter school
authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
(e.5) Office of school safety means the office of school safety created in
section 24-33.5-2702.
(f) Policy means the policy adopted by a local education provider as
required in subsection (3) of this section.
(g) Public school means an elementary school, middle school, junior high
school, high school, or district charter school of a school district that enrolls students in any of grades kindergarten through twelve or an institute charter school that enrolls students in any of grades kindergarten through twelve.
(h) Respondent means the individual who has been reported to be the
perpetrator of alleged harassment or discrimination.
(i) Title IX means Title IX of the federal Education Amendments of 1972,
20 U.S.C. secs. 1681 et seq., as amended.
(2) (a) A public school shall accept formal reports of harassment or
discrimination in writing or in person; by phone, email, or online form.
(b) A report of harassment or discrimination received by a public school is
confidential and employees shall keep information learned during an investigation of harassment or discrimination confidential to the extent practicable. Nothing in this section prevents employees from reporting known or suspected child abuse or neglect as required pursuant to section 19-3-304 or reporting any other criminal activity to law enforcement. Nothing in this section prohibits a public school or a local education provider from providing records to law enforcement, the department of human services, or a district attorney for the investigation or prosecution of any crime.
(c) Each public school shall post notices in multiple places in the school,
written in simple and age-appropriate language, describing how and to whom a student can report harassment or discrimination to the school. The notices must be conspicuously posted in easily accessible and well-lit places customarily frequented by students and employees.
(d) Each local education provider shall adopt procedures for investigating
reports of harassment or discrimination, which must be fair, impartial, and prompt, and must:
(I) Require a public school to make a good faith effort to complete an
investigation and make any findings within sixty days after the report, without infringing upon the rights enshrined in federal and state law of the complainant or the respondent; except that the public school may extend the sixty-day deadline for up to thirty additional days for good cause with prior written notice to the complainant and to the respondent of the delay and the reason for the delay or may extend the deadline at the request of a law enforcement agency;
(II) Include preponderance of the evidence as the evidentiary standard,
notwithstanding any other evidentiary standard in any other policy of the local education provider;
(III) Specify that all questions related to the investigation be directed to the
individual conducting the investigation, or the individual's designee, and that the individual or designee conducting the investigation shall consider patterns of misconduct as relevant evidence;
(IV) Provide the parties with the same opportunity to have an advisor or other
person present during any part of the investigative process;
(V) Provide written updates about the status of an investigation or
proceeding to the parties and the parties' parents or legal guardians at each stage of the investigation or proceeding, but at least every fifteen business days;
(VI) Provide for concurrent notification to the parties of the outcome of the
investigation and any findings; and
(VII) Prohibit retaliation against a student who makes a report, or
participates in an investigation into a report made, pursuant to this section. Charges against a student for code of conduct violations related to the incident for the purpose of punishing a student for making a report or otherwise interfering with any right or privilege secured by this section constitutes retaliation.
(e) Each local education provider shall retain the records of a harassment or
discrimination report for seven years. The record of a report includes any accommodations or supportive measures taken in response to a report or formal complaint of harassment or discrimination and documentation of the basis for the local education provider's action and response.
(f) A public school shall grant an excused absence to a student who has
experienced harassment or discrimination for any time the student is out of school because of a therapy, medical, legal, or victim services appointment related to the harassment or discrimination.
(g) (I) A public school shall offer accommodations and supportive measures
to a student experiencing harassment or discrimination that are designed to protect the safety of all students and that preserve and restore equal access to education for the student. Accommodations and supportive measures may include, but are not limited to, counseling, extensions of deadlines or other course-related adjustments, extra time for homework or tests, the opportunity to resubmit homework or retake a test, remedying an impacted grade, excused absences, the opportunity for home instruction, modifications to class schedules, and restrictions on contact between the parties to a report of harassment or discrimination.
(II) A public school shall provide supportive measures required pursuant to
Title IX, and may provide any other supportive measures as soon as it receives a report of harassment or discrimination.
(III) A public school shall not require a formal report or finding of harassment
or discrimination before providing supportive measures.
(3) (a) On or before July 1, 2024, each local education provider shall adopt a
written policy that protects students experiencing harassment or discrimination. The policy adopted pursuant to this subsection (3) is separate from and in addition to any policy a public school or local education provider must adopt pursuant to Title IX. Each local education provider shall periodically review and update the policy.
(b) The policy must be written in plain language and include the following:
(I) Information on all reporting options available to a student;
(II) The name and contact information for the person designated to receive
reports of harassment or discrimination, who may be the Title IX coordinator or serve in an equivalent position in the school;
(III) An explanation of the school's role in responding to reports of
harassment or discrimination, preventing recurrence of harassment or discrimination, and remedying effects of the harassment or discrimination;
(IV) The contact information for resources for victims of violence, including a
local, state, or national twenty-four-hour helpline for domestic violence and sexual violence support;
(V) The protocol for employees to respond to reports of harassment or
discrimination, including:
(A) The procedures adopted pursuant to subsection (2)(d) of this section for
investigating reports of harassment or discrimination and making findings that are fair, impartial, and prompt; and
(B) Prohibiting reliance solely on a criminal investigation by a law
enforcement agency in lieu of responding to a report of harassment or discrimination promptly and effectively;
(VI) A prohibition on a school using a student report of harassment or
discrimination, whether verbal or in writing, or information revealed in any investigation or disciplinary proceedings of the report, as the basis for, or a consideration in, investigating or exacting any disciplinary response for a school violation by the reporting student or complainant related to the reported incident for any of the following: Engaging in reasonable self-defense against the respondent, consensual sexual activity, drug use, alcohol use, late arrival, truancy, unauthorized access to facilities, talking publicly about the reported harassment or discrimination, or expressing a trauma symptom; except that nothing in this section prohibits a school or local education provider from disciplining a student who knowingly makes a false report of harassment or discrimination, or disciplining a student when necessary to ensure the safety of any student or employee. A finding of no harassment or discrimination does not itself constitute a false report.
(VII) Information about available accommodations and supportive measures
described in subsection (2)(g) of this section, including information about how a student can request supportive measures and an explanation of additional accommodations available for students with disabilities.
(c) Each public school shall make the policy available to students, students'
parents and legal guardians, and employees by:
(I) Prominently displaying the policy on the home page of its website;
(II) Annually distributing the policy through electronic means to parents and
legal guardians of students enrolled at the public school and separately to students enrolled in sixth through twelfth grade. The copy of the policy distributed pursuant to this subsection (3)(c)(II) must be distributed separately from any other document.
(III) Providing a physical copy of the policy to each incoming student and the
parent or legal guardian of each incoming student, upon request; and
(IV) Annually distributing the policy to employees.
(d) A policy distributed to a student, parent, legal guardian, or employee,
whether a physical or electronic copy, must be available in English and, upon request, in Spanish. The policy posted on the website must be in English and a school may also post the policy in Spanish.
(4) Beginning with the training conducted for employees for the 2025-26
school year, but beginning no later than December 31, 2025, each public school shall provide training to all employees about harassment and discrimination. Each new employee of a public school shall complete training upon hiring and at least every three years thereafter; except that an employee shall complete training when transferring from a position working with elementary school-aged students to a position working with secondary school-aged students, or transferring from a position working with secondary school-aged students to a position working with elementary school-aged students. The training must be provided during the employee's normal working hours. Training provided on and after August 1, 2025, must be consistent with the best practices developed pursuant to subsection (8) of this section. A public school may use the training developed and made available to schools pursuant to subsection (8)(h) of this section. The training must include, at a minimum, instruction on the following:
(a) Recognizing harassment or discrimination, including indicators of
grooming and child sexual abuse, and distinguishing harassment and discrimination from bullying;
(b) The appropriate immediate response when harassment or discrimination
is reported to or witnessed by an employee;
(c) Reporting harassment or discrimination to the public school or school
district; and
(d) If the employee has direct supervision of students, the following:
(I) The public school's procedure for responding to allegations of harassment
or discrimination;
(II) The difference between the public school's harassment or discrimination
policy adopted pursuant to this section; obligations required by federal law in Title IX; section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.; Title VI of the federal Civil Rights Act of 1964, 42 U.S.C. sec. 2000d et seq.; and Title VII of the federal Civil Rights Act of 1964, 42 U.S.C. sec. 2000e et seq.; and mandatory reporting requirements in state law;
(III) Best practices for avoiding victim-blaming; the effect of trauma on
victims of harassment or discrimination; communicating with victims sensitively, compassionately, and in a gender-inclusive and culturally responsive manner; and the impact of harassment or discrimination on students with disabilities; and
(IV) The types of supportive measures available to students and the provision
of effective academic, mental health, and safety accommodations for students who report harassment or discrimination.
(4.2) The training for employees who have direct supervision of students
described in subsection (4)(d) of this section must include instruction that is specific based on whether the employee is supervising elementary school-aged students or secondary school-aged students.
(5) (a) On or before July 1, 2025, and on or before July 1 of each year
thereafter, each public school of a school district shall report to the school district, and each institute charter school shall report to the state charter school institute, the following information, aggregated and without personally identifiable information about the parties, from the prior twelve months:
(I) The number of formal harassment or discrimination reports received by
the school and the type of bias reported when harassment or discrimination was found; and
(II) The time to complete each investigation and to make findings related to
each report.
(b) On or before August 1, 2025, and on or before August 1 of each year
thereafter, the state charter school institute and each school district shall report to the department of education the information it received from each school pursuant to subsection (5)(a) of this section.
(c) On or before October 1, 2025, and on or before October 1 of each year
thereafter, the department shall report the information received pursuant to this section to the sexual misconduct advisory committee created in section 23-5-147.
(6) (a) This section does not authorize a public school or local education
provider, or the charter school institute, to violate any federal law, regulation, or guideline, including Title IX; section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq.; and Title VI of the federal Civil Rights Act of 1964, 42 U.S.C. sec. 2000d et seq., in carrying out the duties described in this section. If this section conflicts with Title IX, section 504 of the federal Rehabilitation Act of 1973, or Title VI of the federal Civil Rights Act of 1964, the applicable federal law prevails.
(b) If a person files a complaint alleging conduct or communication that is
governed by federal law and this section, both the federal law and this section apply and the school or local education provider shall concurrently evaluate the complaint pursuant to federal law and the procedures and policies required by this section.
(7) A complaint that is unsubstantiated is confidential and not subject to
disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of title 24, and must not serve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes a pattern of the same or similar behavior.
(8) (a) The department shall enter into an agreement with an organization to
develop best practices for local education providers, including public schools, to effectively respond to reports of harassment or discrimination.
(b) The department shall convene an evaluation committee to select the
organization. The commissioner of education shall determine the composition of the committee; except that the evaluation committee must include:
(I) Two representatives who each represent a school district, one of whom
represents a rural school district, appointed by the commissioner of education;
(II) Two persons who represent an organization that advocates for students
who face harassment or discrimination, appointed by the commissioner of education;
(III) Two persons with lived experience of having faced harassment or
discrimination, appointed by the commissioner of education;
(IV) Two students who are in grades seven through twelve, one of whom
attends school in a rural school district, appointed by the commissioner of education; and
(V) Two representatives from the office of school safety, appointed by the
director of the office of school safety.
(c) The organization selected pursuant to this subsection (8) must have
experience in K-12 education, have expertise in trauma-informed responses to harassment or discrimination for K-12-aged students, and have expertise in the minimum training topics set forth in subsection (4) of this section.
(d) The selected organization shall develop best practices for the following:
(I) Notifications by schools and local education providers to students and
parents of harassment or discrimination policies and procedures;
(II) How employees accept and respond to reports of harassment or
discrimination;
(III) Implementing trauma-informed responses to students; and
(IV) Training for employees about their responsibilities when responding to
harassment or discrimination, including distinguishing between bullying and harassment or discrimination, when possible.
(e) The best practices developed pursuant to this subsection (8) must be
aligned with the goal of a local education provider or school conducting effective and impartial investigations of reports of harassment or discrimination and comply with the requirements for the training described in subsection (4) of this section.
(f) When developing the best practices described in subsection (8)(d) of this
section, the selected organization shall evaluate a sample of school harassment or discrimination policies adopted by various schools nationwide and solicit and consider input from schools and local education providers statewide; the department; and the office of school safety. The selected organization shall also consider the resources of rural schools and local education providers. Upon request of the organization, the department shall assist the organization in soliciting feedback from schools and local education providers.
(g) (I) On or before December 31, 2024, the organization shall submit a report
to the department, the office of school safety, and the house of representatives education committee and the senate education committee, or their successor committees. The report must include an explanation of the best practices developed pursuant to subsection (8)(d) of this section and any other relevant recommendations of the organization. The department shall post the report on its website and provide the report to each local education provider.
(II) The department shall include, as part of its presentation during its
SMART Act hearing required by section 2-7-203 that occurs during the 2025 regular legislative session, information concerning the organization's report.
(h) The organization shall develop a harassment or discrimination training
program for use by schools. The training program must be consistent with the best practices developed by the organization pursuant to this subsection (8) and comply with the requirements for the training described in subsection (4) of this section. On or before April 1, 2025, the organization shall provide the training program materials to the department. The department shall make the training program materials available to public schools at no cost to the school.
(i) The general assembly finds and declares that for the purposes of section
17 of article IX of the state constitution, developing best practices to effectively respond to reports of harassment or discrimination, as described in this subsection (8), improves student safety and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
(j) The department shall not use more than ten percent of the money
appropriated to develop best practices to effectively respond to reports of harassment or discrimination, as described in this subsection (8), for the administrative costs incurred related to developing the best practices.
Source: L. 2023: Entire section added, (SB 23-296), ch. 390, p. 2337, � 2,
effective August 7. L. 2024: (1)(d)(IV) added, (HB 24-1039), ch. 127, p. 425, � 2, effective April 29; (1)(b.5), (1)(e.5), (4.2), and (8) added and IP(4) and (4)(a) amended, (SB 24-162), ch. 446, p. 3117, � 1, effective June 6.
C.R.S. § 22-1-145
22-1-145. Use of a student's chosen name - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Chosen name means any name that a student requests to be known as
that differs from the student's legal name, to reflect the student's gender identity.
(b) Gender identity means an individual's innate sense of the individual's
own gender, which may or may not correspond with the individual's sex assigned at birth.
(c) Local education provider means a school district, a charter school
authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools.
(d) Public school means an elementary school, middle school, junior high
school, high school, or district charter school of a school district that enrolls students in any of grades kindergarten through twelve or an institute charter school that enrolls students in any of grades kindergarten through twelve.
(2) A public school employee, educator, and contractor as defined in section
22-1-143 shall address a student by the student's chosen name and use the student's chosen name in school and during extracurricular activities.
(3) Unless done at a student's request, knowingly or intentionally using a
name other than the student's chosen name or the knowing or intentional avoidance or refusal to use a student's chosen name is discriminatory.
(4) A student who is subject to discrimination pursuant to subsection (3) of
this section may file a report with the public school in accordance with the requirements of section 22-1-143 (2) or file a complaint under the public school's or local education provider's policy adopted pursuant to Title IX of the federal Education Amendments of 1972, 20 U.S.C. sec. 1681 et seq., as amended.
(5) A local education provider shall implement a written policy outlining how
the local education provider will honor a student's request to use a chosen name and may include a process for including a student's chosen name on school records. A written policy adopted pursuant to this subsection (5) must comply with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, as amended, and section 22-1-123.
Source: L. 2024: Entire section added, (HB 24-1039), ch. 127, p. 424, � 1,
effective April 29.
C.R.S. § 22-1-145.5
22-1-145.5. Policies related to chosen names - definition. (1) As used in this section, local education provider means a school district, a charter school authorized by a school district pursuant to part 1 of article 30.5 of this title 22, a charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22, or a board of cooperative services created and operating pursuant to article 5 of this title 22 that operates one or more public schools, or a facility school approved pursuant to section 22-2-407.
(2) If a local education provider or its employees, an educator, or a
contractor, as defined in section 22-1-143, chooses to enact or enforce a policy related to names, that policy must be inclusive of all reasons that a student might adopt a name that differs from the student's legal name.
Source: L. 2025: Entire section added, (HB 25-1312), ch. 205, p. 928, � 6,
effective May 16.
Cross references: For the short title (Kelly Loving Act) in HB 25-1312, see
section 1 of chapter 205, Session Laws of Colorado 2025.
C.R.S. § 22-104-103
22-104-103. Colorado high-impact tutoring program - created - rules. (1) There is created in the department the Colorado high-impact tutoring program to provide grants to local education providers to implement high-impact tutoring programs prioritizing low-income or underserved students to address student learning loss or unfinished learning resulting from the COVID-19 pandemic. A local education provider or group of providers may apply for a grant.
(2) (a) A local education provider awarded a grant shall use the grant money
to implement a high-impact tutoring program that is substantially consistent with the local education provider's program plan submitted to the department pursuant to section 22-104-104. Except as provided in subsection (2)(b) of this section, and to the extent practicable, to receive a grant under this program, a local education provider's program plan must address the following elements of research-based, high-quality, high-impact tutoring programs:
(I) Tutoring is provided in groups of four or fewer students;
(II) The same tutor tutors the group of students throughout the school year;
(III) Tutoring is provided a minimum of three times per week;
(IV) Tutoring is implemented throughout the school day, not as a before- or
after-school program, and is supplemental to core academic instruction and not a replacement for such instruction;
(V) High-quality trained tutors provide the tutoring, including teachers,
paraprofessionals, community providers, AmeriCorps members, and other individuals who have received training;
(VI) The program uses a high-quality curriculum that is aligned with
academic standards and may be provided by the local education provider; and
(VII) Tutoring is data-driven, with interim assessments to monitor student
progress.
(b) The student benefits associated with high-impact tutoring are greater
when the program plan contains all of the elements set forth in subsection (2)(a) of this section. However, if a local education provider's program plan is not consistent with all of the elements set forth in subsection (2)(a) of this section, the local education provider shall include in its application submitted pursuant to section 22-104-104 the reason for the modification or omission of program elements and how the local education provider intends to achieve the same desired student outcomes through its high-impact tutoring program.
(c) Schools implementing high-impact tutoring are encouraged to think
creatively about seat time and scheduling so that students have consistent access to non-core-academic instruction.
(3) (a) The department shall determine allowable uses for grant money,
which uses may include but need not be limited to hiring or contracting for tutors or providing stipends or other incentives to paraprofessionals, retired teachers, AmeriCorps members, and community organizations to ensure tutoring capacity; developing curriculum and related supplies; covering costs associated with renting or purchasing physical space for tutoring; and covering administrative expenses. A local education provider may make a request to the department to use grant money for purposes other than those specified by the department if the proposed use of the grant money increases the effectiveness of the high-impact tutoring program.
(b) Local education providers are encouraged to offer tutors and other
professionals offering tutoring services information about potential pathways into the teaching profession for the district, including learn and earn strategies in which the tutor works toward educator certification while providing high-impact tutoring services.
(c) Local education providers, tutors, and other professionals offering
tutoring services shall comply with all state and federal laws relating to health, safety, and antidiscrimination, including but not limited to titles VI and VII of the federal Civil Rights Act of 1964, Pub.L. 88-352, as amended; the federalAmericans with Disabilities Act of 1990,42 U.S.C. sec. 1201 et seq., as amended; section 504 of the federalRehabilitation Act of 1973, 29 U.S.C. sec. 794, as amended; and title IX of the federalEducation Amendments of 1972, 20 U.S.C. secs. 1681 to 1688, as amended.
(4) The department shall implement and administer the program in
accordance with this article 104. Pursuant to article 4 of title 24, the state board of education may promulgate rules as necessary to implement the program.
Source: L. 2021: Entire article added, (HB 21-1234), ch. 249, p. 1355, � 1,
effective June 16.
C.R.S. § 22-11-209
22-11-209. Removal of accreditation - recommended actions - review - appeal - rules. (1) The department may recommend to the commissioner and the state board that the state board remove a school district's or the institute's accreditation if:
(a) and (b) Repealed.
(c) (I) The school district or the institute has substantially failed to comply
with the provisions of article 44 of this title, concerning budget and financial policies and procedures, or article 45 of this title, concerning accounting and financial reporting; and
(II) The school district or institute has not remedied the noncompliance
within ninety days after receipt of notice from the department; and
(III) Loss of accreditation is required to protect the interests of the students
and parents of students enrolled in the district public schools or the institute charter schools.
(2) (a) If a school district or the institute is accredited with a turnaround plan
and the department determines that the school district or institute has failed to make substantial progress under its turnaround plan, or if the school district or institute has been on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the school district's or the institute's performance and to recommend one or more of the following actions:
(I) If the recommendation applies to a school district:
(A) That the school district's accreditation be removed;
(A.5) That the school district be reorganized pursuant to article 30 of this
title 22, which reorganization may include consolidation;
(B) That a private or public entity, with the agreement of the school district,
serve as a lead partner in the management of the school district or partially or wholly manage one or more of the district public schools. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with school districts and schools under similar circumstances.
(C) That one or more of the district public schools be converted to a charter
school;
(D) That one or more of the district public schools be granted status as an
innovation school pursuant to section 22-32.5-104 or that the local school board recognize a group of district public schools as an innovation school zone pursuant to section 22-32.5-104;
(E) That one or more of the district public schools be closed;
(F) That one or more of the district public schools be converted to a
community school, as defined in section 22-32.5-103 (1.5); or
(G) That the school district take other actions, as proposed by the school
district, that are comparable to or that have a more significant effect than the actions described in subsections (2)(a)(I)(A) to (2)(a)(I)(F) of this section and that are aligned to the pathway plan and designed to support the implementation of the pathway plan. Actions include, but are not limited to, contracting with external partners, using contractors or resources provided by the department, engaging in cross-district progress monitoring, or comprehensive school redesign.
(II) If the recommendation applies to the institute:
(A) That the institute's accreditation be removed;
(A.5) That the institute board be abolished and that the governor appoint a
new institute board pursuant to section 22-30.5-505;
(B) That a public or private entity take over management of the institute or
management of one or more of the institute charter schools;
(C) That one or more of the institute charter schools be closed; or
(D) That the institute take other actions, as proposed by the institute, that
are comparable to or that have a more significant effect than the actions described in subsections (2)(a)(II)(A) to (2)(a)(II)(C) of this section and that are aligned to the pathway plan and designed to support the implementation of the pathway plan. Actions include, but are not limited to, contracting with external partners, using contractors or resources provided by the department, engaging in cross-district progress monitoring, or comprehensive school redesign.
(b) In its evaluations and recommendations, the state review panel shall
consider:
(I) Whether the school district's or institute's leadership is adequate to
implement change to improve results;
(II) Whether the school district's or institute's infrastructure is adequate to
support school improvement;
(III) The readiness and apparent capacity of public school and school district
or institute personnel to plan effectively and lead the implementation of appropriate actions to improve student academic performance within the district public schools or the institute charter schools;
(IV) The readiness and apparent capacity of public school and school district
or institute personnel to engage productively with and benefit from the assistance provided by an external partner;
(V) The likelihood of positive returns on state investments of assistance and
support to improve the school district's or institute's performance within the current management structure and staffing; and
(VI) The necessity that the school district or institute remain in operation to
serve students.
(3) After considering the recommendations of the commissioner and the
state review panel, the state board shall determine the actions the school district or the institute is required to take and direct the local school board or the institute board accordingly. If a school district's or the institute's accreditation is removed and the district or the institute is reorganized and takes any other actions directed by the state board, the state board shall reinstate the school district's or the institute's accreditation at the accreditation category deemed appropriate by the state board.
(3.5) (a) So long as a school district or the institute performs at a level that
results in being accredited with priority improvement plan or lower, after the state board initially directs the school district or institute to take action as described in subsections (2) and (3) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the school district's or the institute's performance and recommend one or more of the actions described in subsection (2)(a) of this section. In evaluating the school district's or institute's pathway plan and performance and recommending actions, the state review panel shall consider the criteria specified in subsection (2)(b) of this section. The state board shall consider the recommendations of the state review panel, the actions that the school district or institute was previously directed to take, the fidelity with which the district or institute has implemented the directed actions and the pathway plan, and whether the amount of time that the school district or institute has had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the school district or institute to continue the previously directed actions or direct the school district or institute to undertake additional or different actions as provided in subsections (2) and (3) of this section.
(a.5) Repealed.
(b) Notwithstanding any provision of subsection (3.5)(a) of this section to the
contrary, a school district or the institute remains subject to the provisions of this subsection (3.5) until the school district or institute performs at a level that results in being accredited with improvement plan or higher for two consecutive school years.
(4) (a) The state board shall promulgate rules for the implementation of this
section, including but not limited to procedures to ensure a school district's or the institute's right to appeal to the state board before the state board takes final action to remove the school district's or the institute's accreditation pursuant to this section.
(b) In promulgating rules concerning the timeline by which the state board
directs and a school district or the institute puts into effect one or more of the actions described in subsection (2)(a) of this section, the state board shall ensure that the timeline is designed to allow the school district or institute to reasonably put into effect any of the actions described in subsection (2)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action.
(5) A contract with a public or private entity that serves as an external
partner for a school district or the institute, as described in subsection (2)(a) of this section, must include provisions that describe the records of the external partner that a school district or the institute have access to. The records a school district or the institute have access to include, but are not limited to, the external partner's use of contract funds.
(6) (a) On or before November 1, 2027, the department shall conduct an
evaluation of:
(I) The essential components that must be in place for external partners to
be successful;
(II) The effect external partners have had on a school district's or the
institute's performance indicators, as described in section 22-11-204 (1)(a);
(III) The successful external management arrangements and the conditions
and processes that led to successful outcomes, which must include feedback from stakeholders, including educators and parents. The evaluation must include an analysis of educator retention and feedback.
(IV) The department's management of the external partner process.
(b) The department shall create a list of qualified state external partners and
a model contract agreement to support a school district or the institute in accessing external partners.
Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1482, � 1,
effective May 21. L. 2018: (1)(a) and (1)(b) repealed, IP(2)(a), (2)(a)(I)(A), (2)(a)(I)(B), (2)(a)(II)(A), (3), and (4) amended, and (2)(a)(I)(A.5), (2)(a)(II)(A.5), and (3.5) added, (HB 18-1355), ch. 324, p. 1940, � 3, effective May 30. L. 2022: (3.5)(a.5) added, (SB 22-137), ch. 98, p. 470, � 3, effective April 13; (2)(a)(I)(D) amended and (2)(a)(I)(F), added (SB 22-054), ch. 44, p. 219, � 1, effective August 10. L. 2025: (2)(a)(I)(E), (2)(a)(II)(B), (2)(a)(II)(C), and (3.5)(a) amended and (2)(a)(I)(G), (2)(a)(II)(D), (5), and (6) added, (HB 25-1278), ch. 235, p. 1135, � 8, effective May 23.
Editor's note: Subsection (3.5)(a.5)(II) provided for the repeal of subsection
(3.5)(a.5), effective December 31, 2023. (See L. 2022, p. 470.)
Cross references: For the legislative declaration in HB 25-1278, see section 1
of chapter 235, Session Laws of Colorado 2025.
C.R.S. § 22-11-210
22-11-210. Public schools - annual review - plans - supports and interventions - rules. (1) (a) The state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that a public school shall implement a performance, improvement, priority improvement, or turnaround plan or that a public school shall be subject to restructuring. In promulgating the rules, the state board shall place the greatest emphasis on attainment of the performance indicators.
(a.5) The department shall notify each school district and the institute of the
initial recommendation of the type of plan that each district public school or institute charter school must adopt. If a school district or the institute disagrees with one or more of the department's initial plan recommendations, the school district or institute may submit to the department a request for reconsideration. The state board shall promulgate rules specifying the information the department must take into account in determining the final plan recommendation, which may include:
(I) The length of time during which the public school has been unable to
meet the statewide targets;
(II) The improvements, changes, and interventions the public school has
implemented and is implementing to improve its performance if it is not meeting the statewide targets;
(III) The progress the public school is making in improving its performance
and in approaching achievement of the statewide targets and the degree to which the public school is not achieving the statewide targets;
(IV) The percentage of grade levels within the public school that are required
to take statewide assessments;
(V) The pupil enrollment of the public school as it may affect the reliability of
the assessment data;
(VI) For a high school, the percentages of students enrolled in the high
school who, based on attainment of course credits or demonstrated competencies, are on schedule to graduate within four, five, six, or seven years; and
(VII) Any supplemental data for grade levels for which there are not
statewide assessments that indicate the public school is meeting the statewide targets on the performance indicators, if the department determines the supplemental data is valid and reliable and derived from assessments that are aligned with the state standards adopted pursuant to section 22-7-1005.
(a.6) The department shall notify each school district and the institute of the
final plan recommendations for each district public school or institute charter school within the time frames adopted by rule of the state board.
(b) Notwithstanding any provision of paragraph (a) of this subsection (1) to
the contrary, the state board shall promulgate rules establishing objective, measurable criteria that the department shall apply in recommending to the state board that an alternative education campus implement a performance, improvement, priority improvement, or turnaround plan or that an alternative education campus shall be subject to restructuring. The state board, in adopting the criteria for evaluating the performance of an alternative education campus, and the department, in applying the criteria, shall take into account the unique purposes of the campuses and the unique circumstances of and challenges posed by the students enrolled in the campuses.
(c) In promulgating rules pursuant to this subsection (1), the state board shall
use clear, understandable language to describe the criteria for determining the type of plan that a public school shall implement and the levels of attainment of the performance indicators, with the goal of providing a high degree of transparency in the public school performance review process.
(d) (I) If a public school performs at a level that results in being required to
adopt a priority improvement or turnaround plan for two consecutive years followed by three consecutive or nonconsecutive years, resulting in a total of five years of performance at such a level, the state board shall review the public school's pathway plan and require the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section and implement the pathway plan; except that, if, before the five years have accumulated, the public school performs for at least two consecutive years at a level that results in the public school being required to adopt an improvement or performance plan, the five years stop accumulating unless the public school again performs at a level that results in being required to adopt a priority improvement or turnaround plan for two consecutive years, at which time the public school is again in the first two of the five years. For the time during which the five years of performance are accumulating, a public school is on performance watch.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (d),
for purposes of calculating whether a public school is required to implement a priority improvement or turnaround plan for longer than a combined total of five consecutive school years, the department shall exclude the 2015-16 school year, during which the department does not recommend school plans as provided in subsection (2.5) of this section, from the calculation and shall count the 2016-17 school year as if it were consecutive to the 2014-15 school year.
(III) Notwithstanding the provisions of subsection (1)(d)(I) of this section, the
department shall exclude the consideration of the school's plan type assigned for the 2020-21, 2021-22, and 2022-23 school years from the calculations required in subsections (1)(d)(I) and (5.5) of this section and shall count the school's plan type for the 2023-24 school year as if it were consecutive to the 2019-20 school year. However, a change in the type of plan a public school must adopt for the 2022-23 school year pursuant to subsection (1)(a.5) of this section may be factored into the calculation of years for purposes of subsection (1)(d)(I) of this section.
(d.5) Notwithstanding subsection (1)(d)(I) of this section to the contrary, at
the request of the school district, in consultation with the affected school accountability committee and, in the case of a district charter school, with the consent of the governing board of the district charter school, or the institute, with the consent of the governing board, and in consultation with the school accountability committee, of the affected institute charter school, the public school may voluntarily request, in the third or fourth year of performance watch, to proceed with a significant action as described in subsection (5)(a) of this section that is not otherwise required by law. The public school shall design a pathway plan to present to the state board for approval, and the state board may direct the school district, for a public school of the school district, or the institute, for an institute charter school, to take one of the actions described in subsection (5)(a) of this section even though the public school has not completed the five years of performance watch. If the state board requires the school district or institute to take one of the actions described in subsection (5)(a) of this section, the public school is subject to the provisions of subsection (5.5) of this section. When the public school voluntarily requests to proceed with a significant action in the third or fourth year of performance watch, the state board is limited to directing the significant action from the list set forth in subsection (5)(a) of this section that is proposed by the public school.
(e) The state board by rule shall establish the time frames within which the
department shall review each public school's performance, submit recommendations to the state board, and report to the public school and to the school's local school board or the institute the state board's determination regarding the type of plan the public school shall implement. The state board shall also establish by rule the time frames within which the public schools, or the public schools' local school boards or the institute board as appropriate, shall adopt the school plans and submit them to the department. The department shall publish each public school's plan on the data portal with the public school's accreditation category, identified by the local school board or the institute, and supporting data.
(f) In reviewing public schools' performance, the department, to the extent
possible, shall evaluate the cost effectiveness of intervention strategies implemented by the state, school districts, the institute, and the public schools in attempting to improve performance in public schools that are implementing school improvement, priority improvement, or turnaround plans.
(1.5) Repealed.
(2) (a) The department shall annually review each public school's
performance and, based on the rules of the state board, recommend to the state board that the public school shall implement a performance, improvement, priority improvement, or turnaround plan for the coming school year. Based on the department's recommendation, the state board shall notify the local school board for the public school, or the institute if the public school is an institute charter school, regarding the type of plan the public school shall implement. The local school board or the institute shall place the public school in the district or institute accreditation category that correlates to the public school's plan, based on the school district's or institute's school accreditation process. The department shall develop a streamlined format for plans that consolidates various state, federal, and grant reporting requirements and allows a local school board for the public school, or the institute if the public school is an institute charter school, to attach a locally-developed action portion of the plan that addresses action steps, resources, and any other plan components identified in state board rule. The department shall maintain a centralized system for plan submissions so the department can conduct a statewide analysis of public school plans in order to determine how to best distribute state resources and supports. On or before August 31, 2025, and regularly thereafter, the department must collect user feedback to assess the extent to which the streamlined format for plans is used, whether it is helpful, and how to use this feedback to improve the centralized system.
(b) (I) Notwithstanding any provision of this article to the contrary, a school
district with one thousand students or fewer may submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans. A school district with more than one thousand but fewer than one thousand two hundred students may, upon request and at the department's discretion, submit a single plan to satisfy the school district and school plan requirements, so long as the plan meets all state and federal requirements for school and district plans.
(II) A school district that is authorized to submit a single plan pursuant to
subparagraph (I) of this paragraph (b) and that is authorized pursuant to section 22-11-303 (4) to submit a school district performance plan every two years may submit a single plan to satisfy the school district and school plan requirements only if each of the public schools that is included in the single plan is authorized pursuant to section 22-11-403 (4) to submit a school performance plan every two years.
(2.5) Notwithstanding any provision of this article, or any provision of state
board rule that implements this article, to the contrary, for the 2015-16 school year, the department shall not recommend to the state board school plan types. For the 2015-16 school year, each public school shall continue to implement the school plan type that was assigned for the preceding school year. The department shall recommend to the state board school plan types for the 2016-17 school year and each school year thereafter.
(2.6) (a) Notwithstanding any provision of this article 11 or any provision of
state board rule that implements this article 11 to the contrary, for the 2020-21 and 2021-22 school years, the department shall not recommend to the state board school plan types. For the 2020-21 and 2021-22 school years, each public school shall continue to implement the school plan type that was assigned for the preceding school year.
(b) (I) Notwithstanding the provisions of subsection (2.6)(a) of this section, if
a public school is required to implement a priority improvement or turnaround plan during the 2020-21 school year on the basis of its 2019-20 plan type, the school district, for a school of the school district, or the institute, for an institute charter school, may submit a request to the department for a plan type for the 2021-22 school year that reflects its level of attainment based on an alternative body of evidence, which may include state and local assessment data.. The state board may promulgate rules for implementing this subsection (2.6)(b), including but not limited to:
(A) The time frames and process for a school district or the institute to make
a request to the department;
(B) The standards to determine whether a request will be granted, including
the minimum standards that must be addressed by the alternative body of evidence;
(C) Input from the state review panel;
(D) The content of the accreditation contracts and plans based upon the
state board's determination of whether to assign a different plan type; and
(E) The provision of additional supports and grants necessary to implement
this subsection (2.6)(b)(I).
(II) A change in a public school's plan type for the 2021-22 school year
pursuant to subsection (2.6)(b)(I) of this section does not affect the time-based calculations required in subsections (1)(d)(I) and (5.5) of this section.
(2.7) Repealed.
(3) At the request of a district public school's local school board, or at the
institute's request for an institute charter school, the department shall provide technical assistance and support to the public school, local school board, or institute in preparing and implementing the public school's improvement, priority improvement, or turnaround plan. The department shall base the amount of technical assistance and support provided to a public school, the local school board, or the institute on the school's degree of need for assistance and the department's available resources. Technical assistance and support may include, but need not be limited to:
(a) Access to data and research to support interpretation of student data,
decision-making, and learning;
(b) Consultative services on best practices for improvement and
implementation of intervention strategies, including, where appropriate, research-based strategies that address the quality and availability of early childhood education opportunities for students who reside within the neighborhood for the public school and student engagement and re-engagement; and
(c) Evaluation and feedback on the public school's plan.
(4) The commissioner may assign the state review panel to critically evaluate
a public school's priority improvement, turnaround plan, or pathway plan. The commissioner may require the state review panel to conduct one or more on-site visits as part of evaluating a public school's plan. Based on its evaluation, the state review panel shall report to the commissioner, the state board, and the local school board or the institute recommendations concerning:
(a) Whether the public school's leadership is adequate to implement change
to improve results;
(b) Whether the public school's infrastructure is adequate to support school
improvement;
(c) The readiness and apparent capacity of the public school's personnel to
plan effectively and lead the implementation of appropriate actions to improve student academic performance within the school;
(d) The readiness and apparent capacity of the public school's personnel to
engage productively with and benefit from the assistance provided by an external partner;
(e) The likelihood of positive returns on state investments of assistance and
support to improve the public school's performance within the current management structure and staffing; and
(f) The necessity that the public school remain in operation to serve
students.
(4.5) If a public school that is an online school, as defined in section 22-30.7-102, is on performance watch and changes authorizers in its original form or as a
successor school, as determined by the department pursuant to section 22-30.7-106 (9), or remains with the same authorizer but is created as a successor school, as determined by the department pursuant to section 22-30.7-106 (9), to the online school that is on performance watch, the online school or the successor school remains on performance watch under the new authorizer as if the authorizer had not changed.
(5) (a) If a public school fails to make adequate progress under its
turnaround plan or continues on performance watch for the full five years, the commissioner shall assign the state review panel to critically evaluate the public school's performance and the public school's pathway plan, which evaluation must include at least one on-site visit to the public school. Upon completing the evaluation, the state review panel shall make recommendations on the pathway plan and determine whether to recommend:
(I) With regard to a district public school that is not a charter school, that the
district public school should be partially or wholly managed by a private or public entity other than the school district. The local school board and the department shall ensure that the private or public entity uses research-based strategies and has a proven record of success working with schools under similar circumstances.
(II) With regard to a district or institute charter school, that the public or
private entity operating the charter school or the governing board of the charter school should be replaced by a different public or private entity or governing board;
(III) With regard to a district public school, that the district public school be
converted to a charter school if it is not already authorized as a charter school;
(IV) With regard to a district public school, that the district public school be
granted status as an innovation school pursuant to section 22-32.5-104;
(V) That the public school be closed or, with regard to a district charter
school or an institute charter school, that the public school's charter be revoked;
(VI) With regard to a district public school, that the district public school be
converted to a community school, as defined in section 22-32.5-103 (1.5);
(VII) Other actions that are comparable to or that have a more significant
effect than the actions described in subsections (5)(a)(I) to (5)(a)(V) of this section that the public school proposes and that are aligned with the pathway plan and designed to support the implementation of the pathway plan. Actions may include, but are not limited to, comprehensive school redesign, contracting with external partners, or using contractors or resources provided by the department.
(b) The state review panel shall present its recommendations to the
commissioner and to the state board. Taking the recommendations into account, the state board shall determine which of the actions described in subsection (5)(a) of this section the local school board for a district public school or the institute for an institute charter school shall take regarding the public school and direct the local school board or institute accordingly. The department shall monitor progress of the implementation of the actions and provide periodic updates to the state board.
(c) Notwithstanding any provision of this section to the contrary, for the
2015-16 school year and based on ratings given during the 2015-16 school year, the state board may direct the local school board for a district public school or the institute for an institute charter school to take an action concerning the public school that is not listed in paragraph (a) of this subsection (5) but that has comparable significance and effect.
(d) The priority improvement or turnaround plan that a public school adopts
for the fourth year in which the public school is on performance watch must include a general explanation for how the school district, for a district public school, or the institute, for an institute charter school, may put into effect each of the actions described in subsection (5)(a) of this section as they pertain to a district public school, district charter school, or institute charter school.
(e) In promulgating rules concerning the timeline by which the state board
directs and a school district, for a district public school, or the institute, for an institute charter school, puts into effect one or more of the actions described in subsection (5)(a) of this section, the state board shall ensure that the timeline is designed to allow the school district or institute to reasonably put into effect any of the actions described in subsection (5)(a) of this section by the beginning of the school year immediately following the school year in which the state board directs the action.
(5.5) (a) So long as a public school performs at a level that results in being
required to implement a priority improvement or turnaround plan, after the state board initially directs the local school board or institute board to take action as provided in subsection (5)(b) of this section, the commissioner may in any year, but shall every two years, assign the state review panel to critically evaluate the public school's pathway plan and performance and recommend one or more of the actions described in subsection (5)(a) of this section. In evaluating the public school's performance and recommending actions, the state review panel shall consider the criteria specified in subsection (4) of this section. The state board shall consider the recommendations of the state review panel, the actions that the local school board or institute board was previously directed to take with regard to the public school, the fidelity with which the school district or institute and the public school have implemented the directed actions and the pathway plan, and whether the amount of time that the school district or institute and the public school have had to implement the actions is reasonably sufficient to achieve results. The state board shall either require the local school board or institute board to continue the previously directed actions or direct the local school board or institute board to undertake additional or different actions as provided in subsection (5)(b) of this section.
(a.5) Repealed.
(b) Notwithstanding any provision of subsection (5.5)(a) of this section to the
contrary, a public school remains subject to the provisions of this subsection (5.5) until the public school performs at a level that results in being required to implement an improvement or performance plan for two consecutive school years.
(6) If a public school is restructured, the department, to the extent possible,
shall track the students enrolled in the public school in the school year preceding the restructuring to determine whether the students reenroll in the public school the following school year or transfer to another public school of the school district, an institute charter school, or a public school of another school district in the state. The department shall provide the student tracking information, without personally identifying the students, to the local school board or the institute upon request.
(7) A contract with a public or private entity that serves as an external
partner for a public school, as described in subsection (5)(a) of this section, must include provisions that describe the records of the external partner that a public school has access to. The records a public school has access to include, but are not limited to, the external partner's use of contract funds.
(8) The department shall develop an evaluation to determine whether a
public school is experiencing early indicators of distress when it is placed on a priority improvement or turnaround plan. The department shall evaluate a public school that is progressing to year one of the two consecutive years of the priority improvement or turnaround plan.
(9) The department shall offer ongoing support and feedback to a public
school during year two of the two consecutive years of a priority improvement or turnaround plan. A public school, in consultation with the school district or the institute and the department, shall develop and manage a comprehensive school improvement plan that addresses resources, training, high-quality curriculum and materials, potential external partnerships, and potential partnerships with neighboring public schools and school districts.
(10) (a) If a public school has a low student participation rate in the state
assessment that results in a category of insufficient data for low student participation, the public school shall create a corrective action plan and submit it to the local school board or the institute. The local school board or the institute shall submit the corrective action plan to the department. When creating the corrective action plan, the school district or the institute shall consider:
(I) Educating the parents and guardians on the importance of student
participation in state assessments;
(II) Explaining to parents and guardians the effects of low participation rates
in state assessments;
(III) Communicating to public school staff to encourage parents or students
to opt in to state assessments; and
(IV) Communicating with organizations that advocate for state assessment
opt-outs to ensure the organizations have information on the importance of state assessments.
(b) If a public school receives a category of insufficient data for low student
participation in the state assessment for three consecutive years, the public school shall present its corrective action plan as described in subsection (10)(a) of this section to the state board.
Source: L. 2009: Entire article R&RE, (SB 09-163), ch. 293, p. 1485, � 1,
effective May 21. L. 2011: (2) amended, (HB 11-1277), ch. 306, p. 1476, � 7, effective August 10. L. 2014: (2)(b) amended, (HB 14-1204), ch. 292, p. 1195, � 3, effective May 31; (2.5) and (5)(c) added, (HB 14-1182), ch. 98, p. 355, � 2, effective August 6. L. 2015: (1)(d) and (2.5) amended and (2.7) added, (HB 15-1323), ch. 204, pp. 716, 718, �� 9, 12, effective May 20; (1.5) added, (HB 15-1350), ch. 316, p. 1293, � 2, effective June 5. L. 2016: (2)(b)(II) amended, (HB 16-1440), ch. 316, p. 1276, � 1, effective August 10. L. 2017: (3)(b) amended, (SB 17-103), ch. 372, p. 1930, � 2, effective June 6. L. 2018: (1)(a), (1)(d)(I), IP(4), IP(5)(a), and (5)(a)(I) amended, (1)(a.5), (1)(a.6), (1)(d.5), (5)(d), (5)(e), and (5.5) added, and (2.7) repealed, (HB 18-1355), ch. 324, p. 1942, � 4, effective May 30. L. 2019: (4.5) added, (SB 19-129), ch. 89, p. 332, � 4, effective April 10. L. 2020: (2.6) added, (HB 20-1418), ch. 197, p. 958, � 47, effective June 30. L. 2021: (1)(d)(III) added and (2.6) amended, (HB 21-1161), ch. 10, p. 60, � 7, effective March 16. L. 2022: (1)(d)(III) amended and (5.5)(a.5) added, (SB 22-137), ch. 98, p. 470, � 4, effective April 13; (5)(a)(IV) and (5)(a)(V) amended and (5)(a)(VI) added, (SB 22-054), ch. 44, p. 220, � 2, effective August 10. L. 2025: (1)(d)(I), (1)(d.5), IP(4), IP(5)(a), (5)(a)(V), (5)(b), and (5.5)(a) amended and (5)(a)(VII), (7), (8), (9), and (10) added, (HB 25-1278), ch. 235, p. 1136, � 9, effective May 23; (2)(a) amended, (HB 25-1210), ch. 156, p. 631. � 3, effective August 6.
Editor's note: (1) Subsection (1.5)(d) provided for the repeal of subsection
(1.5), effective July 1, 2017. (See L. 2015, p. 1293.)
(2) Subsection (5.5)(a.5)(II) provided for the repeal of subsection (5.5)(a.5),
effective December 31, 2023. (See L. 2022, p. 470.)
Cross references: For the legislative declaration in HB 15-1350, see section 1
of chapter 316, Session Laws of Colorado 2015. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in HB 25-1210, see section 1 of chapter 156, Session Laws of Colorado 2025. For the legislative declaration in HB 25-1278, see section 1 of chapter 235, Session Laws of Colorado 2025.
C.R.S. § 22-13-103
22-13-103. School transformation grant program - created - rules - repeal. (1) There is created in the department the school transformation grant program to provide funding to:
(a) Assist in the design of turnaround leadership development programs and
to provide funding to support training and development of school turnaround leaders for the public schools in the state;
(b) Support school districts, the institute, and charter schools in pursuing
bold solutions by providing educator professional development and transforming instruction in public schools that are required to adopt priority improvement or turnaround plans for the immediate or preceding school year, including, but not limited to, management restructuring, creating a pipeline for leadership and educator development, asset restructuring, collaborative problem-solving, designing budgetary expectations for school turnaround plans and implementing a funding sustainability plan, distributing resources to the schools most in need, and ensuring the school district plan details the allocation of resources to address school district needs;
(c) Assist school districts, the institute, and charter schools that are
implementing priority improvement or turnaround plans in planning for and implementing one or more of the following rigorous school redesign strategies:
(I) Converting a district public school to a charter school if it is not already
authorized as a charter school;
(II) Granting innovation school status to a district public school pursuant to
section 22-32.5-104;
(III) With regard to a district or institute charter school, replacing the
school's operator or governing board;
(IV) Contracting with a public or private entity other than the school district
to partially or wholly manage a district public school, which entity is accepted by the department and the local school board as using research-based strategies and having a proven record of success working with schools under similar circumstances; or
(V) Closing a public school or revoking the charter for a district or institute
charter school;
(d) Support school districts, the institute, and charter schools that are
implementing priority improvement or turnaround plans to use local assessment data to identify performance indicator gaps and provide supports and interventions; and
(e) Assist school districts, the institute, and charter schools that have been
required to adopt a priority improvement or turnaround plan for one, two, or three consecutive years to engage in community-led improvement strategies.
(2) The state board, in accordance with the State Administrative Procedure
Act, article 4 of title 24, shall adopt rules to implement and administer the program. At a minimum, the rules must include:
(a) Criteria for identifying approved providers from among those that
respond to the request for proposals pursuant to section 22-13-104. At a minimum, the criteria must:
(I) Consider each provider's experience in developing successful, effective
leadership in low-performing schools and school districts;
(II) Consider the leadership qualities that each provider's turnaround
leadership development program is expected to develop; and
(III) Ensure the availability of turnaround leadership development programs
for school turnaround leaders in public schools throughout the state.
(b) and (c) Repealed.
(d) Timelines for the school transformation grant application and approval
process;
(e) The requirements for a school transformation grant application, including
but not limited to the goals that the applicant expects to achieve through the grant; and
(f) Criteria for selecting school transformation grant recipients. At a
minimum, the criteria must take into account for applying school districts the concentration of schools of the school district, or for the institute the concentration of institute charter schools, that must implement priority improvement or turnaround plans. For applying charter schools, the criteria must prioritize schools that are implementing priority improvement or turnaround plans.
(3) (a) Notwithstanding any provision of this section to the contrary, during
the 2022-23 budget year, the state board may award school transformation grants pursuant to section 22-13-105, which may continue for up to three budget years, to school districts that are accredited with improvement plan, the institute if it is accredited with improvement plan, and charter schools that are required to adopt an improvement plan.
(b) The state board shall promulgate rules as necessary to implement this
subsection (3).
(c) This subsection (3) is repealed, effective July 1, 2026.
Source: L. 2014: Entire article R&RE, (SB 14-124), ch. 342, p. 1521, � 1,
effective June 5. L. 2018: (1), IP(2), (2)(d), (2)(e), and (2)(f) amended and (2)(b) and (2)(c) repealed, (HB 18-1355), ch. 324, p. 1955, � 21, effective May 30. L. 2022: (3) added, (SB 22-137), ch. 98, p. 471, � 5, effective April 13. L. 2025: (1)(b), (1)(c)(V), and IP(2) amended and (1)(d) and (1)(e) added, (HB 25-1278), ch. 235, p. 1146, � 19, effective May 23.
Cross references: For the legislative declaration in HB 25-1278, see section 1
of chapter 235, Session Laws of Colorado 2025.
C.R.S. § 22-13-105
22-13-105. School transformation grants - application - awards - report. (1) The state board, subject to available appropriations, shall award school transformation grants to one or more school districts or charter schools or to the institute to use in:
(a) Identifying and recruiting practicing and aspiring school turnaround
leaders;
(b) Subsidizing the costs incurred for school turnaround leaders and their
leadership staff, if appropriate, to participate in turnaround leadership development programs offered by identified providers;
(c) Reimbursing school turnaround leaders for the costs they incur in
completing turnaround leadership development programs offered by identified providers;
(d) Providing educator professional development for educators working in
public schools that are implementing priority improvement or turnaround plans;
(e) Providing services, support, and materials to transform instruction in
public schools that are implementing priority improvement or turnaround plans; and
(f) Planning for and implementing one or more of the following rigorous
school redesign strategies:
(I) Converting a district public school to a charter school if it is not already
authorized as a charter school;
(II) Granting innovation school status to a district public school pursuant to
section 22-32.5-104;
(III) With regard to a district or institute charter school, replacing the
school's operator or governing board;
(IV) Contracting with a public or private entity other than the school district
to partially or wholly manage a district public school, which entity is accepted by the department and the local school board as using research-based strategies and having a proven record of success working with schools under similar circumstances; or
(V) Closing a public school or revoking the charter for a district or institute
charter school.
(2) A school district, the institute, or a charter school that seeks a school
transformation grant must apply to the department as provided by rule of the state board. The department shall review all of the applications received and, based on the criteria adopted by rule, recommend to the state board the applicants that may receive school transformation grants and the grant amounts. Subject to available appropriations, the state board, taking into account the department's recommendations, shall award school transformation grants from money appropriated by the general assembly to the department for the program.
(3) Each school transformation grant may continue for up to three budget
years. The department shall annually review each grant recipient's use of the grant money and may rescind the grant if the department finds that the grant recipient is not making adequate progress toward achieving the goals identified in the grant application.
(4) During the term of the grant, each grant recipient shall annually report to
the department the information requested by the department to monitor the effectiveness of the school transformation grants, which must include consideration of the impact that the use of each grant makes on raising student achievement and establishing a positive school culture. Notwithstanding section 24-1-136 (11)(a)(I), the department shall analyze and summarize the reports received from grant recipients and annually submit to the state board, the governor, and the education committees of the senate and the house of representatives, or any successor committees, a report of the effectiveness of the school transformation grants awarded pursuant to this section. The department shall also post the annual report on its website.
(5) Repealed.
(6) (a) Of the money annually appropriated for school transformation grants,
the department may expend an amount that is necessary to offset the direct and indirect costs incurred in administering the grant program.
(b) Of the money annually appropriated for school transformation grants, the
department may expend an amount that is necessary to enter into one or more contracts with a public or private entity to provide the uses described in subsection (1) of this section to multiple school districts or charter schools that are eligible for a school transformation grant. The entity shall use research-based strategies and have a proven record of success working with schools under similar circumstances.
Source: L. 2014: Entire article R&RE, (SB 14-124), ch. 342, p. 1523, � 1,
effective June 5. L. 2015: (2) amended and (5) added, (SB 15-108), ch. 12, p. 28, � 4, effective March 13. L. 2017: (4) amended, (HB 17-1267), ch. 242, p. 995, � 8, effective August 9. L. 2018: Entire section amended, (HB 18-1355), ch. 324, p. 1957, � 23, effective May 30. L. 2023: (5) repealed, (SB 23-218), ch. 73, p. 272, � 1, effective April 17. L. 2025: (6) added, (SB 25-218), ch. 116, p. 477, � 1, effective April 25.
C.R.S. § 22-13-203
22-13-203. School leadership program - created - participation - rules. (1) There is created in the department of education the school leadership program to provide embedded, experiential professional development to improve the quality of school principals and empower them to exercise distributive and collaborative leadership that supports collaboration among the professional educators in the school building. The purpose of the program is to increase educator retention, improve school climate and culture, and improve student academic outcomes by improving the quality of leadership in public schools. The program must include identification of high-quality school principals and the opportunity for other school principals from school districts throughout the state to observe and interact with the identified high-quality school principals and to receive professional development in leadership skills to learn the critical practices of the high-quality school principals in successful public schools.
(2) The department shall design the program during the 2019-20 budget
year and begin implementation of the program no later than July 2020. The department may contract with an entity with demonstrated, successful experience in providing training to school principals in distributive and collaborative leadership in Colorado or in other states to assist in designing and implementing the program. In selecting an entity, the department shall first consider entities that provide successful school leadership programs in Colorado that are similar to the program described in this section. The department shall ensure that the program design includes:
(a) The method for identifying high-quality school principals and selecting a
cohort of school principals from public elementary, middle, and high schools across the state who apply to participate in the professional development provided by the program;
(b) The learning objectives and goals of the program, which must at a
minimum include improving and enhancing positive school climate and culture and implementing distributive and collaborative leadership among the professional educators within a school;
(c) The methods for achieving the learning objectives and goals, which must
include direct observation of and interaction with identified high-quality school principals and experiential professional development in implementing distributive and collaborative leadership, developing collaboration among the professionals within the entire school building, and other leadership skills; and
(d) The method for evaluating the success of the program in meeting the
learning objectives and goals and in meeting the purpose described in subsection (1) of this section, including increasing educator retention, improving the school climate and culture, and improving student academic outcomes. The department may take into account information received through the teaching and learning conditions survey administered pursuant to section 22-2-503 in evaluating the success of the program; except that the department shall take the information into account in a year in which the response rate on the survey is at least sixty percent.
(3) A school principal who seeks to receive training through the program
must submit an application to the department in accordance with the time frames and procedures adopted by rule of the state board. The state board by rule shall specify the required contents of the application, which at a minimum must include evidence that the school principal's employer and building staff support the school principal's participation in the program.
(4) The department, or the entity with which the department contracts, if
any, shall select the school principals to receive professional development through the program for the 2020-21 and 2021-22 budget years, based on applications received pursuant to subsection (3) of this section. In selecting school principals to receive professional development through the program, the department and the entity, at a minimum, shall consider the level of performance, as determined pursuant to section 22-11-210, achieved by the public school at which the applying school principal is employed and any evidence that indicates the likelihood that a program of distributive and collaborative leadership would be successful in improving educator retention, school climate and culture, and student academic outcomes at the public school at which the applying school principal is employed. In selecting participants for the program, the department or the entity, to the extent practicable, shall select school principals employed in public elementary, middle, and high schools located in rural, suburban, and urban school districts throughout the state who are representative of the racial and gender demographics across the state. The department or the entity may select two or more school principals from a single school district.
(5) Repealed.
(6) The general assembly shall annually appropriate up to two hundred fifty
thousand dollars to the department for the implementation of this part 2, including money to pay the costs of designing and implementing the program, which may include the cost of contracting with an entity as authorized in subsection (2) of this section.
Source: L. 2019: Entire part added, (HB 19-1002), ch. 405, p. 3581, � 1,
effective May 31. L. 2022: (1) and (6) amended and (5) repealed, (HB 22-1248), ch. 213, p. 1407, � 2, effective May 24.
C.R.S. § 22-16-104
22-16-104. State board of education - duties - rules. (1) The state board shall:
(a) Create, publish, and make publicly available a data inventory and
dictionary or index of data elements with definitions of individual student data fields used in the student data system including:
(I) Individual student personally identifiable information that school districts
and public schools are required to report by state and federal education mandates; and
(II) Individual student personally identifiable information that is proposed for
inclusion in the student data system with a statement regarding the purpose or reason for the proposed collection and the use of the collected data;
(b) Develop, publish, and make publicly available policies and procedures to
comply with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, and other relevant privacy laws and policies, including but not limited to policies that restrict access to student personally identifiable information in the student data system to:
(I) The authorized staff of the department that require access to perform
assigned or contractual duties, including staff and contractors from the office of information and technology that are assigned to the department;
(II) The department's contractors that require access to perform assigned or
contractual duties that comply with the requirements specified in paragraph (g) of this subsection (1);
(III) School district administrators, teachers, and school personnel who
require access to perform assigned duties;
(IV) Students and their parents; and
(V) The authorized staff of other state agencies, including public institutions
of higher education, as required by law or defined by interagency data-sharing agreements;
(c) Develop user-friendly information for the public related to the
department's data-sharing agreements that is posted on the department's website as provided in section 22-16-105 (4);
(d) Develop a detailed data security plan that includes:
(I) Guidance for authorizing access to the student data system and to
individual student personally identifiable information, including guidance for authenticating authorized access;
(II) Privacy compliance standards;
(III) Privacy and security audits;
(IV) Security breach planning, notice, and procedures;
(V) Student personally identifiable information retention and destruction
policies, which must include specific requirements for identifying when and how the student personally identifiable information will be destroyed;
(VI) Guidance for school districts and staff regarding student personally
identifiable information use;
(VII) Consequences for security breaches; and
(VIII) Staff training regarding the policies;
(e) Ensure routine and ongoing compliance by the department with the
federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g, other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this article, including the performance of compliance audits;
(f) Ensure that agreements involving the disclosure of student personally
identifiable information for research conducted on behalf of the department to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction must:
(I) Specify the purpose, scope, and duration of the study or studies and the
information to be disclosed;
(II) Require the entity, and any subcontractors or employees of the entity, to
use student personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement;
(III) Require the entity, and any subcontractors or employees of the entity, to
conduct the study in a manner that does not permit access to the student personally identifiable information of parents and students by anyone other than representatives of the entity with legitimate interests;
(IV) Require the entity, and any subcontractors or employees of the entity, to
destroy all student personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and to specify the time period in which the information must be destroyed; and
(V) Require the entity, and any subcontractors or employees of the entity, to
comply with the requirements specified in sections 22-16-109 (1), (2), and (3)(b) and 22-16-110 (1) and (3) that are imposed on school service contract providers;
(g) Develop requirements that any department contracts that affect
databases, assessments, or instructional supports that include student personally identifiable information and are outsourced to vendors include express provisions that safeguard privacy and security, including specifying that student personally identifiable information may be used only for the purpose specified in the contract and must be destroyed when no longer needed for the purpose specified in the contract; specifying the time period in which the information must be destroyed; prohibiting further disclosure of the student personally identifiable information or its use for commercial purposes that are outside the scope of the contract; and specifying penalties for noncompliance, which must include termination of the contract as required in section 22-16-105 (5); and
(h) Promulgate rules as necessary to implement the provisions of this article.
Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1460, � 1,
effective August 10.
Editor's note: This section is similar to former � 22-2-309 (3) as it existed
prior to 2016.
C.R.S. § 22-16-105
22-16-105. Department of education - duties. (1) The department shall assign to each student who is enrolled in a public school a unique student identifier that must neither be nor include the social security number of a student in whole or in sequential part.
(2) (a) The department shall develop a process to consider and review all
outside requests for student personally identifiable information, other than aggregate student information already publicly available, by individuals not employed by the state who seek to conduct research using school system data or student personally identifiable information already collected by the department. The department shall implement the process subject to approval by the state board.
(b) (I) Before allowing an individual to receive student personally identifiable
information for research purposes, the department must enter into an agreement with the individual that includes the entity that sponsors the individual or with which the individual is affiliated. At a minimum, the agreement must include the items specified in section 22-16-104 (1)(f) and require the individual to comply with the requirements specified in sections 22-16-109 (1), (2), and (3)(b) and 22-16-110 (1) and (3) that are imposed on school service contract providers.
(II) The provisions of this paragraph (b) do not apply to an individual who is
seeking only aggregate student information. For each request for aggregate student information, the department shall determine whether the size of the group, cohort, or institution is too small to preserve the anonymity of the individuals included in the data, in which case the student data does not qualify as aggregate data.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph (b),
an individual who conducts research through an institution of higher education may demonstrate to the department compliance with the institution review board practices and requirements, as regulated by federal law, in lieu of the terms specified in section 22-16-104 (1)(f).
(c) The department may enter into a data-sharing agreement with a public
institution of higher education to allow the sharing of student personally identifiable information for the purpose of satisfying requirements imposed on the public institution of higher education by the institution's accrediting body. At a minimum, the data-sharing agreement must include the items specified in section 22-16-104 (1)(f) and require the public institution of higher education to comply with the requirements specified in sections 22-16-109 (1), (2), and (3)(b) and 22-16-110 (1) and (3) that are imposed on school service contract providers. For purposes of these requirements, the accrediting body is considered a subcontractor of the public institution of higher education.
(3) (a) The department shall not require a local education provider to provide
student personally identifiable information that is not required by state or federal law; except that it may require student personally identifiable information not mandated by state or federal law that is associated with a grant proposal, or the department may ask a local education provider to voluntarily submit data or information as a condition of receiving a benefit, such as grant funding or special designations.
(b) Unless required by state or federal law, the department shall not collect:
(I) Juvenile delinquency records;
(II) Criminal records;
(III) Medical and health records;
(IV) Student social security numbers;
(V) Student biometric information; and
(VI) Information concerning the political affiliations or the beliefs or
attitudes of students and their families.
(c) Unless otherwise approved by the state board, the department shall not
transfer student personally identifiable information to a federal, state, or local agency or other entity, which agency or entity is outside of the state, except under the following circumstances:
(I) If a student transfers to an education entity in state or out of state or if a
school or school district seeks help in locating a student who transfers out of state;
(II) If a student seeks to enroll in or to attend an out-of-state institution of
higher education or training program;
(III) If a student participates in a program or assessment for which a data
transfer is a condition of participation;
(IV) If a student is classified as migrant for federal reporting purposes;
(V) If the department enters into a contract with an out-of-state vendor or
researcher that affects databases, assessments, special education, or instructional support related to an audit or evaluation of federal- or state-supported education programs; for the enforcement of or compliance with federal legal requirements that relate to those programs; or for conducting studies for or on behalf of the department to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction; or
(VI) If the disclosure is to comply with a judicial order or lawfully issued
subpoena or in connection with a health or safety emergency.
(d) The department shall not sell, trade, gift, or monetize student personally
identifiable information for commercial use or investment interests.
(4) The department shall publish and maintain on its website a list of all of
the entities or individuals, including but not limited to vendors, individual researchers, research organizations, institutions of higher education, and government agencies, that the department contracts with or has agreements with and that hold student personally identifiable information and a copy of each contract or agreement. The list must include:
(a) The name of the entity or individual. In naming an individual, the list must
include the entity that sponsors the individual or with which the individual is affiliated, if any. If the individual is conducting research at an institution of higher education, the list may include the name of the institution of higher education and a contact person in the department that is associated with the research in lieu of the name of the researcher.
(b) The purpose and scope of the contract or agreement;
(c) The duration of the contract or agreement;
(d) The types of student personally identifiable information that the entity or
individual holds under the contract or agreement;
(e) The use of the student personally identifiable information under the
contract; and
(f) The length of time for which the entity or individual may hold the student
personally identifiable information.
(5) (a) The department shall ensure that the terms of each contract that the
department enters into or renews with a school service contract provider on and after August 10, 2016, at a minimum, require the contract provider to comply with the requirements in sections 22-16-108 to 22-16-110. If the contract provider commits a material breach of the contract that involves the misuse or unauthorized release of student personally identifiable information, the department shall determine whether to terminate the contract in accordance with a policy adopted by the state board. At a minimum, the policy must require the state board, within a reasonable time after the department identifies the existence of a material breach, to hold a public hearing that includes discussion of the nature of the material breach, an opportunity for the contract provider to respond concerning the material breach, public testimony, and a decision as to whether to direct the department to terminate or continue the contract.
(b) The department shall ensure that the terms of each contract or other
agreement that the department enters into or renews on and after August 10, 2016, which contract or agreement includes access to or use of student personally identifiable information by an individual or entity other than a contract provider, at a minimum, require the individual or entity to comply with the requirements in sections 22-16-109 (1), (2), and (3)(b) and 22-16-110 (1) and (3). If the individual or entity commits a material breach of the contract or agreement that involves the misuse or unauthorized release of student personally identifiable information, the department shall determine whether to terminate the contract or agreement in accordance with the state board policy described in paragraph (a) of this subsection (5).
(c) Notwithstanding any provision of law to the contrary, on and after August
10, 2016, the department shall not enter into or renew:
(I) A contract with a school service contract provider that refuses to accept
the terms specified in paragraph (a) of this subsection (5) or that has substantially failed to comply with one or more of the requirements in sections 22-16-108 to 22-16-110; or
(II) A contract or other agreement, which includes access to or use of
student personally identifiable information, with an individual or entity other than a contract provider, that refuses to accept the terms specified in paragraph (b) of this subsection (5) or that has substantially failed to comply with one or more of the requirements in section 22-16-109 (1), (2), or (3)(b) or 22-16-110 (1) or (3).
Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1463, � 1,
effective August 10.
Editor's note: This section is similar to former � 22-2-309 (4), (5), and (6) as it
existed prior to 2016.
C.R.S. § 22-16-106
22-16-106. Department - support for local education providers. (1) The department shall develop data security guidance that may be used by local education providers. The department's data security guidance must include:
(a) Guidance for authorizing access to the student data system and to
student personally identifiable information, including guidance for authenticating authorized access;
(b) Privacy compliance standards;
(c) Best practices for privacy and security audits;
(d) Security breach planning, notice, and procedures;
(e) Data retention and destruction procedures;
(f) Data collection and sharing procedures;
(g) Recommendations that any contracts that affect databases,
assessments, or instructional supports that include student personally identifiable information and are outsourced to vendors include express provisions that safeguard privacy and security and include penalties for noncompliance;
(h) Best security practices for privacy when using online education services,
including websites and applications;
(i) Guidance for contracts involving the outsourcing of educational services;
(j) Guidance for contracts involving online education services;
(k) Guidance for publishing a list of vendors that local education providers
contract with that hold student personally identifiable information;
(l) Consequences for security breaches; and
(m) Examples of staff training regarding the procedures.
(2) Based on the data security guidance adopted pursuant to subsection (1)
of this section, on or before March 1, 2017, the department shall create and make available to local education providers a sample student information privacy and protection policy. The department shall annually review the sample policy and revise it as necessary to ensure that it remains current and adequate to protect the privacy of student personally identifiable information in light of advances in data technology and dissemination. At a minimum, the sample policy must include protocols for:
(a) Creating and maintaining a student data index;
(b) Retaining and destroying student personally identifiable information;
(c) Using student personally identifiable information for purposes internal to
a local education provider;
(d) Preventing breaches in the security of student personally identifiable
information and for responding to any security breaches that occur;
(e) Contracting with school service contract providers and using school
services provided by school service on-demand providers;
(f) Disclosing student personally identifiable information to school service
contract providers, school service on-demand providers, or other third parties;
(g) Notifying parents regarding collection of, retention of, and access to
student personally identifiable information; and
(h) Providing training in student information security and privacy to
employees of a local education provider.
(3) The department shall prepare and make available to local education
providers sample contract language for use in contracting with school service contract providers. The department shall update the sample contract language as necessary to ensure that it remains current and adequate to protect the privacy of student personally identifiable information in light of advances in data technology and dissemination.
(4) The department shall identify and make available to local education
providers resources that the local education providers may use in training employees with regard to student information security and privacy. At the request of a local education provider, the department shall provide training related to student information security and privacy.
(5) If the department receives notice that a local education provider has
ceased using a school service on-demand provider for reasons described in section 22-16-107 (3), the department shall post the notice on the department's website. The department shall also post any written response from an on-demand provider that the local education provider may submit. The department shall post the notices and written responses for twenty-four months following the date received.
Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1466, � 1,
effective August 10.
Editor's note: This section is similar to � 22-2-309 (7) as it existed prior to
2016.
C.R.S. § 22-16-108
22-16-108. School service contract provider - data transparency. (1) Each school service contract provider shall provide clear information that is understandable by a layperson explaining the data elements of student personally identifiable information that the school service contract provider collects, the learning purpose for which the school service contract provider collects the student personally identifiable information, and how the school service contract provider uses and shares the student personally identifiable information. The information must include all student personally identifiable information that the school service contract provider collects regardless of whether it is initially collected or ultimately held individually or in the aggregate. The school service contract provider shall provide the information to each public education entity that the school service contract provider contracts with in a format that is easily accessible through a website, and the public education entity shall post the information on its website. The school service contract provider shall update the information as necessary to maintain accuracy.
(2) Each school service contract provider shall provide clear notice to each
public education entity that it contracts with before making material changes to its privacy policy for school services.
(3) Each school service contract provider shall facilitate access to and
correction of any factually inaccurate student personally identifiable information by a contracting local education provider in response to a request for correction that the local education provider receives and responds to in accordance with section 22-16-112 (1)(c).
(4) Upon discovering the misuse or unauthorized release of student
personally identifiable information held by the contract provider, a subcontractor of the contract provider, or a subsequent subcontractor, the contract provider shall notify the contracting public education entity as soon as possible, regardless of whether the misuse or unauthorized release is a result of a material breach of the terms of the contract.
Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1470, � 1,
effective August 10.
C.R.S. § 22-16-109
22-16-109. School service contract provider - use of data. (1) (a) A school service contract provider may collect, use, and share student personally identifiable information only for the purposes authorized in the contract between the school service contract provider and a public education entity or with the consent of the student who is the subject of the information or the student's parent.
(b) A school service contract provider must obtain the consent of the student
or the student's parent before using student personally identifiable information in a manner that is materially inconsistent with the school service contract provider's privacy policy or materially inconsistent with the contract between the school service contract provider and the public education entity that applies to the collection of the student personally identifiable information.
(2) A school service contract provider shall not:
(a) Sell student personally identifiable information; except that this
prohibition does not apply to the purchase, merger, or other type of acquisition of a school service contract provider, or any assets of a school service contract provider, by another entity, so long as the successor entity continues to be subject to the provisions of this article with respect to student personally identifiable information that the school service contract provider acquired while subject to the provisions of this article;
(b) Use or share student personally identifiable information for purposes of
targeted advertising to students; or
(c) Use student personally identifiable information to create a personal
profile of a student other than for supporting purposes authorized by the contracting public education entity or with the consent of the student or the student's parent.
(3) Notwithstanding any provision of paragraph (b) of subsection (1) or of
subsection (2) of this section to the contrary:
(a) (I) A school service contract provider may use or disclose student
personally identifiable information to:
(A) Ensure legal or regulatory compliance or to take precautions against
liability;
(B) Respond to or participate in the judicial process;
(C) Protect the safety of users or others on the school service contract
provider's website, online service, online application, or mobile application; or
(D) Investigate a matter related to public safety.
(II) If a school service contract provider uses or discloses student personally
identifiable information as allowed in subparagraph (I) of this paragraph (a), the contract provider shall notify the contracting public education entity as soon as possible after the use or disclosure of the information.
(b) A school service contract provider may use, or disclose student
personally identifiable information to, a subcontractor only if the school service contract provider contractually requires the subcontractor to comply with section 22-16-108, this section, and sections 22-16-110 and 22-16-111. The provisions of this paragraph (b) apply to the ability of an initial or subsequent subcontractor to further subcontract. If a public education entity determines that an initial or subsequent subcontractor has committed a material breach of the contract that involves the misuse or unauthorized release of student personally identifiable information, the public education entity shall comply with the requirements of section 22-16-105 (5)(a) or 22-16-107 (2)(a), as applicable; except that the public education entity is not required to consider terminating the contract if the school service contract provider terminates the contract with the subcontractor as soon as possible after the contract provider knows or has reason to know of the initial or subsequent subcontractor's material breach.
(4) For purposes of this section and section 22-16-110, a student may consent
to the use, sharing, or retention of the student's student personally identifiable information only if the student is at least eighteen years of age or legally emancipated.
Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1471, � 1,
effective August 10.
C.R.S. § 22-16-110
22-16-110. School service contract provider - data security - data destruction. (1) Each school service contract provider shall maintain a comprehensive information security program that is reasonably designed to protect the security, privacy, confidentiality, and integrity of student personally identifiable information. The information security program must make use of appropriate administrative, technological, and physical safeguards.
(2) During the term of a contract between a school service contract provider
and a public education entity, if the contracting public education entity requests destruction of a student's student personally identifiable information collected, generated, or inferred as a result of the contract, the contracting school service contract provider shall destroy the information as soon as practicable after the date of the request unless:
(a) The school service contract provider obtains the consent of the student
or the student's parent to retain the student's student personally identifiable information; or
(b) The student has transferred to another public education entity and the
receiving public education entity has requested that the school service contract provider retain the student's student personally identifiable information.
(3) Following the termination or conclusion of a contract between a school
service contract provider and a public education entity, the school service contract provider shall, within the time period specified in the contract, destroy all student personally identifiable information collected, generated, or inferred as a result of the contract. If the contract does not specify a period for destruction of student personally identifiable information, the contract provider shall destroy the information when the information is no longer needed for the purpose of the contract between the contract provider and the public education entity. The contract provider shall notify the public education entity of the date upon which all of the student personally identifiable information is destroyed.
Source: L. 2016: Entire article added, (HB 16-1423), ch. 355, p. 1473, � 1,
effective August 10.
C.R.S. § 22-2-125
22-2-125. Loan program for capital improvements in growth school districts - use of public school fund. (1) For purposes of this section:
(a) Capital improvement means:
(I) The acquisition or purchase of buildings or grounds;
(II) The enlargement, improvement, remodeling, repairing, or making of
additions to any school building;
(III) The construction or erection of school buildings;
(IV) The equipping or furnishing of any school building, but only in
conjunction with a construction project for a new building or for an addition to an existing building or in conjunction with a project for substantial remodeling, improvement, or repair of an existing building; or
(V) The improvement of school grounds.
(b) Growth district means any district whose supplemental pupil
enrollment exceeded the district's pupil enrollment for the most recently completed budget year by a number greater than one percent of the district's pupil enrollment for that budget year or fifty pupils, whichever is less.
(2) As authorized under the provisions of section 3 of article IX of the state
constitution, the state treasurer may make loans to growth districts for the purpose of funding capital improvements. The procedures for the making of loans shall be determined by the state treasurer subject to the following:
(a) No loan shall be authorized for any capital improvement that has not been
approved by the state board in accordance with subsection (3) of this section.
(b) No loan shall be authorized in an amount other than the amount
determined by the state board unless the state board approves the change in the loan amount; except that the state board shall not authorize an amount of a loan for any growth district that exceeds ten percent of the amount of the public school fund that the state treasurer has determined may be loaned out in accordance with subsection (5) of this section.
(c) No loan shall be authorized unless the debt is approved by the voters of
the growth district.
(d) No loan shall be authorized unless the method for repayment of the loan
is specified in the application. If the loan is to be repaid from a property tax mill levy, such levy must be approved at the same election that authorized the creation of the debt.
(e) The loan shall be made as soon as possible upon approval of the loan by
the state board.
(3) (a) On and after January 1, 2003, a growth district may apply to the state
board for a loan of public school fund moneys to be used by the growth district to pay for one or more capital improvements. The amount of the loan requested shall be an amount equal to the full cost of the capital improvement or a lesser amount that in combination with other financial resources of the growth district shall allow the capital improvement to be completed. The loan application shall be in a form prescribed by the state board and shall include:
(I) A description of the capital improvement for which a loan is sought and a
statement of the reasons why the capital improvement is necessary;
(II) A timeline for completion of the capital improvement;
(III) A building permit for the capital improvement, if applicable;
(IV) A statement of the amount of the loan requested together with an
estimate of the cost of the capital improvement prepared by a qualified builder or contractor. If the amount of the loan requested differs from the amount of the estimate of the cost of the capital improvement, the growth district shall also provide an explanation for the difference.
(V) A plan for repaying the loan, including a proposed repayment schedule;
(VI) A statement of the amount of moneys from other sources, if any, that the
growth district intends to use to help defray the costs of the capital improvement; and
(VII) Any additional information that the state board may reasonably require,
by rules promulgated in accordance with article 4 of title 24, C.R.S., to help it determine whether or not to approve the loan application.
(b) To ensure that a growth district applying for a loan can move forward
with any capital improvements quickly or develop alternative financing strategies without undue delay, the state board shall approve or disapprove a loan application no later than forty-five days after the application is submitted. To ensure that loan applications can be processed efficiently, the state board may delegate the authority to approve loan applications to a designated employee of the department. The state board or its designee shall consider all of the information in an application before approving or disapproving the application and a growth district whose loan application is denied shall have no right to further review by the state board or its designee.
(4) The state board shall establish a repayment schedule that shall require
the growth district to make monthly payments on the loan and fully repay all moneys borrowed within ten years after the date a loan is made available pursuant to subsection (2) of this section.
(5) The state treasurer shall determine the amount of the public school fund
that may be loaned out pursuant to this section and the rate of interest to be charged on loans. The state treasurer shall charge interest on loans made at a rate designed to match the rate of interest derived from the deposit and investment of moneys in the public school fund. Payments of the principal of and interest on all loans shall be returned to the fund.
(6) The general assembly shall appropriate money from the general fund to
restore moneys to the public school fund, together with interest, that are lost by reason of the failure of any school district to repay a loan made pursuant to this section.
Source: L. 2002: Entire section added, p. 1742, � 15, effective June 7.
Editor's note: This section was originally numbered as 22-2-122 in House Bill
02-1349 but has been renumbered on revision for ease of location.
C.R.S. § 22-2-411
22-2-411. Shared operational services grant program - creation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Agency means an independent agency that oversees approved facility
schools.
(b) Eligible applicant means an approved facility school that applies to the
grant program on behalf of itself and one or more other approved facility schools, an organization, or an agency.
(c) Grant program means the shared operational services grant program
created in subsection (2) of this section.
(d) Organization means a public or private organization that provides or
coordinates operational services for grantees.
(e) Shared operational services means services that support approved
facility schools, including but not limited to food services, janitorial services, shared office space, billing, technical assistance on medicaid services, technology, security, transportation, or purchasing. Shared operational services may include purchasing and sharing items such as office supplies and technology.
(2) (a) (I) There is created in the department the shared operational services
grant program to award an eligible applicant grant money for the span of two budget years to contract with an organization that provides or coordinates shared operational services for grantees.
(II) In the first year of the grant program, an eligible applicant who is
awarded a grant shall determine the shared operational services needed by approved facility schools and contract with an organization to provide or coordinate services. In the second year of the grant program, the grantee shall work with the organization to provide the shared operational services for the approved facility schools.
(b) The department shall implement a timeline for the grant program, which
must include the following:
(I) The date the department announces the grant program and begins
accepting applications from eligible applicants;
(II) The date the eligible applicants must submit applications by; and
(III) The date the department begins distributing grant money to the eligible
applicants that are awarded a grant.
(c) An eligible applicant that chooses to apply for a grant must submit an
application to the department. The application must include, at a minimum, the following information:
(I) The types of shared operational services needed by approved facility
schools;
(II) The name of the organization the eligible applicant plans on contracting
with for shared operational services;
(III) Projected budget and cost savings by implementing shared operational
services between approved facility schools; and
(IV) The sustainability of the shared operational services after the grant
program concludes.
(3) The department shall review the applications submitted pursuant to
subsection (2)(c) of this section and make recommendations to the state board. The state board shall take into consideration the recommendations of the department in selecting eligible applicants that receive grants and determining the amount of each grant.
(4) In selecting grantees, the state board shall give priority to eligible
applicants who:
(a) Create a detailed plan to meet the various needs of approved facility
schools that require shared operational services; and
(b) Anticipate the sustainability of shared operational services after the
grant program concludes based on the information submitted pursuant to subsection (2)(c)(IV) of this section.
(5) The state board may promulgate rules as necessary for the
implementation of this section.
(6) To ensure accountability, the department shall conduct an audit of an
eligible applicant who receives grant money.
(7) (a) On or before September 1, 2024, each eligible applicant that is
awarded grant money shall submit an interim report to the department. On or before September 1, 2025, each eligible applicant that is awarded grant money shall submit a final report to the department. The interim and final reports must include the following information:
(I) The types of shared operational services that were provided or
coordinated by the organization;
(II) A performance review of the organization that provided or coordinated
shared operational services between approved facility schools;
(III) An analysis of cost savings based on the implementation of the shared
operational services; and
(IV) The projected sustainability of the shared operational services after the
grant program concludes.
(b) As part of the October 1, 2024, and October 1, 2025, reports required
pursuant to section 22-2-407.5 (4)(e), the department shall submit information that, at a minimum, summarizes the information received by the department pursuant to subsection (7)(a) of this section.
(8) This section is repealed, effective September 1, 2026.
Source: L. 2023: Entire section added, (SB 23-219), ch. 88, p. 325, � 10,
effective April 20.
C.R.S. § 22-30-202
22-30-202. Joint taxation board. (1) (a) Any plan of organization that establishes a joint taxation district shall provide for the creation of a joint taxation district board and shall specify the membership of the board and the method of election or appointment and terms of office for members of the board. A joint taxation district board shall consist of not fewer than five members, with each participating school district board of education entitled to at least one member on the joint taxation district board.
(b) The joint taxation district board created pursuant to paragraph (a) of this
subsection (1) shall have the powers granted to it in the plan of organization as necessary to implement the provisions of this part 2. These powers may include, but are not limited to:
(I) Calling for and certifying elections with regard to bonded indebtedness;
(II) Calling for and certifying elections to raise and expend local property tax
revenues in excess of the participating school districts' total program, pursuant to section 22-54-108 or 22-54-108.5;
(III) Any other powers that a school district may have with regard to issuing,
paying, or refunding bonded indebtedness of the joint taxation district.
(2) For purposes of calling for and certifying elections with regard to bonded
indebtedness, revenue, or spending limits that are under the authority of the joint taxation district board pursuant to the plan of organization, the joint taxation district board shall assume the powers and duties granted by law to a school district or a school district board of education.
Source: L. 96: Entire part added, p. 62, � 17, effective July 1. L. 2007: (1)(b)(II)
amended, p. 38, � 4, effective March 7.
ARTICLE 30.5
Charter Schools
Law reviews: For comment, The Colorado Charter Schools Act and the
Potential for Unconstitutional Applications under Article IX, Section 15 of the State Constitution, see 67 U. Colo. L. Rev. 171 (1996).
PART 1
CHARTER SCHOOLS ACT
22-30.5-101. Short title. This part 1 shall be known and may be cited as the
Charter Schools Act.
Source: L. 93: Entire article added, p. 1051, � 1, effective June 3. L. 96: Entire
section amended, p. 667, � 3, effective May 2.
22-30.5-102. Legislative declaration. (1) The general assembly hereby finds
and declares that:
(a) It is the obligation of all Coloradans to provide all children with schools
that reflect high expectations and create conditions in all schools where these expectations can be met;
(b) Education reform is in the best interests of the state in order to
strengthen the performance of elementary and secondary public school pupils, that the best education decisions are made by those who know the students best and who are responsible for implementing the decisions, and, therefore, that educators and parents have a right and a responsibility to participate in the education institutions which serve them;
(c) Different pupils learn differently and public school programs should be
designed to fit the needs of individual pupils and that there are educators, citizens, and parents in Colorado who are willing and able to offer innovative programs, educational techniques, and environments but who lack a channel through which they can direct their innovative efforts.
(2) The general assembly further finds and declares that this part 1 is
enacted for the following purposes:
(a) To improve pupil learning by creating schools with high, rigorous
standards for pupil performance;
(b) To increase learning opportunities for all pupils, with special emphasis on
expanded learning experiences for pupils who are identified as academically low-achieving;
(c) To encourage diverse approaches to learning and education and the use
of different, innovative, research-based, or proven teaching methods;
(d) To promote the development of longitudinal analysis of student progress,
in addition to participation in the Colorado student assessment program, to measure pupil learning and achievement;
(e) To create new employment options and professional opportunities for
teachers and principals, including the opportunity to be responsible for the achievement results of students at the school site;
(f) To provide parents and pupils with expanded choices in the types of
education opportunities that are available within the public school system;
(g) To encourage parental and community involvement with public schools;
(g.5) To address the formation of research-based charter schools that use
programs that are proven to be effective;
(h) To hold charter schools accountable for performance through the
Education Accountability Act of 2009, including but not limited to meeting state, school district, and school targets for the measures used to determine the levels of attainment of the performance indicators;
(i) To provide an avenue for citizens to participate in the educational process
and environment;
(j) To provide citizens with multiple avenues by which they can obtain
authorization for a charter school.
(3) In authorizing charter schools, it is the intent of the general assembly to
create a legitimate avenue for parents, teachers, and community members to implement new and innovative methods of educating children that are proven to be effective and to take responsible risks and create new and innovative, research-based ways of educating all children within the public education system. The general assembly seeks to create an atmosphere in Colorado's public education system where research and development in developing different learning opportunities is actively pursued. As such, the provisions of this part 1 should be interpreted liberally to support the findings and goals of this section and to advance a renewed commitment by the state of Colorado to the mission, goals, and diversity of public education.
Source: L. 93: Entire article added, p. 1051, � 1, effective June 3. L. 94: (2)(g.5)
added, p. 1378, � 1, effective May 25. L. 96: IP(2) and (3) amended, p. 668, � 4, effective May 2; (2)(c) amended, p. 752, � 1, effective May 22. L. 2004: (2)(c), (2)(d), (2)(e), (2)(g.5), (2)(h), and (3) amended and (2)(i) and (2)(j) added, p. 1569, � 1, effective June 3. L. 2009: (2)(h) amended, (SB 09-163), ch. 293, p. 1534, � 25, effective May 21.
Cross references: For the Education Accountability Act of 2009, see article
11 of this title.
22-30.5-103. Definitions. As used in this part 1, unless the context
otherwise requires:
(1) Alternative administrative unit means the state charter school institute
acting in accordance with section 22-30.5-105.3 as the administrative unit, pursuant to section 22-20-106 (1)(b), for a charter school authorized by a school district, a charter school network authorized and acting as an administrative unit pursuant to section 22-20-106 (1)(b), or a charter school collaborative authorized and acting as an administrative unit pursuant to section 22-20-106 (1)(b).
(1.3) At-risk pupil means a pupil who, because of physical, emotional,
socioeconomic, or cultural factors, is less likely to succeed in a conventional educational environment.
(1.5) Automatic waiver means the waiver of a state statute or state board
rule:
(a) That is included on the list of automatic waivers adopted by rule of the
state board;
(b) That is available to each charter school, including an institute charter
school, and is valid for the initial, or subsequent renewal, term of the charter contract; and
(c) For which a charter school, including an institute charter school, is not
required to submit a statement that specifies the manner in which the charter school intends to comply with the intent of the automatically waived state statute or state board rule.
(2) Charter school means a public school that enters into a charter
contract pursuant to the provisions of this part 1.
(3) Department means the department of education created pursuant to
section 24-1-115, C.R.S.
(3.5) Education management provider means a nonprofit, not-for-profit, or
for-profit entity that contracts with a charter school to provide, manage, or oversee all or substantially all of the educational services provided by the charter school. Education management provider does not include a charter school collaborative established pursuant to part 6 of article 30.5 of this title.
(4) Local board of education means the school district board of education.
(5) Moratorium means a school district's official policy of refusing to
authorize charter schools and an ongoing pattern or practice of refusing to accept or review charter school applications.
(6) Online pupil means:
(a) For the 2007-08 budget year, a child who receives educational services
predominantly through an online program or online school created pursuant to article 30.7 of this title.
(b) For the 2008-09 budget year, and for each budget year thereafter, a child
who receives educational services predominantly through a multi-district online school, as defined in section 22-30.7-102 (9.5), created pursuant to article 30.7 of this title.
(6.5) Private school means a primary or secondary educational institution
for students in kindergarten through twelfth grade or any portion thereof that may or may not have attained nonprofit status, that does not receive state funding through the Public School Finance Act of 2025, article 54 of this title 22, and that is supported in whole or in part by tuition payments or private donations.
(6.6) Pupil enrollment count day has the same meaning as set forth in
section 22-54-103 (10.5).
(6.7) School food authority means:
(a) A school district or the state charter school institute;
(a.3) A charter school collaborative formed pursuant to section 22-30.5-603;
(a.5) A board of cooperative services created pursuant to article 5 of this
title that elects to operate as a school food authority pursuant to section 22-5-120; or
(b) A district charter school or an institute charter school that:
(I) The commissioner of education or his or her designee provisionally
authorizes as a school food authority pursuant to section 22-32-120 (6); or
(II) The department of education authorizes as a school food authority
pursuant to section 22-32-120 (5).
(7) State board means the state board of education.
Source: L. 93: Entire article added, p. 1052, � 1, effective June 3. L. 96: IP(1)
amended, p. 668, � 5, effective May 2. L. 2002: (1)(b.5) added, p. 1749, � 21, effective June 7. L. 2004: Entire section amended, p. 1570, � 2, effective June 3. L. 2006: (6.5) added, p. 669, � 9, effective April 28. L. 2007: (6) amended, p. 1085, � 6, effective July 1. L. 2009: (6.7) added, (SB 09-230), ch. 227, p. 1033, � 2, effective May 4. L. 2010: (6.7)(a) amended and (6.7)(a.5) added, (HB 10-1335), ch. 326, p. 1512, � 3, effective August 11; (6.7)(b)(I) amended, (HB 10-1422), ch. 419, p. 2076, � 40, effective August 11. L. 2011: (6.7)(a.3) added, (HB 11-1277), ch. 306, p. 1504, � 31, effective August 10. L. 2012: (6.6) added, (HB 12-1090), ch. 44, p. 150, � 6, effective March 22; (3.5) added, (SB 12-061), ch. 109, p. 375, � 2, effective April 13; (3.5) and (6) amended, (HB 12-1240), ch. 258, pp. 1333, 1316, �� 53, 25, effective June 4; (3.5) added, (SB 12-067), ch. 131, p. 450, � 1, effective August 8. L. 2014: (1.5) added, (HB 14-1292), ch. 243, p. 902, � 3, effective May 21. L. 2022: (1) amended and (1.3) added, (HB 22-1294), ch. 242, p. 1790, � 6, effective August 10. L. 2024: (6.5) amended, (HB 24-1448), ch. 236, p. 1528, � 33, effective May 23.
Cross references: For the short title (Student Success Act) in HB 14-1292,
see section 1 of chapter 243, Session Laws of Colorado 2014.
22-30.5-104. Charter school - requirements - authority - rules - definitions.
(1) A charter school shall be a public, nonsectarian, nonreligious, non-home-based school which operates within a public school district.
(2) (a) A charter school applicant cannot apply to, or enter into a charter
contract with, a school district unless a majority of the charter school's pupils, other than online pupils, will reside in the chartering school district or in school districts contiguous thereto.
(b) A charter school shall be a public school of the school district that
approves its charter application and enters into a charter contract with the charter school. In accordance with the requirement of section 15 of article IX of the state constitution, the charter school shall be subject to accreditation by the school district's local board of education pursuant to the school district's policy for accrediting the public schools of the school district adopted pursuant to section 22-11-307 and section 22-32-109 (1)(mm). The charter school shall also be subject to annual review by the department pursuant to section 22-11-210.
(3) (a) A charter school is subject to all federal and state laws and
constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, ancestry, or need for special education services. A charter school is subject to any court-ordered desegregation plan in effect for the chartering school district. Enrollment in a charter school must be open to any child who resides within the school district; except that a charter school is not required to make alterations in the structure of the facility used by the charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application.
(a.5) A charter school may give preference to enrolling children with
disabilities, as defined in section 22-20-103. Upon approval of the local board of education, the charter school may develop and implement an enrollment preference plan to increase the enrollment of children with disabilities. In exercising the enrollment preference plan for children with disabilities, a charter school shall ensure compliance with the obligation to provide a free appropriate public education in the least restrictive environment pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. sec. 1400 et seq., as amended. A charter school may allow a parent to voluntarily provide information regarding whether the parent's child has a disability.
(b) As used in this subsection (3):
(I) Protective hairstyle includes such hairstyles as braids, locs, twists, tight
coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(II) Race includes hair texture, hair type, hair length, or a protective
hairstyle that is commonly or historically associated with race.
(4) (a) A charter school shall be administered and governed by a governing
body in a manner agreed to by the charter school applicant and the chartering local board of education. Effective July 1, 2013, each charter school that was initially chartered on or after August 6, 1997, shall organize as a nonprofit corporation pursuant to the Colorado Nonprofit Corporation Act, articles 121 to 137 of title 7, C.R.S., which shall not affect its status as a public school for any purposes under Colorado law. Notwithstanding organization as a nonprofit corporation, a charter school shall annually complete a governmental audit that complies with the requirements of the department of education.
(b) An entity that holds a charter authorized pursuant to this part 1 may
choose to contract with an education management provider, which education management provider may be a for-profit, a nonprofit, or a not-for-profit entity, so long as the charter school maintains a governing board that is independent of the education management provider.
(4.5) (a) In order to clarify the status of charter schools for purposes of tax-exempt financing, a charter school, as a public school, is a governmental entity.
Direct leases and financial obligations of a charter school shall not constitute debt or financial obligations of the school district unless the school district specifically assumes such obligations.
(b) (Deleted by amendment, L. 2004, p. 1571, � 3, effective June 3, 2004.)
(5) Except as otherwise provided in sections 22-20-109, 22-32-115, and 22-54-109, a charter school shall not charge tuition.
(6) (a) Pursuant to contract, a charter school may operate free from specified
school district policies and free from state rules pursuant to subsection (6)(b) of this section. Pursuant to contract, a local board of education may waive locally imposed school district requirements, without seeking approval of the state board; except that a charter school shall not, by contract or otherwise, operate free of the requirements contained in the Public School Finance Act of 2025, article 54 of this title 22, the requirements specified in part 4 of article 11 of this title 22 concerning school accountability committees, or the requirements contained in the Children's Internet Protection Act, article 87 of this title 22.
(b) The state board shall promulgate rules that list the automatic waivers for
all charter schools. In promulgating the list of automatic waivers, the state board shall consider the overall impact and complexity of the requirements specified in the statute and the potential consequences that waiving the statute may have on the practices of a charter school. In accordance with its rule-making authority, the state board may review the list of automatic waivers at its discretion. Notwithstanding any provision of this subsection (6)(b) to the contrary, the state board shall not include the following statutes on the list of automatic waivers:
(I) Section 22-9-106, concerning the performance evaluation system for
licensed personnel;
(I.5) Section 22-32-109 (1)(b), concerning procedures for competitive bidding
in the purchase of goods and services, except professional services;
(II) Section 22-32-109 (1)(n), concerning the annual school calendar and
teacher-pupil contact hours;
(II.5) Section 22-32-110 (1)(y), concerning the power to accept and expend
gifts, donations, or grants; and
(III) Part 2 of article 63 of this title 22, concerning the employment of
licensed personnel.
(c) A school district, on behalf of a charter school, may apply to the state
board for a waiver of a state statute or state rule that is not an automatic waiver. Notwithstanding this subsection (6), the state board shall not waive a statute or rule relating to:
(I) School accountability committees as described in section 22-11-401;
(II) The assessments required to be administered pursuant to section 22-7-1006.3;
(III) School performance reports pursuant to part 5 of article 11 of this title;
(IV) The Public School Finance Act of 2025, article 54 of this title 22;
(V) The Children's Internet Protection Act, article 87 of this title 22;
(VI) The requirement to post on the internet the statutes for which waivers
are granted as provided in section 22-44-305;
(VII) Any provisions of section 22-1-130 relating to notification to parents of
alleged criminal conduct by charter school employees;
(VIII) Section 22-33-106.1 concerning suspension and expulsion of students
in preschool through second grade;
(IX) Subsection (3) of this section and sections 22-32-110 (1)(k) and 22-63-206 (1) relating to discrimination based on hair texture, hair type, hair length, or a
protective hairstyle that is commonly or historically associated with race;
(X) Any provision of section 22-1-145 relating to the use of a student's
chosen name, as defined in section 22-1-145 (1), in a public school;
(XI) The wearing of cultural or religious objects at school graduation
ceremonies pursuant to section 22-1-142.5; or
(XII) A provision of article 74.1 of title 24 concerning the policies to comply
with information and access.
(d) Upon request of a charter applicant, the state board and the local board
of education of the school district to which the charter applicant applies shall provide summaries of the state and district rules and policies to use in preparing a charter school application. The department shall prepare the summary of state rules within existing appropriations. A waiver of state rules or local school district regulations made pursuant to this subsection (6) must be for the term of the charter for which the waiver is made; except that a waiver of state statutes or state board rules by the state board is subject to periodic review as provided by state board rule and may be revoked if the waiver is deemed no longer necessary by the state board. A school district that applies to the state board for a waiver on behalf of a charter school is only required to provide a complete copy of the signed charter contract.
(7) (a) A charter school shall be responsible for its own operation including,
but not limited to, preparation of a budget, contracting for services, facilities, and personnel matters.
(b) A charter school may negotiate and contract with a school district, the
governing body of a state college or university, the state of Colorado, a school food authority, a charter school collaborative, a board of cooperative services, another district charter school, an institute charter school, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the charter school is required or chooses to perform in order to carry out the educational program described in its charter contract. Any services for which a charter school contracts with a school district shall be provided by the district at cost. The charter school shall have standing to sue and be sued in its own name for the enforcement of any contract created pursuant to this paragraph (b).
(c) In no event shall a charter school be required to pay rent for space which
is deemed available, as negotiated by contract, in school district facilities. All other costs for the operation and maintenance of the facilities used by the charter school shall be subject to negotiation between the charter school and the school district.
(d) A charter school or an institute charter school authorized pursuant to
part 5 of this article that is operating in a school district building may purchase the building and the grounds upon which the building is located from the school district, at the school district's discretion, according to terms established by mutual agreement of the parties. If a charter school that has purchased a school building and grounds pursuant to this paragraph (d) vacates the school building and grounds or elects to sell the school building and grounds, the school district that sold the school building and grounds to the charter school pursuant to this paragraph (d) shall have first right of refusal to reacquire and purchase the property at fair market value or in accordance with other terms of repurchase established by mutual agreement of the parties.
(e) Notwithstanding the provisions of paragraphs (b) and (c) of this
subsection (7) or the provisions of subsection (7.5) of this section, a school district that has space in district facilities that is unoccupied may sell the facilities or use the facilities for a different purpose and is not required to maintain ownership of the facilities for potential use by a charter school.
(7.5) (a) No later than November 1, 2016, and no later than November 1 each
year thereafter, each school district that authorizes a charter school and that has or is expecting to have one or more vacant or underused buildings or vacant or underused land available during the next school year shall prepare a list of the vacant or underused buildings and land and provide the list, upon request, to charter schools authorized by the school district, charter school applicants, and other interested persons. The school district shall also post on its website a notice that the list of underused and vacant buildings and land is available to interested persons upon request. The school district must provide the list within two school days after receiving a request. No later than forty-five days after the school district posts the availability of the list or after receiving the list, whichever is later, a charter school of the school district or charter applicant may apply to the school district to use the building or the school district land as the location for the charter school. The local board of education shall review each application for use and, in a public meeting held no later than ninety days after the school district posts the availability of the list, approve or disapprove each application for use of the building or school district land. If the local board of education disapproves an application for use, it must explain at the public meeting and provide in writing to the applicant the reasons for disapproval.
(b) For purposes of this subsection (7.5), a building is considered underused
if it has unused capacity to accommodate two hundred fifty students or more.
(8) A charter school shall be authorized to offer any educational program,
including but not limited to an online program or online school created pursuant to article 30.7 of this title, that may be offered by a school district and that is research-based and has been proven to be effective, unless expressly prohibited by state law.
(9) All decisions regarding the planning, siting, and inspection of charter
school facilities shall be made in accordance with section 22-32-124 and as specified by contract with the charter school's chartering school district.
(10) A charter school may apply for authorization as a school food authority
pursuant to section 22-32-120.
(11) (a) If a charter school chooses to apply, alone or with a consortium of
charter schools, for a grant through a nonformulaic, competitive grant program created by a federal or state statute or program, the charter school or consortium of charter schools is the local education agency only for the purposes of applying and determining eligibility for the grant and may request, pursuant to section 22-30.5-503 (3.5), that the state charter school institute act as a fiscal manager for the charter school or consortium of charter schools for purposes of grant management. The charter school or consortium of charter schools shall pay the fee, if any, imposed by the state charter school institute board as provided in section 22-30.5-503 (3.5).
(b) A charter school that applies for a grant pursuant to this subsection (11)
shall provide to its authorizing district:
(I) A copy of the grant application at the time the application is submitted to
the grant maker;
(II) Notice that the charter school did or did not receive the grant moneys;
and
(III) If the charter school receives the grant moneys, a summary of the grant
requirements, a summary of how the charter school is using the grant moneys, and periodic reports on the charter school's progress in meeting the goals of the grant as stated in its application.
(c) If a charter school intends to apply for a grant that the school's
authorizing school district is also intending to apply for, the charter school shall seek to collaborate with the school district in the application and to submit the application jointly. If the charter school and the school district are unable to agree to collaborate in applying for the grant, the charter school may apply for the grant pursuant to this subsection (11) independently or in collaboration with other charter schools.
(12) Pursuant to the provisions of section 22-32-110 (1)(jj), a charter school
shall not withhold records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student for failure to pay a fine or fee or to return or replace school property.
(13) Each charter school shall annually distribute to each employee
informational materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from its chartering school board pursuant to section 22-32-109 (1)(pp). In addition to annual distribution, a charter school shall distribute the informational materials to newly hired employees as part of its employee orientation process. The charter school may distribute the informational materials to its employees through an email to employees or as part of a mailing or regular communication to employees.
Source: L. 93: Entire article added, p. 1053, � 1, effective June 3. L. 94: (5)
amended, p. 812, � 24, effective April 27; (3), (5), and (6) amended, p. 1378, � 2, effective May 25. L. 96: (6) amended, p. 752, � 2, effective May 22. L. 97: (2) amended, p. 585, � 14, effective April 30; (4) amended, p. 400, � 1, effective August 6. L. 99: (7)(b) amended, p. 1256, � 5, effective June 2; (4.5) and (8) added, p. 1209, � 1, effective August 4. L. 2000: (6) amended, p. 349, � 4, effective April 10; (4) amended, p. 1855, � 55, effective August 2; (9) added, p. 519, � 1, effective August 2. L. 2001: (6) amended, p.1498, � 22, effective June 8. L. 2002: (2) and (8) amended, p. 1749, � 22, effective June 7. L. 2003: (6) amended, p. 2477, � 33, effective August 15. L. 2004: Entire section amended, p. 1571, � 3, effective June 3. L. 2007: (7)(e) added, p. 740, � 15, effective May 9; (7)(d) added, p. 1592, � 1, effective May 31; (8) amended, p. 1088, � 12, effective July 1. L. 2008: (3) amended, p. 1600, � 21, effective May 29. L. 2009: (7)(b) amended and (10) added, (SB 09-230), ch. 227, p. 1033, � 3, effective May 4; (2)(b) and (6)(b) amended, (SB 09-163), ch. 293, p. 1534, � 26, effective May 21; (6)(a) and (6)(b) amended, (SB 09-090), ch. 291, p. 1445, � 22, effective August 5. L. 2010: (7)(b) amended and (11) added, (SB 10-161), ch. 250, pp. 1115, 1117, �� 1, 6, effective August 11. L. 2011: (11) amended, (HB 11-1089), ch. 55, p. 147, � 2, effective March 25; (7)(b) amended, (HB 11-1277), ch. 306, p. 1504, � 32, effective August 10. L. 2012: (11)(a) amended, (SB 12-121), ch. 177, p. 637, � 4, effective May 11; (8) amended, (HB 12-1240), ch. 258, p. 1316, � 26, effective June 4; (4) amended, (SB 12-067), ch. 131, p. 450, � 2, effective August 8. L. 2013: (11)(a) amended, (HB 13-1219), ch. 104, p. 362, � 8, effective August 7. L. 2014: (6) amended, (HB 14-1292), ch. 243, p. 902, � 4, effective May 21. L. 2015: (6)(c)(II) amended, (HB 15-1323), ch. 204, p. 723, � 28, effective May 20. L. 2016: (6)(b)(II) and (7)(e) amended and (7.5) added, (HB 16-1422), ch. 351, pp. 1436, 1434, �� 16, 12, effective June 10. L. 2017: (6)(b), (6)(c)(IV), and (6)(c)(V) amended and (6)(c)(VI) added, (HB 17-1375), ch. 287, p. 1596, � 7, effective June 2; (12) added, (HB 17-1301), ch. 201, p. 746, � 2, effective August 9. L. 2018: (6)(c)(V) and (6)(c)(VI) amended and (6)(c)(VII) added, (HB 18-1269), ch. 268, p. 1653, � 3, effective August 15. L. 2019: (13) added, (SB 19-057), ch. 35, p. 114, � 6, effective August 2; (6)(c)(VI) and (6)(c)(VII) amended and (6)(c)(VIII) added, (HB 19-1194), ch. 160, p. 1887, � 4, effective July 1, 2020. L. 2020: (3), (6)(c)(VII), and (6)(c)(VIII) amended and (6)(c)(IX) added, (HB 20-1048), ch. 8, p. 16, � 4, effective September 14. L. 2021: (3)(a) amended, (HB 21-1108), ch. 156, p. 892, � 22, effective September 7. L. 2022: (3)(a.5) added, (HB 22-1294), ch. 242, p. 1787, � 1, effective August 10. L. 2024: (6)(c)(VIII) and (6)(c)(IX) amended and (6)(c)(X) added, (HB 24-1039), ch. 127, p. 426, � 4, effective April 29; (6)(a) and (6)(c)(IV) amended, (HB 24-1448), ch. 236, p. 1528, � 34, effective May 23; (3)(b)(II) and (6)(c)(IX) amended, (HB 24-1451), ch. 354, p. 2411, � 2. effective June 3; (6)(c)(VIII) and (6)(c)(IX) amended and (6)(c)(XI) added, (HB 24-1323), ch. 419, p. 2861, � 3. effective June 5. L. 2025: IP(6)(c), (6)(c)(X), and (6)(c)(XI) amended and (6)(c)(XII) added, (SB 25-276), ch. 240, p. 1223, � 25, effective May 23.
Editor's note: (1) Amendments to subsection (5) by HB 94-1001 and SB 94-215 were harmonized.
(2) Amendments to subsection (6)(b) by SB 09-090 and SB 09-163 were
harmonized.
(3) Amendments to subsection (6)(c)(IX) by HB 24-1039, HB 24-1323, and HB
24-1451 were harmonized.
Cross references: (1) For the legislative declaration contained in the 1999
act amending subsection (7)(b), see section 1 of chapter 302, Session Laws of Colorado 1999. For the legislative declaration contained in the 2008 act amending subsection (3), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 19-1194, see section 1 of chapter 160, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021. For the legislative declaration in SB 25-276, see section 1 of chapter 240, Session Laws of Colorado 2025.
(2) For the short title (Student Success Act) in HB 14-1292, see section 1 of
chapter 243, Session Laws of Colorado 2014.
(3) For the short title (Creating a Respectful and Open World for Natural
Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.
22-30.5-104.5. Charter school and charter authorizer standards review
committee - creation - duties - repeal. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1412), ch. 248, p. 1106, � 1,
effective May 21.
Editor's note: Subsection (4) provided for the repeal of this section, effective
August 30, 2011. (See L. 2010, p. 1106.)
22-30.5-104.7. Charter school networks - authority - definitions. (1) As
used in this section, unless the context otherwise requires, charter school network means a charter school pursuant to this part 1, an institute charter school pursuant to part 5 of this article, or a charter school authorized by the Colorado school for the deaf and the blind, any of which subsequently organizes an additional school or schools pursuant to the same statutory authority. A charter school network is responsible for governance, oversight, and monitoring of compliance and performance for each school, as required by the charter contract or contracts and by applicable state or federal laws.
(2) Notwithstanding any provision of this article to the contrary, a charter
school network:
(a) May hold one or more charter contracts through one or more authorizers
for purposes of operating more than one school;
(b) May be governed by a single governing body;
(c) May use one or more charter contracts if the charter school network
operates more than one school through the same authorizer; except that, if more than one school holding a distinct school code assigned by the department operates under the same contract, the authorizer is:
(I) Obligated to separately accredit each school; and
(II) Legally empowered to not renew, revoke, or otherwise take action with
respect to each school without being obligated to take action toward another school operated by the charter school network;
(d) Is authorized to make necessary and appropriate expenditures from any
lawful source for central office purposes and to allocate funds among the schools that it operates, as permitted by law and consistent with the terms of the charter contract. A charter school network:
(I) Shall not spend additional local revenues authorized pursuant to sections
22-54-107.5, 22-54-108, and 22-54-108.5 or proceeds from bonded indebtedness incurred pursuant to article 42 of this title that are allocated for a school authorized by one authorizer to support a school authorized by a different authorizer;
(II) Shall account for all additional local revenues authorized pursuant to
sections 22-54-107.5, 22-54-108, and 22-54-108.5 or proceeds from bonded indebtedness incurred pursuant to article 42 of this title and their expenditure and shall report the expenditures separately, as needed, to demonstrate that the funds have been expended appropriately;
(III) Commencing July 1, 2015, comply with section 22-44-304 (1)(d) in
reporting expenditures at the local education provider and school-site level.
(3) Nothing in this section affects the process for granting or denying a
request for a separate or new school code to any one school within a charter school network.
(4) Nothing in this section allows a charter school network to open a school
without authorizer consent as part of the application process pursuant to section 22-30.5-107, 22-30.5-510, or 22-80-102 (4)(b).
(5) The authorizer of a school that is part of a charter school network shall
collect, analyze, and report data from state assessments in accordance with statute, state board rules, and school district or state charter school institute performance frameworks for each school operated by the charter school network. The charter school network shall report the performance of each school as a separate school, and each school must be held independently accountable for its performance.
(6) Each charter school network shall comply with the audit requirements
imposed on charter schools as follows:
(a) The charter school network shall be audited as an organization, treating
the charter school network as a single legal entity; except that the authorizing school district for a charter school that is included in the network may request and the network shall provide an audit of the school district's charter school;
(b) The charter school network shall report as supplementary information in
its audited financial statements a balance sheet and statement of revenues, expenditures, and changes in fund balances using the modified accrual basis of accounting for each charter school campus that has a separate school code within the charter school network; and
(c) The audit must address compliance with paragraph (d) of subsection (2)
of this section.
Source: L. 2015: Entire section added, (HB 15-1184), ch. 80, p. 230, � 1,
effective August 5. L. 2016: (6) added, (HB 16-1422), ch. 351, p. 1433, � 10, effective June 10.
22-30.5-104.9. Charter schools - status as public entities - requirements -
charter school boards of directors and school leaders - duties - conflicts - applicable law - definitions. (1) As used in this section:
(a) Charter school means a charter school created and operating pursuant
to this part 1, an institute charter school created and operating pursuant to part 5 of this article 30.5, a charter school network created and operating pursuant to section 22-30.5-104.7, a charter school collaborative created and operating pursuant to part 6 of this article 30.5, or a charter school created and operated by the Colorado school for the deaf and blind pursuant to section 22-80-102 (4)(b).
(b) Public entity means a public body, local public body, public corporation,
body politic and corporate, political subdivision, public unit, or any other defined term in law in which school districts, including charter schools, are expressly included in or exempt from the public sector in the definition or application of the defined term.
(2) For the purpose of any law, excluding title 1, title 7, and this title 22, that
applies to or exempts a public entity or that applies to or exempts a public official:
(a) A charter school has the same public status as a public school that is
geographically located in the same school district;
(b) Board directors and school leaders, by virtue of their roles within a public
charter school, are deemed public servants; and
(c) A school leader of a charter school has the same or similar authority as a
school district superintendent.
(3) A charter school that is operating on May 15, 2023, shall provide the
information required for an inventory of local government pursuant to section 24-32-116 to the department of local affairs within ninety days after May 15, 2023. A charter school that begins operating after May 15, 2023, shall provide such information to the department of local affairs within ninety days after becoming a charter school as determined pursuant to subsection (7) of this section.
(4) A person who is a director on a charter school board of directors on May
15, 2023, shall take, sign, and file an oath of office pursuant to section 24-12-101 within eighty days after May 15, 2023. A person who becomes a director on a charter school board of directors after May 15, 2023, shall take, sign, and file an oath of office pursuant to section 24-12-101 no later than eighty days after becoming a director on the charter school board of directors.
(5) Notwithstanding any other provision of law and unless otherwise stated
in title 7, if there is a conflict between a law that is specifically applicable to charter schools and any provision in articles 30 or 121 through 137 of title 7, and any statute incorporated by reference therein, the law that is specifically applicable to charter schools controls.
(6) Notwithstanding the provisions of subsection (2) of this section, each
charter school is subject to the provisions of section 1-45-117 as a political subdivision of the state.
(7) For purposes of any law that is made applicable to charter schools
pursuant to this section, a charter school applicant is deemed to have become a charter school on July 1 following the execution of a contract by the applicant.
Source: L. 2023: Entire section added, (SB 23-287), ch. 189, p. 925, � 11,
effective May 15.
Cross references: For the legislative declaration in SB 23-287, see section 1
of chapter 189, Session Laws of Colorado 2023.
22-30.5-105. Charter schools - contract contents - regulations. (1) (a) An
approved charter application shall serve as the basis for a contract between a charter school and the chartering local board of education.
(b) A local board of education may approve a charter school application
submitted by a nonprofit entity and enter into a charter contract directly with the nonprofit entity to operate a charter school. A local board of education shall not approve a charter school application that is submitted by a for-profit entity or that identifies a for-profit entity as one of the charter applicants, and the local board of education shall not enter into a charter contract directly with a for-profit entity to operate a charter school.
(2) (a) The contract between a charter school and the chartering local board
of education shall reflect all agreements regarding the release of the charter school from school district policies. Each charter school's contract shall include a statement specifying the manner in which the charter school shall comply with the intent of the state statutes, state board rules, and district rules that are waived for the charter school by application.
(b) Repealed.
(c) A contract between a charter school and the chartering local board of
education approved on or after July 1, 2002, shall specify:
(I) If the contract is not a renewal of an expiring contract, the manner in
which the school district governed by the local board of education will support any start-up facility needs of the charter school;
(II) The manner in which the school district governed by the local board of
education will support any long-term facility needs of the charter school;
(III) The actions that the charter school must take in order to:
(A) Have its capital construction needs included as part of the next ballot
question for approval of bonded indebtedness to be submitted by the local board of education of its chartering school district to the voters of the district; or
(B) Have the local board of education submit a ballot question for approval
of a special mill levy to finance the capital construction needs of the charter school to the voters of the district pursuant to section 22-30.5-405;
(IV) The financial information, including but not limited to an annual
governmental audit, the charter school must report to the chartering school district, the deadline for reporting such information to the chartering school district in order to enable the chartering school district to comply with the requirements specified in this title and in rules promulgated by the state board pertaining to reporting financial information to the department of education, and the circumstances under which the chartering school district may withhold a portion of the charter school's monthly payment as provided in section 22-30.5-112 (8) for failure to comply with financial reporting requirements specified in the contract; and
(V) Whether, and the circumstances under which, the local board of
education delegates to the charter school the authority to impose a transportation fee on students who are enrolled in the charter school and, if so, the procedures for imposition of the fee.
(3) A contract between a charter school and the chartering local board of
education shall reflect all requests for release of the charter school from state statutes and state board rules that are not automatic waivers and a list of the automatic waivers that the charter school is invoking. Within ten days after the contract is approved by the chartering local board of education, the chartering local board of education shall deliver to the state board any request for waiver of state statutes and state board rules that are not automatic waivers. The chartering local board of education shall request the release by submitting a complete copy of the signed charter contract. Within forty-five days after a request for release is received by the state board, the state board shall either grant or deny the request. If the state board grants the request, it may orally notify the chartering local board of education and the charter school of its decision. If the state board denies the request, it shall notify the chartering local board of education and the charter school in writing that the request is denied and specify the reasons for denial. If the chartering local board of education and the charter school do not receive notice of the state board's decision within forty-five days after submittal of the request for release, the request shall be deemed granted. If the state board denies a request for release that includes multiple state statutes or state board rules, the denial shall specify the state statutes and state board rules for which the release is denied, and the denial shall apply only to those state statutes and state board rules so specified.
(4) A material revision of the terms of a charter contract may be made only
with the approval of the chartering local board of education and the governing body of the charter school.
(5) A term included in a charter contract that would require a charter school
to waive or otherwise forgo receipt of any amount of additional mill levy revenue due to the charter school as provided in section 22-32-108.5 or any amount of operational or capital construction money provided to the charter school pursuant to the provisions of this article 30.5 or pursuant to any other provision of law is hereby declared null and void as against public policy and is unenforceable. In no event shall this subsection (5) be construed to prohibit a charter school from contracting with its chartering local board of education for the purchase of services, including but not limited to the purchase of educational services.
(6) A charter school that provides a half-day kindergarten educational
program before the 2019-20 school year and chooses to expand the kindergarten educational program to a full day shall notify the chartering local board of education of the expansion of the kindergarten educational program and of the school year in which the anticipated program expansion takes effect. The charter school and the authorizing local board of education shall amend the charter contract as necessary to allow for the program expansion. If the local board objects to the program expansion, the local board shall provide to the charter school a written explanation of the grounds for its objection. If the charter school and the authorizing local board of education cannot agree on an amendment to the charter contract for the program expansion, the charter school may file a notice with the state board as provided in section 22-30.5-108 to appeal the decision of the local board concerning a unilateral imposition of conditions on the charter school. The state board shall decide the appeal in accordance with the provisions of section 22-30.5-108. Negotiations to
C.R.S. § 22-32-110
22-32-110. Board of education - specific powers - definitions. (1) In addition to any other power granted to a board of education of a school district by law, each board of education of a school district has the following specific powers, to be exercised in its judgment:
(a) To take and hold in the name of the district so much real and personal
property located within or outside the territorial limits of the district as may be reasonably necessary for any purpose authorized by law;
(b) To purchase on such terms, including but not limited to installment
purchase plans, as the board sees fit and necessary or to lease or rent, with or without an option to purchase, undeveloped or improved real property located within or outside the territorial limits of the district or equipment on such terms as the board sees fit for use as school sites, buildings, or structures, or for any school purpose authorized by law; to determine the location of each school site, building, or structure; and to construct, erect, repair, alter, and remodel buildings and structures;
(c) To provide furniture, equipment, library books, and everything needed to
carry out the education program;
(d) To construct, purchase, or remodel teacherages for the employees, or
any classification thereof, of the district;
(e) To sell and convey district property which may not be needed within the
foreseeable future for any purpose authorized by law, upon such terms and conditions as it may approve; and to lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same. No finding that the property may not be needed within the foreseeable future shall be necessary if the property is sold and conveyed to a state agency or political subdivision of this state or if the board anticipates that the district will become the tenant of the property under a lease, with or without an option to purchase. A board of education of a school district may only include, by title, covenant, deed, or otherwise, a use restriction on the sale, conveyance, or lease of any district property pursuant to this subsection (1)(e) that restricts the property from being used as a public or nonpublic school for any grade from preschool through the twelfth grade, after providing public notice of its intent to include such use restriction and after discussing the issue in public at a regularly scheduled meeting of the board of education.
(f) (I) To rent or lease district property not needed for its purposes for terms
not exceeding ten years; or in the case of unimproved real property leased to a lessee that is a charter school as defined in section 22-30.5-403 (3), for a term not exceeding thirty years; in the case of a charter school using debt financing, for a term not exceeding the term of the debt financing, subject to all land use and building and zoning plans, codes, resolutions, and regulations, and to permit the use of district property by community organizations upon such terms and conditions as it may approve; or, in the case of a solar field, energy storage system, or an affordable housing project, for any term of years. A finding that the property is not needed for the district's purposes is unnecessary if the board anticipates that the district will become the subtenant of the property under a sublease, and under such circumstances the term of the lease may exceed ten years but may not exceed fifty years. A board of education of a school district may only include, in a lease or otherwise, a use restriction on the rental or lease of any district property pursuant to this subsection (1)(f) that restricts the property from being used as a public or nonpublic school for any grade from preschool through the twelfth grade, after providing public notice of its intent to include such use restriction and after discussing the issue in public at a regularly scheduled meeting of the board of education.
(II) If a board of education of a school district leases or rents property for the
purposes of an affordable housing project, the board of education shall develop a policy that defines affordable housing for the project.
(f.5) Subject to prior approval by the commissioner of education as provided
in section 22-2-112 (5), to lease district property to a state institution of higher education for use by the institution for a term agreed to by the district and the institution. In addition to or in lieu of monetary lease payments, the board of education may agree to receive in-kind services provided by the institution to the district or its employees or graduates who reside within Colorado, such as reduced tuition rates and scholarships for the school district's employees or graduates who reside within Colorado. If the school district receives in-kind services as provided in this paragraph (f.5), the dollar value of the in-kind services that the school district receives must equal the dollar amount of the lease payment for which the in-kind service is substituted. No later than December 31, 2018, and no later than December 31 every three years thereafter, the school district shall submit to the education committees of the house of representatives and the senate, or any successor committees, a report specifying the amount of bonded indebtedness incurred to build a building that is leased to an institution of higher education as provided in this paragraph (f.5), an accounting of the value of any in-kind services received, and the impact on the school district as a result of the lease.
(g) To employ a chief executive officer to administer the affairs and the
programs of the district, pursuant to a contract;
(h) To discharge or otherwise terminate the employment of any personnel. A
board of a district of innovation, as defined in section 22-32.5-103 (2), may delegate the power specified in this paragraph (h) to an innovation school, as defined in section 22-32.5-103 (3), or to a school in an innovation school zone, as defined in section 22-32.5-103 (4).
(i) To reimburse employees of the district for expenses incurred in the
performance of their duties either within or without the territorial limits of the district;
(j) To procure group life, health, or accident insurance covering employees of
the district pursuant to section 10-7-203, C.R.S.;
(k) (I) To adopt written policies, rules, and regulations, not inconsistent with
law, that may relate to the efficiency, in-service training, professional growth, safety, official conduct, and welfare of the employees, or any classification thereof, of the district. The practices of employment, promotion, and dismissal shall be unaffected by the employee's religion, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, racial or ethnic background, national origin, ancestry, or participation in community affairs.
(II) As used in this subsection (1)(k):
(A) Protective hairstyle includes such hairstyles as braids, locs, twists,
tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(B) Racial or ethnic background includes hair texture, hair type, hair length,
or a protective hairstyle that is commonly or historically associated with race.
(l) To determine which schools of the district shall be operated and
maintained;
(m) To fix the attendance boundaries of each school in the district;
(n) To provide for the necessary expenses of the board in the exercise of its
powers and the performance of its duties; to maintain membership in established school board organizations; and to reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;
(o) To provide textbooks to all school-age pupils enrolled in the public
schools. The use of such textbooks may be provided free of charge or for a reasonable rental fee for the use of some or all of the textbooks. The rental fee shall be based solely on the purchase price and normal life expectancy of each book rented.
(p) To require pupils enrolled in the public schools of the district to possess
suitable supplies;
(q) To procure supplies and equipment required to carry on the musical,
dramatic, athletic, and equivalent programs of the district;
(r) To exclude from each school and school library any books, magazines,
papers, or other publications which, in the judgment of the board, are of immoral or pernicious nature;
(s) To procure such insurance coverage on the building, structures, and
equipment owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;
(t) To procure such casualty insurance coverage on the personal property
owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;
(u) To procure public liability insurance covering the school district and the
directors and employees thereof;
(v) To procure liability and property damage insurance on school vehicles, as
defined in section 42-1-102 (88.5), C.R.S., and to procure accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the school district pursuant to section 22-32-113, including injury received in the course of entering or alighting from any school vehicle or other means of transportation furnished by the school district;
(w) To contract for the transportation of pupils enrolled in the public schools
of the district and to require any such contractor operating a bus or motor vehicle for such purpose to procure liability and property damage insurance on such bus or motor vehicle and pay all premiums for such insurance, without the right of contribution from the school district to the insurer;
(x) To elect to have moneys belonging to the school district withdrawn from
the custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;
(y) To accept gifts, donations, or grants of any kind made to the district and
to expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;
(z) To cause a census to be taken of all persons resident within the district
who have not attained the age of twenty-one years, or any age group thereof, whenever determined by the board, notwithstanding any census theretofore or thereafter required to be taken by the state board of education;
(aa) To authorize the use of facsimile signatures on teacher contracts, bonds,
and bond coupons by appropriate resolution;
(bb) Repealed.
(cc) To provide, in the discretion of the local board, out of federal grants
made available specifically for this purpose, special educational services and arrangements, such as dual enrollment, educational radio and television, and mobile educational services, for the benefit of educationally deprived children in the district who attend nonpublic schools, without the requirement of full-time public school attendance and without discrimination on the ground of race, color, religion, sex, or national origin;
(dd) To provide, in the discretion of the local board, out of federal grants
made available specifically for this purpose, library resources which, for the purposes of this title, means books, periodicals, documents, magnetic tapes, films, phonograph records, and other related library materials and printed and published instructional materials for the use and benefit of all children in the district and the use of teachers to benefit all children in the district, both in the public and nonpublic schools, without charge and without discrimination on the ground of race, color, religion, sex, or national origin;
(ee) To employ on a voluntary or paid basis teachers' aides and other
auxiliary, nonlicensed personnel to assist licensed personnel in the provision of services related to instruction or supervision of children and to provide compensation for such services rendered from any funds available for such purpose, notwithstanding the provisions of sections 22-63-201 and 22-63-402;
(ff) and (gg) Repealed.
(hh) To enter into installment purchase contracts or shared-savings
contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.;
(ii) To enter into contracts and to receive federal matching funds for moneys
spent in providing student health services pursuant to section 25.5-5-301 (6) or 25.5-5-318, C.R.S.;
(jj) To require the payment of any fine or fee assessed pursuant to law, the
return or replacement of textbooks or library resources, or the return or replacement of other school property. A school district shall not withhold, and shall ensure that a school of the school district does not withhold, records required for enrollment in another school or institution of higher education or the diploma, transcript, or grades of any student who fails to pay any assessed fine or fee, to return or replace textbooks or library resources, or to return or replace any school property at the completion of any semester or school year. The school district shall make a reasonable effort to obtain payment of any assessed fine or fee, payment for lost or damaged textbooks or library resources, and payment for lost or damaged school property. If the school district determines that a student is unable to pay, the school district may obtain payment through other methods, including but not limited to payment plans or service within the school in which the student is enrolled. Nothing in this subsection (1)(jj) limits the authority of a school district to collect debt.
(kk) To authorize the use of electronic records or signatures and adopt rules,
standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.;
(ll) (I) Repealed.
(II) (Deleted by amendment, L. 2005, p. 433, � 5, effective April 29, 2005.)
(mm) To adopt a resolution, as provided in section 13-1-127 (7), C.R.S.,
authorizing one or more employees of the school district to represent the school district in judicial proceedings brought to enforce the School Attendance Law of 1963, article 33 of this title.
(2) to (4) Repealed.
(5) No board of education shall enter into an agreement with any group,
association, or organization representing employees of the district which commits revenues raised or received pursuant to article 54 of this title for a period of time in excess of one year unless such agreement includes a provision which allows for the reopening of the portion of the agreement relating to salaries and benefits.
Source: L. 64: p. 579, � 10. C.R.S. 1963: � 123-30-10. L. 65: p. 1023, � 1. L. 69:
p. 1032, � 1. L. 71: p. 1163, � 1. L. 73: pp. 1274, 1275, 1279, �� 2, 1, 1. L. 77: (1)(b) amended, p. 1050, � 1, effective June 10;(1)(cc) and (1)(dd) amended, p. 1053, effective July 1. L. 79: (1)(a) and (1)(b) amended, p. 782, � 2, effective June 7. L. 83: (1)(b), (1)(e), and (1)(f) amended, p. 749, �� 1, 2,effective July 1;(1)(f) amended, p. 754, � 1, effective July 1. L. 84: (1)(bb) amended, p. 582, � 2, effective March 19;(2) to (4) added, p. 597, � 1, effective April 5. L. 89: (5) added, p. 965, � 12, effective June 7. L. 90: (1)(ff) and (1)(gg) added, p. 1456, � 3, effective April 24;(1)(ee) amended, p. 1130, � 5, effective July 1;(2) and (4) amended, p. 1031, � 20, effective July 1. L. 91: (4)(a) amended and (4)(c) added, p. 529, � 1, effective April20;(1)(hh) added, p. 732, � 2, effective May 1. L. 93: (2) and (3) amended and (3.5) added, p. 449, � 1,effective July 1. L. 94: (1)(ff), (1)(gg), and (5) amended, pp. 808, 813,�� 14, 26, effective April 27;(1)(ee) amended, p. 1633, � 39, effective May 31;(1)(ff) and (1)(gg) amended, p. 2831, � 1, effective January 1, 1995. L. 95: (1)(o) amended, p. 346, � 2, effective January 1, 1996. L. 97: (1)(ii) added, p. 1139, � 7, effective May 28;(3.5)(b) repealed, p. 461, � 8, effective August 6. L. 98: (2)(b)(V) amended, p. 572, � 6, effective April 30;(2)(b)(IV) amended, p. 823, � 32, effective August 5. L. 99: (1)(jj) added, p. 291, � 1, effective April 14;(1)(kk) added, p. 1347, � 5, effective July 1. L. 2000: (3.5)(a) amended, p. 369, � 21, effective April 10;(2), (3), (3.5), and (4) repealed, p. 1963, � 4, effective June 2;(1)(ee) and IP(4)(b) amended, p. 1857, � 59, effective August 2. L. 2001: (1)(ll) added, p. 560, � 2, effective May 29. L. 2002: (1)(kk) amended, p. 858, � 6, effectiveMay 30; (1)(ff) and (1)(gg) amended, p. 1118, � 1, effective June 3; (1)(f) amended,p. 1767, � 35, effective June 7. L. 2003: (1)(jj) amended, p. 1634, � 1, effective May 2; (1)(ff)(III)and(1)(gg)(III) added, p. 2137, �� 35, 36, effective May 22. L. 2005: (1)(ll) amended, p. 433, � 5, effective April 29. L. 2006: (1)(ll)(I)repealed,p. 696, � 40, effective April 28; (1)(ii) amended, p. 2006, � 64, effective July1. L. 2007: (1)(mm) added, p. 165, � 3, effective March 22; (1)(ff)(I) and(1)(gg)(I) amended, p. 348, � 3, effective August 3. L. 2008: (1)(h) amended, p. 1431, � 3, effective May 28; (1)(k) amended,p.1601, � 24, effective May 29. L. 2010: (1)(v) amended, (HB10-1232), ch. 163, p. 570, � 5, effectiveApril 28; (1)(ff) and (1)(gg) repealed, (HB10-1013), ch. 399, p. 1896, � 3, effectiveJune 10; (1)(bb) repealed, (HB10-1171), ch. 401, p. 1935, � 5, effective August11. L. 2016: (1)(f.5) added, (SB16-209), ch. 235, p. 949, � 1, effective August 10. L. 2017: (1)(jj) amended, (HB17-1301), ch. 201, p. 745, � 1, effective August 9. L. 2019: (1)(e) and (1)(f) amended, (HB19-1100), ch. 36, p. 118, � 2, effective August 2. L. 2020: IP(1) and (1)(k) amended, (HB20-1048), ch. 8, p. 18, � 7, effective September 14. L. 2021: (1)(k)(I) amended, (HB21-1108), ch. 156, p. 893, � 25, effective September 7. L. 2024: (1)(k)(II)(B) amended, (HB 24-1451), ch. 354, p. 2412, � 5, effective June 3. L. 2025: (1)(f) amended, (HB 25-1006), ch. 316, p. 1651, � 1, effective August 6.
Editor's note: Subsection (3.5)(a) was amended by Senate Bill 00-186 with a
conforming amendment that will not take effect because of the repeal of the provision by Senate Bill 00-133.
Cross references: (1) For the legislative declaration contained in the 1995
act amending subsection (1)(o), see section 1 of chapter 113, Session Laws of Colorado 1995. For the legislative declaration contained in the 2001 act enacting subsection (1)(ll), see section 1 of chapter 174, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act amending subsection (1)(k), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 19-1100, see section 1 of chapter 36, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
(2) For the short title (Creating a Respectful and Open World for Natural
Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.
C.R.S. § 22-32-122
22-32-122. Contract services, equipment, and supplies. (1) A school district may contract with another district, with the governing body of a state college or university, with the tribal corporation of an Indian tribe or nation, with a federal agency or officer, with a county, city, or city and county, or with a natural person, body corporate, or association for the performance of a service, including an educational service, an activity, or an undertaking that a school may be authorized by law to perform or undertake.
(2) Each school district board of education may review and revise the policies
and procedures adopted by the board pursuant to section 22-32-109 (1)(b) and may choose to require competitive bidding on contracts for professional services, other than contracts for instructional services. A policy adopted pursuant to this subsection (2) may:
(a) Require that the school district personnel, prior to recommending that the
board of education enter into a contract pursuant to this section, examine the costs and benefits of contracting for the service, activity, or undertaking rather than performing the service, activity, or undertaking using school district personnel and that the recommendation specify the conclusions of the cost-benefit analysis and their rationale;
(b) Require the school district personnel to implement a bidding process for
contracts entered into pursuant to this section; and
(c) Establish criteria for recommending a contractor to the board of
education.
(3) (a) A contract entered into pursuant to this section shall set forth fully
the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the parties so contracting and shall require the service, including educational service, activity, or undertaking to be of comparable quality and meet the same requirements and standards that would apply if performed by the school district.
(b) A contract executed pursuant to this section may include, among other
things, the purchase, outright or by installment sale, or rental or lease, with or without an option to purchase, of necessary building facilities, equipment, supplies, and employee services.
(c) Any state or federal financial assistance that would accrue to a
contracting school district, if the district were to perform the contracted service, including educational service, activity, or undertaking individually, shall, if the state board of education finds the contracted service, including educational service, activity, or undertaking is of comparable quality and meets the same requirements and standards that would apply if performed by a school district, be apportioned by the state board of education on the basis of the contractual obligations and paid separately to each contracting school district in the manner prescribed by law.
(4) (a) A contract executed pursuant to this section that includes services
performed for a public school shall include a provision requiring a criminal background check for any person providing services under the contract, including any subcontractor or other agent of the contracting entity, if the person provides direct services to students, including but not limited to transportation, instruction, or food services. The criminal background check shall, at a minimum, meet the requirements of section 22-32-109.7 and any other requirements of the school district that executes the contract. The contracting entity is responsible for any costs associated with the background check. A contractor need not provide the results of the background check with the submission of the bid but shall make the background check results available upon request of the school board in compliance with the provisions of section 24-72-305.3, C.R.S.
(b) The background check described in paragraph (a) of this subsection (4) is
required only for those persons who have regular, but not incidental, contact with students at least once a month.
(c) The provisions of paragraph (a) of this subsection (4) do not apply to a
faculty member from an institution of higher education who contracts to teach for a school district and who has undergone a background check that meets the requirements of section 22-32-109.7 and any other requirements of the school district with which the faculty member contracts.
(5) Nothing in this section authorizes a school district to expend proceeds
from the sale of general obligation or revenue bonds issued by the school district to procure or erect a school or other building beyond the territorial limits of the district except in accordance with the provisions of section 22-32-109 (1)(v).
Source: L. 64: p. 589, � 23. C.R.S. 1963: � 123-30-23. L. 67: p. 1078, � 1. L. 75:
(2) amended, p. 786, � 5, effective July 1. L. 77: (1) amended, p. 1050, � 2, effective June 10. L. 79: (2) amended, p. 783, � 3, effective June 7. L. 93: Entire section amended, p. 669, � 1, effective April 30; (1) amended, p. 1648, � 42, effective July 1. L. 2011: (1.5) added, (SB 11-266), ch. 241, p. 1052, � 1, effective May 27. L. 2012: Entire section amended, (SB 12-051), ch.200, p. 800, � 1, effective August 8.
Editor's note: Subsection (1) was amended in Senate Bill 93-242. Those
amendments were superseded by the amendment of the entire section in House Bill 93-1118.
C.R.S. § 22-32-124
22-32-124. Building codes - zoning - planning - fees - rules - definitions. (1) (a) Prior to the acquisition of land or any contracting for the purchase thereof, the board of education of the school district in which the land is located shall consult with and advise in writing the planning commission, or governing body if no planning commission exists, that has jurisdiction over the territory in which the site is proposed to be located in order that the proposed site shall conform to the adopted plan of the community insofar as is feasible. In addition, the board of education shall submit a site development plan for review and comment to the planning commission or governing body prior to construction of any structure or building. The planning commission or governing body may request a public hearing before the board of education relating to the proposed site location or site development plan. The board of education shall thereafter promptly schedule the hearing, publish at least one notice in advance of the hearing, and provide written notice of the hearing to the requesting planning commission or governing body.
(b) Prior to the acquisition of land for school building sites or construction of
any buildings thereon, the board of education of the school district in which the land is located also shall consult with the Colorado geological survey regarding potential swelling soil, mine subsidence, and other geologic hazards and to determine the geologic suitability of the site for its proposed use.
(c) All buildings and structures shall be constructed in conformity with the
building and fire codes adopted by the director of the division of fire prevention and control in the department of public safety, referred to in this section as the division.
(c.5) In constructing buildings and structures, a school district, district
charter school, or institute charter school may consult the guidelines adopted by the public school capital construction assistance board pursuant to section 22-43.7-106 (2)(a).
(d) Nothing in this subsection (1) shall be construed to limit the authority of a
board of education to finally determine the location of the public schools of the school district and construct necessary buildings and structures.
(1.5) (a) Prior to contracting for a facility, a charter school shall advise in
writing the planning commission, or governing body if no planning commission exists, which has jurisdiction over the territory in which the site is proposed to be located. The relevant planning commission or governing body may request the charter school to submit a site development plan for the proposed facility, but must issue such request, if any, within ten days after receiving the written advisement. If requested by the relevant planning commission or governing body, the charter school, acting on behalf of its sponsoring school board, shall submit such a site development plan. The relevant planning commission or governing body may review and comment on such plan to the governing body of the charter school, but must do so, if at all, within thirty days after receiving such plan. The relevant planning commission or governing body, if not satisfied with the response to such comments, may request a hearing before the board of education regarding such plan. Such hearing shall be held, if at all, within thirty days after the request of the relevant planning commission or governing body. The charter school then may proceed with its site development plan unless prohibited from doing so by school board resolution.
(b) An institute charter school authorized pursuant to part 5 of article 30.5 of
this title shall proceed pursuant to the provisions of this subsection (1.5). Notwithstanding the provisions of paragraph (a) of this subsection (1.5) to the contrary, the relevant planning commission or governing body may request a hearing before the state board of education. The institute charter school then may proceed with its site development plan unless prohibited from doing so by the state board of education.
(2) (a) (I) (A) This subsection (2) shall apply to building or structure
construction. Except as specified in subparagraph (II) of this paragraph (a), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division and that the school district or charter school, whichever is appropriate, has complied with the provisions of paragraph (b) of subsection (1) of this section. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The affected board of education, state charter school institute, or charter school may hire and compensate third-party inspectors under contract with the division or hire and compensate other third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. If the board of education, state charter school institute, or charter school is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the division shall require a sufficient number of third-party inspection reports to be submitted by the inspector to the division based upon the scope of the project to ensure quality inspections are performed. Except as specified in sub-subparagraph (B) of this subparagraph (I), the third-party inspector shall attest that inspections are complete and all violations are corrected before the board of education, state charter school institute, or charter school is issued a certificate of occupancy. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the appropriate board of education, state charter school institute, or charter school pursuant to section 24-33.5-1213, C.R.S.
(B) If inspections are not completed and a building requires immediate
occupancy, and if the board of education, state charter school institute, or charter school has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (B) pursuant to section 24-33.5-1213, C.R.S.
(II) Pursuant to a memorandum of understanding between the appropriate
building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (a), to ensure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division, and take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5, C.R.S., prior to prequalification. An affected board of education, state charter school institute, or charter school may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the building department shall cover actual, reasonable, and necessary costs. For purposes of this section, appropriate building department means the building department of a county, town, city, or city and county and includes a building department within a fire department.
(III) The division shall cause copies of the building plans to be sent to the
appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building plans.
(IV) If the fire department declines to perform the plan review or any
subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, unless the context otherwise requires, certified fire inspector has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.
(V) If the building or structure is in conformity with the building and fire
codes adopted by the director of the division, and if the appropriate fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the school district or by the institute charter school. The division is authorized to charge a fee to cover the actual, reasonable, and necessary costs of the inspections of buildings and structures. The amount of the fee shall be determined by the director of the division by rule, on the basis of the direct cost of providing the service.
(VI) If the division authorizes building code inspections by a third-party
inspector pursuant to subparagraph (I) of this paragraph (a) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to subparagraph (II) of this paragraph (a), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subsection (2) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this subsection (2) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.
(b) (I) If the division conducts the necessary plan reviews and causes the
necessary inspections to be performed to determine that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. The fees shall cover the actual, reasonable, and necessary expenses of the division. The director of the division by rule or as otherwise provided by law may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. Any fees collected by the division pursuant to this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.
(II) Any moneys remaining as of December 31, 2009, in the public safety
inspection fund created pursuant to section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to this paragraph (b) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.
(c) (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,
effective January 1, 2010.)
(d) The inspecting entity shall cooperate with the affected board of
education or the state charter school institute in carrying out the duties of this section.
(e) If the inspecting entity and the board of education or the state charter
school institute disagree on the interpretation of the codes or standards adopted by the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the director of the division pursuant to article 4 of title 24, C.R.S.
(f) The rules authorized by this subsection (2) shall be adopted in accordance
with article 4 of title 24, C.R.S.
(g) School buildings shall be maintained in accordance with the fire code
adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.
(3) (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,
effective January 1, 2010.)
Source: L. 64: p. 590, � 25. C.R.S. 1963: � 123-30-25. L. 81: Entire section
amended, p. 1064, � 1, effective June 12. L. 84: (1) R&RE and (2) amended, pp. 599, 600, �� 1, 2, effective April 5. L. 85: (2) amended, p. 338, � 6, effective July 1. L. 86: Entire section amended, p. 499, � 118, effective March 26. L. 98: (2)(b) amended, p. 1331, � 41, effective June 1. L. 2000: (1.5) added, p. 519, � 2, effective August 2. L. 2001: (1), (2), and (3) amended, p. 1138, � 66, effective June 5. L. 2004: (2) amended, p. 1592, � 28, effective June 3; (1.5) amended, p. 1635, � 39, effective July 1. L. 2006: (1), (2), and (3) amended, p. 1355, � 2, effective July 1. L. 2007: (2)(a)(IV) amended, p. 2031, � 44, effective June 1. L. 2008: (2)(a), (2)(b), (2)(c), and (3) amended, p. 1084, � 1, effective August 5. L. 2009: (1), (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(IV), (2)(a)(V), (2)(b), (2)(c), (2)(e), and (3) amended and (2)(g) added, (HB 09-1151), ch. 230, p. 1045, � 1, effective January 1, 2010. L. 2011: (2)(a)(I)(A) amended, (SB 11-251), ch. 240, p. 1043, � 4, effective June 30. L. 2012: (1)(c) amended, (HB 12-1283), ch. 240, p. 1132, � 41, effective July 1. L. 2013: (1)(c.5) added, (SB 13-279), ch. 413, p. 2451, � 3, effective August 7.
Cross references: For the legislative declaration in the 2012 act amending
subsection (1)(c), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (1)(c.5), see section 1 of chapter 413, Session Laws of Colorado 2013.
C.R.S. § 22-32-127
22-32-127. Leases or installment purchases for periods exceeding one year. (1) (a) Whenever the term of an installment purchase agreement or a lease agreement with an option to purchase, including but not limited to any sublease-purchase agreement entered into by a school district pursuant to section 22-43.7-110 (2)(c), under which a school district becomes entitled to the use of undeveloped or improved real property or equipment for a school site, building, or structure is greater than one year, the obligation to make payments under the agreement shall constitute an indebtedness of the district.
(b) Under any installment purchase agreement or under any lease or rental
agreement, with or without the option to purchase, or similar agreement pursuant to which the subject real or personal property is used by the school district for school district purposes, title shall be considered to have passed to the school district at the time of execution of the agreement for purposes of determining liability for or exemption from property taxation.
(2) No board of education shall enter into an installment purchase
agreement of the type which constitutes an indebtedness unless such agreement shall be first approved as provided in this section by a majority of the registered electors of the district voting at an election held pursuant to this section. The board of education may submit to the registered electors of the district the question of entering into such an agreement at any general election, regular biennial school election, or special election called for the purpose. The secretary of the board of education shall give notice of an election to be held pursuant to this section in essentially the same manner and for the same length of time as is required by law for a notice of election of school directors. Such notice shall contain, to the extent applicable, the information required for a notice of election of school directors and in addition shall contain a statement of the maximum term of the proposed agreement, the maximum and periodic amounts of payments for which the district would be obligated, and the purpose of the agreement.
(3) The manner and place of conducting elections held pursuant to this
section, and all other election procedures relating thereto, shall be as provided by law for the approval of contracting a bonded indebtedness of the district.
(4) The principal amount of any indebtedness incurred by a school district by
means of installment purchase, financed purchase of an asset, or certificate of participation, or sub-financed purchase of an asset or certificate of participation agreements having terms of more than one year shall be subject to the limitation imposed by law on the amount of bonded indebtedness that may be incurred by a school district.
(5) The question of entering into an agreement of the type which constitutes
an indebtedness of the district beyond a term of one year may be submitted or resubmitted after the same or any other such question has previously been rejected at an election held pursuant to this section; but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of education of any school district shall not submit any question of entering into such an agreement at more than two elections within any twelve-month period.
(6) The provisions of this section shall have no application to any installment
purchase agreement or lease agreement with option to purchase, even though the term thereof may be greater than one year, where the school district's obligation to make payments under such installment purchase agreement or lease agreement with option to purchase is limited to its capital reserve fund, its general fund, or both and is expressly subject to the making of annual appropriations therefor in accordance with law.
(7) The provisions of this section shall have no application to any installment
purchase agreement or lease agreement with an option to purchase in which such payments are made from the capital reserve fund following approval in an election as provided for in section 22-45-103 (1)(c).
Source: L. 73: p. 1275, � 2. C.R.S. 1963: � 123-30-28. L. 77: (1) amended, p.
1051, � 3, effective June 10. L. 83: (1) amended, p. 743, � 2, effective June 1; (1)(a) and (6) amended, p. 750, � 3, effective July 1. L. 85: (6) amended, p. 733, � 3, effective May 31. L. 87: (2) amended, p. 315, � 50, effective July 1. L. 2008: (1)(a) and (4) amended, p. 1062, � 2, effective May 22. L. 2021: (4) amended, (HB 21-1316), ch. 325, p. 2001, � 13, effective July 1.
Editor's note: Subsection (1)(a) was amended in Senate Bill 83-384. Those
amendments were superseded by the amendment of subsection (1) in Senate Bill 83-345.
Cross references: For procedure for contracting bonded indebtedness by a
school district, see article 42 of this title.
C.R.S. § 22-32-141
22-32-141. Student awaiting trial as adult - educational services - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Federal IDEA act means the federal Individuals with Disabilities
Education Act, 20 U.S.C. 1400 et seq., and the federal regulations for implementing said act regarding the provision of special education and related services to students with disabilities.
(b) Juvenile means a person:
(I) Against whom criminal charges are directly filed in district court pursuant
to section 19-2.5-801 or for whom criminal charges are transferred to district court pursuant to section 19-2.5-802;
(II) Who is under eighteen years of age at the time the offense is committed;
and
(III) Who is less than twenty-one years of age.
(c) Pupil enrollment count day has the same meaning as set forth in section
22-54-103 (10.5).
(2) (a) Except as set forth in subsections (2)(c) to (2)(g) of this section, if a
juvenile is held in a jail or other facility for the detention of adult offenders pending criminal proceedings as an adult, the school district in which the jail or facility is located shall provide educational services for the juvenile upon request of the official in charge of the jail or facility, or the official's designee, pursuant to section 19-2.5-305 (4)(c)(I). A school district may provide educational services directly using one or more of its employees or may ensure that educational services are provided through a board of cooperative services, an administrative unit, or otherwise through contract with a person or entity.
(b) In addition to meeting the requirements specified in this section, for each
juvenile in a jail or facility who is a student with disabilities, the school district shall comply with any applicable provisions of the federal IDEA act.
(c) A school district is not required to provide educational services pursuant
to this section to a juvenile if the juvenile has already graduated from high school or if the juvenile received a general education development certificate, unless otherwise required by the federal IDEA act.
(d) A school district is not required to provide educational services pursuant
to this section to a juvenile for more than four hours per week or during periods of the school year when students enrolled in the school district are not required to attend school, except as may otherwise be required by the federal IDEA act.
(e) If a school district or the official in charge of the jail or facility determines
pursuant to section 19-2.5-305 (4)(c)(II) that an appropriate and safe environment for school district employees or contractors is not available in which to provide educational services to a specific juvenile, the school district is exempt from the requirement of providing educational services to the juvenile until such time as both the school district and the official in charge of the jail or facility determine that an appropriate and safe environment for school district employees or contractors is available. If the school district will not be providing educational services to a juvenile because of the lack of an appropriate and safe environment for school district employees or contractors, the official in charge of the jail or facility shall notify the juvenile, the juvenile's parent or legal guardian, the juvenile's defense attorney, and the court having jurisdiction over the juvenile's case.
(f) If a juvenile is violent toward or physically injures the school district
employee or contractor who is providing educational services to the juvenile pursuant to this section, the school district shall not require the employee or contractor to continue providing educational services to the juvenile, and the school district may choose to cease providing educational services to the juvenile, unless otherwise required by the federal IDEA act. If a school district ceases to provide educational services to a juvenile pursuant to this paragraph (f), the school district shall notify the official in charge of the jail or facility, and the official shall notify the juvenile, the juvenile's parent or legal guardian, the juvenile's defense attorney, and the court having jurisdiction over the juvenile's case.
(g) If a juvenile refuses to accept or participate in educational services,
including special education services, a school district shall not be required to provide educational services pursuant to this section. The official in charge of the jail or facility in which the juvenile is held shall offer, at least weekly, to arrange educational services for a juvenile who previously refused educational services. The school district shall be required to provide educational services pursuant to this section upon acceptance by the juvenile.
(3) (a) Each school district in which a jail or other facility for the detention of
adult offenders is located shall designate a school district employee to act as the contact person for the jail or facility, which employee may be the child welfare education liaison designated pursuant to section 22-32-138 (2). The school district shall provide to the jail or facility the employee's name and contact information.
(b) Following a request for educational services pursuant to subsection (2) of
this section, the designated employee shall determine whether the juvenile was held in a juvenile detention facility prior to transfer to the jail or facility and, if so, shall contact the juvenile detention facility to request the transfer of any educational or other information the juvenile facility may have concerning the juvenile. The designated employee shall ensure that the juvenile receives educational services pursuant to this section so long as the juvenile is held in the jail or facility, unless the designated employee determines that the juvenile meets the conditions specified in paragraph (c) of subsection (2) of this section, or the school district is exempt as provided in paragraph (e) or (f) of subsection (2) of this section, or the juvenile refuses services as provided in paragraph (g) of subsection (2) of this section.
(4) (a) In any budget year in which a school district is providing educational
services to a juvenile pursuant to this section on the pupil enrollment count day of the budget year, the school district may include the juvenile in its pupil enrollment, as defined in section 22-54-103 (10), for purposes of determining the school district's total program funding under the Public School Finance Act of 2025, article 54 of this title 22.
(b) If the school district begins providing educational services pursuant to
this section after the pupil enrollment count day, the school district may seek reimbursement for the costs incurred pursuant to this section from the school district or charter school that included said juvenile in its pupil enrollment for the applicable budget year. Any amount received as reimbursement may not exceed the reimbursing school district's or charter school's per pupil revenue for the applicable budget year, prorated for the period of time that the receiving school district provides educational services pursuant to this section.
(c) If a juvenile who receives educational services pursuant to this section
was not included in the pupil enrollment for the state for a budget year in which a school district provides educational services for the juvenile, the school district may seek reimbursement from the department of education for the costs incurred pursuant to this section. Any amount received as reimbursement may not exceed the state average per pupil revenue for the applicable budget year, prorated for the period that the receiving school district provides educational services pursuant to this section. The department of education shall pay reimbursement pursuant to this paragraph (c) from moneys appropriated to the department for said purpose.
(d) (I) In addition to any money received pursuant to subsection (4)(a), (4)(b),
or (4)(c) of this section, a school district that provides educational services pursuant to this section shall receive from the department of education an amount equal to the daily rate established pursuant to section 22-54-129 for educational services provided by state programs, as defined in section 22-54-129, multiplied by the number of days, excluding Saturdays and Sundays, that the juvenile is held in a jail or facility, if the juvenile is receiving at least four hours of educational services per week.
(II) On or before the fifteenth day of each month in which a juvenile is held in
a jail or facility, the official in charge of the jail or facility in which a juvenile is held, or his or her designee, shall report to the department of education in a manner to be determined by the department, the actual number of juveniles who received educational services at the jail or facility during the prior calendar month to whom the school district provided educational services at the jail or facility. The department of education may accept amended monthly reports from the jail or facility prior to making the distribution of funding for the applicable month pursuant to subparagraph (III) of this paragraph (d).
(III) On or before the fifteenth day of the month following the month in which
a jail or facility reported the number of juveniles who received educational services at the jail or facility, the department of education shall pay the school district that provided the educational services the appropriate amount based on the daily rate established for state programs pursuant to section 22-54-129 and the number of juveniles who received educational services.
(IV) In each applicable budget year, the general assembly shall appropriate
to the department of education the amount required to reimburse school districts pursuant to this paragraph (d) for educational services provided pursuant to this section. In any year in which the amount appropriated is insufficient to fully reimburse school districts pursuant to this section, the department of education may prorate the payments made pursuant to this paragraph (d).
(V) Notwithstanding any provision of this paragraph (d) to the contrary, a
school district shall not receive reimbursement pursuant to this paragraph (d) for any period during which the school district was not providing educational services due to the circumstances described in any of paragraphs (c) to (g) of subsection (2) of this section. The official in charge of the jail or facility, or his or her designee, shall note any such period in the report submitted to the department of education pursuant to subparagraph (II) of this paragraph (d), and the department shall reduce the amount of reimbursement to the school district accordingly.
(e) In addition to any moneys received pursuant to paragraph (a), (b), (c), or
(d) of this subsection (4), a school district or administrative unit that provides special education services pursuant to this section to a juvenile who has an individualized education program pursuant to section 22-20-108 may seek excess costs tuition from the juvenile's administrative unit of residence as provided in section 22-20-109.
Source: L. 2010: Entire section added, (SB 10-054), ch. 265, p. 1208, � 1,
effective May 25. L. 2012: (4)(a) and (4)(b) amended and (1)(c) added, (HB 12-1090), ch. 44, p. 152, � 12, effective March 22. L. 2019: (2)(a) and (2)(e) amended, (SB 19-108), ch. 294, p. 2729, � 28, effective July 1. L. 2021: (1)(b)(I), (2)(a), and (2)(e) amended, (SB 21-059), ch. 136, p. 739, � 96, effective October 1. L. 2024: (4)(a) amended, (HB 24-1448), ch. 236, p. 1532, � 43, effective May 23; (4)(d)(I) and (4)(d)(III) amended, (SB 24-188), ch. 235, p. 1476, � 15, effective May 23.
Cross references: For the legislative declaration in SB 24-188, see section 1
of chapter 235, Session Laws of Colorado 2024.
C.R.S. § 22-32-146
22-32-146. School use of on-site peace officers as school resource officers. (1) If a school resource officer or other law enforcement officer acting in his or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event arrests a student of the school, the officer shall notify the principal of the school or his or her designee of the arrest within twenty-four hours after the arrest.
(2) If a school resource officer or other law enforcement officer acting in his
or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event issues a summons, ticket, or other notice requiring the appearance of a student of the school in court or at a police station for investigation relating to an offense allegedly committed on school grounds, in a school vehicle, or at a school activity or sanctioned event, the officer shall notify the principal of the school or his or her designee of the issuance of the summons, ticket, or other notice within ten days after the issuance of the summons, ticket, or other notice.
(3) A school resource officer shall be familiar with the provisions of the
conduct and discipline code of the school to which he or she is assigned.
(4) Commencing August 1, 2013, and continuing through August 1, 2014, each
law enforcement agency employing or contracting with any law enforcement officer who is acting or has acted in his or her official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice created in section 24-33.5-502, C.R.S., in aggregate form without personal identifying information, data about the cases handled by the agency on school grounds, in a school vehicle, or at a school activity or sanctioned event. Failure to submit a timely report to the division of criminal justice pursuant to this subsection (4) does not relieve a law enforcement agency of its responsibility to file the report required by this subsection (4). A law enforcement agency that has failed to file a timely report shall file all such reports with the division of criminal justice no later than August 15, 2015. Each such report must include, at a minimum, the following information:
(a) The number of students investigated by the officer for delinquent
offenses, including the number of students investigated for each type of delinquent offense for which the officer investigated at least one student;
(b) The number of students arrested by the officer, including the offense for
which each such arrest was made;
(c) The number of summonses or tickets issued by the officer to students;
and
(d) The age, gender, school, and race or ethnicity of each student whom the
officer arrested or to whom the officer issued a summons, ticket, or other notice requiring the appearance of the student in court or at a police station for investigation relating to an offense allegedly committed on school grounds, in a school vehicle, or at a school activity or sanctioned event.
(5) (a) On or before August 1, 2015, each law enforcement agency that is
acting or has acted in its official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice, in the formats developed by the division in conjunction with local law enforcement agencies, the information required pursuant to paragraph (c) of this subsection (5) that is related to all student tickets, summonses, or arrests that occurred during the 2014-15 academic year, excluding incidents that occurred during the summer of 2014, at a public elementary school, middle or junior high school, or high school; in a school vehicle; or at a school activity or sanctioned event.
(b) Notwithstanding the provisions of section 19-1-303 (5), C.R.S., on or
before August 1, 2016, and every August 1 thereafter, each law enforcement agency that is acting or has acted in its official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall report to the division of criminal justice, in formats developed by the division in conjunction with local law enforcement agencies, the information required pursuant to paragraph (c) of this subsection (5) that is related to all student tickets, summonses, or arrests that occurred for the previous academic year, including incidents that occurred during the previous summer months, at a public elementary school, middle or junior high school, or high school; in a school vehicle; or at a school activity or sanctioned event.
(c) For each report required pursuant to paragraph (a) or (b) of this
subsection (5), the law enforcement agency shall report:
(I) The student's full name;
(II) The student's date of birth;
(III) The student's race, ethnicity, and gender;
(IV) The name of the school where the incident occurred or the name of the
school that operated the vehicle or held the activity or event;
(V) The date of the arrest or taking of a student into custody;
(VI) The date of the issuance of the summons or ticket;
(VII) The arrest or incident report number as recorded by the law
enforcement agency;
(VIII) The single most serious offense for which a student is arrested, issued
a summons, or issued a ticket using the national crime information center (NCIC) crime code;
(IX) The type of weapon involved, if any, for offenses classified as group A
offenses under the national incident-based reporting system; and
(X) The law enforcement agency's originating reporting identifier.
(d) A law enforcement agency may report the information required pursuant
to this subsection (5) on a monthly, quarterly, or annual basis. The law enforcement agency shall inform the division of criminal justice of the reporting schedule it will follow.
Source: L. 2012: Entire section added, (HB 12-1345), ch. 188, p. 738, � 23,
effective May 19. L. 2015: IP(4) amended and (5) added, (HB 15-1273), ch. 323, p. 1320, � 3, effective June 5. L. 2016: (5)(b) amended, (HB 16-1098), ch. 103, p. 298, � 4, effective April 15.
C.R.S. § 22-32-150
22-32-150. Contracting for facial recognition service by schools prohibited - definition. (1) Except as described in subsection (2) of this section, a school district or a school or a charter school of a school district shall not execute a contract with any vendor for the purchase of, or for services related to, any facial recognition service.
(2) The prohibition described in subsection (1) of this section does not apply
to:
(a) A contract in effect on April 18, 2025;
(b) A contract for the purchase of, or for services related to, a generally
available consumer product, including a tablet or smartphone, that allows for the analysis of facial features in order to facilitate the user's ability to manage an address book or still or video images for personal or household use;
(c) A contract with a school service contract provider, as defined in section
22-16-103 (8), for the purchase of a product, device, or software application that allows for analysis of facial features for educational purposes in conjunction with curricula approved by the local school board of a school district, as defined in section 22-5-103 (4); or
(d) A contract with a school service contract provider, as defined in section
22-16-103 (8), for the purchase of a product, device, or software application that allows for the analysis of facial features under the following circumstances:
(I) A school official or law enforcement officer makes a determination that an
individual whose facial imaging has been obtained has made an articulable and significant threat against a school or the occupants of a school, and the use of facial recognition technology may assist in keeping the school and occupants safe;
(II) A student absconds from a school class, event, or program or is otherwise
reported as lost or missing by students, parents, teachers, or school officials, and there is a reasonable belief that using facial recognition technology may assist in finding the lost student based on data that could indicate the student's presence, location, or movements within or around school grounds; or
(III) An individual has been ordered by the court or by the school
administration to stay off school district property, and, based on threatening or harassing behavior, as determined by a school official or law enforcement officer, there is a reasonable belief that the individual may attempt to reenter district property in the future.
(2.5) (a) (I) If a school has a contract to use facial recognition services
pursuant to the exemption in subsection (2)(c) of this section, the school or contractor shall not process:
(A) A student's biometric identifier without first obtaining the student's
consent and the consent of the student's parent or legal guardian on the form described in subsection (2.5)(a)(II) of this section; except that, if the student is in fifth grade or below, only the consent of the student's parent or legal guardian is required;
(B) A staff member's biometric identifier without first obtaining the staff
member's consent on the form described in subsection (2.5)(a)(II) of this section; or
(C) Any other individual's biometric identifier without first obtaining the
individual's consent and the consent of the individual's parent or legal guardian if legally required on the form described in subsection (2.5)(a)(II) of this section.
(II) The consent form must:
(A) Be opt-in;
(B) Be stand-alone from other information and waivers;
(C) Include a notice that a biometric identifier is being collected, what the
biometric identifier will be used for, and who will be in control of the biometric identifier; and
(D) Include information about the retention schedule of the biometric
identifier.
(III) Consent may be obtained either at the beginning of each school year, to
cover use of all curriculum that collects a biometric identifier or biometric identifiers, or prior to use of the curriculum that collects a biometric identifier or biometric identifiers.
(b) (I) If a school has a contract to use facial recognition services pursuant to
the exemption in subsection (2)(d) of this section, the school shall provide notice to all students, parents and legal guardians, and staff, and shall post notices at the entrances to school grounds that individuals may be subject to use of facial recognition services on school grounds.
(II) If facial recognition services are being used for any of the circumstances
pursuant to subsection (2)(d) of this section, the facial recognition services must only be used to identify and locate the specific individual or individuals for the exempted circumstance and to identify and locate a specific individual or individuals whom there is reasonable belief were connected to the exempted circumstance.
(III) If facial recognition services are being used for any of the circumstances
pursuant to subsection (2)(d) of this section, the facial recognition services, once enabled, must not be used for any other purpose during that time frame and must be disabled immediately upon identification and determining the location of the individual or individuals in the exempted circumstance; except that, if the technology of the school contractor is not able to be enabled or disabled without decreasing the effectiveness of the technology, a school district that utilizes facial recognition technology through security cameras may maintain the system in an operational state at all times, but the system must not be used to actively or passively identify any individuals unless one or more of the circumstances described in subsection (2)(d) of this section is actively occurring.
(IV) In circumstances described in subsection (2)(d)(II) of this section, if the
student has been determined to no longer be on the school grounds, the facial recognition services must be disabled once the location of the student who exited the school grounds has been determined or the last known location of the student on school grounds has been determined.
(V) Each school district shall develop a policy governing the use of facial
recognition technology, including clear guidelines on access and oversight. The policy must designate specific authorized personnel, such as school administrators and law enforcement officials, who are permitted to process facial recognition data in response to an articulable and significant threat against the school. No other individuals have access to or are allowed to utilize the facial recognition data. Facial recognition searches may only be conducted through a formal request process, ensuring appropriate oversight and adherence to security protocols while maintaining the system's readiness for emergencies.
(c) A school or school contractor in possession of biometric identifiers shall
not retain each individual's biometric identifier for longer than eighteen months.
(d) Whenever an aggrieved party or counsel of an aggrieved party has cause
to believe that a school, employee of a school, or contractor of a school has engaged in or is engaging in a practice that violates this section, the aggrieved party may apply for, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure, prohibiting the school, an employee of the school, or a contractor of the school from continuing the practices or doing any act in furtherance of a violation of this section. The court may enter orders or judgments as necessary to prevent the use or employment of the prohibited practice, to restore any person injured to their original position, or to prevent any unjust enrichment by any person through the use or employment of any violation.
(3) As used in this section, facial recognition service has the meaning set
forth in section 24-18-301 (5).
(4) Repealed.
Source: L. 2022: Entire section added, (SB 22-113), ch. 463, p. 3293, � 5,
effective August 10. L. 2025: (2)(a) amended, (2)(c), (2)(d), and (2.5) added, and (4) repealed, (SB 25-143), ch. 86, p. 357, � 1, effective April 18.
C.R.S. § 22-32-153
22-32-153. School ventilation and energy efficiency verification and repair - applicability of section - ventilation verification assessment - filtration - HVAC assessment report - mechanical engineer review - adjustments, repairs, upgrades, and replacements - HVAC verification report - certified contractors - grants - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) ACCA means the Air Conditioning Contractors of America.
(b) ASHRAE means the American Society of Heating, Refrigerating and
Air-Conditioning Engineers.
(c) Certified contractor means a contractor on the certified contractor list.
(d) Certified contractor list means the certified contractor list created by
the department of labor and employment pursuant to section 40-3.2-105.6 (3)(a).
(e) Certified TAB technician means a technician certified to perform
testing, adjusting, and balancing of HVAC systems by:
(I) The Associated Air Balance Council;
(II) The National Environmental Balancing Bureau;
(III) The Testing, Adjusting and Balancing Bureau; or
(IV) A successor organization of an organization named in subsection (1)(e)(I),
(1)(e)(II), or (1)(e)(III) of this section.
(f) CO2 means carbon dioxide.
(g) Department means the department of education created in section 24-1-115.
(h) HVAC means heating, ventilation, and air conditioning.
(i) HVAC assessment report means an HVAC assessment report described
in subsection (4) of this section.
(j) International mechanical code means the 2021 international mechanical
code published by the International Code Council or the most recent version adopted by the office of the state architect created in section 24-30-1302.5.
(k) ISO/IEC 17024 personnel certification standard means the ISO/IEC
17024 personnel certification accreditation standard developed by the International Organization for Standardization and the International Electrotechnical Commission for the purpose of certifying personnel.
(l) Local education provider means:
(I) A local education provider, as defined in section 22-16-103 (4); and
(II) The Colorado school for the deaf and the blind described in section 22-80-102.
(m) Mechanical engineer means a professional engineer who is licensed
pursuant to part 2 of article 120 of title 12 and has professional experience with HVAC systems.
(n) MERV means minimum efficiency reporting value, as established by:
(I) ANSI/ASHRAE standard 52.2-2017, Method of Testing General
Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size;
(II) ANSI/ASHRAE standard 62.1-2022, Ventilation and Acceptable Indoor
Air Quality;
(III) ANSI/ASHRAE/ACCA standard 180-2018, Standard Practice for
Inspection and Maintenance of Commercial Building HVAC Systems; and
(IV) ASHRAE standard 241-2023, Control of Infectious Aerosols.
(o) NOx has the meaning set forth in section 25-7-1502 (8).
(p) Occupied areas means the classrooms, auditoriums, gymnasiums,
cafeterias, nurses' offices, restrooms, and offices of a school.
(q) Project labor agreement has the meaning set forth in 48 CFR 52.222-34.
(r) Qualified adjusting personnel means:
(I) A certified TAB technician; or
(II) A worker who is under the direct supervision of a certified TAB technician.
(s) Qualified personnel means qualified testing personnel, qualified
adjusting personnel, or other workforce that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.
(t) Qualified testing personnel means:
(I) A certified TAB technician; or
(II) An individual certified to perform ventilation assessments of HVAC
systems by the International Certification Board or through an equivalent certification program or body accredited under the ISO/IEC 17024 personnel certification standard.
(u) School means an educational facility operated by a local education
provider.
(v) TAB means testing, adjusting, and balancing of an HVAC system.
(2) Applicability of section. On and after August 6, 2025, if a local education
provider undertakes HVAC infrastructure improvements at a school using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall comply with the procedures set forth in this section in implementing the HVAC infrastructure improvements.
(3) Ventilation verification assessment. Qualified personnel shall perform
all of the following:
(a) Filtration. MERV 13 or better filtration must be installed in a school's
HVAC system where feasible. Qualified personnel shall:
(I) Review system capacity and airflow to determine the highest MERV
filtration that can be installed without adversely impacting equipment; and
(II) Replace or upgrade filters where needed and verify that filters are
installed correctly.
(b) Ventilation and exhaust. After assessing the filtration as described in
subsection (3)(a) of this section, qualified personnel shall assess the ventilation rates in the school's occupied areas to determine whether they meet the minimum ventilation rate requirements set forth in the international mechanical code. Assessment of the ventilation and exhaust must include all the following:
(I) Calculation of the estimated minimum outside air ventilation rates for
each occupied area based on the maximum anticipated occupancy and the minimum required ventilation rate per occupant. Calculations must be based on maximum anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.
(II) Measurement of outside air and verification that the system provides at
least the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;
(III) Verification of coil velocities and unit discharge air temperatures
required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;
(IV) Verification that separation between outdoor air intakes and exhaust
discharge outlets meets the requirements of the international mechanical code;
(V) Confirmation that the air handling unit is bringing in outdoor air and
removing exhaust air as intended by the system design; and
(VI) Measurement of all exhaust air volume for exhaust fans, such as
restroom exhaust fans, including documentation of any discrepancies from system design.
(c) Economizers. For HVAC systems with economizers, qualified personnel
shall test system economizer dampers and controls for proper operation. Economizer dampers and controls that are not properly functioning shall be repaired by a certified contractor or the certified contractor's qualified personnel. Qualified personnel shall record recommendations for additional maintenance, replacements, or upgrades in the HVAC assessment report.
(d) Demand control ventilation. (I) If demand control ventilation systems are
installed, qualified personnel shall verify their proper operation.
(II) Demand control ventilation systems that are not properly functioning
shall be repaired by a certified contractor or the certified contractor's qualified personnel.
(III) If a demand control ventilation system is recommended to be disabled or
is unable to provide recommended ventilation rates, the HVAC system must be configured to meet the minimum ventilation rate requirements without use of the demand control ventilation system and must be tested and adjusted to achieve at least the estimated minimum outside air ventilation rate, as described in subsection (3)(b)(I) of this section.
(e) Air distribution and building pressurization. (I) Qualified personnel shall:
(A) Perform survey readings of inlets and outlets to verify that all ventilation
is reaching the served zones and that there is adequate air distribution;
(B) Verify that inlets and outlets are balanced within tolerance of the system
design; and
(C) Document read values and deficiencies. If the original system design
values are not available, qualified personnel shall document available information and note the unavailability of system design values in the HVAC assessment report.
(II) Qualified personnel shall verify building and space pressure to ensure
that:
(A) The pressure differential is within tolerance of design, if known; and
(B) The school building is not over pressurized.
(f) General maintenance. Qualified personnel shall verify coil condition,
condensate drainage, cooling coil air temperature differential (entering and leaving dry bulb), heat exchanger air temperature differential (entering and leaving dry bulb), and drive assembly condition.
(g) Operational controls. Qualified personnel shall review control sequences
to verify that systems will maintain intended ventilation, temperature, and humidity conditions during school operation.
(4) HVAC assessment report. Qualified personnel shall prepare an HVAC
assessment report for review by a mechanical engineer. The HVAC assessment report must include all of the following information:
(a) The name and address of the school and the certified contractor
completing the work, including the name of the qualified personnel preparing the assessment report and the name of the mechanical engineer certifying the assessment report;
(b) A description of assessment, maintenance, adjustment, and repair
activities and outcomes;
(c) Documentation of HVAC equipment model numbers, serial numbers, the
general condition of units, and any additional information that could be used to assess replacement and repair options given the potential for increased energy efficiency benefits;
(d) Verification that either:
(I) MERV 13 filters have been installed; or
(II) The maximum MERV-rated filter that the system is able to effectively
handle has been installed, including an indication of the MERV rating of that filter;
(e) Verification that all requirements described in this subsection (4) have
been satisfied;
(f) The verified ventilation rates for occupied areas and whether those rates
meet the estimated requirements set forth in the international mechanical code;
(g) The verified exhaust rates for occupied areas and whether those rates
meet the requirements of the system's design; and
(h) Documentation of system deficiencies and recommendations for
additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.
(5) Mechanical engineer review. A mechanical engineer shall:
(a) Review the HVAC assessment report;
(b) Verify or adjust the estimated minimum outside air ventilation rates;
(c) Determine what, if any, additional adjustments, repairs, upgrades, or
replacements are necessary to meet the minimum ventilation and filtration requirements of the international mechanical code;
(d) Recommend a pathway for reducing NOx emissions and greenhouse gas
emissions; and
(e) Provide a cost estimate for all recommended work.
(6) Adjustments, repairs, upgrades, and replacements. All HVAC repairs,
upgrades, and replacements shall be performed by a certified contractor or the certified contractor's qualified personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.
(7) HVAC verification report. (a) A certified contractor or a member of the
certified contractor's qualified personnel shall prepare an HVAC verification report within ten business days after completion of all work described in subsections (3) to (6) of this section.
(b) The HVAC verification report must include all of the following
information:
(I) The name and address of the school and the person preparing and
certifying the report;
(II) A description of assessment, maintenance, adjustment, repair, upgrade,
and replacement activities and outcomes;
(III) Verification that the certified contractor or the certified contractor's
qualified personnel has complied with all requirements of this section;
(IV) Verification that either:
(A) MERV 13 filters have been installed; or
(B) The maximum MERV-rated filter that the system is able to effectively
handle has been installed, including an indication of the MERV rating of that filter;
(V) The verified ventilation rates for occupied areas and whether those rates
meet the requirements set forth in the international mechanical code. If ventilation rates do not meet applicable guidance, then the HVAC verification report must include an explanation of why the current system is unable to meet those rates.
(VI) The verified exhaust rates for occupied areas and whether those rates
meet the requirements set forth in the system's design;
(VII) Documentation of repairs, upgrades, or replacements performed in
response to:
(A) The HVAC assessment report; and
(B) The mechanical engineer's recommendations made pursuant to
subsection (5) of this section;
(VIII) Documentation of recommendations for additional maintenance,
repairs, replacements, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;
(IX) Documentation of the mechanical engineer's recommended pathway for
reducing NOx emissions and greenhouse gas emissions;
(X) Documentation of initial operating verifications, adjustments, and final
operating verifications and documentation of any adjustments or repairs performed; and
(XI) Verification that all work has been performed by a certified contractor or
the certified contractor's qualified personnel, including the contractor's name, the names of the qualified personnel, the certification numbers of any qualified personnel, and verification that all construction work has been performed by a certified contractor or the certified contractor's qualified personnel.
(c) A local education provider shall maintain a copy of the HVAC verification
report for at least five years and make it available to the public upon request.
(8) Certified contractors (a) If a local education provider undertakes HVAC
infrastructure improvements as described in this section using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall:
(I) Obtain and make use of the certified contractor list to assist in contractor
selection and ensure compliance with federal funding requirements; and
(II) Employ only certified contractors or contractors that use prevailing
wages and apprentices registered with the federal department of labor or the state apprenticeship agency created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.
(b) The department shall publish the certified contractor list on its website
and include or reference the list in all of the relevant marketing material for school infrastructure improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.
(c) The requirement described in subsection (8)(a) of this section does not
apply to mechanical, plumbing, and electrical work that is performed pursuant to a project labor agreement that allows a contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.
(d) (I) Upon evaluation of bids submitted for an HVAC infrastructure
improvement contract, the local education provider may waive the requirements of this subsection (8) if the local education provider determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract.
(II) A local education provider that undertakes HVAC infrastructure
improvements subject to the requirements of this subsection (8) shall make public all waivers and the specific rationale for granting a waiver. The local education provider shall post notice of a waiver and a justification for the waiver on its website.
Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2262, � 2,
effective August 6.
Cross references: For the legislative declaration in HB 25-1245, see section 1
of chapter 400, Session Laws of Colorado 2025.
ARTICLE 32.5
Innovation Schools and Innovation School Zones
Within School Districts
22-32.5-101. Short title. This article shall be known and may be cited as the
Innovation Schools Act of 2008.
Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28.
22-32.5-102. Legislative declaration. (1) The general assembly hereby finds
that:
(a) The constitutional provisions regarding the public education system
direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;
(b) The constitution's requirement that each school district board of
education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;
(c) In tailoring the delivery of educational services, it is also important that
the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;
(d) To further the goals of high-quality public education throughout the
state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and
(e) While the ultimate responsibility for controlling the instruction in public
schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.
(2) The general assembly therefore finds that it is in the best interests of the
people of Colorado to enact the Innovation Schools Act of 2008 to achieve the following purposes:
(a) To grant to Colorado's school districts and public schools greater ability
to meet the educational needs of a diverse and constantly changing student population;
(b) To encourage intentionally diverse approaches to learning and education
within individual school districts;
(c) To improve educational performance through greater individual school
autonomy and managerial flexibility;
(d) To encourage school districts, where appropriate, to create and manage a
portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;
(e) To encourage innovation in education by providing local school
communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;
(f) To encourage school districts and public schools to find new ways to
allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and
(g) To hold public schools that receive greater autonomy under this article
accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.
(3) The general assembly further declares that:
(a) Since the Innovation Schools Act of 2008 was passed, innovations have
been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;
(b) The cornerstone of innovation work is empowering educators and families
to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;
(c) The Innovation Schools Act of 2008 identifies areas of innovation that
schools are encouraged to explore, including innovations in governance;
(d) Local school boards and innovation school zones have implemented
alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;
(e) Innovation schools were designed as an opportunity for schools that
operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;
(f) If disputes arise between an innovation school zone as a whole, or a
school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and
(g) The dispute resolution process described in this article 32.5 is modeled
from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.
Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28. L. 2022:
(3) added, (SB 22-197), ch. 307, p. 2213, � 1, effective August 10.
22-32.5-103. Definitions. As used in this article 32.5, unless the context
otherwise requires:
(1) Commissioner means the commissioner of education appointed by the
state board of education pursuant to section 22-2-110.
(1.5) Community school means a public school that implements the
following:
(a) An annual asset and needs assessment of and by both the school and the
community that engages at least seventy-five percent of families, students, and educators in the community;
(b) A strategic plan that includes the creation of problem-solving teams who
are dedicated to continuous school improvement and define how educators and community partners use all available assets to meet specific student needs and achieve better results and utilize key tools and lessons from improvement science in the continuous improvement process;
(c) A process to engage partners who bring assets and expertise to
implement the school's goals; and
(d) A community school coordinator who is a school staff member at the
community school site and who:
(I) Has the primary responsibility to facilitate the problem-solving teams
implemented pursuant to subsection (1.5)(b) of this section; and
(II) In consultation with school leadership, shall assemble relevant
stakeholders to solve problems identified by the assessment performed pursuant to subsection (1.5)(a) of this section.
(1.7) Department means the department of education created in section
24-1-115.
(2) District of innovation means a school district that is designated as a
district of innovation pursuant to section 22-32.5-107.
(3) Innovation school means a school in which a local school board
implements an innovation plan pursuant to section 22-32.5-104.
(4) Innovation school zone means a group of schools of a school district
that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a local school board implements a plan for creating an innovation school zone pursuant to section 22-32.5-104.
(4.5) Innovation school zone with alternative governance means an
innovation school zone that either operates as an innovation school zone with alternative governance on or before August 10, 2022, or submits to its local school board an innovation plan, which the local school board approves, that authorizes alternative governance and delegates management activities to another organization pursuant to section 22-32.5-104 (5), including but not limited to a nonprofit organization. An organization does not include a for-profit organization.
(5) Local school board means the board of education of a school district.
(5.5) Neutral third party means a trained individual who assists disputants
in reaching a mutually acceptable resolution of their disputes by identifying and evaluating alternatives, and is on an approved list by the office of dispute resolution established in section 13-22-303 or the American arbitration association, or its successor.
(6) State board means the state board of education created pursuant to
section 1 of article IX of the state constitution.
Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2019:
IP amended and (1.5) added, (SB 19-102), ch. 82, p. 293, � 1, effective August 2. L. 2022: (1.7), (4.5), and (5.5) added, (SB 22-197), ch. 307, p. 2214, � 2, effective August 10.
22-32.5-104. Innovation plans - submission - contents. (1) (a) A public
school of a school district may submit to its local school board an innovation plan as described in subsection (3) of this section. A group of public schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to their local school board a plan to create an innovation school zone as described in subsection (4) of this section.
(b) A local school board shall receive and review each innovation plan or plan
for creating an innovation school zone submitted pursuant to paragraph (a) of this subsection (1). The local school board shall either approve or disapprove the innovation plan or plan for creating an innovation school zone within sixty days after receiving the plan.
(c) If the local school board rejects the plan, it shall provide to the public
school or group of public schools that submitted the plan a written explanation of the basis for its decision. A public school or group of public schools may resubmit an amended innovation plan or amended plan for creating an innovation school zone at any time after denial.
(d) If the local school board approves the plan, it may proceed to seek
designation of the school district as a district of innovation pursuant to section 22-32.5-107.
(2) A local school board may initiate and collaborate with one or more public
schools of the school district to create one or more innovation plans, as described in subsection (3) of this section, or one or more plans to create innovation school zones, as described in subsection (4) of this section. In creating an innovation plan or a plan to create an innovation school zone, the local school board shall ensure that each public school that would be affected by the plan has opportunity to participate in creation of the plan. A local school board may approve or create a plan to create an innovation school zone that includes all of the public schools of the school district. If the local school board creates an innovation plan or a plan for creating an innovation school zone, the local school board may seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.
(3) Each innovation plan, whether submitted by a public school or created by
a local school board through collaboration between the local school board and a public school, must include the following information:
(a) A statement of the public school's mission and why designation as an
innovation school would enhance the school's ability to achieve its mission;
(b) A description of the innovations the public school would implement,
which may include, but need not be limited to, innovations in school staffing; curriculum and assessment; class scheduling; use of financial and other resources; faculty recruitment, employment, evaluation, and compensation; whether the school will operate as a community school; and implementation of transformational school strategies such as shared leadership, culturally relevant curriculum, student and family supports, positive discipline practices, and family and community engagement;
(c) A listing of the programs, policies, or operational documents within the
public school that would be affected by the public school's identified innovations and the manner in which they would be affected. The programs, policies, or operational documents may include, but need not be limited to:
(I) The research-based educational program the public school would
implement;
(II) The length of school day and school year at the public school;
(III) The student promotion and graduation policies to be implemented at the
public school;
(IV) The public school's assessment plan;
(V) The proposed budget for the public school; and
(VI) The proposed staffing plan for the public school.
(d) An identification of the improvements in academic performance that the
public school expects to achieve in implementing the innovations;
(e) An estimate of the cost savings and increased efficiencies, if any, the
public school expects to achieve in implementing its identified innovations;
(f) Evidence that a majority of the administrators employed at the public
school, a majority of the teachers employed at the public school, and a majority of the school accountability committee for the public school consent to designation as an innovation school;
(g) A statement of the level of support for designation as an innovation
school demonstrated by the other persons employed at the public school, the students and parents of students enrolled in the public school, and the community surrounding the public school;
(h) A description of any statutory sections included in this title or any
regulatory or district policy requirements that would need to be waived for the public school to implement its identified innovations;
(i) A description of any provision of the collective bargaining agreement in
effect for the personnel at the public school that would need to be waived for the public school to implement its identified innovations; and
(j) Any additional information required by the local school board of the
school district in which the innovation plan would be implemented.
(4) Each plan for creating an innovation school zone, whether submitted by a
group of public schools or created by a local school board through collaboration with a group of public schools, shall include the information specified in subsection (3) of this section for each public school that would be included in the innovation school zone. A plan for creating an innovation school zone shall also include the following additional information:
(a) A description of how innovations in the public schools in the school
innovation zone would be integrated to achieve results that would be less likely to be accomplished by each public school working alone;
(b) An estimate of any economies of scale that would be achieved by
innovations implemented jointly by the public schools within the innovation school zone;
(c) Evidence that a majority of the administrators and a majority of the
teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and
(d) A statement of the level of support for creating an innovation school zone
demonstrated by the other persons employed at each public school that would be included in the zone, the students and parents of students enrolled in each public school that would be included in the zone, and the community in which the local school board would approve the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of public schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the public schools in the zone.
(5) A group of schools that submits a plan to create an innovation school
zone as provided in this section and seeks to have management activities delegated by the local board to an organization that forms a partnership with the local school board must, in addition to the provisions specified in subsection (4) of this section, include the following information in the innovation plan:
(a) An explanation of how alternative governance will help achieve the vision
and goals of the group of schools in a school district;
(b) A description of the organization and the organization's governing board
and governance structure;
(c) A description of the roles and duties of the organization's governing
board, which duties must include, at a minimum, overseeing the implementation of the innovation plan and supporting academic progress;
(d) A description of the zone staffing structure and management the
organization would provide;
(e) A description of how funds will be used to achieve the mission and
academic performance of the innovation plan;
(f) A description of where an easily accessible link to the federal form 990,
990-EZ, or 990-PF, as required by section 22-44-304, or other relevant financial information if the organization does not receive a federal form 990, is located on the zone website;
(g) A description of the terms under and process by which a school within an
innovation school zone may elect to leave the innovation school zone; and
(h) A description of the method the school district will use for determining
the cost of services and a corresponding financial agreement with the innovation school zone.
Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2009:
(3)(f) and (4)(c) amended, (SB 09-163), ch. 293, p. 1542, � 44, effective May 21; (3)(f) and (4)(c) amended, (SB 09-090), ch. 291, p. 1444, � 17, effective August 5. L. 2018: IP(3) and (3)(b) amended, (HB 18-1355), ch. 324, p. 1954, � 18, effective May 30. L. 2019: (3)(b) amended, (SB 19-102), ch. 82, p. 294, � 2, effective August 2. L. 2022: (5) added, (SB 22-197), ch. 307, p. 2214, � 3, effective August 10.
22-32.5-105. Suggested innovations. (1) In considering or creating an
innovation plan or a plan for creating an innovation school zone, each local school board is strongly encouraged to consider innovations in the following areas:
(a) Curriculum and academic standards and assessments;
(b) Accountability measures, including but not limited to expanding the use
of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted by an innovation school or an innovation school zone may include, but need not be limited to:
(I) Use of graduation or exit examinations;
(II) Use of end-of-course examinations;
(III) Use of student portfolio reviews;
(IV) Use of national and international accountability measures such as the
national assessment of educational progress and the program for international student assessment;
(V) Measuring the percentage of students continuing into higher education;
and
(VI) Measuring the percentage of students simultaneously obtaining a high
school diploma and an associate's degree or a career and technical education certificate.
(c) Provision of services, including but not limited to special education
services; services for gifted and talented students; services for English language learners; educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the state department of human services or county departments or agencies of human or social services;
(d) Teacher recruitment, training, preparation, and professional
development;
(e) Teacher employment;
(f) Performance expectations and evaluation procedures for teachers and
principals;
(g) Compensation for teachers, principals, and other school building
personnel, including but not limited to performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;
(h) School governance and the roles, responsibilities, and expectations of
principals in innovation schools or schools within an innovation school zone; and
(i) Preparation and counseling of students for transition to higher education
or the work force.
Source: L. 2008: Entire article added, p. 1425, � 1, effective May 28. L. 2010:
(1)(c) amended, (SB 10-062), ch. 168, p. 595, � 12, effective April 29. L. 2014: (1)(c) amended, (HB 14-1298), ch. 244, p. 937, � 22, effective May 21. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 438, � 92, effective August 8.
Cross references: For the legislative declaration in SB 18-092, see section 1
of chapter 38, Session Laws of Colorado 2018.
22-32.5-106. Innovation planning - financial support. Each public school
and each local school board is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation plans and plans for creating innovation school zones.
Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28.
22-32.5-107. District of innovation - designation. (1) Each local school
board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.
(2) A local school board that seeks designation as a district of innovation
shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.
(3) (a) Within sixty days after receiving a local school board's innovation plan
or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:
(I) Is likely to enhance educational opportunity, standards, and quality within
the innovation schools or innovation school zones; and
(II) Is fiscally feasible.
(b) If the state board does not designate a school district as a district of
innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.
(4) It is the intent of the general assembly that the department of education
receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.
Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28. L. 2017:
(3)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 1, effective August 9.
22-32.5-108. District of innovation - waiver of statutory and regulatory
requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:
(a) Any statutes specified in section 22-2-117 (1)(b);
(b) Any provision of article 64 of this title; or
(c) Any statutes that are not included in this title, including but not limited to
article 51 of title 24, C.R.S.
(2) Each district of innovation continues to be subject to all statutes and
rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:
(a) The state assessment requirements specified in section 22-7-1006.3;
(b) Article 11 of this title; and
(c) The requirements of the federal No Child Left Behind Act of 2001, 20
U.S.C. sec. 6301 et seq.
(3) Designation as a district of innovation must not affect a school district's:
(a) Total program funding calculated pursuant to the Public School Finance
Act of 2025, article 54 of this title 22; or
(b) Eligibility for funding under, or the amount received through, a
categorical program, as defined in section 22-55-102 (4).
(4) Each district of innovation that receives a waiver pursuant to this section
shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.
(5) (a) If the local school board for a district of innovation revises an
innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.
(b) Except as otherwise provided in paragraph (a) of this subsection (5), a
waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.
Source: L. 2008: Entire article added, p. 1427, � 1, effective May 28. L. 2009:
(2)(b) amended, (SB 09-163), ch. 293, p. 1543, � 45, effective May 21. L. 2015: IP(2) and (2)(a) amended, (HB 15-1323), ch. 204, p. 725, � 35, effective May 20. L. 2017: (5)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 2, effective August 9. L. 2024: IP(3) and (3)(a) amended, (HB 24-1448), ch. 236, p. 1533, � 44, effective May 23.
22-32.5-109. District of innovation - collective bargaining agreements. (1)
(a) On and after the date on which the state board designates a school district as a district of innovation, any collective bargaining agreement initially entered into or renewed by the local school board of the district of innovation shall include a term that allows each innovation school and each innovation school zone in the school district to waive any provisions of the collective bargaining agreement identified in the innovation plan as needing to be waived for the innovation school or the innovation school zone to implement its identified innovations.
(b) For an innovation school, waiver of one or more of the provisions of the
collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent of the members of the collective bargaining unit who are employed at the innovation school.
(c) For an innovation school zone, waiver of one or more of the provisions of
the collective bargaining agreement shall be based on obtaining, at each school included in the innovation school zone, the approval of at least sixty percent of the members of the collective bargaining unit who are employed at the school. The innovation school zone shall seek to obtain approval of the waivers through a secret ballot vote of the members of the collective bargaining unit at each school included in the innovation school zone. The local school board for the innovation school zone may choose to revise the plan for creating an innovation school zone to remove from the zone any school in which at least sixty percent of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.
(d) If a local school board, in collaboration with the innovation school or the
public schools included in the innovation school zone, revises the innovation plan as provided in section 22-32.5-110 and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the innovation plan, the local school board shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised innovation plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs (b) and (c) of this subsection (1) for the initial approval of waivers of provisions of the collective bargaining agreement.
(e) Except as otherwise provided in paragraph (d) of this subsection (1),
waiver of identified provisions of a collective bargaining agreement for an innovation school or the public schools within an innovation school zone pursuant to this subsection (1) shall continue so long as the innovation school remains an innovation school or a public school remains a part of the innovation school zone. A waiver approved pursuant to this subsection (1) shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the district of innovation.
(2) A district of innovation shall not be required to seek a waiver by an
innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.
(3) A person who is a member of the collective bargaining unit and is
employed by an innovation school or by a school included in an innovation school zone may request a transfer to another public school of the district of innovation. The local school board shall make every reasonable effort to accommodate the
C.R.S. § 22-35-104
22-35-104. Enrollment in an institution of higher education - cooperative agreement. (1) (a) (I) Beginning in the 2020-21 school year and in each school year thereafter, each local education provider that enrolls students in grades nine through twelve shall provide qualified students the opportunity to concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, as provided in this article 35. The local education provider may determine the manner in which concurrent enrollment opportunities are provided.
(II) A qualified student enrolled in a high school of a school district who
applies to and receives approval from the superintendent of the school district or the superintendent's designee, or a qualified student enrolled in a district charter school, an institute charter school, or a high school of a BOCES who applies to and receives approval from the chief administrator of the district charter school, an institute charter school, or a high school of a BOCES, pursuant to subsection (2) of this section may register with and concurrently enroll in an institution of higher education in accordance with the provisions of this article 35. A superintendent, the superintendent's designee, or the chief administrator of a school shall not unreasonably deny a qualified student approval to concurrently enroll in postsecondary courses pursuant to this article 35. A local education provider may expand its ability to provide access to concurrent enrollment opportunities as provided in section 23-1-109 (6).
(III) [Editor's note: This version of subsection (1)(a)(III) is effective until July 1,
2026.] Except as described in subsections (1)(c) and (1)(d) of this section and sections 22-35-108 and 22-35-109, a local education provider shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade, except to the degree that the local education provider is unable to provide access to the postsecondary courses due to technological capacity.
(III) [Editor's note: This version of subsection (1)(a)(III) is effective July 1,
2026.] Except as described in subsections (1)(c) and (1)(d) of this section and section 22-35-109, a local education provider shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, that may include coursework related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade, except to the degree that the local education provider is unable to provide access to the postsecondary courses due to technological capacity.
(b) (I) Each local education provider shall annually notify all students and
parents or legal guardians of students enrolled in the local education provider of the opportunity for concurrent enrollment by qualified students in postsecondary courses, including academic courses and career and technical education courses, including course work related to apprenticeship programs and internship programs. The notice provided pursuant to this subsection (1)(b)(I) must include the local education provider's timelines affecting student eligibility for concurrent enrollment courses and a statement informing students that they may significantly reduce their college expenses, increase the likelihood that they will complete college, and earn marketable workforce skills by taking concurrent enrollment courses. In providing notice of concurrent enrollment opportunities, a local education provider and an institution of higher education shall not refer to enrollment in a program or course as concurrent enrollment if the program or course does not meet the definition of concurrent enrollment or if the conditions of enrollment do not meet the requirements specified in this section.
(II) At least six weeks prior to the beginning of the enrollment period for
postsecondary concurrent enrollment courses, the local education provider shall provide to each student and the parent or legal guardian of the student written notice, which notice may be sent electronically, of all postsecondary courses offered for concurrent enrollment at no tuition cost to the qualified student or the qualified student's parent or legal guardian at the local education provider's facility, options for enrolling in concurrent enrollment courses at no tuition cost to the qualified student or the qualified student's parent or legal guardian at an institution of higher education's facility, any anticipated cost to the qualified student for fees or books for those courses, and the number and transferability of course credits that a qualified student may earn by enrolling in the concurrent enrollment courses.
(III) At the time of enrollment, each local education provider shall notify the
qualified student and the qualified student's parent or legal guardian of the number and transferability of the postsecondary credits the qualified student may earn by completing the concurrent enrollment course, including whether the credits apply toward completion of developmental education courses, whether the credits apply to one or more approved postsecondary career and technical education programs, whether the credits are approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, whether the credits are approved for statewide transfer pursuant to section 23-1-125, and whether the credits are part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a).
(IV) The notice described in subsection (1)(b)(III) of this section must include
information about other postsecondary courses available to the qualified student through concurrent enrollment at no cost to the qualified student that are credit-bearing and applicable toward earning a degree or certificate at the institution of higher education offering the course or at another institution of higher education if the course is approved for statewide transfer pursuant to section 23-1-125.
(V) The institution of higher education that offers a postsecondary course
through concurrent enrollment shall inform the local education provider as to the number and transferability of the course credits and any anticipated costs for fees or books for the course.
(b.5) In addition to the notice requirements specified in subsection (1)(b) of
this section, beginning in the 2021-22 school year, each local education provider shall collaborate with the community college system in providing concurrent enrollment information as described in section 23-60-202.7 (4) to the parents of students enrolled in grades six through eight.
(c) Notwithstanding the provisions of subsection (1)(a) of this section,
beginning with the 2022-23 school year and for school years thereafter, a qualified student may concurrently enroll in a developmental education course only if the student is included within the enrolling institution's developmental education enrollment limitation specified in section 23-1-113.3 (1)(a)(I). A qualified student may enroll in gateway courses in English or mathematics, as defined in section 23-1-113 (11)(b.5), with additional supports, if needed, through supplemental academic instruction, as defined in section 23-1-113 (11)(e).
(d) [Editor's note: This version of the introductory portion to subsection (1)(d)
is effective until July 1, 2026.] Notwithstanding the provisions of subsection (1)(a) of this section, if a qualified student is not a participant in the ASCENT or TREP program and has not satisfied the minimum requirements for graduation established by his or her local education provider by the end of his or her twelfth-grade year and is therefore retained by the local education provider for additional instruction, the qualified student shall not concurrently enroll in postsecondary courses, including academic or career and technical education courses, which may include course work related to apprenticeship programs or internship programs, that are worth more than a total of nine credit hours, including gateway courses, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e). Furthermore, the qualified student shall not concurrently enroll in more than:
(d) [Editor's note: This version of the introductory portion to subsection (1)(d)
is effective July 1, 2026.] Notwithstanding the provisions of subsection (1)(a) of this section, if a qualified student is not a participant in the TREP program and has not satisfied the minimum requirements for graduation established by the qualified student's local education provider by the end of their twelfth-grade year and is therefore retained by the local education provider for additional instruction, the qualified student must not concurrently enroll in postsecondary courses, including academic or career and technical education courses, that may include coursework related to apprenticeship programs or internship programs, that are worth more than a total of nine credit hours, including gateway courses, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e). Furthermore, the qualified student must not concurrently enroll in more than:
(I) Six credit hours of postsecondary courses, including academic courses
and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in any academic semester if the student is registered as a full-time pupil in his or her local education provider; or
(II) Three credit hours of postsecondary courses, including academic courses
and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in any academic semester if the student is registered as a part-time pupil in his or her local education provider.
(e) [Editor's note: This version of subsection (1)(e) is effective until July 1,
2026.] Except as described in paragraphs (c) and (d) of this subsection (1) and sections 22-35-108 and 22-35-109, the state board by rule shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade.
(e) [Editor's note: This version of subsection (1)(e) is effective July 1, 2026.]
Except as described in subsections (1)(c) and (1)(d) of this section and section 22-35-109, a local education provider shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, that may include coursework related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade, except to the degree that the local education provider is unable to provide access to the postsecondary courses due to technological capacity.Except as described in subsections (1)(c) and (1)(d) of this section and section 22-35-109, the state board by rule shall not limit the number of postsecondary courses, including academic courses and career and technical education courses, that may include coursework related to apprenticeship programs or internship programs, in which a qualified student may concurrently enroll during the ninth, tenth, eleventh, or twelfth grade.
(2) (a) (I) A qualified student enrolled in a high school of a school district who
seeks to concurrently enroll in an institution of higher education shall apply to the superintendent of the student's school district, or the superintendent's designee, for approval of concurrent enrollment not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment; except that a superintendent or superintendent's designee may waive the time limitation at his or her discretion.
(II) A qualified student enrolled in a district charter school, an institute
charter school, or a high school of a BOCES who seeks to concurrently enroll in an institution of higher education shall apply to the chief administrator of the district charter school, institute charter school, or high school of a BOCES for approval of concurrent enrollment no later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment; except that the chief administrator may waive the time limitation at his or her discretion.
(III) In applying for concurrent enrollment approval, a qualified student shall
use the standard application form created and made publicly available by his or her local education provider pursuant to paragraph (c) of this subsection (2).
(b) If a superintendent of a school district, the superintendent's designee, or
a chief administrator of a district charter school, institute charter school, or high school of a BOCES receives a timely application from a qualified student pursuant to subsection (2)(a) of this section, the superintendent, superintendent's designee, or chief administrator of a district charter school, institute charter school, or high school of a BOCES shall approve or disapprove the application and notify the student of the decision. In considering applications, the superintendent, designee, or chief administrator shall give priority consideration to qualified students who, by the time they would concurrently enroll, will have completed the high school graduation requirements and are applying for concurrent enrollment to begin earning credits toward a postsecondary degree or certificate.
(c) On or before July 1, 2011, and thereafter, each local education provider
that has entered into a cooperative agreement shall create and make publicly available a standard concurrent enrollment application form for use by a qualified student pursuant to this subsection (2). In creating the application form, the local education provider shall refer to the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1)(a). The application form shall require, at a minimum, a qualified student to specify the courses in which he or she seeks to concurrently enroll.
(3) A qualified student who seeks to concurrently enroll in an institution of
higher education shall establish, in consultation with the administration of the qualified student's local education provider, an academic plan of study that describes all of the courses that the qualified student intends to complete to satisfy the qualified student's remaining requirements for graduation from the local education provider, or for a qualified student who receives transition services, an academic plan of study that describes all of the courses that the qualified student intends to complete to satisfy the qualified student's remaining postsecondary goals outlined in the qualified student's individualized education program. Prior to the qualified student's concurrent enrollment in the institution of higher education, the principal, a counselor, or a teacher advisor of the qualified student's local education provider shall approve the academic plan of study. In approving an academic plan of study, a principal, counselor, or teacher advisor shall apply the guidelines established by rules promulgated by the state board pursuant to section 22-35-111 (1)(b).
(4) (a) A qualified student who intends to concurrently enroll in a
postsecondary course, including an academic course or a career and technical education course, at an institution of higher education shall satisfy the minimum prerequisites for the course prior to his or her enrollment in the course.
(b) If a qualified student who has applied for concurrent enrollment in a
postsecondary course, including an academic course or a career and technical education course, has not satisfied the minimum prerequisites for the course, he or she may concurrently enroll in a gateway course, as defined in section 23-1-113 (11)(b.5), with additional supports through supplemental academic instruction, as defined in section 23-1-113 (11)(e).
(c) An institution of higher education that refuses to allow a qualified
student to concurrently enroll in a course for which the student has not satisfied the minimum prerequisites may allow the student to concurrently enroll in another course for which the student appears to be prepared.
(5) (a) A course, including coursework related to an apprenticeship program
or internship program that a qualified student successfully completes through concurrent enrollment at an institution of higher education counts for credit toward the qualified student's high school graduation requirements at the qualified student's local education provider; except that a qualified student who receives transition services and who successfully completes a course must earn credit toward the postsecondary goals identified in the qualified student's individualized education program.
(b) Upon a qualified student's successful completion of a concurrent
enrollment course, the qualified student must receive credit that applies to the completion of high school graduation requirements, or a qualified student who receives transition services must earn credit that is applied to the postsecondary goals identified in the qualified student's individualized education plan. Upon completion of the concurrent enrollment course, the qualified student must earn postsecondary credit as described in subsection (6)(b)(II) of this section that applies toward completion of developmental courses or toward earning a certificate or degree through an approved postsecondary career and technical education program, is approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, or is approved as part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a).
(6) (a) A local education provider that seeks to allow students to
concurrently enroll in postsecondary courses, including academic courses and career and technical education courses, which may include course work related to apprenticeship programs and internship programs, at an institution of higher education shall enter into a cooperative agreement with the institution of higher education.
(b) A cooperative agreement must include, but need not be limited to:
(I) The amount and transferability of academic credit to be granted for
course work successfully completed by a qualified student concurrently enrolled in the institution of higher education;
(II) A requirement that course work completed by a qualified student through
concurrent enrollment at the institution of higher education qualify as a gateway course, as defined in section 23-1-113 (11)(b.5), with academic instruction credit or academic credit that applies toward completion of developmental education courses, toward earning a certificate or degree awarded through an approved postsecondary career and technical education program, is approved by the department of higher education for transfer from a two-year institution to a four-year institution in satisfaction of prerequisite courses for a specific major, is approved for statewide transfer pursuant to section 23-1-125, or is part of a statewide degree transfer agreement pursuant to section 23-1-108 (7)(a);
(III) A requirement that the local education provider pay the tuition for each
course completed by a qualified student through concurrent enrollment at the institution of higher education in an amount that shall be negotiated by the local education provider and the institution pursuant to the provisions of section 22-35-105 (3);
(IV) A requirement that the local education provider and the institution of
higher education establish an academic program of study for each qualified student who concurrently enrolls in the institution, which academic program of study shall include the academic plan of study established pursuant to subsection (3) of this section and a plan by which the local education provider shall make available to the student ongoing counseling and career planning;
(IV.5) Provisions pursuant to which the local education provider and the
institution of higher education may share student contact and academic information to facilitate the qualified student's concurrent enrollment and the recording of the qualified student's academic performance in the concurrent enrollment course;
(V) A confirmation by the local education provider of the qualified student's
uniquely identifying student number, which shall be retained by the institution of higher education for the purposes described in section 23-18-202 (5)(c)(I)(B), C.R.S.;
(VI) Language authorizing the payment of stipends from the college
opportunity fund program, part 2 of article 18 of title 23, C.R.S., on behalf of the qualified student; except that a cooperative agreement need not include this language if the institution of higher education that is a party to the cooperative agreement does not receive stipends from the college opportunity fund program;
(VII) Consideration and identification of ways in which qualified students who
concurrently enroll in postsecondary courses, including academic courses or career and technical education courses, which may include course work related to apprenticeship programs and internship programs, can remain eligible for interscholastic high school activities; and
(VIII) Other financial provisions that the local education provider and the
institution of higher education may elect to include in the agreement pursuant to the provisions of section 22-35-105 (5).
(c) An institution of higher education that enters into a cooperative
agreement with a local education provider shall provide a copy of the cooperative agreement to the department of higher education, which shall retain the copy. If the cooperative agreement contemplates the provision of career and technical education courses, which may include course work related to apprenticeship programs or internship programs, to qualified students, the institution shall also provide a copy of the cooperative agreement to the state board for community colleges and occupational education, which shall retain the copy.
(7) A postsecondary instructor shall not be required to hold a teacher's
license or authorization issued pursuant to the provisions of article 60.5 of this title in order to instruct a qualified student who is concurrently enrolled in a course offered by an institution of higher education.
(8) (a) A district charter school may elect to allow a qualified student of the
district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by either:
(I) The school district of the district charter school and an institution of
higher education; or
(II) The district charter school and an institution of higher education.
(b) If a district charter school elects to allow a qualified student of the
district charter school to concurrently enroll pursuant to the provisions of a cooperative agreement that is entered into by the school district of the district charter school and an institution of higher education:
(I) The district charter school shall be responsible for paying the tuition for
each course that is completed by the qualified student pursuant to the cooperative agreement; and
(II) The qualified student of the district charter school shall not concurrently
enroll unless, not later than sixty days before the end of the academic term that immediately precedes the intended term of concurrent enrollment, he or she applies for approval of concurrent enrollment from the superintendent of the school district or his or her designee, and the superintendent or his or her designee grants such approval or waives this time limitation, as described in subsection (2) of this section.
(c) If a district charter school elects to allow a qualified student of the
district charter school to concurrently enroll as described in subparagraph (I) or (II) of paragraph (a) of this subsection (8), nothing in this article shall be interpreted to entitle the district charter school to any moneys from the school district of the district charter school other than those moneys to which the district charter school is entitled pursuant to the provisions of this title.
(d) The authorizing school district of a district charter school shall not
prohibit the district charter school from allowing qualified students of the district charter school to concurrently enroll, subject to the approval of the superintendent or his or her designee as provided in subsection (8)(b)(II) of this section, pursuant to the provisions of a cooperative agreement that is entered into by the school district and an institution of higher education.
(9) A student who concurrently enrolls at an institution of higher education
pursuant to this article shall not be disqualified or otherwise rendered ineligible for any state-based financial assistance for which he or she would otherwise be eligible as an entering student at the institution.
(10) (a) Each public institution of higher education is strongly encouraged to
allow the concurrent enrollment of qualified students pursuant to this article.
(b) Nothing in this article shall be interpreted to require an institution of
higher education to allow the concurrent enrollment of qualified students pursuant to this article or to require an institution of higher education to enter into a cooperative agreement with a local education provider; except that an institution of higher education that elects to allow the concurrent enrollment of a qualified student pursuant to this article shall enter into a cooperative agreement with the local education provider of the student as described in subsection (6) of this section.
(11) On or before January 1, 2010, the department shall explore strategies by
which the state may provide opportunities for children who are participating in a home-based educational program pursuant to section 22-33-104.5 to participate in a concurrent enrollment program.
(12) On and after July 1, 2012, except as provided in section 22-35-110 (4), the
concurrent enrollment of a student is prohibited except as permitted by the provisions of this article.
(13) Notwithstanding any other provision of this article, a qualified student
shall not concurrently enroll in a course that is offered by a postsecondary career and technical education program, including a course that is related to an apprenticeship program or internship program, unless the course is included in a postsecondary degree or certificate program that is approved by the state board for community colleges and occupational education.
(14) If a qualified student concurrently enrolls in a course that is provided by
a postsecondary career and technical education program, including a course that is related to an apprenticeship program or internship program, the instructor of the course must possess a current career and technical education teaching credential that has been authorized by the state board for community colleges and occupational education.
(15) A local education provider that offers courses for concurrent enrollment
that are taught by employees of the local education provider may contract with another local education provider to allow qualified students enrolled by the contracting local education provider to participate in the concurrent enrollment courses.
Source: L. 2009: Entire article R&RE, (HB 09-1319), ch. 286, p. 1303, � 1,
effective May 21; (1)(b), (1)(d), (1)(e), (4)(a), IP(4)(b), and (6) amended and (13) and (14) added, (SB 09-285), ch. 425, p. 2371, � 3, effective June 4. L. 2012: (2)(b) amended, (HB 12-1043), ch. 209, p. 899, � 3, effective August 8. L. 2015: (1)(b), (1)(d), (1)(e), (5), (6)(a), IP(6)(b), (6)(b)(VII), (6)(c), (13), and (14) amended, (HB 15-1275), ch. 223, p. 814, � 2, effective May 22. L. 2016: (1)(b) amended, (HB 16-1144), ch. 61, p. 161, � 1, effective March 31. L. 2018: (1)(b) amended, (HB 18-1005), ch. 54, p. 500, � 1, effective August 8. L. 2019: (1)(c), IP(1)(d), (2)(b), (4)(b), and (6)(b)(II) amended, (HB 19-1206), ch. 133, p. 602, � 12, effective April 25; (1)(a), (1)(b), (1)(c), (6)(b)(I), and (6)(b)(II) amended and (6)(b)(IV.5), (8)(d), and (15) added, (SB 19-176), ch. 244, pp. 2380, 2390, �� 2, 12, effective August 2. L. 2020: (1)(b.5) added, (SB 20-095), ch. 180, p. 819, � 2, effective June 29. L. 2021: IP(1)(d) amended, (SB 21-185), ch. 246, p. 1335, � 12, effective September 7. L. 2024: (3) and (5) amended, (SB 24-188), ch. 235, p. 1477, � 18, effective May 23. L. 2025: (1)(a)(III), IP(1)(d), and (1)(e) amended, (SB 25-315), ch. 237, p. 1192, � 8, effective July 1, 2026.
Editor's note: (1) This section is similar to former � 22-35-104 as it existed
prior to 2009.
(2) Amendments to subsection (6)(b)(II) by HB 19-1206 and SB 19-176 were
harmonized.
Cross references: For the legislative declaration in HB 19-1206, see section 1
of chapter 133, Session Laws of Colorado 2019. For the legislative declaration in SB 24-188, see section 1 of chapter 235, Session Laws of Colorado 2024.
C.R.S. § 22-35-115
22-35-115. Postsecondary and workforce readiness programs - financial study - funding - reports - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:
(I) Colorado's economic vitality depends on a highly educated, skilled, and
diverse workforce ready to meet the job demands of a post-pandemic world. This requires a learner-centered approach to offering programs designed to integrate secondary, postsecondary, and work-based learning opportunities for students enrolled in high school and, ultimately, creating pathways and workforce options that allow students in Colorado to graduate high school with a career-connected learning opportunity.
(II) Colorado is considered a national leader in postsecondary and workforce
readiness policies and has enacted statutes that provide resources and funding mechanisms to districts that offer postsecondary and workforce opportunities in high school, including the ability to earn college credits, obtain industry credentials, or experience work-based learning;
(III) The general assembly has enacted statutes directing community
colleges and the state workforce development council to create and expand career pathways in a wide variety of careers ranging from manufacturing career pathways to integrated career pathways within growing industry sectors to career pathways for teachers;
(IV) These statutes and programs have led to a significant expansion of
work-based learning and partnerships with employers and a notable increase in the number of students completing courses in high school that qualify for both secondary and postsecondary credit, industry credential programs, and work-based learning experiences. The Colorado department of education reports that between 2016 and 2023, over sixty-five thousand students completed qualifying advanced placement courses through the career development success program, obtained industry credentials, and participated in work-based learning experiences.
(V) The task force created in House Bill 21-1330 called for expanding
innovative high school, postsecondary, and workforce options and pathways, which broadly include work-based learning, credential completion, apprenticeships, and other experiences, with a focus on high-need, in-demand, high-value business- and industry-focused career pathways;
(VI) In response, the general assembly passed House Bill 22-1215, which
created a task force to review the complicated and interwoven set of issues related to program approval, availability, and funding that results in unequal student access to postsecondary and workforce readiness programs across the state and to make recommendations to address these issues;
(VII) The important work conducted by the members of the task force
provided critical recommendations for how the state can ensure that every student in Colorado can graduate from high school with college credits; an in-demand, industry credential; or a quality, work-based learning experience;
(VIII) The recommendations of the task force center on simplifying programs,
aligning incentives, understanding effects, and developing and improving systems that better connect education and the workforce;
(IX) Notably, the task force was unable to evaluate the effect of
postsecondary and workforce readiness programs due to the limited access to outcome data and lack of consistent outcome data, and the absence of disaggregated data and a longitudinal data system to connect long-term wage outcomes with participation in these programs;
(X) The task force made thirteen recommendations and recommended the
state begin by focusing on streamlining administration, developing a longitudinal data system, and creating sustainable funding. The task force report concluded with encouragement to think beyond existing programs and to develop, a streamlined system that serves learners in all their education and workforce readiness training and is easy to navigate for all those who support them.
(XI) The task force also recommended prioritizing the third recommendation:
Establish and utilize a robust statewide longitudinal data system. The system should interface with data reported from the relevant entities that is shareable across agencies and comply with existing statutory parameters, including state and federal data privacy laws. There should also be an investment in a public-facing dashboard with education and employment outcomes to help inform decisions made by learners and families.
(XII) The Colorado department of education, the Colorado workforce
development council, the Colorado department of higher education, and the office of information technology have led efforts to expand data sharing to answer key questions regarding education and workforce issues, while protecting student privacy and security, at the behest of state agencies and the general assembly;
(XIII) These state partnerships are in addition to one-on-one data-sharing
efforts that exist for specific, existing, statutorily required reports;
(XIV) Colorado does not have a single, longitudinal data system, which, as
seen in other states, can provide a single stop in a neutral agency to examine the long-term effects of investments made by the state in workforce development programs that sit primarily, but not entirely, in education, workforce, and economic development agencies; and
(XV) Addressing the recommendations provided by the task force will
require partnership within and beyond the general assembly and government partners and requires intentionality to ensure that the state is taking action in the best interest of its students.
(b) The general assembly finds, therefore, that:
(I) To begin the work of ensuring students have equitable access in high
school to college credit, quality industry credentials, and work-based learning experiences, the state must begin by understanding the costs for students to obtain these experiences, and as recommended by the task force, examine the long-term effect of these opportunities for students;
(II) Studying the costs for postsecondary and workforce programs and
implementing a statewide longitudinal data system will lay critical foundation for implementing the recommendations into state systems in 2025 to modernize, simplify, and better integrate opportunities for students to obtain college credit, industry credentials, and work-based learning opportunities; and
(III) There is understanding of and commitment to the conclusion of the task
force report: The recommendations are intertwined and should be scaffolded as such, with the understanding that they will take time to implement. The task force believes that implementing all recommendations is necessary to meaningfully improve [postsecondary and workforce readiness]...
(2) As used in this section, unless the context otherwise requires:
(a) Colorado statewide longitudinal data system means the statewide data
system that connects data from contributing state agencies and partner entities and supports the purposes identified in section 24-37.5-125 (2)(a).
(b) Postsecondary and workforce readiness programs means programs for
Colorado high school students to develop the knowledge and competencies needed to succeed in postsecondary settings and to advance in career pathways as lifelong learners and contributing citizens.
(3) (a) The department shall commission a financial study to analyze costs to
the state, local education providers, and students, and potential cost savings when providing students the opportunity to obtain college credits, industry credentials, and work-based learning experiences. The financial study must include an analysis on the effects of consolidating certain postsecondary and workforce readiness programs. The department shall contract with an independent contractor, in accordance with the Procurement Code, articles 101 to 112 of title 24, to conduct the financial study and prepare a final report summarizing the financial study's methodologies, findings, and recommendations.
(b) The department, the department of labor and employment, the Colorado
workforce development council, the department of higher education, the Colorado commission on higher education, and the career and technical education division within the Colorado community college system shall provide guidance and input, as necessary, to assist the independent contractor in preparing the final report.
(c) Legislative council staff and joint budget committee staff shall provide
input on the financial modeling to assess the costs and savings of postsecondary and workforce readiness programs.
(4) (a) The financial study commissioned pursuant to subsection (3)(a) of this
section must include a review of the following postsecondary and workforce readiness programs:
(I) The ASCENT program created in section 22-35-108;
(II) The career development success program created in section 22-54-138;
(III) The concurrent enrollment programs described in section 22-35-104;
(IV) Early college high schools;
(V) Pathways in technology early college high schools created in part 1 of
article 35.3 of this title 22;
(VI) The teacher recruitment education and preparation program created in
section 22-35-108.5; and
(VII) K-12 work-based learning opportunities described in section 8-83-602
(5).
(b) The financial study may include a review of:
(I) The John W. Buckner automatic enrollment in advanced courses grant
program created in part 2 of article 95.5 of this title 22;
(II) The accelerated college opportunity exam fee grant program created in
section 22-95.5-102;
(III) The concurrent enrollment expansion and innovation grant program
created in section 22-35-114;
(IV) The school counselor corps grant program created in part 1 of article 91
of this title 22; and
(V) Any other pilot program or grant program that supports postsecondary
and workforce readiness.
(c) The independent contractor shall interview school district leaders from a
broad range of school districts, including, but not limited to, large, urban, and small rural school districts, in order to understand the actual costs to school districts to implement postsecondary and workforce readiness programs.
(d) The independent contractor shall take into consideration:
(I) The study for adequate public school funding described in section 22-54-104.7 (7), as applicable; and
(II) The department's ongoing grant program evaluation work.
(5) The purposes of the financial study commissioned pursuant to subsection
(3) of this section are to:
(a) Understand the actual costs to local education providers, especially in
rural and small rural districts, to develop, offer, and maintain opportunities for students to obtain college credits, industry credentials, and work-based learning experiences;
(b) Study the actual costs, which include, but are not limited to,
infrastructure, staffing, exam fees, transportation, and start-up costs;
(c) Examine the variation in costs by geographic region, especially rural and
small rural districts, the types of industry credentials offered, the quality of nondegree credentials described in section 23-5-145.6 (2), and the types of work-based learning opportunities described in section 8-83-602;
(d) Identify how to streamline the financial administration and reporting of
postsecondary and workforce readiness programs in the secondary education system into one comprehensive program;
(e) Analyze different funding mechanisms, which may include outcomes-based funding, guaranteed funding, innovation funding, a hybrid system of funding,
or another type of funding mechanism to provide opportunities for students to obtain college credits, industry credentials, or work-based learning experiences;
(f) Identify and model the costs, benefits, and potential cost savings of the
different funding mechanisms described in subsection (5)(e) of this section and the financial effects the consolidation of postsecondary and workforce readiness programs may have on local education providers and state agencies;
(g) Project the costs required to equitably expand opportunities for students
to obtain college credits, industry credentials, or work-based learning experiences to additional local education providers and students;
(h) Analyze state-level incentives and barriers that may encourage or
discourage the adoption of postsecondary and workforce readiness programs within a consolidated system for local education providers;
(i) Review and analyze, to the extent possible, the statutory purposes and
outcomes of the postsecondary and workforce readiness programs, including students' attainment of college credits or industry credentials, when determining how to streamline postsecondary and workforce readiness programs; and
(j) Develop and consider implementing recommendations in the 2025-26
state budget year.
(6) On or before December 1, 2024, the department shall submit the financial
study and final report, including the consideration to implement recommendations in the 2025-26 state budget year, described in this section to the education committees of the house of representatives and the senate, or their successor committees, the governor, the joint budget committee, the state board, and the Colorado statewide longitudinal data system governing board created in section 24-37.5-125 (3)(a).
(7) For the 2024-25 state budget year, the general assembly shall
appropriate eight hundred thousand dollars from the general fund to the department for purposes of this section.
(8) This section is repealed, effective July 1, 2026.
Source: L. 2024: Entire section added, (HB 24-1364), ch. 238, p. 1546, � 1,
effective May 23. L. 2025: (8) added, (SB 25-315), ch. 237, p. 1194, � 11, effective May 23.
C.R.S. § 22-38-104
22-38-104. Pilot schools - requirements - authority - definitions. (1) The state board may provide for the establishment and operation of not more than one full-time residential pilot school and not more than three year-round nonresidential pilot schools pursuant to the following provisions:
(a) The state board shall consider placement of the pilot schools in
geographic areas of the state that shall provide the easiest access to the maximum number of expelled and at-risk students eligible to attend the pilot schools. The state board is urged to consider placement of one pilot school in the Denver metropolitan area; one in the southeastern part of the state south of the 39th parallel and east of the continental divide; one in the northeast part of the state north of U.S. Interstate 70, east of the continental divide; and one west of the continental divide.
(b) A pilot school shall be a public, nonsectarian, nonreligious, non-home-based school.
(c) A pilot school shall be administered and governed by a board of directors
in a manner agreed to by the pilot school applicant and the state board.
(d) (I) A pilot school is subject to all federal and state laws and constitutional
provisions prohibiting discrimination on the basis of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, religion, or ancestry. Enrollment decisions shall be made in a nondiscriminatory manner specified by the pilot school applicant in the pilot school application.
(II) As used in this subsection (1)(d):
(A) Protective hairstyle includes such hairstyles as braids, locs, twists,
tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.
(B) Race includes hair texture, hair type, hair length, or a protective
hairstyle that is commonly or historically associated with race.
(2) Not more than three pilot schools shall each have a minimum of sixty
students who do not reside at the school, approximately two-thirds of whom shall be expelled students, and the remainder of whom shall be at-risk students admitted by the pilot school in the manner specified in the pilot school application.
(3) The residential pilot school shall have a minimum of sixty students, two-thirds of which shall be expelled students and one-third of which shall be at-risk
students. The school shall make available full-time residential facilities for all expelled students who, in the determination of the pilot school, may benefit from an environment different from those conditions that may have contributed to the student's expulsion. The residential pilot school shall only admit expelled and at-risk students who are in the sixth grade or seventh grade if compelling circumstances exist for admitting such students to a residential facility.
(4) A pilot school shall operate on a year-round basis and offer services for
an extended period of more than eight hours during each educational day.
(5) A pilot school shall be accountable to the state board for purposes of
ensuring compliance with applicable laws and contract provisions and the requirement of section 15 of article IX of the state constitution.
(6) A pilot school may require a parent or legal guardian and the student to
enter into a mutual responsibility agreement according to the terms of which a parent, legal guardian, or student provides services to the pilot school or agrees to make a financial contribution to the pilot school.
(7) The state board shall promulgate guidelines for assessing the ability of
the parent or legal guardian of a student to make a financial contribution to a pilot school to cover part, or all, of the costs of tuition for that student at the pilot school. The guidelines shall provide for a process to be used by pilot schools to assess the financial resources of a parent or legal guardian that could be reasonably applied to offset the costs of a student's education without imposing a financial hardship on the parent, legal guardian, or family of the student attending the pilot school.
(8) Pursuant to contract, a pilot school may operate free from specified
school district policies, state statutes, state regulations, and contract requirements otherwise applicable to schools located in the school district where the pilot school is located. Upon request of the pilot school, the state board may release the pilot school from any school district policies, state statutes, state regulations, or contract requirements. Any waiver made pursuant to this subsection (8) shall be for the term of the contract for which the waiver is made.
(9) (a) A pilot school shall be responsible for its own operation including, but
not limited to, preparation of a budget, compilation of any data required by this article, contracting for services, and personnel matters.
(b) A pilot school may negotiate and contract with a school district, the
governing body of a state college or university, or any third party for the use of a school building and grounds, the operation and maintenance thereof, and the provision of any service, activity, or undertaking that the pilot school is required to perform in order to carry out the educational program described in its contract. A pilot school may contract with the state for the use of any available state facility in order to carry out the educational program described in its contract. Any services for which a pilot school contracts with the state board or any school district shall be provided to the pilot school at cost.
(10) In addition to the students enrolled at each pilot school pursuant to
section 22-38-111, a pilot school may enter into an agreement pursuant to section 22-33-203 (2) with a school district or with a board of cooperative services to provide educational services to enable expelled students to either return to school or successfully complete the high school equivalency examination, as defined in section 22-33-102 (8.5). Students receiving such services are not be considered to be enrolled at the pilot school, and, if the pilot school provides full-time residential facilities, students receiving such services need not reside at the pilot school.
Source: L. 96: Entire article added, p. 1812, � 5, effective July 1. L. 97: (10)
added, p. 591, � 26, effective April 30; IP(1), (2), and (3) amended, p. 424, � 3, effective July 1. L. 2008: (1)(d) amended, p. 1602, � 25, effective May 29. L. 2014: (10) amended, (SB 14-058), ch. 102, p. 382, � 13, effective April 7. L. 2020: (1)(d) amended, (HB 20-1048), ch. 8, p. 18, � 8, effective September 14. L. 2021: (1)(d)(I) amended, (HB 21-1108), ch. 156, p. 893, � 26, effective September 7. L. 2024: (1)(d)(II)(B) amended, (HB 24-1451), ch. 354, p. 2413, � 6, effective June 3.
Cross references: (1) For the legislative declaration contained in the 2008
act amending subsection (1)(d), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
(2) For the short title (Creating a Respectful and Open World for Natural
Hair Act of 2020 or the CROWN Act of 2020) and the legislative declaration in HB 20-1048, see sections 1 and 2 of chapter 8, Session Laws of Colorado 2020.
C.R.S. § 22-42-102
22-42-102. Bonded indebtedness - elections. (1) No debt by loan in any form shall be contracted by any school district for the purposes specified in paragraph (a) of subsection (2) of this section, unless the proposition to create the debt has first been submitted to and approved by the eligible electors of the district.
(2) (a) The board of education of any school district, at any regular biennial
school election or at a special election called for the purpose, shall submit to the eligible electors of the district the question of contracting a bonded indebtedness for one or more of the following purposes:
(I) For acquiring or purchasing buildings or grounds;
(II) For enlarging, improving, remodeling, repairing, or making additions to
any school building;
(III) For constructing or erecting school buildings;
(IV) For equipping or furnishing any school building, but only in conjunction
with a construction project for a new building or for an addition to an existing building or in conjunction with a project for substantial remodeling, improvement, or repair of an existing building;
(V) For improving school grounds;
(VI) For funding floating indebtedness;
(VII) For acquiring, constructing, or improving any capital asset that the
district is authorized by law to own;
(VIII) For supporting a district charter school's charter school capital
construction, as defined in section 22-30.5-403 (4), or the land and facilities needs of a district charter school, as defined in section 22-30.5-403 (3), without title or ownership of district charter school capital assets being held by the school district or ownership or use restrictions being placed on the district charter school by the school district;
(VIII.5) For supporting an institute charter school's charter school capital
construction, as defined in section 22-30.5-403 (4), or the land and facilities needs of an institute charter school, as defined in section 22-30.5-403 (5.5), by including the institute charter school, located within the school district, in a bond election conducted pursuant to section 22-30.5-404.5.
(IX) (A) Subject to the provisions of sub-subparagraph (B) of this
subparagraph (IX), for paying the costs that may be paid from the general fund of the school district; except that bonded indebtedness may be issued for such purpose only if amendment 61 is approved by the voters at the general election held on November 2, 2010, and the eligible electors of the school district approve a question to create debt for such purpose at an election held on or after November 2, 2010.
(B) The board of education of a district that issues bonded indebtedness
pursuant to sub-subparagraph (A) of this subparagraph (IX) shall deposit any moneys from such bonded indebtedness into a cash flow deficit restricted reserve in the general fund of the district. The board of education of such a district may expend the moneys deposited in the reserve only for the purpose of alleviating the district's annual temporary cash flow deficit and shall repay, from the property tax revenues of the district, the total amount expended from the reserve in any fiscal year on or before June 30 of the applicable fiscal year; except that such board of education may request that the department of education waive the requirement to repay the reserve by June 30 of the applicable fiscal year. If the department grants such a waiver, the board of education of the district shall repay the total amount expended from the reserve on or before June 30 of the fiscal year following the fiscal year in which the board expended moneys from the reserve. Notwithstanding the provisions of this sub-subparagraph (B), if a district that has issued bonded indebtedness pursuant to sub-subparagraph (A) of this subparagraph (IX) no longer experiences an annual temporary cash flow deficit, the district shall use the moneys in the reserve to repay outstanding bonded indebtedness issued pursuant to this section.
(X) Subject to prior approval by the commissioner of education as provided in
section 22-2-112 (5), for constructing a building that the school district may lease to a state institution of higher education. If a board of education seeks voter approval to contract bonded indebtedness for this purpose, the ballot question must specifically state that the bonded indebtedness is incurred FOR THE PURPOSE OF CONSTRUCTING A BUILDING THAT THE SCHOOL DISTRICT MAY LEASE TO A STATE INSTITUTION OF HIGHER EDUCATION.
(b) The purposes specified in paragraph (a) of this subsection (2) shall be
broadly construed, subject to the limitations provided in section 22-42-103.
(c) Any special election called pursuant to this section shall be held on the
general election day in each even-numbered year or on the first Tuesday in November of each odd-numbered year and shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S.
(d) Repealed.
(3) to (5) (Deleted by amendment, L. 92, p. 839, � 35, effective January 1,
1993.)
(6) (a) The board of education of any school district, having received approval
at an election to issue bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit at another regular or special election the question of issuing the bonds, or any portion thereof, at a higher principal amount or higher repayment cost than approved at the original election.
(b) An election held pursuant to this subsection (6) shall be held in
substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question or questions permitted under this subsection (6).
(c) If a majority of those voting at an election held pursuant to this
subsection (6) fails to approve the changes submitted, such result shall not impair the authority of the board at a later time to issue the bonds originally approved within the limitations established at the first election.
Source: L. 64: R&RE, p. 547, � 1. C.R.S. 1963: � 123-11-3. L. 70: p. 331, � 2. L.
71: pp. 1148, � 2. L. 73: p. 1249, � 1. L. 77: (1) and (2) amended, p. 1061, � 1, effective June 19. L. 86: (2)(c) added and (3) R&RE, p. 812, �� 3, 4, effective July 1. L. 87: (1) and IP(2)(a) amended, p. 316, � 53, effective July 1. L. 92: (1), IP(2)(a), (2)(c), and (3) to (5) amended, p. 839, � 35, effective January 1, 1993. L. 94: (2)(c) amended, p. 1187, � 81, effective July 1; (2)(d) added, p. 1790, � 4, effective January 1, 1995. L. 2008: (2)(a)(V) and (2)(a)(VI) amended and (2)(a)(VII) added, p. 1211, � 24, effective May 22; (2)(d) repealed, p. 1900, � 79, effective August 5. L. 2009: (2)(a)(VI) and (2)(a)(VII) amended and (2)(a)(VIII) added, (SB 09-176), ch. 247, p. 1117, � 4, effective August 5. L. 2010: (2)(a)(VII) and (2)(a)(VIII) amended and (2)(a)(IX) added, (SB 10-205), ch. 313, p. 1470, � 2, effective May 27; (6)(a) amended, (HB 10-1013), ch. 399, p. 1898, � 4, effective June 10. L. 2016: (2)(a)(VIII) amended and (2)(a)(X) added, (SB 16-209), ch. 235, p. 950, � 2, effective August 10. L. 2024: (2)(a)(VIII) amended and (2)(a)(VIII.5) added, (HB 24-1154), ch. 206, p. 1273, � 3, effective August 7.
Editor's note: Amendment 61 referenced in subsection (2)(a)(IX) was not
approved at the general election held on November 2, 2010, with the following vote count:
FOR: 473,716
AGAINST: 1,280,302
Cross references: For the legislative declaration contained in the 2008 act
amending subsections (2)(a)(V) and (2)(a)(VI) and enacting subsection (2)(a)(VII), see section 1 of chapter 286, Session Laws of Colorado 2008. For the legislative declaration in the 2010 act amending subsections (2)(a)(VII) and (2)(a)(VIII) and adding subsection (2)(a)(IX), see section 1 of chapter 313, Session Laws of Colorado 2010.
C.R.S. § 22-42-103
22-42-103. Limitations on elections. The question of contracting bonded indebtedness may be submitted or resubmitted after the same or any other such question has previously been rejected at an election held pursuant to this article; but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of education of any school district shall not submit any question of contracting bonded indebtedness at more than two elections within any twelve-month period. The provisions of this section shall not apply to elections on assumption of existing bonded indebtedness held pursuant to law.
Source: L. 64: R&RE, p. 547, � 1. C.R.S. 1963: � 123-11-4. L. 70: p. 332, � 3.
C.R.S. § 22-43-110
22-43-110. Prior obligations not impaired. (Repealed)
Source: L. 64: p. 567, � 7. C.R.S. 1963: � 123-12-10. L. 2006: Entire section
repealed, p. 610, � 33, effective August 7.
ARTICLE 43.5
School District Capital Improvement Zones
22-43.5-101 to 22-43.5-126. (Repealed)
Source: L. 2000: Entire article repealed, p. 373, � 28, effective April 10.
Editor's note: This article was added in 1994. For amendments to this article
prior to its repeal in 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 43.7
Capital Construction Assistance
Editor's note: (1) This article was added in 1998. This article was repealed
and reenacted in 2008, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2008, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) House Bill 08-1335 repealed and reenacted this article and was further
amended by House Bill 08-1388 by the addition of a new part 2.
PART 1
SCHOOL DISTRICT CAPITAL CONSTRUCTION
ASSISTANCE PROGRAM
22-43.7-101. Short title. This article shall be known and may be cited as the
Building Excellent Schools Today Act.
Source: L. 2008: Entire article R&RE, p. 1040, � 1, effective May 22.
22-43.7-102. Legislative findings and declarations. (1) The general
assembly hereby finds and declares that:
(a) Colorado school districts, boards of cooperative services, and charter
schools have differing financial abilities to meet students' fundamental educational needs, including the need for new public schools and renovations or for controlled maintenance at existing public schools so that unsafe, deteriorating, or overcrowded facilities do not impair students' abilities to learn.
(b) The establishment of a program to provide financial assistance to school
districts, boards of cooperative services, and charter schools throughout the state that have difficulty financing new capital construction projects and renovating and maintaining existing facilities will help such districts, boards of cooperative services, and charter schools to meet students' fundamental educational needs.
(2) The general assembly further finds and declares that:
(a) Rental income, royalties, interest, and other income other than land sale
proceeds derived from state school lands may be used to support the public schools of the state.
(b) It is necessary and appropriate for the state to build excellent schools
today by assisting school districts, boards of cooperative services, and charter schools in completing needed public school facility capital construction projects more quickly by:
(I) Entering into financed purchase of an asset or certificate of participation
agreements for the purpose of financing such projects; and
(II) Subject to the annual appropriation of such money by the general
assembly, using a portion of the rental income and royalties derived from state school lands and, unless and until the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(B), provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make lease payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(C), has rescinded any such determination, interest, and other income, other than land sale proceeds, derived from state school lands, as well as certain other available state money and matching money provided by school districts, boards of cooperative services, and charter schools, to make payments payable under the terms of the financed purchase of an asset or certificate of participation agreements.
(c) It is also necessary and appropriate for the state to use a portion of such
rental income and royalties and, unless and until the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(B), provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(C), has rescinded any such determination, interest and other income, as well as certain other available state money to continue to provide financial assistance to school districts, boards of cooperative services, and charter schools in the form of cash funding for school renovation and controlled maintenance projects.
(d) In accordance with the decision of the Colorado court of appeals in the
case denominated Colorado Criminal Justice Reform Coalition v. Ortiz, Case No. 04 CA 0879 (April 7, 2005), the financed purchase of an asset or certificate of participation agreements to be entered into by the state pursuant to this article 43.7 do not constitute a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever for purposes of section 20 (4)(a) of article X of the state constitution.
(e) The provision of financial assistance for public school facility capital
construction pursuant to this article meets the requirements of section 3 of article IX of the state constitution and shall be applied first to satisfy the legal obligations of the state under the settlement reached in the case denominated Giardino v. Colorado State Board of Education, et al., Case No. 98 CV 246, in the district court for the city and county of Denver.
Source: L. 2008: Entire article R&RE, p. 1040, � 1, effective May 22. L. 2009:
(2)(b)(II) and (2)(c) amended, (SB 09-257), ch. 424, p. 2363, � 1, effective June 4. L. 2021: (2)(b), (2)(c), and (2)(d) amended, (HB 21-1316), ch. 325, p. 2001, � 14, effective July 1.
22-43.7-103. Definitions. As used in this article 43.7, unless the context
otherwise requires:
(1) Applicant means any entity that may directly or indirectly submit an
application for financial assistance to the board if the entity submits such an application, including:
(a) A school district;
(b) A board of cooperative services;
(c) A charter school; and
(d) The Colorado school for the deaf and blind created and existing pursuant
to section 22-80-102 (1)(a).
(2) Assistance fund means the public school capital construction
assistance fund created in section 22-43.7-104 (1).
(3) Authorizer means the school district that authorized the charter
contract of a charter school or, in the case of an institute charter school, as defined in section 22-30.5-502 (6), the state charter school institute created and existing pursuant to section 22-30.5-503 (1)(a).
(4) Board means the public school capital construction assistance board
created in section 22-43.7-106 (1).
(5) Board of cooperative services means a board of cooperative services
created and existing pursuant to section 22-5-104 that is eligible to receive state moneys pursuant to section 22-5-114.
(6) Capital construction has the same meaning as set forth in section 24-30-1301 (2); except that the term also includes technology, as defined in section 22-43.7-109 (5)(a)(I)(B), and career and technical education capital construction.
(6.5) Capital development committee means the capital development
committee of the general assembly established in section 2-3-1302 (1), C.R.S.
(6.7) Career and technical education capital construction means:
(a) New construction or retrofitting of public school facilities for career and
technical education programs that satisfy the standards prescribed in section 23-8-103 (2); and
(b) Equipment necessary for individual student learning and classroom
instruction, including equipment that provides access to instructional materials or that is necessary for professional use by a classroom teacher.
(7) Charter school means a charter school as described in section 22-54-124 (1)(f.6)(I)(A) or (1)(f.6)(I)(B).
(8) Department means the department of education created and existing
pursuant to section 24-1-115, C.R.S.
(9) Division means the division of public school capital construction
assistance created in section 22-43.7-105.
(10) Financial assistance means matching grants made by the board from
the assistance fund to applicants or any other expenditures made from the assistance fund for the purpose of financing public school facility capital construction as authorized by this article.
(11) Matching moneys means moneys required to be paid to the state or
used directly to pay a portion of the costs of a public school facility capital construction project by an applicant as a condition of an award of financial assistance to the applicant pursuant to section 22-43.7-109 (9).
(12) Public school facility means a building or portion of a building used for
educational purposes by a school district, a board of cooperative services, the Colorado school for the deaf and blind created and existing pursuant to section 22-80-102 (1)(a), or a charter school, including but not limited to school sites, classrooms, libraries and media centers, cafeterias and kitchens, auditoriums, multipurpose rooms, and other multi-use spaces; except that public school facility does not include a learning center, as defined in section 22-30.7-102 (4), that is not used for any other public school purpose and is not part of a building otherwise owned, or leased in its entirety, by a school district, a board of cooperative services, a charter school, or the Colorado school for the deaf and blind for educational purposes.
(13) Public school lands income means all income received by the state
from:
(a) The sale of timber on public school lands, rental payments for the use and
occupation of public school lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on public school lands;
(b) Royalties and other payments for the extraction of any natural resource
on public school lands; and
(c) Interest or income earned on the deposit and investment of moneys in the
public school fund.
(14) School district means a school district, other than a junior or
community college district, organized and existing pursuant to law.
(15) State board means the state board of education created and existing
pursuant to section 1 of article IX of the state constitution.
Source: L. 2008: Entire article R&RE, p. 1041, � 1, effective May 22. L. 2013:
(6.5) added, (SB 13-214), ch. 398, p. 2324, � 1, effective June 5. L. 2014: (6) amended, (HB 14-1387), ch. 378, p. 1828, � 32, effective June 6. L. 2016: (7) amended, (SB 16-072), ch. 180, p. 617, � 1, effective May 19. L. 2017: IP and (6) amended, (HB 17-1082), ch. 392, p. 2020, � 1, effective June 6. L. 2019: (6) amended and (6.7) added, (HB 19-1008), ch. 19, p. 70, � 1, effective August 2.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
22-43.7-104. Public school capital construction assistance fund - creation
-
crediting of money to fund - use of fund - emergency reserve - creation - reserve account - creation and use - definition - report. (1) (a) The public school capital construction assistance fund is created in the state treasury. Subject to the limitation set forth in subsection (1)(b)(I) of this section, the principal of the assistance fund consists of all money transferred or credited to the assistance fund pursuant to subsection (2) of this section. Except as otherwise provided in subsection (1)(b)(I) of this section, all interest and income earned on the deposit and investment of money in the assistance fund is credited to the assistance fund and is not transferred to the general fund or any other fund at the end of any fiscal year.
(b) (I) (A) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the total amount of revenue credited in the state fiscal year to the assistance fund pursuant to this section must not exceed one hundred fifty million dollars, which amount must be annually adjusted for inflation for each state fiscal year thereafter.
(B) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the state treasurer shall credit to the state public school fund created in section 22-54-114 (1) any amount of revenue that exceeds in the state fiscal year one hundred fifty million dollars, as adjusted annually for inflation for state fiscal years commencing on or after July 1, 2025, that otherwise would be credited to the assistance fund pursuant to this section.
(II) Notwithstanding subsection (1)(b)(I) of this section, the total amount of revenue described in subsection (1)(b)(I) of this section does not include money credited to the assistance fund pursuant to subsection (2)(d.5) of this section.
(III) As used in this subsection (1)(b), inflation means the annual percentage increase in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.
(2) (a) On July 1, 2008, the following moneys shall be transferred to the assistance fund:
(I) All moneys remaining in the school construction and renovation fund, as said fund existed prior to July 1, 2008;
(II) All moneys remaining in the school capital construction expenditures reserve and the school capital construction expenditures reserve fund as said reserve and reserve fund existed prior to July 1, 2008; and
(III) All moneys remaining in the lottery proceeds contingency reserve fund as said fund existed prior to July 1, 2008.
(b) For each fiscal year commencing on or after July 1, 2008, the following money shall be credited to the assistance fund:
(I) (A) Unless and until the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(A) may be taken from any single source or combination of sources of public school lands income.
(B) Except as otherwise provided in subsection (2)(b)(I)(C) of this section, if the state treasurer determines during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement will prevent the interest component of the payments from qualifying for exemption from federal income taxation and provides written notice to the joint budget committee of the general assembly of the determination, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(B) may be taken from any single source or combination of sources of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund.
(C) If, after making a determination and providing notice pursuant to subsection (2)(b)(I)(B) of this section, the state treasurer makes a new determination during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will not prevent the interest component of the payments from qualifying for exemption from federal income taxation and the state treasurer provides written notice to the joint budget committee of the general assembly that the state treasurer has made a new determination and is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(C) may be taken from any single source or combination of sources of public school lands income.
(II) The net proceeds made available to the state from the sale of instruments evidencing rights to receive payments made and to be made under the terms of any financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2), unless otherwise required by the documents pursuant to which the instruments are issued;
(III) Any money transferred to the assistance fund under section 44-40-111 (12). The money transferred to the assistance fund pursuant to this subsection (2)(b)(III) and any income and interest derived from the deposit and investment of such money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.
(IV) Matching money paid to the state for use by the state in making scheduled payments payable by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2);
(V) Any moneys transferred or appropriated to the assistance fund pursuant to subsection (5) of this section.
(c) Reserved.
(d) (I) (A) For the state fiscal year commencing July 1, 2019, and for each state fiscal year thereafter, the state treasurer, as provided in section 39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the money received and collected from the excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39, subject to the limitation set forth in subsection (1)(b)(I) of this section.
(B) There is created within the assistance fund the charter school facilities assistance account. For the 2019-20 state fiscal year, and each state fiscal year thereafter, the state treasurer shall credit to the charter school facilities assistance account a percentage of the amount credited pursuant to this subsection (2)(d) that is equal to the percentage of pupil enrollment, as defined in section 22-54-103, statewide, represented by pupils who were enrolled in charter schools for the prior school year. The department of education shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding state fiscal year.
(II) In addition to the credit made to the charter school facilities assistance account pursuant to subsection (2)(d)(I) of this section, the state treasurer shall credit the following amounts to the charter school facilities assistance account from the public school capital construction assistance fund:
(A) For the state fiscal year commencing on July 1, 2024, eleven million five hundred thousand dollars;
(B) For the state fiscal year commencing on July 1, 2025, twelve million dollars;
(C) For the state fiscal year commencing on July 1, 2026, thirteen million dollars;
(D) For the state fiscal year commencing on July 1, 2027, fourteen million dollars; and
(E) For the state fiscal year commencing on July 1, 2028, fifteen million dollars.
(III) If eligibility criteria are satisfied, the department shall apply for a state charter school facilities incentive grant awarded by the United States department of education.
(d.5) For the 2024-25 state fiscal year and each state fiscal year thereafter, the state treasurer shall credit to the assistance fund the additional interest and income remaining in the public school fund pursuant to section 22-41-102 (3)(i)(IV), (3)(j)(IV), and (3)(k)(III).
(e) On May 21, 2019, if possible, or as soon as possible thereafter, the state treasurer shall transfer four million two hundred fifty thousand dollars from the assistance fund to the charter school facilities assistance account of the assistance fund created in subsection (2)(d) of this section.
(f) On July 1, 2020, the state treasurer shall transfer one hundred million dollars from the assistance fund to the state public school fund created in section 22-54-114 (1).
(g) The assistance fund includes fifty million dollars, which the state treasurer is required to transfer from the marijuana tax cash fund created in section 39-28.8-501 (1) on June 1, 2022, pursuant to section 39-28.8-501 (4.8).
(h) On June 16, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer ten million dollars from the general fund to the assistance fund. Notwithstanding subsection (3)(a) of this section, the money transferred pursuant to this subsection (2)(h) shall be used only to provide financial assistance in the form of grants as authorized in section 22-43.7-109 (15).
(i) On June 1, 2023, the state treasurer shall transfer fifteen million dollars from the state education fund to the assistance fund.
(3) Subject to annual appropriation, the department may expend money in the assistance fund for the purposes of paying the direct and indirect administrative costs, including but not limited to the costs of conducting or contracting for the financial assistance priority assessment required by section 22-43.7-108 (1), incurred by the division, the board, and the department in exercising their powers and duties pursuant to this article 43.7, providing financial assistance, making payments required by section 22-43.7-114, and paying any transaction costs necessarily incurred in connection with the provision of financial assistance as authorized by this article 43.7. For state fiscal year 2020-21, the general assembly shall appropriate sixty million dollars from the assistance fund for use by the board in providing financial assistance in the form of matching cash grants only.
(3.5) In determining the amount of financial assistance that it provides and in so doing managing the balance of the assistance fund, the board shall ensure that, effective June 30, 2013, and effective each June 30 thereafter, the balance of the assistance fund, not including the amounts credited to the charter school facilities assistance account pursuant to subsection (2)(d) of this section, is at least equal to the total amount of payments to be made by the state during the next fiscal year under the terms of any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) less the amount of any school district matching money and any federal money to be received for the purpose of making the payments.
(4) For each fiscal year commencing on or after July 1, 2008, an emergency reserve of at least one million dollars shall be maintained in the assistance fund; except that an emergency reserve need not be maintained in any fiscal year in which the amount of either public school lands income or public school lands income other than interest or income earned on the deposit and investment of money in the public school fund, or both, credited to the assistance fund pursuant to subsection (2)(b)(I) of this section is an amount equal to the difference between the total amount of payments to be made by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) and the total amount of matching money to be paid to the state as payments under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) rather than, to the extent applicable, thirty-five percent of the gross amount of public school lands income received by the state during the fiscal year or fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received by the state during the fiscal year. The board may expend money from the emergency reserve only to provide emergency financial assistance to address a public school facility emergency in accordance with section 22-43.7-109 (8).
(5) If the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, any such interest or income credited to the assistance fund before the treasurer provides the written notice shall be segregated into a separate restricted account of the assistance fund. All interest and income earned on the deposit and investment of money in the restricted account shall be credited to the restricted account. Money in the restricted account shall not be commingled with other money in the assistance fund. Notwithstanding any other provision of law, money in the restricted account shall not be used and shall not be available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) unless and until the state treasurer, pursuant to subsection (2)(b)(I)(C) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided. Money in the restricted account may be used for the other purposes for which money in the assistance fund may be used under this article 43.7.
(6) If the amount of money in the assistance fund that, subject to the limitations set forth in subsection (5) of this section, is available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) will be insufficient to cover the full amount of the payments required by the financed purchase of an asset or certificate of participation agreements, the general assembly may appropriate or transfer from any legally available source to the assistance fund sufficient money to make the payments.
(7) In its budget request submitted to the joint budget committee each November 1, the office of state planning and budgeting shall report the amount of revenue that was credited to the state public school fund for the prior state fiscal year pursuant to subsection (1)(b) of this section. The joint budget committee must consider the amount of revenue that was credited to the state public school fund and whether to continue crediting money to the state public school fund pursuant to subsection (1)(b) of this section.
Source: L. 2008: Entire article R&RE, p. 1043, � 1, effective May 22. L. 2009: (2)(b)(I), (2)(b)(II), and (4) amended and (2)(b)(V), (5), and (6) added, (SB 09-257), ch. 424, pp. 2364, 2366, �� 2, 3, effective June 4. L. 2013: (3.5) added, (SB 13-214), ch. 398, p. 2324, � 2, effective June 5. L. 2014: (3) amended, (SB 14-112), ch. 47, p. 224, � 1, effective March 20; (2)(d) added, (HB 14-1287), ch. 226, p. 842, � 2, effective May 17; (2)(b)(I), (3), and (3.5) amended and (2)(d) added, (HB 14-1292), ch. 243, p. 910, � 15, effective May 21. L. 2018: (2)(d) amended, (HB 18-1070), ch. 322, p. 1929, � 1, effective May 30. L. 2019: (2)(d) and (3) amended and (2)(e) added, (HB 19-1055), ch. 246, p. 2402, � 1, effective May 21. L. 2020: (2)(d) and (3) amended and (2)(f) added, (HB 20-1418), ch. 197, p. 941, � 6, effective June 30. L. 2021: (2)(g) added, (SB 21-207), ch. 76, p. 300, � 1, effective April 30; (2)(h) added, (SB 21-202), ch. 248, p. 1350, � 1, effective June 16; (2)(b)(III) amended, (HB 21-1318), ch. 272, p. 1579, � 3, effective June 21; IP(2)(b), (2)(b)(I), (2)(b)(II), (2)(b)(IV), (3.5), (4), (5), and (6) amended, (HB 21-1316), ch. 325, p. 2002, � 15, effective July 1. L. 2022: (2)(g) amended, (HB 22-1341), ch. 136, p. 917, � 1, effective April 25. L. 2023: (2)(g) amended and (2)(i) added, (SB 23-220), ch. 183, p. 894, � 4, effective May 12. L. 2024: (2)(d) amended, (HB 24-1448), ch. 236, p. 1512, � 11, effective May 23. L. 2025: (1) and (2)(d)(I) amended and (2)(d.5) and (7) added, (HB 25-1320), ch. 236, p. 1171, � 20, effective May 23; (2)(g) amended, (SB 25-268), ch. 374, p. 2017, � 4, effective June 3.
Editor's note: Amendments to subsection (2)(d) by HB 14-1287 and HB 14-1292 were harmonized. Amendments to subsection (3) by SB 14-112 and HB 14-1292 were harmonized.
Cross references: (1) For the short title (Student Success Act) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014.
(2) For the legislative declaration in HB 14-1287, see section 1 of chapter 226, Session Laws of Colorado 2014. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in SB 23-220, see section 1 of chapter 183, Session Laws of Colorado 2023. For the legislative declaration in HB 25-1320, see section 1 of chapter 236, Session Laws of Colorado 2025.
22-43.7-105. Division of public school capital construction assistance - creation - director - function - powers and duties. (1) (a) There is hereby created within the department a division of state government to be known and designated as the division of public school capital construction assistance, the head of which shall be the director of the division of public school capital construction assistance. Pursuant to section 13 of article XII of the state constitution, the commissioner of education shall appoint the director, and the commissioner shall give good faith consideration to the recommendations of the state board and the board prior to appointing the director. The commissioner shall also appoint such other personnel as may be necessary to fulfill the functions and exercise the powers and duties of the division.
(b) The division and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.
(2) The function of the division is to provide professional and technical support to the board as the board exercises its powers and duties as specified in this article so that financial assistance can be provided for public schools in an equitable, efficient, and effective manner. In furtherance of its function, the division, subject to board direction, has the following powers and duties:
(a) To support the board in establishing public school facility construction guidelines pursuant to section 22-43.7-107;
(b) To support the board in conducting or causing to be conducted the financial assistance priority assessment of public schools throughout the state required by section 22-43.7-108, and, as part of such support, to inspect and assess public school facilities or evaluate the results of any such inspection and assessment conducted by any contractor retained by the board;
(c) At the request of the board, to undertake a preliminary review of financial assistance applications submitted by applicants and assist the board in the development of the prioritized list of public school facility capital construction projects recommended for financial assistance that the board is required to prepare pursuant to section 22-43.7-106 (2)(c);
(d) To assist applicants and potential applicants in identifying critical capital construction needs using the public school facility construction guidelines as specified in section 22-43.7-107; and
(e) To exercise such other powers and duties as may be necessary to adequately fulfill its function.
(3) In addition to the functions of the division specified in subsection (2) of this section, if the governor declares, by executive order or proclamation, a disaster emergency in any area of the state pursuant to section 24-33.5-704 (4), C.R.S., the division shall, as soon as possible following the declaration of the disaster emergency, contact each affected school facility in any area of the state in which the governor declared the disaster emergency to assess any facility needs resulting from the declared disaster emergency. The division must report its findings to the board as soon as possible following its outreach.
Source: L. 2008: Entire article R&RE, p. 1045, � 1, effective May 22. L. 2014: (3) added, (HB 14-1287), ch. 226, p. 843, � 3, effective May 17. L. 2022: (1)(b) amended, (SB 22-162), ch. 469, p. 3360, � 28, effective August 10.
Cross references: (1) For the legislative declaration in HB 14-1287, see section 1 of chapter 226, Session Laws of Colorado 2014.
(2) For the short title (the Debbie Haskins 'Administration Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
22-43.7-106. Public school capital construction assistance board - creation - general powers and duties - rules. (1) (a) There is created in the department the public school capital construction assistance board. The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The board consists of nine appointed members, none of whom shall hold any state elective office. Five voting members of the board constitute a quorum. Board members are appointed as follows:
(I) The state board shall appoint three members from different areas of the state and from urban, suburban, and rural school districts. The members appointed by the state board shall all have demonstrated experience regarding public school facility issues and shall include:
(A) One member who is a school district board member at the time of appointment;
(B) One member who is a public school superintendent or administrator at the time of appointment or has recent experience as a public school superintendent or administrator; and
(C) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager.
(II) The governor shall appoint three members. The members appointed by the governor shall include:
(A) One member who is an architect whose professional practice includes the design and rehabilitation of public school facilities at the time of appointment or who has recent experience rehabilitating existing public school facilities and designing new public school facilities;
(B) One member who is an engineer whose professional practice at the time of appointment includes public school facilities engineering or who has recent experience in public school facilities engineering; and
(C) One member who is a construction manager who at the time of appointment manages public school facilities construction projects or who has recent experience managing such projects.
(III) The general assembly shall appoint three members, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and one of whom shall be appointed jointly by the minority leaders of the house of representatives and the senate. The members appointed by the general assembly shall include:
(A) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager;
(B) One member who has expertise in technology, including but not limited to technology for individual student learning and classroom instruction; and
(C) One member who has public school finance expertise and knowledge regarding public school trust lands.
(b) Members of the board shall serve for terms of two years and may serve up to three consecutive terms; except that the terms shall be staggered so that no more than five members' terms expire in the same year. The appointing authority for a member may remove the member for any cause that renders the member incapable of discharging or unfit to discharge the member's duties. The appropriate appointing authority shall fill any vacancy in the membership of the board by appointment, and a member appointed to fill a vacancy shall serve until the expiration of the term for which the vacancy was filled. Members of the board serve without compensation but are entitled to reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. The board shall elect a chair from among its members.
(2) The function of the board is to protect the health and safety of students, teachers, and other persons using public school facilities and maximize student achievement by ensuring that the condition and capacity of public school facilities are sufficient to provide a safe and uncrowded environment that is conducive to students' learning. In performing its function, the board shall ensure the most equitable, efficient, and effective use of state revenues dedicated to provide financial assistance for capital construction projects pursuant to the provisions of this article 43.7 by assessing public school capital construction needs throughout the state and providing expert recommendations based on objective criteria to the state board regarding the appropriate prioritization and allocation of such financial assistance. To further the performance of its function, the board, in addition to any other powers and duties specified in this article 43.7, has the following powers and duties:
(a) To establish public school facility construction guidelines as specified in section 22-43.7-107 to use in reviewing financial assistance applications and recommending to the state board a prioritized list of projects recommended to receive financial assistance as specified in paragraph (c) of this subsection (2);
(b) As soon as possible following the establishment of school facility construction guidelines pursuant to paragraph (a) of this subsection (2), to conduct or contract for a financial assistance priority assessment of public school buildings and facilities in this state based on the criteria set forth in section 22-43.7-107 (2);
(c) To review financial assistance applications and prepare and submit to the state board a prioritized list of projects to receive financial assistance and the amount and type of financial assistance that should be provided for each project;
(d) To establish guidelines for the division to follow when assisting potential applicants in identifying critical capital construction needs and preparing financial assistance applications pursuant to section 22-43.7-105 (2)(d);
(e) With the support of the division, to assist applicants that cannot feasibly maintain their own construction management staff in implementing the projects for which financial assistance is provided, including but not limited to providing assistance with the preparation of requests for bids or proposals, contract negotiations, contract implementation, and project and construction management;
(f) With the support of the division, to assist applicants in implementing energy-efficient public school facility design and construction practices;
(g) To authorize the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state as authorized by this article 43.7 in order to finance public school facility capital construction;
(h) To enter into sub-financed purchase of an asset or certificate of participation agreements on behalf of the state to sub-finance public school facilities financed by the financed purchase of an asset or certificate of participation agreements to applicants; and
(i) (I) To promulgate such rules, in accordance with article 4 of title 24, C.R.S., as are necessary and proper for the administration of this article, including but not limited to:
(A) Conflict of interest rules for board members;
(B) Rules establishing evaluation criteria for matching moneys requirement waiver or reduction applications submitted to the board pursuant to section 22-43.7-109 (10); and
(C) Rules establishing the means by which public school facilities and projects financed in whole or in part with financial assistance provided pursuant this article are to be publicly identified as having been so financed.
(II) The board shall provide a copy of any proposed board rule to the state board on or before the date on which the board issues a notice of proposed rule-making for the rule pursuant to section 24-4-103 (3), C.R.S.
Source: L. 2008: Entire article R&RE, p. 1046, � 1, effective May 22. L. 2009: IP(1)(a) amended, (SB 09-257), ch. 424, p. 2367, � 4, effective June 4. L. 2021: IP(2), (2)(g), and (2)(h) amended, (HB 21-1316), ch. 325, p. 2005, � 16, effective July 1. L. 2022: (1)(b) amended, (SB 22-013), ch. 2, p. 28, � 35, effective February 25; IP(1)(a) amended, (SB 22-162), ch. 469, p. 3360, � 29, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administration Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
22-43.7-107. Public school facility construction guidelines - establishment by board - use. (1) (a) The board shall establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs throughout the state as required by section 22-43.7-108, reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of awards of financial assistance from the assistance fund only to applicants. The board shall establish the guidelines in rules promulgated in accordance with article 4 of title 24, C.R.S.
(b) It is the intent of the general assembly that the public school facility construction guidelines established by the board be used only for the purposes specified in paragraph (a) of this subsection (1).
(2) The public school facility construction guidelines must identify and describe the capital construction, renovation, and equipment needs in public school facilities and means of addressing those needs that will provide educational and safety benefits at a reasonable cost. In preparing the guidelines, the board shall address the following considerations:
(a) Health and safety issues, including security needs and all applicable building, health, safety, and environmental codes and standards required by state and federal law;
(b) Technology, including but not limited to telecommunications and internet connectivity technology, technology for individual student learning and classroom instruction, and technology, as defined in section 22-43.7-109 (5)(a)(I)(B), which includes hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher;
(c) Building site requirements;
(d) Building performance standards and guidelines, including but not limited to green building and energy efficiency criteria as specified in executive order D0012 07, Greening of State Government: Detailed Implementation, issued by the governor on April 16, 2007, or any subsequent executive orders or other policy directives concerning green building and energy efficiency criteria issued by the governor or the Colorado energy office;
(e) Consultation with the incumbent electric utility regarding energy efficiency; beneficial electrification, as defined in section 40-1-102 (1.2); and renewable distributed generation opportunities;
(f) Functionality of existing and planned public school facilities for core educational programs, particularly those educational programs for which the state board has adopted state model content standards;
(g) Capacity of existing and planned public school facilities, taking into consideration potential expansion of services for the benefit of students such as full-day kindergarten and preschool- and school-based health services;
(h) Public school facility accessibility; and
(i) The historic significance of existing public school facilities and the potential to meet current programming needs by rehabilitating such facilities.
(3) The board and the division shall apply the public school facility construction guidelines in conducting the financial assistance priority assessment required by section 22-43.7-108.
Source: L. 2008: Entire article R&RE, p. 1049, � 1, effective May 22. L. 2012: (2)(d) amended, (HB 12-1315), ch. 224, p. 958, � 4, effective July 1. L. 2017: (2)(b) amended, (HB 17-1082), ch. 392, p. 2020, � 2, effective June 6. L. 2020: (2) amended, (SB 20-124), ch. 223, p. 1098, � 1, effective September 14. L. 2021: (2)(e) amended, (SB 21-246), ch. 283, p. 1682, � 6, effective September 7.
Cross references: For the legislative declaration in SB 21-246, see section 1 of chapter 283, Session Laws of Colorado 2021.
22-43.7-108. Statewide financial assistance priority assessment - public school facilities. (1) (a) As soon as possible following the establishment of the public school facility construction guidelines pursuant to section 22-43.7-107, the board shall conduct with the assistance of the division, or contract for, a financial assistance priority assessment of public school facilities throughout the state as provided in this section. The board shall order payment of the costs incurred in conducting or contracting for the financial assistance priority assessment from the assistance fund.
(b) It is the intent of the general assembly that the financial assistance priority assessment required by this section be used only for the purposes specified in paragraph (a) of this subsection (1) and section 22-43.7-107 (1)(a).
(2) (a) The financial assistance priority assessment shall assess public school facility capital construction projects based on:
(I) The condition of the public school facility;
(II) Air and water quality in the public school facility;
(III) Public school facility space requirements;
(IV) The ability to accommodate educational technology, including but not limited to technology for individual student learning and classroom instruction;
(V) Site requirements for the public school facility;
(VI) Public school facility demographics, including a five-year projection concerning anticipated substantial changes in the pupil count of individual public school facilities; and
(VII) Annualized utility
C.R.S. § 22-54-203
22-54-203. Start-up funding - rules - repeal. (1) For the 2025-26 budget year through the 2027-28 budget year, the department shall use this section to determine each local education provider's postsecondary and workforce readiness start-up funding.
(2) (a) A local education provider's start-up funding is determined by a
formula developed or adopted by the state board.
(b) The state board shall develop or adopt a formula to determine a local
education provider's start-up funding. The purpose of the formula is to enhance equity in access to postsecondary and workforce readiness programs by allocating funds to local education providers whose characteristics are considered by the formula's factors and demonstrate the need for resources to achieve equity through developing and implementing postsecondary and workforce readiness programs. At a minimum, the formula must include factors that reflect the local education provider's:
(I) Participation in postsecondary and workforce readiness opportunities;
(II) Percentage of students who are enrolled in grades nine through twelve
and are eligible for free or reduced-price lunch pursuant to the provisions of the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq.;
(III) Chronic absenteeism rate of students who are enrolled in grades nine
through twelve;
(IV) High school graduation rate; and
(V) Dropout rate, excluding students who are or were enrolled in an
alternative school.
(c) The state board shall establish a minimum number of students and a
maximum number of students to be used as a part of the student count in determining start-up funding so that, notwithstanding the local education provider's actual student count used for purposes of determining start-up funding, a local education provider's student count is not less than the minimum number or more than the maximum number. The purpose of establishing a minimum number of students and a maximum number of students is to ensure that start-up funding is not disproportionately distributed.
(d) The data used for each factor of the formula must be the most recent
data validated by the department.
(e) The formula may apply a different weight to each factor.
(f) The formula must apply a higher weight to previously low participation in
postsecondary and workforce readiness opportunities.
(g) The department shall calculate and distribute the start-up funds
determined pursuant to this section.
(3) (a) A local education provider shall use start-up funding for eligible
expenses that are associated with developing and implementing a postsecondary and workforce readiness program that aligns with the state's workforce demands or priorities and supports students in successfully earning postsecondary credit or industry-recognized credentials, or successfully completing work-based learning requirements. Categories of eligible expenses include, but are not limited to:
(I) Program planning and design;
(II) Course materials, technology, and equipment;
(III) Professional development, certification, authorization, or licensure;
(IV) Contracting with an entity or hiring school staff to support the
development and implementation of a postsecondary and workforce readiness program;
(V) Individual career and academic plan resources, as described in section
22-2-136, and supports, including academic and career advising and exploration; and
(VI) Costs associated with concurrent enrollment.
(b) Local education providers are encouraged to collaborate with each other
to maximize economies of scale and expand student access to a postsecondary and workforce readiness program.
(4) The state board shall adopt rules governing:
(a) Additional eligibility requirements for a local education provider to
receive start-up funding pursuant to this section. Eligibility requirements may vary based on the type of local education provider.
(b) The formula developed or adopted pursuant to subsection (2) of this
section;
(c) Categories of eligible expenses and eligible expenses within the
categories;
(d) Eligibility for, and distribution of, funding for eligible expenses within the
categories described in subsection (3) of this section. Eligibility may require satisfaction of certain conditions. Eligibility and distribution rates may be categorized or limited based on local-education-provider-specific demographics or other features as specified by state board rule.
(e) Requirements of local education providers that receive funding pursuant
to this section; and
(f) Any other rules deemed necessary by the state board for the purposes of
this section.
(5) The department may not use more than five percent of the total amount
of start-up funding in the 2026-27 budget year through the 2027-28 budget year to offset the direct and indirect costs incurred in administering start-up funding.
(6) This section is repealed, effective July 1, 2029.
Source: L. 2025: Entire part added, (SB 25-315), ch. 237, p. 1182, � 1, effective
May 23.
C.R.S. § 22-54-204
22-54-204. John W. Buckner postsecondary and workforce readiness innovation grant program - creation - funding - rules. (1) Beginning in the 2028-29 budget year, the John W. Buckner postsecondary and workforce readiness innovation grant program is created in the department to provide grants to local education providers that:
(a) Are required to adopt a priority improvement plan or a turnaround plan, or
authorize schools that are required to adopt a priority improvement plan or a turnaround plan, for the current or prior school year; or
(b) Demonstrate, or authorize a school that demonstrates, a low level of
attainment on the postsecondary and workforce readiness indicator for the prior school year.
(2) (a) The local education provider shall use innovation grant program
funding for eligible expenses associated with developing and implementing a postsecondary and workforce readiness program that aligns with the state's workforce demands or priorities and supports students in successfully earning postsecondary credit or industry-recognized credentials, or successfully completing work-based learning requirements. Categories of eligible expenses include, but are not limited to:
(I) Program planning and design;
(II) Course materials, technology, and equipment;
(III) Professional development, certification, authorization, or licensure;
(IV) Contracting with an entity or hiring school staff to support the
development and implementation of a postsecondary and workforce readiness program;
(V) Individual career and academic plan resources, as described in section
22-2-136, and supports, including academic and career advising and exploration; and
(VI) Costs associated with concurrent enrollment.
(b) Local education providers are encouraged to collaborate with each other
to maximize economies of scale and expand student access to a postsecondary and workforce readiness program.
(3) (a) The department shall administer the innovation grant program,
including reviewing the applications received pursuant to this section.
(b) The department shall make grant award determinations.
(c) In making grant award determinations, the department shall consider:
(I) Whether the local education provider is required to adopt a priority
improvement plan or a turnaround plan for the current or prior school year;
(II) The concentration of schools of a school district, or the concentration of
institute charter schools of the state charter school institute, that must implement a priority improvement plan or a turnaround plan;
(III) Whether the local education provider has been identified under the state
accountability system as declining in performance; and
(IV) The local education provider's level of attainment on the postsecondary
and workforce readiness indicator, as described in section 22-11-204, in the prior year.
(d) In making grant award determinations, the department may consider and
prioritize grant awards to local education providers that have a higher than average percentage of students who are English language learners, that have a higher than average percentage of students who are enrolled in grades nine through twelve and are eligible for free or reduced-price lunch pursuant to the provisions of the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq., that are a rural or small rural school district, or that have a limited capacity to offer postsecondary workforce readiness programs.
(e) Subject to available funding based on annual appropriations, each grant
awarded may continue for up to three budget years. The department shall annually review each grant recipient's use of the grant award and may rescind remaining grant funds if the department finds that the grant recipient is not making adequate progress toward achieving the goals of the intended use of the grant award.
(4) The state board may adopt rules governing:
(a) Application requirements;
(b) Additional eligibility and prioritization requirements for a local education
provider to receive funding pursuant to this section;
(c) Eligible expenses within the categories described in subsection (2) of this
section;
(d) Requirements of local education providers that receive funding pursuant
to this section; and
(e) Any other rules deemed necessary by the state board for the purposes of
this section.
(5) (a) The department may use not more than five percent of the total
amount of innovation grant program funding to offset the direct and indirect costs incurred in administering the innovation grant program.
(b) Of the money annually appropriated for the innovation grant program, the
department may expend an amount that is necessary to enter into one or more contracts with a public or private entity to provide the uses described in subsection (2)(a) of this section to multiple local education providers that are eligible for an innovation grant. The entity shall use research-based strategies and have a proven record of success working with schools under similar circumstances.
Source: L. 2025: Entire part added, (SB 25-315), ch. 237, p. 1184, � 1, effective
May 23.
C.R.S. § 22-54-205
22-54-205. Sustain funding - rules - repeal. (1) For the 2026-27 budget year, and each budget year thereafter, the department shall use this section to determine each local education provider's postsecondary and workforce readiness sustain funding. To the extent possible, the department shall use existing data and each local education provider shall provide data to the department to inform the department of each local education provider's sustain funding amount.
(2) (a) A local education provider is eligible to receive reimbursement for
students who, in the preceding budget year, successfully satisfied postsecondary credit, received an industry-recognized credential, or satisfied work-based learning requirements as specified by state board rule. A local education provider is eligible to receive multiple reimbursements for one student. A local education provider is eligible for reimbursement for students who are enrolled in a p-tech school or participating in a TREP program.
(b) (I) For the 2026-27 budget year, the department shall divide the total
amount of sustain funding for reimbursement into the following categories:
(A) Twenty percent of the total amount of sustain funding for reimbursement
for postsecondary credit attainment;
(B) Forty percent of the total amount of sustain funding for reimbursement
for industry-recognized credentials earned;
(C) Thirty-five percent of the total amount of sustain funding for
reimbursement for work-based learning; and
(D) Five percent of the total amount of sustain funding to offset the direct
and indirect costs incurred in administering the sustain funding.
(II) Notwithstanding subsection (2)(b)(I) of this section, if money that is
allocated to a category is not expended because of insufficient demand, the money may be reallocated to another category to satisfy that category's demand.
(III) This subsection (2)(b) is repealed, effective July 1, 2028.
(c) (I) For the 2027-28 budget year, and each budget year thereafter, the
state board shall determine the percentages of the total amount of sustain funding for reimbursement assigned to the postsecondary credit attainment, industry-recognized credentials, and work-based learning categories; except that the five percent of the total amount of sustain funding to offset the direct and indirect costs incurred in administering the sustain funding must not be changed. The percentages for each category are determined by state board rule.
(II) In determining the percentages of the total amount of sustain funding for
reimbursement assigned to each category pursuant to subsection (2)(c)(I) of this section, the state board shall consider the availability of postsecondary and workforce readiness opportunities offered by local education providers, student participation, and evidence of student outcomes.
(III) Notwithstanding subsection (2)(c)(I) of this section, if money that is
allocated to a category is not expended because of insufficient demand, the money may be reallocated to another category to satisfy that category's demand.
(d) A local education provider may receive funding from one or multiple
categories described in subsection (2)(b)(I) of this section in each budget year; except that in a budget year when the general assembly does not appropriate a sufficient amount to fully fund the distributions required pursuant to this section, the department shall reduce the amount of each eligible local education provider's distribution by a proportionate percentage of the amount required to fully fund the distributions required pursuant to this section.
(3) (a) A local education provider shall use sustain funding for expenses that
are associated with maintaining and expanding its postsecondary and workforce readiness program that aligns with the state's workforce demands or priorities. Categories of eligible expenses include, but are not limited to:
(I) Program planning and design;
(II) Course materials, technology, and equipment;
(III) Professional development, certification, authorization, or licensure;
(IV) Contracting with an entity or hiring school staff to support the
development and implementation of a postsecondary and workforce readiness program;
(V) Individual career and academic plan resources, as described in section
22-2-136, and supports, including academic and career advising and exploration;
(VI) Costs associated with concurrent enrollment; and
(VII) Wages for employed apprentices participating in registered
apprenticeships.
(b) Local education providers are encouraged to collaborate with each other
to maximize economies of scale and expand student access to a postsecondary and workforce readiness program.
(4) The state board shall adopt rules governing:
(a) Additional eligibility requirements for a local education provider to
receive funding pursuant to this section, including criteria that constitute a student's successful satisfaction of postsecondary credit, industry-recognized credential, or work-based learning requirements. Eligibility requirements may vary based on the type of local education provider.
(b) Categories of eligible expenses, and eligible expenses within the
categories;
(c) Reimbursement eligibility and rates, including limits on a local education
provider's annual total reimbursement and annual reimbursement from one or multiple categories, based on local-education-provider-specific features or other features;
(d) Requirements of a local education provider that receives funding
pursuant to this section; and
(e) Any other rules deemed necessary by the state board for the purposes of
this section.
(5) (a) A school district that authorizes a charter school shall forward to the
district charter school an amount equal to one hundred percent of the sustain funding amount that the school district receives for a student who is enrolled in the district charter school and who satisfies the criteria that constitute the student's successful satisfaction of postsecondary credit, industry-recognized credential, or work-based learning requirements.
(b) The state charter school institute shall forward to an institute charter
school an amount equal to one hundred percent of the sustain funding amount that the state charter school institute receives for a student who is enrolled in the institute charter school and who satisfies the criteria that constitute the student's successful satisfaction of postsecondary credit, industry-recognized credential, or work-based learning requirements.
Source: L. 2025: Entire part added, (SB 25-315), ch. 237, p. 1186, � 1, effective
May 23.
C.R.S. § 22-62-104
22-62-104. Payment of cost from public funds. (1) The respective governing boards of state colleges and universities are authorized to pay the contracting boards of education for the services of teachers who supervise student teachers and, if an agreement has been entered into pursuant to subsection (2) of this section, to student teachers in an amount determined by the respective governing boards.
(2) Each school district may, by mutual consent of the parties to the
agreement, provide compensation to student teachers.
(3) All moneys authorized for the payment of services under this section
shall be paid directly to teachers and, if an agreement has been entered into pursuant to subsection (2) of this section, to student teachers. No such moneys shall be utilized for the payment of administrative costs.
Source: L. 73: p. 1317, � 1. C.R.S. 1963: � 123-45-4. L. 75: (2) amended, p. 729,
� 3, effective May 22. L. 95: Entire section amended, p. 571, � 1, effective May 22.
C.R.S. § 22-94-102
22-94-102. Contract to create quality teacher recruitment program. (1) The department shall contract with a vendor, in partnership with a district, to create a quality teacher recruitment program to recruit, select, train, and retain licensed teachers to teach in public schools and in school districts in the state that can demonstrate a historic difficulty in recruiting and retaining licensed teachers. In contracting with a vendor in partnership with a district, the department shall ensure that the vendor will place licensed teachers in the district by the beginning of the 2014-15 school year.
(2) In awarding a contract pursuant to subsection (1) of this section, the
department shall take into consideration the number of districts in which the vendor will place licensed teachers, the number of licensed teachers that the vendor will place, and the potential number of children who will be taught by the licensed teachers. The department shall ensure that it awards the contract to one or more vendors that satisfy the following criteria:
(a) The vendor commits to working with one or more school districts in the
state for at least two years to recruit and place licensed teachers;
(b) The vendor has a documented history of recruiting, training, and retaining
licensed teachers in areas of Colorado or other states that have had historic difficulty in recruiting and retaining licensed teachers, including areas with educator shortages caused by geographical locations or content areas;
(c) The vendor commits to placing only teachers who are licensed;
(d) The vendor can demonstrate that the teachers it has placed in public
schools and school districts in the past, either in Colorado or in other states, achieve high academic growth from their students based on state achievement data or independent studies;
(e) The vendor has a documented history of providing professional
development for teachers, including induction, training, on-going support, and evaluations; and
(f) The vendor commits to matching no less than one hundred percent of any
money that the department pays through a contract entered into pursuant to subsection (1) of this section. A vendor that responds to the department's solicitation for a contract issued pursuant to subsection (1) of this section shall provide written documentation from one or more private or corporate donors, or one or more school districts or other local governments, that pledge to make gifts, grants, donations, or other pledges of money, which may include impact income, success payments, and sponsorship and event income, but shall not include money received from program participants, to the vendor that, in total, equal at least the amount that the department has specified will be available for the purposes of a contract pursuant to subsection (1) of this section for the applicable fiscal year. The written documentation must also include the date by which the vendor will receive the gifts, grants, donations, or other money to be used in furtherance of the requirements of this article 94.
(3) The vendor with which the department contracts to operate a program
pursuant to this article 94 shall use any money paid to the vendor in connection with the contract to recruit, train, and place licensed teachers to teach in public schools or school districts in Colorado that have had historic difficulty in recruiting and retaining licensed teachers. The vendor shall provide the necessary administrative services to operate the program and shall not use any state money for these purposes.
Source: L. 2013: Entire article added, (SB 13-260), ch. 236, p. 1145, � 12,
effective May 17. L. 2021: (1), IP(2), (2)(a), (2)(b), (2)(c), and (3) amended, (SB 21-185), ch. 246, p. 1338, � 21, effective September 7. L. 2022: (2)(f) amended, (HB 22-1390), ch. 237, p. 1748, � 13, effective May 26.
Cross references: For the legislative declaration in HB 22-1390, see section 1
of chapter 237, Session Laws of Colorado 2022.
C.R.S. § 23-20-114
23-20-114. Employment of medical personnel. (1) The board of regents of the university of Colorado has authority to employ medical personnel who are not citizens of the United States at the university of Colorado health sciences center, the university of Colorado psychiatric hospital, and the medical division of the graduate school of the university of Colorado. Medical personnel who are not citizens of the United States are exempt from the licensure requirements of the Colorado Medical Practice Act, article 240 of title 12, with respect to services performed in the course of such employment, but such personnel shall first comply with all other requirements of said act, which includes the taking and passing of examinations approved by the Colorado medical board and by the National Board of Medical Examiners, the National Board of Examiners for Osteopathic Physicians and Surgeons, or the Federation of State Medical Boards, or their successor organizations, on subjects relating to the basic sciences as provided by law within three months after the date of employment unless such examinations are not required by section 12-240-110 (1)(b). Such exemptions from licensure or provisions in this section provided for such personnel who are not citizens of the United States shall continue only during the minimum period of time within which the particular individual can become a citizen according to the laws of the United States and the regulations of the immigration and naturalization service of the United States, department of justice, or any successor agency, or such additional time as may be granted by such boards. The exemptions in this section are limited to services performed in the course of employment with the university of Colorado as limited in this section and shall terminate when such employment terminates.
(2) (a) The board of regents may arrange for the billing, collection, and
disbursement for professional services rendered by physicians and other faculty members of the health sciences schools through a nonprofit corporation or through a contractual arrangement with a profit or nonprofit corporation or through such other mechanism as may be authorized by the board of regents. Any mechanism employed under the authority of this subsection (2) shall be self-supporting. Any such mechanism shall allow for contracting with the board of regents or the state of Colorado for reimbursement of physician services provided for the medically indigent.
(b) The fees collected under this subsection (2) shall be used for the
remuneration and support of the professional, research, and educational activities of the members of the faculty of the health sciences schools and shall also be used for the administrative costs of such activities, in accordance with rules to be adopted by the board of regents.
(c) The board of regents, at the request of the general assembly, the joint
budget committee, or the state auditor, shall provide a report of the financial status of any funds maintained pursuant to this subsection (2), including but not limited to expenditures, revenues, and the number of staff and faculty involved.
(d) Nothing in this subsection (2) shall be construed to give the board of
regents any control over or power to arrange for the billing, collection, and disbursement of hospital fees of the university of Colorado hospital authority operating the university of Colorado university hospital pursuant to the provisions of part 5 of article 21 of this title, any control over how such hospital fees are spent in the operation of the hospital, or any control over the hospital's gross income, the budget and spending of the hospital, or the hospital's authority to borrow money or incur debt.
Source: L. 63: p. 874, � 1. C.R.S. 1963: � 124-2-33. L. 76: Entire section
amended, p. 415, � 11, effective July 1. L. 77: Entire section amended, p. 280, � 27, effective August 1. L. 79: Entire section amended, p. 524, � 29, effective July 1. L. 89: Entire section amended, p. 1003, � 2, effective October 1. L. 91: Entire section amended, p. 585, � 4, effective October 1. L. 2010: (1) amended, (HB 10-1260), ch. 403, p. 1988, � 80, effective July 1. L. 2011: (1) amended, (HB 11-1303), ch. 264, p. 1163, � 52, effective August 10. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1683, � 119, effective October 1.
Editor's note: This section was amended in House Bill No. 1143, enacted by
the General Assembly at its first regular session in 1989, as a conforming amendment necessitated by the authorization for the operation of the university of Colorado university hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public Employees v. Board of Regents, 804 P. 2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the General Assembly at its first regular session in 1991, authorized the operation of university hospital by a newly created university of Colorado hospital authority. Since the previous act was declared unconstitutional in its entirety, the General Assembly elected to make a similar conforming amendment to this section in Senate Bill 91-225. For further explanation of the circumstances surrounding the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of chapter 99, Session Laws of Colorado 1991.
C.R.S. § 23-20-135
23-20-135. Contracting debt forbidden, when. The board of regents is prohibited from creating any debt against the university, in any manner encumbering the same, or incurring any expense beyond its ability to pay from the annual income of the university for the current year.
Source: G.L. � 2774. G.S. � 3465. R.S. 08: � 6962. C.L. � 8033. CSA: C. 169, �
- CRS 53: � 124-2-33. C.R.S. 1963: � 124-2-23.
C.R.S. § 23-21-513
23-21-513. General powers of the authority. (1) In addition to any other powers granted to the authority in this part 5, the authority shall have the following powers:
(a) To have the duties, privileges, immunities, rights, liabilities, and
disabilities of a body corporate and political subdivision of the state;
(b) To have perpetual existence and succession;
(c) To adopt, have, and use a seal and to alter the same at its pleasure;
(d) To sue and be sued;
(e) To enter into any contract or agreement not inconsistent with this part 5
or the laws of this state and to authorize the executive director to enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this part 5 and to secure the payment of bonds;
(f) To borrow money and to issue bonds evidencing the same;
(g) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold,
improve, mortgage, lease, sell, and dispose of personal property, whether tangible or intangible, and any interest therein; and to purchase, lease, trade, exchange, or otherwise acquire real property or any interest therein and to maintain, hold, improve, mortgage, lease, and otherwise transfer such real property, so long as such transactions do not interfere with the mission of the authority as specified in section 23-21-504;
(h) To acquire space, equipment, services, supplies, and insurance necessary
to carry out the purposes of this part 5;
(i) To deposit any moneys of the authority in any banking institution within or
without the state or in any depository authorized in section 24-75-603, C.R.S., and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the moneys of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board of directors requires;
(j) To contract for and to accept any gifts, grants, and loans of funds,
property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this part 5, with the terms and conditions thereof;
(k) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this part 5, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5;
(l) To fix the time and place or places at which its regular and special
meetings are to be held. Meetings shall be held on the call of the presiding officer, but no less than eight meetings shall be held annually.
(m) To adopt and from time to time amend or repeal bylaws and rules and
regulations consistent with the provisions of this part 5; except that article 4 of title 24, C.R.S., shall not apply to the promulgation of any policies, procedures, rules, or regulations of the authority;
(n) To appoint one or more persons as secretary and treasurer of the board
and such other officers as the board of directors may determine and provide for their duties and terms of office; except that the president of the university of Colorado shall designate the director who shall be the presiding officer of the board of directors;
(o) To appoint an executive director and such agents, employees, and
professional and business advisers as may from time to time be necessary in its judgment to accomplish the purposes of this part 5, to fix the compensation of such executive director, employees, agents, and advisers, and to establish the powers and duties of all such agents, employees, and other persons contracting with the authority;
(p) To waive, by such means as the authority deems appropriate, the
exemption from federal income taxation of interest on the authority's bonds, notes, or other obligations provided by the Internal Revenue Code of 1986, as amended, or any other federal statute providing a similar exemption;
(q) To make and execute agreements, contracts, and other instruments
necessary or convenient in the exercise of the powers and functions of the authority under this part 5, including but not limited to contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies are hereby authorized to enter into and do all things necessary to perform any such arrangement or contract with the authority.
(r) To arrange for guaranties or insurance of its bonds, notes, or other
obligations by the federal government or by any private insurer, and to pay any premiums therefor.
Source: L. 91: Entire part added, p. 568, � 2, effective June 1. L. 2011: (1)(n)
amended, (HB 11-1164), ch. 116, p. 363, � 1, effective April 20.
C.R.S. § 23-21-802
23-21-802. Legislative declaration. (1) The general assembly finds that:
(a) In an effort to address the growing opioid addiction problem throughout
the nation, on July 22, 2016, President Obama signed into law the federal Comprehensive Addiction and Recovery Act of 2016, also referred to as CARA;
(b) CARA authorizes qualified nurse practitioners and physician assistants in
community- and office-based practice settings to prescribe certain medications used in the treatment of opioid addiction as a means of increasing access to treatment for opioid-dependent patients;
(c) Opioid addiction has emerged as a significant public health concern in
Colorado, with over ten thousand deaths attributed to drug overdose since 2000 and the annual rate of drug overdose deaths doubling from 7.8 deaths per one hundred thousand people in 2000 to 15.7 deaths per one hundred thousand people in 2015, a rate significantly higher than the national rate;
(d) Southeast Colorado comprises six percent of the state's population and
accounts for eighteen percent of admissions for heroin treatment, the Pueblo county jail sees over one thousand seven hundred opioid protocol prisoners each year, and the Pueblo fire department used an opioid antagonist to halt an opioid-related drug overdose event one hundred forty times in 2015;
(e) In Routt county, drug overdose death rates have increased nearly six-fold
from 2014 to 2016, and over sixty-five percent of these deaths were related to prescription opioids;
(f) Despite the prevalence of opioid addiction and opioid-related overdose
events in Pueblo and Routt counties, only three doctors in Pueblo county and one doctor in Routt county are able to provide medication-assisted treatment to opioid-dependent patients in those counties;
(g) Medication-assisted treatment, which includes the use of medication and
behavioral therapies to treat individuals with opioid addictive disorders:
(I) Has proven to be clinically effective and to significantly reduce the need
for inpatient detoxification services for individuals with opioid addictive disorders;
(II) Provides a comprehensive, individually tailored program of treatment for
opioid-dependent patients;
(III) Is intended to achieve full recovery;
(IV) Can contribute to lowering a person's risk of contracting HIV or hepatitis
C by reducing the potential for relapse; and
(V) Has improved patient survival rates, increased retention in treatment,
decreased illicit opioid use and other criminal activity among individuals with substance abuse disorders, increased patients' ability to attain and retain employment, and improved birth outcomes among pregnant women who have substance use disorders;
(h) In order to increase access to addiction treatment in areas of the state
where opioid addiction is prevalent, it is necessary to establish a pilot program to award grants to:
(I) Organizations, practices, or pharmacies with nurse practitioners, physician
assistants, or pharmacists to enable them to obtain the training and ongoing support required to prescribe medications, such as buprenorphine and all other medications and therapies approved by the federal food and drug administration, to treat opioid use disorders; and
(II) Community agencies to provide behavioral therapies, in conjunction with
medication treatment, to treat individuals with opioid use disorders; and
(i) Since the pilot program will provide access to treatment to individuals
with substance use disorders, the use of retail marijuana tax revenues to fund the pilot program is authorized under section 39-28.8-501 (2)(b)(IV)(C).
(2) The general assembly further finds that:
(a) Since its creation, the pilot program has achieved numerous successes
toward program goals as follows:
(I) With regard to the program goal of increasing the number of advanced
practice providers able to prescribe medications to treat individuals with opioid use disorders in Pueblo and Routt counties:
(A) Two medication-assisted treatment (MAT) programs in Pueblo county
were selected to receive funding and one MAT program was started in Routt county;
(B) As of August 2018, four providers certified to prescribe MAT medications
were added to the two MAT programs in Pueblo county and six MAT medication-certified prescribers are available in the Routt county program; and
(C) Through July 1, 2018, fifty providers received education on opioid use
disorders and related issues in assessment and treatment; and
(II) With regard to the program goal of increasing access to MAT services in
Pueblo and Routt counties:
(A) Pueblo county increased MAT services from a total of ninety-nine clients
treated through its two MAT programs in 2017 to five hundred seventy-six clients treated through the two programs through October 2018; and
(B) Routt county had very limited MAT services available in 2017 and,
through October of 2018, provided MAT services through its new MAT program to fifty clients;
(b) Given the successes of the program in expanding access to MAT services
in Pueblo and Routt counties, the pilot program should be extended and made available to additional areas of the state that are experiencing significant public health concerns due to the prevalence of opioid addiction and overdose incidences and inadequate numbers of providers;
(c) In the San Luis valley, which has approximately fifty thousand residents
and consists of the counties of Alamosa, Conejos, Costilla, Custer, Huerfano, Mineral, Rio Grande, and Saguache, opioid overdoses have been increasing since 2010, with recent reports of more than ten overdoses per one hundred thousand in population yearly in each of the counties in the valley;
(d) Huerfano county, which has about six thousand six hundred residents,
had six overdose deaths in 2016, a rate of 152.6 per one hundred thousand in population, which was the highest overdose rate for any county in the state;
(e) Many other counties in the state are also experiencing high incidences of
overdose and lack available, qualified providers to meet the addiction treatment needs in the county;
(f) Given the prevalence of opioid overdoses in the San Luis valley and other
areas of the state, it is necessary to extend the pilot program established pursuant to this part 8 for an additional two years, expand its availability to critical-need areas of the state, and increase its funding in order to increase access to addiction treatment in these areas where opioid addiction and overdose incidences are at significant levels.
Source: L. 2017: Entire part added, (SB 17-074), ch. 226, p. 870, � 1, effective
May 22. L. 2019: (2) added, (SB 19-001), ch. 173, p. 2002, � 1, effective May 14. L. 2024: (1)(h)(I) amended, (HB 24-1045), ch. 470, p. 3281, � 12, effective August 7.
Cross references: For section 303 of the federal Comprehensive Addiction
and Recovery Act of 2016, see Pub.L. 114-198.
C.R.S. § 23-3-105
23-3-105. Duties, powers, and limitations of commission with respect to the guarantee loan program. (1) The commission has the following powers in furtherance of the guarantee loan program:
(a) To arrange for the guarantee by nongovernmental organizations of loans
of money by private lenders to persons who are residents of this state and who have been accepted for enrollment or who are in good standing at colleges or vocational schools in this state or elsewhere in order to assist them in meeting the expenses of their education. Any agreement entered into by the commission to effect such arrangement shall require that any such nongovernmental organization hold the funds received from the commission in a reserve fund to be expended only upon the certification to it by such a private lender that any such loan is in default and only upon the assignment to such organization of the promissory note in default. Such funds then may be applied to reimburse said lender the principal amount of the loan and accrued interest thereon remaining unpaid. Such agreement shall contain provisions for termination upon thirty days' written notice of either contracting party. Upon the effective date of such termination, such organization shall refund to the state such portion of the reserve fund as may exceed the total amount of loans guaranteed by the organization pursuant to such agreement and remaining unpaid. As additional repayments of loans are reported to it by a private lender, the organization shall refund such portion of the reserve fund then remaining as from time to time exceeds the total loans remaining unpaid.
(b) To enter into contracts with the United States government, or any
department, agency, or office thereof, or any nongovernmental organization for the purpose of receiving funds or services therefrom or providing for the administration of the program thereby or in connection with any acts necessary or incidental to the performance of its powers or duties under this article;
(c) To adopt rules and regulations governing the guarantee loan program;
(d) To secure commitments from private lenders to make loans to students
under the program;
(e) To participate in any federal government program for guaranteed loans
or subsidies to students and to receive, hold, and disburse funds made available by any agency of the United States for the purpose for which they are made available;
(f) To perform such other acts as may be necessary or appropriate in
connection with the guarantee loan program;
(g) To provide that there shall be no fee or other charge made to the
applicant for loans for processing and periodic review of the qualifications for such loans.
(2) The commission shall be under the following limitations:
(a) It shall not itself lend any moneys under the program.
(b) It shall not become responsible for or guarantee any debt, contract, or
liability of any other person, company, or corporation under the program.
(c) It shall not expend funds under the program greater than the amounts
appropriated to it by the general assembly and available to it as a result of contributions.
Source: L. 68: p. 173, � 1. C.R.S. 1963: � 124-22-16.
C.R.S. § 23-30-102
23-30-102. Board body corporate - powers relating to real and personal property. (1) The board of governors of the Colorado state university system is a body corporate, capable in law of suing and being sued; of taking, holding, acquiring, exchanging, selling, and determining the uses of personal property and real estate, or any interest therein, the ownership of which is vested in the board of governors of the Colorado state university system or the entities governed by it; of contracting and being contracted with; of having and using a corporate seal; having duties and powers to control, manage, and direct the fiscal and all other affairs of the Colorado state university system and the entities it governs; and of causing to be done all things necessary to carry out the provisions of this article.
(1.5) The board of governors of the Colorado state university system shall
report all sales, leases, or exchanges of real property to the Colorado commission on higher education.
(2) The board of governors of the Colorado state university system has the
power to lease personal property, the ownership of which is vested in the Colorado state university system, or on behalf of any entity governed by it, for a term not to exceed eighty years to state or federal governmental agencies and to persons or corporations, public or private.
(2.5) Subject to such reviews and approvals of state agencies as are required
by law, the board of governors of the Colorado state university system has the power to sell, lease, or exchange real property, or any interest therein, including any mineral rights, the ownership of which is vested in the board of governors of the Colorado state university system or on behalf of any entity governed by it. All moneys which arise from the sale, lease, or exchange of said real property, or any interest therein, and all funds transferred pursuant to this subsection (2.5), together with any interest arising from the investment of said moneys and funds, shall be under the exclusive control of the board of governors of the Colorado state university system. The state treasurer is instructed to turn over to the board of governors of the Colorado state university system all the moneys, warrants, bonds, and other securities of any nature, and any interest earned thereon, that have come from the sale, lease, or exchange of said real property, or any interest therein, including any mineral rights.
(3) The board of governors of the Colorado state university system has the
power to lease any real property or any interest therein owned by it on behalf of any entity governed by it for mineral exploration, development, and production purposes, upon such terms and conditions as may be prescribed and contracted by the board in the exercise of its best judgment as being in the best interests of said entity. Any lease of mineral rights shall be for a term not to exceed ten years and so long thereafter as minerals are produced and shall provide for a royalty of not less than the royalty for current commercial agreements which are generally accepted as fair royalty returns, which royalty may be reduced proportionately under an appropriate provision in the lease if the interest in said board is less than a full interest in the land or mineral rights in the land described in the lease. All royalties received under lease agreements made pursuant to the authority of this section shall be remitted by the board of governors of the Colorado state university system to the state treasurer for deposit in the general fund. Whenever, in the opinion of the board and because of the size, shape, or current use of any tract of land owned by said board on behalf of any entity governed by it, any lease of such tract provides that no mineral development or production be conducted on the land covered thereby, such lease shall be for a term not to exceed ten years and so long thereafter as the board may share in royalties payable on account of the production of minerals from lands adjacent to such tract so leased.
(4) Whenever deemed by the board of governors of the Colorado state
university system to be in the best interests of any entity governed by it, the board may enter into a unit agreement on behalf of the entity, which unit agreement may provide for the pooling, unitization, or consolidation of acreage covered by any oil and gas lease executed by the board with other acreage for oil and gas exploration, development, and production purposes and also provide for the apportionment or allocation of royalties among the separate tracts of land included in the unit or pooling agreement on an acreage or other equitable basis, and the board may change, by such agreement and with the consent of the lessee under the lease, any or all of the provisions of any lease issued by it, including the term of years for which the lease was originally granted, in order to conform the lease to the terms and provisions of the unit or pooling agreement and to facilitate the efficient and economic production of oil and gas from the lands subject to such agreement.
(5) The leasing of real property or any interest therein held by the board of
governors of the Colorado state university system under the provisions of this section shall not be deemed to be a sale of such property.
(6) The board of governors of the Colorado state university system has the
power to exchange real property or any interest therein owned by the board on behalf of any entity governed by it for lands or interests in lands which the board, in the exercise of its best judgment, believes to be in the best interests of said entity in the furtherance of its programs.
(7) The authority of the board of governors of the Colorado state university
system to execute oil and gas or other mineral leases of lands owned by the board prior to June 3, 1977, is hereby confirmed and acknowledged, and no such lease heretofore executed by the board shall be invalid for want of such authority.
Source: L. 2007: Entire article amended with relocations, p. 518, � 1, effective
August 3. L. 2012: (1) amended, (HB 12-1220), ch. 100, p. 334, � 3, effective August 8.
Editor's note: This section is similar to former � 23-30-102 as it existed prior
to 2007.
C.R.S. § 23-31-312
23-31-312. Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that:
(I) Community wildfire protection plans, or CWPPs, are authorized and
defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148, referred to in this section as HFRA. Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities themselves in a CWPP. The wildland-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process.
(II) The development of a CWPP can assist a local community in clarifying
and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, the effect of fire ratings and combustibility standards for building materials used in wildland-urban interface areas, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires.
(III) The adoption of a CWPP brings many benefits to the state and adopting
local community, including:
(A) The opportunity to establish a locally appropriate definition and
boundary for the wildland-urban interface area;
(B) The establishment of relations with other state and local government
officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries;
(C) Specialized natural resource knowledge and technical expertise relative
to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and
(D) Statewide leadership in developing and maintaining a list or map of
communities at risk within the state and facilitating work among federal and local partners to establish priorities for action.
(IV) CWPPs give priority to projects that provide for the protection of at-risk
communities or watersheds or that implement recommendations in the CWPP.
(V) CWPPs assist local communities in influencing where and how federal
agencies implement fuel reduction projects on federal lands, how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community.
(VI) The development of CWPPs promotes economic opportunities in rural
communities.
(b) By enacting this section, the general assembly intends to facilitate and
encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires.
(2) As used in this section, unless the context otherwise requires:
(a) CWPP means a community wildfire protection plan as authorized and
defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148.
(b) Fire hazard area means an area mapped by the Colorado state forest
service, identified in section 23-31-302, as facing a substantial and recurring risk of exposure to severe fire hazards.
(c) Red zone means a wildland-urban interface area of high wildfire risk in
Colorado, identified by the red zone map originally created in September 2004 by the Colorado state forest service and periodically updated to show areas where a high risk of catastrophic wildfire endangers homes, communities, utilities, and watersheds.
(3) Not later than November 15, 2009, the state forester, in collaboration
with representatives of the United States forest service, the Colorado department of natural resources, county governments, municipal governments, local fire departments or fire protection districts, electric, gas, and water utility providers in the subject area, and state and local law enforcement agencies, shall establish guidelines and criteria for counties to consider in preparing their own CWPPs to address wildfires in fire hazard areas within the unincorporated portion of the county.
(3.5) When a community within a red zone adopts or updates a CWPP, the
community is encouraged to include, as an element of the CWPP, a plan for community-based and sustainable utilization of forest biomass for the production of energy, fuels, forest products, and other applications, developed in consultation with the Colorado state forest service. As part of the plan, the state forester or the state forester's designee may offer assistance to the communities in identifying, contracting for, and securing primarily from high-risk areas a reliable source of feedstock in support of forest products industries.
(4) The adoption of a CWPP by a county government shall be governed by
the requirements of section 30-15-401.7, C.R.S.
(5) The state forester shall send timely notice of the guidelines and criteria
established pursuant to subsection (3) of this section to the department of local affairs and to statewide organizations representing Colorado counties and municipalities and shall post such information on the website of the Colorado state forest service.
(6) Nothing in this section affects section 23-31-309 or the wildfire
preparedness plan developed pursuant to section 24-33.5-1227, C.R.S.
Source: L. 2009: Entire section added, (SB 09-001), ch. 30, p. 123, � 1,
effective August 5. L. 2013: (6) amended, (SB 13-270), ch. 250, p. 1317, � 7, effective May 23; (2)(c) and (3.5) added, (SB 13-273), ch. 406, p. 2374, � 3, effective June 5.
Cross references: For the legislative declaration in the 2013 act adding
subsections (2)(c) and (3.5), see section 1 of chapter 406, Session Laws of Colorado 2013.
C.R.S. § 23-41-114
23-41-114. Colorado energy research institute - creation. (1) There is hereby created at the Colorado school of mines the Colorado energy research institute, which shall be referred to in this section as the institute. It is the intent of this section that the institute serve as a mechanism for the development of energy and energy-related minerals research programs, including programs at single state or private educational or research institutions and multidisciplinary, interuniversity, government-university, and industry-university energy and energy-related minerals research programs and projects. It is the further intent of this section that the institute provide the mechanism for enhancing the development and promotion of energy and energy-related minerals education programs in the state.
(2) The principal administrative officer of the institute shall be the president
of the Colorado school of mines, and budgetary and fiscal procedures and activities of the institute shall be under the supervision of the Colorado school of mines.
(3) It is the duty of the institute to:
(a) Maintain liaison with the state to identify the important regional energy
and energy-related minerals problems, including their relationship to the use of the waters of the state;
(b) Solicit and determine, through inquiry of and consultation with the
executive and legislative branches of the state government and with local governments, the needs of the said branches and governments for energy data and background information relating to the determination of state policy and actions in relation to energy shortages, planning, and long-range options, and to collect, maintain, and provide such data and background material;
(c) Promote the development of energy and energy-related minerals
research programs and projects in single or multiple disciplines at state and private educational and research institutions;
(d) Administer a phase-out program of energy grants to enrolled
undergraduates within the higher education system;
(e) Develop and promote energy and energy-related minerals education
programs in the state;
(f) Administer programs of public education in energy development,
utilization, and conservation, which shall include, but shall not be limited to, energy status reports, sponsorship of symposia, demonstration programs, and reports on research results;
(g) Contract for and to accept any gifts or grants or loans or funds or
property or financial or other aid in any form from the United States or any agency or instrumentality thereof, or from the state or any executive or legislative agency thereof, or from any other source and to comply, subject to the provisions of this article, with the terms and conditions thereof, and to have the authority to expend such funds.
(h) Repealed.
(4) The institute shall conduct:
(a) Regular, mutual consultations about its progress in meeting the goals set
forth in this section with the department of natural resources; and
(b) The following specific research and educational programs designed to
meet the information needs of the department of natural resources, other agencies of the state's executive branch, the legislature, and the public:
(I) (A) The collection of primary data on the economic impact of energy
industries, emphasizing oil and gas, on municipalities and counties; the establishment of an energy economics database to be housed and maintained in the Colorado school of mines division of economics and business and the establishment of internet access to such database; the development of reliable means of forecasting by the institute's program in energy economics; and support for the analysis, interpretation, and periodic publication of the findings of the economic analysis.
(B) For the purposes authorized by this subsection (4)(b)(I), up to five
hundred thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(II) (A) The development of research in those sectors of geoscience and
engineering that are most critical to the formation of renewable energy and continued enhanced production of natural gas and oil from Rocky Mountain reservoirs, including production optimization and resource distribution and synergies with renewable resources.
(B) For the purpose authorized by this subsection (4)(b)(II), up to one million
dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(II)(B) of this section: Five
hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
(III) (A) To inform the public, legislative and regulatory bodies, and working
professionals about new technologies and their relationship to traditional sources of energy to promote the public's understanding of how its everyday energy needs are met.
(B) For the purpose authorized by this subsection (4)(b)(III), up to three
hundred seventy-five thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(III)(B) of this section: One
hundred seventy-five thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and two hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
(IV) (A) To facilitate economic development by funding local community
colleges, colleges, area technical colleges, and vocational schools in regions where energy development is occurring and by providing grants for job training and education resources to advance knowledge and skill development that goes beyond basic research and helps attract, educate, and train people for employment.
(B) For the purpose authorized by this subsection (4)(b)(IV), up to one million
dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(IV)(B) of this section: Five
hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and five hundred thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
(V) (A) To pay the membership dues of the energy council referred to in
section 2-3-311 (2)(b), C.R.S.
(B) For the purpose authorized by this subsection (4)(b)(V)(B), up to fifty-six
thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(VI) (A) To provide grants for the development of a central resource for
building trade professionals, including contractors, engineers, architects, and designers, for the purpose of increasing available tools and education to advance energy-efficient design and construction.
(B) For the purpose authorized by this subsection (4)(b)(VI), up to one
hundred twenty-five thousand dollars of the unencumbered balance available in the energy and carbon management cash fund created in section 34-60-122 (5) may be expended.
(C) Of the amount specified in subsection (4)(b)(VI)(B) of this section:
Seventy-five thousand dollars may be expended in the state fiscal year beginning July 1, 2005; and fifty thousand dollars may be expended in the state fiscal year beginning July 1, 2006, if an estimate made on or about May 1, 2006, of the projected unencumbered balance that will be available in the energy and carbon management cash fund on July 1, 2006, exceeds two and one-half million dollars.
Source: L. 74: Entire section added, p. 382, � 1, effective May 8. L. 77: (3)(g)
to (3)(j) added, p. 1118, � 1, effective June 2; (6) added by revision, p. 1118, � 2. L. 83: Entire section RC&RE, p. 808, � 1, effective July 1. L. 96: (3)(h) repealed, p. 1240, � 94, effective August 7. L. 2005: (4) added, p. 539, � 1, effective July 1. L. 2006: (4)(b)(I)(B), (4)(b)(II)(B), (4)(b)(II)(C), (4)(b)(III)(B), (4)(b)(III)(C), (4)(b)(IV)(B), (4)(b)(IV)(C), (4)(b)(V)(B), (4)(b)(VI)(B), and (4)(b)(VI)(C) amended, p. 1498, � 32, effective June 1. L. 2008: (4)(b)(VI)(A) amended, p. 69, � 5, effective March 18. L. 2012: (4)(b)(VI)(A) amended, (HB 12-1315), ch. 224, p. 962, � 14, effective July 1. L. 2016: (4)(b)(IV)(A) amended, (HB 16-1082), ch. 58, p. 154, � 47, effective August 10. L. 2018: (4)(b)(VI)(A) amended, (SB 18-003), ch. 359, p. 2132, � 4, effective June 1. L. 2023: (4)(b)(I)(B), (4)(b)(II)(B), (4)(b)(II)(C), (4)(b)(III)(B), (4)(b)(III)(C), (4)(b)(IV)(B), (4)(b)(IV)(C), (4)(b)(V)(B), (4)(b)(VI)(B), and (4)(b)(VI)(C) amended, (SB 23-285), ch. 235, p. 1251, � 21, effective July 1.
Editor's note: (1) In 1974, this section was originally enacted as 124-9-19 but
was renumbered on revision and included in the compilation of the C.R.S. 1973 as � 23-41-114. (See L. 74, p. 382.)
(2) Prior to its recreation and reenactment in 1983, subsection (6) provided
for the repeal of this section, effective July 1, 1982. (See L. 77, p. 1118, � 2.)
Cross references: For the legislative declaration contained in the 1996 act
amending this section, see section 1 of chapter 237 Session Laws of Colorado 1996.
C.R.S. § 23-5-106
23-5-106. Authority of governing boards - general - health-care insurance - contracts of indemnity. (1) The governing board of any state institution of higher education has the authority to promulgate rules and regulations for the safety and welfare of students, employees, and property, to promulgate rules and regulations necessary for the governance of the respective institutions, and to promulgate rules and regulations deemed necessary to carry out the provisions of sections 23-5-106 to 23-5-110. Western Colorado university shall not refuse to admit any Colorado resident qualified in accordance with applicable Colorado commission on higher education admission standards.
(2) The governing board of any state institution of higher education shall not
promulgate any rules or regulations that restrict or prohibit on-campus recruiting by any local, state, or federal governmental agency; except that recruiting activities by any local, state, or federal governmental agency shall be subject to the same time, place, or manner restrictions that apply to other entities that conduct recruiting on campus.
(3) If a governing board of an institution of higher education requires a
student to purchase health-care insurance, the board must allow the same exemption for those participating in a health care sharing ministry as specified in the federal Patient Protection and Affordable Care Act.
(4) The governing board of a state institution of higher education that is
designated as an enterprise pursuant to section 23-5-101.7 may contract to indemnify and hold harmless a contractor if the governing board determines that the contract serves a valid public purpose and any risks to the institution that may arise from entering into the contract are sufficiently limited and outweighed by the benefits of the contract. Notwithstanding any other provision of law to the contrary, a liability claim or expense that arises from a contract to indemnify or hold harmless entered into by a governing board pursuant to this subsection (4) shall not be payable from the risk management fund created in section 24-30-1510, C.R.S., and shall be payable solely from revenues of the institution.
Source: L. 69: p. 1063, � 1. C.R.S. 1963: � 124-1-8. L. 94: Entire section
amended, p. 1677, � 2, effective May 31; entire section amended, p. 1796, � 9, effective May 31. L. 2007: (3)(a) amended, p. 69, � 1, effective March 15. L. 2011: (4) added, (HB 11-1301), ch. 297, p. 1420, � 11, effective August 10. L. 2012: (1) amended, (HB 12-1331), ch. 254, p. 1270, � 13, effective August 1. L. 2013: (3) amended, (HB 13-1315), ch. 322, p. 1741, � 1, effective May 28. L. 2019: (1) amended, (HB 19-1178), ch. 400, p. 3546, � 13, effective July 1.
C.R.S. § 23-5-128
23-5-128. Meningococcal disease - information - immunity - definitions. (1) As used in this section:
(a) Institution means any public or nonpublic postsecondary education
institution in the state.
(b) New student means each incoming freshman student residing in
student housing, as defined by the institution, or any student who the institution requires to complete and return a standard certificate indicating immunizations received by the student as a requirement for residing in student housing.
(2) (a) On and after July 1, 2005, each institution shall provide to each new
student, or, if a new student is under the age of eighteen years, to the student's parent or guardian, information concerning meningococcal disease, including but not limited to the following:
(I) (A) Meningococcal disease is a serious disease;
(B) Meningococcal disease is a contagious, but a largely preventable,
infection of the spinal cord fluid and the fluid that surrounds the brain;
(C) Scientific evidence suggests that college students living in dormitory
facilities are at a modestly increased risk of contracting meningococcal disease; and
(D) Immunization against meningococcal disease decreases the risk of
contracting the disease.
(II) Website addresses, telephone numbers, or other similar information to
assist a new student or the student's parent or legal guardian in identifying a location or locations where the new student may receive an immunization against meningococcal disease.
(b) An institution may provide the information required by subparagraph (I) of
paragraph (a) of this subsection (2) exactly as written or through similar language that reasonably meets the intent of the notification requirement and is based upon established and scientifically recognized medical or epidemiological data.
(3) On and after July 1, 2005, each institution shall require each new student
who has not received a vaccination against meningococcal disease, or, if the new student is under the age of eighteen years, the student's parent or guardian, to check a box on a document provided by the institution stating that the signor has reviewed the information provided pursuant to subsection (2) of this section and has decided that the new student will not obtain a vaccination against meningococcal disease. An institution may include the acknowledgment required in this section on another signed document used to collect health or housing information that must be returned to the institution and that the institution is already required to retain for other purposes regarding the student's health or housing.
(4) Nothing in this section shall be construed to:
(a) Require a student who is planning to reside in student housing to obtain
the vaccination against meningococcal disease;
(b) Require an institution to provide or pay for the vaccination of a student; or
(c) Prohibit an institution from establishing additional requirements
concerning meningococcal vaccination.
(5) An institution that has made a reasonable effort to comply with this
section shall not be liable for damages for injuries sustained by a student as a result of contracting meningococcal disease where the student's claim is based solely upon the provision of the information required by paragraph (a) of subsection (2) of this section.
Source: L. 2004: Entire section added, p. 484, � 1, effective August 4.
C.R.S. § 23-70-118
23-70-118. Requirements for money that is appropriated to the department of higher education for use by the Auraria higher education center in the 2025-26 state fiscal year - repeal. (1) Any money that the general assembly appropriates to the department of higher education for the Auraria higher education center to use for operational costs in the 2025-26 state fiscal year must be used as agreed upon by the constituent institutions in baseline service level agreements, including operational costs associated with:
(a) Building operations and maintenance;
(b) Custodial or janitorial services;
(c) The Auraria campus police department;
(d) Business services;
(e) Campus planning;
(f) Events management in support of university- and student-led activities;
(g) Communications; and
(h) Public relations.
(2) Any baseline service level agreement that the Auraria higher education
center enters into using money appropriated by the general assembly for the 2025-26 state fiscal year must:
(a) Be executed by the contracting parties no later than September 1, 2025,
until which time the Auraria higher education center and the constituent institutions shall operate according to existing service level agreements;
(b) Clearly describe the services, service and staffing levels, and
performance expectations that are contracted for; and
(c) Provide that, if costs for services exceed the prices provided for in the
baseline service level agreements, those excessive costs will not be assumed or incurred until an additional agreement that addresses the excessive costs is executed or until the original baseline service level agreement is amended.
(3) In the 2025-26 state fiscal year, the Auraria higher education center shall
manage all resources related to baseline service level agreements and goals and shall present quarterly updates regarding baseline service level agreements and goals to the constituent institutions.
(4) The Auraria higher education center shall establish fee structures for the
2025-26 state fiscal year for all services that are not already provided for in the baseline service level agreements. The constituent institutions may enter into additional agreements with the Auraria higher education center for services that are not provided for in the baseline service level agreements, in which case the Auraria higher education center shall explain why the additional contracted services do not fall within the baseline service level agreements. The fee structures established pursuant to this subsection (4) must:
(a) Clearly describe the services for which each fee structure is established;
and
(b) Apply each fee structure consistently to each constituent institution.
(5) This section is repealed, effective July 1, 2026.
Source: L. 2025: Entire section added, (SB 25-316), ch. 431, p. 2485, � 1,
effective June 4.
C.R.S. § 23-71-122
23-71-122. Local college district board of trustees - specific powers - rules - definitions. (1) In addition to any other power granted by law to a board of trustees of a local college district, each board has the power to:
(a) Take and hold in the name of the district so much real and personal
property as may be reasonably necessary for any purpose authorized by law;
(b) Sue and be sued and be a party to contracts for any purpose authorized
by law;
(c) Purchase real property on such terms, including but not limited to
installment purchase plans, as the board sees fit or lease or rent real property on such terms as the board sees fit for any school sites, buildings, or structures or for any school purpose authorized by law; determine the location of each school site, building, or structure; and construct, erect, repair, alter, and remodel buildings and structures;
(d) Sell and convey district property for any purpose authorized by law, upon
such terms and conditions as it may approve; and lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same;
(e) Rent or lease district property and permit the use of district property by
community organizations upon such terms and conditions as it may approve;
(f) Employ a chief executive officer to administer the affairs and the
programs of the district, pursuant to a contract;
(g) Procure group life, health, or accident insurance covering employees of
the district pursuant to section 10-7-203, C.R.S.;
(h) Provide for the necessary expenses of the board in the exercise of its
powers and the performance of its duties and reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;
(i) Procure such insurance coverage on the building, structures, and
equipment owned by the district, or in which the district has an insurable interest, as, in the judgment of the board, may be adequate from time to time;
(j) Procure such casualty insurance coverage on the personal property
owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;
(k) Procure public liability insurance covering the district and the directors
and employees thereof;
(l) Procure liability and property damage insurance on buses or motor
vehicles owned or rented by the district and accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the district, including injury received in the course of entering or alighting from any school bus or other means of transportation furnished by the district;
(m) Elect to have moneys belonging to the district withdrawn from the
custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;
(n) Accept gifts, donations, or grants of any kind made to the district and
expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;
(o) Authorize the use of facsimile signatures on teacher contracts, bonds,
and bond coupons by appropriate resolution;
(p) Take and hold, under the provisions of any law in effect providing for the
exercise of the rights of eminent domain, so much real estate as may be necessary for the location and construction of a local district college building and for the convenient use of said local district college;
(q) Contract with another local college district or public school district or
with the governing body of a state college or university, with the tribal corporation of any Indian tribe or nation, with any federal agency or officer or any county, city, or city and county, or with any natural person, body corporate, or association for the performance of any service, activity, or undertaking which any school may be authorized by law to perform or undertake. Such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the parties so contracting and shall provide that the service, activity, or undertaking be of comparable quality and meet the same requirements and standards as would be necessary if performed by the school district. A contract executed pursuant to this paragraph (q) may include, among other things, the purchase or renting of necessary building facilities, equipment, supplies, and employee services.
(r) Issue general obligation bonds, refund the same, and provide for the
payment thereof by taxation for the purposes, to the extent, and in the manner provided by parts 5 and 6 of this article and pledge the revenues of the district as additional security for the payment of general obligation bonds. Each local college district also has the power to issue general obligation refunding bonds to refund revenue bonds or to refund other revenue securities upon the approval of a majority of the eligible electors voting at an election called and held in the manner provided by part 5 of this article for elections on school building bonds.
(s) Cooperate with the state board for community colleges and occupational
education in carrying out the provisions of the national and state vocational education and rehabilitation acts, or amendments thereto, or any such acts providing for vocational education or vocational rehabilitation of individuals with disabilities;
(t) Enter into a contract for administrative services with a term not to exceed
five years, for capital outlay purposes in accordance with paragraph (c) of this subsection (1) and parts 5, 6, and 7 of this article, or for the purchase of real property pursuant to paragraph (c) of this subsection (1). Any such contract shall be valid and enforceable between the parties to the contract.
(u) Adopt written policies, rules, and regulations, not inconsistent with law,
which may relate to study, discipline, conduct, safety, and welfare of all students, or any classification of students, enrolled in the local district college and adopt written procedures not inconsistent with this article for the expulsion of or denial of admission to a student, which procedures shall afford due process to students and school personnel;
(v) (I) Determine the location of each school site, building, or structure and
construct, erect, repair, alter, rebuild, replace, and remodel buildings and structures without a permit or fee or compliance with a local building code. The authority delegated by this subparagraph (I) shall exist notwithstanding any authority delegated to or vested in any county, town, city, or city and county. Prior to the acquisition of land for school building sites or the construction of buildings thereon, the board of trustees of a local college district shall consult with the planning commission that has jurisdiction over the territory in which the site, building, or structure is proposed to be located, on issues related to the location of the site, building, or structure in order to ensure that the proposed site, building, or structure conforms to the adopted plan of the community insofar as is feasible. All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control, referred to in this section as the division, in the department of public safety. The board shall notify the planning commission that has jurisdiction over the territory in which a site, building, or structure is proposed to be located, in writing, of the location of the site, building, or structure before awarding a contract for the purchase or the construction thereof.
(II) (A) This paragraph (v) shall apply to building or structure construction.
Except as specified in sub-subparagraph (A.5) of this subparagraph (II), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform all final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified by the division in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The local college district may hire and compensate third-party inspectors under contract with the division to perform inspections or hire and compensate other third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. If the local college district is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the director of the division shall require a sufficient number of inspection reports to be submitted to the division based upon the scope of the project to ensure quality inspections are performed. The third-party inspector shall attest that inspections are complete before the local college district is issued a certificate of occupancy unless the criteria for a temporary certificate of occupancy are met. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the local college district pursuant to section 24-33.5-1213, C.R.S. If inspections are not complete and a building requires immediate occupancy, and if the local college district has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (A) pursuant to section 24-33.5-1213, C.R.S.
(A.5) Pursuant to a memorandum of understanding between the appropriate
building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (A) of this subparagraph (II), to ensure that a building or structure has been constructed in conformity with the building and fire codes adopted by the director of the division, and to take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5, C.R.S., prior to the prequalification. An affected local college district may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the department shall cover actual, reasonable, and necessary costs. For purposes of this section, appropriate building department means the building department of a county, town, city, or city and county and includes a building department within a fire department.
(B) The division shall cause copies of the building plans to be sent to the
appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building plans.
(C) If the fire department declines to perform the plan review or any
subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, certified fire inspector has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.
(D) If the building or structure is in conformity with the building and fire
codes adopted by the director of the division and if the fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the local college district.
(E) If the division authorizes building code inspections by a third-party
inspector pursuant to sub-subparagraph (A) of this subparagraph (II) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to sub-subparagraph (A.5) of this subparagraph (II), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subparagraph (II) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this paragraph (v) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.
(III) If the division conducts the necessary plan reviews and causes the
necessary inspections to be performed to determine that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. Such fees shall cover the actual, reasonable, and necessary expenses of the division. Fees collected by the division pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created pursuant to section 24-33.5-1207.7, C.R.S. The director of the division, by rule or as otherwise provided by law, may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. The rules authorized by this paragraph (v) shall be promulgated in accordance with article 4 of title 24, C.R.S.
(IV) Any moneys remaining as of December 31, 2009, in the public safety
inspection fund created in section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to subparagraph (III) of this paragraph (v) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.
(V) The inspecting entity shall cooperate with the affected board of trustees
of a local college district in carrying out the duties of this section.
(VI) If the inspecting entity and the board of trustees of a local college
district disagree on the interpretation of the codes and standards of the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the division pursuant to article 4 of title 24, C.R.S.
(VII) School buildings shall be maintained in accordance with the fire code
adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.
(w) Enter into a cooperative arrangement with the division of fire prevention
and control in the department of public safety to develop a system in which a qualified volunteer firefighter may receive a tuition voucher to attend courses at a local community college, including Aims community college and Colorado mountain college, in accordance with section 24-33.5-1216, C.R.S.
(1.5) Notwithstanding the provisions of subsection (1) of this section, if
Colorado Northwestern community college is accepted into the state system pursuant to section 23-71-207, the powers of the Rangely junior college district board of trustees shall be limited to those specified in section 23-71-207 (3)(a)(V).
(2) Nothing in this section shall authorize a local college district to expend
proceeds from the sale of general obligation or revenue bonds issued by said district to procure or erect a school or other building beyond the territorial limits of the district.
Source: L. 75: Entire article added, p. 756, � 1, effective July 1. L. 83: (1)(t)
amended and (1)(v) added, p. 820, � 3, effective July 1. L. 85: (1)(t) amended, p. 734, � 6, effective May 31. L. 86: IP(1), (1)(c), (1)(h) to (1)(j), (1)(m), (1)(n), and (1)(v) amended, p. 852, � 23, effective July 1; (1)(v) amended, p. 500, � 119, effective July 1. L. 92: (1)(r) amended, p. 857, � 65, effective January 1, 1993. L. 98: (1.5) added, p. 902, � 4, effective May 26. L. 2001: (1)(v) amended, p. 1140, � 69, effective June 5. L. 2006: (1)(v) amended, p. 1359, � 4, effective July 1. L. 2008: (1)(v)(II), (1)(v)(III), (1)(v)(IV), and (1)(v)(VII) amended, p. 1088, � 2, effective August 5. L. 2009: (1)(w) added, (SB 09-021), ch. 414, p. 2288, � 2, effective August 5; (1)(v)(I), (1)(v)(II)(A), (1)(v)(II)(A.5), (1)(v)(II)(B), (1)(v)(II)(C), (1)(v)(II)(D), (1)(v)(III), (1)(v)(IV), (1)(v)(VI), and (1)(v)(VII) amended, (HB 09-1151), ch. 230, p. 1049, � 2, effective January 1, 2010. L. 2011: (1)(v)(II)(A) amended, (SB 11-251), ch. 240, p. 1044, � 5, effective June 30. L. 2012: (1)(v)(I) and (1)(w) amended, (HB 12-1283), ch. 240, p. 1132, � 43, effective July 1. L. 2014: IP(1) and (1)(s) amended, (SB 14-118), ch. 250, p. 985, � 19, effective August 6. L. 2018: (1)(d) and (1)(e) amended, (HB 18-1366), ch. 258, p. 1587, � 1, effective August 8.
Editor's note: Amendments to subsection (1)(v) in Senate Bill 86-12 and
House Bill 86-1133 were harmonized.
Cross references: For the legislative declaration in the 2012 act amending
subsections (1)(v)(I) and (1)(w), see section 1 of chapter 240, Session Laws of Colorado 2012.
C.R.S. § 23-71-204
23-71-204. Approval of plan - election. (1) The board shall review each application for admission to the state system to determine whether the plan and date of entry specified by the local college district will best promote the orderly development of higher education and of the applicant institution. The board shall transmit to the local district college board of trustees any suggested changes in the plan within ninety days after the date of submission.
(2) When the board has approved the plan and date of entry, it shall forward
the application to the Colorado commission on higher education for its action. The commission may approve the recommendation of the board. If the commission does not approve the entry into the state system, the board may require a joint meeting of the board and the commission to hear the reasons and to explain the position taken by the board. After review, the commission may reaffirm its position or take such other action as it deems appropriate. The board shall notify the local district college board of trustees of any action taken by the commission under this subsection (2).
(2.5) After the Colorado commission on higher education has approved the
recommendation of the board, it shall forward such recommendation to the general assembly. If the general assembly, acting by bill, approves the entry of the district into the state system, the local district college board of trustees may call a special election pursuant to subsection (4) of this section. If the general assembly does not so approve such entry, it shall be deemed rejected, and the district shall not become a part of the state system.
(3) Except to the extent inconsistent with this part 2, the dissolution election
shall be called, held, and canvassed by the board of trustees in substantially the same manner as provided for elections authorizing the issuance of local college district general obligation bonds.
(4) When the Colorado commission on higher education, the board, and the
general assembly have approved the application, the board of trustees shall call a special election at which only eligible electors of the district may vote. The question shall be:
Shall the _______ local college district be dissolved, all assets transferred to
the state board for community colleges and occupational education and provision made for meeting all liabilities as provided in the plan of dissolution by _(date)?
Yes ___ No ___.
(5) If a majority of the eligible electors voting vote yes, the board of
trustees and the board shall proceed with the transfer of all assets to the board and with all necessary steps to meet liabilities pursuant to the approved plan. If revenue bonds of the district remain outstanding or unpaid, the board as successor to the board of trustees and to the district shall continuously operate the college, pay principal and interest, and do all things in such manner as to fulfill the obligations of the district under existing resolutions and instruments constituting contracts among the district and bondholders and other contracting parties. Nothing in this part 2 shall impair or authorize the impairment of any obligation of contract. The board shall serve ex officio as the board of trustees of the district until all existing general liabilities, including without limitation all general obligation bonded indebtedness and the interest thereon but not including revenue bonds, are paid, and, except as provided in this part 2, the levy required for the payment shall continue until the payment is made in full. General obligation bonds of a dissolved district may be refunded in the manner provided in part 6 of this article.
Source: L. 75: Entire article added, p. 761, � 1, effective July 1. L. 85: (2.5)
added and (4) amended, p. 789, � 1, effective May 3. L. 86: Entire section amended, p. 856, � 33, effective July 1. L. 92: (4) and (5) amended, p. 860, � 70, effective January 1, 1993.
C.R.S. § 23-71-502
23-71-502. Bonded indebtedness - elections. (1) No general obligation bonded indebtedness shall be contracted by any district for the purpose of purchasing, erecting, improving, remodeling, and furnishing local district college buildings, sites, facilities, and equipment unless the proposition to create such debt has first been submitted to and approved by the eligible electors of the district.
(2) The board of trustees of any district, at any regular biennial school
election or at a special election called for the purpose, shall submit to the eligible electors of the district the question of contracting a bonded indebtedness for the purpose of purchasing, erecting, improving, remodeling, and furnishing local district college buildings, sites, facilities, and equipment, which purposes shall be broadly construed, subject to the limitations provided in section 23-71-503.
(3) All elections authorized under this article shall be conducted pursuant to
the provisions of articles 1 to 13 of title 1, C.R.S. The secretary of the board of trustees shall be the designated election official for all elections unless otherwise provided by the board of trustees. Any notice given shall contain a statement of the amount of the bonded indebtedness proposed to be contracted, the maximum net effective interest rate at which the indebtedness shall be incurred, and the maximum period of time within which the amount shall be payable, and the day and the place of the election.
(4) and (5) (Deleted by amendment, L. 92, p. 861, � 73, effective January 1,
1993.)
(6) (a) The board of trustees of any district, having received approval at an
election to issue bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit at another regular or special election:
(I) The question of issuing the bonds, or any portion thereof, at a higher
maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election; or
(II) The question of issuing the bonds, or any portion thereof, to mature over a
longer period of time than the maximum period of maturity approved at the original election.
(b) An election held pursuant to this subsection (6) shall be held in
substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question permitted under this subsection (6).
(c) If a majority of those voting at an election held pursuant to this
subsection (6) fail to approve the changes submitted, such result shall not impair the authority of the board of trustees at a later time to issue the bonds originally approved within the limitations established at the first election.
Source: L. 75: Entire article added, p. 767, � 1, effective July 1. L. 86: (2) to (5),
IP(6)(a), and (6)(c) amended, p. 860, � 42, effective July 1. L. 92: (1) to (5) amended, p. 861, � 73, effective January 1, 1993.
C.R.S. § 23-71-503
23-71-503. Limitations on elections. The question of contracting bonded indebtedness may be submitted or resubmitted after the same or any other such question has previously been rejected at an election held pursuant to this part 5; but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of trustees of a district shall not submit any question of contracting bonded indebtedness at more than two elections within any twelve-month period. The provisions of this section shall not apply to elections on assumption of existing bonded indebtedness held pursuant to law.
Source: L. 75: Entire article added, p. 768, � 1, effective July 1. L. 86: Entire
section amended, p. 861, � 43, effective July 1.
C.R.S. § 24-1-107.5
24-1-107.5. Nonprofit entities created or supported by state agencies and state-level authorities - requirements - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) State agencies and state-level authorities currently benefit from working
with nonprofit entities in a variety of areas, including contracting with nonprofit entities to obtain goods or services, developing working relationships with nonprofit entities to further an agency's or authority's goals and objectives, and using nonprofit entities to obtain gifts, bequests, or donations;
(b) Although state agencies also benefit from the ability to create nonprofit
entities to assist them in carrying out their statutory powers and duties, the expenditure of state revenues through nonprofit entities created by state agencies hampers the general assembly's ability to adequately perform its duties of monitoring state revenues and ensuring that sufficient revenues are available for appropriations to the executive, legislative, and judicial branches of government;
(c) In order for the general assembly to carry out its duties to plan for and
monitor state revenues, it is the intent of the general assembly to establish specific statutory requirements for the creation of nonprofit entities by state agencies to perform their statutory powers and duties and to establish accountability requirements for certain nonprofit entities formed for the benefit of state agencies; and
(d) It is the further intent of the general assembly to:
(I) Monitor the creation of nonprofit entities by state-level authorities where
the creation of such entities could affect the purpose for which such authorities were established by imposing specific reporting requirements upon those authorities intending to create such entities; and
(II) Retain the laws applicable to the separate identity of nonprofit entities
created by or on behalf of state agencies.
(2) (a) (I) Except as otherwise provided in subsection (3) of this section,
commencing July 1, 1999, no state agency or employee or agent acting on behalf of such agency shall establish a nonprofit entity without specific statutory authority if:
(A) The purpose of establishing a nonprofit entity is to carry out the
governmental functions of the state agency; and
(B) The state agency or an employee or agent acting on behalf of such
agency has actual control over the management and internal operations of the nonprofit entity.
(II) The provisions of this paragraph (a) shall not limit:
(A) The office of the governor;
(B) State-supported institutions of higher education from using nonprofit
entities, such as foundations, institutes, or similar organizations, as authorized in section 23-5-112, C.R.S.;
(C) State-supported institutions of higher education from issuing revenue
bonds or pledging revenues as authorized in sections 23-5-102, 23-5-103, 23-70-107, and 23-70-108, C.R.S.;
(D) The Colorado educational and cultural facilities authority from financing
facilities and capital expenditures or refunding or refinancing outstanding indebtedness as authorized in sections 23-15-107 to 23-15-110, C.R.S.;
(E) State-supported institutions of higher education from creating or using
nonprofit entities to issue obligations for or assist in the financing of capital expenditures on behalf of or for the benefit of such institutions; and
(F) The Colorado school for the deaf and the blind, as provided for in article
80 of title 22, C.R.S., from using nonprofit entities, such as foundations, institutes, or similar organizations, as authorized in section 22-80-103, C.R.S.
(b) No later than September 1, 1999, each state agency shall provide to the
state auditor a list of all nonprofit entities in existence on July 1, 1999, that were established by the state agency or an employee or agent acting on behalf of such agency and that meet the criteria set forth in sub-subparagraphs (A) and (B) of subparagraph (I) of paragraph (a) of this subsection (2), along with a copy of each nonprofit entity's most recent annual audit report or, if such entity has not been audited, the entity's most recent annual financial statement.
(c) The provisions of this subsection (2) do not apply to:
(I) Repealed.
(II) Any nonprofit corporation created by the board of regents of the
university of Colorado pursuant to section 23-20-114 (2), C.R.S.; or
(III) Any private nonprofit corporation created by any state-supported
institution of higher education, as authorized under section 23-5-121, C.R.S., for the purpose of developing discoveries and technology resulting from science and technology research at such institution of higher education.
(3) A state-supported institution of higher education may establish a
nonprofit entity that would otherwise require specific statutory authority under paragraph (a) of subsection (2) of this section upon a finding by the governing board of the institution that establishing the nonprofit entity would be in the best interests of the institution.
(4) (a) (I) Except as otherwise provided in sections 23-5-112 (3) and 23-5-121,
C.R.S., subparagraph (II) of this paragraph (a), and paragraph (b) of this subsection (4), any nonprofit entity created by or on behalf of a state agency under paragraph (a) of subsection (2) of this section or subsection (3) of this section and any nonprofit entities reported under paragraph (b) of subsection (2) of this section shall be subject to an annual audit by the state auditor or his or her designee as required for state agencies under section 2-3-103 (1), C.R.S.
(II) The provisions of this paragraph (a) do not apply to any nonprofit
corporation created by the board of regents of the university of Colorado pursuant to section 23-20-114 (2), C.R.S.
(b) If any nonprofit entity, created for the sole benefit of one or more state-supported institutions of higher education, issues obligations to finance capital
expenditures for the benefit of the institution or institutions and pledges payments to be received from the institution or institutions in repayment of such obligations, such capital financing activities are subject to the same audit requirements imposed for gifts and bequests received by a nonprofit entity under section 23-5-112 (3), C.R.S.
(5) (a) (I) Except as provided in subparagraph (II) of this paragraph (a),
beginning July 1, 1999, each state-level authority intending to create or participate in the creation of a nonprofit entity shall file a statement with the state auditor regarding its intent to create such entity. The statement shall include information about the purpose and use of the nonprofit entity. The state-level authority shall file such statement at least thirty days prior to the incorporation of the nonprofit entity.
(II) For purposes of the requirements specified in this paragraph (a), the
office of the governor, the university of Colorado hospital authority, created in part 5 of article 21 of title 23, C.R.S., and the Denver health and hospital authority created in part 1 of article 29 of title 25, C.R.S., shall not be required to provide notice of its intent to create a nonprofit entity or to disclose any information relating to the modification, initiation, or cessation of patient care programs if the disclosure of such information would give an unfair competitive or bargaining advantage to any person or entity.
(b) For fiscal years ending after June 30, 1999, each state-level authority
shall report the annual financial activities of any nonprofit entity it has created in conjunction with the filing of its annual financial audit report with the state auditor as required under section 29-1-603, C.R.S. The reporting of such financial activities may be a part of the audited financial statements if the financial activities are separately identified or the reporting may be performed separately.
(6) (a) Except as provided in this section or other applicable law, any
nonprofit entity supported by or established by or on behalf of a state agency shall not be an agency or department of state government and shall not be subject to any provisions of law affecting only governmental or public entities. The state of Colorado or the applicable state agency shall not be held responsible for any debt or liability incurred by any nonprofit entity supported by or established by or on behalf of a state agency, except as otherwise provided by law.
(b) The provisions of this subsection (6) shall apply to any nonprofit entity
supported by or created by or on behalf of a state agency regardless of whether such entity is subject to the requirements specified in this section.
(7) For purposes of this section:
(a) Nonprofit entity means a nonprofit corporation created under the
Colorado Revised Nonprofit Corporation Act, articles 121 to 137 of title 7, C.R.S. Nonprofit entity may include, but is not limited to, a corporation, a partnership, a joint venture, a foundation, and an institute.
(b) State agency means an agency as defined in section 24-3-101 or an
institution of higher education.
(c) State-level authority means a special purpose authority as defined in
section 24-77-102 (15) and excludes nonprofit entities created by and for local governmental entities, such as municipalities, counties, city and counties, school districts, and special districts.
Source: L. 95: Entire section added, p. 460, � 1, effective May 16. L. 99: Entire
section R&RE, p. 1350, � 1, effective June 3. L. 2003: (2)(a)(II)(D) and (2)(a)(II)(E) amended and (2)(a)(II)(F) added, p. 1585, � 18, effective September 1. L. 2011: (3) amended, (HB 11-1301), ch. 297, p. 1420, � 10, effective August 10. L. 2018: (2)(c)(I) repealed, (HB 18-1375), ch. 274, p.1704, � 32, effective May 29.
C.R.S. § 24-1-124
24-1-124. Department of natural resources - creation - divisions. (1) There is hereby created a department of natural resources, the head of which shall be the executive director of the department of natural resources, who shall be the commissioner of mines. The executive director shall be appointed by the governor pursuant to law.
(2) The office of the executive director, created in article 33 of this title 24,
is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(2.1) The department of natural resources includes, as a part of the office of
the executive director:
(a) The office of commissioner of mines, created in section 1 of article XVI of
the state constitution. The office of commissioner of mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(b) Repealed.
(c) The Colorado avalanche information center, created pursuant to section
24-33-116. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources.
(3) The department of natural resources consists of the following divisions:
(a) The division of water resources, the head of which is the state engineer,
as described in subsection (4) of this section;
(b) The Colorado water conservation board and the office of director thereof,
created in article 60 of title 37. The Colorado water conservation board and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division thereof.
(c) (Deleted by amendment, L. 2000, p. 556, � 3, effective July 1, 2000.)
(d) The state board of land commissioners, created in section 9 of article IX
of the state constitution. The state board of land commissioners is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a division thereof, subject to the state constitution.
(e) The division of reclamation, mining, and safety, created in section 34-20-103, the head of which is the director of the division of reclamation, mining, and
safety, under the supervision of the executive director of the department of natural resources. The division and director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof. The division of reclamation, mining, and safety includes the following:
(I) The coal mine board of examiners, created in article 22 of title 34. The
coal mine board of examiners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources as a section of the division of reclamation, mining, and safety.
(II) The mined land reclamation board and the office of mined land
reclamation, created in article 32 of title 34. The mined land reclamation board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety. The office of mined land reclamation is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(III) The office of active and inactive mines, created in article 21 of title 34.
The office of active and inactive mines is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as prescribed by law under the department of natural resources and is allocated to the division of reclamation, mining, and safety as a section thereof.
(IV) (Deleted by amendment, L. 2005, p. 1462, � 1, effective July 1, 2005.)
(V) Repealed.
(f) The energy and carbon management commission created in section 34-60-104.3 (1) and the office of the director of the commission, created in article 60 of
title 34. The commission and the office of the director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources as a division of the department.
(g) Repealed.
(h) (I) and (II) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, �
3, effective July 1, 2011.)
(III) Repealed.
(i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1382, � 3,
effective July 1, 2011.)
(j) The division of forestry, created in section 24-33-201 (1), the head of which
is the state forester, appointed pursuant to section 23-31-207. The division of forestry and the state forester are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions as prescribed by law under the department of natural resources and the executive director thereof.
(k) (I) (A) The parks and wildlife commission, created in article 9 of title 33.
The powers, duties, and functions of the parks and wildlife commission include the powers, duties, and functions of the wildlife commission and the board of parks and outdoor recreation. The parks and wildlife commission is a type 1 entity, as defined in section 24-1-105.
(B) The parks and wildlife commission includes, as an advisory council, the
Colorado natural areas council created in article 33 of title 33.
(II) (A) The division of parks and wildlife, the head of which is the director of
the division of parks and wildlife, created in section 33-9-104. The division of parks and wildlife and the office of the director of the division of parks and wildlife are type 1 entities, as defined in section 24-1-105.
(B) The division of parks and wildlife includes the fish health board created in
article 5.5 of title 33. The fish health board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions as specified by law under the department of natural resources and the executive director of the department of natural resources.
(4) The division of water resources includes the following:
(a) The office of the state engineer, created in article 80 of title 37. The
office of the state engineer is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.
(b) The division engineers, created in part 2 of article 92 of title 37. The
division engineers are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of natural resources and are allocated to the division of water resources as a section thereof.
(c) The ground water commission, created in article 90 of title 37. The
ground water commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section thereof.
(d) The state board of examiners of water well and ground heat exchanger
contractors created in section 37-91-103. The state board of examiners of water well and ground heat exchanger contractors is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of natural resources and is allocated to the division of water resources as a section of the division of water resources.
(e) Repealed.
(5) Repealed.
Source: L. 68: p. 88, � 24. L. 69: pp. 867, 1223, �� 2, 19. C.R.S. 1963: � 3-28-24. L. 72: pp. 321, 493, �� 2, 3, 12. L. 74: (3)(f)(IV) repealed, p. 195, � 1, effective July
-
L. 77: (2.1) and (5) added, (3)(e)(I) and (3)(e)(III) amended, pp. 281, 1130, 1629, �� 31, 32, 1, 2, effective July 1. L. 81: (3)(e)(III) amended, p. 1665, � 17, effective June 30. L. 83: (2.1) amended, p. 1307, � 2, effective May 10. L. 84: (3)(i) and (3)(f) amended, pp. 923, 934, �� 13, 2, effective January 1. L. 87: (4)(d) amended, p. 1581, � 34, effective July 10. L. 88: (3)(i) amended and (5) repealed, p. 1179, � 3, effective March 23; (3)(e)(II) amended, p. 1180, � 4, effective May 3; (3)(e)(I) and (3)(e)(III) amended, p. 1435, � 14, effective June 11; (2.1)(a) amended, p. 1215, �7, effective July 1. L. 91: (4)(e) repealed, p. 884, � 4, effective June 5; (3)(h) amended, p. 200, � 7, effective June 7. L. 92: (2.1), (3)(e), and (3)(g) amended, p. 1917, � 2, effective July 1. L. 94: (3)(h)(III) added, p. 1710, � 7, effective July 1. L. 99: (3)(h)(III) amended, p. 533, � 3, effective May 3; (3)(h)(I) amended, p. 607, � 2, effective January 1, 2000. L. 2000: (3)(c) amended and (3)(j) added, p. 556, � 3, effective July 1. L. 2003: (2.1)(b) RC&RE and (3)(e)(V) repealed, p. 1961, �� 2, 4, effective May 22. L. 2005: (3)(e)(IV) and (3)(g) amended, p. 1462, � 1, effective July 1. L. 2006: (3)(e) amended, p. 212, � 1, effective August 7. L. 2007: (3)(j) amended, p. 549, � 4, effective August 3. L. 2010: (3)(j) amended, (HB 10-1223), ch. 41, p. 164, � 2, effective August 11. L. 2011: IP(3), (3)(h)(I), (3)(h)(II), and (3)(i) amended and (3)(k) added, (SB 11-208), ch. 293, p. 1382, � 3, effective July 1. L. 2012: (3)(g) amended, (HB 12-1355), ch. 247, p. 1196, � 3, effective June 4; (3)(k)(I) amended, (HB 12-1317), ch. 248, p. 1203, � 6, effective June 4. L. 2013: (2.1)(c) added, (HB 13-1057), ch. 1, p. 2, � 5, effective January 31; (2.1)(b) repealed, (HB 13-1300), ch. 316, p. 1681, � 48, effective August 7. L. 2022: (2), IP(2.1), (2.1)(a), (2.1)(c), (3)(a), (3)(b), (3)(d), IP(3)(e), (3)(e)(I), (3)(e)(II), (3)(e)(III), (3)(f), (3)(j), (3)(k), IP(4), (4)(a), (4)(b), (4)(c), and (4)(d) amended, (SB 22-162), ch. 469, p. 3404, � 155, effective August 10. L. 2023: (3)(f) amended, (SB 23-285), ch. 235, p. 1253, � 22, effective July 1. L. 2025: (4)(d) amended, (HB 25-1165), ch. 257, p. 1320, � 29, effective August 6.
Editor's note: (1) Subsection (3)(h)(III)(B) provided for the repeal of subsection (3)(h)(III), effective July 1, 2009. (See L. 1999, p. 533.)
(2) Subsection (3)(g)(II) provided for the repeal of subsection (3)(g), effective January 31, 2013, if the revisor of statutes received notification described in � 23-41-209 (2). The revisor of statutes received said notification on January 25, 2013. (See L. 2012, p. 1196.)
Cross references: (1) For the legislative declaration in the 2011 act amending the introductory portion to subsection (3) and subsections (3)(h)(I), (3)(h)(II), and (3)(i) and adding subsection (3)(k), see section 1 of chapter 293, Session Laws of Colorado 2011.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(3) For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 24-10-103
24-10-103. Definitions. As used in this article 10, unless the context otherwise requires:
(1) Controlled agricultural burn means a technique used in farming to clear
the land of any existing crop residue, kill weeds and weed seeds, or to reduce fuel buildup and decrease the likelihood of a future fire.
(1.3) Dangerous condition means either a physical condition of a facility or
the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist and which condition is proximately caused by the negligent act or omission of the public entity or public employee in constructing or maintaining such facility. For the purposes of this subsection (1.3), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period and was of such a nature that, in the exercise of reasonable care, such condition and its dangerous character should have been discovered. A dangerous condition shall not exist solely because the design of any facility is inadequate. The mere existence of wind, water, snow, ice, or temperature shall not, by itself, constitute a dangerous condition.
(1.5) Health-care practitioner means a physician, dentist, clinical
psychologist, or any other person acting at the direction or under the supervision or control of any such persons.
(2) Injury means death, injury to a person, damage to or loss of property, of
whatsoever kind, which, if inflicted by a private person, would lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant.
(2.5) Maintenance means the act or omission of a public entity or public
employee in keeping a facility in the same general state of repair or efficiency as initially constructed or in preserving a facility from decline or failure. Maintenance does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.
(2.7) Motor vehicle means a motor vehicle as defined in section 42-1-102,
C.R.S., and a light rail car or engine owned or leased by a public entity.
(3) (a) Operation means the act or omission of a public entity or public
employee in the exercise and performance of the powers, duties, and functions vested in them by law with respect to the purposes of any public hospital, jail, or public water, gas, sanitation, power, or swimming facility. Operation does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.
(b) The term operation shall not be construed to include:
(I) A failure to exercise or perform any powers, duties, or functions not
vested by law in a public entity or employee with respect to the purposes of any public facility set forth in paragraph (a) of this subsection (3);
(II) A negligent or inadequate inspection or a failure to make an inspection of
any property, except property owned or leased by the public entity, to determine whether such property constitutes a hazard to the health or safety of the public.
(3.5) Prescribed fire means the application of fire in accordance with a
written prescription for vegetative fuels and excludes a controlled agricultural burn.
(4) (a) Public employee means an officer, employee, servant, or authorized
volunteer of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to participate in any type of useful public service. For the purposes of this subsection (4), authorized volunteer means a person who performs an act for the benefit of a public entity at the request of and subject to the control of such public entity and includes a qualified volunteer as defined in section 24-33.5-802 (9).
(b) Public employee includes any of the following:
(I) Any health-care practitioner employed by a public entity, except for any
health-care practitioner who is employed on less than a full-time basis by a public entity and who additionally has an independent or other health-care practice. Any such person employed on less than a full-time basis by a county or a district public health agency and who additionally has an independent or other health-care practice shall maintain the status of a public employee only when such person engages in activities at or for the county or the district public health agency that are within the course and scope of such person's responsibilities as an employee of the county or the district public health agency. For purposes of this subparagraph (I), work performed as an employee of another public entity or of an entity of the United States government shall not be considered to be an independent or other health-care practice.
(II) Any health-care practitioner employed part-time by and holding a clinical
faculty appointment at a public entity as to any injury caused by a health-care practitioner-in-training under such health-care practitioner's supervision. Any such person shall maintain the status of a public employee when such person engages in supervisory and educational activities over a health-care practitioner-in-training at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as an employee of a public entity.
(III) Any health-care practitioner-in-training who is duly enrolled and
matriculated in an educational program of a public entity and who is working at either a public entity or a nonpublic entity. Any such person shall maintain the status of a public employee when such person engages in professional or educational activities at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as a student or employee of a public entity.
(IV) Any health-care practitioner who is a nurse licensed under part 1 of
article 255 of title 12 employed by a public entity. Any such person shall maintain the status of a public employee only when such person engages in activities at or for the public entity that are within the course and scope of such person's responsibilities as an employee of the public entity.
(V) Any health-care practitioner who volunteers services at or on behalf of a
public entity, or who volunteers services as a participant in the community maternity services program;
(VI) Any release hearing officer utilized by the department of corrections and
the state board of parole pursuant to section 17-2-217 (1), C.R.S. A release hearing officer shall maintain the status of a public employee only when the release hearing officer engages in activities that are within the course and scope of his or her responsibilities as a release hearing officer.
(VII) Any administrative hearing officer utilized by the department of
corrections and the state board of parole pursuant to section 17-2-201 (3)(h)(I). An administrative hearing officer shall maintain the status of a public employee only when the administrative hearing officer engages in activities that are within the course and scope of his or her responsibilities as an administrative hearing officer.
(c) Except for persons identified in subsections (4)(b)(II), (4)(b)(III), and
(4)(b)(V) of this section, public employee shall not include any health-care practitioner or any health-care professional as defined in section 13-64-202 (4) who is employed by the university of Colorado hospital authority unless the practitioner or professional is providing services within the course and scope of the person's responsibilities as an employee or volunteer of the university of Colorado hospital authority in a facility that is either located on the Anschutz medical campus or that is operating under the hospital license issued to the university hospital pursuant to part 1 of article 3 of title 25, including off-campus locations. The Health Care Availability Act, article 64 of title 13, is applicable to health-care practitioners and health-care professionals employed by the university of Colorado hospital authority that are not immune from liability under section 24-10-118 because of the definition of public employee specified in this subsection (4)(c).
(5) Public entity means the state, the judicial department of the state, any
county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.
(5.5) Public sanitation facility means structures and related apparatus
used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature that is operated and maintained by a public entity. Public sanitation facility does not include: A public water facility; a natural watercourse even if dammed, channelized, or containing storm water runoff, discharge from a storm sewer, or discharge from a sewage treatment plant outfall; a drainage, borrow, or irrigation ditch even if the ditch contains storm water runoff or discharge from storm sewers; a curb and gutter system; or other drainage, flood control, and storm water facilities.
(5.7) Public water facility means structures and related apparatus used in
the collection, treatment, or distribution of water for domestic and other legal uses that is operated and maintained by a public entity. Public water facility does not include: A public sanitation facility; a natural watercourse even if dammed, channelized, or used for transporting domestic water supplies; a drainage, borrow, or irrigation ditch even if dammed, channelized, or containing storm water runoff or discharge; or a curb and gutter system.
(6) Sidewalk means that portion of a public roadway between the curb
lines or the lateral lines of the traveled portion and the adjacent property lines which is constructed, designed, maintained, and intended for the use of pedestrians.
(7) State means the government of the state; every executive department,
board, commission, committee, bureau, and office; and every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. State does not include the judicial department, a county, municipality, city and county, school district, special district, or any other kind of district, instrumentality, political subdivision, or public corporation organized pursuant to law.
Source: L. 71: p. 1205, � 1. C.R.S. 1963: � 130-11-3. L. 82: (4) amended, p. 604,
� 6, effective July 1. L. 86: (1), (2), and (4) amended, p. 874, � 2, effective July 1. L. 87: (4) amended and (1.5) added, p. 929, � 1, effective June 20. L. 88: (4)(b)(I) amended and (4)(b)(IV) and (4)(b)(V) added, p. 893, � 1, effective March 20. L. 92: (1) and (5) amended and (6) added, p. 1115, � 1, effective July 1. L. 93: (4) amended, p. 571, � 1, effective April 30. L. 2002: (4)(b)(VI) added, p. 490, � 1, effective May 24. L. 2003: (1) and (3)(a) amended and (2.5), (5.5), and (5.7) added, p. 1343, � 2, effective July 1. L. 2004: (4)(b)(V) amended, p. 1200, � 61, effective August 4. L. 2007: (2.7) added, p. 1025, � 1, effective July 1. L. 2008: (4)(b)(VII) added, p. 32, � 1, effective March 13; (4)(b)(I) amended, p. 2051, � 2, effective July 1; (4)(a) amended, p. 610, � 2, effective August 5. L. 2012: (1) amended and (1.3), (3.5), and (7) added, (HB 12-1361), ch. 242, p. 1144, � 1, effective June 4. L. 2013: (5) amended, (HB 13-1294), ch. 313, p. 1644, � 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1681, � 51, effective August 7. L. 2018: (4)(b)(VII) amended, (HB 18-1375), ch. 274, p. 1705, � 35, effective May 29. L. 2019: IP and (4)(b)(IV) amended, (HB 19-1172), ch. 136, p. 1687, � 125, effective October 1. L. 2020: (4)(b)(IV) amended, (HB 20-1183), ch. 157, p. 701, � 55, effective July 1; (4)(c) added, (HB 20-1330), ch. 230, p. 1118, � 1, effective September 14.
Editor's note: Section 3(2) of chapter 230 (HB 20-1330), Session Laws of
Colorado 2020, provides that the act changing this section applies to acts or omissions occuring on or after January 1, 2021.
Cross references: (1) For the exclusion of children ordered to participate in a
work or community service program from the definition of public employee, see � 19-2-308 (8).
(2) For the legislative declaration contained in the 2003 act amending
subsections (1) and (3)(a) and enacting subsections (2.5), (5.5), and (5.7), see section 1 of chapter 182, Session Laws of Colorado 2003.
C.R.S. § 24-101-107
24-101-107. Procurement ethics. Any person who is employed by a governmental body who purchases goods or services or is involved in the purchasing process for the state, any end users of such goods and services, any vendor or contractor that does business with the state, and any other interested third parties to the procurement process shall enhance the proficiency and stature of the purchasing process by adhering to the highest standards of ethical behavior.
Source: Entire section added, (HB 17-1051), ch. 99, p. 301, � 4, effective
August 9.
PART 2
DETERMINATIONS
C.R.S. § 24-101-301
24-101-301. Definitions. The terms defined in this section have the following meanings whenever they appear in this code, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular article or portion thereof:
(1) Acceptance means the action of consenting to receive or undertake
something offered.
(2) Award means the selection of a bid or proposal by a governmental
body. An award does not mean that a contract has been executed or that a commitment voucher has been issued pursuant to section 24-30-202.
(3) Bidder means any person that submits a bid in response to an invitation
for bids.
(4) Business means any corporation, limited liability company, partnership,
individual, sole proprietorship, joint-stock company, joint venture, or other private legal entity.
(5) Business day means any day other than Saturday, Sunday, or a legal
holiday.
(6) Chief procurement officer means the individual to whom the executive
director has delegated his or her authority pursuant to section 24-102-202 to procure or supervise the procurement of all supplies and services needed by the state.
(7) Construction means the process of building, altering, repairing,
improving, or demolishing any public structure or building or any other public improvements of any kind to any public real property. For the purposes of this code, construction includes capital construction and controlled maintenance, as defined in section 24-30-1301.
(8) Contingency-based contract shall have the same meaning as set forth
in section 24-17-203 (1).
(9) Contract means any type of state agreement, regardless of what it may
be called, between a governmental body and a contractor, where the principal purpose is to acquire supplies, services, or construction or to dispose of supplies for the direct benefit of a governmental body. Contract includes commitment vouchers as described in section 24-30-202.
(10) Contract modification means any written alteration of a contract
accomplished in accordance with the terms of that contract.
(11) Contractor means any person having a contract with a governmental
body. For the purposes of this code, a vendor is considered a contractor.
(12) Cooperative purchasing means procurement conducted by, or on
behalf of, more than one public procurement unit or by a public procurement unit with an external procurement unit.
(13) Cost-reimbursement contract means a contract under which a
contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this code and a fee, if any.
(14) Department means the department of personnel.
(15) Established catalog price means the price included in a catalog, price
list, schedule, or other form that:
(a) Is regularly maintained by a manufacturer or contractor;
(b) Is either published or otherwise available for inspection by customers;
and
(c) States prices at which sales are currently or were last made to a
significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.
(16) Executive director means the executive director of the department of
personnel.
(17) External procurement unit means any buying organization not located
in this state which, if located in this state, would qualify as a public procurement unit. An external procurement unit includes any purchasing cooperative that satisfies the purposes of this code as set forth in section 24-101-102. An agency of the United States is an external procurement unit.
(18) Governmental body means any department, commission, council,
board, bureau, committee, institution of higher education, agency, government corporation, or other establishment or official, other than an elected official, of the executive branch of state government in this state; except that the governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be excluded from the meaning of governmental body.
(19) Grant means an agreement in which a governmental body as grantor
transfers anything of value to a grantee to carry out a public purpose of support or stimulation authorized by law instead of acquiring property or services for the direct benefit or use of that governmental body. A grant may include a distribution of funds.
(20) Invitation for bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids. Invitation for bids is the commonly used term for soliciting competitive sealed bids and competitive sealed best value bids.
(21) Legal holiday shall have the same meaning as defined in section 24-11-101 (1).
(22) Local public procurement unit means any county, city, county and city,
municipality, or other political subdivision of the state, any public agency of any such political subdivision, any public authority, any educational, health, or other institution, and, to the extent provided by law, any other entity which expends public funds for the procurement of supplies, services, and construction.
(23) Low responsible bidder means any person who has bid in compliance
with the invitation for bids and within the requirements of the plans and specifications for a public contract who is the low bidder and who has furnished bonds or their equivalent if required by law.
(24) Low tie bids means low responsible bids from bidders that are
identical in amount and that meet all the requirements and criteria set forth in the invitation for bids pursuant to this code.
(25) Nonresident bidder means a bidder that does not satisfy the criteria to
be a resident bidder.
(26) Offeror means any person that submits a proposal in response to a
request for proposals.
(27) Person means any business, individual, union, committee, club, other
organization, joint venture, or group of individuals.
(28) Procurement means buying, purchasing, renting, leasing, or otherwise
acquiring any supplies, services, or construction. Procurement includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Procurement also includes the procurement of information technology as defined in section 24-37.5-102 (12).
(29) Procurement agent means any person duly authorized to enter into
and administer procurements and make written determinations with respect thereto. Procurement agent includes an authorized representative acting within the limits of his or her authority.
(30) Procurement official means the individual of a purchasing agency with
purchasing authority created pursuant to section 24-102-202 (3) or 24-102-302 (2) or the individual authorized to enter into contracts for capital construction or controlled maintenance pursuant to section 24-30-1303 (5).
(31) Except as otherwise provided in section 24-103-1103 (13), professional
services means services of accountants, clergy, physicians, lawyers, and dentists and such other services as may be procured through agents of those services, excluding those professional services as defined in section 24-30-1402, as the executive director may by rule designate as professional services.
(32) Public employee means an individual drawing a salary from a
governmental body or a noncompensated individual performing personal services for a governmental body.
(33) Public procurement unit means either a local public procurement unit
or a state public procurement unit.
(34) Purchase description means the words used in a solicitation to
describe the supplies, services, or construction to be purchased, and includes specifications attached to, or made a part of, the solicitation.
(35) Purchasing agency means any governmental body which is authorized
to enter into contracts by section 24-102-302 (1) by way of delegation from the executive director pursuant to section 24-102-302 (2) or by the way of delegation from the executive director.
(36) Request for proposals means all documents, whether attached or
incorporated by reference, utilized for soliciting proposals. Request for proposals is the commonly used term for soliciting competitive sealed proposals.
(37) Resident bidder means:
(a) A person that is authorized to transact business in Colorado and that
maintains its principal place of business in Colorado; or
(b) A person that:
(I) Is authorized to transact business in Colorado;
(II) Maintains a place of business in Colorado; and
(III) Has paid Colorado unemployment compensation taxes in at least six of
the eight quarters immediately prior to bidding on a construction contract for a public project.
(38) Responsible means the capability in all respects to perform fully the
contract requirements and the integrity and reliability that will assure good faith performance.
(39) Responsive means a bid or proposal that meets the specifications,
acceptability requirements, and terms and conditions of the solicitation and that uses the form prescribed by the purchasing agency.
(40) Rules means state procurement rules and has the same meaning as
provided in section 24-4-102 (15).
(41) Sealed means a bid or proposal submitted in a manner that:
(a) Ensures that the contents of the bid, proposal, or best value bid cannot be
opened or viewed before the formal bid opening without leaving evidence that the document has been opened or viewed;
(b) Ensures that the document cannot be changed, once received by the
state, without leaving evidence that the document has been changed;
(c) Bears a physical or electronic signature, as electronic signature is
defined in the Uniform Electronic Transactions Act, section 24-71.3-102 (8), evincing an intent by the bidder or offeror to be bound; and
(d) Records, manually or electronically, the date and time the bid or proposal
is received by the state and that cannot be altered without leaving evidence of the alteration.
(42) Services means the furnishing of labor, time, or effort by a contractor
not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. The term does not include professional services as defined in section 24-30-1402.
(43) Solicitation means all documents and related information, whether
attached or incorporated by reference, published on an electronic procurement system in connection with a procurement prior to the response deadline.
(44) Specification means any description of the physical or functional
characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery.
(45) State public procurement unit means the department of personnel or
any other purchasing agency of this state.
(46) Statement of work means a document that defines specific activities
and deliverables and their respective timelines, all of which form a contractual obligation upon the vendor in providing services to the state.
(47) Supplies means all property, including but not limited to equipment,
materials, and insurance. The term does not include land, the purchase of an interest in land, water or mineral rights, workers' compensation insurance, benefit insurance for state employees, or property furnished in connection with public printing, as defined in section 24-70-201.
(48) Using agency means any governmental body of the state which
utilizes any supplies, services, or construction procured under this code.
Source: L. 81: Entire article added, p. 1261, � 1, effective January 1, 1982. L.
85: (1) R&RE and (1.5) added, p. 873, �� 1, 2, effective June 6. L. 90: (1.5) amended, p. 449, � 23, effective April 18; (22) amended, p. 570, � 56, effective July 1. L. 93: (7) repealed, p. 1786, � 65, effective June 6. L. 95: (8), (9), and (21) amended, p. 661, � 91, effective July 1. L. 96: (17) and (21) amended, p. 1533, � 98, effective June 1. L. 2003: (10.5) added, p. 1588, � 2, effective May 2. L. 2004: (10) amended, p. 605, � 8, effective July 1. L. 2009: (10) amended, (SB 09-089), ch. 440, p. 2434, � 2, effective June 4. L. 2010: (10) amended, (SB 10-111), ch. 170, p. 603, � 12, effective August 11. L. 2012: (10)(a) amended, (HB 12-1081), ch. 210, p. 907, � 15, effective August 8. L. 2017: Entire section amended with relocated provisions, (HB 17-1051), ch. 99, p. 302, � 6, effective August 9. L. 2020: (30) amended, (HB 20-1402), ch. 216, p. 1052, � 48, effective June 30. L. 2021: (28) amended, (HB 21-1236), ch. 211, p. 1116, � 19, effective September 7. L. 2022: (31) amended, (SB 22-163), ch. 433, p. 3055, � 2, effective June 8. L. 2024: IP, (28), and (43) amended, (SB 24-204), ch. 306, p. 2069, � 1, effective August 7.
Editor's note: This section is similar to former �� 24-103-101, 24-104-101, and
24-110-101 as they existed prior to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
Cross references: For the legislative declaration contained in the 1995 act
amending subsections (8), (9), and (21), see section 112 of chapter 167, Session Laws of Colorado 1995.
PART 4
PROCUREMENT RECORDS AND INFORMATION
C.R.S. § 24-102-202
24-102-202. Authority of the executive director and chief procurement officer - delegation of authority - rules. (1) Consistent with the provisions of this code, the executive director may adopt operational procedures governing the internal functions of the department.
(2) (a) The executive director may promulgate rules in accordance with the
State Administrative Procedure Act, article 4 of this title 24, in furtherance of the administration of this code.
(b) The executive director may delegate his or her authority to promulgate
rules.
(c) No rule promulgated pursuant to this section shall change any
commitment, right, or obligation of the state or of a contractor under a contract in existence on the effective date of such rule.
(3) Subject to rules, the executive director may delegate the executive
director's purchasing authority to designees or to any governmental body or elected official.
(4) Except as otherwise specifically provided in this code, the chief
procurement officer shall, pursuant to rules:
(a) Procure or supervise the procurement of all supplies and services needed
by the state;
(b) Repealed.
(c) Establish and maintain programs for the inspection, testing, and
acceptance of supplies and services;
(d) Retain the right to examine each requisition submitted by a using agency
and approve, disapprove, or revise it as to quantity or quality;
(e) Develop and maintain programs and procedures to delegate purchasing
authority in order to conserve resources for management of the statewide purchasing system; and
(f) Develop programs to evaluate and reduce the administrative costs of the
statewide procurement function.
Source: L. 81: Entire article added, p. 1263, � 1, effective January 1, 1982. L.
86: (2)(b) repealed, p. 757, � 13, effective July 1, 1987. L. 90: (2)(e) and (2)(f) added, p. 1307, � 2, effective July 1. L. 96: (1) and IP(2) amended, p. 1511, � 33, effective June 1. L. 2017: Entire section amended with relocated provisions, (HB 17-1051), ch. 99, p. 308, � 9, effective August 9. L. 2024: (3) amended, (SB 24-204), ch. 306, p. 2069, � 2, effective August 7.
Editor's note: This section is similar to former �� 24-102-401 and 24-102-204
as they existed prior to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
C.R.S. § 24-102-202.5
24-102-202.5. Supplier database - fees - cash fund - program account - repeal. (1) The executive director shall develop a centralized database that includes a listing of all businesses which are interested in providing goods and services to the state. The businesses in the database shall be identified by a registration number, and the executive director shall develop a procedure for notifying the appropriate businesses whenever the state issues solicitations for goods or services which a particular business provides. The database shall be accessible through the department of personnel to all purchasing agencies designated pursuant to section 24-102-302 (2).
(2) (a) The executive director may require each business that wishes to be
included in the database created pursuant to subsection (1) of this section to pay a registration fee as determined by the executive director. The executive director may set and collect fees as necessary to cover the direct and indirect costs that are incurred in implementing this section. The revenue from such fees shall be transmitted to the state treasurer, who shall credit the same to the supplier database cash fund, which fund is created. The general assembly shall make appropriations from the fund as necessary to implement this section. All money not expended or encumbered shall remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year.
(b) (Deleted by amendment, L. 2009, (SB 09-099), ch. 420, p. 2336, � 1,
effective June 4, 2009.)
(c) (I) For state fiscal years commencing on or before July 1, 2024, and on or
after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the supplier database cash fund to the supplier database cash fund.
(II) Notwithstanding subsection (2)(a) of this section, for the state fiscal year
commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the supplier database cash fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer two hundred
sixty-six thousand seven hundred ninety-eight dollars from the supplier database cash fund to the general fund.
(B) This subsection (2)(c)(III) is repealed, effective July 1, 2026.
(2.5) (a) The executive director shall develop and implement a statewide
centralized electronic procurement system to allow the utilization of technology to create a more efficient delivery of state procurement services. The executive director may set and collect fees from vendors with cooperative purchasing agreements and from local public procurement units that are participating in the electronic procurement system, as necessary to cover the direct and indirect costs of implementing and maintaining the electronic procurement system. In addition, the executive director may collect moneys from cooperative purchasing organizations for procurement support.
(b) (Deleted by amendment, L. 2017.)
(c) The revenue from the fees and any moneys collected from cooperative
purchasing organizations pursuant to subsection (2.5)(a) of this section shall be transmitted to the state treasurer, who shall credit the same to the supplier database cash fund created in subsection (2)(a) of this section.
(3) The provisions of this section shall not apply to contractors required to be
approved pursuant to the provisions of section 24-30-1303 (1)(q).
Source: L. 92: Entire section added, p. 1110, � 1, effective July 1. L. 95: (1)
amended, p. 662, � 93, effective July 1. L. 96: (1) and (2) amended, p. 1511, � 34, effective June 1. L. 2003: (2) amended, p. 458, � 17, effective March 5. L. 2009: (1) and (2)(b) amended and (2.5) added, (SB 09-099), ch. 420, p. 2336, � 1, effective June 4. L. 2013: (2)(a) and (2.5) amended, (HB 13-1184), ch. 75, p. 242, � 1, effective March 22. L. 2017: (1), (2)(a), and (2.5) amended, (HB 17-1051), ch. 99, p. 309, � 10, effective August 9. L. 2025: (2)(a) amended and (2)(c) added, (SB 25-317), ch. 385, p. 2158, � 38, effective June 3.
Cross references: (1) For the legislative declaration contained in the 1995
act amending subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the legislative declaration in SB 25-317, see section 1 of chapter 385,
Session Laws of Colorado 2025.
C.R.S. § 24-102-206
24-102-206. Contract performance outside the United States or Colorado - notice - penalty. (1) (a) Prior to contracting or as a requirement for the solicitation of any contract from the state for services, as appropriate, any prospective vendor shall disclose in a written statement of work whether it anticipates subcontracting any services under the contract, where such subcontracted services will be performed under the contract, including any subcontracts, and whether any subcontracted services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor shall provide in its written statement of work a provision setting forth why it is necessary or advantageous to go outside the United States or the state to perform the contract or any subcontracts.
(b) Each contract entered into or renewed by a governmental body pursuant
to this code must contain a clause that requires the vendor to provide written notice to the governmental body if the vendor decides, after the contract is awarded, to perform services under the contract outside the United States or the state or to subcontract services under the contract to a subcontractor that will perform such services outside the United States or the state. The contract must specify that the vendor is required to provide such written notice no later than twenty days from the time the vendor decides to perform services under the contract outside the United States or the state or subcontracts services under the contract to a subcontractor that will perform such services in a location outside the United States or the state.
(2) The written notification required by paragraphs (a) and (b) of subsection
(1) of this section must include, but need not be limited to, a statement of the type of services that will be performed at a location outside the United States or the state and the reason why it is necessary or advantageous to go outside the United States or the state to perform such services.
(3) A governmental body shall provide written notice to the department of
personnel if it awards a contract to a vendor that has provided written notice pursuant to paragraph (a) or (b) of subsection (1) of this section that the vendor or the vendor's subcontractor will perform services under the contract outside the United States or the state.
(4) If a vendor knowingly fails to notify the governmental body of any
outsourced services as specified in this section, the governmental body may, in the governmental body's discretion, terminate the contract.
(5) The executive director shall post any notice that a vendor provides to a
governmental body pursuant to this section on the official website of the department.
(6) Nothing in this section applies to any contract to which the state is a
party under medicare, the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, or the Children's Basic Health Plan Act, article 8 of title 25.5.
(7) Nothing in this section applies to any project that receives federal
moneys. In addition, nothing in this section contravenes any existing treaty, law, agreement, or regulation of the United States. Contracts entered into in accordance with any treaty, law, agreement, or regulation of the United States do not violate this section to the extent of that accordance. The requirements of this section are suspended if such requirements would contravene any treaty, law, agreement, or regulation of the United States, or would cause denial of federal moneys or preclude the ability to access federal moneys that would otherwise be available.
Source: L. 2007: Entire section added, p. 1237, � 1, effective August 3. L.
2013: Entire section amended, (HB 13-1292), ch. 266, p. 1402, � 12, effective May 24. L. 2024: (6) amended, (HB 24-1399), ch. 76, p. 255, � 16, effective July 1, 2025.
Cross references: In 2013, this section was amended by the Keep Jobs in
Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
C.R.S. § 24-102-206.5
24-102-206.5. Contract performance outside the United States or Colorado - annual report. (1) On January 1, 2014, and on each January 1 thereafter, a governmental body shall submit an annual report to the general assembly if the governmental body entered into one or more contracts with a vendor during the previous state fiscal year and received written notice from one or more vendors pursuant to section 24-102-206 (1)(b) that the vendor or the vendor's subcontractor would perform services under the contract outside the United States or the state.
(2) (a) The purpose of the report required in subsection (1) of this section is to
notify taxpayers and the general assembly regarding the use of United States and state tax dollars on state contracts in which services under the contract are performed outside the United States or the state. The governmental body shall provide information required in the report based on the information that vendors submitted to the governmental body pursuant to section 24-102-206 during the previous state fiscal year.
(b) The report must separate data by state contract type and provide
information regarding the type and the percentage of the total services that were performed outside the United States or the state by each vendor or a vendor's subcontractor under each state contract.
(c) The report required by subsection (1) of this section must also include a
description of any initiatives that the governmental body has taken to actively reduce the number of contracts in which a vendor or vendor's subcontractor perform services under the contract outside the United States or the state.
(d) A governmental body that is required to submit a report pursuant to
subsection (1) of this section may include the report in its annual report to the general assembly required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act.
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1404, � 13,
effective May 24.
Cross references: In 2013, this section was added by the Keep Jobs in
Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
C.R.S. § 24-103-1001
24-103-1001. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) It is imperative and the public policy of Colorado that the state
procurement process be free from bias so that all qualified persons and entities may compete for state business;
(b) A fair procurement process not only ensures justice and fairness in state
contracting but will broaden the procurement contractor pool, which will result in efficiencies statewide and, as warranted, promote the growth of historically underutilized businesses, thereby creating jobs and stimulating the state's economy;
(c) Although studies establishing discrimination in procurement for certain
industries or in certain localities have been conducted, a comprehensive analysis of state contracts awarded to historically underutilized businesses has not yet been commissioned;
(d) The United States supreme court has recognized that disparity studies
are tools that seek to qualify and quantify past discrimination and recommend certain corrective measures as may be warranted by the study's findings;
(e) If any disparities exist, such a study is essential to the ultimate
achievement of a marketplace in which historically underutilized businesses are not subject to discrimination and can obtain a fair market share of contract expenditures; and
(f) Therefore, it is the intent of the general assembly, consistent with the
code's stated policies of ensuring the fair and equitable treatment of persons who deal with the procurement system and fostering effective broad-based competition within the free enterprise system, that an independent study be commissioned to:
(I) Determine the frequency with which state contracts are awarded to
historically underutilized businesses and the monetary amounts of such awards, compared to the frequency and size of contracts awarded to other businesses; and
(II) To the extent that the study establishes that disparities attributable to
past or present discrimination exist or inhere in the state procurement process, to recommend remedial measures to address the effects of that discrimination.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3413, � 1, effective
July 1.
C.R.S. § 24-103-1002
24-103-1002. Definitions. As used in this part 10, unless the context otherwise requires:
(1) Contract has the same meaning as set forth in section 24-101-301 (9)
and includes public-private partnerships and other agreements for public-private financing.
(2) Contractor means any person who is a party to a contract.
(3) Historically underutilized business means a business:
(a) That is at least fifty-one percent owned by one or more individuals who
are:
(I) United States citizens or permanent resident aliens; and
(II) One or more of the following:
(A) Members of a racial or ethnic minority group;
(B) Non-Hispanic Caucasian women;
(C) Persons with physical or mental disabilities; or
(D) Members of the lesbian, gay, bisexual, and transgender community; and
(b) For which the minority ownership controls both the management and day-to-day business decisions.
(4) Persons with physical or mental disabilities means persons who:
(a) Have impairments that substantially limit one or more major life activities;
(b) Are regarded generally by the community as having a disability; and
(c) Whose disabilities substantially limit their abilities to engage in
competitive business.
(5) Racial or ethnic minority group means:
(a) African American persons, meaning individuals having origins in any of
the black racial groups;
(b) Hispanic American persons, including persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c) Asian American persons, including persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or
(d) Native American persons, including persons who are American Indians,
Eskimos, Aleuts, or Hawaiians of Polynesian descent.
(6) Subcontractor means any person who is a party to a contract with a
contractor.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3414, � 1, effective
July 1.
C.R.S. § 24-103-1003
24-103-1003. Disparity study - report. (1) (a) The executive director shall commission a state disparity study regarding the participation of historically underutilized businesses in state contracts entered into by all principal departments of the executive branch of state government as specified in section 24-1-110, including any division, office, agency, or other unit created within a principal department and including institutions of higher education and the Colorado commission on higher education; except that the study shall not include those entities that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b). The study shall include state contracts entered into during the 2014-15, 2015-16, 2016-17, and 2017-18 state fiscal years.
(b) (I) The study must be conducted, and a final report prepared, by an entity
independent of the department that is selected in response to a request for proposal issued in accordance with this code.
(II) The entities subject to the study pursuant to subsection (1)(a) of this
section shall cooperate fully with the independent contractor engaged to conduct the study.
(c) The study and final report setting forth the study's methodologies,
findings, and recommendations must be provided by December 1, 2020, to:
(I) The members of the general assembly; and
(II) The executive director, who shall transmit a copy of the disparity study
final report produced pursuant to this section to the director of the minority business office created in section 24-49.5-102, which shall post the report on that office's official website.
(d) The executive director or the executive director's designee shall include
the findings and recommendations from the final report required by subsection (1)(c) of this section in its report to the applicable house and senate committees of reference required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(2) (a) The purposes of the disparity study undertaken pursuant to this
section are:
(I) To determine whether there is a disparity between the number of qualified
historically underutilized businesses that are ready, willing, and able to perform state contracts for goods and services, and the number of such contractors actually engaged to perform such contracts, which information must be ascertained by evaluating the prime contracts and subcontracts awarded in the following industries:
(A) Construction, including new construction, remodeling, renovation,
maintenance, demolition and repair of any public structure or building, pipeline construction, and other public improvements;
(B) Architecture and engineering, including construction management,
landscape architecture, planning, surveying, mapping services, and design, build, and construction services;
(C) Professional services, including legal services, accounting, information
technology services, medical services, technical services, research planning, and consulting services;
(D) Brokerage and investment, including banking, asset management, state
retirement, and pension services; and
(E) Goods and services that may be provided or performed without
professional licensure or special education or training, including, but not limited to, goods and services relating to materials, supplies, equipment, maintenance, personnel, pharmaceuticals, and food;
(II) To determine whether, of the total amount spent on state contracts in a
fiscal year, there is a disparity between the percentage of spending attributable to contracts awarded to qualified historically underutilized businesses and the percentage of state contracts that were awarded to historically underutilized businesses in that fiscal year; and
(III) To determine what changes, if any, should be made to state policies
affecting historically underutilized businesses.
(b) The disparity study must specifically include the following analyses, both
for the historically underutilized businesses as a group and for each subgroup, as set forth in section 24-103-1002 (3)(a)(II):
(I) A prime contractor utilization analysis that presents the distribution of
prime contracts by industry;
(II) A subcontractor utilization analysis that presents the distribution of
subcontracts by the industries described in subsection (2)(a)(I) of this section;
(III) A market area analysis that presents the legal basis for the geographical
market area determination and defines the state's market area;
(IV) A prime contractor and subcontractor availability analysis that presents
the distribution of available businesses in the state's market area;
(V) A prime contractor disparity analysis that presents prime contractor
utilization compared to prime contractor availability by industry and determines whether the comparison is statistically significant;
(VI) A subcontractor disparity analysis that presents subcontractor
utilization compared to subcontractor availability by industry and determines whether the comparison is statistically significant;
(VII) A qualitative analysis that presents the business community's
experiences and perceptions of barriers encountered in contracting or attempting to contract with the state; and
(VIII) Recommendations regarding best management practices and ways to
enhance Colorado's contracting and procurement activities with historically underutilized businesses.
(c) (I) Any conclusion that discrimination-related disparity exists between the
availability and utilization of historically underutilized businesses must be supported by statistical evidence and may be supplemented or supported by anecdotal evidence.
(II) If the analysis supports a finding that such disparity exists, the report
must include recommendations to address the disparity, including any statutory changes likely to cure, mitigate, or redress such disparity. Any proposed remedial measures must be tailored to address documented statistical disparities in procurement policies.
(3) The general assembly may annually appropriate to the department of
personnel such amount as it deems appropriate for the purposes specified in this part 10. Any unexpended and unencumbered money from an appropriation made for the purposes of this part 10 remains available for expenditure by the department for the purposes of this part 10 in the next fiscal year without further appropriation.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3415, � 1, effective
July 1.
C.R.S. § 24-103-1102
24-103-1102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) When it enacted Senate Bill 19-135 in 2019, it found, determined and
declared, in section 24-103-1001, the importance of ensuring an equitable state procurement process;
(b) As required by Senate Bill 19-135, the department contracted with an
entity independent of the department to conduct a state disparity study regarding the participation of historically underutilized businesses, which included a review of minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and businesses owned by members of the lesbian, gay, bisexual, and transgender community, in state contracts entered into by any department, agency, or institution of the executive branch of state government;
(c) The state disparity study examined whether a disparity exists between
the percentage of state contract dollars going to historically underutilized businesses and the percentage that might be expected to go to those businesses based on the relative number of those businesses that are ready, willing, and able to perform different types, sizes, and locations of state contracts;
(d) The independent entity completed the required state disparity study and
issued the 2020 state of Colorado disparity study final report in November 2020, which found that:
(I) Minority-owned and women-owned businesses received about eight
percent of state contract dollars, below the twenty-eight percent expected from the availability analysis;
(II) Utilization of firms owned by persons with disabilities was less than one
percent of contract dollars, below the twelve percent expected from the availability analysis;
(III) A very small percentage of contract dollars went to businesses certified
as being owned by members of the lesbian, gay, bisexual, and transgender community (LGBT-certified businesses), but because a very small number of businesses in the availability analysis were LGBT-certified businesses, that utilization is comparable to the availability benchmark for LGBT-certified businesses;
(IV) There was a substantial disparity between utilization and availability for
firms owned by African American persons, Hispanic American persons, Native American persons, white women, and persons with disabilities for state construction, construction-related professional services, other professional services, goods and other services contracts;
(V) There was a substantial disparity for businesses owned by Asian
American persons for other professional services contracts; and
(VI) For state brokerage and investment contracts, there were substantial
disparities between utilization and availability of businesses owned by African American persons, Hispanic American persons, Native American persons, and white women;
(e) As detailed in the state disparity study report, the results of the study
indicate that disparities between availability of historically underutilized businesses and utilization of such businesses exists in state contracting;
(f) Although the state is already endeavoring to help small businesses obtain
state contracts, it is doing so with limited tools and resources;
(g) The disparities identified in the state disparity report are likely to persist
unless further action is taken; and
(h) The state disparity study report recommended that the general assembly
consider enacting legislation to authorize and fund a procurement equity program to address the specific disparities shown in the state disparity study report for historically underutilized businesses based on industry and business ownership.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3046, � 1,
effective June 8.
C.R.S. § 24-103-1103
24-103-1103. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Construction-related professional services means services with
architecture and engineering, surveying, real estate consulting, and related work.
(2) Disparity means an inequality, difference, or gap between an actual
outcome and a reference point or benchmark.
(3) Disparity index means a measure of the relative difference between an
outcome, such as percentage of contract dollars received by a group, and a corresponding benchmark, such as the percentage of contract dollars that might be expected given the relative availability of that group for those contracts. In this example, disparity index is calculated by dividing a numerator of percent utilization by a denominator of percent availability and then multiplying the result by 100. A disparity index of 100 indicates parity or utilization on par with availability. Disparity index figures closer to 0 indicate larger disparities between utilization and availability.
(4) Historically underutilized business means an entity:
(a) That is a business, for-profit corporation, sole proprietorship, partnership,
or joint venture that is more than fifty percent owned by one or more individuals who are:
(I) United States citizens or permanent resident aliens; and
(II) One or more of the following:
(A) Members of a racial or ethnic minority group; except that a business
owned by Asian American persons is a historically underutilized business only with respect to state procurement for other professional services contracts, as that term is defined in the state disparity study;
(B) Non-Hispanic Caucasian women; or
(C) Persons with disabilities; and
(b) For which the minority ownership controls both the management and day-to-day business decisions.
(5) Industry means businesses within one of the following economic
sectors:
(a) Construction;
(b) Construction-related professional services;
(c) Brokerage and investment;
(d) Other professional services; and
(e) Goods and other services.
(6) Minority business office means the minority business office created in
section 24-49.5-102.
(7) Office means the office of economic development created in section
24-48.5-101 (1).
(8) Persons with disabilities means persons who:
(a) Have physical or mental impairments, or both, that substantially limit one
or more major life activities;
(b) Are regarded generally by the community as having a disability; and
(c) Whose disabilities substantially limit their abilities to engage in
competitive business.
(9) Prime contract means a contract between the state and a business.
(10) Prime contractor means a construction business that performs a prime
contract for the state.
(11) Procurement technical assistance center means the entity through
which a procurement technical assistance program is provided.
(12) Procurement technical assistance program has the same meaning as
set forth in section 24-48.5-121 (2)(d).
(13) Professional services means types of work in the service sector
requiring special training. Some professional services such as accounting and law, require holding professional licenses.
(14) Program means the state procurement equity program established in
section 24-103-1104 (1).
(15) Racial or ethnic minority group means individuals who belong to one or
more racial or ethnic groups identified in 49 CFR Section 26.5:
(a) African American persons, including persons having origins in any of the
black racial groups of Africa;
(b) Hispanic American persons, including persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c) Asian American persons, including persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or
(d) Native American persons, including persons who are American Indians,
Eskimos, Aleuts, or Hawaiians of Polynesian descent.
(16) Remedial measure means an action designed to address barriers to
full participation of a targeted group.
(17) Small business means a business that qualifies as a small business
pursuant to 13 CFR 121.
(18) Small business development center has the same meaning as set forth
in section 24-48.5-121 (2)(f).
(19) Solicitation assistance means the provision of real-time responses to
questions asked by potential contractors who seek guidance as to how best to respond to solicitations for state contracts, including guidance regarding availability of opportunities, interpretation of solicitation documents, and solicitation response procedures and best practices. Solicitation assistance does not include guidance specific to a particular solicitation for a state contract that could reasonably be expected to provide an unfair advantage to the potential contractor over other potential contractors responding to the solicitation.
(20) State disparity study or study means the study regarding the
participation of historically underutilized businesses in state contracts entered into by all principal departments of state government that was commissioned by the executive director as required by section 24-103-1003.
(21) State disparity study report or report means the 2020 State of
Colorado Disparity Study Final Report published in November 2020.
(22) Subcontractor means any person who is a party to an agreement with
a prime contractor for the purpose of performing a portion of the work that the prime contractor is obliged to perform or have performed under a contract.
(23) Substantial disparity means a disparity where the disparity index is
less than 80, which can indicate evidence of discrimination affecting the outcome.
(24) Utilization means the percentage of total contract dollars of a
particular type of work going to a specific group of businesses.
(25) Women-owned business or WBE means a business that is at least
fifty-one percent owned and controlled by one or more individuals that are non-minority women.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3048, � 1,
effective June 8.
C.R.S. § 24-103-1104
24-103-1104. State procurement equity program - established - goal - preliminary implementation maximization of contracting opportunities - expansion of historically underutilized business registry - real-time solicitation assistance help desk - bond assistance program - cash fund - report. (1) (a) The state procurement equity program is established in the department. The department, in accordance with its existing state procurement related duties of promulgating state contracting fiscal rules and providing procurement related guidance and management, including contract forms and the contract management system, to most state executive branch agencies, shall act to ensure the expeditious development and full implementation of the program as required by this part 11. The department shall act in consultation with, to the extent required by this part 11 or as otherwise deemed necessary or advisable by the department, the office, the procurement technical assistance center, the small business development center, the minority business office, the department of transportation, and other persons or entities that have expertise or interest in procurement generally or in state procurement equity.
(b) The goal of the program is to reduce disparities identified in the state
disparity study report between the availability of historically underutilized businesses and the utilization of such businesses in state procurement.
(2) As implementation of the program, the department shall:
(a) Provide, at all times during regular state business hours, solicitation
assistance through a help desk. The department shall track usage of solicitation assistance and, to the extent feasible, follow up with recipients of solicitation assistance to determine and track the extent to which they have succeeded in being awarded state contracts. The department shall also continuously monitor usage of the solicitation assistance help desk to determine whether the amount of human and financial resources dedicated to the provision of solicitation assistance is optimal to meet demand while stewarding state resources.
(b) (I) Create a bond assistance program to help historically underutilized
businesses that are small businesses to offset all or a portion of the cost of obtaining a surety bond that is required for a solicitation for a state procurement opportunity.
(II) The bond assistance program cash fund is hereby created in the state
treasury. The fund consists of general fund money transferred to the fund as required by subsection (2)(b)(III) of this section and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the department for the implementation of the bond assistance program.
(III) On July 1, 2022, the state treasurer shall transfer two million dollars from
the general fund to the bond assistance program cash fund.
(c) Carefully consider all of the recommendations in the state disparity study
report that are not required to be implemented pursuant to subsections (2)(a) to (2)(c) of this section to determine whether, using only existing resources, it can implement or make meaningful progress towards implementing any of the recommendations. If the department determines that it can implement or make meaningful progress towards implementing any such recommendation using only existing resources, it shall do so.
(3) The department shall report to the general assembly regarding its
preliminary implementation of the program during the department's January 2025 departmental presentation to legislative committees of reference required by section 2-7-203 (2)(a).
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3051, � 1,
effective June 8.
C.R.S. § 24-103-1105
24-103-1105. State procurement equity program implementation - stakeholder group - recommendations - report - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) The state seeks recommendations from state procurement stakeholders,
as convened pursuant to subsection (2) of this section for the implementation of remedial measures, including remedial measures using procurement equity tools, and quantification of the amount of additional funding and personnel required to both implement specific remedial measures and fully implement the program; and
(b) To support the intent of the general assembly in enacting this part 11, the
remediation of disparities in state procurement, through thoughtful, efficient, and effective implementation of the program that takes into account the professional expertise and lived experience of state procurement stakeholders as convened pursuant to subsection (2) of this section, it is necessary, appropriate, and in the best interest of the state to require the department to convene, contract with a facilitator to facilitate discussion among, engage in consultation with, and strongly consider the formal policy recommendations of a stakeholder group that may be comprised, to the extent practicable, of representatives of historically underutilized businesses and small businesses, governmental entities, federal and local organizations that provide procurement technical assistance or outreach to historically underutilized businesses and small businesses, and such other persons with relevant professional experience, including government procurement and government contracting experience as the department deems appropriate.
(2) The department shall convene, contract with a facilitator to facilitate
discussion among, and engage in consultation with a stakeholder group, which, to the extent practicable may consist of:
(a) The following state government employees:
(I) An employee of the department who has extensive experience and
expertise in state procurement;
(II) An employee of the office who has been involved in the office's
administration of or is otherwise knowledgeable about the procurement technical assistance program, the small business COVID-19 grant program created in section 24-48.5-126, or the COVID-19 relief for disproportionately impacted businesses program created in section 24-48.5-127;
(III) An employee of the minority business office; and
(IV) An employee of the department of transportation who has significant
experience and expertise regarding the department of transportation's civil rights programs that establish, administer, and enforce the department of transportation's diversity, equity, and inclusion requirements for engineers, contractors, consultants, local agencies, and transit providers;
(b) An employee of the city and county of Denver's division of small business
opportunity who has significant experience and expertise regarding the programs and operation of the division;
(c) An employee of the procurement technical assistance center;
(d) An owner or high-level employee of each of the following types of
historically underutilized businesses:
(I) A business owned by one or more women;
(II) A business owned by one or more African American persons;
(III) A business owned by one or more Asian American persons;
(IV) A business owned by one or more Hispanic American persons;
(V) A business owned by one or more Native American persons; and
(VI) A business owned by one or more persons with disabilities;
(e) To the extent practicable, an owner or high-level employee of each of the
following types of businesses that are not historically underutilized businesses and that have competed for or been awarded state contracts:
(I) A small business;
(II) A business that is not a small business but that has fewer than five
hundred employees and a demonstrable record of successful engagement and contracting with small businesses;
(III) A business that has more than five hundred employees and a
demonstrable record of successful engagement and contracting with small businesses; and
(IV) With consideration for the volume of construction contracts awarded
annually by the state, a representative of the associated general contractors; and
(f) Any other individuals who have a demonstrable commitment to furthering
equity in government procurement and substantial knowledge of procurement equity best practices who the department deems necessary or appropriate to include in the stakeholder group.
(3) The stakeholder group convened as required by subsection (2) of this
section shall:
(a) Closely examine the findings, conclusions, and recommendations in the
state disparity study report;
(b) Using the information in the state disparity study report as a baseline for
studying procurement equity programs in other states and at the federal and large local government level, identify best practices for successful procurement equity program implementation and administration; and
(c) No later than November 1, 2023, present to the department a report of
specific findings, remedial measures, and recommendations that includes, at a minimum:
(I) Prioritization of the recommendations outlined in the state disparity study
report. The prioritization may include written explanations of recommendations that specify whether recommendations in the report will be implemented and the remedial measures that will be taken to support program implementation in a manner that is sufficiently comprehensive to meet the state's goal of reducing disparities between the availability of historically underutilized businesses and their utilization in state procurement and increasing such utilization.
(II) Confirmation or refutation of the disparity study report finding of no
substantial disparity between available and utilized lesbian, gay, bisexual, and transgender businesses;
(III) Confirmation or refutation of the disparity study report finding of no
substantial disparity between availability and utilization of businesses owned by Asian American persons for construction, construction-related professional services, goods and other services contracts, brokerage, and investment;
(IV) A preliminary estimate of the amount of initial and ongoing funding,
personnel, information technology resources, and other resources needed to implement the policy recommendations and remedial measures in accordance with subsection (3)(b) of this section;
(V) A step-by-step timeline for full implementation of the program;
(VI) Suggested methodologies and metrics for monitoring and evaluating the
success of the program and ensuring program accountability; and
(VII) Identification of any public or private sources of funding or other
resources that may be available to expedite the implementation or ongoing administration of the program and reduce costs to the state.
(4) The department shall report on the progress and policy recommendations
and any suggested remedial measures of the stakeholder group, the preliminary plans, recommendations, and remedial measures that the department has taken regarding the full implementation of the program, and any recommendations that the department has regarding the need for related legislation during its January 2025 annual presentation to legislative oversight committees required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give strong consideration to the policy recommendations report provided by the stakeholder group as required by subsection (3)(c) of this section.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3052, � 1,
effective June 8.
ARTICLE 103.5
Contract Performance
24-103.5-101. Monitoring of vendor performance - definitions. (Repealed)
Source: L. 2007: Entire article added, p. 1238, � 3, effective August 3. L.
2010: (1) and (7)(a) amended, (SB 10-003), ch. 391, p. 1853, � 32, effective June 9. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, � 76, effective August 9.
Editor's note: This section was relocated to � 24-106-107 in 2017.
ARTICLE 104
Specifications
PART 1
DEFINITIONS
C.R.S. § 24-103-206
24-103-206. Emergency procurements. Notwithstanding any other provision of this code, the executive director, the chief procurement officer, the procurement official, or a designee of any such officer may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions, as defined in rules, but such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
Source: L. 81: Entire article added, p. 1268, � 1, effective January 1, 1982. L.
96: Entire section amended, p. 1536, � 107, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 315, � 20, effective August 9.
C.R.S. § 24-103-402
24-103-402. Prequalification of suppliers. Prospective suppliers may be prequalified for particular types of supplies, services, and construction, and the method of compiling and soliciting from lists of potential contractors may be used pursuant to rules.
Source: L. 81: Entire article added, p. 1269, � 1, effective January 1, 1982. L.
2017: Entire section amended, (HB 17-1051), ch. 99, p. 316, � 22, effective August 9. L. 2024: Entire section amended, (SB 24-204), ch. 306, p. 2070, � 3, effective August 7.
C.R.S. § 24-103-403
24-103-403. Cost or pricing data. (1) A contractor shall, except as provided in subsection (3) of this section, submit cost or pricing data and shall certify that, to the best of his or her knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of:
(a) The pricing of any contract awarded by requests for proposals as
specified in section 24-103-203, or pursuant to the sole source procurement authority as specified in section 24-103-205, where the total contract price is expected to exceed an amount established by rule; or
(b) The pricing of any contract modification which is expected to exceed an
amount established by rule.
(2) Repealed.
(3) The requirements of this section need not be applied to any contract in
which:
(a) The contract price is based on adequate price competition;
(b) The contract price is based on established catalog prices or market
prices;
(c) The contract price is set by law or rule; or
(d) It is determined in writing, pursuant to rules, that the requirements of this
section may be waived and the reasons for such waiver are stated in writing.
Source: L. 81: Entire article added, p. 1269, � 1, effective January 1, 1982. L.
2017: (1) and (3)(b) amended and (2) repealed, (HB 17-1051), ch. 99, p. 316, � 23, effective August 9.
C.R.S. § 24-103-802
24-103-802. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Bundling means a state agency consolidating two or more solicitations
for services previously provided or performed under separate smaller contracts into a single solicitation that is likely to be unsuitable for award to a nonprofit agency due to any of the following:
(a) The diversity, size, or specialized nature of the elements of the required
services;
(b) The aggregate dollar value of the anticipated award; or
(c) The geographical dispersion of the contract performance sites.
(2) Department means the department of human services.
(3) Nonprofit agency means a private nonprofit organization established
under the laws of the United States or this state that is operated in this state in the interest of persons with severe disabilities or that specializes in services for persons with severe disabilities, the net income of which does not benefit in whole or in part any shareholder or officer.
(4) Self-certified vendor means a nonprofit agency that has applied and
been approved by the department to bid on certain services solicitations pursuant to this part 8.
(5) Services solicitation means a solicitation by a state agency for the
furnishing of labor, time, or effort by a contractor not involving the delivery of a specific end product other than products that are merely incidental to the required performance.
(6) Severe disability means one or more physical or mental disabilities that
constitute a substantial impairment to employment and that are of such a nature as to require multiple vocational rehabilitation services over an extended period.
(7) State agency means any state office, department, commission,
institution, or bureau, or any agency, division, or unit within a department or office. Notwithstanding the provisions of section 24-101-105, state agency shall include each institution of higher education and the Colorado commission on higher education. State agency shall not include any municipality, county, school district, special district, or any other local government in the state.
Source: L. 2008: Entire part added, p. 2191, � 1, effective August 5. L. 2011:
(3) amended, (HB 11-1030), ch. 34, p. 95, � 1, effective August 10.
C.R.S. § 24-103-907.5
24-103-907.5. State purchases of firearms and ammunition - contractor or bidder - rules - legislative intent - definitions. [Editor's note: This section is effective January 1, 2026.]
(1) (a) The general assembly intends that:
(I) This section is created for the development of procurement practices by
the state for firearms and items regulated pursuant to the National Firearms Act; and
(II) This section applies to all bids the state sources, enters into, awards,
amends, renews, or extends on or after January 1, 2026, conducted pursuant to the code, as applicable, for procuring firearms or items regulated pursuant to the National Firearms Act.
(b) The general assembly therefore finds that a contractor, bidder, or
governmental body shall comply with this section during a contract sourcing method process conducted pursuant to the code, as applicable, involving firearms and items regulated pursuant to the National Firearms Act and throughout the term of the contract.
(2) As used in this section, unless the context otherwise requires:
(a) Federal firearms license has the same meaning as set forth in section
18-12-401.
(b) Federal firearms licensee or licensee has the same meaning as set
forth in section 18-12-101 (1)(b.6).
(c) Federally licensed firearm dealer has the same meaning as set forth in
section 18-12-101.
(d) Firearm has the same meaning as set forth in section 18-12-101 (1)(b.7).
(e) Firearms bidder or bidder means a bidder who submits a bid in
response to an invitation for bids from a governmental body for the sale of firearms or items regulated pursuant to the National Firearms Act pursuant to this section.
(f) Firearms contractor or contractor means a contractor who enters into
a contract or agreement with a governmental body for the sale of firearms or items regulated pursuant to the National Firearms Act to the governmental body pursuant to this section.
(g) National Firearms Act means the federal National Firearms Act, 26
U.S.C. sec. 5801 et seq.
(3) (a) During a governmental body's contracting process, a governmental
body's sourcing method process conducted pursuant to the code, as applicable, or upon request during the term of a contract with a governmental body relating to the procurement of firearms or items regulated pursuant to the National Firearms Act, a firearms contractor or a firearms bidder shall, if applicable:
(I) Comply with the requirements of section 18-12-401.5 (1) to engage in the
business of dealing in firearms in the state, if applicable;
(II) Provide to the governmental body proof and copies of all required
licenses, including a federal firearms license, permits, and certificates;
(III) Provide, if the contractor or bidder is a federally licensed firearms dealer,
to the governmental body any materials that are not confidential documenting any United States bureau of alcohol, tobacco, firearms, and explosives trace requests the contractor or bidder received each year for the past three calendar years before the date of the contract or bid, the number of trace requests in the calendar years before the year of the contract or bid, if applicable, and the time between the sale of the firearm subject to the trace request and the crime that generated the trace request. If the materials described in this subsection (3)(a)(III) are not available because the contractor or bidder does not maintain the materials, the contractor or bidder shall submit a statement confirming the materials are not available because the contractor or bidder does not keep or maintain the materials.
(IV) Provide to the governmental body materials documenting any theft or
loss of firearms or items regulated pursuant to the National Firearms Act from the premises of the contractor or bidder within the past three calendar years before the date of the contract or bid to evaluate potential security concerns;
(V) Provide to the governmental body a true copy of the most recent
inspection report of any firearm inspection conducted by a state or local agency, including any additional materials documenting administrative actions taken by the state or local agency, if applicable;
(VI) Disclose to the governmental body any violations discovered from an
inspection conducted by a federal agency during the last two firearm inspections, if applicable, and provide materials documenting the contractor's or bidder's corrective actions taken in response to a finding of noncompliance or a violation of a federal firearm law, regulation, or requirement;
(VII) Provide to the governmental body in writing any practices or policies
adopted by the contractor or bidder, including any subsequent amendments made to the practices or policies during the sourcing method process conducted pursuant to the code, as applicable, and contract term, to:
(A) Prevent, detect, and screen for the transfer of firearms to straw
purchasers or firearm traffickers;
(B) Prevent, detect, and screen against sales of firearms or items regulated
pursuant to the National Firearms Act to individuals prohibited from possessing a firearm by federal, state, or local law, or court order;
(C) Prevent, detect, and document the theft or loss of firearms or items
regulated pursuant to the National Firearms Act;
(D) Train employees to ensure compliance with all applicable federal, state,
and local firearms laws and regulations; and
(E) Assist law enforcement agencies in the investigation and prevention of
criminal access to firearms or items regulated pursuant to the National Firearms Act; and
(VIII) Comply with all applicable federal, state, or local laws.
(b) The contractor or bidder shall affirm at the time of the bid that the
contractor or bidder shall not sell unserialized gun build kits, unserialized firearms, unserialized unfinished frames, or unfinished receivers through the duration of the contract. The contractor or bidder shall provide documentation to prove compliance with applicable federal, state, or local laws related to unserialized firearms, unserialized unfinished frames, or unfinished receivers.
(c) The contractor or bidder shall submit to the department a certification
statement, signed and affirmed under penalty of perjury, as defined in section 18-8-503, stating that the materials provided in subsection (3)(a) of this section are true and complete.
(4) (a) The attorney general may assist the department in developing
processes and procedures to implement this section, including a process to administer and assess a contractor's or bidder's compliance with the requirements of this section. The process may include, but need not be limited to:
(I) Developing a prequalification process to prequalify potential contractors
or bidders as set forth in section 24-103-402;
(II) Developing a scoring system to evaluate a potential contractor's or
bidder's record of safe business practices that is used in awarding contracts or purchases; and
(III) Terminating contracts with contractors or bidders found to be
noncompliant with the terms of this section during the term of the contract as set forth in section 24-106-101 (3)(c) and (3)(d).
(b) The department shall reject a bid or proposal for a contract or sale of
firearms or items regulated pursuant to the National Firearms Act if:
(I) A contractor or bidder has not submitted the required documentation set
forth in subsection (3)(a) of this section;
(II) The contractor's or bidder's required documentation does not meet the
standards set forth in subsection (3)(a) of this section; or
(III) The department determines the bidder or contractor is not engaging in
safe business practices.
(5) A governmental body shall not waive the requirements of this section or
make exigent or emergency purchases of firearms or items regulated pursuant to the National Firearms Act to subvert this section.
(6) The department may adopt rules to implement this section.
(7) A resident bidder and nonresident bidder are treated equally for
purposes of this section. A resident bidder shall not receive a bid preference against a nonresident bidder for the purchase of firearms or items regulated pursuant to the National Firearms Act as set forth in section 24-103-906 (1)(a).
Source: L. 2025: Entire section added, (SB 25-158), ch. 294, p. 1501, � 2,
effective January 1, 2026.
C.R.S. § 24-103-910
24-103-910. Use of foreign-produced goods - iron, steel, and related manufactured products - disclosure - report - definitions. (1) The contractor for any public works project that is funded by a state agency as defined in section 24-30-1301 (17) or by a state institution of higher education as defined in section 24-30-1301 (18), that does not receive any federal moneys, and that costs more than five hundred thousand dollars shall, upon completion of the project, make a good faith effort to disclose to the department of personnel the five most costly goods incorporated into the project, including iron, steel, or related manufactured goods; except that, for public projects under the supervision of the department of transportation, the contractor shall disclose such information to the department of transportation.
(2) (a) In the case of an iron or steel product, the product will be considered
manufactured in the United States if all of the manufacturing processes for the final product take place in the United States.
(b) In the case of a manufactured good, a good will be considered
manufactured in the United States if all of the manufacturing processes for the final product take place in the United States irrespective of the origin of the manufactured good's subcomponents.
(c) In order for a manufactured good to be considered subject to disclosure
under this article 103, the product must be manufactured predominantly of steel or iron. The manufactured good is deemed a product manufactured predominantly of steel or iron if the product consists of more than fifty percent steel or iron content when it is delivered to the job site for installation.
(3) The disclosure must state the total cost and country of origin of the five
most costly goods used on a project, including iron, steel, and related manufactured goods described pursuant to subsections (1) and (2) of this section. The contractor may rely on documents provided by third-party vendors when disclosing the country of origin of iron, steel, or related manufactured goods. In addition, the disclosure must state whether the public works project was subject to any existing domestic content preference, including 41 U.S.C. secs. 8301 to 8305, 23 U.S.C. sec. 313, 49 U.S.C. sec. 5323, 49 U.S.C. sec. 24305, 49 U.S.C. sec. 24405, and 49 U.S.C. secs. 50101 to 50105. The contractor shall disclose the information in a manner to be determined by the department.
(4) The department shall issue an annual report detailing the information
that contractors submitted to the department and to the department of transportation pursuant to subsections (1) to (3) of this section. The report must include aggregate data collected for the calendar year and analysis of the data broken down by product and public works project type. The report shall not publicly disclose any proprietary information provided by the contractor that is not subject to disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of this title 24. The department shall make the report available to the public on the department's website.
(5) As used in this section, unless the context otherwise requires:
(a) Country of origin shall have the meaning ascribed to it under 19 U.S.C.
sec. 1304 and 19 CFR 134.
(b) Public works shall have the same meaning as public project as
defined in section 24-92-102 (8)(a).
(c) United States means the United States of America and includes all
territory, continental or insular, subject to the jurisdiction of the United States.
(6) Nothing in this section applies to any project that receives federal
moneys. In addition, nothing in this section contravenes any existing treaty, law, agreement, or regulation of the United States. Contracts entered into in accordance with any treaty, law, agreement, or regulation of the United States do not violate this section to the extent of that accordance. The requirements of this section are suspended if such requirements would contravene any treaty, law, agreement, or regulation of the United States, or would cause denial of federal moneys or preclude the ability to access federal moneys that would otherwise be available.
Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch.
99, p. 327, � 28, effective August 9.
Editor's note: This section is similar to former � 24-103-210 as it existed prior
to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
C.R.S. § 24-103-911
24-103-911. Preference for internet service providers that certify compliance with open internet protections - definitions. (1) When contracting for broadband internet access service, a governmental body shall give preference to an internet service provider that certifies to the governmental body that, except as allowed under section 40-15-209 (3), the internet service provider will not engage in any of the practices set forth in section 40-15-209 (1).
(2) As used in this section:
(a) Broadband internet access service has the meaning set forth in section
40-15-209 (4)(a).
(b) Internet service provider has the meaning set forth in section 40-15-209
(4)(b).
Source: L. 2019: Entire section added, (SB 19-078), ch. 210, p. 2216, � 4,
effective May 17.
PART 10
PROCUREMENT DISPARITY STUDY
C.R.S. § 24-104-208
24-104-208. Purchase of compost by governmental bodies - definitions. (1) In addition to any other applicable requirement specified in the code, no compost may be purchased by a governmental body unless the compost satisfies minimum standards specified by the department of agriculture.
(2) For purposes of this section, compost means a substance derived from
a process of biologically degrading organic materials that contains one or more essential available plant nutrients and that complies with minimum standards for the identification of such substance specified by the commissioner of agriculture by rule.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051),
ch. 99, p. 329, � 32, effective August 9.
Editor's note: This section is similar to former � 24-103-209 as it existed prior
to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
ARTICLE 105
Construction Contracts
PART 1
MANAGEMENT OF CONSTRUCTION CONTRACTING
C.R.S. § 24-105-101
24-105-101. Responsibility for selection of methods of construction contracting management. The executive director may promulgate rules providing for as many alternative methods of construction contracting management as he or she may determine to be feasible. These rules may set forth criteria to be used in determining which method of construction contracting management is to be used for a particular project, grant to the head of a division within the department or the procurement official who is responsible for carrying out the construction project the discretion to select the appropriate method of construction contracting management for a particular project, and require the procurement agent to execute and include in the contract file a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.
Source: L. 81: Entire article added, p. 1272, � 1, effective January 1, 1982. L.
2017: Entire section amended, (HB 17-1051), ch. 99, p. 329, � 33, effective August 9.
C.R.S. § 24-105-202
24-105-202. Contract performance and payment bonds - applicability. (1) When a construction contract is awarded in excess of one hundred fifty thousand dollars, the following bonds or security shall be delivered to the state and shall become binding on the parties upon the execution of the contract:
(a) A performance bond satisfactory to the state, executed by a surety
company authorized to do business in this state or otherwise secured in a manner satisfactory to the state, in an amount equal to fifty percent of the price specified in the contract; and
(b) A payment bond satisfactory to the state, executed by a surety company
authorized to do business in this state or otherwise secured in a manner satisfactory to the state, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to fifty percent of the price specified in the contract.
(2) Nothing in this section shall be construed to limit the authority of the
state to require a performance bond or other security in addition to those bonds or in circumstances other than those specified in subsection (1) of this section.
(3) Suits on payment bonds and labor and payment bonds shall be brought in
accordance with sections 38-26-105 to 38-26-107, C.R.S.
(4) This section applies to all construction contracts awarded to a private
entity for construction that is situated or located on publicly owned property using any public or private money or public or private financing.
Source: L. 81: Entire article added, p. 1273, � 1, effective January 1, 1982. L.
2004: IP(1) amended, p. 228, � 3, effective August 4. L. 2014: IP(1) amended, (HB 14-1387), ch. 378, p. 1852, � 64, effective June 6. L. 2019: (4) added, (SB 19-138), ch. 117, p. 494, � 2, effective August 2.
Cross references: (1) For the legislative declaration in HB 14-1387, see
section 1 of chapter 378, Session Laws of Colorado 2014.
(2) For the legislative declaration in SB 19-138, see section 1 of chapter 117,
Session Laws of Colorado 2019.
C.R.S. § 24-105-301
24-105-301. Contract clauses and their administration. (1) The executive director may promulgate rules requiring the inclusion in state construction contracts of clauses providing for adjustments in prices, time of performance, and other appropriate contract provisions affected by and covering the following subjects:
(a) The unilateral right of the state to order in writing changes in the work
within the scope of the contract and changes in the time of performance of the contract that do not alter the scope of the contract work;
(b) Variations occurring between estimated quantities of work on a contract
and actual quantities;
(c) Suspension of work ordered by the state; and
(d) Site conditions differing from those indicated in the contract or ordinarily
encountered; except that differing site condition clauses required by the rules need not be included in a contract when the contract is negotiated or when the contractor provides the site or design.
(2) (a) Adjustments in price shall be computed in one or more of the following
ways:
(I) By agreement on a fixed price adjustment before commencement of the
pertinent performance or as soon thereafter as practicable;
(II) By unit prices specified in the contract or subsequently agreed upon;
(III) By the costs attributable to the events or situations under such clauses
with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(IV) In such other manner as the contracting parties may mutually agree; or
(V) In the absence of agreement by the parties, by a unilateral determination
by the state of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the state pursuant to the applicable sections of any rules issued under section 24-106-108, and subject to the provisions of article 109 of this title 24.
(b) A contractor shall be required to submit cost or pricing data if any
adjustment in contract price is subject to the provisions of section 24-103-403.
(3) The executive director shall promulgate rules requiring the inclusion in
state construction contracts of clauses providing for appropriate remedies and covering the following subjects:
(a) Liquidated damages as appropriate;
(b) Specified excuses for delay or nonperformance;
(c) Termination of the contract for default; and
(d) Termination of the contract in whole or in part for the convenience of the
state.
(4) The contract clauses promulgated under this section may be set forth in
rules; except that such rules shall be consistent with section 24-91-103.5 (1) and (2) and section 24-30-1303 (1)(s)(IV).
Source: L. 81: Entire article added, p. 1274, � 1, effective January 1, 1982. L.
89: (4) amended, p. 1143, � 3, effective April 10. L. 2017: IP(1), (2)(a)(V), and (4) amended, (HB 17-1051), ch. 99, p. 330, � 35, effective August 9.
C.R.S. § 24-105-302
24-105-302. Fiscal responsibility. Every contract modification or contract price adjustment under a construction contract with the state in excess of an amount specified in the contract shall be subject to prior written certification by the controller or other official responsible for monitoring and reporting upon the status of the costs of the total project or contract budget as to the effect of the contract modification or adjustment in contract price on the total project or contract budget. In the event that the certification of the controller or other responsible official discloses a resulting increase in the total project or contract budget, the procurement agent shall not execute or make such contract modification or adjustment in contract price unless sufficient funds are available therefor or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project or contract budget as it existed prior to the contract modification or adjustment in contract price under consideration; except that, with respect to the validity of any executed contract modification or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this section.
Source: L. 81: Entire article added, p. 1275, � 1, effective January 1, 1982. L.
2017: Entire section amended, (HB 17-1051), ch. 99, p. 330, � 36, effective August 9.
ARTICLE 106
Modification and Termination of Contracts
C.R.S. § 24-106-101
24-106-101. Contract clauses - price adjustments - additional clauses - modification. (1) The executive director may promulgate rules permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance, or other appropriate clauses covering the following:
(a) The unilateral right of the state to order, in writing, changes in the work
within the scope of the contract and temporary stopping of work or delaying of performance; and
(b) Variations occurring between estimated quantities of work in a contract
and actual quantities.
(2) (a) Adjustments in price pursuant to clauses promulgated under
subsection (1) of this section shall be computed in one or more of the following ways:
(I) By agreement on a fixed price adjustment before commencement of the
pertinent performance or as soon thereafter as practicable;
(II) By unit prices specified in the contract or subsequently agreed upon;
(III) By the costs attributable to the events or situations under such clauses
with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
(IV) In such other manner as the contracting parties may mutually agree; or
(V) In the absence of agreement by the parties, by a unilateral determination
by the state of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the state in accordance with applicable sections of the rules promulgated under article 107 of this title and subject to the provisions of article 109 of this title.
(b) A contractor shall be required to submit cost or pricing data if any
adjustment in contract price is subject to the provisions of section 24-103-403.
(3) The executive director may promulgate rules including, but not limited to,
rules permitting or requiring the inclusion in state contracts of clauses providing for appropriate remedies and covering the following subjects:
(a) Liquidated damages as appropriate;
(b) Specified excuses for delay or nonperformance;
(c) Termination of the contract for default; and
(d) Termination of the contract in whole or in part for the public interest of
the state.
(4) Any contract clauses promulgated under this section may be set forth in
rules; except that such rules shall be consistent with section 24-91-103.5 (1) and (2). However, the executive director or the procurement official may vary the clauses for inclusion in any particular state contract so long as any variations are supported by a written determination that describes the circumstances justifying such variations and notice of any material variation is stated in the invitation for bids or request for proposals. No variation that is inconsistent with section 24-91-103.5 (1) and (2) shall be made pursuant to this subsection (4).
Source: L. 81: Entire article added, p. 1275, � 1, effective January 1, 1982. L.
89: (4) amended, p. 1143, � 4, effective April 10. L. 96: (4) amended, p. 1537, � 113, effective June 1. L. 2017: (3)(d) and (4) amended, (HB 17-1051), ch. 99, p. 330, � 37, effective August 9.
C.R.S. § 24-106-103
24-106-103. Centralized contract management system - personal services contracts - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that by enacting this section the general assembly intends to centralize the location of information about personal services contracts and provide for legislative, executive, and public access to all personal services contracts entered into by any governmental body.
(b) For purposes of this section, governmental body shall have the same
meaning as set forth in section 24-101-301 (18); except that, for purposes of this section, governmental body shall also include elected officials.
(2) This section applies to any personal services contract to which the state
is a party the value of which exceeds one hundred thousand dollars with the exception of any contract to which the state is a party under medicare, the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, or the Children's Basic Health Plan Act, article 8 of title 25.5.
(3) (a) On or before June 30, 2009, the department shall implement and
maintain a centralized contract management system for the purpose of monitoring all personal services contracts entered into by a governmental body that are subject to the requirements of this section. With respect to each contract entered into by a governmental body, information contained in the system shall include, without limitation, the following:
(I) The governmental body that entered into the personal services contract;
(II) The persons or entities with which the governmental body is contracting;
(III) The purpose of the personal services contract;
(IV) The effective dates, expiration dates, and any renewal periods of the
personal services contract;
(V) The vendor selection method upon which the personal services contract
was awarded, whether competitively procured, awarded on a sole-source basis, or otherwise. Where the contract has been awarded on a sole-source basis, the governmental body shall certify that the governmental body has followed the requirements of subsection (5) of this section.
(VI) The total amount of the personal services contract and any amendments
to the contract;
(VII) Whether any services under the personal services contract, or any
subcontracts to the contract that directly relate to the services provided under the contract, are anticipated to be performed outside the United States or the state as disclosed in the statement of work pursuant to section 24-102-206 and the vendor's justification for obtaining services outside the United States or the state in accordance with the requirements of section 24-102-206; and
(VIII) Upon completion of the personal services contract, the extent as
disclosed by the vendor to which any services under the contract, or any subcontracts to the contract that directly relate to the services provided under the contract, were performed outside the United States or the state.
(b) Each governmental body shall be responsible for gathering relevant
information for inclusion in the centralized contract management system in accordance with the requirements of subsection (3)(a) of this section.
(c) The centralized contract management system required to be maintained
by the department pursuant to subsection (3)(a) of this section shall be a publicly available database of all personal services contracts entered into by any governmental body, accessible from the website maintained by the state. Information concerning contracts contained in the database and accessible on the website shall be searchable by criteria enumerated in subparagraphs (I) to (VIII) of subsection (3)(a) of this section. Information in the database shall be either presented in plain and nontechnical language or by means of key terms that are clearly and easily defined.
(d) Any new personal services contracts subject to the requirements of this
section shall be added to the centralized contract management system maintained by the department pursuant to subsection (3)(a) of this section not more than thirty days after the execution of the contract.
(4) The centralized contract management system required to be maintained
by the department pursuant to subsection (3)(a) of this section shall include information concerning personal services expenditures by the governmental body and types of services. The types of services that may be designated shall include, without limitation, professional technical, nonprofessional support, purchased services, architectural, engineering and construction trades, and professional equipment repair.
(5) Prior to entering into a sole-source personal services contract, the
governmental body shall attempt to identify competing vendors by placing a notice on the state's electronic procurement system for not less than three business days. If the governmental body receives any responses to the notice from qualified and responsible vendors that are able to meet the specifications identified in the notice and that are not otherwise prohibited from bidding on the contract, the sole-source selection method shall not be used.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051),
ch. 99, p. 331, � 38, effective August 9. L. 2024: (2) amended, (HB 24-1399), ch. 76, p. 256, � 17, effective July 1, 2025.
Editor's note: This section is similar to former � 24-102-205 as it existed prior
to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
C.R.S. § 24-106-105
24-106-105. Multiyear contracts. (1) Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the state if the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and if funds are available for the first year at the time of contracting. If the chief procurement officer determines that extenuating circumstances exist and an extension of the contract beyond the term included in the solicitation is in the best interest of the governmental body, then the chief procurement officer may approve a longer term for a reasonable time based on what is practicable and necessary given the circumstances. The state shall initiate the renewal or extension of a contract for supplies or services. Payment and performance obligations for succeeding fiscal years shall be subject to the availability and appropriation of funds therefor.
(2) Prior to the utilization of a multiyear contract, it shall be determined in
writing:
(a) That estimated requirements cover the period of the contract and are
reasonably firm and continuing; and
(b) That such a contract will serve the best interests of the state by
encouraging effective competition or otherwise promoting economies in state procurement.
(3) When funds are not appropriated or otherwise made available to support
continuation of performance in a subsequent fiscal year, the contract shall be canceled, and the contractor may be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051),
ch. 99, p. 331, � 38, effective August 9.
Editor's note: This section is similar to former � 24-103-503 as it existed prior
to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
C.R.S. § 24-106-106
24-106-106. Right to audit records. The state shall be entitled to audit the books and records of any contractor or subcontractor under any negotiated contract or subcontract to the extent that the books and records relate to the performance of a state contract or subcontract, if the state is able, in conducting any such audit, to maintain the confidentiality of any information contained in the books and records that is deemed proprietary as determined by the state. Such books and records shall be maintained by the contractor for a period of six years after the date of final payment under the prime contract and by the subcontractor for a period of six years after the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051),
ch. 99, p. 331, � 38, effective August 9.
Editor's note: This section is similar to former � 24-103-601 as it existed prior
to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
C.R.S. § 24-109-101.1
24-109-101.1. Definitions. As used in this article 109, unless the context otherwise requires:
(1) Aggrieved party means any actual or prospective bidder, offeror, or
contractor who believes that he or she has suffered a denial of legal rights under this code in connection with the solicitation or award of a contract. For purposes of contract controversies, an aggrieved party may also be the contractor.
(2) Material issue means a nontrivial defect in the solicitation or award that
would prejudice the outcome of the procurement. The presence of multiple nonmaterial issues in a solicitation or award does not constitute a material issue unless the aggrieved party can establish that those nonmaterial issues together would prejudice the outcome of the procurement.
Source: L. 2017: Entire section added, (HB 17-1051), ch. 99, p. 339, � 40,
effective August 9.
C.R.S. § 24-109-101.5
24-109-101.5. Resolution of controversies. (1) The procurement official or his or her designee is authorized to settle and resolve any questions regarding:
(a) Any protest concerning the solicitation or award of a contract;
(b) Debarment or suspension from consideration for award of contracts; and
(c) Any controversy arising between the state and a contractor by virtue of a
contract between them, including, without limitation, controversies based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission.
(2) Any decision of the procurement official or his or her designee with
respect to a material issue raised in a protest is subject to appeal pursuant to part 2 of this article 109.
(3) Except for appeals referred to the office of administrative courts
pursuant to section 24-109-201, the provisions of section 24-4-105 shall not apply to the administrative procedures established pursuant to this article 109.
Source: L. 2017: Entire section added with relocated provisions, (HB 17-1051),
ch. 99, p. 339, � 41, effective August 9.
Editor's note: This section is similar to former � 24-109-101 as it existed prior
to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.
C.R.S. § 24-109-105
24-109-105. Debarment and suspension. (1) (a) After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the procurement official or his or her designee, after consultation with the using agency and the attorney general, shall have authority to debar a person for any of the reasons set forth in subsection (2) of this section from consideration for award of contracts. The debarment shall not be for a period of more than three years; except that, if a person is convicted of a crime specified in subsection (2) of this section, the length of the debarment period must equal the length of the confinement sentence including the period of mandatory parole if imposed or the length of the probation sentence.
(b) The procurement official or his or her designee, after consultation with
the using agency and the attorney general, shall have authority to suspend a person from consideration for award of contracts if there is probable cause to believe that such person has engaged in activities that may lead to debarment. The suspension shall not be for a period exceeding three months. However, if a criminal charge has been issued for an offense that would be a cause for debarment under subsection (2) of this section, the suspension shall, at the request of the attorney general, remain in effect until after the trial of the suspended person. If a person is suspended because a criminal charge has been issued against an officer, director, partner, manager, key employee, or other principal of the suspended person, the suspension may remain in effect until after the trial of the officer, director, partner, manager, key employee, or other principal or until after the charges against such officer, director, partner, manager, key employee, or other principal have been dismissed.
(c) The authority to debar or suspend shall be exercised pursuant to rules
which shall provide for an expeditious resolution of the issue of debarment or suspension.
(2) A person may be debarred for any of the following reasons:
(a) Conviction of a criminal offense as an incident to obtaining or attempting
to obtain a public or private contract or subcontract or in the performance of such contract or subcontract;
(b) Conviction under state or federal statutes of embezzlement, theft,
forgery, bribery, falsification or destruction of records, or receiving stolen property;
(c) Conviction under state or federal antitrust statutes arising out of the
submission of bids or proposals;
(d) Willful material failure to perform in accordance with the terms of one or
more contracts, following notice of such failure, or a history of material failure to perform, or of materially unsatisfactory performance of, one or more contracts;
(e) The person is currently under debarment by any other governmental
entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity;
(f) The department of labor and employment has imposed three fines on a
contractor within five years pursuant to section 8-17-104, C.R.S., for failure to satisfy Colorado labor requirements; or
(g) The person willfully falsified documentation or willfully misrepresented
their qualifications required to comply with the contract.
Source: L. 81: Entire article added, p. 1278, � 1, effective January 1, 1982. L.
92: (2)(e) amended, p. 1090, � 1, effective July 1. L. 96: (2)(d) amended, p. 162, � 3, effective April 8; (1)(a) and (1)(b) amended, p. 1538, � 116, effective June 1. L. 2010: (1)(b) amended, (HB 10-1181), ch. 351, p. 1629, � 24, effective June 7. L. 2013: (2)(f) added, (HB 13-1292), ch. 266, p. 1406, � 15, effective May 24. L. 2017: (1)(a) and (1)(b) amended, (HB 17-1051), ch. 99, p. 340, � 44, effective August 9. L. 2019: (2)(e) and (2)(f) amended and (2)(g) added, (SB 19-196), ch. 316, p. 2956, � 3, effective August 2.
Cross references: In 2013, subsection (2)(f) was added by the Keep Jobs in
Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
C.R.S. § 24-109-106
24-109-106. Resolution of contract and breach of contract controversies - applicability - authority. (1) This section applies to controversies between the state and a contractor which arise under, or by virtue of, a contract between them, including, without limitation, controversies which are based upon breach of contract, mistake, misrepresentation, or any other cause for contract modification or rescission.
(1.5) When a controversy cannot be resolved by mutual agreement, the
aggrieved party may submit the controversy to the procurement official. The procurement official or his or her designee shall, within twenty business days after receiving a written request by the aggrieved party for a final decision, issue a written decision.
(2) The procurement official or his or her designee is authorized to settle and
resolve any controversy described in subsection (1) of this section. This authority shall be exercised pursuant to rules promulgated by the executive director which shall provide for an expeditious resolution of the controversy.
Source: L. 81: Entire article added, p. 1279, � 1, effective January 1, 1982. L.
96: (2) amended, p. 1538, � 117, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 341, � 45, effective August 9.
C.R.S. § 24-109-107
24-109-107. Issuance and appeal of decision. (1) The procurement official or his or her designee shall issue a written decision within the periods specified in this article 109 regarding any protest, debarment or suspension, or contract controversy if it is not settled by mutual agreement. The decision shall state the reasons for the action taken and give notice to the aggrieved party of his or her right to administrative review of any material issue and judicial review as provided for in this article 109.
(2) A decision shall be effective unless reversed on appeal. A copy of the
decision rendered under subsection (1) of this section shall be mailed or otherwise furnished immediately to the aggrieved party. The decision shall be final and conclusive unless the aggrieved party appeals the decision to the executive director or commences an action in court pursuant to this article 109. Except for appeals referred to the office of administrative courts pursuant to section 24-109-201, an appeal from a decision under this section shall not be subject to the provisions of section 24-4-105.
(3) If the procurement official or his or her designee does not issue a written
decision regarding a contract controversy within twenty business days after written request for a final decision, or within such longer period as may be agreed upon by the procurement official or his or her designee and the contractor, then the contractor may proceed as if a decision against him or her had been rendered.
Source: L. 81: Entire article added, p. 1279, � 1, effective January 1, 1982. L.
85: Entire section amended, p. 874, � 5, effective June 6. L. 96: (1) and (3) amended, p. 1539, � 118, effective June 1. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 341, � 46, effective August 9.
C.R.S. § 24-109-301
24-109-301. Interest. Except for interest payable on liability incurred by the state under section 24-30-202 (24), interest on amounts determined to be due to a contractor or to the state under this code shall accrue from the date the controversy was submitted pursuant to section 24-109-106 through the final resolution of the controversy by the procurement official or upon final determination of the executive director or adjudication of the Denver district court, whichever occurs last. Interest shall be calculated at the amount due at the rate set forth in the contract or at the rate of one percent per month, whichever is greater, until the amount is paid in full.
Source: L. 81: Entire article added, p. 1281, � 1, effective January 1, 1982. L.
2017: Entire section amended, (HB 17-1051), ch. 99, p. 344, � 49, effective August 9.
PART 4
SOLICITATIONS AND AWARDS IN VIOLATION OF THE LAW
C.R.S. § 24-110-301
24-110-301. Contract controversies. In the case of a cooperative purchasing agreement, controversies which arise between an administering public procurement unit and its bidders, offerors, or contractors may be resolved in accordance with article 109 of this title.
Source: L. 81: Entire article added, p. 1284, � 1, effective January 1, 1982.
ARTICLE 111
Preferences in Awarding Contracts -
Federal Assistance Requirements
C.R.S. § 24-115-110
24-115-110. Critical needs notes - issuance schedule - distribution of note proceeds. (1) (a) Except as otherwise provided in paragraphs (b) and (c) of this subsection (1), if the general assembly passes and the governor signs a joint resolution that requires the submission of a ballot issue to voters statewide that seeks authorization for the state to incur multiple-fiscal year financial obligations by issuing critical needs notes and the voters approve the ballot issue an issuing authority may issue, on one or more occasions, notes, which shall have a maximum maturity of no more than twenty-five years. The board or the executive director, as applicable, shall determine the specific dates on which the issuing authority issues notes, the principal amount of notes to be issued on any date, and the redemption and other terms of notes.
(b) An issuing authority shall issue notes only for the purposes, under the
terms, and up to the maximum amounts approved by voters through the approval of a statewide ballot issue.
(c) If the amount of excess state revenues that is retained by the state as
authorized by voters statewide through their approval of House Bill 05-1194, enacted at the first regular session of the sixty-fifth general assembly, at the November 2005 statewide election for any state fiscal year that immediately precedes a state fiscal year in which an issuing authority may issue notes is less than the maximum amount of annual payments of principal and interest on notes authorized by voters statewide for the state fiscal year in which the issuing authority may issue notes or any subsequent state fiscal year, the general assembly, by passage of a joint resolution, may, but shall not be required to, limit the maximum amount of scheduled annual payments of principal and interest on notes issued after the effective date of the joint resolution to any amount that is greater than or equal to the difference between the amount of excess state revenues retained and the amount of scheduled annual payments of principal and interest on notes issued prior to the effective date of the joint resolution. The passage of a joint resolution limiting the maximum amount of scheduled annual payments of principal and interest on notes shall not affect the voter authorization of notes, including, but not limited to, any restriction on the scheduled annual payments of principal and interest on notes or any other terms specified in the voter-approved ballot issue that authorized the issuance of the notes. The general assembly, by passage of a subsequent joint resolution, may remove or modify any limit imposed by joint resolution on the maximum amount of scheduled annual payments of principal or interest on notes, subject to any limits set forth in the voter-approved ballot issue that authorized the issuance of the notes.
(2) (a) An issuing authority shall issue notes pursuant to a certificate
executed by the board or the executive director, a trust indenture between the issuing authority and any commercial bank or trust company having full trust powers, or any other instrument issued or executed by the issuing authority.
(b) As the board or the executive director deems appropriate, the certificate,
trust indenture, or other instrument authorizing notes may contain provisions setting forth the rights and remedies of the owners or holders of the notes, provisions for protecting and enforcing the rights and remedies of the owners or holders of the notes, and any other provisions for the security of the owners or holders of the notes. The provisions may include, but shall not be limited to, provisions regarding letters of credit, insurance, stand-by credit agreements, or other forms of credit ensuring timely payment of the notes, including the redemption price or the purchase price, and provisions regarding the reimbursement of providers of the credit from moneys available for the payment of principal of and interest on the notes for any amounts paid by the providers with respect to the notes.
(3) (a) A certificate, trust indenture, or other instrument authorizing the
issuance of notes in accordance with the provisions of this article may pledge to the payment of notes all or any portion of the proceeds from the issuance of such notes and the moneys appropriated to the critical needs fund pursuant to section 24-115-111 to pay the principal or interest on notes. Proceeds and moneys pledged shall be used only for the purpose or purposes for which they are pledged. Any pledge of the proceeds of notes shall be valid and binding from the date of issuance of the notes. Any pledge of moneys appropriated to the fund shall be valid and binding from the time the moneys were appropriated to the fund pursuant to section 24-115-111. A pledge shall create a valid security interest, proceeds and moneys pledged shall immediately be subject to the lien of the pledge and security interest without any physical delivery or further act, and the lien of the pledge and security interest shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party irrespective of whether the claiming party has notice of the lien. The instrument by which the pledge and security interest is created need not be recorded or filed in order to perfect the pledge and security interest.
(b) An issuing authority shall apply the gross proceeds of notes issued
pursuant to subsection (1) of this section that are not pledged to the payment of the notes or allocated to the payment of costs associated with the issuance and administration of the notes for the purposes specified in the ballot issue approved by voters of the state that authorized the issuance of the notes.
(4) Subject to the provisions of subsection (1) of this section, notes may be
issued in any aggregate principal amount, may be issued in one or more series by the corporation or in three or more series by the department, may bear any dates, may be in any denomination or denominations, may mature on any date or dates, may mature in any amount or amounts, may be in any form, may be payable at any place or places, may be subject to any terms of redemption with or without a premium, may contain any provisions that the board or the executive director deems appropriate regarding insurance to ensure the timely payment of the notes, and may contain any other provisions not inconsistent with the provisions of this article as the board or the executive director may determine; except that the maximum amount of notes that the department may issue before January 1, 2007, is six hundred million dollars.
(5) The rate or rates of interest borne by notes may be fixed, adjustable, or
variable, or any combination thereof, without regard to any interest rate limitation appearing in any other law of this state. If any rate or rates are adjustable or variable, the standard, index, method, or formula shall be determined by the board or the executive director.
(6) Notes may be sold at public or private sale and may be sold at, above, or
below the principal amounts thereof. The sale of notes shall not be subject to the Procurement Code, articles 101 to 112 of this title, but when contracting for necessary and advisable services connected to the issuance of notes, the board or the executive director, whichever is applicable, shall use an open and transparent competitive selection process determined by the board or the executive director that provides the public sufficient information to evaluate the process.
(7) Notes shall be signed on behalf of the state by the members of the board,
or by the executive officer of the board if authorized by the board, or by the executive director. Pursuant to article 55 of title 11, C.R.S., the applicable signature or signatures may be one or more facsimile signatures imprinted, engraved, stamped, or otherwise placed on the notes. If all of the signatures on notes are facsimile signatures, provision shall be made for a manual authenticating signature on the notes by or on behalf of a designated authenticating agent.
(8) Subject to the provisions of subsection (1) of this section, the power to fix
the date of sale of notes, to receive bids or proposals, to award and sell notes, to fix interest rates, and to take all other action necessary to sell and deliver notes may be delegated to an agent of the board or the executive director.
(9) Any outstanding notes may be refunded by the board or the executive
director pursuant to article 56 of title 11, C.R.S.
(10) The board or the executive director is authorized to engage the services
of any investment bankers, consultants, financial advisors, underwriters, note insurers, letter of credit banks, rating agencies, agents, note counsel or other legal counsel, or other persons whose services may be required or deemed advantageous by the board or the executive director in connection with notes. The board or the executive director shall not be subject to the Procurement Code, articles 101 to 112 of this title, when engaging services but shall use an open and transparent competitive selection process determined by the board or the executive director that provides the public sufficient information to evaluate the process.
(11) The board or the executive director may, with respect to notes that have
been issued or proposed, enter into interest rate exchange agreements in accordance with article 59.3 of title 11, C.R.S.
(12) The executive director and any member or employee of the board are
immune from personal liability for any action taken within the scope of their authority under this article.
Source: L. 2005: Entire article added, p. 750, � 1, effective June 1.
Editor's note: House Bill 05-1194, as referenced in subsection (1)(c), was
approved by the voters on November 1, 2005, and became effective upon the proclamation of the Governor, December 16, 2005. The vote count for the measure was as follows:
FOR: 600,222
AGAINST: 552,662
C.R.S. § 24-117-102
24-117-102. Legislative declaration. (1) The general assembly finds and declares that:
(a) Colorado faces significant challenges accessing and leveraging the
funding needed for critical infrastructure projects spanning from housing to water, roads to broadband, and clean energy;
(b) The state acknowledges and commends the ongoing work by existing
infrastructure authorities to address infrastructure needs while recognizing the growing need to address these infrastructure deficiencies by leveraging capital and financing projects that will create jobs, promote economic development, and protect the environment;
(c) It is imperative for the state to take proactive measures to allocate
resources efficiently and effectively toward critical infrastructure projects that not only meet immediate needs but also lay the foundation for sustainable long-term development;
(d) By prioritizing infrastructure projects with project labor agreements,
prevailing wage requirements, and high labor standards that ensure fair compensation and retirement security, the state not only enhances the livelihoods of its workers but also stimulates consumer spending, fosters financial stability, and drives long-term economic growth;
(e) When a service contract expires and a follow-on contract is awarded for
the same or similar services, the state's procurement interests in economy and efficiency are best served when the successor contractor or subcontractor hires the predecessor's employees, thus avoiding displacement of these employees;
(f) Using a carryover workforce reduces disruption in the delivery of services
during the period of transition between contractors, maintains physical and information security, and provides the state with the benefits of an experienced and well-trained workforce that is familiar with the state's personnel, facilities, and requirements;
(g) The establishment of a dedicated financing authority, the building urgent
infrastructure and leveraging dollars authority, will provide the necessary framework to leverage capital and offer innovative financing for critical infrastructure projects;
(h) The building urgent infrastructure and leveraging dollars authority is
specifically formulated to leverage federal dollars, such as funding available under the bipartisan infrastructure law, and to creatively maximize state funds for vital infrastructure needs and has safeguards to prevent the privatization of public assets; and
(i) Through strategic investments and collaborative partnerships, the
building urgent infrastructure and leveraging dollars authority will play a pivotal role in accelerating the implementation of vital infrastructure initiatives, thereby enhancing the overall resilience, livability, and competitiveness of the state's communities.
Source: L. 2025: Entire article added, (SB 25-081), ch. 320, p. 1673, � 3,
effective August 6.
C.R.S. § 24-117-104
24-117-104. Building urgent infrastructure and leveraging dollars authority - creation - board of directors - meetings - records. (1) The building urgent infrastructure and leveraging dollars authority is created as a body corporate and a political subdivision of the state. The authority is not an agency of state government and is not subject to administrative direction by any department, commission, board, bureau, or agency of the state.
(2) (a) The powers of the authority are vested in the governing body of the
authority, which is a board of directors. The board consists of thirteen members as follows:
(I) The state treasurer or the state treasurer's designee;
(II) The state architect or the state architect's designee;
(III) The chair of the capital development committee of the general assembly
or any successor committee;
(IV) A member of the capital development committee of the general
assembly or any successor committee who is the longest serving member on the committee and who belongs to the major political party other than the party of the chair of the committee;
(V) A representative of a statewide organization representing counties,
appointed by the governor;
(VI) A representative of a statewide organization representing municipalities,
appointed by the governor;
(VII) The executive director of the Colorado educational and cultural
facilities authority or their designee;
(VIII) A representative of a statewide organization of general and specialty
commercial construction contractors, appointed by the governor;
(IX) A representative of a statewide employee organization representing
building and construction trade workers, appointed by the president of the senate;
(X) An individual representing service employees, appointed by the state
treasurer;
(XI) An individual with a background in finance who has experience with
pension fund management, appointed by the state treasurer;
(XII) An individual with a background in finance who has experience with
bonds, appointed by the state treasurer; and
(XIII) An individual with a background in commercial lending representing an
institution insured by the federal deposit insurance corporation, appointed by the state treasurer.
(b) The appointing authorities shall make their initial appointments to the
board no later than January 1, 2026.
(3) The term of appointment for each member of the board appointed
pursuant to subsection (2) of this section is four years; except that the term of each member initially appointed pursuant to subsections (2)(a)(V) and (2)(a)(XI) of this section is three years. A member may be appointed for no more than three terms. Any vacancy must be filled in the same manner as the original appointment for the unexpired term.
(4) Members of the board serve without compensation but are entitled to
receive reimbursement for actual and necessary expenses incurred in the performance of the members' duties on the board.
(5) The state treasurer or the state treasurer's designee shall serve as the
chair and shall call the first meeting of the board to occur no later than January 1, 2026.
(6) The board shall meet at least once every three months. The chair may call
additional meetings as necessary for the board to complete its duties.
(7) (a) All meetings of the board are open to the public. No business of the
board shall be transacted except at a regular or special meeting at which a quorum consisting of at least a majority of the total membership of the board is present. Any action of the board requires the affirmative vote of a majority of the members present at the meeting.
(b) One or more members of the board may participate in any meeting and
may vote through the use of telecommunications devices, including a conference telephone or similar communications equipment. Participation through telecommunications devices constitutes presence in person at the meeting. Use of telecommunications for participation does not supersede any requirements for open meetings otherwise provided by law.
(8) The board and any employee, other agent, or adviser of the authority
shall act in good faith, in a commercially reasonable manner, and in the interest of the state.
(9) Any board member, employee, other agent, or adviser of the authority
who has a direct or indirect interest in any contract, transaction, or proposal with the authority or any interest, direct or indirect, in a nonprofit or for-profit organization submitting a proposal to the authority shall disclose this interest to the authority. This interest must be set forth in the minutes of the authority, and a board member, employee, or other agent or adviser having such an interest shall not participate on behalf of the authority in the authorization of any such contract or transaction.
(10) All public records of the authority are subject to the Colorado Open
Records Act, part 2 of article 72 of this title 24. All records are subject to any budget and audit laws applicable to the authority and may be subject to regular audit to the extent required by law.
(11) No part of the revenues or assets of the authority may inure to the
benefit of, or be distributed to, the authority's members or officers.
(12) The authority may hire staff as it deems necessary or convenient to
administer this article 117, and the department of personnel may assist the authority with administering this article 117. The authority may cooperate and enter into contracts with the department of personnel, or with another agency or entity, for administrative or operations matters, including for staffing. The authority shall pay the department of personnel, or another agency or entity that the authority has entered into a contract with, for all costs incurred for services, staffing, and administrative costs that are approved by the initial chairperson and ratified by the board or that are approved by the authority. Nothing in this article 117 precludes the authority from hiring staff and entering into contracts concurrently as the authority deems necessary or convenient for administration or operations matters.
(13) Any state agency may, subject to annual appropriations, provide
technical advice, support, and assistance to the authority.
(14) The authority is a public entity as set forth in sections 24-10-103 (5)
and 11-57-203 (3) and a special purpose authority as set forth in section 24-77-102 (15).
(15) The authority and its corporate existence continues until terminated by
law; except that a law must not take effect so long as the authority has bonds or other outstanding obligations unless adequate provision has been made for the payment of the bonds or other outstanding obligations. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations must pass to and be vested in the state.
Source: L. 2025: Entire article added, (SB 25-081), ch. 320, p. 1675, � 3,
effective August 6.
C.R.S. § 24-117-105
24-117-105. General powers. (1) In addition to any other powers granted to the authority in this article 117, the authority has the powers to:
(a) Have the duties, privileges, immunities, rights, liabilities, and disabilities
of a body corporate and political subdivision of the state;
(b) Have perpetual existence and succession;
(c) Adopt, alter, have, and use a seal;
(d) Sue and be sued;
(e) Acquire office space, equipment, services, supplies, and insurance
necessary to carry out the purposes of this article 117;
(f) Fix the time and place at which its regular and special meetings are to be
held;
(g) Adopt, amend, or repeal bylaws, policies, and procedures consistent with
the provisions of this article 117, including policies and procedures regarding the definition and interpretation of terms used in this article 117. Nothing in this subsection (1)(g) grants the authority the power to redefine terms that are already defined in this article 117.
(h) Appoint agents, employees, and professional and business advisers,
including real estate professionals, construction companies, property managers, attorneys, accountants, and financial advisers as necessary to accomplish the purposes of this article 117, and to fix the compensation of such agents, employees, and advisers, and to establish the powers and duties of all agents, employees, and advisers, as well as any other person contracting with the authority to provide services, including termination of employment or the contract for services; except that the authority may contract with the officers, personnel, and consultants of the state treasurer to perform any or all activities specified in this article 117;
(i) Make and execute agreements, contracts, and other instruments
necessary or convenient in the exercise of the powers and functions of the authority under this article 117, including contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies may enter into and do all things necessary to perform any such arrangement or contract with the authority.
(j) Utilize available money for administrative costs;
(k) Establish advisory committees;
(l) Borrow money through the issuance of bonds and other securities as
provided in this article 117;
(m) Enter into interest rate exchange agreements for bonds in accordance
with section 24-117-106;
(n) Acquire, hold, and sell loan obligations at prices and through methods
deemed advisable by the board;
(o) Contract for and to accept any gifts, grants, and loans of money,
property, or any other aid in any form from the federal government, the state, any state agency, or any other source or any combination thereof, and to comply, subject to the provisions of this article 117, with the terms and conditions of such contracts for the acceptance of such items;
(p) Secure insurance, guarantees, or other forms of collateral or credit
support for issued bonds or securities;
(q) Invest and deposit money in accordance with section 24-117-111;
(r) Finance or participate in the financing of eligible projects, or any interest
therein, except for any projects that are within the statutory authority of the Colorado housing and finance authority;
(s) Facilitate the funding of infrastructure projects, and in so doing, the
authority must prioritize assisting infrastructure projects that satisfy the criteria identified in section 24-117-112 (5);
(t) Charge to and collect from state agencies and persons fees and charges
in connection with the authority's loans or other services, including but not limited to fees and charges sufficient to reimburse the authority for all reasonable costs necessarily incurred by the authority in connection with carrying out the purpose and intent of this article 117 and the establishment and maintenance of reserves or other money, as the authority may determine to be reasonable;
(u) Collect debts owed to the authority, including through necessary legal
actions; and
(v) Have and exercise all rights and powers necessary, incidental to, or
implied from the specific powers granted in this article 117, which specific powers shall not be considered as a limitation on any power necessary or appropriate to carry out the purposes and intent of this article 117.
(2) The authority shall develop policies and procedures as necessary for the
implementation of this article 117.
(3) The authority shall engage with under-represented communities and
organizations.
(4) The authority shall engage in responsible contracting and labor
practices.
(5) (a) The authority shall comply with all applicable federal laws governing
the use of federal funds, including, without limitation, statutes and regulations governing:
(I) Any conditions or limitations on expenditures;
(II) Reporting; and
(III) The commingling of federal funds.
(b) Earnings made in connection with this article 117 on balances in any
federal accounts must be credited and invested in accordance with federal law. Earnings made in connection with this article 117 on any state and local money must be deposited in the same fund to the credit of the account that generates the earnings.
(6) The authority shall follow all applicable federal and state prevailing wage
and apprenticeship utilization statutory and regulatory requirements, including:
(a) The federal Davis-Bacon Act, 40 U.S.C. sec. 3141 et seq., and related
federal acts;
(b) Where applicable, the federal Inflation Reduction Act of 2022, United
States Code, title 26, including but not limited to sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D, and associated implementing rules and guidance promulgated by the United States department of the treasury and the United States internal revenue service, as the statute and implementing rules and guidance may be amended from time to time;
(c) State prevailing wage and apprenticeship utilization requirements for
projects that meet the definition of public projects, as defined in sections 24-92-201 (5) and 24-92-115; and
(d) State prevailing wage and apprenticeship utilization requirements
established in sections 24-92-115 and 24-92-201 for projects that meet the definition of energy sector public works projects, as defined in section 24-92-303 (5).
(7) The authority shall ensure that any loan that is issued by the authority
and then paid in full is closed. The authority shall not use a closed loan as equity for any other project.
(8) If a project being considered by the authority is not required under state
or federal law to follow prevailing wage or apprenticeship utilization requirements, the authority shall give preference for projects that voluntarily agree to follow the state prevailing wage for employees employed in the construction, rehabilitation, operation, or maintenance services of facilities, as described in sections 24-92-201 to 24-92-210, and state apprenticeship utilization requirements described in section 24-92-115.
(9) The authority shall not issue bonds for, finance, or participate in the
financing of any projects that are within the statutory authority of the Colorado housing and finance authority.
Source: L. 2025: Entire article added, (SB 25-081), ch. 320, p. 1678, � 3,
effective August 6.
C.R.S. § 24-16-103
24-16-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Agency of government means any state agency, department, division,
board, bureau, commission, institution, or section which is a budgetary unit exercising purchasing authority or discretion.
(2) Contract means any agreement for public works for a fixed or
determinable amount duly awarded after advertisement and competitive bid.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, clerical and accounting services, the value of the use of equipment, including depreciation, owned by an agency of government, and reasonable estimates of other administrative costs not otherwise directly attributable to the project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4) Generally accepted cost accounting principles and standards means
those accounting principles and standards promulgated by the cost accounting standards board of the American institute of certified public accountants which pertain to contractors engaged in the performance of government contracts.
(5) Project means any public work for which appropriation or expenditure
of funds may be reasonably expected to exceed twenty-five thousand dollars in the aggregate for any fiscal year.
(6) Public work means any construction, alteration, repair, or improvement
of any land, building, structure, facility, road, highway, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety or maintenance programs for the upkeep of public roads, highways, or bridge structures; except that public works does not include routine maintenance that is not definable by a stop or start time or by geographical limits.
(7) Responsible agency of government means the agency of government
which has fiscal accountability for a project.
(8) Responsible official means the person having overall responsibility,
including delegated authority, for keeping the accounting records of the responsible agency of government.
Source: L. 81: Entire article added, p. 1154, � 1, effective July 1.
C.R.S. § 24-17-202
24-17-202. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Under certain circumstances, contingency-based contracts can benefit
the state by reducing state agencies' fixed contractual costs and linking state agency expenditures to the achievement of desired results, but contingency-based contracts can also have unintended adverse consequences that impact state finances in ways that a contracting state agency might not foresee.
(b) Contracting is a function of the executive branch of state government,
but the power to appropriate state moneys is a legislative function, and it is necessary and appropriate to provide limited legislative guidance to the executive branch regarding contingency-based contracts in order to protect state finances and the appropriations process from possible unintended adverse effects of contingency-based contracts.
(2) The general assembly further finds and declares that:
(a) Existing statutes expressly authorize certain state agencies to enter into
contingency-based contracts in specified circumstances, and these statutes reflect the considered judgment of the general assembly that contingency-based contracts are appropriate in those circumstances. It is not the intent of the general assembly to subject contingency-based contracts entered into pursuant to specific statutory authorization to the requirements of this part 2.
(b) Because the office of state planning and budgeting is the executive
branch agency that makes state economic forecasts for the executive branch and oversees the participation of the executive branch in the state budgeting process, it is the state agency best suited to determine, in accordance with the guidelines set forth in this part 2, whether a contingency-based contract not expressly authorized by statute is appropriate.
Source: L. 2004: Entire part added, p. 1124, � 1, effective May 27.
C.R.S. § 24-18-201
24-18-201. Interests in contracts. (1) Members of the general assembly, public officers, local government officials, or employees shall not be interested in any contract made by them in their official capacity or by any body, agency, or board of which they are members or employees. A former employee may not, within six months following the termination of his employment, contract or be employed by an employer who contracts with a state agency or any local government involving matters with which he was directly involved during his employment. For purposes of this section, the term:
(a) Be interested in does not include holding a minority interest in a
corporation.
(b) Contract does not include:
(I) Contracts awarded to the lowest responsible bidder based on competitive
bidding procedures;
(II) Merchandise sold to the highest bidder at public auctions;
(III) Investments or deposits in financial institutions which are in the business
of loaning or receiving moneys;
(IV) A contract with an interested party if, because of geographic
restrictions, a local government could not otherwise reasonably afford itself of the subject of the contract. It shall be presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than ten percent of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period.
(V) A contract with respect to which any member of the general assembly,
public officer, local government official, or employee has disclosed a personal interest and has not voted thereon or with respect to which any member of the governing body of a local government has voted thereon in accordance with section 24-18-109 (3)(b) or 31-4-404 (3), C.R.S. Any such disclosure shall be made: To the governing body, for local government officials and employees; in accordance with the rules of the house of representatives and the senate, for members of the general assembly; and to the secretary of state, for all others.
Source: L. 88: Entire article added, p. 905, � 1, effective July 1.
C.R.S. § 24-21-522
24-21-522. Examination of notary public. (1) An applicant for a commission as a notary public who does not hold a commission in this state must pass an examination administered by the secretary of state or an entity approved by the secretary of state. The examination must be based on the course of study described in subsection (2) of this section.
(2) The secretary of state or an entity approved by the secretary of state
shall offer regularly a course of study to applicants who do not hold commissions as notaries public in this state. The course must cover the laws, rules, procedures, and ethics relevant to notarial acts. The office of the secretary of state may enter into a contract with a private contractor or contractors to conduct notary training programs. The contractor or contractors may charge a fee for any such training program.
Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 801, � 2, effective
July 1, 2018.
C.R.S. § 24-21-619
24-21-619. Conduct of pull tabs - license revocation - rules - definitions. (1) A licensee shall not sell, offer for sale, or put into play any pull tab ticket except at the location of and during its licensed bingo occasions or upon premises that are:
(a) Owned, leased, or rented by the bingo-raffle licensee, used as its
principal place of business, and controlled so that admittance to the premises is limited to the bingo-raffle licensee's members and bona fide guests; or
(b) Owned, leased, or rented by a landlord licensee.
(2) A bingo-raffle licensee may offer a prize to the purchaser of a last sale
ticket in a pull tab game, deal, or series without regard to its winning or nonwinning status as revealed if broken or torn apart.
(3) A bingo-raffle licensee may offer one or more event pull tab series. For
the purposes of this subsection (3):
(a) Event pull tab series means a pull tab series that includes a
predetermined number of paper pull tabs that allow a player to advance to an event round.
(b) Event round means a secondary element of chance where the prizes are
determined based on pull tabs that match specific winning numbers drawn in a bingo game and the winning numbers shall fall within numbers one to seventy-five, inclusive.
(4) (a) A bingo-raffle licensee may offer a progressive pull tab game in which
a prize may be carried over and increased from one deal to another until a prize is awarded. The game may include a subsequent pull tab deal bearing a different serial number from that offered in a previous deal. A licensee shall not offer or give a prize greater, in amount or value, than five thousand dollars in any progressive pull tab game. The licensing authority may limit by rule the types of progressive pull tab games allowed to be sold by supplier licensees.
(b) When a deal of progressive pull tabs is received in two or more packages,
boxes, or other containers, all of the progressive pull tabs from the respective packages, boxes, or other containers must be placed out for play at the same time.
(5) (a) A licensee shall not possess, use, sell, offer for sale, or put into play
any computerized or electromechanical facsimile of a pull tab game.
(b) A licensee shall not possess, use, sell, offer for sale, or put into play any
device that reveals the winning or nonwinning status of a pull tab ticket unless the device has been tested, approved, and licensed pursuant to subsection (6) of this section and not subsequently altered or tampered with.
(c) Any of the following persons that are found to have violated subsection
(5)(a) of this section are subject to immediate and permanent revocation of all licenses issued under this part 6:
(I) The manufacturer of the device;
(II) The supplier through which the device was supplied;
(III) The landlord licensee on whose premises the device was found; and
(IV) The bingo-raffle licensee of the occasion during which the device was
present.
(6) (a) The licensing authority shall test, inspect, and license every
mechanical, electronic, or electromechanical device that reveals the winning or nonwinning status of a pull tab ticket before the device is used in charitable gaming. The licensing authority shall employ an independent contractor to conduct the tests and inspections, the cost of which shall be borne by the manufacturer or supplier seeking approval of the device. The licensing authority shall not issue a license for a device until the device is secured in a manner prescribed by the licensing authority and the contractor receives payment in full for the cost of all tests and inspections.
(b) Every person shipping or importing into Colorado a device subject to
subsection (6)(a) of this section shall provide the licensing authority with a copy of the shipping invoice at the time of shipment. The invoice must contain, at a minimum, the destination of the shipment and the serial number and description of each device being transported.
(c) Every person receiving a device subject to subsection (6)(a) of this section
shall, upon receipt of the device, provide the licensing authority with the serial number and description of each device received and information describing the location of each device. The requirements of this subsection (6)(c) apply regardless of whether the device is received from a licensed supplier or from any other source.
(d) A device licensed pursuant to this subsection (6) is licensed for and may
only be used in one specific licensed location identified by the licensing authority. Any movement of the device from the licensed location for use at another licensed location shall be reported to and must be approved by the licensing authority in advance.
(e) The licensing authority may adopt rules and prescribe all necessary
forms in furtherance of this subsection (6).
(f) Notwithstanding any other provision of this part 6, the licensing authority
shall not license:
(I) A pull tab game that is stored, electronically or otherwise, within a device
and designed to be played on such device; or
(II) Any device that qualifies as a slot machine pursuant to section 9 (4)(c) of
article XVIII of the Colorado constitution.
(g) The prohibition contained in subsection (6)(f) of this section does not
prohibit the licensing of:
(I) A device that merely dispenses pull tab tickets to players; or
(II) A device that merely reads or validates a pull tab ticket inserted by a
player, if:
(A) The pull tab ticket itself displays its winning or nonwinning status so that
use of the device is not required to determine such status; and
(B) The device cannot be used in a manner that would qualify it as a slot
machine pursuant to section 9 (4)(c) of article XVIII of the Colorado constitution.
Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p.
932, � 2, effective May 23. L. 2022: IP(3) and (3)(a) amended, (HB 22-1093), ch. 366, p. 2608, � 4, effective April 1, 2023.
Editor's note: This section is similar to former � 12-9-107.2 as it existed prior
to 2017.
C.R.S. § 24-30-105
24-30-105. Statewide language access assessment - report - legislative declaration - definitions. (1) Legislative declaration. The general assembly finds and declares that:
(a) Almost nine hundred thousand Coloradans speak a language other than
English, with the top five languages being Spanish, Chinese, Vietnamese, German, and Russian, and more than three hundred thousand Coloradans face linguistic barriers to accessing state government services and programs;
(b) Providing language access for state government services and programs
is key to improving their effectiveness and supporting successful integration and inclusion of immigrants and their families into Colorado's civic, economic, and social life;
(c) It is the intent of the office of new Americans in the Colorado department
of labor and employment to work administratively, in concert with the appropriate office of the department of personnel, to establish an interim language access working group made up of the principal departments of the state;
(d) Once established, the interim language access working group will work
to draft a statewide language access policy for the consideration of the governor;
(e) Upon approval of the draft policy by the governor, a language access
universal policy will be adopted and published by the division of human resources within the department of personnel;
(f) The language access assessment created in this section will assess the
effectiveness of the language access universal policy in meeting the needs of multilingual Coloradans and will assess the readiness of principal departments to meet the statewide language access standards; and
(g) Upon completion of the assessment and not later than December 31,
2026, the interim language access working group will dissolve and transition to a community of practice maintained by the appropriate office of the department of personnel. To the extent possible, the department of personnel will work to ensure representation in the community of practice from linguistically diverse individuals and other community members with professional or lived experience with language access initiatives and from across state agencies, while limiting total participation to twenty people. The ongoing work of the language access community of practice will be informed by the work of the interim language access working group and will focus on implementing the language access universal policy with ongoing observation of best practices in the principal departments.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Department means the department of personnel created in section 24-1-128.
(b) Executive director means the executive director of the department of
personnel.
(c) Language access assessment or assessment means the statewide
assessment on language access readiness required by subsection (3) of this section.
(d) Language access universal policy means the statewide policy
standards for language access identified by the interim language access working group initiated by the office of new Americans and the department in 2025.
(e) Linguistically diverse individuals means individuals seeking to access
state government services in the language of their choice who may have English language proficiency that requires language support in certain contexts. Linguistically diverse individuals includes individuals with limited English proficiency as provided by Title VI of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000d et seq.; federal executive order 13166, Improving Access to Services for Persons with Limited English Proficiency, as published in 65 Fed. Reg. 50121 (August 11, 2000); and other federal anti-discrimination statutes.
(f) Office of new Americans means the Colorado office of new Americans
created in section 8-3.7-103.
(g) Other covered entity means a public or private entity that receives state
funding or contracts to administer programs or services for the public, including receiving state funding through grants, purchase-of-service contracts, or any other arrangement by which the state provides or otherwise makes available assistance in the form of money to a person for the purpose of rendering services to the public.
(h) Principal department means a principal department listed in section 24-1-110; except that principal department does not include the department of state,
the department of the treasury, or the department of law.
(i) Third-party entity means an entity that has entered into an agreement
with the department to conduct all or part of the language access assessment.
(3) Statewide language access assessment. (a) The executive director, in
partnership with the office of new Americans, shall assess or contract for an assessment of the readiness of principal departments to meet the language access standards outlined in the language access universal policy. In addition to any area of assessment deemed appropriate by the executive director, the office of new Americans, or the third-party entity, the assessment must identify:
(I) The needs of principal departments to meet the standards outlined in the
language access universal policy, including requests for guidance, training, and technical assistance;
(II) Relevant language access materials from principal departments,
including language access plans, position descriptions related to language access, procedures related to language access, and technical assistance or training materials;
(III) Information on current language services contracts, expenditures, and
funding sources related to language access;
(IV) The public-facing responsibilities of principal departments, including
designating which principal departments and their subcontractors do and do not have frequent contact with linguistically diverse individuals; and
(V) Other covered entities that may be subject to the standards outlined in
the language access universal policy.
(b) A principal department shall provide any nonconfidential data and non-personally identifiable information that is necessary to complete the assessment,
as available, upon request of the executive director or the third-party entity.
(c) (I) The executive director may enter into an agreement with one or more
third-party entities to conduct all or part of the assessment.
(II) A third-party entity that enters into an agreement with the executive
director to conduct all or part of the assessment must have demonstrated expertise in working with state governments on language access initiatives, such as developing language access policies or plans.
(III) The third-party entity may be from outside Colorado.
(4) Report. (a) At the conclusion of the assessment and not later than
December 31, 2026, the executive director, the office of new Americans, or the third-party entity, as appropriate, shall create a report summarizing the findings and recommendations of the assessment, including recommendations concerning:
(I) Improving efficiency, increasing quality of service, reducing cost, avoiding
duplicative work, building on existing best practices, and minimizing administrative burden with respect to the provision of linguistically accessible government services and programs to linguistically diverse individuals;
(II) Addressing gaps and improving meaningful service through changes to
language access services, practices, and procedures;
(III) Evaluating potential technological options for increasing language
access, such as artificial intelligence; and
(IV) Determining what infrastructure is needed to ensure full and sustainable
implementation of the standards outlined in the language access universal policy.
(b) The report must include an executive summary of the findings and
recommendations that does not exceed two pages. The executive summary must be written in plain language and must be available in English and the other five most commonly spoken languages in the state by population of linguistically diverse individuals.
(c) (I) The executive director shall make the report on the assessment
publicly available on the department's website.
(II) The director of the office of new Americans shall make the report on the
assessment publicly available on the office's website.
(III) Upon request, the executive director or the director of the office of new
Americans shall provide a copy of the report in any requested language.
(d) In January 2027, the department shall include, as part of its presentation
during its SMART Act hearing required by section 2-7-203, a summary of the information included in the report required by this subsection (4) concerning the language access assessment.
Source: L. 2025: Entire section added, (HB 25-1153), ch. 315, p. 1646, � 1,
effective May 30.
PART 2
ACCOUNTS AND CONTROL
C.R.S. § 24-30-1301
24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires:
(1) (a) Capital asset means:
(I) Real property;
(II) Fixed equipment;
(III) Movable equipment; or
(IV) Instructional or scientific equipment with a cost that exceeds fifty
thousand dollars; except that capital asset does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.
(b) Capital asset does not mean information technology. All information
technology budget requests must be presented as set forth in section 2-3-1704 (11), C.R.S.
(2) Capital construction means:
(a) Acquisition of a capital asset or disposition of real property;
(b) Construction, demolition, remodeling, or renovation of real property
necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;
(c) Site improvement or development of real property;
(d) Installation of the fixed or movable equipment necessary for the
operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;
(e) Installation of the fixed or movable equipment necessary for the conduct
of programs in or on real property upon completion of the new construction, remodeling, or renovation;
(f) Contracting for the services of architects, engineers, and other
consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with capital construction and to supervise the construction or execution of such capital construction; or
(g) (Deleted by amendment, L. 2014.)
(3) (a) Capital renewal means a controlled maintenance project of real
property or more than one integrated controlled maintenance project of real property with costs exceeding four million seven hundred thousand dollars in a fiscal year that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.
(b) Beginning on January 1, 2029, and on January 1 of every three-year period
thereafter, the department shall adjust the capital renewal cost threshold for inflation in accordance with the percentage change over the preceding three-year period in the United States department of labor bureau of labor statistics producer price index commodity data for final demand - construction for government, or its successor index. The department shall publish the adjusted capital renewal cost threshold on its website.
(4) Controlled maintenance means:
(a) Corrective repairs or replacement, including improvements for health, life
safety, and code requirements, used for existing real property; and
(b) Corrective repairs or replacement, including improvements for health, life
safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.
(c) Controlled maintenance may include contracting for the services of
architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided through an appropriation by the general assembly.
(5) Department means the department of personnel.
(6) Economic life means the projected or anticipated useful life of real
property.
(7) Executive director means the executive director of the department of
personnel.
(8) Facility means a state-owned building or utility. Facility does not
include highways or publicly assisted housing projects as defined in section 24-32-718.
(9) Fixed equipment includes, but is not limited to, mechanical, electrical,
or plumbing components built into real property that are necessary for the operation of the real property.
(10) (Deleted by amendment, L. 2014.)
(11) Initial cost means the required cost necessary to construct or renovate
a facility.
(12) Life-cycle cost means the cost alternatives, over the economic life of a
facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.
(13) Movable equipment means:
(a) All equipment that is not defined as fixed equipment that is necessary for
the conduct of a program in or on real property;
(b) The rolling stock and fixed stock necessary for running a state-owned
railway; and
(c) Aircraft as defined in section 43-10-102 (1), C.R.S., that is used for state
purposes.
(13.5) Office of the state architect or office means the office of the state
architect created in section 24-30-1302.5.
(14) Principal representative means the governing board of a state agency
or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.
(15) (a) Real property means a facility, state-owned grounds around a
facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.
(b) Real property does not include:
(I) Land or any interest therein acquired by the department of transportation
and used, or intended to be used, for right-of-way purposes;
(II) Land or any interest therein held by the division of parks and wildlife and
the parks and wildlife commission in the department of natural resources; and
(III) Public lands of the state or any interest therein that are subject to the
jurisdiction of the state board of land commissioners.
(16) State means the government of this state, every state agency, and
every state institution of higher education. State does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.
(17) State agency means any department, commission, council, board,
bureau, committee, office, agency, or other governmental unit of the state.
(18) State institution of higher education means a state institution of higher
education as defined in section 23-18-102 (10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.
Source: L. 79: Entire part added, p. 879, � 1, effective July 1. L. 80: (1)(b) and
(1)(c) amended and (2) R&RE, p. 593, �� 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, � 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, � 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, � 1, effective August 5. L. 2011: (1)(f) amended, (HB 11-1301), ch. 297, p. 1431, � 30, effective August 10. L. 2012: (7) amended, (SB 12-040), ch. 118, p. 403, � 3, effective April 16. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1800, � 3, effective June 6; (1), (2)(g), and (10) amended, (HB 14-1395), ch. 309, p. 1308, � 6, effective June 6. L. 2015: (13.5) added, (SB 15-270), ch. 296, p. 1206, � 1, effective June 5. L. 2024: (3) amended, (HB 24-1422), ch. 137, p. 510, � 1, effective August 7.
Cross references: For the legislative declaration contained in the 1995 act
amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1303
24-30-1303. Office of the state architect - responsibilities. (1) The office of the state architect shall:
(a) With the approval of the governor, negotiate and execute leases on
behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;
(a.5) Notwithstanding section 24-30-1301 (15)(a), with the approval of the
governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests;
(b) With the approval of the governor, negotiate and approve easements and
rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;
(c) Repealed.
(d) Supervise and be responsible for the expenditure of funds appropriated
by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;
(e) Maintain a current record of balances by project in the capital
construction and controlled maintenance funds;
(f) Cause to be developed and enforced methods of internal control, on
standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;
(g) Repealed.
(h) Develop, or cause to be developed, with the approval of the governor,
specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;
(i) Develop a construction procedures manual for real property, with the
approval of the governor;
(j) Develop, or cause to be developed, standards of inspection, with the
approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;
(k) Coordinate initiation of budget requests for those capital construction or
capital renewal projects for which the executive director shall be designated as principal representative by the governor;
(k.5) Coordinate initiation of budget requests for controlled maintenance
projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.
(l) and (m) Repealed.
(n) (I) (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)
(II) Develop, or cause to be developed, methods of control on a standardized
basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.
(o) (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)
(p) Develop and maintain, or cause to be developed and maintained, at state
agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;
(q) Develop and maintain, or cause to be developed and maintained, at state
agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;
(r) Promulgate rules for independent third-party review of facility program
plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.
(s) (I) Promulgate rules and regulations for the administration of the bid
procedure and acceptable methods for determining the lowest responsible bidder;
(II) In cooperation with the project architect, engineer, or consultant, be
responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;
(III) When directly responsible for the bid procedure, recommend the lowest
responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;
(IV) Promulgate, with the assistance of the attorney general and the state
controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;
(V) Review and approve modifications to such standard contract language;
(s.5) Work with the office of state planning and budgeting, the Colorado
commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;
(t) (I) Make recommendations on capital construction and capital renewal
project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.
(II) Be responsible for the preparation of the state's controlled maintenance
budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;
(u) and (v) Repealed.
(w) Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction,
assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.
(x) and (y) Repealed.
(z) Establish minimum building codes, with the approval of the governor and
the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.
(aa) Repealed.
(bb) Develop and maintain a list of the information required to be included in
facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);
(cc) Develop procedures for the submission of facility management plans
and updates pursuant to section 24-30-1303.5 (3.5); and
(dd) Review facility management plans and updates submitted pursuant to
section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.
(ee) (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, � 75,
effective August 5, 2009.)
(ff) (I) (A) On or before January 1, 2025, adopt and enforce an energy code
that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.
(B) On or before January 1, 2030, adopt and enforce an energy code that
achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.
(II) Notwithstanding any other provision of this subsection (1)(ff), the office of
the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(III) Nothing in this subsection (1)(ff) restricts the ability of an investor-owned
utility with approval from the public utilities commission to:
(A) Provide incentives or other energy efficiency program services to help
the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or
(B) Earn shareholder incentives and claim credits toward its regulatory
requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff).
(IV) A utility not subject to regulation by the public utilities commission may
provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff).
(V) (A) A utility shall be allowed to count mass-based emissions reductions
associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(B) A utility subject to regulation by the public utilities commission shall not
be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(2) The provisions of subsection (1) of this section shall not apply to lands
under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.
(3) (a) All real property, except public roads and highways, projects under
the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.
(b) Projects under the supervision of the division of parks and wildlife that
are excluded from paragraph (a) of this subsection (3), shall:
(I) Maintain a current record of balances by capital project, including but not
limited to:
(A) Planned budgets, actual expenditures, and additions or deletions to and
components of projects; and
(B) Items categorized for professional services, construction or
improvement, contingencies, and moveable equipment.
(II) Notwithstanding section 24-1-136 (11)(a)(I), report the current record of
balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.
(c) (I) All real property under the supervision of the judicial department
erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.
(II) The judicial department is authorized to hire private construction
managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.
(III) The judicial department is authorized to perform the responsibilities and
functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.
(4) When the principal representative is a legislative agency, the principal
representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.
(5) (a) The office may delegate to state agencies or state institutions of
higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.
(b) The office may authorize state agencies or state institutions of higher
education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.
(c) If the state architect determines that the governing board of a state
institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).
(d) Upon application by any state agency or state institution of higher
education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.
(6) Nothing in this article is intended to diminish the authority granted to the
judicial department or the state court administrator in Senate Bill 08-206.
(7) By June 30, 2025, the office of the state architect shall develop, in
coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.
Source: L. 79: Entire part added, pp. 881, 894, �� 1, 2, effective July 1. L. 83:
(4) amended, p. 893 � 1, effective March 22; (1)(c) repealed, p. 896, � 3, effective June 1. L. 89: (5) added, p. 1026, � 1, effective April 27; (1)(k.5) added, p. 1028, � 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, �� 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, � 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, �� 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, � 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, � 57, effective June 1. L. 97: (1)(p) amended, p. 108, � 1, effective March 24. L. 2001: (3) amended, p. 227, � 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, � 2, effective April 29; (1)(ee) added, p. 2502, � 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, � 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, � 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, � 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, � 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, � 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, � 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, � 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, � 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, � 1, effective August 9. L. 2021: (1)(a.5) added, (HB 21-1126), ch. 36, p. 141, � 1, effective April 15. L. 2022: (1)(ff) added, (HB 22-1362), ch. 301, p. 2179, � 4, effective June 2. L. 2024: (7) added, (SB 24-179), ch. 449, p. 3128, � 1, effective August 7.
Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa),
effective January 1, 1996. (See L. 93, p. 917.)
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1305.5
24-30-1305.5. High performance standards - report - legislative declaration - definition. (1) The office shall, in consultation with the Colorado commission on higher education, adopt and update from time to time a high performance standard certification program.
(2) A state agency or state institution of higher education controlling the
substantial renovation, design, or new construction of a building shall, pursuant to the program adopted in subsection (1) of this section, perform the substantial renovation, design, or new construction to achieve the highest performance certification attainable as certified by an independent third party pursuant to the high performance standard certification program. A certification is attainable if the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable can be recouped from decreased operational costs within fifteen years.
(3) (a) For all buildings that started the design process on or after January 1,
2010, each state agency or state institution of higher education shall monitor, track, and verify utility vendor bill data pertaining to the building and must annually report to the office. The annual report must also include information related to building performance based on the building's utility consumption.
(b) The general assembly hereby finds, determines, and declares that
buildings that have achieved the highest performance certification attainable and started the design process prior to January 1, 2010, are strongly encouraged to monitor, track, and verify utility vendor bill data pertaining to such building in order to ensure that the increased initial costs to achieve the highest performance certification attainable are in fact recouped. If such data is monitored, tracked, and verified, then the state agency or state institution of higher education must annually report to the office. If such data is not monitored, tracked, and verified, then the state agency or state institution of higher education must provide the office, in writing, a reasonable explanation and also must work with the office to find a way to start monitoring, tracking, verifying, and reporting such data.
(c) The state agency or state institution of higher education, not a utility
company, shall compile the utility vendor bill data.
(4) If the state agency or state institution of higher education estimates that
the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable will exceed five percent of the total cost of the substantial renovation, design, or new construction, the capital development committee shall specifically examine such estimate before approving any appropriation for the substantial renovation, design, or new construction.
(5) If a building undergoing substantial renovation cannot achieve high
performance due to either the historical nature of the building or because the increased costs of renovating the building cannot be recouped from decreased operational costs within fifteen years, an accredited professional shall assert in writing that, as much as possible, the substantial renovation has been consistent with the high performance standard certification program.
(6) Any design or new construction of a building of less than five thousand
square feet that is, but for its size, otherwise subject to this section and any minor renovation and controlled maintenance of a building that is subject to this section must be executed to the high performance standards adopted in the high performance standard certification program even if high performance certification is not sought at that time.
(7) Notwithstanding section 24-1-136 (11)(a)(I), the office shall report annually
to the capital development committee regarding contracting documents, project guidelines, and reporting and tracking procedures related to the implementation of this section.
(8) As used in this section, unless the context otherwise requires:
(a) (I) Building means a facility that:
(A) Is substantially renovated, designed, or constructed with state moneys or
with moneys guaranteed or insured by a state agency or state institution of higher education and such moneys constitute at least twenty-five percent of the project cost;
(B) Contains five thousand or more gross square feet;
(C) Includes a heating, ventilation, or air conditioning system; and
(D) Did not enter the design phase prior to January 1, 2008.
(II) Building includes an academic facility as defined in section 23-1-106
(10.3)(a), C.R.S., including an academic facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.
(III) Building does not include:
(A) An auxiliary facility as defined in section 23-1-106 (10.3)(b), C.R.S.,
including an auxiliary facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.; or
(B) A publicly assisted housing project as defined in section 24-32-718.
(b) High performance standard certification program means a real property
renovation, design, and construction standard that:
(I) Is quantifiable, measurable, and verifiable as certified by an independent
third party;
(II) Reduces the operating costs of real property by reducing the
consumption of energy, water, and other resources;
(III) Results in the recovery of the increased initial capital costs attributable
to compliance with the program over time by reducing long-term energy, maintenance, and operating costs;
(IV) Improves the indoor environmental quality of real property for a
healthier work environment;
(V) Encourages the use of products harvested, created, or mined within
Colorado, regardless of product certification status;
(VI) Protects Colorado's environment; and
(VII) Complies with the federal secretary of the interior's standards for the
treatment of historic real property when such work will affect real property fifty years of age or older, unless the state historical society, designated in section 24-80-201, determines that such real property is not of historical significance as defined in section 24-80.1-102 (6).
(c) Substantial renovation means any renovation with a cost that exceeds
twenty-five percent of the value of the building.
(d) Utility vendor bill data means information or data limited to the usage
data measured by the state agency or state institution of higher education or the information or data required to meet minimum program standards by an independent third party pursuant to the high performance standard certification program.
Source: L. 2014: Entire section added, (HB 14-1387), ch. 378, p. 1815, � 9,
effective June 6. L. 2015: (1), (3)(a), (3)(b), (7), and (8)(d) amended, (SB 15-270), ch. 296, p. 1212, � 6, effective June 5. L. 2017: (7) amended, (HB 17-1058), ch. 18, p. 59, � 6, effective March 8.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1403
24-30-1403. Professional services - listings - preliminary selections. (1) Any person desiring to provide professional services to a state agency or a state institution of higher education shall annually submit to the office of the state architect a statement of qualifications and performance data and such other information as may be required by the office. The office may request such person to update such statement before the anniversary date in order to reflect changed conditions in the status of such person.
(2) (a) For each proposed project for which professional services are required
and where the fee for such professional services is estimated to equal or exceed twenty-five thousand dollars, the principal representative of the state agency or state institution of higher education for which the project is to be done shall evaluate current statements of qualifications and performance data on file with the office of the state architect and shall conduct discussions with no less than three persons regarding their qualifications, approaches to the project, abilities to furnish the required professional services, anticipated design concepts, and use of alternative methods of approach for furnishing the required professional services. The principal representative shall then select, in order of preference, no less than three persons ranked in order and deemed to be most highly qualified to perform the required professional services after considering, and based upon, such factors as the ability of professional personnel, past performance, willingness to meet time and budget requirements, location, current and projected work loads, the volume of work previously awarded to the person by the state agency or state institution of higher education, and the extent to which said persons have and will involve minority subcontractors, with the object of effecting an equitable distribution of contracts among qualified persons as long as such distribution does not violate the principle of selection of the most highly qualified person. In selection pursuant to this section, Colorado firms shall be given preference when qualifications appear to be equal. All selections are subject to approval by the principal representative, and all contracts between the principal representative and such selected professionals shall be consistent with appropriation and legislative intent.
(b) The requirements of paragraph (a) of this subsection (2) shall not apply to
the state board of land commissioners, established in article 1 of title 36, C.R.S., in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, C.R.S., or the commercial real property operating fund created in section 36-1-153.7, C.R.S.
Source: L. 79: Entire part added, p. 891, � 1, effective July 1. L. 90: (2)
amended, p. 1190, � 7, effective April 18. L. 2009: (2) amended, (SB 09-022), ch. 246, p. 1111, � 5, effective May 14. L. 2013: (2)(b) amended, (HB 13-1274), ch. 376, p. 2217, � 7, effective June 5. L. 2014: (1) and (2)(a) amended, (HB 14-1387), ch. 378, p. 1838, � 38, effective June 6. L. 2015: (1) and (2)(a) amended, (SB 15-270), ch. 296, p. 1218, � 17, effective June 5.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1404
24-30-1404. Contracts - definition. (1) The principal representative shall negotiate a contract with the highest qualified person providing professional services for such services at compensation which the principal representative determines in writing to be fair and reasonable. In making such decision, the principal representative shall take into account the estimated value of the services to be rendered and the scope, complexity, and professional nature thereof. For all lump-sum or cost-plus-a-fixed-fee professional service contracts, the principal representative shall require the firm receiving the award to execute a certificate stating that wage rates and other factual unit costs supporting the compensation to be paid by the state agency or state institution of higher education for the professional services are accurate, complete, and current at the time of contracting. Any professional service contract under which such a certificate is required shall contain a provision that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the principal representative determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of the contract.
(2) If the principal representative is unable to negotiate a satisfactory
contract with the person considered to be the most qualified at a price the principal representative determines to be fair and reasonable, negotiations with that person shall be formally terminated. The principal representative shall then undertake negotiations with the second most qualified person. If the principal representative fails to negotiate a contract with the second most qualified person, the principal representative shall formally terminate such negotiations. The principal representative shall then undertake negotiations with the third most qualified person.
(3) Upon completion of negotiations with the third most qualified person, the
principal representative shall be allowed to enter into renegotiations with any or all of the three most qualified persons to arrive at a satisfactory contractual arrangement, if possible. The principal representative shall have the authority to reject all bids and restructure or redesign the proposed project.
(4) Each contract for professional services entered into by the principal
representative shall contain a prohibition against contingent fees as follows: The architect, or professional land surveyor, or professional engineer, or landscape architect, as applicable, warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for him, to solicit or secure this contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this contract.
(5) Upon any violation of this section, the principal representative shall have
the right to terminate the contract without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, or consideration.
(6) Nothing in this part 14 shall be construed to prohibit continuing contracts
between state agencies or state institutions of higher education and persons providing professional services. All selections, contracts, and negotiations undertaken pursuant to this part 14 and all processes and procedures in connection with such matters shall be in conformity with this part 14.
(7) (a) Except as provided in subsections (7)(b), (7)(c), (7)(e), and (7)(f) of this
section, any professional services contract entered into pursuant to this part 14 must be executed and encumbered within six months after the date on which the appropriation that includes the project for which the professional services are required becomes law or on or before November 1 of the state fiscal year for which the appropriation that includes the project for which the professional services are required is authorized, whichever is later. If no professional services contract is required for a particular project, the contract with the contractor for the project must be entered into within six months after the appropriation or on or before November 1 of the state fiscal year for which the appropriation is authorized, whichever is later. If a state agency or state institution of higher education determines that the nature of a particular project is such that the deadlines imposed by this section cannot be met, the state agency or state institution of higher education may request the capital development committee to recommend to the controller that the deadline be extended for that project; except that for fee title acquisitions by the division of parks and wildlife in the department of natural resources, the deadline may be waived. The controller, in consultation with the capital development committee, may grant an extension of the deadlines or a waiver, if applicable. An extension that is recommended or granted pursuant to this subsection (7)(a) shall not exceed six months.
(b) (I) This subsection (7) does not affect any priority established pursuant to
section 44-40-111 (11) in the general appropriation act for expenditures for projects to be financed from net lottery proceeds appropriated for capital construction.
(II) For projects funded with net lottery proceeds, any professional services
contract must be executed and encumbered and any contract with the contractor must be entered into within six months of when an agency receives a distribution from such proceeds for a particular project.
(c) This subsection (7) does not apply to:
(I) Maintenance, repair, and improvement projects included in the capital
construction section of the general appropriation act or in any supplemental appropriation act for the division of parks and wildlife in the department of natural resources;
(II) The acquisition of any easement by the division of parks and wildlife in
the department of natural resources;
(III) Grants for off-highway vehicle trail purposes made pursuant to section
33-14.5-106, C.R.S.;
(IV) Projects included in the capital construction section of the general
appropriation act for the hazardous materials and waste management division in the department of public health and environment, or in any supplemental appropriation act, which projects are listed as remediation pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended, brownfields redevelopment, or natural resource damage repair, replacement, or restoration.
(V) Projects under the supervision of the department of transportation;
(VI) A capital construction project at a state institution of higher education
that is to be constructed solely with cash funds held by the institution, federal funds made available for the project, or a combination of both;
(VII) The state board of land commissioners, established in article 1 of title
36, in connection with contract expenditures from the state board of land commissioners investment and development fund created in section 36-1-153, or the commercial real property operating fund created in section 36-1-153.7; or
(VIII) Information technology projects that are overseen by the joint
technology committee pursuant to part 17 of article 3 of title 2. As used in this subsection (7)(c)(VIII), information technology has the same meaning as set forth in section 2-3-1701 (7).
(d) The provisions of this subsection (7) shall not be construed to limit the
authority of any state agency or state institution of higher education to amend a contract in order to provide for technical corrections, provision of unanticipated work, extensions of performance periods, or other modifications which are necessary to secure satisfactory completion of the work and provision of goods and services within the scope of the original contract.
(e) In the event that the governor restricts or delays the expenditure of
money for a project for which a professional services contract is required pursuant to the authority granted to the governor in section 24-75-201.5 (2), the deadlines imposed in subsection (7)(a) of this section for the projects are tolled until such time as the restriction or delay is no longer in effect, at which time the professional services contract must be executed and encumbered and any contract with the contractor must be entered into within six months.
(f) In the event that an appropriation is made to a state agency or state
institution of higher education for allocation to other state agencies or state institutions of higher education, the deadline to execute and encumber a contract by the agency or institution receiving the allocation is six months from the date of the allocation by the agency or institution that received the original appropriation. Nothing in this subsection (7)(f) is construed to extend the duration of any appropriation.
(g) and (h) Repealed.
Source: L. 79: Entire part added, p. 892, � 1, effective July 1. L. 81: (3) R&RE, p.
1165, � 1, effective January 1, 1982. L. 84: (4) amended, p. 1121, � 23, effective June 7. L. 89: (7) added, p. 1027, � 3, effective April 27. L. 90: (7) amended, p. 1192, � 1, effective April 12. L. 91: (7)(a) amended and (7)(e) added, p. 804, � 1, effective July 1; (7)(a) amended, p. 1059, � 18, effective July 1. L. 95: (7)(a) amended and (7)(f) added, p. 164, � 1, effective April 7. L. 2007: (7)(a) and (7)(c) amended, p. 494, � 1, effective August 3. L. 2008: (7)(c)(II) amended and (7)(c)(IV) added, p. 176, � 14, effective March 24; (7)(a) amended and (7)(g) added, p. 261, � 82, effective March 31. L. 2009: (7)(g) amended, (SB 09-096), ch. 60, p. 217, � 1, effective March 25; (7)(g) amended, (SB 09-022), ch. 246, p. 1112, � 6, effective May 14. L. 2010: (7)(c)(IV) amended, (HB 10-1422), ch. 419, p. 2083, � 62, effective August 11. L. 2012: (7)(g)(I) amended, (HB 12-1081), ch. 210, p. 903, � 5, effective August 8. L. 2013: (7)(g)(II) amended, (HB 13-1274), ch. 376, p. 2217, � 8, effective June 5. L. 2014: (1), (6), (7)(a), (7)(d), (7)(f), and (7)(g)(I) amended, (HB 14-1387), ch. 378, p. 1839, � 39, effective June 6. L. 2016: (7)(a) amended and (7)(h) added, (HB 16-1043), ch. 29, p. 66, � 1, effective August 10. L. 2018: (7)(a) amended, (HB 18-1027), ch. 31, p. 364, � 12, effective October 1. L. 2022: (7)(h) amended, (SB 22-113), ch. 463, p. 3294, � 8, effective August 10. L. 2025: (7)(a), (7)(b), IP(7)(c), (7)(e), and (7)(f) amended, (7)(c)(V), (7)(c)(VI), (7)(c)(VII), and (7)(c)(VIII) added, and (7)(g) and (7)(h) repealed, (HB 25-1313), ch. 405, p. 2311, � 5, effective August 6. L. 2025, 1st Ex. Sess.: (7)(e) amended, (SB 25B-001), ch. 11, p. 70, � 3, effective August 28.
Editor's note: (1) Amendments to subsection (7)(a) by Senate Bill 91-17 and
House Bill 91-1198 were harmonized.
(2) Amendments to subsection (7)(g) by Senate Bill 09-022 and Senate Bill
09-096 were harmonized.
(3) Section 4 of chapter 11 (SB 25B-001), Session Laws of Colorado 2025,
First Extraordinary Session, provides that the act changing this section applies to revenue estimates and interim revenue estimates presented, and executive orders issued, on or after August 28, 2025.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-2001
24-30-2001. Definitions. As used in this part 20, unless the context otherwise requires:
(1) Energy cost-savings contract means a utility cost-savings contract or a
vehicle fleet operational and fuel cost-savings contract.
(1.3) Energy cost-savings measure means a utility cost-savings measure or
a vehicle fleet operational and fuel cost-savings measure.
(1.5) Energy performance contract means a contract for evaluations,
recommendations, or implementation of one or more energy cost-savings measures designed to produce utility cost savings, operation and maintenance cost savings, or vehicle fleet operational and fuel cost savings, which contract:
(a) Sets forth savings attributable to the calculated energy cost savings or
operation and maintenance cost savings for each year during the contract period;
(b) Provides that the amount of actual savings for each year during the
contract period shall exceed annual contract payments, including maintenance costs, to be made during such year by the state agency contracting for the energy cost-savings measures; except that, for the purposes of this part 20 only, the term annual contract payments does not include moneys received by the state from rebates, gifts, grants, or donations specifically designated by the gifting, granting, or donating party for the design or implementation of an energy cost-savings measure or state moneys that have been specifically appropriated in a distinct line item, or, in the case of the department of transportation, otherwise set aside in the department's budget, for the design or implementation of an energy cost-savings measure that is wholly addressed within the scope of the energy cost-savings contract;
(c) Requires the party entering into the energy performance contract with
the state agency to provide a written guarantee that the sum of energy cost savings and operation and maintenance cost savings for each year during the first three years of the contract period shall not be less than the calculated savings for that year described in paragraph (a) of this subsection (1.5); and
(d) Requires payments by a state agency to be made within twelve years
after the date of the execution of the contract; except that the maximum term of the payments shall be less than the cost-weighted average useful life of energy cost-savings equipment for which the contract is made, not to exceed twenty-five years.
(2) Operation and maintenance cost savings means a measurable decrease
in operation and maintenance costs that is a direct result of the implementation of one or more utility cost-savings measures or one or more vehicle fleet operational and fuel cost-savings measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs.
(3) Shared-savings contract means a contract for one or more energy cost-savings measures that do not involve capital equipment projects, which contract:
(a) Provides that all payments to be made by the state agency contracting
for the energy cost-savings measures shall be a stated percentage of calculated savings of energy costs attributable to such measures over a defined period of time and that such payments shall be made only to the extent that such savings occur; except that this paragraph (a) shall not apply to payments for maintenance and repairs and obligations on termination of the contract prior to its expiration;
(b) Provides for an initial contract period of no longer than ten years; and
(c) Requires no additional capital investment or contribution of funds.
(4) State agency means a department or institution of this state, including
institutions of higher education.
(5) Utility cost savings means:
(a) A cost savings caused by a reduction in metered or measured physical
quantities of a bulk fuel or utility resulting from the implementation of one or more energy conservation measures when compared with an established baseline of usage; or
(b) A decrease in utility costs as a result of changes in applicable utility rates
or utility service suppliers. The savings shall be calculated in comparison with an established baseline of utility costs.
(6) Utility cost-savings contract means an energy performance contract or
a shared-savings contract or any other agreement in which utility cost savings are used to pay for services or equipment.
(7) Utility cost-savings measure means any installation, modification, or
service that is designed to reduce energy consumption and related operating costs in buildings and other facilities and includes, but is not limited to, the following:
(a) Insulation in walls, roofs, floors, and foundations and in heating and
cooling distribution systems;
(b) Heating, ventilating, or air conditioning and distribution system
modifications or replacements in buildings or central plants;
(c) Automatic energy control systems;
(d) Replacement or modification of lighting fixtures;
(e) Energy recovery systems;
(f) Renewable energy and alternate energy systems;
(g) Cogeneration systems that produce steam or forms of energy, such as
heat or electricity, for use primarily within a building or complex of buildings;
(h) Devices that reduce water consumption or sewer charges;
(i) Changes in operation and maintenance practices;
(j) Procurement of low-cost energy supplies of all types, including
electricity, natural gas, and other fuel sources, and water;
(k) Indoor air quality improvements that conform to applicable building code
requirements;
(l) Daylighting systems;
(m) Building operation programs that reduce utility and operating costs
including, but not limited to, computerized energy management and consumption tracking programs, staff and occupant training, and other similar activities;
(n) Services to reduce utility costs by identifying utility errors and optimizing
existing rate schedules under which service is provided; and
(o) Any other location, orientation, or design choice related to, or installation,
modification of installation, or remodeling of, building infrastructure improvements that produce utility or operational cost savings for their appointed functions in compliance with applicable state and local building codes.
(8) Vehicle fleet operational and fuel cost savings means a measurable
decrease in the operation and maintenance costs of state vehicles that is associated with fuel or maintenance based on higher efficiency ratings or alternative fueling methods, including but not limited to savings from the reduction in maintenance requirements and a reduction in or the elimination of projected fuel purchase expenses as a direct result of investment in higher efficiency or alternative fuel vehicles or vehicle or charging infrastructure.
(9) Vehicle fleet operational and fuel cost-savings contract means an
energy performance contract or shared-savings contract or any other agreement in which vehicle fleet operational and fuel cost savings are used to pay for the cost of the vehicle or associated capital investments.
(10) Vehicle fleet operational and fuel cost-savings measure means any
installation, modification, or service that is designed to reduce energy consumption and related operating costs in vehicles and includes, but is not limited to, the following:
(a) Vehicle purchase or lease costs either in full or in part;
(b) Charging or fueling infrastructure to appropriately charge or fuel
alternative fuel vehicles included in an energy cost-savings contract.
Source: L. 2001: Entire part added, p. 1088, � 1, effective August 8. L. 2010:
(1)(b) and (7)(o) amended, (SB 10-207), ch. 410, p. 2027, � 2, effective June 10. L. 2013: (1), (2), IP(3), and (3)(a) amended and (1.3), (1.5), (8), (9), and (10) added, (SB 13-254), ch. 403, p. 2358, � 1, effective June 5.
C.R.S. § 24-30-202
24-30-202. Procedures - vouchers, warrants, and checks - rules - penalties - definitions - repeal. (1) No disbursements shall be made in payment of any liability incurred on behalf of the state, other than from petty cash or by any alternative means of payment approved by fiscal rule promulgated by the controller, unless there has been previously filed with the office of the state controller a commitment voucher. The commitment voucher may be in the form of an advice of employment, a purchase order, a copy of a contract, or a travel authorization or in other form appropriate to the type of transaction as prescribed by the controller. Any state contract involving the payment of money by the state shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the controller or such assistant as he or she may designate; except that a state contract for a major information technology project as defined in section 24-37.5-102 (19) shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the chief information officer or the chief information officer's designee. Such contracts entered into on or after July 1, 1997, shall also contain a clause notifying the other party to the contract of the controller's authority to withhold debts owed to state agencies under the vendor offset intercept system pursuant to section 24-30-202.4 (3.5)(a)(I) and the types of debts that are subject to withholding under said system. The form and content of and procedures for filing such vouchers shall be prescribed by the fiscal rules promulgated by the controller.
(2) The controller, or such assistant as he may designate, shall examine each
commitment voucher to ascertain whether or not the proposed expenditure is authorized by the appropriation and allotment to which it is proposed to be charged, whether or not the prices or rates are in accordance with law or administrative rules or are fair and reasonable and whether or not the amount of the expenditure exceeds the unencumbered balance of the allotment. The controller or his designated assistant shall record his approval or disapproval either on the face of each voucher or by electronically entering such approval or disapproval in the state computer-based accounting system. The head of the state department, institution, or other agency involved shall be notified of any proposed expenditures that are disallowed.
(3) In no event shall the head of any state department, institution, or other
agency or the controller, either by himself or through any assistant designated by him, approve any commitment voucher involving expenditure of any sum in excess of the unencumbered balance of the appropriation to which the resulting disbursement would be charged. No person shall incur or order or vote for the incurrence of any obligation against the state in excess of or for any expenditure not authorized by appropriation and approved commitment voucher except as expressly authorized by this section. Any such obligation so raised in contravention of this section shall not be binding against the state but shall be null and void ab initio and incapable of ratification by any administrative authority of the state to give effect thereto against the state. But every person incurring or ordering or voting for the incurrence of such obligation and his surety shall be jointly and severally liable therefor.
(4) The controller is hereby authorized to grant special authority for any
department, institution, or other agency, during any fiscal year, to make specific purchases of supplies or materials to be used in the next ensuing fiscal year or to enter into contracts in anticipation of appropriations already made or to be made for the next ensuing fiscal year for any purpose authorized by any existing law, including contracts by the department of transportation for state highway reconstruction, repair, maintenance, and capacity expansion projects to be funded by the revenues appropriated out of the capital construction fund under section 24-75-302 (2), but in no case for any amount exceeding that necessary to meet the requirements for the first quarter of the next fiscal year. No such purchase order shall be issued nor contract entered into unless such purchase order or contract has been approved and countersigned by the controller or the controller's authorized agent, whose duty it shall be to see that the special authority so granted is not exceeded; except that this restriction shall not apply to contracts for capital outlay projects for which appropriations have been provided for obligations to be incurred in two or more fiscal years. Payments made at the close of a fiscal year under such authority shall be treated as deferred charges to the appropriations and expenses of the next ensuing fiscal year until the beginning of such year.
(4.3) (a) The controller may retroactively adjust encumbrances against
appropriations for contracts and grants authorized pursuant to the authority to spend money from the American Rescue Plan Act of 2021 cash fund, created in section 24-75-226 (4)(a)(II), if the funding source for the contract or grant is subsequently refinanced. Any retroactive contract or grant encumbrance adjustments between funding sources authorized in this section are not permitted to increase the total encumbrance.
(b) This subsection (4.3) is repealed, effective July 1, 2027.
(5) (a) No money of the state or for which the state is responsible shall be
withdrawn from the treasury or otherwise disbursed for any purpose except to pay obligations under expenditures authorized by appropriation and allotment and not in excess of the amount so authorized. Each such expenditure shall have been authorized by the head of the department, institution, or other agency by or for which the expenditure was made. Such authorization shall contain the manual or facsimile signature of the head of the department, institution, or agency or any assistant designated by him. The controller, or his authorized agent, shall have approved a commitment voucher therefor, and a claim on a prescribed form shall have been submitted to and approved by the controller or his agent. The provisions of this section shall not be construed to apply to withdrawals of funds from any state depository bank for immediate redeposit in any other state depository bank or for investment.
(b) If a state department, institution, or agency enters into a contract to
purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the contract must contain a contingency clause that requires the state to secure an appraisal of the subject real property or interest therein prior to closing by an independent appraiser licensed in the state of Colorado to substantiate the purchase price and that makes the closing of the purchase contingent on the approval of the contract by the state controller. When the state department, institution, or agency entering into the contract receives the appraisal, the state department, institution, or agency shall provide a copy of the appraisal to the state controller. This subsection (5)(b) shall not apply to the acquisition of property by the department of transportation for the construction, maintenance, or supervision of the public highways of this state, nor shall it apply to any additional financed purchase of an asset or certificate of participation agreement entered into pursuant to the master lease program authorized by part 7 of article 82 of this title 24.
(c) (I) If a state department, institution, or agency enters into an option to
purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the appraisal requirement described in paragraph (b) of this subsection (5) must occur prior to closing on the purchase of the real property or interest therein.
(II) Prior to a state department, institution, or agency entering into an option
to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the state department, institution, or agency shall obtain a written broker opinion of value completed by an independent broker licensed in the state of Colorado or an appraisal by an independent appraiser licensed in the state of Colorado of the subject property in order to complete a thorough analysis of the property or interests therein being considered. The opinion of value or the appraisal must be forwarded to the state controller prior to the state controller approving the option to purchase contract.
(5.5) Any commitment voucher that provides that the financial obligations of
the state in subsequent fiscal years are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available shall not be deemed to create any state multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of section 20 (4)(b) of article X of the state constitution. If a financed purchase of an asset or certificate of participation agreement is subject to the requirement of specific authorization by the general assembly under part 8 of article 82 of this title 24, such committees shall make a recommendation to the general assembly concerning whether to authorize the financed purchase of an asset or certificate of participation agreement. The department of personnel and the Colorado commission on higher education shall maintain comparative data which will assist in determining the relative costs to the state, over the entire term of the arrangement, of financing the purchase or lease of property through pay-as-you-go methods, certificates of participation, or other arrangements.
(6) The controller shall prescribe the form of warrants and checks to be
drawn upon the state treasurer. All warrants and checks for approved expenditures and claims shall be drawn and issued under direction of the controller or his or her authorized agent and transmitted to the department of the treasury to be recorded.
(7) Each warrant and check drawn and issued shall be signed by the
controller and countersigned by the state treasurer. Facsimiles of such signature and countersignature may be affixed by a mechanical device. The signature of the controller on a warrant or check, however affixed, shall constitute full and complete authority to the state treasurer to pay the amount thereof upon presentation to him or her.
(8) Each warrant or check drawn and issued shall bear a notation clearly
printed in a prominent position upon its face stating that it shall be void after six months from its date of issue. Upon satisfactory proof furnished of loss or destruction, during said six-month period, of any warrant or check drawn and issued in payment of an approved expenditure or claim, the controller shall cause a duplicate of such lost or destroyed warrant or check to be drawn and issued in favor of the original payee or his or her assignee, as the case may be. The issuing state agency shall thereupon void said original warrant or check, and, if it thereafter is presented for payment, the state treasurer shall refuse payment thereof.
(8.5) Any other provision of law to the contrary notwithstanding, the
controller may, after adequate notification to the state treasurer, make payment by means of an electronic fund transfer. Payment by electronic fund transfer shall be in lieu of payment by state warrant or check and shall discharge the controller's obligation with respect to payment. Any unauthorized use of the electronic fund transfer capability shall be reported to the controller within twenty-four hours after occurrence or disclosure becomes known. Immediately upon discovery of unauthorized use, measures that will prevent further unauthorized use shall be implemented.
(9) (a) Every warrant and check drawn and issued that has not been
presented to the state treasurer for payment and remains unpaid shall be canceled pursuant to fiscal rules promulgated by the state controller and transferred to the unclaimed property trust fund created in section 38-13-801 (1)(a); except that the amount of any warrant or check drawn on the wildlife cash fund created in section 33-1-112 (1), other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application, shall be credited to that fund and the amount of any warrant or check representing money received by the federal government shall be processed in accordance with federal program guidelines for disposition of those moneys.
(b) If at any time thereafter application is made to the controller for
reissuance of any warrant or check that has been canceled and expunged from the records and it appears that the expenditure or claim that the canceled warrant or check represented is still valid and unpaid, the controller shall issue a new warrant or check, and the amount thereof shall be charged to the fund or account to which the amount of the canceled warrant or check was previously credited.
(c) In the event of any conflict between this subsection (9) and any provision
of the Revised Uniform Unclaimed Property Act, article 13 of title 38, the provisions of the Revised Uniform Unclaimed Property Act shall control; except that this subsection (9) shall control with regard to:
(I) A tax warrant or check;
(II) Repealed.
(III) That portion of a warrant or check representing moneys received from
the federal government;
(IV) A warrant or check drawn on the wildlife cash fund created in section
33-1-112 (1), C.R.S., other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application.
(d) Notwithstanding any provision of this subsection (9) to the contrary, the
provisions of this subsection (9) shall not apply to any warrant or check drawn by an institution of higher education or by the Auraria higher education center that is exempt from the state fiscal rules pursuant to paragraph (b) of subsection (13) of this section.
(10) The attorney general shall be the legal adviser of the controller and to
the attorney general shall be referred any question concerning the legality of any obligation by or claim against the state.
(11) It is the duty of the controller to keep up to date a detailed list of all
sources from which moneys accrue to the state, classified according to the departments, institutions, and other agencies responsible for the collection of the moneys, showing for each of the several units: The several kinds of taxes, fees, and other charges collected or to be collected; the name of the person responsible for collecting public moneys from each such source; and the name of the employee actually engaged in collecting, handling, and depositing such moneys. The controller has the power, and it is his duty with respect to each state tax, to prescribe or approve such accounts and procedures as will provide adequate accounting and current internal audit control of unpaid taxes and other charges and the proceeds of collections and as will furnish the information required for the maintenance of the general accounts of the state. The controller has the power and it is his duty to prescribe the forms to be used by the several units for licenses, permits, and certificates for which fees are prescribed by law and to establish controls of the supplies of such forms.
(12) The controller shall prescribe and cause to be installed a unified and
integrated system of accounts for the state. Except as otherwise provided in sections 24-75-201 (2) and 25.5-4-201, C.R.S., such system shall be based upon the accrual system of accounting, as enunciated by the governmental accounting standards board, which shall include:
(a) A set of budgetary control accounts for each fund, which shall be
maintained pursuant to the accounts and control functions of the department of personnel;
(b) A set of general controlling proprietary and operating accounts for each
fund, which shall be maintained pursuant to the accounts and control functions of the department of personnel, recording the transactions of the fund in summary form and showing the actual current assets, prepaid expenses, current liabilities, deferred credits to income, reserves, actual income, actual expenditures, and current surplus or deficit as the case may be;
(c) A uniform classification of the sources of revenue and nonrevenue
receipts, which shall be observed by all the departments, institutions, and other agencies;
(d) A standard classification of the departments, institutions, and other
agencies and their principal functions, by major functions of government;
(e) A standard classification of expenditures by activities;
(f) A unified classification of ordinary recurring expenses, extraordinary
expenses, and capital outlays, respectively, by the kinds of commodities and services involved, which shall be observed in reporting expenditures, in preparing budget estimates, and in allotting appropriations.
(13) (a) The controller shall promulgate fiscal rules to carry out the functions
assigned and the procedures prescribed by this section. Such rules relating to the forms, records, and procedures involved in financial administration shall be binding upon the several departments, institutions, including institutions of higher education except as otherwise provided in paragraph (b) of this subsection (13), and other agencies of the state and upon their several officers and employees.
(b) It is the intent of the general assembly that fiscal rules promulgated by
the controller shall be applicable to any institution of higher education; except that the governing board of an institution of higher education that has adopted fiscal procedures and has determined that the fiscal procedures provide adequate safeguards for the proper expenditure of the moneys of the institution may elect to exempt the institution from the fiscal rules promulgated by the controller pursuant to this subsection (13), including any procedures or forms required by law to be promulgated by the controller and any review or approval required to be performed by the controller, and shall not be required to comply with rules promulgated pursuant to this subsection (13) or with the provisions of subsection (1), (5)(b), (20.1), (22), or (26) of this section. The provisions of this paragraph (b) shall also apply to the board of directors of the Auraria higher education center with regard to the expenditure of moneys of the auraria higher education center.
(c) Repealed.
(d) An institution of higher education, including the auraria higher education
center, that is exempt from the state fiscal rules pursuant to paragraph (b) of this subsection (13) shall continue to provide to the controller such information as is necessary to enable the controller to meet the obligations set forth in subsection (11) of this section and sections 24-17-102 and 24-30-204; except that an institution of higher education shall be required to provide only such data and reports as are readily accessible to the institution or presently generated by the institution.
(14) If the controller or any other state employee knowingly draws or issues
any warrant or check upon the state treasurer not authorized by law, he or she commits a class 2 misdemeanor.
(15) Any person holding the office of state treasurer or controller or any
other state officer or employee who, directly or indirectly, receives from any person, body of persons, association, or corporation, for himself or herself or otherwise than in behalf of the state, any reward, compensation, or profit, either in money or other property or thing of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money or other property belonging to the state or in the consideration of the approval or payment of any claim against the state or any other agreement or arrangement touching the use of such money or uses or knowingly permits the use of any such money for any purposes not authorized by law commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(16) Any person who, directly or indirectly, pays or gives to anyone holding
the office of state treasurer or controller or to any other state officer or employee or other person any reward or compensation, either in money or other property or things of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money belonging to the state or for which the state is responsible or in consideration of the approval or payment of any claim against the state or of any other agreement or arrangement touching the use of such money commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(17) Any state officer or employee who willfully neglects or refuses to
perform the officer's or employee's duty as prescribed in this section or as prescribed in the fiscal rules promulgated by the controller in conformity with this section commits a civil infraction.
(18) (a) to (e) Repealed.
(f) All state agencies are required to make and preserve records of
employees' wages and hours and other conditions and practices of employment.
(g) to (j) Repealed.
(19) If any money of the state is paid out from any appropriation or fund for
any purpose and such money, or any part thereof, is for any reason subsequently refunded to the state, the controller is authorized to order the money so refunded to be credited to the fund or appropriation from which it was originally paid.
(20) Repealed.
(20.1) The controller, or the controller's designee, is hereby authorized, upon
written request made to the controller, to allow any state department, institution, or agency to draw upon its appropriation a sum set by fiscal rule promulgated by the controller, which fiscal rule may not authorize a sum in excess of two thousand five hundred dollars, and considered appropriate for the circumstances, to be used for the payment of incidental expenses. Items of postage, express, telegrams, and other incidental expenses may be paid from such moneys. At the end of each month, or as often as is practicable, the department, institution, or agency making such incidental expenditures shall submit a voucher to the controller covering the total amount of such expenditures and shall submit a list of all such expenditures, together with proper receipts, if any, and the controller shall draw the controller's warrant or check against the proper appropriation to cover all items of expenditures that the controller approves. The controller is also authorized, upon the request of any state department, institution, or agency, to allow a reasonable advance of moneys to employees and officials for authorized travel on official state business not to exceed an amount set by fiscal rule promulgated by the controller.
(21) If, as a result of fire or other insured loss to state property, the state
receives moneys from any insurance company, the controller is authorized to deposit such moneys in an account from which he may, without regard to the provisions of part 3 of article 37 of this title and without further legislative action, reimburse contractors for repair, replacement, or reconstruction of state properties damaged or destroyed under a contract executed in accordance with state contracting laws and procedures in effect at the time of the execution of the contract. If the amount of insurance recovery exceeds the actual cost of such repair, replacement, or reconstruction, any balance remaining in said account after payment of actual costs shall revert to the general fund. With respect to the loss or damage to state property which is not insured or the loss or damage to state property which is insured but the insurance does not fully cover the loss or damage, the controller may, with the approval of the governor, without further legislative action, reimburse contractors for the repair, replacement, or reconstruction of such state property up to a maximum amount of one hundred thousand dollars; except that the controller is not authorized to provide for reimbursement for repair, replacement, or reconstruction of state property if the state is self-insured for loss or damage to state property.
(22) The controller shall make uniform and equitable fiscal rules controlling
the types of perquisites which may be allowed state employees in the executive branch of government in addition to their regular salaries. Such rules shall include the eligibility of employees to receive such perquisites, the charges to be made for such perquisites, and the method of payment of such charges to the state. Before such rules become effective, they shall be approved by the governor. No employee shall have authority to grant to himself or herself or to any other employee under his or her supervision any perquisite, nor shall any employee receive any perquisite without full payment therefor, except as provided for by statute or by the rules of the controller as authorized in this section. Charges prescribed by such rules shall be reviewed annually by the controller.
(23) Repealed.
(24) (a) The controller shall promulgate fiscal rules requiring that
disbursements made in the payment of any liability incurred on behalf of the executive branch of this state be made within forty-five days after such liability was incurred or shall pay interest from the forty-fifth day at a rate of one percent per month on the unpaid balance until the account is paid in full.
(b) As used in subsection (24)(a) of this section, liability incurred on behalf
of the state means the receipt of supplies, as defined in section 24-101-301 (47), or services, as defined in section 24-101-301 (42), and receipt of a correct notice of the amount due, by the state agency procuring such supplies or services from a nongovernmental entity. No liability is incurred on behalf of the state if a good faith dispute exists as to the state's obligation to pay all or a portion of the account. Nothing in this subsection (24) shall be construed to affect any provision for the time of payment in a written contract between a state agency procuring services or supplies and a nongovernmental entity.
(25) (a) (Deleted by amendment, L. 2005, p. 278, � 9, effective August 8,
2005.)
(b) On July 1, 1985, the controller shall, by fiscal rule, provide for the
assessment of a reasonable monetary penalty based on cost against any person who issues a check returned for insufficient funds to any state department, institution, or agency in payment of fees, fines, or other moneys due the state.
(c) For the purposes of this subsection (25), insufficient funds means not
having a sufficient balance in account with a bank or other drawee for the payment of a check when presented for payment within thirty days after issue.
(d) The penalty provided for in this subsection (25) shall be assessed in
addition to any other penalties provided by law except for the penalty provided in section 24-35-114 relating to checks issued to the department of revenue.
(26) The controller shall promulgate equitable fiscal rules concerning travel
policies applicable to state employees, including methods of transportation, travel advances, reimbursements, travel allowances, use of travel agents, and use of state or privately owned vehicles, and may promulgate such rules for the implementation of a state travel policy as he deems necessary to assure fair and reasonable expenditures.
(27) To avoid the imposition of duplicative or excessively burdensome or
numerous reporting requirements upon state-supported institutions of higher education and to encourage the promulgation of reporting rules that, to the extent possible, require such institutions to provide only data and reports readily accessible to or presently generated by such institutions, the controller shall consult with the Colorado commission on higher education before adopting, amending, or repealing rules affecting or creating reporting requirements applicable to such institutions.
(28) (a) As used in this subsection (28):
(I) (A) Charitable food organization means a charitable organization,
including a faith-based organization, exempt from federal taxation under the provisions of the federal Internal Revenue Code of 1986, as amended, that distributes food directly or indirectly for hunger relief in the community.
(B) Charitable food organization includes a school food authority as
defined in section 22-32-120 (8).
(II) State agricultural products means agricultural products produced in
the state in accordance with section 24-103-907 (3)(a).
(b) The controller shall promulgate fiscal rules to clarify that state agencies
may, under review of the state controller, provide for advance payment for the purchase of state agricultural products by a charitable food organization using state grant money, and may include, as the controller deems necessary, rules for the implementation of the advance payment policy including proper accounting, compliance with industry standards, and determination that the advance payment provides a benefit to the state at least equal to the cost and risk of the advance payment.
Source: L. 47: p. 224, � 3. CSA: C. 3, � 12(1). L. 49: pp. 199, 200, 683, �� 1, 1, 4.
CRS 53: � 3-3-2. L. 57: pp. 120, 121, �� 1, 1. L. 61: pp. 130-132, �� 1, 1, 1. L. 63: pp. 125, 230, �� 1, 2. C.R.S. 1963: � 3-3-2. L. 65: p. 142, � 1. L. 69: pp. 74, 75, �� 1, 1. L. 70: p. 107, � 4. L. 71: pp. 85, 87, 89, 91, �� 1, 1, 1, 1. L. 72: p. 576, � 1. L. 73: p. 168, � 1. L. 75: (23) added, p. 801, � 1, effective July 1. L. 76: (20) amended, p. 610, � 1, effective April 16; (21) amended, p. 305, � 43, effective May 20. L. 77: (5)(a) amended, p. 1170, � 1, effective May 27; (18) R&RE, p. 1171, � 1, effective July 1; (15) and (16) amended, p. 879, � 52, effective July 1, 1979. L. 80: (13) amended, p. 570, � 2, effective March 17. L. 83: (20) amended and (13)(c), (20.1), and (24) added, pp. 858, 859, 860, 882, �� 2, 4, 5, 1, effective July 1. L. 84: (25) added and (18)(j) and (20) amended, pp. 675, 677, �� 1, 2, effective July 1. L. 85: (26) added, p. 875, � 11, effective June 6. L. 86: (18)(a), (18)(e), and (18)(h) amended and (18)(j) repealed, pp. 889, 890, �� 1, 3, effective April 13. L. 86, 2nd Ex. Sess.: (21) amended, p. 68, � 14, effective August 25. L. 87: (20.1) amended, pp. 934, 1118, �� 1, 2, effective April 22. L. 88: (3) amended, p. 912, � 2, effective March 18; (21) amended, p. 1431, � 11, effective June 11. L. 89: (15) and (16) amended, p. 844, � 111, effective July 1. L. 90: (26) amended, p. 1307, � 1, effective July 1. L. 91: (2) amended and (8.5) added, p. 881, � 1, effective March 12; (5)(b) amended, p. 1058, � 14, effective July 1. L. 92: IP(12) amended, p. 1080, � 1, effective March 14; (18)(h) repealed, p. 1056, � 1, effective May 21. L. 93: (5.5) added, p. 2031, � 1, effective June 9; (18)(a) to (18)(e), (18)(g), and (18)(i) repealed, p. 35, � 1, effective July 1. L. 95: (5.5) amended, p. 641, � 35, effective July 1; (9)(c) added, p. 522, � 1, effective July 1; (27) added, p. 40, � 3, effective January 1, 1996. L. 96: (18)(f) amended and (23) repealed, p. 1495, �� 3, 4, effective June 1; (10), (12)(a), and (12)(b) amended, p. 1517, � 50, effective June 3; (4) amended, p. 1869, � 3, effective June 6. L. 97: (20.1) amended, p. 49, � 1, effective March 21; (1) amended, p. 941, � 1, effective July 1. L. 98: IP(12) amended, p. 849, � 4, effective May 26. L. 99: (5.5) and (26) amended, p. 688, � 8, effective August 4. L. 2001: (1) amended, p. 114, � 1, effective August 8. L. 2002: (15) and (16) amended, p. 1531, � 244, effective October 1. L. 2003: IP(12) amended, p. 14, � 1, effective March 5; (8) amended, p. 557, � 1, effective August 6; (9)(c)(II) repealed, p. 721, � 2, effective August 6. L. 2005: (25)(a) amended, p. 278, � 9, effective August 8. L. 2006: IP(12) amended, p. 2010, � 72, effective July 1. L. 2008: (9)(a) amended and (9)(c)(IV) added, p. 1075, �� 1, 2, effective May 22. L. 2010: (1) and (20.1) amended, (HB 10-1181), ch. 351, pp. 1630, 1619, �� 26, 1, effective June 7; (9)(d) added and (13) and (22) amended, (SB 10-003), ch. 391, pp. 1849, 1848, �� 26, 25, effective June 9. L. 2013: (5)(b) amended and (5)(c) added, (HB 13-1235), ch. 375, p. 2206, � 1, effective June 5. L. 2014: (6) to (9), (14), and (20.1) amended, (HB 14-1391), ch. 328, p. 1449, � 6, effective June 5. L. 2017: (26) amended, (HB 17-1058), ch. 18, p. 58, � 2, effective March 8; (9)(a) amended, (SB 17-046), ch. 116, p. 414, � 1, effective August 9; (24)(b) amended, (HB 17-1051), ch. 99, p. 350, � 64, effective August 9. L. 2018: (1) amended, (HB 18-1421), ch. 395, p. 2354, � 1, effective June 6. L. 2019: IP(9)(c) amended, (SB 19-088), ch. 110, p. 467, � 7, effective July 1, 2020. L. 2021: (5)(b) and (5.5) amended, (HB 21-1316), ch. 352, p. 2024, � 31, effective July 1; (1) amended, (HB 21-1236), ch. 211, p. 1116, � 16, effective September 7; (14) and (17) amended, (SB 21-271), ch. 462, p. 3225, � 411, effective March 1, 2022. L. 2023: (28) added, (HB 23-1087), ch. 45, p. 170, � 1, effective August 7. L. 2024: (4.3) added, (HB 24-1466), ch. 429, p. 2934, � 7, effective June 5. L. 2025: (9)(a) amended, (SB 25-300), ch. 428, p. 2449, � 29, effective August 6.
Editor's note: (1) The effective date for amendments made to this section by
chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, � 23, L.79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
(2) Subsection (13)(c)(II) provided for the repeal of subsection (13)(c),
effective June 30, 1985, and subsection (20) provided for the repeal of subsection (20), effective June 30, 1985. (See L. 83, p. 859.)
Cross references: For the legislative declaration contained in the 1995 act
amending subsection (5.5), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration contained in the 2002 act amending subsections (15) and (16), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (9)(d) and amending subsections (13) and (22), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
C.R.S. § 24-30-202.4
24-30-202.4. Collection of debts due the state - state agency options - controller's duties - offsetting disbursements - definitions. (1) A state agency is responsible for the collection of any debt owed to it. The controller shall advise the various state agencies concerning the collection of debts due the state through the agencies, in accordance with the fiscal rules promulgated by the controller in accordance with subsection (2) of this section, to achieve the prompt collection of debts due the agencies.
(2) (a) The controller shall promulgate fiscal rules for collection of debts due
to a state agency; except that the fiscal rules do not apply to those debts under the jurisdiction of the department of revenue referred to in section 24-35-108 (1)(a). The controller shall include in the fiscal rules any requirements for a state agency to refer a debt to private counsel or a private collection agency under subsection (2)(b) of this section or to certify a debt to the department of revenue under subsection (2.5) of this section.
(b) A state agency may refer the debt to a private counsel or private
collection agency. The controller shall establish a list of private counsel or private collection agencies that a state agency may contract with for debt collection services. The controller must select the private counsel or private collection agencies included in the list of private counsel or private collection agencies through competition pursuant to the Procurement Code, articles 101 to 112 of this title 24.
(2.5) A state agency may certify the amount of a debt due to the state to the
department of revenue in order for the department to provide lottery offsets in accordance with section 24-30-202.7, and an offset of a state tax refund due the debtor under section 39-21-108 (3), and to the registry operator in order for the registry operator to provide limited gaming offsets in accordance with the Gambling Payment Intercept Act, part 6 of article 35 of this title 24.
(3) (a) (Deleted by amendment, L. 2021.)
(b) (Deleted by amendment, L. 91, p. 839, � 1, effective January 1, 1992.)
(c) The controller, with the consent of the state treasurer, is authorized to
release or compromise any debt due the state, but only in accordance with the rules applicable thereto. Such rules may provide delegated authority and criteria for release and compromise of debts and may include provisions to prohibit the referral of debts for tax offset based on the age or amounts of debts.
(d) Proceeds of debts collected by a state agency or by a private counsel or
private collection agency are accounted for and paid into the fund from which the receivable was derived, and if the fund is no longer in existence, it is paid into the general fund.
(e) Repealed.
(f) and (g) (Deleted by amendment, L. 2021.)
(3.5) (a) (I) The controller shall approve disbursements from state funds from
the state's central accounting system in accordance with section 24-30-202 (2). If there is an unpaid balance or debt owed, a state agency may direct the controller to withhold the amount of the disbursement that does not exceed the amount of:
(A) Any unpaid child support debt as set forth in section 14-14-104, or child
support arrearages that are the subject of enforcement services provided pursuant to section 26-13-106, as certified by the department of human services;
(B) Any unpaid balance of tax, accrued interest, or other charges specified in
article 21 of title 39, that is subject to offset under section 39-21-108 (3), and owing by the payee according to the records of the controller;
(C) Any unpaid debt owing to the state or any agency thereof by a payee, the
amount of which is found to be owing as a result of a final agency determination or the amount of which has been reduced to judgment;
(D) Any unpaid loan due to the student loan division of the department of
higher education as set forth in section 23-3.1-104 (1)(p), found to be owing to the division by a payee as a result of final agency determination; or
(E) Any amount required to be paid to the unemployment compensation fund
pursuant to articles 70 to 82 of title 8, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision or that has been reduced to judgment by the division of unemployment insurance in the department of labor and employment.
(II) Any money withheld for payment of child support debt or child support
arrearages pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the department of human services. For all names and amounts certified by the department of human services pursuant to section 26-13-111, the controller shall provide to the department of human services the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(II) and any other identifying information as required by the department of human services.
(III) Any money withheld for payment of an unpaid balance of tax, interest, or
other charges specified in subsection (3.5)(a)(I) of this section and subject to offset under section 39-21-108 (3), is deposited with the state treasurer. For all names and amounts submitted by the executive director of the department of revenue pursuant to section 39-21-114 (10), the controller shall provide to the department the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(III).
(IV) Any money withheld for payment of an unpaid debt owing to the state
pursuant to subsection (3.5)(a)(I) of this section is deposited with the state treasurer. For all names and amounts certified by a state agency pursuant to subsection (3.5)(a) of this section, the controller shall provide to the state agency the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(IV).
(V) All money withheld for payment of a student loan division debt pursuant
to subsection (3.5)(a)(I) of this section is deposited with the state treasurer for disbursement by the state treasurer to the division. For all names and amounts certified by the division pursuant to section 23-3.1-104 (1)(q), the controller shall provide to the division the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(V).
(VI) The controller shall deposit with the state treasurer any money withheld
for payment of unemployment compensation debt pursuant to subsection (3.5)(a)(I) of this section, and the state treasurer shall credit the money to the unemployment compensation fund. For all names and amounts certified by the division of unemployment insurance, the controller shall provide to the division the payees' names and associated amounts deposited with the state treasurer pursuant to this subsection (3.5)(a)(VI).
(VII) The controller shall pay any approved disbursement in excess of the
unpaid balance or debt to the approved payee.
(b) In the event that there are debts for unpaid child support, as set forth in
section 26-13-111, debts for an unpaid balance of tax, interest, or other charges pursuant to article 21 of title 39, and other debts owing to the state or any agency thereof as set forth in subsection (3.5)(a)(I) of this section, the amount withheld pursuant to subsection (3.5)(a)(I) of this section is credited to the unpaid debts and is applied first to those unpaid debts in the order they appear in this subsection (3.5)(b), and any remaining amounts withheld pursuant to subsection (3.5)(a)(I) of this section is applied based on the priority determined by the controller.
(c) (Deleted by amendment, L. 2021.)
(4) (Deleted by amendment, L. 99, p. 689, � 9, effective August 4, 1999.)
(5) (Deleted by amendment, L. 2021.)
(6) Any contract awarded to private counsel or private collection agency
shall require that the contractor remain licensed under the contractor's respective occupational licensing statutes or rules during the term of the contract. The contract shall require that a private counsel or private collection agency shall at all times act in compliance with the provisions of the Colorado Fair Debt Collection Practices Act, article 16 of title 5, and in compliance with any rules promulgated by the controller.
(7) (Deleted by amendment, L. 2021.)
(8) (a) A collection fee for a private collection agency shall not exceed
eighteen percent of the debt, and the fee for private counsel shall not exceed twenty-five percent of the debt. All fees collected and retained by a private collection agency or private counsel as payment for services collecting a debt that are not deposited in the state treasury are not subject to article 36 of title 24 or section 20 of article X of the state constitution.
(b) The debtor is liable for repayment of the total amount of a debt due to
the state, including collection fee charged by the private collection agency or private counsel, plus allowable fees and costs pursuant to subsection (8)(c) of this section and the delinquency charge pursuant to section 24-79.5-102.
(c) If a debt due to the state is litigated and the state prevails, in addition to
the collection fee, the debtor shall also be liable for the following:
(I) Reasonable attorney fees as may be determined by the court;
(II) Court costs as described in section 13-16-122; and
(III) Fees incurred by the state's attorney in processing the litigation and
collection of any judgment.
(d) If a debt due to the state is in the form of a check, draft, or order not paid
upon presentment, the state agency is entitled, in addition to a collection fee, if applicable, to collect damages as specified in section 13-21-109 (1)(b)(II) and (2)(a).
(9) and (10) (Deleted by amendment, L. 2021.)
Source: L. 75: Entire section added, p. 798, � 2, effective July 1. L. 83: (2)
amended, p. 793, � 3, effective June 3. L. 84: (3)(a) and (3)(d) amended and (3)(e) added, p. 1013, � 2, effective April 27. L. 91: (3)(a) amended and (7) added, p. 802, � 1, effective May 24; (2), (3)(a)(I), (3)(b), (3)(d), (3)(e), and (4) amended and (5) and (6) added, p. 839, � 1, effective January 1, 1992. L. 95: (1), (2), and (3)(a) amended, p. 642, � 36, effective July 1. L. 97: (3.5) added, p. 941, � 2, effective July 1. L. 99: (3)(d), (4), and (7) amended, p. 689, � 9, effective August 4. L. 2002: (3)(a)(II) amended, p. 101, � 4, effective August 7. L. 2006: (1), (2), (3)(c), (3)(d), and (5) amended and (2.5), (8), and (9) added, p. 1159, � 2, effective May 25. L. 2010: (2), (8)(a), and (8)(b) amended, (HB 10-1181), ch. 351, p. 1619, � 2, effective June 7; (2) and (3)(a)(II) amended, (SB 10-003), ch. 391, p. 1850, � 28, effective June 9. L. 2011: (3)(f) added, (SB 11-226), ch. 190, p. 733, � 3, effective May 19; (3)(g) added, (SB 11-051), ch. 286, p. 1331, � 1, effective August 10. L. 2012: IP(3.5)(a)(I), (3.5)(a)(I)(E), and (3.5)(a)(VI) amended, (HB 12-1120), ch. 27, p. 107, � 22, effective June 1. L. 2013: (2.5) amended and (10) added, (SB 13-247), ch. 296, p. 1581, � 1, effective August 7. L. 2017: (6) and IP(9) amended, (HB 17-1238), ch. 260, p. 1173, � 20, effective August 9. L. 2018: (2) amended, (HB 18-1047), ch. 155, p. 1096, � 9, effective April 23; (8)(a) amended, (HB 18-1057), ch. 314, p. 1896, � 2, effective July 1, 2019. L. 2021: Entire section amended, (SB 21-055), ch. 12, p. 67, � 1, effective March 21.
Editor's note: (1) Amendments to subsection (3)(a) by Senate Bill 91-15 and
Senate Bill 91-140 were harmonized.
(2) Amendments to subsection (2) by Senate Bill 10-003 and House Bill 10-1181 were harmonized.
(3) The effective date for amendments to this section by House Bill 12-1120
(chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)
(4) Subsection (3)(e)(II) provided for the repeal of subsection (3)(e), effective
July 1, 2021. (See L. 2021, p. 67.)
Cross references: For the legislative declaration contained in the 1995 act
amending subsections (1), (2), and (3)(a), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in the 2010 act amending subsections (2) and (3)(a)(II), see section 1 of chapter 391, Session Laws of Colorado 2010.
C.R.S. § 24-30-203.5
24-30-203.5. Recovery audits - legislative declaration - contracting - reporting - definitions - repeal. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1176), ch. 402, p. 1937, � 1,
effective June 10. L. 2011: (1)(a), (1)(b)(I), (1)(b)(II), IP(2)(b), (2)(c), (3)(a), (3)(b)(II), (4), (5), and (6)(c) amended and (8) and (9) added, (HB 11-1307), ch. 270, p. 1226, � 1, effective June 2. L. 2013: (3)(a), (4)(b), and (6)(c) amended, (HB 13-1286), ch. 311, p. 1640, � 1, effective May 28. L. 2021: (10) added, (SB 21-222), ch. 92, p. 374, � 1, effective May 4.
Editor's note: Subsection (10) provided for the repeal of this section,
effective July 1, 2022. (See L. 2021, p. 374.)
C.R.S. § 24-31-1202
24-31-1202. Definitions. As used in this part 12, unless the context otherwise requires:
(1) (a) Claim means a request or demand, whether under a contract or
otherwise, for money or property and whether or not the state or a political subdivision has title to the money or property, that is:
(I) Presented to an officer, employee, or agent of the state or political
subdivision; or
(II) Made to a contractor, grantee, or other recipient, if the money or property
is to be spent or used on the state's or political subdivision's behalf or to advance a government program or interest, and if the state or political subdivision:
(A) Provides or has provided any portion of the money or property requested
or demanded; or
(B) Will reimburse such contractor, grantee, or other recipient for any portion
of the money or property that is requested or demanded.
(b) Claim includes the failure to pay or the underpayment of an obligation
owed to the state.
(c) Claim does not include a request or demand for money or property that
the state or a political subdivision has paid:
(I) To an individual as compensation for employment by the state or political
subdivision;
(II) As an income subsidy with no restrictions on that individual's use of the
money or property;
(III) To an individual as part of a government assistance program in an
amount less than ten thousand dollars in a calendar year; or
(IV) To a person under the Colorado Medical Assistance Act, articles 4, 5,
and 6 of title 25.5.
(2) Department means the department of law.
(3) Fund means the false claims recovery cash fund created in section 24-31-1209.
(4) (a) Knowing or knowingly mean that a person, with respect to
information about a claim:
(I) Has actual knowledge of the falsity of the information;
(II) Acts in deliberate ignorance of the truth or falsity of the information; or
(III) Acts in reckless disregard of the truth or falsity of the information.
(b) Knowing or knowingly does not require proof of specific intent to
defraud. A person who acts merely negligently with respect to information is not deemed to have acted knowingly, unless the person acts with reckless disregard of the truth or falsity of the information.
(5) Material means having a natural tendency to influence, or be capable of
influencing, the payment or receipt of money or property.
(6) Obligation means an established duty, whether or not fixed, arising
from an express or implied contractual, grantor-grantee, or licensor-licensee relationship; from a fee-based or similar relationship; from statute or regulation; or from the retention of any overpayment.
(7) Person means any individual, corporation, business trust, estate, trust,
limited liability company, partnership, association, or other nongovernmental legal entity.
(8) Political subdivision has the same meaning as set forth in section 24-72-202.
(9) Proceeds means all money, property, damages, double damages, treble
damages, civil penalties, and payments for costs of compliance, including reasonable costs and attorney fees, realized by the state whether as a result of any settlement of or judgment entered in any action brought pursuant to this part 12.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2778, � 2,
effective August 10.
C.R.S. § 24-31-1204
24-31-1204. Civil actions for false claims - claims for retaliation - definitions. (1) Responsibility of attorney general. (a) The attorney general shall diligently investigate a violation of section 24-31-1203. If the attorney general finds that a person has violated or is violating section 24-31-1203, the attorney general may bring a civil action against the person pursuant to this section.
(b) In any action brought pursuant to this part 12 in which the attorney
general is a party, either as the plaintiff or as an intervenor, the court may dismiss the action upon motion of the attorney general following the notice and opportunity for a hearing pursuant to subsection (4)(b)(I) of this section. In determining whether to file a motion to dismiss, the attorney general shall consider the severity of the false claim, program or population impacted by the false claim, duration of the fraud, weight and materiality of the evidence, other means to make the program whole, and other factors the attorney general deems relevant. The attorney general's decision-making process concerning a motion to dismiss and any records related to the decision-making process are not discoverable in any action.
(2) Role of the office of the state auditor. (a) Notwithstanding any other
state law requiring the state auditor to keep information confidential, if in the course of its audit authority, the office of the state auditor identifies information of potential false claims submitted to the state or a political subdivision, the state auditor may share any information with the attorney general or the political subdivision. The state auditor may participate, with the consent of the attorney general, in any subsequent investigation or prosecution of that false claim.
(b) If the state auditor elects to participate in any investigation and
prosecution of a false claim, the state auditor's interests will be represented by the attorney general.
(3) Actions by private persons. (a) A person may bring a civil action for a
violation of section 24-31-1203 for the person and for the state. The action must be brought in the name of the state. The court shall not dismiss an action upon motion of the private person who brought the action unless the attorney general gives written consent to the dismissal and reasons for consenting.
(b) (I) A person who brings an action shall serve on the state, pursuant to rule
4 of the Colorado rules of civil procedure, a copy of the complaint and written disclosure of substantially all material evidence and information the person possesses; except that the person shall not disclose any evidence or information that the person reasonably believes is protected by the defendant's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise. The complaint must be filed in camera, must remain under seal for at least sixty-three days, and must not be served on the defendant until the court so orders. The state may elect to intervene and proceed with the action within sixty-three days after it receives both the complaint and the material evidence and information.
(II) In determining whether to intervene and proceed with an action pursuant
to this subsection (3)(b), the attorney general shall consider the factors described in subsection (1)(b) of this section. The attorney general's decision-making process concerning whether to intervene and any records related to the decision-making process are not discoverable in any action.
(c) The state may, for good cause shown, move the court for extensions of
the time during which the complaint remains under seal pursuant to subsection (3)(b) of this section. The motion may be supported by affidavits or other submissions in camera. The defendant is not required to respond to any complaint filed pursuant to this section until twenty-one days after the complaint is unsealed and served upon the defendant pursuant to rule 4 of the Colorado rules of civil procedure.
(d) Before the expiration of the sixty-three-day period pursuant to
subsection (3)(b) of this section and any extensions obtained pursuant to subsection (3)(c) of this section, the state shall:
(I) Proceed with the action, in which case the state shall conduct the action;
or
(II) Notify the court that it declines to take over the action, in which case the
person who brought the action has the right to continue the action.
(e) When a person brings an action pursuant to this subsection (3), only the
state may intervene or bring a related action based on the facts underlying the pending action.
(f) Any information provided by a person to the state pursuant to this
subsection (3) is exempt from disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of this title 24.
(4) Rights of parties to private actions. (a) If the state proceeds with an
action brought pursuant to subsection (3) of this section, it has the primary responsibility for prosecuting the action and is not bound by an act of the person who brought the action. The person has the right to continue as a party to the action, subject to the limitations set forth in subsection (3)(b) of this section.
(b) (I) The state may, at any time, dismiss the action, in whole or in part,
notwithstanding the objections of the person who brought the action if the person has been notified by the state of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.
(II) The state may settle the action with the defendant notwithstanding the
objections of the person who brought the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, the court may hold the hearing in camera.
(III) Upon a showing by the state that unrestricted participation during the
course of the litigation by the person who brought the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, including but not limited to:
(A) Limiting the number of witnesses the person may call;
(B) Limiting the length of the testimony of the witnesses called by the
person;
(C) Limiting the person's cross-examination of witnesses; and
(D) Otherwise limiting the participation by the person in the litigation.
(IV) Upon a showing by the defendant that unrestricted participation during
the course of the litigation by the person who brought the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation as described in subsection (4)(b)(III) of this section.
(c) The fact that the state has elected not to proceed with an action is not a
basis for a motion to dismiss, motion for determination of a question of law, or motion for summary judgment, nor is it a basis to deny the court jurisdiction over the action, but if the attorney general submits to the court the attorney general's reasons for not proceeding with the action, the court may consider the reasons when deciding a motion or whether the court has jurisdiction. If the state so requests, it must be served with copies of all pleadings filed in the action and, at the state's expense, be supplied with copies of all deposition transcripts. When the person proceeds with the action, the court, without limiting the status and rights of the person, may nevertheless permit the state to intervene at a later date upon a showing of good cause.
(d) Regardless of whether the state proceeds with the action, upon a
showing by the state or political subdivision that certain actions of discovery by the person who brought the action would interfere with the state's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period of not more than sixty-three days. The showing by the state must be conducted in camera. The court may extend the sixty-three-day period upon a further showing that the state has pursued the criminal or civil investigation or proceedings with reasonable diligence and that any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings.
(e) Notwithstanding subsection (3) of this section, the state may elect to
pursue its claim through any alternate remedy available to the state. If an alternate remedy is pursued in another proceeding, the person who brought the action pursuant to subsection (3) of this section has the same rights in that proceeding as the person would have had if the action had continued pursuant to this section. Any finding of fact or conclusion of law made in the other proceeding that has become final is binding on all parties to an action brought pursuant to this section. For purposes of this subsection (4)(e), a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the state, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review.
(5) Award to a person who brings an action. (a) (I) Subject to subsection
(5)(a)(II) of this section, if the state proceeds with an action brought by a person pursuant to subsection (3) of this section, the court shall award the person at least fifteen percent but not more than twenty-five percent of the proceeds received from the action or settlement of the claim, depending upon the extent to which the person substantially contributed to the investigation and prosecution of the action.
(II) If the court finds the action to be based primarily on disclosures of
specific information, other than information provided by the person who brought the action, relating to allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, or formal audit report, hearing, or investigation; or from the news media, the court may award to the person such sums as it considers appropriate but in no case more than ten percent of the proceeds. In making its determination, the court shall consider the significance of the information provided by the person and the role of the person in advancing the case to litigation.
(III) Any payment to a person made pursuant to this subsection (5)(a) must be
made from the proceeds. In addition to an award made pursuant to subsection (5)(a)(I) or (5)(a)(II) of this section, the court shall award the person an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. The court shall award all of the expenses, fees, and costs against the defendant.
(IV) If the person who brought the action is a government employee who, in
the course of the person's work for the state gains knowledge of any information that forms, in whole or in part, the basis of the person's claim, the court shall award to the state that employs the person the amount that would otherwise be awarded to the person pursuant to this subsection (5).
(b) If the state does not intervene in and proceed with an action pursuant to
subsection (3)(b) of this section, the person prevailing in the action or settling the claim must receive an amount that the court decides is reasonable for collecting the civil penalty and damages. The amount must be at least twenty-five percent but not more than thirty percent of the proceeds received from the action or settlement and must be paid out of the proceeds. The court shall award the person an amount for reasonable expenses that the court finds to have been necessarily incurred, plus reasonable attorney fees and costs. The court shall award all of the expenses, fees, and costs against the defendant.
(c) Regardless of whether the state intervenes in and proceeds with an
action pursuant to subsection (3)(b) of this section, if the court finds that the action was brought by a person who planned and initiated the violation of section 24-31-1203 upon which the action was brought, the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the action that the person would otherwise receive pursuant to this subsection (5), taking into account the role of the person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person is convicted of criminal conduct arising from his or her role in the violation of section 24-31-1203, the court shall dismiss the person from the civil action and the person must not receive any share of the proceeds of the action. Such dismissal does not prejudice the right of the state to continue the action.
(d) If the state does not intervene in and proceed with an action pursuant to
subsection (3)(b) of this section and the person who brought the action pursues the action, the court may award to the defendant reasonable attorney fees and expenses if the defendant prevails in the action and the court finds that the claim of the person was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment.
(6) Certain actions barred. (a) A court does not have jurisdiction over an
action brought pursuant to this section:
(I) Against a serving member of the general assembly, a member of the state
judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado acting in the member's, executive director's, or official's official capacity;
(II) Against a serving elected official of a political subdivision, a member of a
political subdivision's judiciary, or an appointed official of a political subdivision acting in the member's or official's official capacity; or
(III) If the action is brought by a person pursuant to subsection (3) of this
section and is based on evidence or information known to the state when the action was brought.
(b) A person may not bring an action pursuant to subsection (3) of this
section that is based upon allegations or transactions that are the subject of a civil suit in a court of this state or an administrative civil money penalty proceeding in which the state is already a party.
(c) (I) A court shall dismiss an action or claim brought pursuant to subsection
(3) of this section if the action pursued by the person is based upon substantially the same allegations or transactions publicly disclosed in a criminal, civil, or administrative hearing; in a legislative, administrative, or formal audit report, hearing, or investigation; or from the news media, unless:
(A) The state intervenes and prosecutes the action pursuant to subsection
(3)(b) of this section;
(B) The state opposes dismissal; or
(C) The person who brought the action is an original source of the
information that is the basis for the action.
(II) As used in this subsection (6)(c), original source means an individual
who:
(A) Prior to public disclosure pursuant to subsection (6)(c)(I) of this section,
has voluntarily disclosed to the state the information on which the allegations or transactions in a claim are based; or
(B) Has knowledge that is independent of and materially adds to the publicly
disclosed allegations or transactions and has voluntarily provided the information to the state before filing an action pursuant to subsection (3) of this section.
(7) State not liable for certain expenses. The state is not liable for expenses
that a person incurs in bringing an action pursuant to subsection (3) of this section.
(8) Private action for retaliation. (a) As used in this subsection (8), unless
the context otherwise requires:
(I) Confidential information includes documents; emails and other
electronic data; medical records; financial records; trade secret information; intellectual property; or information that is subject to an employment agreement, confidentiality agreement, or nondisclosure agreement or for which the person who brought the action pursuant to subsection (3) of this section has a fiduciary obligation to maintain as confidential. Confidential information does not include information that is protected by the defendant's attorney-client privilege unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise.
(II) Lawful acts includes, but is not limited to, the following:
(A) Conducting or assisting with an investigation for, initiation of, testimony
for, or assistance in an action filed or to be filed pursuant to this section, or conducting or assisting with an investigation when there is a reasonable belief of a potential violation of this section;
(B) Meeting with potential or retained counsel or agents or representatives
of the state about the matter that is the subject of an action filed or to be filed pursuant to this section;
(C) Providing the individual's counsel or agents or representatives of the
state with confidential information; or
(D) Filing an action pursuant to this section.
(b) An employee, contractor, or agent is entitled to all relief necessary to
make that individual whole if the individual is discharged, demoted, suspended, threatened, harassed, intimidated, sued, defamed, blacklisted, or in any other manner retaliated against or discriminated against in the terms and conditions of the individual's employment, contract, business, or profession by the defendant or by any other person because of lawful acts done by the individual or associated others in furtherance of an action brought pursuant to this section or in furtherance of an effort to stop any violation, or what the individual reasonably believes to be a violation, of section 24-31-1203.
(c) (I) If the disclosure of confidential information is in furtherance of an
action brought pursuant to this section or in furtherance of an effort to stop any violation, or what the individual reasonably believes to be a violation, of section 24-31-1203, an individual has a privilege to disclose the confidential information to:
(A) The individual's counsel;
(B) A person with whom the individual has a statutory or common law
privilege; or
(C) An agent or authorized representative of the state.
(II) The individual's disclosure of confidential information to the individual's
counsel or to an agent or authorized representative of the state does not constitute a waiver by a defendant of any right or privilege that the defendant may be entitled to invoke.
(d) (I) An individual seeking relief pursuant to this subsection (8) may seek
relief by:
(A) Filing a motion in the action brought pursuant to subsection (3) of this
section; or
(B) Bringing a separate action in an appropriate court of the state for the
relief provided pursuant to this subsection (8).
(II) An individual who seeks relief pursuant to this subsection (8) is entitled to
all relief necessary to make the individual whole. The relief must include, but is not limited to:
(A) If the individual is an employee, reinstatement with the same seniority
status the individual would have had but for the discrimination, twice the amount of back pay, and interest on the back pay;
(B) If the individual is a contractor, subcontractor, or independent contractor,
reinstatement of a contract or subcontract that was canceled, nonrenewed, or modified because of retaliation, with all compensation or contractual consideration that the individual would have received had the contract or subcontract not been canceled, nonrenewed, or modified; and
(C) Compensation for any special damages sustained as a result of the
discrimination or retaliation, including litigation costs and reasonable attorney fees.
(e) (I) The court shall award the individual not less than the damages
described in subsection (8)(d)(II) of this section if a defendant, employer, or other person retaliates against an individual by bringing another action against the individual for:
(A) Acts later determined to be lawful acts;
(B) Disclosure of confidential information to counsel or an agent or
representative of the state pursuant to this subsection (8);
(C) Violating an employment contract, confidentiality agreement,
nondisclosure agreement, or other agreement; or
(D) Committing any other tort or breach of duty and the court hearing the
action determines by a preponderance of the evidence that the defendant, employer, or other person brought the lawsuit against the individual for the purpose of retaliating against the individual.
(II) In addition to any other remedy or share of the proceeds of the action to
which the individual is entitled pursuant to this subsection (8) and regardless of whether the individual is determined to be entitled to share in the proceeds of the action or claim filed pursuant to subsection (3) of this section, in addition to any other consequential damages permitted by law, the damages for a violation of this subsection (8)(e) must be not less than:
(A) Twice the individual's actual attorney fees and costs if the defendant,
employer, or other person brought the lawsuit against the individual in a court in the state of Colorado; or
(B) Three times the individual's actual attorney fees and costs if the
defendant, employer, or other person brought the lawsuit in a jurisdiction outside of Colorado.
(f) (I) The court hearing the action brought pursuant to subsection (3) of this
section has jurisdiction to hear a private action or motion for retaliation brought pursuant to this subsection (8).
(II) Upon motion by the individual, the venue of an action filed in another
court of the state of Colorado against the individual by the defendant, the employer of the person who brought the action pursuant to subsection (3) of this section, or other person arising out of the subject matter of the action brought pursuant to subsection (3) of this section must be changed to the court hearing the action brought pursuant to subsection (3) of this section.
(9) Discovery in other actions. (a) If a person who brings an action pursuant
to subsection (3) of this section is a party to or witness in an action other than an action brought pursuant to subsection (3) of this section, referred to in this subsection (9) as an other action, and a party in the other action seeks discovery from the person of information about other lawsuits, which discovery would require the person to disclose information about an action filed pursuant to subsection (3) of this section while that action is still under seal, the person shall:
(I) Within a reasonable time, notify the state investigating the action brought
pursuant to subsection (3) of this section of the pending discovery request; and
(II) Respond to the discovery request by stating only that the matter is
confidential, without further elaboration, and shall maintain that response until the state elects to proceed or not proceed with the action brought pursuant to subsection (3) of this section or until the court lifts the seal.
(b) If necessary, in any other action, a person who brought the action
pursuant to subsection (3) of this section or the attorney general may file an ex parte motion, in camera and under seal, seeking a protective order or an extension of time for the person to respond to a discovery request. If a party in the other action moves to compel an answer to the discovery, the person who brought the action pursuant to subsection (3) of this section shall file, ex parte and in camera, a response to the motion to compel, in which the attorney general may join. The response to the motion to compel must remain under seal until such time as the state elects to proceed or not proceed with the action or until such time as the court lifts the seal.
(c) Notwithstanding any provision of this subsection (9) to the contrary,
information about an action filed pursuant to subsection (3) of this section that is protected by the defendant's attorney-client privilege is not discoverable in any other action unless the privilege was waived, inadvertently or otherwise, by the person who holds the privilege; an exception to the privilege applies; or disclosure of the information is permitted by an attorney pursuant to 17 CFR 205.3 (d)(2), the applicable Colorado rules of professional conduct, or otherwise.
Source: L. 2022: Entire part added, (HB 22-1119), ch. 394, p. 2783, � 2,
effective August 10. L. 2023: (3)(b)(II) amended, (HB 23-1301), ch. 303, p. 1825, � 32, effective August 7.
C.R.S. § 24-31-801
24-31-801. Definitions. As used in this part 8, unless the context otherwise requires:
(1) Abuse means willful infliction of injury, unreasonable confinement,
intimidation, or punishment with resulting physical or financial harm or pain or mental anguish, including any acts or omissions that constitute a criminal violation under state law.
(2) Beneficiary means any individual who receives goods or services from a
provider under the medicaid program.
(3) Benefit means any benefit authorized under the Colorado Medical
Assistance Act.
(4) Claim means any communication submitted to the medicaid program or
to a person that has contracted with the medicaid program, whether oral, written, electronic, or magnetic, that identifies a good, item, or service as reimbursable under the medicaid program; is used to authorize the provision of services under the medicaid program; serves as an invoice for services provided under contract with the medicaid program; or states income or expense and is or may be used to determine a rate of payment under the medicaid program.
(5) Colorado Medical Assistance Act means articles 4 to 6 of title 25.5.
(6) Exploitation means the wrongful taking or use of funds or property of a
patient residing in a health-care facility or board and care facility that constitutes a criminal violation under state law.
(7) Knowingly and willfully have the same meaning as set forth in section
18-1-501 (6).
(8) Material information means an assertion or information directly
pertaining to a claim, record, statement, or representation that a reasonable person knows or should know will affect the action, conduct, or decision of the person who receives or is intended to receive the asserted information in a manner that would directly or indirectly benefit the person making the assertion.
(9) Medicaid fraud and waste means any act, by commission or omission, as
described in section 24-31-808.
(10) Medicaid program means the medical assistance program authorized
by Title XIX of the federal Social Security Act and implemented by the Colorado Medical Assistance Act.
(11) Neglect means willful failure to provide goods and services necessary
to avoid physical harm, mental anguish, or mental illness, including any neglect that constitutes a criminal violation under state law.
(12) Person means an individual, public or private institution, corporation,
partnership, association, or managed care entity.
(13) Provider means any person, employee, agent, representative,
contractor, or subcontractor of a person:
(a) Who has entered into a provider agreement with the department of health
care policy and financing to provide goods or services pursuant to the medicaid program;
(b) Who has entered into an agreement with a party to such a provider
agreement under which the person agrees to provide goods or services that are reimbursable under the medicaid program;
(c) Who is reimbursed or receives compensation for delivering, purporting to
deliver, or arranging for the delivery of health-care goods or services from the medicaid program;
(d) Who is defined as such in section 25.5-4-103 (19); or
(e) Who is defined as such in section 25.5-4-416 (1).
(14) Records means any medical, professional, or business records relating
to the treatment or care of any beneficiary, to goods or services provided to any beneficiary, or to rates paid for goods or services provided to any beneficiary and any records that are required to be kept by the rules of the medicaid program.
(15) Statement or representation means any oral, written, or electronic
communication that is used to identify an item of goods or a service for which reimbursement may be made under the medicaid program or that states income and expense and is or may be used to determine a rate of reimbursement under the medicaid program, that may serve as the basis for the calculation of a payment to a provider, or that may serve as a basis for receiving payment.
(16) Unit means the medicaid fraud control unit created in section 24-31-802.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1113, � 2, effective
January 1, 2019.
C.R.S. § 24-31-803
24-31-803. Medicaid fraud reporting. The department of health care policy and financing; the department of public health and environment; managed care entities; and their fiscal agents, contractors, or subcontractors, shall refer all cases where the agency or entity has reasonable cause to believe that there is suspected medicaid fraud and waste as well as patient abuse, neglect, and exploitation to the unit for the purpose of investigation, civil action, or criminal action. Nothing contained in this part 8 prohibits the attorney general from pursuing cases of suspected medicaid fraud and waste or patient abuse, neglect, and exploitation cases absent such a referral.
Source: L. 2018: Entire part added, (HB 18-1211), ch. 159, p. 1115, � 2, effective
January 1, 2019.
C.R.S. § 24-32-120
24-32-120. Justice reinvestment crime prevention initiative - program - rules - cash funds - reports - definitions - repeal. (1) (a) The division of local government shall administer the justice reinvestment crime prevention initiative to expand small business lending and provide grants aimed at reducing crime and promoting community development in the target communities of north Aurora and southeast Colorado Springs. Effective September 1, 2021, the target communities must also include the Grand Junction and Trinidad areas, including unincorporated areas outside of city limits.
(b) Subject to available appropriations, on and after August 10, 2017, the
division shall develop and implement an initiative in accordance with policies developed by the executive director specifically designed to expand small business lending in the target communities described in this subsection (1). An initiative developed and implemented pursuant to subsection (1)(a) of this section shall include, but need not be limited to, the following components:
(I) (A) On or before September 10, 2017, the division shall issue a request for
participation and select one or more nondepository community development financial institution loan funds to participate in the small business lending program described in this subsection (1)(b)(I)(A);
(B) On or before September 1, 2021, if the nondepository community
development financial institution loan funds contracted pursuant to subsection (1)(b)(I)(A) of this section are not able to also effectively serve the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits, the division shall issue a request for participation to select one or more additional depository community development financial institution loan funds to serve the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits.
(II) The division shall execute a contract and develop an operating
agreement with each participating nondepository community development financial institution loan fund that provides comprehensive guidance regarding the procedures and program requirements and lending standards to include, but not be limited to, the following specifics:
(A) Any small business loan must be made at a fixed and reasonable interest
rate, for a term not to exceed sixty months, with no prepayment penalty, and a maximum loan value of fifty thousand dollars;
(B) The procedures and timelines for a nondepository community
development financial institution loan fund to draw down funding and any deposit account requirements;
(C) The terms and timeline for repayment by the nondepository community
development financial institution loan fund to the division, including a reasonable grace period prior to commencement of repayment, and authority for the community development financial institution loan funds to retain interest paid by the borrower;
(D) Permission for the nondepository community development financial
institution loan fund to request funding, subject to limitations established by the director, to provide or contract for services to increase the skills of prospective borrowers including, but not limited to, business and financial education, mentorship, or community outreach for marketing purposes; and
(E) Data collection requirements and performance and outcome metrics that
include, but are not limited to, the number of loans made and capital disbursed and loan details including amount, rate and term, nature of business and number of jobs created, repayment collected, and delinquency or aging report; and
(III) The division may retain up to fifteen percent of funding received for
small business lending in a loan loss reserve fund if it believes that such reserve fund would incentivize additional lenders to expand small business lending in the two target communities.
(IV) Repealed.
(c) (I) The justice reinvestment crime prevention cash fund, referred to in this
subsection (1)(c) as the fund, is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.
(II) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(III) Money in the fund is continuously appropriated to the department of
local affairs for the initiative developed pursuant to this subsection (1).
(IV) Repealed.
(2) (a) Subject to available appropriations, on and after August 10, 2017, the
division shall develop and implement a grant program to provide funding to eligible entities for programs, projects, or direct services aimed at reducing crime in the target communities described in subsection (1) of this section. The division shall administer the grant program in accordance with policies developed by the executive director that include, but are not limited to, the specifics in subsection (2)(b) of this section.
(b) (I) On or before September 10, 2017, the executive director shall issue a
request for participation and select a community foundation or foundations to manage the grant program. To be eligible, the community foundation must be registered in the state of Colorado and have a history of grant-making in the target community in areas consistent with the permissible uses of funding described in subsection (2)(e) of this section. The division may select one community foundation to serve both target communities or may select one community foundation for each target community.
(II) On or before September 1, 2021, if the community foundations contracted
pursuant to subsection (2)(b)(I) of this section are not able to also effectively serve the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits, the division shall issue a request for participation and select one or more community foundations or third-party grant administrators as defined in section 25-20.5-801 (3)(a) to manage the grant program or programs for the Grand Junction and Trinidad areas, including unincorporated areas outside of the city limits.
(c) The division shall execute a written agreement with each selected
community foundation or third-party grant administrator that outlines its roles and responsibilities, which must include:
(I) Developing a nomination process and governance policy for the local
crime prevention planning team. The community foundation or third-party grant administrator shall ensure that the proposed local planning team members represent a diverse cross-section with expertise in areas like education, business, youth, families, nonprofit direct service, law enforcement, local government, community, and residents of the target communities, including those that have been directly impacted by crime and involvement in the criminal justice system.
(II) Providing facilitation to the local crime prevention planning team in the
target communities;
(III) Developing the grant guidelines, application and review process, data
collection, and reporting requirements for grantees;
(IV) Reviewing proposals submitted by the local planning team and making
grant awards subject to approval by the division and the office of state planning and budgeting and consistent with the permissible uses described in subsection (2)(e) of this section;
(V) If the agreement is with a community foundation, contracting with a
third-party evaluator to assist each local planning team to establish best practices with regard to data collection and identifying appropriate performance and outcome measures that measure outcome and impact of any funded crime prevention projects, programs, or initiatives;
(VI) Collaborating with the office of state planning and budgeting to provide
information and research to local planning teams regarding best practices and effective programs for community development and crime prevention; and
(VII) If the written agreement is with a third-party administrator, performing
data collection, identifying appropriate performance and outcome measures, providing technical assistance, and assisting with grantee capacity building.
(d) The division shall develop the procedures and timelines by which each
selected community foundation or third-party grant administrator will be provided funding from the division for disbursement for the grant program.
(e) The permissible uses of any funding provided to each community
foundation or third-party grant administrator shall include programs, projects, or initiatives that are aimed at:
(I) Improving academic achievement including, but not limited to, school
readiness, reducing expulsions and suspensions in schools, increasing high school graduation, college enrollment and retention rates, and promoting school-parent-student engagement;
(II) Providing community-based services to strengthen families, promote
recovery from trauma, provide support to crime survivors, increase employment, and reduce recidivism, or other similar community direct service needs identified by the local planning team;
(III) Facilitating neighborhood connections, community engagement, and
local leadership development;
(IV) Increasing the safety and usability of common outdoor spaces; and
(V) Developing technical assistance related to data collection, data analysis,
and evaluation.
(f) (I) The division shall transfer to the community foundation or third-party
grant administrator within thirty days after execution of the agreement described in subsection (2)(c) of this section the administrative costs of the community foundation or third-party grant administrator related to the performance of the roles and responsibilities for managing the grant program.
(II) If the costs described in subsection (2)(f)(I) of this section pertain to a
community foundation, the costs may not exceed eight percent of the appropriation.
(III) If the costs described in subsection (2)(f)(I) of this section pertain to a
third-party grant administrator, the costs may not exceed fifteen percent of the appropriation to cover both the grant program management responsibilities and the additional responsibilities described in subsection (2)(c)(VII) of this section.
(g) To be eligible to receive grant funding an entity must be a nonprofit
organization in good standing and registered with the internal revenue service and the Colorado secretary of state's office, a school, a unit of local government, or a private contractor hired to provide technical assistance to the local planning teams.
(h) Repealed.
(i) (I) The targeted crime reduction grant program cash fund, referred to in
this subsection (2) as the fund, is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund.
(II) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(III) Through state fiscal year 2022-23, money in the fund is continuously
appropriated to the department of local affairs for the grant program developed pursuant to this subsection (2) and subsection (2.5) of this section. For state fiscal year 2023-24 and subject to annual appropriation, the department may expend money from the fund for the grant program developed pursuant to subsections (2) and (2.5) of this section, and the department may use, for the purposes specified in this subsection (2)(i)(III), any money appropriated or transferred to the fund that remains in the fund at the end of state fiscal year 2023-24 during state fiscal year 2024-25. For state fiscal year 2024-25 and subsequent fiscal years and subject to annual appropriation, the department may expend money from the fund for the grant program developed pursuant to subsection (2) of this section, and the department may use, for the purpose specified in this subsection (2)(i)(III), any money appropriated to the fund that remains in the fund during the fiscal year following the fiscal year for which the general assembly appropriated the money.
(III.3) and (III.5) Repealed.
(IV) The state treasurer shall transfer to the general fund all unexpended
and unencumbered money in the fund on September 1, 2027.
(V) Repealed.
(2.5) Repealed.
(3) This section is repealed, effective September 1, 2027. Before such repeal,
the department of regulatory agencies shall review the justice reinvestment crime prevention initiative pursuant to section 24-34-104.
(4) On and after December 1, 2017, during its annual presentation before the
joint judiciary committee of the general assembly, or any successor joint committee, pursuant to section 2-7-203 , the division shall include a status report regarding the progress and outcomes of the initiatives developed and implemented by the division pursuant to this section during the preceding year.
(5) Repealed.
Source: L. 2017: Entire section added, (HB 17-1326), ch. 394, p. 2031, � 6,
effective August 9. L. 2018: (5) repealed, (HB 18-1409), ch. 244, p. 1515, � 4, effective May 24. L. 2019: (1)(b)(IV) and (2)(h) repealed, (1)(c) and (2)(i) added, and (3) amended, (SB 19-064), ch. 179, p. 2037, � 3, effective May 14. L. 2021: (1)(a), (1)(b)(I), (2)(b), IP(2)(c), (2)(c)(I), (2)(c)(II), (2)(c)(V), (2)(c)(VI), (2)(d), IP(2)(e), (2)(f), (2)(i)(III), (2)(i)(IV), (2)(d), IP(2)(e), (2)(f), (2)(i)(III), (2)(i)(IV), and (3) amended and (2)(c)(VII), (2)(i)(III.3), (2)(i)(III.5), and (2.5) added, (HB 21-1215), ch. 252, p. 1483, � 2, effective June 17. L. 2023: (2)(i)(III), (2)(i)(III.3)(D), (2)(i)(III.5), and (3) amended and (2.5)(g) added, (HB 23-1299), ch. 301, p. 1807, � 1, effective June 1.
Editor's note: (1) Subsections (1)(c)(IV)(B) and (2)(i)(V)(B) provided for the
repeal of subsections (1)(c)(IV) and (2)(i)(V), respectively, effective July 1, 2021. (See L. 2019, p. 2037.)
(2) Subsections (2)(i)(III.3)(D), (2)(i)(III.5)(B), and (2.5)(g) provided for the
repeal of subsections (2)(i)(III.3), (2)(i)(III.5), and (2.5), respectively, effective September 1, 2024. (See L. 2023, p. 1807.)
Cross references: For the legislative declaration in HB 17-1326, see section 1
of chapter 394, Session Laws of Colorado 2017. For the legislative declaration in HB 18-1409, see section 1 of chapter 244, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1215, see section 1 of chapter 252, Session Laws of Colorado 2021.
C.R.S. § 24-32-303
24-32-303. Authority and responsibility of the director. (1) In furtherance of the policy expressed in section 24-32-302, the director, acting under the authority of the governor, has the following powers:
(a) Creation, within the appropriations and allocations given by the general
assembly or the governor, of such subdivisions and positions within the division as the director may deem necessary to fulfill his responsibilities;
(b) Contracting, in accordance with existing law, for those services and
materials required by the activities of the division;
(c) Promulgation of such rules and regulations as may be necessary to
effectuate the purposes of the division;
(d) Expenditure of state funds, within the appropriations, allocations, and
directives of the general assembly or the governor, for the encouragement and stimulation of local planning, promotion, and development activities;
(e) Any other authority, consistent with the purposes for which the division
was created, which is reasonably necessary for the fulfillment of the assigned responsibilities.
(2) In furtherance of the policy expressed in section 24-32-302, the director
has the following responsibilities:
(a) Development, promotion, and coordination of long-range plans for the
economic development of the state;
(b) Stimulation and guidance of area redevelopment plans in those areas of
the state with declining economies;
(c) Development and expansion of foreign and domestic markets for
Colorado products;
(d) Conduct of a program to achieve a balance between commerce, industry,
agriculture, professions, and the labor market in order to provide employment and economic well-being for all the people of Colorado, with particular emphasis on those rural and lesser populated areas of the state which desire to receive such assistance;
(e) and (f) Repealed.
(g) Conduct of a state economic research and information center for the use
of state and local governmental agencies, private industry, labor, the professions, and other groups, both in and out of the state, interested in the economy of the state;
(h) Coordination and stimulation of and assistance to the efforts of
governmental and private agencies engaged in the planning and development of a balanced economy for Colorado;
(i) Cooperation with the federal government and the other state
governments to encourage such joint planning, agreements, and compacts as would serve the purposes of the division;
(j) Acceptance and administration of federal grant-in-aid funds and state
trust funds devoted to state development and promotional activities;
(k) Representation of the governor in matters pertaining to the economic
development of the state.
Source: L. 63: p. 143, � 3. C.R.S. 1963: � 3-18-3. L. 67: p. 468, � 12. L. 72: pp.
139, 140, �� 2, 3. L. 83: (2)(e) and (2)(f) repealed, p. 917, � 4, effective July 1.
Cross references: For the duty of the division of commerce and development
with respect to the Colorado customized training program, see � 23-60-306.
C.R.S. § 24-32-3302
24-32-3302. Definitions. As used in this part 33, unless the context otherwise requires:
(1) Authorized quality assurance representative means any quality
assurance representative approved by the division pursuant to section 24-32-3303 (1)(c).
(2) Board means the state housing board created in section 24-32-706.
(3) Certificate of installation means a certificate issued by the division for
an installation that complies with this part 33 and rules that the board adopts under this part 33.
(4) Certified installer means an installer of manufactured homes or tiny
homes that:
(a) Is registered with the division;
(b) Has installed at least five manufactured homes or tiny homes in
compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33; and
(c) Has been approved by the division for certified status.
(5) Repealed.
(6) Defect means any deviation in the performance, construction,
components, or material of a manufactured home, tiny home, or factory-built structure that renders the manufactured home, tiny home, or factory-built structure or any part of the manufactured home, tiny home, or factory-built structure not fit for the ordinary use for which it was intended.
(6.5) Delivery means, for purposes of section 24-32-3325, at a location
agreed to by the seller and purchaser.
(7) Repealed.
(8) Division means the division of housing created in section 24-32-704.
(9) Factory-built nonresidential structure means any structure or
component, including any closed panel system, designed primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.
(10) Factory-built residential structure means a manufactured home,
including any closed panel system, constructed to the building codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.
(11) Factory-built structure means:
(a) A factory-built nonresidential structure;
(b) A factory-built residential structure; and
(c) A factory-built tiny home.
(12) Federal act means the National Manufactured Housing Construction
and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq.
(13) Federal manufactured home construction and safety standard means
any standard promulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.
(14) Imminent safety hazard means an imminent and unreasonable risk of
death or severe personal injury.
(15) Independent contractor means a local government, individual, private
firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.
(16) (a) Installation means the placement of a manufactured home or tiny
home on a permanent or temporary foundation system.
(b) Installation includes supporting, blocking, leveling, securing, or
anchoring the home and connecting multiple or expandable sections of the home.
(17) Installer means any person or business entity authorized to perform
the installation of:
(a) A manufactured home, which includes multifamily structures, for those
with the knowledge, experience, and skills to do so; or
(b) A tiny home.
(18) Local government means the government of a town, city, county, or
city and county that is the designated authority charged with the administration and enforcement of local building codes.
(19) Manufacture means the process of making, fabricating, constructing,
forming, or assembling a product from raw, unfinished, or semi-finished materials.
(20) Manufactured home means any preconstructed building unit or
combination of preconstructed building units or closed panel systems that:
(a) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the site of the completed home;
(b) Is designed for residential occupancy in either temporary or permanent
locations;
(c) Is constructed in compliance with the federal act, factory-built residential
requirements, including those for multi-family structures, or mobile home standards;
(d) Is not self-propelled; and
(e) Is not licensed as a recreational vehicle.
(21) Manufactured home construction means all activities relating to the
assembly, manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.
(22) Manufactured home safety means the performance of a manufactured
home in such a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.
(23) Manufacturer means any person who constructs or assembles a
manufactured residential or nonresidential structure in a factory or other off-site location.
(24) Mobile home means a manufactured home built prior to the adoption
of the federal act.
(24.5) Mobile home park has the meaning set forth in section 38-12-201.5
(6).
(25) Modular home means a factory-built residential structure.
(26) Owner means the owner of a manufactured home or tiny home.
(26.5) Permanent foundation means a structure that is designed or
intended to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Not be removed from the ground or building.
(27) Principal means an officer of a corporation, a member of a limited
liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.
(28) Production review means an evaluation of a manufacturer and a
facility's ability to follow approved plans, standards, codes, and quality control procedures during manufacture.
(29) Purchaser means a person purchasing a manufactured home or tiny
home if either is purchased in good faith for purposes other than resale.
(30) Quality assurance representative means any state, firm, corporation,
or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations.
(31) Registered installer means an installer who has registered with the
division, but who has not applied for and been approved by the division for certified status.
(32) Secretary means the secretary of the United States department of
housing and urban development.
(32.5) Seller means any person engaged in the business of selling
manufactured homes to be installed in Colorado or tiny homes to be occupied or installed in Colorado.
(33) Site means the entire tract, subdivision, or parcel of land on which
manufactured homes or tiny homes are installed.
(34) Temporary foundation means a structure that is designed or intended
to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Be removable from the ground or building.
(35) (a) Tiny home means a structure that:
(I) Is permanently constructed on a vehicle chassis;
(II) Is designed for long-term residency;
(III) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the site of the completed home;
(IV) Is not self-propelled; and
(V) Has a square footage of not more than four hundred square feet.
(b) Tiny home does not include:
(I) A manufactured home;
(II) A recreational park trailer as defined in section 24-32-902 (8);
(III) A recreational vehicle as defined in section 24-32-902 (9);
(IV) A semitrailer as defined in section 42-1-102 (89); or
(V) An intermodal shipping container.
Source: L. 2003: Entire part added, p. 533, � 2, effective March 5. L. 2021:
(4), (9), (10), (15), (17), (18), IP(20), (20)(c), (30), and (31) amended, (5) and (7) repealed, and (6.5) and (32.5) added, (HB 21-1019), ch. 122, p. 466, � 2, effective September 7. L. 2022: (3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and (33) amended and (24.5), (26.5), (34), and (35) added, (HB 22-1242), ch. 172, p. 1118, � 2, effective August 10. L. 2025: IP(17) amended, (SB 25-002), ch. 172, p. 714, � 5, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1
of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 24-32-3304
24-32-3304. State housing board - powers and duties - rules. (1) The board has the following powers and duties pursuant to this part 33:
(a) To promulgate uniform construction and maintenance standards for
hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist;
(b) To promulgate uniform construction standards for factory-built
residential and nonresidential structures;
(c) To develop and submit to the general assembly and local governments
recommendations for uniform housing standards and building codes;
(d) To promulgate rules establishing standards for the installation and setup
of manufactured housing units;
(e) To promulgate rules establishing specific standards for the use of private
inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions.
(f) To promulgate rules establishing standards for tiny homes that cover the
manufacture of, assembly of, and installation of tiny homes;
(g) To promulgate uniform foundation construction standards for
manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and
(h) On or before July 1, 2026, to adopt rules:
(I) (A) Establishing regional building code standards accounting for local
climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;
(B) The regional building codes standards shall include, at a minimum, wind
shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.
(II) Establishing requirements based on the recommendations developed by
the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division;
(III) Establishing requirements based on the recommendations developed by
the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities;
(A) A building contractor, as defined in section 30-11-125 (1)(a), is not
required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and
(B) A building contractor, as defined in section 30-11-125 (1)(a), licensed by a
local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government;
(IV) Covering electrical or plumbing codes required to undertake or complete
the construction or installation of a factory-built structure;
(V) Allowing the division to contract for third-party review and approval of a
final design and construction plan for a factory-built structure on behalf of the division;
(VI) Allowing the division to create a process for vetting and approving the
ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and
(VII) Requiring the division to cause an audit to be performed on a third party
that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.
Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:
IP(1), (1)(c), and (1)(e) amended, (HB 21-1019), ch. 122, p. 468, � 4, effective September 7. L. 2022: (1)(d) amended and (1)(f) and (1)(g) added, (HB 22-1242), ch. 172, p. 1120, � 4, effective August 10. L. 2025: (1)(f) and (1)(g) amended and (1)(h) added, (SB 25-002), ch. 172, p. 714, � 6, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1
of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 24-32-3305
24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:
(a) The safety of factory-built structures;
(b) The safety of consumers purchasing manufactured homes or tiny homes;
(c) The safety of installations;
(d) The safety of hotels, motels, and multifamily structures in areas of the
state where no construction standards for hotels, motels, and multifamily structures exist.
(e) The implementation of sections 24-32-3328 and 24-32-3329; and
(f) The safety of foundation systems for manufactured homes, tiny homes,
and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.
(2) Rules promulgated by the board must include provisions imposing
requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.
(3) (a) Except when adopting an energy code pursuant to subsection (3.5) of
this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:
(I) One from architecture;
(II) One from structural engineering;
(III) Four from building code enforcement, representing a local building
department from each of the following climate zones across the state:
(A) One from climate zone 4;
(B) One from climate zone 5;
(C) One from climate zone 6; and
(D) One from climate zone 7;
(IV) Repealed.
(V) One licensed electrician who may be employed by the department of
regulatory agencies;
(VI) One licensed plumber who may be employed by the department of
regulatory agencies;
(VII) Repealed.
(VIII) Three from factory-built structure construction representing the
following occupancy classifications:
(A) One from the international residential code for one- and two-family
dwellings;
(B) One from the international building code for residential structures; and
(C) One from the international building code for factory and industrial
structures;
(IX) One from the tiny home industry;
(X) One from energy conservation;
(XI) One from organized labor.
(XII) One developer specializing in the use of factory-built structures in
projects;
(XIII) One from climate resiliency;
(XIV) One registered installer;
(XV) One registered seller; and
(XVI) One individual representing emergency services or management.
(b) Committee members are reimbursed for actual and necessary expenses
incurred while engaged in official duties.
(c) (I) The advisory committee shall develop regional building codes
standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.
(II) The regional building codes standards shall include, at a minimum, wind
shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.
(d) (I) The advisory committee shall develop implementation requirements,
including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and
(II) The advisory committee shall develop implementation requirements,
including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.
(e) During the 2026 legislative session, the department of local affairs shall
present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.
(3.3) Repealed.
(3.5) (a) (I) On or before January 1, 2025, the division shall adopt and enforce
an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(II) On or before January 1, 2030, the division shall adopt and enforce an
energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(b) Nothing in this subsection (3.5) establishes standards applicable to
manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.
(c) Notwithstanding any other provision of this subsection (3.5), the division
may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(d) Nothing in this subsection (3.5) restricts the ability of an investor-owned
utility with approval from the public utilities commission to:
(I) Provide incentives or other energy efficiency program services to help the
division or builders comply with the requirements of this subsection (3.5); or
(II) Earn shareholder incentives and claim credits toward its regulatory
requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5).
(e) A utility not subject to regulation by the public utilities commission may
provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5).
(f) (I) A utility may count mass-based emissions reductions associated with
the requirements of this subsection (3.5) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(II) A utility subject to regulation by the public utilities commission shall not
count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(4) The division must enforce the provisions of this part 33 and the rules
adopted pursuant thereto.
(5) The division may act as agent for the federal government for the
enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.
(6) Any future statewide adopted codes contemplated in statute must be
vetted through the advisory committee for consideration for adoption by the board.
Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:
IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, � 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, � 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, � 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, � 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, � 7, effective May 8.
Editor's note: (1) Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.
(2) Subsection (6) was numbered as (4) in SB 25-002 but has been
renumbered on revision for ease of location.
Cross references: For the legislative declaration in SB 25-002, see section 1
of chapter 172, Session Laws of Colorado 2025.
C.R.S. § 24-32-3317
24-32-3317. Installation of manufactured homes and tiny homes - authorization - certificates - inspections - inspector qualification and education requirements - rules. (1) Before beginning an installation, the owner or registered installer of a manufactured home or tiny home must submit a request to the division and receive an installation authorization from the division on a division-approved form, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor, in which case the owner or registered installer is to follow the local government's process for receiving authorization to install a manufactured home or tiny home.
(2) The division may certify any installer who provides evidence of five or
more installations of manufactured homes or tiny homes performed by the installer for which installation authorizations have previously been issued in accordance with this section when, in the judgment of the division, the installer has demonstrated the ability to successfully complete installations in accordance with this part 33.
(2.3) An installer certified by the division is not required to obtain an
installation authorization from the division, but a certified installer is required to obtain authorization to install a manufactured home or tiny home from any local government participating as an independent contractor. For any installation occurring within the jurisdiction of a local government not participating as an independent contractor, the certified installer, upon completion of the installation in accordance with this part 33 and board rules, shall affix on the manufactured home or tiny home an installation insignia issued by the division.
(2.5) The division or independent contractor will affix an installation insignia
upon passing an inspection of an installation that was completed in accordance with the requirements of this part 33 and board rules. A local government participating as an independent contractor is to authorize, inspect, and certify all installations occurring in its jurisdiction on behalf of the division, including any performed by a certified installer.
(2.7) Any installations certified on behalf of the division by a certified
installer or independent contractor must be reported to the division in a manner specified by the division.
(2.9) The division or an independent contractor at the request of the division
may, at the division's sole discretion, inspect an installation performed by a certified installer and may require the certified installer to correct, within a period established by rule promulgated by the board, any defects or deficiencies in the installation. The division may revoke the certification of any installer when, in the judgment of the division, the installer has performed an installation in violation of this part 33 or board rules adopted under this part 33. Any installer whose certification has been so revoked may apply for recertification in accordance with rules promulgated by the division.
(3) (a) The division may fine a registered installer or suspend or revoke the
registration of a registered installer if the installer fails to:
(I) Comply with the registration requirements of section 24-32-3315; or
(II) Otherwise pay to the owner or occupant of a manufactured home or tiny
home:
(A) The cost of an inspection that fails to meet the requirements of the
manufacturer's instructions or the standards promulgated by the division or any subsequent required inspection;
(B) The cost of any subsequent repairs that are necessary to bring the
installation into compliance with the manufacturer's instructions or the standards promulgated by the division; or
(C) A refund of any money paid up front that did not result in a complete
installation by the installer or that was used to pay a different registered installer to complete the installation.
(b) (I) A financial institution or authorized insurer is required to make
payment to the division when the division makes a claim against the letter of credit, certificate of deposit, or surety bond:
(A) If a court of competent jurisdiction has rendered a final judgment in favor
of the division based on a finding that the registered installer failed to perform on the installation as required by this part 33 or board rules; or
(B) If the registered installer ceases business operations or files for
bankruptcy.
(II) The division may suspend or revoke the registration of any installer who
fails to provide a letter of credit, certificate of deposit, or surety bond as required by section 24-32-3315 (2) and (6) or who otherwise fails to pay any judgment by a court of competent jurisdiction in favor of the division.
(c) The division may also take enforcement action on the registration of an
installer for failing to comply with any other installation requirements contained in this part 33 and any board rules.
(4) An owner or a registered installer must display an installation
authorization at the site at which a manufactured home or tiny home is to be installed until an installation insignia is issued by the division or independent contractor, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor. If the local government is an independent contractor, the owner or registered installer shall follow the local government's process for identifying a manufactured home or tiny home to be installed until the division's installation insignia is issued by the local government.
(5) (a) The division shall adopt rules that specify a standard form to be used
statewide by the division or an independent contractor as a certificate of installation certifying that a manufactured home or tiny home was installed in compliance with this part 33. However, the certificate of installation applies only to an installation of a manufactured home or of a tiny home. The certificate of installation must include the following:
(I) The name, address, and telephone number of the division;
(II) The date the installation was completed; and
(III) The name, address, telephone number, and registration number of the
registered installer who performed the installation.
(b) If a vacant manufactured home or tiny home fails an installation
inspection because of conditions that endanger the health or safety of the occupant, the manufactured home or tiny home cannot be occupied until the defects or deficiencies that form the basis of the failed inspection are corrected. If a manufactured home or tiny home fails an installation inspection because of conditions that do not endanger the health or safety of the occupant, the manufactured home or tiny home may be occupied pending the correction of those defects or deficiencies that served as the basis of the failed inspection.
(6) In addition to inspections performed pursuant to subsection (2.9) of this
section, the division or the independent contractor that performs inspections and enforcement of proper installations may inspect an installation upon request filed by the owner, installer, manufacturer, or seller. The party requesting the inspection must pay for the inspection.
(7) If an installation fails the inspection conducted by the division or the
independent contractor and the division or the independent contractor determines that the installer has failed to comply with the manufacturer's instructions or violated any of the installation standards promulgated by the division, the installer shall reimburse the party requesting the inspection for the cost of the failed inspection and pay for any subsequent repairs necessary to bring the installation into compliance with the manufacturer's instructions or standards promulgated by the division. The installer shall also pay for any subsequent inspections required by the division or the independent contractor. Failure of the installer to pay for any inspections or subsequent repairs deemed necessary by the division or the independent contractor results in the forfeiture of the installer's performance bond on behalf of the owner.
(8) (a) The division may authorize an independent contractor to perform
inspections and enforcement of proper installations.
(b) (I) The division shall provide training for independent contractors to
perform installation inspections. The training must enable independent contractors who successfully complete the training to be certified by the division. Independent contractors must be certified by the division to perform installation inspections.
(II) The division may accept gifts, grants, or donations for the training of
independent contractors. The division shall transmit any gifts, grants, or donations it receives to the state treasurer for deposit in the building regulation fund created in section 24-32-3309.
(c) The division shall establish by rule the qualifications of an inspector and
the areas of expertise necessary for inspecting manufactured homes or tiny homes. A new inspector must pass a division-approved installation test. The qualifications for an inspector include those of a professional civil engineer, local housing inspector, or independent contractor. Inspectors shall also complete and maintain records of the completion of division-approved education as established by the board by rule.
(9) If an installation or subsequent repair of an installation fails to comply
with the manufacturer's instructions or meet the standards promulgated by the division within a period determined by the division, the division shall investigate the actions of the installer. The division may revoke, suspend, or refuse to renew the registration or certification of the installer for failing to comply with the manufacturer's instructions or the division's standards regarding an installation. Any independent contractor that knows of an installer whose installations have failed inspection and have not been cured by subsequent repair shall request that the division investigate the installer.
(10) The board shall adopt rules concerning:
(a) A standard installer inspection form to be used statewide by the division
or an independent contractor that performs manufactured home installation inspection and enforcement activities;
(b) Certification requirements for independent contractors to use to inspect
installations;
(c) Proper installation inspection and enforcement standards;
(d) A standard certificate of installation to be used statewide by the division;
and
(e) Any other matter necessary for the implementation of the installation
requirements in this part 33.
Source: L. 2003: Entire part added, p. 542, � 2, effective March 5. L. 2007:
IP(5)(a) amended, p. 435, � 3, effective August 3. L. 2008: (8) amended, p. 1740, � 4, effective June 2. L. 2009: (6) amended, (HB 09-1171), ch. 95, p. 361, � 2, effective April 3. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 476, � 18, effective September 7. L. 2022: (1), (2), (2.3), (2.9), IP(3)(a), IP(3)(a)(II), (3)(a)(II)(C), (3)(b), (4), IP(5)(a), (5)(b), (6), (7), (8), (9), IP(10), and (10)(e) amended, (HB 22-1242), ch. 172, p. 1126, � 14, effective August 10.
C.R.S. § 24-32-3501
24-32-3501. Peace officers behavioral health support and community partnerships grant program - created - report - rules - fund - definitions - repeal. (1) There is created in the department of local affairs, referred to in this section as the department, the peace officers behavioral health support and community partnerships grant program to provide grants to law enforcement agencies, behavioral health entities, county or district public health agencies, community-based social service and behavioral health providers, peace officer organizations, and public safety agencies for the purposes identified in subsection (2) of this section.
(2) Grant recipients may use money received through the grant program for
the following purposes:
(a) Co-responder community responses;
(b) Community-based alternative responses;
(c) Counseling services for peace officers and their immediate family
members, including reimbursing peace officers who have paid the costs of their own counseling services;
(d) Assistance for law enforcement agencies' development and
implementation of policies to support peace officers who are involved in a shooting or a fatal use of force;
(e) Training and education programs that teach peace officers and their
immediate family members the symptoms of job-related mental trauma and how to prevent and treat such trauma;
(f) Peer support programs for peace officers; and
(g) Hiring, contracting, or developing a remote network to provide behavioral
health counseling, therapy, or other related support services to peace officers involved in job-related traumatic situations.
(2.5) (Deleted by amendment, L. 2021.)
(3) Public safety agencies, law enforcement agencies, and peace officer
organizations that apply for grants pursuant to subsection (2) of this section are encouraged to do so, to the extent possible, in collaboration with the community mental health centers and other community-based social service or behavioral health providers in their regions.
(4) The department shall administer the grant program and, subject to
available appropriations, shall award grants as provided in this section from the fund created in subsection (7) of this section. The department shall transfer the awarded grant money to a grant recipient as soon as practicable after the grant recipient's grant application is approved.
(5) The executive director of the department, or the executive director's
designee, shall develop policies and procedures as may be necessary to implement and administer the grant program. At a minimum, the policies and procedures must specify:
(a) The time frames for applying for grants, the form of the grant program
application, and the time frames for distributing grant money;
(b) The criteria for the department to use in awarding and denying grants;
(c) That a public safety agency may apply for a grant for the purpose
outlined in subsection (2)(a) or (2)(b) of this section;
(d) That a law enforcement agency or peace officer organization may apply
for a grant for the purposes outlined in subsections (2)(a) to (2)(f) of this section; and
(e) That a behavioral health entity, county or district public health agency, or
community-based social service or behavioral health provider may apply for a grant in partnership with a law enforcement agency or public safety agency for the purposes outlined in subsection (2)(a) or (2)(b) of this section.
(6) (a) In accordance with a schedule to be determined pursuant to policies
and procedures developed by the executive director of the department, each grant recipient shall submit to the department a report that describes and includes documentation of the grant recipient's use of the grant money. The report must also include any information required by the department pursuant to the policies or procedures developed by the department pursuant to subsection (5) of this section. In preparing the report, each grant recipient shall redact the names and any other personal identifying information of each peace officer who received services, training, or education with grant money.
(b) (I) Repealed.
(II) Beginning with the 2023 regular legislative session and each year
thereafter, the department shall prepare a report of the activities of the grant program and post the report on its website.
(7) (a) The peace officers behavioral health support and community
partnership fund, referred to in this section as the fund, is created in the state treasury. The fund consists of gifts, grants, and donations credited to the fund pursuant to subsection (7)(b) of this section and any other money that the general assembly may appropriate or transfer to the fund. Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purposes of this section. Any unexpended and unencumbered money from an appropriation made for the purposes of this section remains available for expenditure by the department for the next two fiscal years without further appropriation. The department may use up to seven percent of the money annually appropriated to the fund to pay the direct and indirect costs that the department incurs in administering the grant program.
(b) The department may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes of this section. The department shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(c) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains therein and shall not be credited or transferred to the general fund or any other fund.
(d) (Deleted by amendment, L. 2021.)
(e) (I) On June 30, 2025, the state treasurer shall transfer three million sixty-eight thousand six hundred thirty-four dollars from the fund to the general fund.
(II) This subsection (7)(e) is repealed, effective July 1, 2026.
(8) As used in this section, unless the context otherwise requires:
(a) Behavioral health entity means a behavioral health entity licensed
pursuant to article 27.6 of title 25.
(b) Community-based alternative response means a person-centered crisis
response to community members who are experiencing problems related to poverty, homelessness, behavioral health, food insecurity, and other social issues, that directs certain calls for police service to more appropriate support providers in lieu of a police response.
(c) Community-based social services and behavioral health providers
means providers of community-based alternative response and co-responder community response.
(d) Co-responder community response means a model of criminal justice
diversion that pairs law enforcement and behavioral health providers to intervene and respond to behavioral health-related calls for police service, utilizing the combined expertise of the law enforcement officer and behavioral health specialist to de-escalate situations and help link individuals with behavioral health issues to appropriate services.
(e) County or district public health agency means a county or district
public health agency created pursuant to section 25-1-506.
(f) Law enforcement agency means the Colorado state patrol, the Colorado
bureau of investigation, the department of corrections, the department of revenue, a county sheriff's office, a municipal police department, a campus police department, a town marshal's office, or the division of parks and wildlife.
(g) Peace officer organization means:
(I) A statewide association of police officers and former police officers; or
(II) An organization within the state that provides services and programs that
promote the mental health wellness of peace officers and that has at least one peace officer or former peace officer serving on its board of directors or in a comparable capacity.
(h) Public safety agency means an agency providing law enforcement, fire
protection, emergency medical, emergency response services, or emergency dispatch services in response to 911 calls, as defined in section 29-11-103 (3).
(9) In addition to any other money appropriated or transferred to the fund,
for state fiscal year 2022-23, the general assembly shall appropriate three million dollars from the general fund to the fund. The money appropriated pursuant to this section must be used for purposes described in subsections (2)(c) to (2)(g) of this section. This subsection (9) is repealed, effective July 1, 2026.
Source: L. 2017: Entire part added, (HB 17-1215), ch. 150, p. 507, � 3, effective
August 9. L. 2019: (1), (2), (3), (5), (6), and (7) amended and (2.5) and (10.5) added, (HB 19-1244), ch. 223, p. 2252, � 1, effective August 2. L. 2021: Entire section amended, (HB 21-1030), ch. 354, p. 2302, � 2, effective September 7. L. 2022: (2)(e), (2)(f), (4), and (7)(a) amended and (2)(g) and (9) added, (SB 22-005), ch. 277, p. 1998, � 2, effective May 31. L. 2024: (6)(b)(II) amended, (SB 24-135), ch. 34, p. 112, � 18, effective March 22. L. 2025: (7)(e) added, (SB 25-264), ch. 129, p. 501, � 17, effective April 25.
Editor's note: Subsection (6)(b)(I) provided for the repeal of subsection
(6)(b)(I), effective November 1, 2021. (See L. 2021, p. 2302.)
Cross references: For the legislative declaration in HB 21-1030, see section 1
of chapter 354, Session Laws of Colorado 2021. For the legislative declaration in SB 22-005, see section 1 of chapter 277, Session Laws of Colorado 2022.
C.R.S. § 24-32-724
24-32-724. Fort Lyon property - supportive residential community - definitions - repeal.
(1) Repealed.
(2) (a) A portion of the Fort Lyon property is designated as a supportive
residential community for the homeless for the purpose of providing substance abuse supportive services, medical care, job training, and skill development for the residents.
(b) (I) The division of housing shall enter into a contract with a private
contractor to establish the residential community. The contractor selected by the division must be experienced in providing statewide integrated housing, health care, and supportive service programs for homeless individuals.
(II) The division shall subtract an amount equal to three percent of the bid
price from the bid of each contractor that certifies through employment records that at least fifteen percent of employees who will perform the requirements of the contract were employed as correctional officers or as other employees at the Fort Lyon correctional facility within the last five years.
(3) The general assembly may enact legislation to repeal this section
following its review of the study prepared in accordance with section 24-32-725.
Source: L. 2013: Entire section added, (SB 13-210), ch. 261, p. 1378, � 3,
effective August 7. L. 2016: (1) repealed and (3) added, (HB 16-1411), ch. 154, p. 477, � 3, effective May 4.
Cross references: For the legislative declaration in HB 16-1411, see section 1
of chapter 154, Session Laws of Colorado 2016.
C.R.S. § 24-32-730
24-32-730. Ridge View Supportive Residential Community at the Ridge View campus - report - legislative declaration. (1) Legislative declaration. (a) The general assembly hereby finds, determines, and declares that:
(I) As the United States department of housing and urban development
stated after the passage of the American Rescue Plan Act of 2021, the COVID-19 pandemic has exacerbated our nation's already severe housing affordability crisis;
(II) Today, one in five renters is behind on rent and just over ten million home
owners are behind on mortgage payments;
(III) People of color face even greater hardships and are more likely to have
deferred or missed payments, putting them at a greater risk of eviction and foreclosure;
(IV) At the same time, our nation's homelessness crisis has worsened during
the pandemic, as people experiencing homelessness are highly vulnerable to COVID-19 transmission, illness, and severity due to their use of congregate shelters and their high prevalence of underlying health conditions;
(V) Colorado is no exception, as the COVID-19 pandemic has hit low- and
extremely low-income individuals and families who were already severely cost-burdened, increasing their risk of experiencing homelessness or inability to resolve their homelessness;
(VI) In the Denver metro area alone, shelters saw a ninety-nine percent
increase in people experiencing homelessness for the first time from January 2020 to January 2021; and
(VII) The number of deaths due to overdose among people experiencing
homelessness in the city and county of Denver increased by thirty-four percent from 2020 to 2021.
(b) The general assembly further finds and declares that:
(I) The Ridge View campus, that formerly operated as the Ridge View Youth
Services Center, is no longer being used as of July 1, 2021, and the state has the opportunity to repurpose the campus to ensure that it continues to support Coloradans most in need;
(II) Converting the Ridge View campus into a recovery-oriented community
for individual adults without stable housing who wish to focus on recovery from a substance use disorder will provide low-barrier access to comprehensive care and treatments and will allow people to recover and heal in a safe and stable environment;
(III) The Ridge View Supportive Residential Community at the Ridge View
campus will include multiple components to provide comprehensive support across a continuum of substance use recovery treatments and programming, and the goal will be to have individuals leave the Ridge View Supportive Residential Community in active recovery and improved health so they can transition to stable housing and community-based supports, as well as employment where possible;
(IV) While the Ridge View campus will serve an important need as a
recovery-oriented community pursuant to this section, the state continues to experience a youth mental health crisis. Colorado remains committed to addressing the behavioral health crisis through collaboration across state government to ensure that children have access to the care they need in the most appropriate setting.
(V) Providing support and programming pursuant to this section at the Ridge
View Supportive Residential Community is an important government service.
(2) Administration. (a) Beginning July 1, 2022, the Ridge View campus is
designated as a supportive residential community for people experiencing homelessness that shall be known as the Ridge View Supportive Residential Community. The purpose of the Ridge View Supportive Residential Community is to provide transitional housing, a continuum of behavioral health services and treatment, medical care, vocational training, and skill development for the residents and the general public. The department of human services shall transfer ownership of all or part of the Ridge View campus to the department of personnel for use by the division of housing for the purposes of this section. The department of human services may retain ownership of any vacant portion of the Ridge View campus that is not required for the purposes specified in this section and use, or allow another state agency to use, any such portion of the Ridge View campus for any other lawful purpose.
(b) The division, in collaboration with the behavioral health administration,
created in part 2 of article 60 of title 27, and the department of human services, shall develop a feasible master plan for the redevelopment and operation of the Ridge View campus into the Ridge View Supportive Residential Community, including a financial plan for start-up and ongoing operational costs. The division shall enter into one or more contracts with public or private contractors to establish the community. The contractor or contractors selected by the division must be experienced in providing statewide integrated housing, health care, recovery treatment, and supportive service programs for people experiencing homelessness or similar populations.
(c) The Ridge View Supportive Residential Community shall provide food and
room and board to each individual while residing at the community at no cost to the individual.
(d) The department of human services, in partnership with the behavioral
health administration and the department of health care policy and financing, will work to ensure that youth bed capacity will be created elsewhere in a manner that most appropriately serves the mental health needs of Colorado's youth.
(3) Transitional housing program. (a) The Ridge View Supportive Residential
Community shall provide transitional housing for individual adults for up to two years with case management, care coordination, and vocational and housing placement assistance. In alignment with best practices, the transitional housing program shall provide case managers and peer supports at an average ratio of one case manager for every fifteen transitional housing residents.
(b) The transitional housing program shall:
(I) Focus on person-centered goal planning and care coordination;
(II) Connect individuals to permanent housing options in their community of
choice;
(III) Provide employment assistance such as career and technical education
and individual placement and support; and
(IV) Connect individuals to safety-net programs for which they are eligible,
such as SNAP, Medicaid, SSI, SSDI, TANF, housing voucher programs, and unemployment insurance benefits.
(4) Substance use recovery treatment and services. The Ridge View
Supportive Residential Community shall provide a continuum of care informed by American Society of Addiction Medicine standards, which shall be available to people coming from the transitional housing program and to the general public deemed to be in medical need of the care.
(5) Federally qualified health center. The Ridge View Supportive Residential
Community shall provide a federally qualified health center, as defined in the federal Social Security Act, 42 U.S.C. sec. 1395x (aa)(4), or other primary care clinic, at which people have access to medical treatments that help facilitate recovery, including medical and dental care and a continuum of behavioral health services. The health center and all treatment services provided by the center shall be accessible to people in the transitional housing program and to members of the general public deemed to be in medical need of the treatment.
(6) Eligibility (a) To be eligible to reside in and receive services at the
transitional housing program, an individual must be:
(I) Experiencing homelessness or be at risk of experiencing homelessness;
(II) Choosing to focus on recovery voluntarily; and
(III) In a position where it is medically safe for the individual to be in
transitional housing.
(b) The Ridge View Supportive Residential Community shall prioritize access
for individuals based on need, the length of time the individual has been experiencing homelessness, with priority for individuals who have been experiencing homeless for the longest period, and the frequency with which the individual uses public systems, with priority for individuals who are the most frequent users of such systems.
(7) Referral coordination. The organization or organizations that administer
the Ridge View Supportive Residential Community shall work with local providers across the state to set up a referral system for clients to live at the community. The referral system shall emphasize the criteria specified in subsection (6) of this section, coordinate transportation to and from the Ridge View Supportive Residential Community, and assist individuals in the transition back to the general community after residing at the Ridge View Supportive Residential Community.
(8) Source of money for repurposing the Ridge View campus. (a) For the
2022-23 state fiscal year, the general assembly shall appropriate forty-five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the division for the purposes of this section. Any money appropriated in the 2022-23 state fiscal year that is not encumbered or expended at the end of that state fiscal year remains available for expenditure by the division in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as specified in section 24-75-226 (4)(d).
(b) The division may use up to ten percent of the amount appropriated
pursuant to this section for its costs associated with administering the requirements of this section, including the requirements specified in subsection (2)(b) of this section.
(c) The division shall use up to ten percent of the amount appropriated
pursuant to subsection (8)(a) of this section for its costs in connection with transportation.
(9) Reporting requirement. (a) The division shall comply with the
compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(b) In addition to the reporting requirements specified in subsection (9)(a) of
this section, the division shall prepare an annual report regarding the operations of the Ridge View Supportive Residential Community, including an update on the implementation of this section, the success of the programs required by subsections (3), (4), and (5) of this section, the number of people who have received services at the Ridge View Supportive Residential Community, the contractors that the division selected to establish and operate the Ridge View Supportive Residential Community pursuant to subsection (2)(b) of this section, and any other information deemed relevant by the division. The division shall submit the report to the committees of reference of the senate and the house of representatives that have oversight over local affairs. In addition, the division shall update its committee of reference as a part of its presentation at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, regarding the implementation of this section and the operation of the Ridge View Supportive Residential Community. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9)(b) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-211), ch. 288, p. 2059, � 2,
effective May 31. L. 2024: (3)(b)(III) amended, (HB 24-1450), ch. 490, p. 3417, � 47, effective August 7.
C.R.S. § 24-32-803
24-32-803. Duties of the office. (1) The office shall coordinate the activities of the various divisions within the department of local affairs for the purpose of:
(a) Cooperating with and providing technical assistance to local officials for
the orderly development of rural Colorado;
(b) Encouraging and, when requested, assisting local governments to
develop mutual and cooperative solutions to rural community development;
(c) Studying the legal provisions that affect rural development and
recommending to the governor and the general assembly such changes and provisions as may be necessary to encourage rural development;
(d) Serving as a clearinghouse for rural development information, including
state and federal programs designed for rural development;
(e) Carrying out studies and continuous analyses of rural development in the
state with particular emphasis on its effect on population dispersion and economic opportunity;
(f) Encouraging and assisting, when requested, local governments to
develop mutual and cooperative solutions to rural community development;
(g) Contracting with the federal government or any agency or
instrumentality thereof and receiving any grants or moneys therefrom for purposes of rural development in Colorado.
Source: L. 73: p. 190, � 1. C.R.S. 1963: � 3-36-3.
C.R.S. § 24-33-104
24-33-104. Composition of the department. (1) The department of natural resources consists of the following commissions, divisions, boards, offices, and councils:
(a) The Colorado water conservation board;
(b) (Deleted by amendment, L. 2000, p. 556, � 4, effective July 1, 2000.)
(c) The state board of land commissioners, subject to the provisions of
sections 9 and 10 of article IX of the state constitution;
(d) The division of reclamation, mining, and safety, the head of which shall be
the director of the division of reclamation, mining, and safety. The director of the division shall also serve as the head of the office of active and inactive mines or the office of mined land reclamation. The director of the division shall have professional and supervisory experience in mining, reclamation, oil and gas, geology, or natural resource planning and management and shall have a college degree from an accredited college or university in mining engineering, petroleum engineering, geological engineering, geology, or related natural/physical sciences, or mineral economics. The division shall consist of the following sections:
(I) (Deleted by amendment, L. 92, p. 1919, � 3, effective July 1, 1992.)
(II) The office of active and inactive mines;
(III) and (IV) Repealed.
(V) The office of mined land reclamation.
(VI) (Deleted by amendment, L. 2005, p. 1463, � 2, effective July 1, 2005.)
(VII) Repealed.
(e) The division of water resources, the head of which is the state engineer.
The division consists of the following sections:
(I) The office of the state engineer;
(II) The division engineers;
(III) The ground water commission;
(IV) The state board of examiners of water well and ground heat exchanger
contractors.
(V) Repealed.
(f) The energy and carbon management commission created in section 34-60-104.3 (1);
(g) Repealed.
(h) The division of parks and wildlife and the parks and wildlife commission;
(i) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1383, � 4,
effective July 1, 2011.)
(j) (Deleted by amendment, L. 92, p. 1919, � 3, effective July 1, 1992.)
(k) The division of forestry.
(2) Repealed.
Source: L. 57: p. 124, � 2. CRS 53: � 3-15-4. L. 63: p. 140, � 1. C.R.S. 1963: � 3-15-4. L. 67: pp. 697, 838, �� 13, 2. L. 68: p. 128, � 141. L. 69: p. 867, � 3. L. 72: p. 321,
� 1. L. 75: (1)(d)(III) repealed, p. 216, � 48, effective July 16. L. 77: (1)(d)(IV) repealed and IP(1)(d) and (1)(d)(II) amended, pp. 282, 1130, �� 37, 38, 2, effective July 1. L. 81: (1)(d)(II) amended, p. 1665, � 18, effective June 30. L. 87: (1)(e)(IV) amended, p. 1581, � 36, effective July 10. L. 88: (1)(d)(I) amended, p. 1199, � 8, effective May 3; (1)(j) added and (2) repealed, p. 1215, �� 15, 16, effective July 1. L. 91: (1)(e)(V) repealed, p. 885, � 7, effective June 5. L. 92: (1)(d), (1)(g), and (1)(j) amended, p. 1919, � 3, effective July 1. L. 2000: (1)(b) amended and (1)(k) added, p. 556, � 4, effective July 1. L. 2003: (1)(d)(VII) repealed, p. 1961, � 5, effective May 22. L. 2005: (1)(d)(VI) and (1)(g) amended, p. 1463, � 2, effective July 1. L. 2006: IP(1)(d) amended, p. 213, � 2, effective August 7. L. 2010: (1)(k) amended, (HB 10-1223), ch. 41, p. 165, � 3, effective August 11. L. 2011: IP(1), (1)(h), and (1)(i) amended, (SB 11-208), ch. 293, p. 1383, � 4, effective July 1. L. 2012: IP(1) and (1)(h) amended, (HB 12-1317), ch. 248, p. 1203, � 7, effective June 4; (1)(g) amended, (HB 12-1355), ch. 247, p. 1196, � 4, effective June 4. L. 2023: (1)(f) amended, (SB 23-285), ch. 235, p. 1253, � 23, effective July 1. L. 2025: IP(1)(e) and (1)(e)(IV) amended, (HB 25-1165), ch. 257, p. 1321, � 30, effective August 6.
Editor's note: (1) Subsections (1)(d)(III) and (1)(d)(IV) were repealed July 16,
1975, and June 29, 1977, respectively, prior to the entire subsection (1)(d) being amended July 1, 1992.
(2) Subsection (1)(g)(II) provided for the repeal of subsection (1)(g), effective
January 31, 2013. (See L. 2012, p. 1196.)
Cross references: For the legislative declaration in the 2011 act amending
the introductory portion to subsection (1) and subsections (1)(h) and (1)(i), see section 1 of chapter 293, Session Laws of Colorado 2011. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 24-33-205
24-33-205. Management of state forest lands. (1) The department of natural resources and its divisions that own forested land, in consultation and cooperation with the state forester, shall actively manage all forested state lands, consistent with applicable laws and state best management practices, using the range of management options appropriate to the given forest ecosystem, to:
(a) Reestablish natural forest conditions;
(b) Reduce the threat of large, high-intensity wildfires;
(c) Sustain and promote natural habitat consistent with healthy forest
conditions; and
(d) Protect and restore watersheds.
Source: L. 2003: Entire section added, p. 2508, � 2, effective August 6.
PART 3
COLORADO COORDINATION COUNCIL
24-33-301 to 24-33-304. (Repealed)
Editor's note: (1) Section 24-33-304 provided for the repeal of this part 3,
effective July 1, 2013. (See L. 2004, p. 1200.)
(2) This part 3 was added in 2003. For amendments to this part 3 prior to its
repeal in 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
ARTICLE 33.5
Public Safety
Cross references: For parole guidelines, see � 17-22.5-404; for the authority
of the judicial department to develop, administer, and operate a home detention program or to contract with the division of criminal justice of the department of public safety for the utilization of home detention programs contracted for by that division, see � 17-27.8-104.
PART 1
DEPARTMENT OF PUBLIC SAFETY
24-33.5-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) The various agencies of this state concerned with public safety have
functioned independently and without central direction or focus;
(b) Consolidation of these agencies under a single department would provide
the state with greater responsibility for and direction of the several aspects of the public safety system without creating a new bureaucracy; and
(c) The several state agencies thus brought together would benefit from
such an association.
Source: L. 83: Entire article added, p. 918, � 1, effective July 1, 1984.
24-33.5-102. Definitions. As used in this article 33.5, unless the context
otherwise requires:
(1) County means any county in this state and includes a city and county.
(1.5) Department means the department of public safety.
(2) Executive director means the executive director of the department.
(3) ICON means the computerized database of court records known as the
integrated Colorado online network used by the state judicial department.
(4) Repealed.
(5) Mass shooting means a shooting in which at least four people, other
than the individual or individuals alleged to have committed the shooting, are injured or killed with a firearm by the individual or individuals alleged to have committed the shooting.
Source: L. 83: Entire article added, p. 918, � 1, effective July 1, 1984. L. 2001:
(3) added, p. 613, � 3, effective May 30. L. 2007: (1) amended and (1.5) and (4) added, p. 1395, � 1, effective May 30. L. 2022: IP amended and (4) repealed, (SB 22-187), ch. 245, p. 1825, � 2, effective August 10. L. 2025: (5) added, (SB 25-059), ch. 69, p. 302, � 1, effective August 6.
24-33.5-103. Department created - divisions. (1) There is hereby created
the department of public safety, the head of which shall be the executive director of the department of public safety, which office is hereby created. The executive director shall be appointed by the governor with the consent of the senate and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director has those powers, duties, and functions prescribed for the heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
(2) The department consists of the following divisions:
(a) Colorado state patrol;
(b) Repealed.
(c) Colorado bureau of investigation;
(d) Division of criminal justice;
(e) Repealed.
(f) (Deleted by amendment, L. 2002, p. 1205, � 2, effective June 3, 2002.)
(g) Repealed.
(h) Division of homeland security and emergency management; and
(i) Division of fire prevention and control.
(3) The executive director shall prepare and transmit annually, in the form
and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department and the divisions thereof.
(4) Publications by the executive director circulated in quantity outside the
executive branch shall be issued in accordance with the provisions of section 24-1-136.
(5) The executive director may appoint the deputy director of the
department of public safety pursuant to section 13 of article XII of the state constitution. Subject to the supervision of the executive director, the deputy director has the same powers, duties, and responsibilities of the executive director as provided by law and shall exercise such powers, duties, and responsibilities in the absence of the executive director and when so instructed by the executive director.
Source: L. 83: Entire article added, p. 919, � 1, effective July 1, 1984. L. 84: (3)
and (4) amended, p. 678, � 3, effective July 1. L. 86: (1) amended, p. 887, � 15, effective May 23. L. 89: (2)(g) added, p. 1643, � 7, effective June 5. L. 92: (2)(e) repealed, p. 1043, � 8, effective March 12. L. 99: (2)(g) repealed, p. 438, � 8, effective April 30. L. 2000: (3) amended, p. 1548, � 14, effective August 2. L. 2002: (2)(f) amended and (2)(h) added, p. 1205, � 2, effective June 3. L. 2012: (5) added, (HB 12-1079), ch. 21, p. 56, � 2, effective May 16; IP(2) and (2)(h) amended, (2)(b) repealed, and (2)(i) added, (HB 12-1283), ch. 240, p. 1070, � 8, effective July 1.
Cross references: For the legislative declaration in the 2012 act amending
the introductory portion to subsection (2) and subsection (2)(h), repealing subsection (2)(b), and adding subsection (2)(i), see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-104. Duties of executive director. (1) The executive director shall:
(a) Exercise general supervisory control over and coordinate the activities,
functions, and employees of the department;
(b) Supervise the conduct of investigations into the activities of organized
crime and receive allocations of state, federal, or other funds made available for such purposes.
Source: L. 83: Entire article added, p. 919, � 1, effective July 1, 1984.
24-33.5-104.3. Executive director authority to repeal rules - repeal.
(Repealed)
Source: L. 2018: Entire section added, (HB 18-1087), ch. 32, p. 367, � 1,
effective August 8.
Editor's note: Subsection (2) provided for the repeal of this section, effective
July 1, 2019. (See L. 2018, p. 367.)
24-33.5-104.5. Powers of executive director - DNA evidence issues -
working group. (Repealed)
Source: L. 2008: Entire section added, p. 847, � 3, effective May 14. L. 2009:
(2) amended, (HB 09-1121), ch. 20, p. 103, � 2, effective March 18; (3) amended, (SB 09-241), ch. 295, p. 1577, � 4, effective July 1. L. 2014: (1)(c) added, (SB 14-153), ch. 390, p. 1963, � 14, effective June 6. L. 2020: Entire section repealed, (SB 20-136), ch. 70, p. 294, � 41, effective September 14.
Cross references: For the legislative declaration in SB 20-136, see section 1
of chapter 70, Session Laws of Colorado 2020.
24-33.5-105. Transfer of functions. (1) The department shall, on and after
July 1, 1984, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the department of local affairs, the department of military affairs, and the state department of highways prior to July 1, 1984, concerning the duties and functions transferred to the department. On July 1, 1984, all employees of the department of local affairs, the department of military affairs, and the state department of highways whose principal duties are concerned with the duties and functions transferred to the department and whose employment in the department of public safety is deemed necessary by the executive director to carry out the purposes of this article shall be transferred to the department of public safety and shall become employees thereof. Such employees shall retain all rights to state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules and regulations.
(2) Repealed.
(3) Whenever the department of local affairs, the department of military
affairs, or the state department of highways is referred to or designated by any contract or other document in connection with the duties and functions transferred to the department, such reference or designation shall be deemed to apply to the department of public safety. All contracts entered into by the said departments prior to July 1, 1984, in connection with the duties and functions transferred to the department are hereby validated, with the department of public safety succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the department of public safety for the payment of such obligations.
Source: L. 83: Entire article added, p. 919, � 1, effective July 1, 1984. L. 2006:
(2) repealed, p. 144, � 19, effective August 7.
24-33.5-106. Witness protection board - creation - Javad Marshall-Fields
and Vivian Wolfe witness protection program - witness protection fund - repeal. (1) There is hereby created in the department of public safety the witness protection board, which shall consist of the attorney general, the executive director of the department of public safety, and the executive director of the Colorado district attorneys council or their respective designees.
(2) The witness protection board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the
department of public safety.
(3) The board shall create a witness protection program that shall be
referred to as the Javad Marshall-Fields and Vivian Wolfe witness protection program, through which the board may fund or provide for the security and protection of a prosecution witness or potential prosecution witness during or subsequent to an official proceeding or investigation that involves great public interest or as a result of which the board determines that an offense such as intimidating a witness as described in section 18-8-704 or 18-8-705, C.R.S., tampering with a witness as described in section 18-8-707, C.R.S., or retaliating against a witness as described in section 18-8-706, C.R.S., is likely to be committed. The board may also fund or provide for the security and protection of the immediate family of, or a person otherwise closely associated with, such witness or potential witness if the family or person may also be endangered.
(4) In connection with the security and protection of a witness, a potential
witness, or an immediate family member or close associate of a witness or potential witness, the board may fund any action the board determines to be necessary to protect such person from bodily injury or to assure the person's health, safety, and welfare for as long as, in the judgment of the board, such danger exists. In an emergency situation requiring immediate attention, any member of the board is authorized to distribute an amount not to exceed five hundred dollars in order to protect a witness, a potential witness, or an immediate family member or close associate of a witness or potential witness.
(5) Any district attorney or the attorney general may request funding from
the board for the purpose of providing witness security and protection, or for contracting or arranging for security provided by other local, state, or federal agencies such as the United States marshal's service. Requests shall be made and approved in a timely and equitable manner as established by the board.
(6) (a) Any money distributed by the board shall be made from the witness
protection fund, which fund is created in the state treasury. The general assembly may make appropriations from the general fund for purposes of the witness protection program when the witness protection board demonstrates that there is a need to replenish the fund. In order to receive consideration for additional appropriations to the witness protection fund, the witness protection board shall submit information to the general assembly detailing how much money has been allocated out of the fund in the prior year, how many witnesses have received witness security and protection from allocations out of the fund, and how many requests for witness security and protection are anticipated in the next fiscal year. The department of public safety is authorized to accept, receive, use, and expend gifts, grants, donations, services, or assistance from any source to provide for the security or protection of a witness as specified in this section. All interest derived from the deposit and investment of money in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund shall remain therein and shall not be credited or transferred to the general fund or any other fund.
(b) (I) Notwithstanding any provision of this subsection (6) to the contrary, on
June 30, 2025, the state treasurer shall transfer two hundred thousand dollars from the witness protection fund to the general fund.
(II) This subsection (6)(b) is repealed, effective July 1, 2026.
(7) The state, the witness protection board, and the individual board
members shall not be liable for injury or damages in any civil action brought by or on behalf of any person who was provided or denied security and protection pursuant to this section.
(8) (a) The Colorado district attorneys and law enforcement agencies shall
provide at least annual training for district attorneys, victims' advocates employed in or working with law enforcement agencies, and law enforcement personnel related to witness protection. The witness protection board shall develop program materials, including a model witness protection risk assessment instrument, which shall be made available to Colorado's district attorneys and law enforcement agencies.
(b) Any witness protection curriculum developed by the witness protection
board shall be provided to the peace officers standards and training board. The peace officers standards and training board shall provide the training curriculum to any law enforcement agency upon request and may include the curriculum in the training it provides. Any law enforcement agency in the state that develops its own witness protection curriculum may provide the curriculum to the peace officers standards and training board which shall make that curriculum available to any law enforcement agency in the state upon request.
Source: L. 95: Entire section added, p. 1344, � 1, effective June 5. L. 98: (3)
amended, p. 1433, � 2, effective July 1. L. 2006: (3) amended and (8) added, p. 1299, � 1, effective July 1. L. 2008: (8) amended, p. 290, � 1, effective August 5. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3427, � 209, effective August 10. L. 2025: (6) amended, (SB 25-264), ch. 129, p. 501, � 18, effective April 25.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-106.5. Confidentiality of materials - definitions. (1) For purposes
of this section, unless the context otherwise requires:
(a) In camera review means an inspection of materials by the court, in
chambers, to determine what, if any, materials are discoverable. Any materials excised pursuant to a judicial order following the in camera review shall be sealed and preserved in the records of the court, to be made available to the appellate court in the event of an appeal.
(b) Materials means any records, claims, writings, documents, or
information.
(2) (a) Any materials received, made, or kept by a witness protection board,
the department, or a prosecuting attorney concerning a witness protection matter shall be confidential. The materials shall not be discoverable unless the court conducts an in camera review of the materials sought to be discovered and determines that the materials are necessary for the resolution of an issue then pending before the court. The attorney general acting on behalf of the witness protection board shall have standing in any action to oppose the disclosure of materials in the custody of the witness protection board.
(b) A person who knowingly or intentionally discloses confidential materials
in violation of the provisions of this subsection (2) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. Notwithstanding any provision of law to the contrary, a criminal prosecution brought pursuant to the provisions of this subsection (2) shall be brought within five years after the date upon which the violation occurred.
Source: L. 2007: Entire section added, p. 33, � 1, effective March 5.
24-33.5-107. Applications for licenses - authority to suspend licenses -
rules. (1) Every application by an individual for a license issued by the department or any authorized agent of the department shall require the applicant's name, address, and social security number.
(2) The department or any authorized agent of the department shall deny,
suspend, or revoke any license pursuant to the provisions of section 26-13-126, C.R.S., and any rules promulgated in furtherance thereof, if the department or agent thereof receives a notice to deny, suspend, or revoke from the state child support enforcement agency because the licensee or applicant is out of compliance with a court or administrative order for current child support, child support debt, retroactive child support, child support arrearages, or child support when combined with maintenance or because the licensee or applicant has failed to comply with a properly issued subpoena or warrant relating to a paternity or child support proceeding. Any such denial, suspension, or revocation shall be in accordance with the procedures specified by rule of the department, rules promulgated by the state board of human services, and any memorandum of understanding entered into between the department or an authorized agent thereof and the state child support enforcement agency for the implementation of this section and section 26-13-126, C.R.S.
(3) (a) The department shall enter into a memorandum of understanding with
the state child support enforcement agency, which memorandum shall identify the relative responsibilities of the department and the state child support enforcement agency in the department of human services with respect to the implementation of this section and section 26-13-126, C.R.S.
(b) The appropriate rule-making body of the department is authorized to
promulgate rules to implement the provisions of this section.
(4) For purposes of this section, license means any recognition, authority,
or permission that the department or any authorized agent of the department is authorized by law to issue for an individual to practice a profession or occupation or for an individual to participate in any recreational activity. License may include, but is not necessarily limited to, any license, certificate, certification, letter of authorization, or registration issued for an individual to practice a profession or occupation or for an individual to participate in any recreational activity.
Source: L. 97: Entire section added, p. 1281, � 23, effective July 1.
Editor's note: Section 51(2) of chapter 236, Session Laws of Colorado 1997,
provides that the act enacting this section applies to all orders whether entered on, before, or after July 1, 1997.
24-33.5-108. Statewide fire fighting resource database - creation.
(Repealed)
Source: L. 2001: Entire section added, p. 116, � 2, effective March 23. L. 2003:
(2)(b) amended, p. 705, � 27, effective July 1. L. 2012: Entire section repealed, (HB 12-1283), ch. 240, p. 1137, � 55, effective July 1.
Cross references: For the legislative declaration in the 2012 act repealing
this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-109. Cold case task force - creation - rules - repeal. (1) (a) There is
hereby created in the department of public safety the cold case task force, referred to in this section as the task force, to review general cold case homicide investigation tactics and practices.
(b) The task force is a type 2 entity, as defined in section 24-1-105, and
exercises its powers and perform its duties and functions under the department of public safety.
(2) The task force shall consist of sixteen members, as follows:
(a) The executive director of the department of public safety, or his or her
designee, who shall chair the task force;
(b) The attorney general, or his or her designee;
(c) Three district attorneys, or their designees, who shall be appointed by the
executive director of the Colorado district attorneys council, one of whom shall be from an urban judicial district, one of whom shall be from a suburban judicial district, and one of whom shall be from a rural judicial district;
(d) Two members who represent a statewide victims advocacy organization
and who shall be appointed by the governor;
(e) One sheriff and one police chief who shall be appointed by the speaker of
the house of representatives;
(f) One sheriff and one police chief who shall be appointed by the president
of the senate;
(g) Two representatives from victims' families who shall be appointed by the
speaker of the house of representatives;
(h) Two representatives from victims' families who shall be appointed by the
president of the senate; and
(i) A forensic pathologist who is appointed by the governor.
(3) (a) The members of the task force appointed pursuant to subsections
(2)(c) to (2)(i) of this section shall serve terms of three years; except that the terms shall be staggered so that no more than a minimum majority of the appointed members' terms expire in the same year.
(b) An appointed member shall not serve more than two consecutive full
terms, in addition to any partial term. In the event of a vacancy in an appointed position by death, resignation, removal for misconduct, incompetence, or neglect of duty, or otherwise, the appointing authority shall appoint a member within sixty days to fill the position for the remainder of the unexpired term.
(4) The members of the task force shall serve without compensation but are
entitled to reimbursement for actual and necessary expenses incurred in the performance of their duties pursuant to this section.
(5) The task force shall meet at least four times a year.
(6) The task force shall review cold case homicide investigation strategies
and practices and make recommendations on best practices.
(7) Members of the task force, employees, and consultants shall be immune
from suit in any civil action based upon any official act performed in good faith pursuant to this section.
(8) On or before October 1 each year, the task force shall report to the
judiciary committees of the senate and the house of representatives, or any successor committees, on the implementation of this section.
(9) (a) This section is repealed, effective September 1, 2026.
(b) Before its repeal, the department of regulatory agencies shall review the
task force in accordance with section 24-34-104.
Source: L. 2007: Entire section added, p. 1895, � 2, effective June 1. L. 2012:
IP(2), (2)(g), (2)(h), (3), and (9)(a) amended and (2)(i) added, (HB 12-1206), ch. 90, p. 293, � 1, effective April 12. L. 2019: (9) amended, (SB 19-163), ch. 213, p. 2221, � 1, effective August 2. L. 2022: (3), (5), and (8) amended, (SB 22-013), ch. 2, p. 49, � 61, effective February 25; (1)(b) amended, (SB 22-162), ch. 469, p. 3427, � 210, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33.5-110. Posting of notice of NIMS classes. (Repealed)
Source: L. 2008: Entire section added, p. 802, � 2, effective May 14. L. 2012:
Entire section repealed, (HB 12-1283), ch. 240, p. 1137, � 55, effective July 1.
Cross references: For the legislative declaration in the 2012 act repealing
this section, see section 1 of chapter 240, Session Laws of Colorado 2012.
24-33.5-111. Motor carrier safety assistance - study. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1113), ch. 244, p. 1083, � 2,
effective July 1. L. 2012: Entire section repealed, (HB 12-1019), ch. 135, p. 464, � 3, effective July 1.
24-33.5-112. State law enforcement agencies to provide identification
cards to retired peace officers upon request - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Law enforcement agency of the state means the department and any
agency that exists within the department and employs at least one peace officer, including but not limited to the Colorado state patrol created in part 2 of this article, the Colorado bureau of investigation created in part 4 of this article, and the division of criminal justice created in part 5 of this article.
(b) Peace officer means a certified peace officer described in section 16-2.5-102, C.R.S.
(c) Photographic identification means a photographic identification that
satisfies the description at 18 U.S.C. sec. 926C (d).
(2) Except as described in subsection (3) of this section, on and after August
7, 2013, if a law enforcement agency of the state has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the agency, and the agency discontinues said policy after August 7, 2013, the agency shall continue to provide such photographic identification to peace officers who have retired from the agency if:
(a) The peace officer requests the identification;
(b) The peace officer retired from the law enforcement agency before the
date upon which the agency discontinued the policy; and
(c) The peace officer is a qualified retired law enforcement officer, as
defined in 18 U.S.C. sec. 926C (c).
(3) Before issuing or renewing a photographic identification to a retired law
enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal Brady Handgun Violence Prevention Act (Pub.L. 103-159), the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification.
(4) A law enforcement agency of the state may charge a fee for issuing a
photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the agency in issuing the photographic identification.
(5) Notwithstanding any provision of this section to the contrary, a law
enforcement agency of the state shall not be required to issue a photographic identification to a particular peace officer if the chief administrative officer of the agency elects not to do so.
(6) If a law enforcement agency of the state denies a photographic
identification to a retired peace officer who requests a photographic identification pursuant to this section, the law enforcement agency shall provide the retired peace officer a written statement setting forth the reason for the denial.
Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 256, � 1,
effective August 7.
24-33.5-113. Forensic medical evidence in sexual assault cases - rules -
testing - confidentiality - definition. (1) Rules. (a) On or before thirty days after June 5, 2013, the executive director shall begin the process of promulgating rules for forensic medical evidence collected in connection with an alleged sexual assault. Not less than ninety days prior to the promulgation of the rules, the division shall convene a representative group of participants as defined in section 24-4-102 (14.5) to solicit input into the development of the rules. The representative group must include persons affected by the rules and persons responsible for implementation of the rules. The division may convene as many meetings of the representative group as is necessary.
(b) On or before six months after June 5, 2013, the executive director shall
promulgate the rules. The rules must include:
(I) A requirement that forensic evidence must be collected if a victim of an
alleged sexual assault requests it to be collected;
(II) Standards for what evidence must be submitted to the Colorado bureau
of investigation or another accredited crime laboratory;
(III) Time frames for when the evidence must be submitted, analyzed, and
compared to DNA databases. The rules on time frames must indicate that, once the backlog described in subsection (4) of this section is resolved, evidence that meets the criteria for mandatory submission must be submitted within twenty-one days after receipt by a law enforcement agency.
(IV) Standards for consent for the collection, testing, and release of test
results of the forensic medical evidence, including but not limited to:
(A) Information to be contained in consent forms that notify persons of the
potential effects of each step of the process, including collection, testing, and release of test results and require acknowledgment of consent for each step of the process;
(B) Who may give consent and when is it required;
(C) Who may withdraw consent and when it may be withdrawn; and
(D) When and how results of tests may be released and for what purposes;
(V) A plan for prioritizing the testing of the backlog of forensic medical
evidence to be forwarded to the Colorado bureau of investigation pursuant to subsection (4) of this section and a plan for testing newly collected forensic medical evidence once the backlog is resolved; and
(VI) The date, as soon as practicable, by which a law enforcement agency
must analyze its backlog of forensic medical evidence if it does not forward such evidence to the Colorado bureau of investigation for analysis.
(2) Law enforcement and medical personnel shall not, for any reason,
discourage a victim of an alleged sexual assault from receiving a forensic medical examination.
(3) Compliance. (a) (I) On and after ninety days after the promulgation of the
rules authorized by paragraph (b) of subsection (1) of this section, all law enforcement agencies in the state shall comply with the promulgated rules.
(II) The failure of a law enforcement agency to comply with the rules
promulgated pursuant to paragraph (b) of subsection (1) of this section does not affect:
(A) The authority of the agency to submit the evidence to the Colorado
bureau of investigation or other accredited crime laboratory;
(B) The authority of the Colorado bureau of investigation or other accredited
crime laboratory to analyze the evidence or provide results of the analysis to appropriate persons; or
(C) The admissibility of the evidence in any court.
(b) On and after ninety days after the promulgation of the rules described in
paragraph (b) of subsection (1) of this section, all personnel at a medical facility performing a forensic medical examination and all other persons having custody of forensic medical evidence collected in connection with an alleged sexual assault or the results of tests conducted on the evidence shall comply with the promulgated rules.
(c) A person who receives evidence or results of tests under this section
shall not disclose the evidence or test results except to the extent that disclosure is consistent with the authorized purpose for which the person obtained the evidence.
(4) Repealed.
(5) The department of public safety shall include within its budget requests
and supplemental budget requests submitted to the joint budget committee funding requests to analyze as soon as practicable the backlog of forensic medical evidence of any alleged sexual assaults forwarded to the Colorado bureau of investigation pursuant to subsection (4) of this section and to analyze newly collected forensic medical evidence as soon as practicable.
(6) (a) Upon submission of forensic medical evidence to an accredited crime
laboratory, the accredited crime laboratory must endeavor, subject to available capacity, funding, and personnel, to analyze and, when appropriate, upload the information into the combined DNA index system within sixty days after receipt of the forensic medical evidence.
(b) As used in this subsection (6), accredited crime laboratory means a law
enforcement crime laboratory that has received forensic accreditation through ISO/IEC 17025 requirements.
Source: L. 2013: Entire section added, (HB 13-1020), ch. 368, p. 2149, � 1,
effective June 5. L. 2014: (1)(b)(IV)(A) amended, (HB 14-1171), ch. 85, p. 329, � 1, effective March 27. L. 2025: (6) added, (SB 25-304), ch. 414, p. 2352, � 3, effective June 3.
Editor's note: Subsection (4)(e) provided for the repeal of subsection (4),
effective July 1, 2015. (See L. 2013, p. 2149.)
24-33.5-113.5. Forensic medical evidence in sexual assault cases -
tracking system. (1) The department shall develop and maintain a confidential and secure statewide system, referred to in this section as system, for victims of alleged sexual assault to monitor the status and location of their sexual assault evidence collection kit. The system must be operational by June 30, 2025. The department shall maintain and operate the system.
(2) (a) (I) If the victim of an alleged sexual assault consents to analysis of the
victim's forensic medical evidence examination, the system must track the location, date, and time of the following relevant stages:
(A) Forensic medical evidence examination;
(B) Possession of their sexual assault evidence collection kit by a law
enforcement agency for storage;
(C) Possession of the victim's sexual assault evidence collection kit by a
forensic laboratory for analysis;
(D) Completion of the forensic laboratory's analysis of the victim's sexual
assault evidence collection kit; and
(E) Earliest anticipated date of destruction of the evidence obtained from the
victim's forensic medical evidence examination.
(II) If the victim of an alleged sexual assault does not consent to having the
evidence obtained from the victim's forensic medical evidence examination analyzed, the relevant stages of analysis include:
(A) Forensic medical evidence examination;
(B) Possession of the victim's sexual assault evidence collection kit by a law
enforcement agency for storage; and
(C) Earliest anticipated date of destruction of the evidence obtained from the
victim's forensic medical evidence examination.
(b) The system must provide victims of an alleged sexual assault with
information concerning:
(I) Financial assistance and compensation programs for victims of sexual
assault;
(II) Up-to-date statutory and regulatory information concerning victims of an
alleged sexual assault;
(III) Deadlines regarding the processing, custody, analysis, and destruction
of evidence obtained from forensic medical examinations;
(IV) How a victim of alleged sexual assault may object to the destruction of
forensic medical evidence pursuant to section 24-4.1-303;
(V) Contact information for the system's administrator and for the law
enforcement agency storing evidence obtained from the victim of alleged sexual assault's forensic medical evidence examination; and
(VI) Community-based resources and services for victims of sexual assault.
(3) (a) Every state or local law enforcement agency, medical facility, crime
laboratory, or other person or entity that supplies or performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical evidence examinations, shall participate in the system.
(b) The federal bureau of investigation, a tribal law enforcement agency
located in Colorado, or a federal Indian health service located in Colorado that supplies forensic medical evidence examinations, performs forensic medical evidence examinations, analyzes evidence obtained from forensic medical evidence examinations, or is responsible for the storage or destruction of evidence obtained from forensic medical examinations may participate in the system.
(4) (a) On or after January 30, 2026, and on or before January 30 and July 31
of each year thereafter, the executive director of the department shall submit a report to every member of the general assembly, including the following information from the preceding period of July 1 through December 31 or January 1 through June 30, as applicable:
(I) The number of sexual assault evidence collection kits reported into the
system, in total and disaggregated by the type of report;
(II) The total number of sexual assault evidence collection kits analyzed by a
forensic laboratory; and
(III) The total number of sexual assault evidence collection kits pending
analysis by a forensic laboratory.
(b) The department shall ensure the report does not disclose any information
in violation of applicable state and federal laws regarding the confidentiality of an individual's information.
(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the
requirement to submit the report required in this subsection (4) continues indefinitely.
(5) The department shall consult with the office of liaison for missing and
murdered indigenous relatives to make recommendations to ensure the system developed pursuant to this section is accessible to victims of alleged sexual assault in a tribal jurisdiction.
(6) For the 2023-24 state fiscal year, the general assembly shall appropriate
seven hundred forty-four thousand three hundred fifty-one dollars from the Colorado crime victim services fund, created pursuant to section 24-33.5-505.5, to the department for the purpose of developing and maintaining the system pursuant to this section.
Source: L. 2023: Entire section added, (HB 23-1199), ch. 263, p. 1563, � 1,
effective May 25. L. 2025: IP(4)(a) amended, (SB 25-304), ch. 414, p. 2352, � 4, effective June 3.
24-33.5-114. Disclosure of knowing misrepresentation by a peace officer
required - disclosure waivers - reports - definitions. (1) Subject to the limitations of this section, any state or local law enforcement agency that employs, employed, or deputized on or after January 1, 2010, a peace officer who applies for employment with another Colorado law enforcement agency shall disclose to the hiring agency information, if available, indicating whether the peace officer's employment history included any instances in which the peace officer had a sustained violation for making a knowing misrepresentation:
(a) In any testimony or affidavit relating to the arrest or prosecution of a
person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or
(b) During the course of any internal investigation by a law enforcement
agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the peace officer's employing agency is a party.
(2) The disclosure described in subsection (1) of this section is required only
upon the presentation of a written waiver to a state or local law enforcement agency, which waiver explicitly authorizes the agency to disclose the information described in said subsection (1), has been signed by the applicant peace officer, and identifies the Colorado law enforcement agency that is considering the applicant peace officer for employment. A state or local law enforcement agency that receives such a waiver shall provide the disclosure to the Colorado law enforcement agency that is considering the applicant peace officer for employment not more than seven days after such receipt.
(3) A state or local law enforcement agency is not required to provide the
disclosure described in subsection (1) of this section if the agency is prohibited from providing such disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before August 5, 2015.
(4) (a) A state or local law enforcement agency shall notify the local district
attorney whenever the agency determines there is a sustained finding that any peace officer of the agency has made a knowing misrepresentation:
(I) In any testimony or affidavit relating to the arrest or prosecution of a
person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or
(II) During the course of any internal investigation by a law enforcement
agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the peace officer's employing agency is a party.
(b) A law enforcement agency of the department shall provide the notice
described in paragraph (a) of this subsection (4) not more than seven days after the agency determines there is a sustained finding that a peace officer of the agency has made a knowing misrepresentation, as described in said paragraph (a).
(5) A state or local law enforcement agency is not liable for complying with
the provisions of this section.
(6) As used in this section, unless the context requires otherwise, state or
local law enforcement agency means:
(a) The Colorado state patrol created pursuant to section 24-33.5-201;
(b) The Colorado bureau of investigation created pursuant to section 24-33.5-401;
(c) A county sheriff's office;
(d) A municipal police department;
(e) The division of parks and wildlife within the department of natural
resources created pursuant to section 24-1-124; or
(f) A town marshal's office.
Source: L. 2015: Entire section added, (SB 15-218), ch. 209, p. 760, � 2,
effective August 5.
Cross references: For the legislative declaration in SB 15-218, see section 1
of chapter 209, Session Laws of Colorado 2015.
24-33.5-115. Peace officer hiring - required use of waiver - definitions. (1) A
state or local law enforcement agency, including higher education law enforcement agencies and public transit law enforcement agencies, shall require each candidate that receives a conditional job offer for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the state or local law enforcement agency and releases the interviewing agency and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the interviewing agency to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the interviewing agency. The agency interviewing the candidate shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the agency that is considering the candidate for employment not more than twenty-one days after such receipt. A law enforcement agency or governmental agency that submits the waiver to another agency and does not receive the disclosure shall report that fact to the P.O.S.T. board. Upon receipt of the notice, the P.O.S.T. board may contact the agency, and if the agency does not provide the disclosure within six calendar days, the P.O.S.T. board shall not provide the agency with P.O.S.T. board funding for a period of one year or shall impose fines through the attorney general pursuant to section 24-31-307 and P.O.S.T. board rule, or both.
(2) A state or local law enforcement agency is not required to provide the
disclosures described in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016.
(3) A state or local law enforcement agency or governmental agency is not
liable for complying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate.
(4) As used in this section, unless the context otherwise requires:
(a) Files means all performance reviews, any other files related to job
performance, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information.
(b) State or local law enforcement agency means:
(I) The Colorado state patrol created pursuant to section 24-33.5-201;
(II) The Colorado bureau of investigation created pursuant to section 24-33.5-401;
(III) A county sheriff's office;
(IV) A municipal police department;
(V) The division of parks and wildlife within the department of natural
resources created pursuant to section 24-1-124; or
(VI) A town marshal's office.
Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1380, � 1,
effective June 10. L. 2025: (1) amended, (HB 25-1136), ch. 333, p. 1728, � 4, effective May 31.
24-33.5-116. Peace officer authority Colorado mounted rangers study task
force - repeal. (Repealed)
Source: L. 2016: Entire section added, (SB 16-111), ch. 291, p. 1177, � 1,
effective June 10.
Editor's note: Subsection (5) provided for the repeal of this section, effective
July 1, 2017. (See L. 2016, p. 1177.)
24-33.5-117. Crime prevention through safer streets grant program -
created - committee - reports - repeal. (1) There is created in the department the crime prevention through safer streets grant program, referred to in this section as the grant program. The grant program allows the department and local governments to evaluate and design safer streets and neighborhood models that discourage crime, revitalize community image, and establish place-specific crime prevention strategies that account for geographic, cultural, economic, and social characterist
C.R.S. § 24-34-101
24-34-101. Department created - executive director. (1) (a) There is hereby created the department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109. The executive director shall have those powers, duties, and functions prescribed for heads of principal departments in the Administrative Organization Act of 1968. The department of regulatory agencies shall be organized as provided in the Administrative Organization Act of 1968; but nothing in this part 1 shall be construed to prevent the establishment, combination, or abolition of divisions, sections, or units other than those created by law.
(b) Repealed.
(2) The executive director shall prepare and transmit annually, in the form
and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department of regulatory agencies and divisions thereof.
(3) Publications by the executive director circulated in quantity outside the
executive branch shall be issued in accordance with the provisions of section 24-1-136.
(4) Repealed.
(5) The executive director of the department of regulatory agencies may
enter into contracts pursuant to part 5 of article 50 of this title for the purpose of decreasing appropriations in the annual general appropriation act.
(6) The executive director of the department of regulatory agencies may
contract, pursuant to part 5 of article 50 of this title, with a person having the technical or subject matter expertise or the skill and experience to develop, implement, and administer the licensing and examination functions of the divisions in the department when the executive director determines that a division lacks sufficient technical expertise to perform such licensing and examination functions.
(7) A contract entered into pursuant to this section may authorize a
contractor to collect fees directly from an applicant. The contract may allow the contractor to retain all or a portion of the fees as payment for performance of the services under the contract. Fees collected and retained by the contractor shall not be subject to the provisions of article 36 of this title.
(8) This section shall not be construed to limit the powers of any type 1 board
or commission in the department of regulatory agencies.
(9) The executive director shall have the authority to accept and expend
gifts, grants, and donations for the purposes of implementing and administering the provisions of section 24-4-103 (2.5).
(10) The executive director may contract pursuant to part 5 of article 50 of
this title with a person, corporation, or entity having technical or subject matter expertise or skill and experience to develop, implement, and administer the licensing and examination functions of the division of professions and occupations when the executive director determines that the division of professions and occupations is without sufficient technical expertise to perform such licensing and examination functions.
(11) The executive director may contract pursuant to part 5 of article 50 of
this title with a person, corporation, or entity for the purpose of decreasing the appropriations for the division of professions and occupations in the annual general appropriations act.
(12) A contract entered into pursuant to subsection (10) or (11) of this section
may authorize a contractor to collect fees directly from an applicant. The contractor may retain all or a portion of the fees designated as payment for performance of the functions under the contract. All fees collected and retained by the contractor shall not be subject to the provisions of article 36 of this title.
(13) The executive director shall include in the presentation to the legislative
committee of reference pursuant to section 2-7-203, C.R.S., the number of confidential letters of concern issued in the twelve months prior to the presentation by the director of the division of professions and occupations and any board pursuant to title 12, C.R.S.
(14) In conjunction with the efforts of the office of information technology
regarding cyber coding cryptology for state records pursuant to section 24-37.5-407, the executive director of the department of regulatory agencies or the director's designee shall consider secure encryption methods, especially distributed ledger technologies, to protect against falsification, create visibility to identify external hacking threats, and to improve internal data security, especially to secure business ownership and stock ledger ownership data that might be potential high-risk targets for corporate cyber theft and transaction falsification. The considerations for distributed ledger technologies shall include best practice attempts to maintain privacy of personally identifying information of the distributed user base while utilizing the visibility of distributed transactions.
Source: L. 68: p. 117, � 107. C.R.S. 1963: � 3-27-1. L. 71: p. 103, � 4. L. 83: (2)
and (3) amended, p. 836, � 47, effective July 1. L. 86: (1) amended, p. 887, � 16, effective May 23. L. 88: (4) added, p. 454, � 2, effective April 27. L. 2000: (1) amended, p. 1947, � 3, effective July 1; (2) amended, p. 1549, � 16, effective August 2. L. 2002: (1)(b) repealed, p. 374, � 6, effective July 1. L. 2004: (5) to (8) added, p. 1252, � 1, effective May 27; (9) to (12) added, p. 1863, � 122, effective August 4. L. 2006: (13) added, p. 820, � 44, effective July 1. L. 2010: (13) amended, (HB 10-1119), ch. 340, p. 1572, � 6, effective August 11. L. 2018: (14) added, (SB 18-086), ch. 319, p. 1919, � 5, effective May 30.
Editor's note: (1) Subsection (4) provided for the repeal of subsection (4),
effective July 1, 1995. (See L. 88, p. 454.)
(2) Subsections (9), (10), (11), and (12) were originally numbered as
subsections (5), (6), (7), and (8), respectively, in Senate Bill 04-024 but have been renumbered on revision for ease of location.
Cross references: (1) For the Administrative Organization Act of 1968, see
article 1 of this title.
(2) In 2010, subsection (13) was amended by the State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act. For the short title, see section 1 of chapter 340, Session Laws of Colorado 2010.
C.R.S. § 24-34-104
24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.
(b) It is the intent of the general assembly that the system set forth in this
section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.
(2) (a) The divisions in the department of regulatory agencies, the boards and
agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.
(b) Upon repeal, an agency continues in existence, or, in the case of the
repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.
(c) As used in this section, unless the context otherwise requires, agency
includes a division or board within an agency that is subject to review pursuant to this section.
(3) If the state constitution imposes powers, duties, or functions on an
agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.
(4) The existence of a newly created agency or function in the department of
regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).
(5) (a) The department of regulatory agencies shall analyze and evaluate the
performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.
(b) The department of regulatory agencies shall submit its report to the
office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).
(c) This subsection (5) is exempt from the provisions of section 24-1-136 (11),
and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.
(6) (a) Before the repeal, continuation, or reestablishment of an agency or
function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.
(b) In the hearings, the determination as to whether an agency has
demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:
(I) Whether regulation or program administration by the agency is necessary
to protect the public health, safety, and welfare;
(II) Whether the conditions that led to the initial creation of the program have
changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;
(III) If the program is necessary, whether the existing statutes and
regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;
(IV) If the program is necessary, whether agency rules enhance the public
interest and are within the scope of legislative intent;
(V) Whether the agency operates in the public interest and whether its
operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;
(VI) Whether an analysis of agency operations indicates that the agency or
the agency's board or commission performs its statutory duties efficiently and effectively;
(VII) Whether the composition of the agency's board or commission
adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;
(VIII) Whether regulatory oversight can be achieved through a director
model;
(IX) The economic impact of the program and, if national economic
information is not available, whether the agency stimulates or restricts competition;
(X) If reviewing a regulatory program, whether complaint, investigation, and
disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;
(XI) If reviewing a regulatory program, whether the scope of practice of the
regulated occupation contributes to the optimum use of personnel;
(XII) Whether entry requirements encourage equity, diversity, and inclusivity;
(XIII) If reviewing a regulatory program, whether the agency, through its
licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.
(XIV) Whether administrative and statutory changes are necessary to
improve agency operations to enhance the public interest.
(c) A legislative committee of reference that conducts a review pursuant to
paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.
(d) (I) If a legislative committee of reference recommends a bill for
consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:
(A) To one or more of the members of the committee of reference; or
(B) To one or more of the members of the general assembly who are not
members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.
(II) A member of the general assembly may not sponsor more than two bills
introduced pursuant to this subsection (6) in a single legislative session.
(III) After consulting with the minority leader of the house of representatives
and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:
(A) The speaker of the house of representatives shall assign the proposed
bill to a representative for sponsorship in the house of representatives in odd-numbered years; and
(B) The president of the senate shall assign the proposed bill to a senator for
sponsorship in the senate in even-numbered years.
(e) A bill recommended for consideration by a committee of reference
pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.
(f) Before the repeal, continuation, reestablishment, or revision of an
agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).
(7) (a) Pursuant to the process established in this section, a committee of
reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.
(b) This section shall not cause the dismissal of a claim or right of a person
through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.
(c) This section does not affect the general assembly's authority to
otherwise consider legislation affecting a division, board, agency, or similar body.
(8) If an agency or function repeals pursuant to the provisions of this section
and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.
(9) The purpose of this section is to provide a listing of the divisions, boards,
agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.
(10) to (24) Repealed.
(25) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2024:
(I) to (VI) Repealed.
(VII) The evidential breath-testing cash fund created in section 42-4-1301.1
(9);
(VIII) to (XII) Repealed.
(XIII) (Deleted by amendment, L. 2024).
(XIV) to (XX) Repealed.
(XXI) The harm reduction grant program created in section 25-20.5-1101.
(XXII) Repealed.
(b) This subsection (25) is repealed, effective September 1, 2026.
(26) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2025:
(I) to (IX) Repealed.
(X) Reserved.
(XI) to (XIII) Repealed.
(b) This subsection (26) is repealed, effective September 1, 2027.
(27) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2026:
(I) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail
technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;
(II) The division of securities created in section 11-51-701, C.R.S.;
(III) The securities board created in section 11-51-702.5, C.R.S.;
(IV) The registration and regulation of vessels by the department of natural
resources in accordance with article 13 of title 33, C.R.S.;
(V) The office of combative sports, including the Colorado combative sports
commission, created in article 110 of title 12;
(VI) The division of real estate, including the real estate commission, created
in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;
(VII) The regulation of professional cash-bail agents and cash-bonding
agents in accordance with article 23 of title 10;
(VIII) The Colorado podiatry board created in article 290 of title 12;
(IX) The biomass utilization grant program implemented by the state forest
service pursuant to section 23-31-317;
(X) The cold case task force created in section 24-33.5-109;
(XI) The record-keeping, licensing, and central registry functions of the
behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;
(XII) The licensing of pet animal facilities by the commissioner of agriculture
in accordance with article 80 of title 35;
(XIII) The fire suppression programs of the division of fire prevention and
control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;
(XIV) The Colorado medical board created in article 240 of title 12;
(XV) The regulation of dialysis treatment clinics and hemodialysis
technicians in accordance with section 25-1.5-108;
(XVI) The Colorado public utilities commission created in article 2 of title 40;
(XVII) The legal requirements pertaining to home warranty service contracts
under part 9 of article 10 of title 12.
(XVIII) and (XIX) Repealed.
(b) This subsection (27) is repealed, effective September 1, 2028.
(28) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2027:
(I) The regulation of motor vehicle and powersports vehicle sales by the
motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;
(II) The Colorado civil rights division, including the Colorado civil rights
commission, created in part 3 of this article 34;
(III) The state board of nursing created in article 255 of title 12;
(IV) The state board of nursing created in article 255 of title 12 and the
functions of the board, including the functions related to the certification of nurse aides;
(V) The regulation of radon professionals licensed in accordance with article
165 of title 12;
(VI) The justice reinvestment crime prevention initiative created in section
24-32-120;
(VII) The use of digital number plates by the owner of a registered vehicle
pursuant to section 42-3-201 (8);
(VIII) The domestic violence offender management board created in section
16-11.8-103;
(IX) The certification of persons in connection with the control of asbestos in
accordance with part 5 of article 7 of title 25;
(X) The wildfire mitigation incentives for local government grant program
created in section 23-31-318 (2).
(b) This subsection (28) is repealed, effective September 1, 2029.
(29) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2028:
(I) The licensing of landscape architects in accordance with article 130 of
title 12;
(II) The administration of the Colorado Fair Debt Collection Practices Act
by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;
(III) The issuance of licenses and certificates related to measurement
standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;
(IV) The functions of the underground damage prevention safety commission
related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;
(V) The functions of the commissioner of agriculture related to seed
potatoes under article 27.3 of title 35;
(VI) In-home support services established in part 12 of article 6 of title 25.5;
(VII) The licensing of river outfitters through the parks and wildlife
commission and the division of parks and wildlife in accordance with article 32 of title 33;
(VIII) The functions of the department of public health and environment
relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;
(IX) The medical marijuana program created in section 25-1.5-106;
(X) and (XI) Repealed.
(XII) The Colorado Marijuana Code, article 10 of title 44;
(XIII) The administration of the Michael Skolnik Medical Transparency Act
of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;
(XIV) The registration of surgical assistants and surgical technologists
pursuant to article 310 of title 12;
(XV) The registration of direct-entry midwives by the division of professions
and occupations in accordance with article 225 of title 12;
(XVI) Notwithstanding subsection (7)(a) of this section, the office of the
utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;
(XVII) The community crime victims grant program created in section 25-20.5-801;
(XVIII) The grant program to provide funding to eligible community-based
organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);
(XIX) The regulation of nursing home administrators by the board of
examiners of nursing home administrators in accordance with article 265 of title 12;
(XX) The sex offender management board created in section 16-11.7-103.
(b) This subsection (29) is repealed, effective September 1, 2030.
(30) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2029:
(I) The automobile theft prevention authority and the automobile theft
prevention board created in section 42-5-112;
(II) The licensing of mortgage loan originators and the registration of
mortgage companies in accordance with part 7 of article 10 of title 12;
(III) The regulation of persons working in coal mines by the department of
natural resources through the coal mine board of examiners in accordance with article 22 of title 34;
(IV) The Colorado state board of chiropractic examiners created in article
215 of title 12;
(V) The registration of naturopathic doctors in accordance with article 250 of
title 12;
(VI) Notwithstanding subsection (7)(a) of this section, the functions of the
boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;
(VII) The regulation of preneed funeral contracts in accordance with article
15 of title 10;
(VIII) The direct care workforce stabilization board created in article 7.5 of
title 8;
(IX) The assistance program for disability benefits under article 88 of title 8;
(X) The functions of the director of the division of professions and
occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.
(b) This subsection (30) is repealed, effective September 1, 2031.
(31) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2030:
(I) The functions of the division of insurance in the department of regulatory
agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;
(II) The state board of accountancy created in article 100 of title 12;
(III) The passenger tramway safety board created in section 12-150-104;
(IV) The functions of professional review committees specified in article 30
of title 12;
(V) The licensing of occupational therapists and occupational therapy
assistants in accordance with article 270 of title 12;
(VI) The state board of pharmacy and the regulation of the practice of
pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;
(VII) The functions of the circular economy development center created in
section 25-17-602;
(VIII) Human trafficking prevention training pursuant to section 24-33.5-523;
(IX) The veterans one-stop center, known as the western region one
source, established pursuant to section 28-5-713;
(X) The Colorado produced water consortium created in section 34-60-135
(2)(a);
(XI) The functions of the banking board and the state bank commissioner
related to money transmitters specified in article 110 of title 11;
(XII) The functions of the broadband office in administering the broadband
deployment grant program created in section 24-37.5-905;
(XIII) The regulation of towing carriers by the public utilities commission
under part 4 of article 10.1 of title 40;
(XIV) The HOA information and resource center created in section 12-10-801;
(XV) The rural alcohol and substance abuse prevention and treatment
program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;
(XVI) The motorcycle operator safety training program created in part 5 of
article 5 of title 43.
(b) This subsection (31) is repealed, effective September 1, 2032.
(32) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2031:
(I) The registration functions of the commissioner of agriculture specified in
article 27 of title 35;
(II) The licensing of egg dealers in accordance with article 21 of title 35;
(III) The water and wastewater facility operators certification board created
in section 25-9-103;
(IV) The licensing of hearing aid providers by the division of professions and
occupations in accordance with article 230 of title 12;
(V) The licensing of audiologists by the division of professions and
occupations in accordance with article 210 of title 12;
(VI) The regulation of athletic trainers by the director of the division of
professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;
(VII) The licensure of massage therapists by the director of the division of
professions and occupations in accordance with article 235 of title 12;
(VIII) The board of real estate appraisers created in part 6 of article 10 of title
12;
(IX) The regulation of conveyances and conveyance mechanics, contractors,
and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;
(X) The Colorado prescription drug affordability review board created in
section 10-16-1402;
(XI) The rule-making function of the executive director of the department of
early childhood pursuant to section 26.5-1-105 (1);
(XII) Repealed.
(XIII) The regulation of mortuary science professionals pursuant to parts 1, 4,
and 5 to 9 of article 135 of title 12;
(XIV) The veterans assistance grant program created in section 28-5-712;
(XV) The licensing of bingo and other games of chance through the secretary
of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.
(b) This subsection (32) is repealed, effective September 1, 2033.
(33) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2032:
(I) The state electrical board created in article 23 of title 12;
(II) The workers' compensation classification appeals board created in article
55 of title 8;
(III) The responsible gaming grant program created in section 44-30-1702;
(IV) The regulation of the custom processing of meat animals by the
department of agriculture in accordance with article 33 of title 35;
(V) The division of racing events, including the Colorado racing commission,
created in article 32 of title 44;
(VI) The appointment of notaries public through the secretary of state in
accordance with part 5 of article 21 of this title 24;
(VII) The Natural Medicine Health Act of 2022, article 170 of title 12;
(VIII) The Colorado Natural Medicine Code, article 50 of title 44;
(IX) The state plumbing board created in article 155 of title 12;
(X) The licensing and regulation of persons by the department of agriculture
in accordance with article 36 of title 35.
(b) This subsection (33) is repealed, effective September 1, 2034.
(34) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2033:
(I) The issuance of permits for specific weather modification operations
through the executive director of the department of natural resources in accordance with article 20 of title 36;
(II) The authority of the director of the division of workers' compensation to
impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;
(III) The regulation of speech-language pathologists and speech-language
pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;
(IV) The licensing of persons who practice acupuncture by the director of the
division of professions and occupations in accordance with article 200 of title 12;
(V) The state board of veterinary medicine created in article 315 of title 12;
(VI) The state board of optometry created in article 275 of title 12;
(VII) The division of gaming created in part 2 of article 30 of title 44;
(VIII) The closed landfill remediation grant program and the closed landfill
remediation grant program advisory committee created in section 30-20-124;
(IX) The regulation of nontransplant tissue banks by the director of the
division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;
(X) The state board of licensure for architects, professional engineers, and
professional land surveyors in the department of regulatory agencies created in section 12-120-103;
(XI) The division of financial services created in article 44 of title 11;
(XII) The division of banking and the banking board created in article 102 of
title 11;
(XIII) The behavioral health first aid training program created in section 25-1.5-113.5.
(b) This subsection (34) is repealed, effective September 1, 2035.
(35) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2034:
(I) The regulation of produce safety on farms by the commissioner of
agriculture in accordance with article 77 of title 35;
(II) The licensing and regulation of psychiatric technicians by the state board
of nursing in accordance with article 295 of title 12;
(III) The licensing of public livestock markets in accordance with article 55 of
title 35;
(IV) The air quality enterprise created by section 25-7-103.5;
(V) The regulation of the application of pesticides by the commissioner of
agriculture in accordance with article 10 of title 35;
(VI) The regulation of outfitters by the director of the division of professions
and occupations in accordance with article 145 of title 12;
(VII) The functions of the department of public health and environment
regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;
(VIII) The Colorado dental board created in article 220 of title 12.
(b) This subsection (35) is repealed, effective September 1, 2036.
(36) (a) The following agencies, functions, or both are scheduled for repeal
on September 1, 2035:
(I) The licensing and regulation of respiratory therapists by the division of
professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;
(II) The functions specified in part 2 of article 19 of title 5 of the
administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;
(III) The regulation of private occupational schools and their agents under
article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;
(IV) The licensing of physical therapists by the physical therapy board in
accordance with part 1 of article 285 of title 12;
(V) The certification of physical therapist assistants by the physical therapy
board in accordance with part 2 of article 285 of title 12;
(VI) The underfunded courthouse facility cash fund commission created in
part 3 of article 1 of title 13.
(b) This subsection (36) is repealed, effective September 1, 2037.
(37) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2036:
(I) The accreditation of health-care providers under the workers'
compensation system in accordance with section 8-42-101 (3.5) and (3.6);
(II) The Colorado fraud investigators unit created in part 17 of article 33.5 of
this title 24.
(b) This subsection (37) is repealed, effective September 1, 2038.
(38) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2037:
(I) The Colorado resiliency office created in section 24-32-121 and the
functions of the office described in section 24-32-122.
(b) This subsection (38) is repealed, effective September 1, 2039.
Source: For source information prior to 2016, go to
https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, � 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, � 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, � 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, � 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, � 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, � 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, � 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, � 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, � 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, � 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, � 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, � 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, � 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, � 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, � 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, � 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, � 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, � 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, � 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, � 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, � 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, � 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, � 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, � 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, � 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, � 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, � 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, � 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, � 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, � 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, � 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, � 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, � 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, � 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, � 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, � 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, �� 3, 8, (SB17-294), ch. 264, p. 1418,� 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, � 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, � 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, � 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, � 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, � 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, � 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, � 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, � 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, � 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, � 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, � 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, � 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, � 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, � 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, � 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, � 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, � 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, � 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, � 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, � 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, � 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, � 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, � 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, � 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, � 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, � 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, � 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, � 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, � 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, � 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, � 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, � 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, � 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, � 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, � 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, � 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, � 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, � 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, � 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, � 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, � 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, � 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, � 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, � 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, � 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, � 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, � 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, � 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, � 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, � 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, � 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, � 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, � 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, � 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, � 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, � 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, � 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, � 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, � 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, � 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, � 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, � 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, � 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, � 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, � 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, � 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, � 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, � 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, � 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, � 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, � 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, � 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, � 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, � 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, � 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, � 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, � 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, � 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, � 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, � 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, � 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, � 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, � 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, � 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, � 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, � 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, � 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, � 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, � 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, � 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, � 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, � 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, � 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, � 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, � 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, � 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, � 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, � 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, � 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, � 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, � 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, � 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, � 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, � 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, � 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, � 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, � 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, � 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, � 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, � 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, � 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, � 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, � 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, � 1, effective August 10; (23)(a)(XI) repe
C.R.S. § 24-37-402
24-37-402. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Contract means a pay for success contract entered into by the office
and a lead contractor, or the office, one or more local governments, and a lead contractor as authorized by section 24-37-403.
(2) Fund means the pay for success contracts fund created in section 24-37-403.
(3) Investor means a person or entity that is not a lead contractor or
provider and that provides working capital to fund the provision of services under a contract.
(4) Lead contractor means an organization or local government selected by
the director of the office to participate in the state program by:
(a) Entering into a pay for success contract with the office or with the office
and one or more local governments, as applicable, to provide program-eligible interventions directly or through subcontracts with other providers;
(b) Overseeing the provision of program-eligible interventions by any other
providers with which it subcontracts; and
(c) Using its own money or borrowing money to pay the costs of providing
program-eligible interventions throughout the contract as negotiated by the parties and, if the program-eligible interventions that it provides meet the defined performance targets established in a pay for success contract, receiving success payments.
(5) Local government means a county, municipality, or school district.
(6) Program-eligible interventions means services provided in order to
improve the lives and living conditions of individuals by increasing economic opportunity and the likelihood of healthy futures and promoting child and youth development.
(7) Provider means a person or entity that provides program-eligible
interventions on a for-profit or nonprofit basis. Provider includes:
(a) A lead contractor that provides program-eligible interventions directly
rather than entering into subcontracts with other providers for the provision of such interventions; and
(b) A local government, which may be the same local government that
establishes a program-eligible interventions program, that provides program-eligible interventions.
(8) School district means any public school district organized under state
law or an institute charter school created pursuant to part 5 of article 30.5 of title 22, C.R.S. School district does not include a local college district.
(9) State program means the pay for success contracts program
established in section 24-37-403.
(10) Success payments means payments made to the lead contractor for
meeting defined performance targets specified in a pay for success contract.
Source: L. 2015: Entire part added, (HB 15-1317), ch. 205, p. 737, � 1, effective
May 20.
C.R.S. § 24-37-403
24-37-403. Establishment of state pay for success contracts program - pay for success contracts fund - creation. (1) There is hereby established in the office the state pay for success contracts program. The purpose of the state program is to provide authorization, subject to specified requirements and limitations, for the office to enter into pay for success contracts with one or more lead contractors for the provision of program-eligible interventions.
(2) Before entering into a pay for success contract authorized by this section,
the office, one or more local governments, or the office and one or more local governments shall conduct a request for proposal process. The request for proposal must describe the desired population to be served, desired outcomes, and the potential duration of a pay for success program and may include performance targets. The office shall make a request for proposal issued pursuant to this subsection (2) publicly available on its website upon its issuance.
(3) The office, or the office and one or more local governments as authorized
by subsection (4) of this section, may enter into a contract with a lead contractor for the provision of program-eligible interventions. Entry into such a contract is generally subject to the requirements of the Procurement Code, articles 101 to 112 of this title 24, and the office is encouraged, but not required, to use the request for proposals process specified in section 24-103-203. When developing and reviewing the terms of a pay for success contract, the office may consult with the state treasurer on financial terms and with experts to provide advice regarding definition of appropriate performance targets. A contract shall not require or authorize the state to use federal moneys to make success payments unless federal law or federal regulations authorize the use of federal moneys for that purpose. Before it enters into a contract, the office shall make the contract available to the public on the office's website and provide an opportunity for public comment regarding the contract. Prior to entering into the terms of a contract, a contract must:
(a) Clearly define the type, scope, and duration of the program-eligible
interventions that the lead contractor will directly or indirectly provide, which it must provide by implementing a new program or expanding the population served by an existing program, or both, and the specific outcomes sought based on defined performance targets. The interventions that a lead contractor directly or indirectly provides must not supplant any existing state, local government, or school district employee who is providing the same interventions that the lead contractor will directly or indirectly provide.
(b) Detail the roles and responsibilities of each party to the contract and
identified subcontractors;
(c) State that once the contract is executed, an investor that is funding the
activities of a lead contractor under the terms of the contract is prohibited from dictating the manner of delivery of services to be provided under the terms of the contract by the lead contractor or any other provider that are not related to the potential for the project to deliver the success measures in the contract. This paragraph (c) does not prohibit an investor from performing due diligence on its investment or managing the investment.
(d) Provide for an objective process by which an independent evaluator
determines whether the defined performance targets have been achieved;
(e) Specify that the provision of program-eligible interventions provided by
the lead contractor may not exceed a period of seven years unless one or more defined performance targets specified in the contract is met within the first seven years in which the interventions are provided, but the evaluation of the success of the contract may take into account outcomes that occur at any time after the provision of program-eligible interventions has been completed;
(f) Specify the procedures that the lead contractor must follow to request
payments and a repayment schedule;
(g) State that any request for payment made by the lead contractor is
subject to approval by the office and that the obligation of the office to make any payment is subject to annual appropriation by the general assembly; and
(h) Include a clause that specifies any causes for and the procedures for
early termination of a contract, requires at least ninety days notice to each party to the contract and any service provider of a proposed termination, and requires a transition plan that minimizes any negative impact on the individuals being served by the lead contractor should early termination occur.
(4) With the approval of the office and the lead contractor, one or more local
governments may be additional parties to a contract to be entered into by the office as authorized by subsection (3) of this section if the chief financial officer and the governing body of each participating local government review and approve the terms of the proposed contract. Any contract that includes one or more local governments as additional parties shall provide for the allocation of payment responsibilities between the state and each local government if the lead contractor meets the defined performance targets specified in the contract.
(5) The office shall enact a sustainability plan based on successful outcomes
and performance for those program-eligible interventions that yield savings as assessed by an independent evaluator. If requested by the office or the state auditor, the independent evaluator shall provide its assessment and the data underlying its assessment to the state auditor for review. The office shall annually make publicly available a summary that identifies the defined performance targets met and not met and amounts of success payments paid.
(6) (a) The pay for success contracts fund and the office of state planning
and budgeting youth pay for success initiatives account of the fund are hereby created in the state treasury. The principal of the fund and the principal of the account respectively consist of:
(I) Money appropriated or transferred to the fund or the account by the
general assembly that has become available or is expected to become available due to direct or indirect reductions in state spending resulting from the provision of program-eligible interventions programs under a contract entered into pursuant to subsection (2) of this section; and
(II) Any other money that the general assembly appropriates or transfers to
the fund or the account.
(b) Interest and income earned on the deposit and investment of money in
the fund is credited to the fund; except that interest and income earned on the deposit and investment of money in the account is credited to the account. Subject to annual appropriation by the general assembly, the office shall expend money in the fund and in the account to make payments to the lead contractor as required by a contract and to pay any administrative expenses incurred in connection with a contract. The office shall expend money in the account solely for the programs listed in section 24-37-404, but the department of human services may expend any money appropriated to it from the account for personal services and operating expenses related to the administration of any contract.
(7) Funding provided by a nongovernmental entity for a program to be
implemented under the terms of a pay for success contract is not a grant, as defined in section 24-75-1301, even if the funding is not ultimately required to be repaid because the entity receives contractual consideration from the state in exchange for the funding in the form of a promise to make success payments if the program is successful.
(8) Unless otherwise specifically provided, nothing in this section exempts
the state, a lead contractor, or any other person involved in the provision of services being provided through a program that is implemented through a pay for success contract from the requirements of any applicable federal, state, or local law or rule.
Source: L. 2015: Entire part added, (HB 15-1317), ch. 205, p. 738, � 1, effective
May 20. L. 2017: IP(3) amended, (HB 17-1051), ch. 99, p. 351, � 66, effective August 9. L. 2018: (6) amended, (HB 18-1323), ch. 187, p. 1260, � 1, effective April 30.
C.R.S. § 24-37-404
24-37-404. Transfers from marijuana tax cash fund and general fund to office of state planning and budgeting youth pay for success initiatives account - use of. (1) The state treasurer shall transfer the following amounts to the office of state planning and budgeting youth pay for success initiatives account of the fund:
(a) On July 1, 2018:
(I) Nine hundred eighty-nine thousand four hundred seventy dollars from the
marijuana tax cash fund; and
(II) Four hundred one thousand three hundred fourteen dollars from the
general fund;
(b) On July 1, 2019:
(I) One million seven hundred seventeen thousand seven hundred sixty-four
dollars from the marijuana tax cash fund; and
(II) Five hundred forty-five thousand seventy-nine dollars from the general
fund;
(c) On July 1, 2020:
(I) One million seven hundred twenty-five thousand sixty-six dollars from the
marijuana tax cash fund; and
(II) Four hundred ninety-eight thousand three hundred fifty-five dollars from
the general fund; and
(d) On July 1, 2021, four hundred forty-eight thousand four hundred eighty
dollars from the general fund.
(2) The office shall expend money in the account only for the following pilot
programs, which the office has selected for implementation after reviewing numerous proposals submitted in response to its call for innovation for proposals designed to reduce juvenile involvement in the justice system, reduce out-of-home placements of juveniles, and improve on-time high school graduation rates:
(a) A Jefferson county pilot program to improve educational outcomes for
foster youth;
(b) A multi-systemic therapy pilot program for underserved regions of
Colorado; and
(c) A Denver pilot program to better serve runaway youth upstream.
Source: L. 2018: Entire section added, (HB 18-1323), ch. 187, p. 1261, � 2,
effective April 30.
ARTICLE 37.3
Colorado Food Systems Advisory Council
24-37.3-101 to 24-37.3-107. (Repealed)
Source: L. 2019: Entire article repealed, (HB 19-1202), ch. 403, p. 3574, � 5,
effective May 31.
Editor's note: This article 37.3 was added in 2010. For amendments to this
article 37.3 prior to its repeal in 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article 37.3 was relocated to part 11 of article 31 of title 23. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
ARTICLE 37.5
Office of Information Technology
Editor's note: This article was added with relocations in 1999. Former C.R.S.
section numbers are shown in editor's notes following those sections that were relocated.
PART 1
OFFICE CREATED
24-37.5-101. Legislative declaration - findings. (1) The general assembly
hereby finds and declares that:
(a) Communication and information resources in the various agencies of
state government are valuable strategic assets belonging to the people of Colorado that must be managed accordingly;
(a.5) It is imperative that the long-term sustainability and eventual
retirement of information technology systems be considered when initiating a major information technology project and that project plans include the various components that will result in project success;
(b) Technological and theoretical advances in the area of communication and
information use are recent in origin, immense in scope and complexity, and progressing rapidly;
(c) The nature of these advances presents Colorado with the opportunity to
provide higher quality, more timely, and more cost-effective governmental services;
(d) Agencies independently acquire uncoordinated and duplicative
information resource technologies that are more appropriately acquired as part of a coordinated effort for maximum cost effectiveness and use;
(e) The sharing of communication and information resource technologies
among agencies is often the most cost-effective method of providing the highest quality and most timely governmental services that would otherwise be cost prohibitive;
(f) Considerations of both cost and the need for the transfer of information
among the various agencies and branches of state government in the most timely and useful form possible require a uniform policy and coordinated system for the use and acquisition of communication and information resource technologies; and
(g) It is the policy of this state to coordinate and direct the use of
communication and information resources technologies by state agencies and to provide as soon as possible the most cost-effective and useful retrieval and exchange of information both within and among the various state agencies and branches of government and from the state agencies and branches of government to the people of Colorado. To that end, the office of information technology is created.
Source: L. 99: Entire article added with relocations, p. 864, � 1, effective July
-
L. 2006: (1)(g) amended, p. 1725, � 1, effective June 6. L. 2012: (1)(a.5) added, (HB 12-1288), ch. 67, p. 232, � 1, effective August 8.
24-37.5-102. Definitions. As used in this article 37.5, unless the context otherwise requires:
(1) Advisory board means the government data advisory board created in section 24-37.5-702.
(2) Availability means the timely and reliable access to and use of information created, generated, collected, or maintained by a public agency.
(3) Chief information officer means the chief information officer appointed pursuant to section 24-37.5-103.
(4) Confidentiality means the preservation of authorized restrictions on information access and disclosure, including the means for protecting personal privacy and proprietary information.
(5) Data means facts that can be collected, analyzed, or used in an effort to gain knowledge or make decisions, and that are represented as texts, numbers, graphics, images, sounds, and videos.
(6) Data management means development and execution of architectures, policies, practices, and procedures that properly manage the creation, collection, protection, sharing, analysis, transmission, storage, and destruction of data.
(7) Department of higher education means the Colorado commission on higher education, collegeinvest, the Colorado student loan program, the Colorado college access network, the private occupational school division, and the state historical society.
(8) Disaster recovery means the provisioning of the office's provided services for operational recovery, readiness, response, and transition of information technology applications, systems, or resources.
(9) Enterprise means:
(a) Information technology services that can be applied across state government; and
(b) Support for information technology that can be applied across state government, including:
(I) Technical support;
(II) Software;
(III) Hardware;
(IV) People; and
(V) Standards.
(10) Information security means the protection of communication and information resources from unauthorized access, use, disclosure, disruption, modification, or destruction in order to:
(a) Protect against theft or misappropriation of information, as well as improper access, modification, degradation, or destruction of information;
(b) Preserve authorized restrictions on information access and disclosure;
(c) Ensure timely and reliable access to and use of information; and
(d) Maintain the confidentiality, integrity, and availability of information.
(11) Information security plan means the plan developed by a public agency pursuant to section 24-37.5-404.
(12) Information technology means technology, infrastructure, equipment, systems, software, controlling, displaying, switching, interchanging, transmitting, and receiving data or information, including audio, video, graphics, and text. Information technology shall be construed broadly to incorporate future technologies that change or supplant those in effect as of September 7, 2021.
(13) Infrastructure means data and telecommunications networks, data center services, website hosting and portal services, and shared enterprise services such as email and directory services; except that infrastructure does not include the provision of website information architecture and content.
(14) Institution of higher education means a state-supported institution of higher education.
(15) Integrity means the prevention of improper information modification or destruction and ensuring information nonrepudiation and authenticity.
(16) Interdepartmental data protocol means file sharing and governance policies, processes, and procedures that permit the merging of data for the purposes of policy analysis and determination of program effectiveness.
(17) Joint technology committee means the joint technology committee created in section 2-3-1702.
(18) Local government means the government of any county, city and county, home rule or statutory city, town, special district, or school district.
(19) Major information technology project means a project that considers risk, impact on employees and citizens, and budget, and that includes at least one of the following: A complex set of challenges, a specific level of business criticality, a complex group or high number of stakeholders or system end users, a significant financial investment, or security or operational risk. A major information technology project includes, without limitation, implementing a new information technology system or maintaining or replacing an existing information technology system.
(20) Nongovernmental organization means any scientific, research, professional, business, or public-interest organization that is neither affiliated with nor under the direction of the United States government or any state or local government.
(21) Office means the office of information technology created pursuant to section 24-37.5-103.
(22) Personal identifying information means any information that alone, or in combination with other information, can be used to identify an individual, including, but not limited to, social security number, driver's license number or other identification number, biometric data, personal health information as defined by the federal Health Insurance Portability and Accountability Act of 1996, as amended, Pub.L. 104-191, and other information that is considered personal information or personally identifiable information as defined in law.
(23) Political subdivision means a municipality, county, city and county, town, or school district in this state.
(24) Project management means the application of knowledge, skills, tools, and techniques to support completing outcomes identified in the work.
(25) Project manager means a person who is trained in the management of information technology projects and is responsible for organizing and leading the project team that accomplishes all of the project deliverables.
(26) Public agency means every state office, whether executive or judicial, and all of its respective offices, departments, divisions, commissions, boards, bureaus, and institutions. Public agency does not include institutions of higher education or the general assembly.
(27) Security incident means an accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of communication and information resources.
(28) State agency means all of the departments, divisions, commissions, boards, bureaus, and institutions in the executive branch of the state government. State agency does not include the legislative or judicial department, the department of education, the department of law, the department of state, the department of the treasury, or state-supported institutions of higher education.
(29) State information technology personnel means any personnel whose employment is necessary to carry out the purposes of this article 37.5 by the chief information officer and to administer, perform, and enforce the powers, duties, and functions of the office.
Source: L. 99: Entire article added with relocations, p. 865, � 1, effective July 1. L. 2006: (3) and (4) amended, p. 1725, � 2, effective June 6; (3.5), (3.7), (4.3), and (4.7) added, p. 1721, � 1, effective June 6. L. 2008: Entire section amended, p. 1111, � 1, effective May 22. L. 2010: (1.5), (1.7), and (2.5) added, (SB 10-148), ch. 107, p. 358, � 1, effective April 15; (1.3) and (3.5) added, (HB 10-1401), ch. 367, p. 1729, � 1, effective June 7. L. 2012: (1.8), (1.9), (2.6), and (3.2) added, (HB 12-1288), ch. 67, p. 232, � 2, effective August 8. L. 2013: (2.3) added, (HB 13-1079), ch. 246, p. 1191, � 2, effective May 18. L. 2015: (1.6) added and (1.7) amended, (HB 15-1213), ch. 83, p. 241, � 1, effective August 5. L. 2018: IP and (2.6)(a) amended, (HB 18-1421), ch. 395, p. 2355, � 2, effective June 6. L. 2019: (4) amended, (SB 19-253), ch. 255, p. 2454, � 1, effective August 2. L. 2021: Entire section amended, (HB 21-1236), ch. 211, p. 1097, � 5, effective September 7.
Editor's note: (1) Subsection (1.3)(b) provided for the repeal of subsection (1.3) and subsection (3.5)(b) provided for the real of subsection (3.5), effective July 1, 2014. (See L. 2010, p. 1729.)
(2) The provisions of this section are similar to several former provisions of �� 24-37.5-402 and 24-37.5-702 as they existed prior to 2021.
24-37.5-103. Office of information technology - creation - information technology revolving fund - geographic information system coordination. (1) There is hereby created in the office of the governor an office of information technology, the head of which shall be the chief information officer, who shall be appointed by the governor and who shall serve at the pleasure of the governor.
(2) For state fiscal year 2013-14 and for each state fiscal year thereafter, one hundred percent of the money appropriated by the general assembly from the information technology revolving fund established in section 24-37.5-112 (1)(a) shall be used to fund the office.
(3) (a) There is hereby established in the state treasury the information technology revolving fund. Money shall be appropriated to the fund each year by the general assembly in the annual general appropriation act for the direct and indirect costs of the office.
(b) The office shall develop a method for billing users of the office's services the full cost of the services, including materials, depreciation related to capital costs, labor, and administrative overhead. The billing method shall be fully implemented for all users of the office's services on or before July 1, 2013.
(c) All interest earned on the investment of money in the fund shall be credited to the fund. Money in the revolving fund shall be continuously appropriated to the office of information technology to pay the costs of consolidation and information technology maintenance and upgrades. Any money credited to the revolving fund and unexpended and unencumbered at the end of any given fiscal year shall remain in the fund and shall not revert to the general fund.
(4) On and after July 1, 2008, all duties and responsibilities for statewide geographic information system coordination shall be transferred from the department of local affairs to the office. The office shall develop a statewide geographic information system plan on or before July 1, 2010, and submit such plan to the governor and to the state, veterans, and military affairs committees of the senate and the house of representatives, or their successor committees.
Source: L. 99: Entire article added with relocations, p. 866, � 1, effective July 1. L. 2006: Entire section amended, p. 1726, � 3, effective June 6. L. 2021: Entire section amended, (HB 21-1236), ch. 211, p. 1101, � 6, effective September 7.
Editor's note: The provisions of this section are similar to several former provisions of �� 24-37.5-104 (7)(h)(IV), 24-37.5-111, and 24-37.5-112 as they existed prior to 2021.
24-37.5-104. Transfer of functions - change of name - continuity of existence - legislative declaration - rules. (Repealed)
Source: L. 99: Entire article added with relocations, p. 866, � 1, effective July 1. L. 2006: (5) added, p. 1726, � 4, effective June 6. L. 2008: (6) added, p. 1113, � 2, effective May 22. L. 2010: (7) added, (SB 10-148), ch. 107, p. 358, � 2, effective April 15. L. 2011: (7)(h)(II), (7)(h)(III), and (7)(h)(IV) amended, (SB 11-062), ch. 128, p. 428, � 1, effective April 22. L. 2021: (1) to (5), (6)(a) to (6)(f), (6)(g), (7)(a) to (7)(h)(III), and (7)(h)(IV) repealed, (HB 21-1236), ch. 211, p. 1117, �� 20, 21, effective September 7.
24-37.5-105. Office - roles - responsibilities - state search interface - rules - legislative declaration - definitions. (1) The office may receive and expend gifts, grants, donations, and bequests, specifically including state and federal money and other money available. The office may contract with the United States and any other legal entities with respect to money available through gifts, grants, donations, or bequests.
(2) The office may designate to a specific state agency any contribution of advanced information technology, gifts, grants, donations, or bequests from private sources, including but not limited to advanced information technology companies, individuals, and foundations. The office may also determine that such contributions remain nondesignated.
(3) The office shall:
(a) Deliver innovation and information technology to state agencies to foster collaboration among state agencies, to empower state agencies to provide better service to residents of Colorado, and to maximize the value of taxpayer resources;
(b) Coordinate with state agencies to provide assistance, advice, and expertise in connection with business relationships between state agencies and private sector providers of information technology resources. Such assistance shall include efforts that strengthen and create efficiencies in those business relationships.
(c) Assist the joint technology committee as necessary to facilitate the committee's oversight of the office; and
(d) Establish, maintain, and keep an inventory of information technology owned by or held in trust for every state agency.
(3.5) The office shall build, or contract with a third-party vendor to build, the Colorado statewide longitudinal data system, as defined in section 24-37.5-125, that advances technology solutions and improves data connectivity and analysis concerning education and workforce readiness statewide.
(4) Governance. The office shall establish, maintain, and enforce information technology oversight and standards and shall support collaborative decision-making. In connection with information technology governance, the office shall:
(a) Oversee statewide information technology strategy, rates and services, broadband, security, data, architecture, and information technology standards;
(b) Provide assistance and guidance to state agencies in developing individual state agency information technology plans and ensure compliance with the state agency information technology plan; and
(c) Provide project governance to all information technology projects, including:
(I) Evaluating all information technology projects for alignment with state standards, architecture, and best practices;
(II) Ensuring that every project is managed by an assigned project manager and ensuring that the state agency working on an information technology capital project reports to the office based on the governance standards specified in this subsection (4); and
(III) Developing standards for project management including risk management and change management;
(d) Develop and encourage an internet-based state government and facilitate the dissemination of information onto the internet through web and domain naming standards. In connection with developing an internet-based state government, the office shall:
(I) Set standards for, partner in the development of, and encourage a secure, readily accessible, and equitably available digital state government and facilitate the dissemination of information onto the internet;
(II) Collaborate with the statewide internet portal authority created in section 24-37.7-102 and other state agencies to create, maintain, and enhance the citizen experience of government; and
(III) Ensure all applications comply with the accessibility standards specified in article 85 of this title 24.
(5) Budget requests. In consultation with the office of state planning and budgeting, the office shall:
(a) Review and submit budget requests for all information technology resources to be used by state agencies; and
(b) Direct the development of policies and procedures, in consultation with the office of state planning and budgeting, that are integrated into the state's strategic planning and budgeting processes and that state agencies shall follow in developing information technology plans and technology-related budget requests.
(6) Technology purchasing for enterprises. The office shall initiate the procurement of information technology resources for state agencies and enter into agreements or contracts on behalf of a state agency, multiple agencies, or the office, or be a party to procurement contracts that are initiated by state agencies. A state agency may initiate solicitations and contracts for information technology resources only with prior approval of the procurement official for the office, and must include provisions allowing the office to enforce technology and security standards or conduct due diligence or audits of the contractors. If the state agency does not receive written approval or disapproval from the procurement official for the office within thirty business days after submitting the procurement request to the office for review, the state agency may assume that it has received the prior approval of the office, as required by this subsection (6), and is authorized to initiate the procurement or solicitation process. In connection with the procurement of information technology resources, the office shall:
(a) Ensure information technology purchases adhere to standards for data technology, architecture, and security;
(b) Establish special requirements for vendors of information technology services to state agencies and adapt standards as necessary for individual state agencies to comply with federal law;
(c) Oversee information technology vendors on behalf of the state and state agencies except when delegated to a state agency pursuant to section 24-37.5-105.4; and
(d) If the office does not have oversight of an information technology or services contract, ensure that the state agency with oversight of the contract operates pursuant to section 24-37.5-105.4 regarding the delegation of authority.
(7) Information technology personnel. To the extent permitted by applicable personnel laws and rules, the office shall oversee hiring, management, training, and performance of all state information technology personnel except when such duties are delegated pursuant to section 24-37.5-105.4.
(8) State applications. The office shall oversee the installation, services, maintenance, and retirement of all state applications except when such duties are delegated pursuant to section 24-37.5-105.4. In connection with such oversight, the office shall:
(a) Develop standards for application development and maintenance, including methodology that all state agencies shall use for application development activities;
(b) Ensure that cost-effective, efficient, and secure information and communication systems and resources are being used by state agencies to:
(I) Reduce data, hardware, and software redundancy;
(II) Improve system interoperability and data accessibility between agencies; and
(III) Meet the agency's and user's business and service needs.
(9) Infrastructure. The office shall oversee the information technology infrastructure and hardware, including:
(a) Service delivery, installation, maintenance, and retirement of all data center, mainframe, servers, storage and computer resources, email and collaboration, network, telecommunications, and end user support as outlined by services and policies in subsection (3)(f) of this section; and
(b) Implementing information technology standards and specifications, characteristics, or performance requirements of infrastructure resources that increase efficiency and improve security and identify opportunities for cost savings based on such standardization.
(10) (a) The general assembly hereby:
(I) Finds that:
(A) Rules adopted by agencies affect many areas of life for Colorado citizens, including water, air, food, energy, mobility, employment, and health care;
(B) Maintaining a vibrant business economy in the state is a goal shared by all Coloradans; and
(C) Public participation in the rule-making process promotes fairness, acceptability, and public accountability and can help foster greater public trust;
(II) Determines that:
(A) Engaging the assistance of lawyers, lobbyists, and technical experts should not be required for Coloradans to access the rules that affect their lives and businesses;
(B) The general assembly created the online transparency task force in House Bill 20-1039, enacted in 2020, to recommend online transparency improvements to the general assembly; and
(C) The task force found that it is unnecessarily burdensome to require both agency and public users to navigate within and between independent departmental resources and reinforced that establishing a clear, centralized agency rule and rule-making resource is necessary; and
(III) Declares that this subsection (10) is necessary to improve access to state rules for all Coloradans and to modernize and enhance the search functionality and transparency of existing web platforms, which are spread across multiple agencies, by creating a single, public-facing search interface for accessing agency rules and state rule-making that meets the minimum standards established in this subsection (10).
(b) Standards for the search interface must include but are not limited to:
(I) A centralized search interface for access to all agency rule-making that is highly visible on the state's main website and that uses search engine optimization to enable it to be located on the internet;
(II) An optimized, intuitive, and full-text search engine that is continuously optimized to increase accuracy and search speed and provide robust search results for users;
(III) An application programming interface that enables quantifiable research on state rules;
(IV) A public comment process that directs users toward the open comment process on the respective agencies' websites when available;
(V) An integrated, subscribable calendar of all agencies' rule-making hearings;
(VI) A fully responsive design that is compatible with mobile and tablet devices; and
(VII) Compliance with section 24-85-103, the federal Americans Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, and section 508 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec. 794d, as amended, to make the search interface accessible to people with disabilities.
(c) To facilitate operation of the search interface, the secretary of state shall provide to the office information access to the code of Colorado regulations and Colorado register. To facilitate operation of the search interface, all other agencies shall provide to the office access to their databases and information sources that contain information for rule-making proceedings. The office shall develop the search interface as specified in this subsection (10). The secretary of state shall advise the office in the development of the search interface as necessary and upon request. The office shall make the search interface available for use by June 30, 2022; except that, if an unforeseen technological impediment prevents achievement of this deadline, the office shall:
(I) Identify the impediment, identify a proposed solution, and execute necessary steps to resolve the impediment within existing appropriations;
(II) Notify the joint technology committee of the general assembly in writing that it will not meet the deadline and include in the notice a description of the impediment, the individual tasks comprising the proposed solution, and the anticipated completion date; and
(III) Appear before the joint technology committee at the first practicable opportunity after June 30, 2022, to discuss the implementation of the search interface.
(d) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this subsection (10).
(e) As used in this subsection (10), agency has the meaning established in section 24-4-102 (3).
Source: L. 99: Entire article added with relocations, p. 867, � 1, effective July 1. L. 2006: (3) amended, p. 1727, � 5, effective June 6; (4), (5), (6), and (7) added, p. 1722, � 2, effective June 6. L. 2007: (6) amended, p. 914, � 9, effective May 17. L. 2008: (3)(g), (3)(h), (3)(i), (8), and (9) added and (4), (5), (6), and (7) amended, pp. 1114, 1115, �� 3, 4, effective May 22. L. 2010: (10) added, (SB 10-032), ch. 98, p. 336, � 2, effective April 15; (3.5) added, (HB 10-1401), ch. 367, p. 1730, � 2, effective June 7; (11)(b)(I), (11)(b)(II), (11)(b)(IV), (11)(b)(VI), and (11)(c)(II) amended, (HB 10-1404), ch. 405, p. 2005, � 7, effective June 10; (11) added, (HB 10-1119), ch. 340, p. 1573, � 9, effective August 11. L. 2011: (3)(h) and (3)(i) amended, (SB 11-062), ch. 128, p. 429, � 2, effective April 22; (3)(h) and (3)(i) amended and (3)(j) added, (SB 11-173), ch. 310, p. 1517, � 5, effective June 10. L. 2012: (10)(a) and (10)(m) amended, (SB 12-096), ch. 59, p. 215, � 1, effective March 24; (3)(i), (3)(j), and (4)(a) amended and (3)(k), (4)(c), and (4)(d) added, (HB 12-1288), ch. 67, p. 233, � 3, effective August 8. L. 2013: (3)(l) added and IP(3.5)(a), (3.5)(b), and IP(8) amended, (HB 13-1079), ch. 246, p. 1191, � 3, effective May 18. L. 2014: (3)(k) and (3)(l) amended and (3)(m) added, (HB 14-1387), ch. 378, p. 1843, � 45, effective June 6. L. 2015: (11)(b)(I), (11)(b)(II), (11)(b)(IV), (11)(b)(VI), and (11)(c)(II) amended, (SB 15-204), ch. 264, p. 1029, � 10, effective June 2; (3)(i) and IP(8) amended, (HB 15-1213), ch. 83, p. 241, � 2, effective August 5. L. 2018: (12), (13), and (14) added, (SB 18-086), ch. 319, p. 1919, � 6, effective May 30; (4)(c)(VII) and (4)(c)(VIII) amended and (4)(c)(IX) and (4.5) added, (HB 18-1421), ch. 395, p. 2355, � 3, effective June 6. L. 2019: (3)(l), (3)(m), (4)(c)(VIII), and (4)(c)(IX) amended and (3)(n) and (4)(c)(X) added, (SB 19-251), ch. 253, p. 2448, � 1, effective May 23. L. 2021: (10) added, (HB 21-1230), ch. 449, p. 2953, � 1, effective July 6; entire section R&RE, (HB 21-1236), ch. 211, p. 1102, � 7, effective September 7. L. 2022: IP(6) amended, (SB 22-191), ch. 481, p. 3502, � 1, effective June 8. L. 2024: (3.5) added, (HB 24-1364), ch. 238, p. 1552, � 2, effective May 23.
Editor's note: (1) Amendments to subsections (3)(h) and (3)(i) by Senate Bill 11-062 and Senate Bill 11-173 were harmonized.
(2) Subsection (3.5)(c) provided for the repeal of subsection (3.5) and subsection (10)(m) provided for the repeal of subsection (10), effective July 1, 2014. (See L. 2010, p. 1730 and L. 2012, p. 215.)
(3) Amendments to this section by HB 21-1230 and HB 21-1236 were harmonized.
Cross references: (1) For the legislative declaration in the 2010 act adding subsection (10), see section 1 of chapter 98, Session Laws of Colorado 2010.
(2) In 2010, subsection (11) was added by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. For the short title, see section 1 of chapter 340, Session Laws of Colorado 2010.
(3) For the legislative declaration in the 2011 act amending subsections (3)(h) and (3)(i) and adding subsection (3)(j), see section 1 of chapter 310, Session Laws of Colorado 2011.
(4) For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
24-37.5-105.2. State agencies - information technology - responsibilities. (1) In connection with information technology, each state agency shall:
(a) Comply with the rules, standards, plans, policies, and directives of the office;
(b) Comply with information technology requests of the office, the general assembly, the joint technology committee, and the joint budget committee, and provide evidence of such compliance upon request of the governor, general assembly, the joint technology committee, or the joint budget committee;
(c) Participate with and advise the office on the creation of an information technology plan for the state agency as part of the state's planning and budgeting process; and
(d) Support effective use of information technology by defining roles and processes to partner with the office.
(2) In connection with any major information technology project that a state agency plans to undertake, the state agency shall:
(a) Consult with the office on the development of the major information technology project;
(b) Before commencing work on the major information technology project, submit the plan to the office and obtain approval from the office;
(c) If the state agency plans to make significant changes to the major information technology project or budget, consult with the office regarding the changes and obtain the office's approval of the changes before commencing work on the changes; and
(d) Consult with and obtain approval from the office for changes to the funding strategy for the ongoing maintenance and eventual disposal of a major information technology system.
(3) State agencies have the responsibility for ensuring program delivery and for creating a business culture that prioritizes maximizing value from technology and information technology projects. State agencies shall:
(a) Understand and manage the business criticality of their systems;
(b) Improve awareness of how information technology can help them achieve the mission of the state agency;
(c) Articulate the outcomes of their information technology products and use processes that effectively prioritize investments and improvements aimed at achieving those outcomes; and
(d) Plan for and manage the impacts of changes resulting from information technology projects for staff and constituents to enhance adoption and maximize the value of information technology investments.
(4) State agency responsibilities for user access to all state information technology systems, in connection with employees, contractors, subcontractors, and other users include:
(a) Ensuring that user access is correct and that all requirements are satisfied;
(b) Requesting appropriate access to information technology systems;
(c) Periodic auditing of access levels; and
(d) Removal of access.
(5) For security purposes, a state agency shall include the office as a party to all contracts or agreements for information technology goods, services, or systems.
(6) A state agency shall hold authority and be responsible for projects managed by the state agency when the office is involved only as a party to the contract or a party to the agreement with a vendor, contractor, or other party.
Source: L. 2021: Entire section added, (HB 21-1236), ch. 211, p. 1105, � 8, effective September 7.
24-37.5-105.4. Delegation of authority. (1) The chief information officer may delegate an information technology function of the office to another state agency by agreement or other means authorized by law. The chief information officer may delegate an information technology function of the office if in the judgment of the director of the state agency and the chief information officer:
(a) The state agency has requested that the function be delegated;
(b) The state agency has the necessary resources and skills to perform or control the function to be delegated; and
(c) The function to be delegated is a unique or mission-critical function of the state agency.
(2) The chief information officer may delegate a function of the office only when the delegation results in net cost savings or improved service delivery to the state as a whole or to the unique mission critical function of the state agency, or is not otherwise provided in the office's information technology oversight and standards governance developed pursuant to section 24-37.5-105 (4).
(3) For any delegation of authority pursuant to this section, the office shall formalize an agreement with the state agency in which the agency assumes the responsibility for all of the requirements specified in this subsection (3), including acknowledging responsibility for ensuring that the information technology or service maintains ongoing compliance with state information technology policies and standards pursuant to section 24-37.5-105 (4) and applicable federal regulations. The delegation of authority pursuant to this section shall be in writing and shall contain the following:
(a) A precise definition of each function to be delegated;
(b) A clear description of the standards to be met in performing each delegated function;
(c) Designation of the state agency responsible for ensuring operational security and validating compliance to security policies and standards;
(d) A provision for periodic administrative audits by the office;
(e) A date on which the agreement shall terminate if the agreement has not been previously terminated or renewed; and
(f) Designation of the appointing authority responsible for the delegated services to support the function in the state agency and rates to be charged for the staff.
(4) An agreement to delegate functions to a state agency may be terminated by the office if the results of an administrative audit conducted by the office reveals a lack of compliance with the terms of the agreement by the state agency.
Source: L. 2021: Entire section added, (HB 21-1236), ch. 211, p. 1107, � 8, effective September 7.
24-37.5-106. Chief information officer - duties and responsibilities - rules. (1) The position of chief information officer shall be commensurate with the position of head of a principal department and shall be a member of the governor's cabinet.
(2) The chief information officer shall:
(a) Monitor trends and advances in information technology resources, direct and approve a comprehensive, statewide, planning process, and plan for the acquisition, management, and use of information technology. The statewide information technology plan shall be updated annually and submitted to the governor, the joint technology committee, the speaker of the house of representatives, and the president of the senate.
(b) Advise the joint technology committee and the joint budget committee on requested or ongoing information technology projects, including the adherence of the office to the budget, amounts appropriated, and relevant contract deadline dates or schedules for those projects;
(c) Supervise the chief information security officer appointed pursuant to section 24-37.5-403 (1);
(d) Hire or retain such contractors, subcontractors, advisors, consultants, and agents as the chief information officer may deem advisable or necessary, in accordance with relevant procedures, statutes, and rules and make and enter into contracts necessary or incidental to the exercise of the powers and performance of the duties of the office and the chief information officer;
(e) Assist the joint technology committee as necessary to facilitate the committee's oversight of the office; and
(f) Appoint a director of the Colorado broadband office created in section 24-37.5-903 (1).
(3) The chief information officer may enter into contracts with any local government, state agency, or political subdivision of the state, including the legislative and judicial departments, the department of law, the department of state, the department of treasury, or state-supported institutions of higher education, for the purpose of providing disaster recovery services.
(4) The chief information officer may promulgate as rules pursuant to article 4 of this title 24 all of the policies, procedures, standards, specifications, guidelines, or criteria that are developed or approved pursuant to section 24-37.5-105 (4) and rules to establish accessibility standards for individuals with a disability pursuant to section 24-85-103 and to implement the broadband deployment grant program pursuant to section 24-37.5-905.
Source: L. 99: Entire article added with relocations, p. 868, � 1, effective July 1. L. 2001: (1)(c), (1)(e), (1)(i), and (1)(j) amended and (2) added, p. 124, � 3, effective March 23. L. 2006: Entire section amended, p. 1728, � 6, effective June 6. L. 2007: (1)(a), (1)(c), (1)(e), and (1)(i) amended and (1)(n) added, p. 911, � 5, effective May 17. L. 2008: (1) amended and (4) added, p. 1117, � 5, effective May 22; (3) added, p. 1701, � 1, effective June 2. L. 2009: (3)(e), (3)(f), and (3)(g) amended, (SB 09-162), ch. 423, p. 2361, � 1, effective June 4; (1)(o) amended and (1)(q), (1)(r), and (1)(s) added, (HB 09-1285), ch. 199, p. 898, � 5, effective August 5. L. 2010: (1.7) amended, (SB 10-148), ch. 107, p. 360, � 3, effective April 15. L. 2012: (1)(r) and (1)(s) amended and (1)(t) added, (HB 12-1339), ch. 143, p. 516, � 1, effective May 3; (1)(e.5) added, (HB 12-1288), ch. 67, p. 234, � 4, effective August 8. L. 2013: (1)(a), (1)(m), and (1)(t)(I) amended and (1)(u) added, (HB 13-1079), ch. 246, p. 1192, � 4, effective May 18. L. 2019: (1.7) amended, (SB 19-253), ch. 255, p. 2454, � 2, effective August 2. L. 2021: (1)(u) amended and (1)(v) add, (HB 21-1289), ch. 371, p. 2444, � 4, effective June 28; (2)(f) added, (HB 21-1289), ch. 371, p. 2444, � 5, effective September 7; entire section R&RE, (HB 21-1236), ch. 211, p. 1108, � 9, effective September 7. L. 2023: (4) amended, (SB 23-244), ch. 100, p. 372, � 4, effective April 20. L. 2024: (4) amended, (HB 24-1336), ch. 219, p. 1366, � 5, effective September 1.
Editor's note: (1) Subsection (3)(g) provided for the repeal of subsection (3), effective January 1, 2010. (See L. 2008, p. 1701.)
(2) Subsection (1)(t)(II) provided for the repeal of subsection (1)(t), effective July 1, 2014. (See L. 2012, p. 516.)
(3) This section was amended in section 4 of HB 21-1289. Those amendments were superseded by the repeal and reenactment of this section in section 9 of HB 21-1236.
Cross references: For the legislative declaration in HB 21-1289, see section 1 of chapter 371, Session Laws of Colorado 2021.
24-37.5-107. Work eligibility verification portal. (Repealed)
Source: L. 2006, 1st Ex. Sess.: Entire section added, p. 34, � 1, effective July 31. L. 2021: Entire section repealed, (HB 21-1236), ch. 211, p. 1117, � 21, effective September 7.
24-37.5-108. Statewide communications and information infrastructure - establishment - duties. (Repealed)
Source: L. 2007: Entire section added with relocations, p. 912, � 6, effective May 17. L. 2008: (1)(d) amended, p. 1130, � 13, effective May 22. L. 2011: (1)(a) and (1)(c) amended, (SB 11-062), ch. 128, p. 429, � 3, effective April 22. L. 2021: Entire section repealed, (HB 21-1236), ch. 211, p. 1117, � 21, effective September 7.
Editor's note: This section is similar to former � 24-37.5-203 as it existed prior to 2007.
24-37.5-109. Status of state agencies. (Repealed)
Source: L. 2007: Entire section added with relocations, p. 912, � 6, effective May 17. L. 2008: (1)(a) amended, p. 1119, � 6, effective May 22. L. 2011: (1)(a) amended, (SB 11-062), ch. 128, p. 429, � 4, effective April 22. L. 2012: (1)(c) and (1)(d) amended and (1)(e) added, (HB 12-1288), ch. 67, p. 235, � 5, effective August 8. L. 2013: (1)(c) and (1)(d) amended, (HB 13-1079), ch. 246, p. 1192, � 5, effective May 18. L. 2021: Entire section repealed, (HB 21-1236), ch. 211, p. 1117, � 21, effective September 7.
Editor's note: This section is similar to former � 24-37.5-204 as it existed prior to 2007.
24-37.5-110. Technology coordination. (Repealed)
Source: L. 2008: Entire section added, p. 1120, � 7, effective May 22. L. 2021: Entire section repealed, (HB 21-1236), ch. 211, p. 1117, � 21, effective September 7.
24-37.5-111. Geographic information system - coordinator - statewide plan. (Repealed)
Source: L. 2008: Entire section added, p. 1120, � 7, effective May 22. L. 2021: Entire section repealed, (HB 21-1236), ch. 211, p. 1117, � 20, effective September 7.
24-37.5-112. Information technology revolving fund. (Repealed)
Source: L. 2008: Entire section added, p. 1122, � 7, effective May 22. L. 2017: (2) amended, (SB 17-255), ch. 172, p. 627, � 2, effective April 28. L. 2020: (2) repealed, (HB 20-1382), ch. 208, p. 1019, � 1, effective June 30. L. 2021: Entire section repealed, (HB 21-1236), ch. 211, p. 1117, � 20, effective September 7.
24-37.5-113. Colorado benefits management system improvement and modernization project - appropriation - reporting - repeal. (Repealed)
Source: L. 2012: Entire section added, (HB 12-1339), ch. 143, p. 517, � 2, effective May 3. L. 2013: (2)(a) amended, (HB 13-1079), ch. 246, p. 1193, � 6, effective May 18.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2014. (See L. 2012, p. 517.)
24-37.5-114. Colorado financial reporting system modernization project - reporting. (Repealed)
Source: L. 2013: Entire section added, (SB 13-190), ch. 108, p. 376, � 3, effective April 4. L. 2021: Entire section repealed, (HB 21-1236), ch. 211, p. 1117, � 21, effective September 7.
24-37.5-115. Technology advancement and emergency fund - repeal. (Repealed)
Source: L. 2017: Entire section added, (SB 17-255), ch. 172, p. 626, � 1, effective April 28. L. 2020: (7) added, (HB 20-1382), ch. 208, p. 1019, � 2, effective June 30.
Editor's note: Subsection (7)(b) provided for the repeal of this section, effective June 30, 2020. (See L. 2020, p. 1019.)
24-37.5-116. Communications and stakeholder management plan. (1) On or before July 1, 2020, the office shall develop and implement a communications and stakeholder management plan for interacting with any department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government that is billed for the use of the services provided by the office. The office shall enlist vendor services in the development of the plan.
(2) On or before January 1, 2021, the office shall develop a method to annually solicit feedback from every department, commission, council, board, bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government that is billed for the use of the services provided by the office to determine if the communications and stakeholder management plan developed and implemented pursuant to subsection (1) of this section is increasing the governmental unit's satisfaction with the services provided by the office for which it is billed.
Source: L. 2019: Entire section added, (SB 19-251), ch. 253, p. 2449, � 2, effective May 23.
24-37.5-117. Use of technology to interact with citizens - working group - strategic plan. (1) The office shall convene a working group of state agencies, as defined in section 24-37.5-102 (28), to develop and implement a strategic plan for how state agencies use technology to provide services, data, and information to citizens and businesses. The office shall implement the plan on or before July 1, 2020.
(2) The office shall enlist vendor services in the development of the plan.
Source: L. 2019: Entire section added, (SB 19-251), ch. 253, p. 2449, � 2, effective May 23. L. 2021: (1) amended, (HB 21-1236), ch. 211, p. 1116, � 17, effective September 7.
24-37.5-118. Change of references - director to revisor of statutes. The revisor of statutes is hereby authorized to change all references in the Colorado Revised Statutes to the department of personnel and office of the governor as appropriate and with respect to the powers, duties, and functions transfer
C.R.S. § 24-4-105
24-4-105. Hearings and determinations. (1) In order to assure that all parties to any agency adjudicatory proceeding are accorded due process of law, the provisions of this section shall be applicable.
(2) (a) In any such proceeding in which an opportunity for agency
adjudicatory hearing is required under the state constitution or by this or any other statute, the parties are entitled to a hearing and decision in conformity with this section. Any person entitled to notice of a hearing shall be given timely notice of the time, place, and nature thereof, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted. Unless otherwise provided by law, such notice shall be served personally or by mailing by first-class mail to the last address furnished the agency by the person to be notified at least thirty days prior to the hearing. In fixing the time and place for a hearing, due regard shall be had for the convenience and necessity of the parties and their representatives.
(b) Any person given such notice shall file a written answer thirty days after
the service or mailing of such notice. If such person fails to answer, any agency, administrative law judge, or hearing officer, upon motion, may enter a default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry.
(c) A person who may be affected or aggrieved by agency action shall be
admitted as a party to the proceeding upon his filing with the agency a written request therefor, setting forth a brief and plain statement of the facts which entitle him to be admitted and the matters which he claims should be decided. Nothing in this subsection (2) shall prevent an agency from admitting any person or agency as a party to any agency proceeding for limited purposes.
(3) At a hearing only one of the following may preside: The agency, an
administrative law judge from the office of administrative courts, or, if otherwise authorized by law, a hearing officer who if authorized by law may be a member of the body which comprises the agency. Upon the filing in good faith by a party of a timely and sufficient affidavit of personal bias of an administrative law judge or a hearing officer or a member of the agency or the agency, the administrative law judge, hearing officer, or agency shall forthwith rule upon the allegations in such affidavit as part of the record in the case. An administrative law judge or a hearing officer may at any time withdraw if he or she deems himself or herself disqualified or for any other good reason in which case another administrative law judge or hearing officer may be assigned to continue the case, and he or she shall do so in such manner that no substantial prejudice to any party results therefrom. An agency or a member of an agency may withdraw for any like reason and in like manner, unless his or her withdrawal makes it impossible for the agency to render a decision.
(4) (a) Any agency conducting a hearing, any administrative law judge, and
any hearing officer shall have authority to: Administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof and receive evidence; dispose of motions relating to the discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of briefs and other documents; direct the parties to appear and confer to consider the simplification of the issues, admissions of fact or of documents to avoid unnecessary proof, and limitation of the number of expert witnesses; issue appropriate orders that shall control the subsequent course of the proceedings; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to dismiss without prejudice applications and other pleadings; dispose of motions to intervene, procedural requests, or similar matters; reprimand or exclude from the hearing any person for any improper or indecorous conduct in his or her presence; award attorney fees for abuses of discovery procedures or as otherwise provided under the Colorado rules of civil procedure; and take any other action authorized by agency rule consistent with this article 4 or in accordance, to the extent practicable, with the procedure in the district courts. All parties to the proceeding shall also have the right to cross-examine witnesses who testify at the proceeding. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform such of the above functions as can best be performed by one person only, and thereafter such person only shall perform those functions that are assigned to him or her by the several persons conducting such hearing.
(b) (I) (A) The general assembly hereby finds that the mediation process
generally saves the state and the licensee time and money. Mediation takes much less time than moving a case through agency proceedings and judicial review. These cases typically take months or years to resolve, but mediation typically achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. This benefits both the agency and the licensee, and because the result is attained by the parties working together, compliance with the mediated agreement is usually high. This further reduces costs because agencies do not have to pay an attorney or investigators to force compliance.
(B) The general assembly hereby declares that, in order to save time and
money, the policy of Colorado is to use mediation whenever appropriate to settle disputes between agencies and licensees.
(II) Upon petition of the agency or licensee after the licensee has received
the notice of hearing under subsection (2)(a) of this section, the hearing officer or administrative law judge shall order mediation between the agency and the licensee unless the license was summarily suspended in accordance with section 24-4-104 (4). When mediation is ordered, the agency shall:
(A) Assign a person with authority to make prehearing decisions concerning
disposition of the matter to be present during meetings related to settlement communications or mediation communications and to be included in any material settlement communications with the licensee or the licensee's representative over the matter; and
(B) Upon the licensee's request, allow a private or public mediator chosen by
the licensee to be present during meetings related to mediation and to be included in any material settlement communications with the licensee or the licensee's representative over the matter. If the mediator is privately retained, the licensee must pay the mediator's reasonable fees, and the agency need not pay the privately retained mediator's fees.
(III) To the extent feasible, for the purpose of carrying out this subsection (4):
(A) Administrative law judges shall make themselves available as public
mediators without cost to the licensee;
(B) The members of any governing body that regulates the licensee shall
make a member or other person available for mediation as a person with authority to make prehearing decisions concerning disposition of the matter.
(IV) If an agency fails to comply with an order of mediation, a licensee
adversely affected by the failure may petition the administrative law judge or hearing officer to suspend the proceedings and require compliance with the order, to be completed in good faith as soon as practicable, under the administrative law judge's or the hearing officer's supervision.
(V) If mediation fails, the agency shall notify the administrative law judge or
the hearing officer, and the administrative law judge or the hearing officer shall lift the suspension and proceed with the hearing.
(VI) When determining the place to hold the mediation, the agency shall give
due consideration to the location of the licensee's occupation or residence, the availability of an administrative law judge to mediate, and the availability of a member of the governing body that regulates the licensee to be a person with authority to make prehearing decisions concerning disposition of the matter.
(VII) This subsection (4)(b) applies only to agency proceedings that concern
an individual who is licensed to practice an occupation or profession; except that this subsection (4)(b) does not apply to a commercial driver's license issued under part 4 of article 2 of title 42.
(VIII) This subsection (4)(b) does not apply if a license has been summarily
suspended because the agency finds, in accordance with section 24-4-104 (4), that the licensee is guilty of a deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in the agency's order. Nothing in this subsection (4)(b) prohibits an agency and licensee from voluntarily agreeing to a mediation following a summary suspension.
(IX) Repealed.
(5) Subpoenas shall be issued without discrimination between public and
private parties by any agency or any member, the secretary, or chief administrative officer thereof or, with respect to any hearing for which an administrative law judge or a hearing officer has been appointed, the administrative law judge or the hearing officer. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena; in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court and may award attorney fees under the Colorado rules of civil procedure. A witness shall be entitled to the fees and mileage provided for a witness in a court of record.
(6) No person engaged in conducting a hearing or participating in a decision
or an initial decision shall be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigatory or prosecuting functions for the agency.
(7) Except as otherwise provided by statute, the proponent of an order shall
have the burden of proof, and every party to the proceeding shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, a person conducting a hearing may receive all or part of the evidence in written form. The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceeding, the person so conducting the hearing may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The person conducting a hearing shall give effect to the rules of privilege recognized by law. He may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available; but, upon request, the party shall be given an opportunity to compare the copy with the original. An agency may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.
(8) An agency may take notice of general, technical, or scientific facts within
its knowledge, but only if the fact so noticed is specified in the record or is brought to the attention of the parties before final decision and every party is afforded an opportunity to controvert the fact so noticed.
(9) (a) Any party, or the agent, servant, or employee of any party, permitted
or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear on their own behalf. An attorney who is a witness may not act as counsel for the party calling the attorney as a witness. Any party, upon payment of a reasonable charge therefor, shall be entitled to procure a copy of the transcript of the record or any part thereof. Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of such person's own choosing and, upon payment of a reasonable charge therefor, to procure a copy of the transcript of such person's testimony if it is recorded.
(b) (I) Except as provided in subparagraph (III) of this paragraph (b), no
attorney shall submit a document concerning an adjudicatory proceeding after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document.
(II) (A) Any state agency that adopts policies, procedures, rules, or
regulations for the purpose of implementing the provisions of this section shall ensure that the conduct of state business is not impeded and that no person is denied access to the services or programs of a state agency as a result of such implementation.
(B) No document shall be refused by a state agency solely because it was
not submitted on recycled paper.
(III) Nothing in this section shall be construed to apply to:
(A) Photographs;
(B) An original document that was prepared or printed prior to January 1,
1994;
(C) A document that was not created at the direction or under the control of
the submitting attorney;
(D) Facsimile copies concerning an adjudicatory proceeding otherwise
permitted to be filed in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section;
(E) Existing stocks of nonrecycled paper and preprinted forms acquired or
printed prior to January 1, 1994.
(IV) The provisions of this section shall not be applicable if recycled paper is
not readily available.
(V) For purposes of this paragraph (b), unless the context otherwise requires:
(A) Attorney means an attorney-at-law admitted to practice law before any
court of record in this state.
(B) Document means any pleading or any other paper submitted as an
appendix to such pleading by an attorney, which document is required or permitted to be filed with a state agency concerning any action to be commenced or which is pending before such agency.
(C) Recycled paper means paper with not less than fifty percent of its total
weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.
(10) Every agency shall proceed with reasonable dispatch to conclude any
matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order. Prompt notice shall be given of the refusal to accept for filing or the denial in whole or in part of any written application or other request made in connection with any agency proceeding or action, with a statement of the grounds therefor. Upon application made to any court of competent jurisdiction by a party to any agency proceeding or by a person adversely affected by agency action and a showing to the court that there has been undue delay in connection with such proceeding or action, the court may direct the agency to decide the matter promptly.
(11) Every agency shall provide by rule for the entertaining, in its sound
discretion, and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability to the petitioners of any statutory provision or of any rule or order of the agency. The order disposing of the petition shall constitute agency action subject to judicial review.
(12) Nothing in this article shall affect statutory powers of an agency to issue
an emergency order where the agency finds and states of record the reasons for so finding that immediate issuance of the order is imperatively necessary for the preservation of public health, safety, or welfare and observance of the requirements of this section would be contrary to the public interest. Any person against whom an emergency order is issued, who would otherwise be entitled to a hearing pursuant to this section, shall be entitled upon request to an immediate hearing in accordance with this article, in which proceeding the agency shall be deemed the proponent of the order.
(13) The administrative law judge or the hearing officer shall cause the
proceedings to be recorded by a reporter or by an electronic recording device. When required, the administrative law judge or the hearing officer shall cause the proceedings, or any portion thereof, to be transcribed, the cost thereof to be paid by the agency when it orders the transcription or by any party seeking to reverse or modify an initial decision of the administrative law judge or the hearing officer. If the agency acquires a copy of the transcription of the proceedings, its copy of the transcription shall be made available to any party at reasonable times for inspection and study.
(14) (a) For the purpose of a decision by an agency that conducts a hearing or
an initial decision by an administrative law judge or a hearing officer, the record must include: All pleadings, applications, evidence, exhibits, and other papers presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed. The agency, administrative law judge, or hearing officer may permit oral argument. The agency, the administrative law judge, or the hearing officer shall not receive or consider ex parte material or representation of any kind offered without notice. The agency, an administrative law judge, or hearing officer, with the consent of all parties, may eliminate or summarize any part of the record where this may be done without affecting the decision. In any case in which the agency has conducted the hearing, the agency shall prepare, file, and serve upon each party its decision. In any case in which an administrative law judge or a hearing officer has conducted the hearing, the administrative law judge or the hearing officer shall prepare and file an initial decision that the agency shall serve upon each party, except where all parties with the consent of the agency have expressly waived their right to have an initial decision rendered by such administrative law judge or hearing officer. Each decision and initial decision must include a statement of findings and conclusions upon all the material issues of fact, law, or discretion presented by the record and the appropriate order, sanction, relief, or denial. An appeal to the agency must be made as follows:
(I) With regard to initial decisions regarding agency action by the
department of health care policy and financing, the department of early childhood, the state department of human services, or county department of human or social services, or any contractor acting for any such department, under section 26-1-106 (1)(a), 26.5-1-107, or 25.5-1-107 (1)(a), by filing exceptions within fifteen days after service of the initial decision upon the parties, unless extended by the department of health care policy and financing, the department of early childhood, or the state department of human services, as applicable, or unless a review has been initiated in accordance with this subsection (14)(a)(I) upon motion of the applicable department within fifteen days after service of the initial decision. In the event a party fails to file an exception within fifteen days, the applicable department may allow, upon a showing of good cause by the party, for an extension of up to an additional fifteen days to reconsider the final agency action.
(II) With regard to initial decisions regarding agency action of any other
agency, by filing exceptions within thirty days after service of the initial decision upon the parties, unless extended by the agency or unless review has been initiated upon motion of the agency within thirty days after service of the initial decision.
(b) (I) In the absence of an exception filed pursuant to subparagraph (I) of
paragraph (a) of this subsection (14), the executive director of the department of health care policy and financing shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the medical services board pursuant to section 25.5-1-107 (1), C.R.S.
(II) In the absence of an exception filed pursuant to subparagraph (I) of
paragraph (a) of this subsection (14), the executive director of the state department of human services shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the state board of human services pursuant to section 26-1-106 (1), C.R.S.
(III) In the absence of an exception filed pursuant to subparagraph (II) of
paragraph (a) of this subsection (14), the initial decision of any other agency shall become the decision of the agency, and, in such case, the evidence taken by the administrative law judge or the hearing officer need not be transcribed.
(c) Failure to file the exceptions prescribed in this subsection (14) shall result
in a waiver of the right to judicial review of the final order of such agency, unless that portion of such order subject to exception is different from the content of the initial decision.
(15) (a) Any party who seeks to reverse or modify the initial decision of the
administrative law judge or the hearing officer shall file with the agency, within twenty days following such decision, a designation of the relevant parts of the record described in subsection (14) of this section and of the parts of the transcript of the proceedings which shall be prepared and advance the cost therefor. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party or the agency may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefor. The transcript or the parts thereof which may be designated by the parties or the agency shall be prepared by the reporter or, in the case of an electronic recording device, the agency and shall thereafter be filed with the agency. No transcription is required if the agency's review is limited to a pure question of law. The agency may permit oral argument. The grounds of the decision shall be within the scope of the issues presented on the record. The record shall include all matters constituting the record upon which the decision of the administrative law judge or the hearing officer was based, the rulings upon the proposed findings and conclusions, the initial decision of the administrative law judge or the hearing officer, and any other exceptions and briefs filed.
(b) The findings of evidentiary fact, as distinguished from ultimate
conclusions of fact, made by the administrative law judge or the hearing officer shall not be set aside by the agency on review of the initial decision unless such findings of evidentiary fact are contrary to the weight of the evidence. The agency may remand the case to the administrative law judge or the hearing officer for such further proceedings as it may direct, or it may affirm, set aside, or modify the order or any sanction or relief entered therein, in conformity with the facts and the law.
(16) (a) Each decision and initial decision shall be served on each party by
personal service or by mailing by first-class mail to the last address furnished the agency by such party and, except as provided in paragraph (b) of this subsection (16), shall be effective as to such party on the date mailed or such later date as is stated in the decision.
(b) Upon application by a party, and prior to the expiration of the time
allowed for commencing an action for judicial review, the agency may change the effective date of a decision or initial decision.
Source: L. 59: p. 162, � 4. CRS 53: � 3-16-4. L. 61: p. 138, � 1. C.R.S. 1963: � 3-16-4. L. 69: p. 85, � 5. L. 76: (13) and (14) amended and (15) R&RE, pp. 583, 584, ��
16, 17, effective May 24. L. 77: (14) amended, pp. 1137, 1145, �� 2, 2, effective June 19. L. 81: (4) amended, p. 1134, � 3, effective June 6. L. 87: (3), (4), (5), (13), (14), and (15) amended, p. 961, � 66, effective March 13. L. 93: (14) amended, p. 426, � 3, effective April 19; (2), (4), (5), (14), (15)(a), and (16) amended, p. 1327, � 4, effective June 6; (9) amended, p. 624, � 3, effective July 1; (9)(b)(V)(B) amended, p. 1798, � 107, effective July 1. L. 94: (14)(a)(I) and (14)(b) amended, p. 2692, � 228, effective July 1. L. 95: (14)(a)(I) and (14)(b) amended, p. 902, � 1, effective May 25. L. 2005: (3) amended, p. 857, � 21, effective June 1. L. 2018: (4) amended, (HB 18-1224), ch. 288, p. 1780, � 2, effective May 29; IP(14)(a) and (14)(a)(I) amended, (SB 18-092), ch. 38, p. 440, � 96, effective August 8. L. 2019: (4)(b)(IX) amended, (SB 19-241), ch. 390, p. 3469, � 26, effective August 2. L. 2022: (14)(a)(I) amended, (HB 22-1295), ch. 123, p. 843, � 64, effective July 1.
Editor's note: (1) Amendments to subsection (14) by Senate Bill 93-133 and
House Bill 93-1001 were harmonized.
(2) Subsection IP(4)(b)(IX) provided for the repeal of subsection (4)(b)(IX),
effective July 1, 2022. (See L. 2019, p. 3469.)
Cross references: (1) For mileage allowances and fees of witnesses, see ��
13-33-102 and 13-33-103.
(2) For the legislative declaration in SB 18-092, see section 1 of chapter 38,
Session Laws of Colorado 2018.
C.R.S. § 24-46-105
24-46-105. Colorado economic development fund - creation - report - repeal. (1) (a) There is hereby created a fund to be known as the Colorado economic development fund, which shall be administered by the commission and which consists of all money that may be available to the commission. The commission may transfer to the fund any general fund money appropriated to the commission, and the commission may expend such money without further appropriation.
(b) (I) On April 1, 2023, the state treasurer shall transfer five million dollars
from the general fund to the fund. The commission shall allocate the money transferred pursuant to this subsection (1)(b)(I) to the Colorado office of economic development created pursuant to section 24-48.5-101 to use in connection with the federal Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022, Pub.L. 117-167.
(II) In addition to the reporting requirements specified in section 24-48.5-101
(7) and notwithstanding the requirement in section 24-1-136 (11)(a)(I), on or before November 1, 2023, and on or before November 1 of each year thereafter through 2028, the Colorado office of economic development shall submit a report to the joint budget committee detailing how the Colorado office of economic development is expending the money transferred pursuant to subsection (1)(b)(I) of this section and detailing all projects that the Colorado office of economic development funded pursuant to the federal Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022, Pub.L. 117-167. The report must include the following information:
(A) A detailed list of the projects funded;
(B) The identity of all entities receiving funding and the geographic location
of the entities receiving funding;
(C) The type of funding provided;
(D) Any anticipated economic benefits that the funding is expected to
produce;
(E) Project timelines and anticipated completion dates;
(F) Any efforts to provide funding to rural or underserved areas; and
(G) The amount of any administrative costs related to administering the
money transferred pursuant to subsection (1)(b)(I) of this section.
(III) This subsection (1)(b) is repealed, effective December 31, 2028.
(c) Repealed.
(2) (a) Money in the fund is subject to annual appropriation by the general
assembly, except as provided in subsection (2.5) of this section, for the purposes of this part 1. Any money not expended or encumbered from any appropriation at the end of any fiscal year remains available for expenditure in the next fiscal year without further appropriation. Contributions of money, property, or services may be received from any state agency, county, municipality, federal agency, person, or corporation for use in carrying out the purposes of this part 1.
(b) (I) For state fiscal years commencing on or before July 1, 2024, and on or
after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the revolving account created in subsection (2.5) of this section.
(II) Notwithstanding subsection (2)(a) of this section, for the state fiscal year
commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer two million nine
thousand ninety-two dollars from the fund to the general fund.
(B) This subsection (2)(b)(III) is repealed, effective July 1, 2026.
(2.5) (a) The moneys in the fund may be used by the commission to make
grants or loans to both public and private persons and entities for use in carrying out the purposes of this part 1, subject to the provisions of paragraph (b) of this subsection (2.5) and subsections (3) and (4) of this section. In determining whether to make a grant or loan, the commission shall consider each of the following guidelines:
(I) The amount of the grant or loan;
(II) The number of jobs that are likely to be generated in the state as a direct
or indirect result of the facility or operation the grant or loan would fund and ancillary facilities thereto;
(III) The quality and wage level of jobs created;
(IV) The extent to which a person or entity establishing or expanding a
business operation or facility intends to employ Colorado residents at the new or expanded operation or facility the grant or loan would fund and ancillary facilities thereto;
(V) The extent to which a person or entity establishing or expanding a
business facility or operation intends to contract with Colorado residents and Colorado-based companies for services and goods at the new or expanded operation or facility the grant or loan would fund and ancillary facilities thereto; and
(VI) The extent of the public benefits expected to result from the grant or
loan.
(b) The commission may establish whatever terms and conditions it deems
appropriate in making grants or loans pursuant to this section; except that the terms and conditions established by the commission shall meet or exceed the requirements established in subsection (4) of this section for a grant or loan awarded in part or in whole based on a private person's or entity's creation of full-time permanent new jobs in the state. The loan amount and any interest earned thereon shall be paid back to the commission, and such moneys shall be credited to a special account in the fund to be known as the revolving account. In accordance with subsection (2) of this section, interest earned on the investment or deposit of moneys in the economic development fund shall also be credited to the revolving account. All moneys in the revolving account may be used by the commission to make loans and grants as provided in this subsection (2.5) without further appropriation by the general assembly. The commission shall not approve grants or loans to state departments or agencies for specific projects which are typically considered by the general assembly in the general appropriation bill or in supplemental appropriation bills unless the joint budget committee approves the application for such grants or loans.
(3) The governor is not authorized to expend moneys from the fund unless
such expenditure has been reviewed and recommended by the commission. The governor may reject any recommendations by the commission.
(4) (a) The commission shall award a grant or loan from moneys in the fund
based in part or in whole on a private person's or entity's creation of full-time permanent new jobs in the state, only if the person or entity:
(I) Pays all of its new employees hired on or after August 3, 2007, a minimum
wage as determined by the commission;
(II) Creates one or more new jobs and maintains the jobs for at least one year;
and
(III) (A) Has not been adjudicated to be in violation of any federal, state, or
local laws affecting the health, safety, or working conditions of employees for at least the prior five years, as certified by the person or entity; or
(B) Has been adjudicated to be in violation of a federal, state, or local law
affecting the health, safety, or working conditions of employees within five years of applying for a grant or loan pursuant to this section, but can provide evidence to the commission that it has corrected the violation or has taken steps to correct the violation and can provide an estimated date by which the violation will be corrected.
(b) The provisions of this subsection (4) do not apply to the following:
(I) A nonprofit entity;
(II) An intern or trainee who is under the age of twenty-one and who is
employed for a period of not longer than three months; or
(III) Grants awarded to new businesses under the rural jump-start zone act
under section 39-30.5-105 (5).
(c) No person or entity shall pay an employee through a third party or treat
an employee as a subcontractor or independent contractor to avoid the requirements of this subsection (4). The provisions of this paragraph (c) shall not apply to a person or entity that hires subcontractors or independent contractors in the normal course of the person's or entity's business.
(5) to (7) Repealed.
Source: L. 87: Entire article added, p. 1027, � 1, effective July 8. L. 88: (2.5)
added, p. 952, � 1, effective June 1. L. 89: (2.5) amended, p. 340, � 4, effective June 7. L. 91: (2) and (2.5) amended, p. 824, � 2, effective March 29. L. 93: (2) amended, p. 469, � 2, effective April 21. L. 98: (2.5) amended, p. 349, � 2, effective July 1. L. 2001: (2.5)(b) amended, p. 1177, � 8, effective August 8. L. 2004: (1), (2), and IP(2.5)(a) amended, p. 43, � 9, effective March 4. L. 2007: IP(2.5)(a) and (2.5)(b) amended and (4) added, p. 509, � 2, effective August 3. L. 2017: (1) amended, (SB 17-280), ch. 217, p. 846, � 1, effective May 20. L. 2018: (5) added, (HB 18-1185), ch. 369, p. 2232, � 4, effective August 8. L. 2020, 1st Ex. Sess.: (6) added, (SB 20B-001), ch. 2, p. 19, � 9, effective December 7. L. 2021: (6)(a) amended, (SB 21-001), ch. 6, p. 41, � 3, effective January 21; (4)(b) amended and (7) added, (SB 21-229), ch. 236, p. 1243, � 6, effective June 15; (6)(b) amended, (SB 21-266), ch. 423, p. 2801, � 18, effective July 2. L. 2023: (1) amended, (SB 23-137), ch. 10, p. 30, � 1, effective March 6. L. 2024: (1)(c) added, (HB 24-1152), ch. 167, p. 831, � 4, effective May 13; (7)(a)(II) and (7)(b) amended, (HB 24-1001), ch. 278, p. 1844, � 1, effective May 29. L. 2025: (2) amended, (SB 25-317), ch. 385, p. 2152, � 26, effective June 3; (1)(a) amended, (SB 25-275), ch. 377, p. 2066, � 166, effective August 6.
Editor's note: (1) Subsection (5)(b) provided for the repeal of subsection (5),
effective July 1, 2020. (See L. 2018, p. 2232.)
(2) Subsection (6)(b) provided for the repeal of subsection (6), effective
December 31, 2022. (See L. 2021, p. 2801.)
(3) Subsection (1)(c)(II) provided for the repeal of subsection (1)(c), effective
July 1, 2025. (See L. 2024, p. 831.)
(4) Subsection (7)(b) provided for the repeal of subsection (7), effective July
1, 2025. (See L. 2024, p. 1844.)
Cross references: (1) For the legislative declaration contained in the 2004
act amending subsections (1) and (2) and the introductory portion to subsection (2.5)(a), see section 1 of chapter 11, Session Laws of Colorado 2004.
(2) For the legislative declaration in HB 18-1185, see section 1 of chapter 369,
Session Laws of Colorado 2018. For the legislative declaration in SB 20B-001, see section 1 of chapter 2, Session Laws of Colorado 2020, First Extraordinary Session. For the legislative declaration in SB 21-229, see section 1 of chapter 236, Session Laws of Colorado 2021. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
C.R.S. § 24-47-103
24-47-103. Advanced industry - export acceleration program - definitions - repeal. (1) Legislative declaration. (a) The general assembly finds and declares that:
(I) Most consumers live outside of the United States of America;
(II) The international monetary fund forecasts that over the next five years
eighty-seven percent of world economic growth will occur outside of this country;
(III) It is difficult for Colorado businesses, particularly small and mid-sized
ones, to become exporters because of a lack of the requisite information and market research and other challenges related to international trade;
(IV) The Colorado international trade office has several exporting programs
that enjoy significant returns on investment as measured by a business's international sales per dollar received.
(b) It is the intent of the general assembly to create a new program that
combines financial resources, training, and consulting services to provide a robust and comprehensive trade export promotion service for Colorado businesses.
(2) Definitions. As used in this section:
(a) Advanced industry means the following industries:
(I) Advanced manufacturing;
(II) Aerospace;
(III) Bioscience;
(IV) Electronics;
(V) Energy and natural resources;
(VI) Infrastructure engineering; and
(VII) Information technology.
(b) Fund means the advanced industries export acceleration cash fund
created in paragraph (a) of subsection (8) of this section.
(c) Office means the Colorado international trade office created in section
24-47-101.
(d) Program means the advanced industries export acceleration program
created in paragraph (a) of subsection (3) of this section.
(3) The advanced industry export acceleration program is created in the
Colorado international trade office. The program is administered by the office and includes export expense reimbursement, export training, and global network consultation.
(4) International export development expense reimbursement. (a)
Beginning January 1, 2014, the office may reimburse a qualifying business under paragraph (c) of this subsection (4) for up to one-half of its international export development expenses.
(b) The maximum amount that a business may be reimbursed under this
subsection (4) is fifteen thousand dollars. The office may conditionally approve an expense prior to the business incurring it.
(c) In order to be eligible for an international export development expense
reimbursement from the office, a business must:
(I) Be in an advanced industry;
(II) Be new to exporting or expanding into a new export market;
(III) Employ fewer than two hundred employees globally;
(IV) Have its headquarters located in Colorado or have at least fifty percent
of its employees based in Colorado;
(V) Have at least two years of domestic sales experience;
(VI) Repealed.
(VII) Be registered and in good standing with the Colorado secretary of state;
and
(VIII) Have a product or service that is ready to be exported.
(d) Eligible international export development expenses include:
(I) Participation in an overseas trade mission;
(II) Participation in an international or domestic trade show;
(III) An international market sales trip;
(IV) Legal fees related to a contract, intellectual property protection, or
other issues relating to exporting goods or services;
(V) Design or production of international marketing materials;
(VI) Due diligence on, or credit reviews of, potential international buyers and
distributors;
(VII) Compliance with international requirements for labeling, packaging, or
shipping;
(VIII) Translation services for a contract, an official document, marketing
materials, or a website;
(IX) Quality or environmental certifications; and
(X) Preparation of product documents, product registration, or assembly or
maintenance instructions.
(e) The office shall not reimburse a business under this subsection (4) for any
expense that a state agency would be prohibited under state law to reimburse an employee for.
(f) The office may establish conditions based on export sales under which
the office receives payments from a business that received an international export development expense reimbursement. The office shall transfer any moneys so received to the state treasurer for deposit in the fund.
(g) On or before December 1, 2013, the office shall establish procedures and
timelines for reimbursement applications; criteria for determining reimbursement amounts; recipient reporting requirements; and any other program policies. The office may amend these policies at any time.
(5) Export training. (a) The office shall provide export training for advanced
industry businesses to learn about the fundamentals of exporting. The office may collaborate with private trade organizations and federal export assistance organizations to conduct the training. To the extent possible, the office shall tailor the curriculum to the needs and demands of each type of advanced industry.
(b) Export training may include conferences, seminars, and workshops on
trade-related topics, which include challenges and opportunities in international trade. The conferences may include trade experts, exporting businesses, industry partners, and the office.
(c) The office may charge reasonable fees for a business to attend a training
session. The office shall transfer these fees to the state treasurer for deposit in the fund.
(6) Global network consultation. (a) The office shall develop a global
network of trade consultants in key international markets to assist the office in accelerating advanced industries exports. The types of services the office may utilize the consultants for include:
(I) Market research and other insights about the local markets;
(II) In-country introductions;
(III) Developing market entry strategies;
(IV) Matching Colorado companies with potential trade partners and
distributors;
(V) Conducting due diligence on potential trade partners;
(VI) Helping companies define their competitive advantages;
(VII) Understanding a country's importation process, including licensing
requirements, tariffs and taxes, and applicable regulations; and
(VIII) Translation services and cultural interpretation.
(b) The office may match a Colorado business with a consultant for the
services identified in paragraph (a) of this subsection (6), and other services. The office may pay the consultant on behalf of the business, and then may charge the business receiving the consulting service for some or all of the costs of the consultation. The office shall transfer any of these fees to the state treasurer for deposit in the fund.
(7) Reporting. (a) On or before November 1, 2014, and each November 1
through November 2034, the office shall submit a report to the finance and the business, labor, economic, and workforce development committees of the house of representatives and to the business, labor, and technology and the finance committees of the senate, or any successor committees, summarizing program activities during the preceding fiscal year.
(b) Section 24-1-136 (11) does not apply to the report required by subsection
(7)(a) of this section.
(8) Fund. (a) The advanced industries export acceleration cash fund is
created in the state treasury. The fund consists of:
(I) Payments credited to the fund pursuant to paragraph (e) of subsection (4)
of this section;
(II) Fees credited to the fund pursuant to paragraph (c) of subsection (5) and
paragraph (b) of subsection (6) of this section;
(III) Any gifts, grants, or donations credited to it pursuant to paragraph (b) of
this subsection (8);
(IV) Any moneys that the general assembly appropriates to it; and
(V) Repealed.
(b) (I) The office is authorized to seek, accept, and expend gifts, grants, or
donations from private or public sources for the purposes of the program; except that the office may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The office shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the fund.
(II) The general assembly finds that the implementation of this program does
not rely entirely or in any part on the receipt of adequate funding through gifts, grants, or donations. Therefore, the office is not subject to the notice requirements specified in section 24-75-1303 (3).
(c) The moneys in the fund are subject to annual appropriation by the general
assembly to the office for the purpose of administering the program. Any unexpended and unencumbered moneys from an appropriation made pursuant to this paragraph (c) remain available for expenditure by the office in the next fiscal year without further appropriation. The office's administrative expenses for the program in a fiscal year shall not exceed five percent of the moneys transferred or appropriated to the fund in the fiscal year. The office shall make all export expense reimbursements from moneys in the fund.
(d) As provided by law, the state treasurer may invest any unexpended
moneys in the advanced industries acceleration cash fund. All interest and income derived from the investment and deposit of moneys in the fund are credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall not be credited or transferred to the general fund or another fund; except that any unexpended and unencumbered moneys remaining in the fund upon the repeal of this section are transferred to the general fund.
(9) Repeal. This section is repealed, effective January 1, 2035.
Source: L. 2013: Entire section added, (HB 13-1193), ch. 259, p. 1365, � 1,
effective August 7. L. 2014: (8)(a)(V), (8)(b)(I), and (8)(c) amended, (HB 14-1011), ch. 231, p. 856, � 1, effective May 17. L. 2018: (7)(b) amended, (HB 18-1375), ch. 274, p. 1711, � 51, effective May 29; (7)(a) and (9) amended and (8)(a)(V) repealed, (HB 18-1135), ch. 304, p. 1848, � 1, effective August 8. L. 2023: (4)(c)(VI) repealed and (7)(a) and (9) amended, (SB 23-066), ch. 211, p. 1095, � 1, effective August 7.
ARTICLE 47.5
Colorado Energy Research Authority
24-47.5-100.3. Definitions. As used in this article 47.5, unless the context
otherwise requires:
(1) Authority means the Colorado energy research authority created in
section 24-47.5-101 (2).
(2) Collaboratory means the Colorado energy research collaboratory
described in section 24-47.5-102 (1.5).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2067, � 169,
effective August 6.
24-47.5-101. Colorado energy research authority - creation - legislative
declaration. (1) (a) The general assembly finds, determines, and declares that:
(I) The production and efficient use of energy will continue to play a central
role in the future of this state and the nation as a whole; and
(II) The development, production, and efficient use of clean energy will
advance the security, economic well-being, and public and environmental health of this state, as well as contributing to the energy independence of our nation.
(b) The general assembly further finds, determines, and declares that the
authority and powers conferred under this article, as well as the expenditures of public money made pursuant to this article, will serve a valid public purpose and that the enactment of this article is expressly declared to be in the public interest.
(2) There is hereby created the Colorado energy research authority, which is
a body corporate and a political subdivision of the state. The authority is not an agency of state government, nor is it subject to administrative direction by any department, commission, board, bureau, or agency of the state, except to the extent provided by this article 47.5.
(3) (a) The powers of the authority shall be vested in a board of directors.
(b) The board consists of three members appointed by the governor, with the
consent of the senate, plus the following four ex officio members: The presidents of the Colorado school of mines and Colorado state university, the chancellor of the university of Colorado at Boulder, and the director of the national renewable energy laboratory, or their designees.
(c) The terms of the appointed members of the board shall be four years. An
appointed member shall be eligible for reappointment. Each member shall hold office until a successor has been appointed and the senate has confirmed the appointment. A vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only. Each appointed member may be removed from office by the governor for cause, after a public hearing, and may be suspended by the governor pending the completion of such hearing.
(4) The members of the board shall elect a chair and a vice-chair. The
members of the board shall also elect a secretary and a treasurer, who need not be members, and the same person may be elected to serve as both secretary and treasurer. The powers of the board may be vested in the officers from time to time. Four members shall constitute a quorum. No vacancy in the membership of the board shall impair the right of a quorum of the members to exercise all the powers and perform all the duties of the board.
(5) Each member of the board not otherwise in full-time employment of the
state shall receive a per diem of fifty dollars for each day actually and necessarily spent in the discharge of official duties, and all members shall receive traveling and other necessary expenses actually incurred in the performance of official duties.
Source: L. 2006: Entire article added, p. 1739, � 2, effective June 6. L. 2008:
(3)(b) amended, p. 383, � 2, effective April 10. L. 2014: (1)(a)(II), (2), (3)(b), and (3)(c) amended, (SB 14-011), ch. 217, p. 813, � 1, effective May 16. L. 2025: (2) amended, (SB 25-275), ch. 377, p. 2067, � 170, effective August 6.
Cross references: For the legislative declaration contained in the 2008 act
amending subsection (3)(b), see section 1 of chapter 125, Session Laws of Colorado 2008.
24-47.5-102. Colorado energy research authority - powers and duties. (1)
Except as otherwise limited by this article, the authority, acting through the board, has the power:
(a) To have the duties, privileges, immunities, rights, liabilities, and
disabilities of a body corporate and political subdivision of the state;
(b) To sue and be sued;
(c) To have an official seal and to alter the same at the board's pleasure;
(d) To make and alter bylaws for its organization and internal management
and for the conduct of its affairs and business;
(e) To maintain an office at such place or places within the state as it may
determine;
(f) To acquire, hold, use, and dispose of its income, revenues, funds, and
moneys;
(g) To make and enter into all contracts, leases, and agreements that are
necessary or incidental to the performance of its duties and the exercise of its powers under this article;
(h) To deposit any moneys of the authority in any banking institution within or
outside the state;
(i) To fix the time and place or places at which its regular and special
meetings are to be held; and
(j) To do any and all things necessary or convenient to carry out its purposes
and exercise the powers given and granted in this article.
(1.5) The authority shall direct the allocation of state matching funds to the
extent required to support one or more activities or proposals of the Colorado energy research collaboratory, which consists of the Colorado school of mines, Colorado state university, university of Colorado at Boulder, and the national renewable energy laboratory, for federal energy research funding and energy-related research funding from federal agencies and other public and private entities.
(2) The authority may:
(a) Promote the activities of the collaboratory in order to increase the federal
energy research funding and energy-related research funding;
(b) Promote rapid transfer of new technologies developed by the
collaboratory to the private sector to attract and promote clean energy businesses in Colorado;
(c) Develop educational and research programs for Colorado state colleges
in collaboration with the collaboratory that will translate into high-technology employment opportunities for Colorado students and residents;
(d) Become a regional resource and clearing house for clean energy
information, to be available to the general public and to engineering, architectural, and design professionals. The authority shall not construct a headquarters or other building for its own use.
(e) Support development of the collaboratory, including funding of any joint
institute or other entity created by the Colorado school of mines, Colorado state university, and university of Colorado at Boulder or the collaboratory to jointly pursue clean energy research.
(3) On or before September 1, 2014, and each September 1 thereafter, the
authority shall submit a report to the Colorado office of economic development summarizing the energy research projects that received funding under this article in the preceding calendar year. At a minimum, the report shall specify the following information:
(a) A description of each project that received funding under this article,
including the amount of the funding, and the principal persons or entities involved in the project;
(b) The total amount of moneys that the authority allocated for all projects;
(c) The results achieved by the project, including intellectual property,
licensing and commercialization activities, and any other economic benefits to the state; and
(d) The total amount of federal and private funds that were received by
projects that received funding under this article.
(4) (Deleted by amendment, L. 2008, p. 383, � 3, effective April 10, 2008.)
Source: L. 2006: Entire article added, p. 1740, � 2, effective June 6. L. 2008:
(2)(b), (3)(c), and (4) amended, p. 383, � 3, effective April 10. L. 2014: (1.5) added and (2) and (3) amended, (SB 14-011), ch. 217, p. 814, � 2, effective May 16. L. 2025: (1.5) amended, (SB 25-275), ch. 377, p. 2067, � 171, effective August 6.
Cross references: For the legislative declaration contained in the 2008 act
amending subsections (2)(b), (3)(c), and (4), see section 1 of chapter 125, Session Laws of Colorado 2008.
24-47.5-103. Funding - repeal. (Repealed)
Source: L. 2006: Entire article added, p. 1742, � 2, effective June 6. L. 2007:
(1) amended, p. 490, � 2, effective April 16. L. 2008: (1) amended, p. 70, � 6, effective March 18; (1) amended, p. 1871, � 6, effective June 2. L. 2012: (1) amended, (HB 12-1315), ch. 224, p. 973, � 32, effective July 1. L. 2014: Entire section RC&RE, (SB 14-011), ch. 217, p. 815, � 3, effective May 16.
Editor's note: This section provided for the repeal of this section, effective
July 1, 2020. (See L. 2014, p. 815.)
ARTICLE 48
Colorado Office of Space Advocacy
24-48-101 to 24-48-105. (Repealed)
Editor's note: (1) This article was added in 1990. For amendments to this
article prior to its repeal in 1994, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-48-105 provided for the repeal of this article, effective July 1,
- (See L. 90, p. 1239.)
ARTICLE 48.5
Office of Economic Development
PART 1
OFFICE OF ECONOMIC DEVELOPMENT
24-48.5-101. Colorado office of economic development - creation - duties -
report. (1) There is hereby created within the office of the governor the Colorado office of economic development, the head of which shall be the director of the office of economic development, which office is hereby created. The director of the office, who shall also serve as the special assistant to the governor for economic development, shall be assisted by an assistant director, which office is hereby created, and a staff for economic development, including but not limited to small business, finance, and marketing.
(2) The Colorado office of economic development shall:
(a) Encourage the expansion and retention of Colorado businesses through
business recruitment, retention, and expansion assistance;
(b) Coordinate the marketing of Colorado as a site for expansion or
relocation projects for companies in other states or countries;
(c) Coordinate job training and management and financial assistance to
existing Colorado companies or to out-of-state companies which are considering expansion or relocation in Colorado;
(d) Provide services to small businesses in Colorado in order to help them
expand or remain in business;
(e) Provide technical assistance and research support for business
recruitment, retention, and expansion assistance programs supported by local government and private-public partnerships;
(f) Foster a positive business climate by advising the governor and the
general assembly on issues affecting the business community;
(g) Repealed.
(h) In its business recruitment, retention, and expansion assistance activities,
provide information on the state's program of tax incentives, state and local government procurement policies, and economic development incentives that are available to business enterprises engaged in recycling and waste diversion activities, including research and development efforts and the development of markets for reusable, source-reduced, recycled, and composted products and materials in all forms.
(i) Contribute education and workforce readiness data beginning in the
2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
(3) The Colorado office of economic development shall advise and provide
guidance to the small business navigator described in section 24-48.5-102 and shall advise and provide guidance to coordinate activities of small business development centers and the business advancement center operated by the university of Colorado.
(4) The Colorado office of economic development shall provide staff support
for the gateway computer network.
(5) The Colorado office of economic development shall encourage
investment of public pension funds in economic development activities in this state.
(6) It is the intent of the general assembly in enacting this section that the
Colorado economy be broadened as a result of a quantifiable increase in the number of Colorado companies receiving technical and job training assistance and other assistance in business development.
(7) (a) On or before November 1, 2012, and, notwithstanding section 24-1-136
(11), on or before November 1 each year thereafter, the director of the office of economic development, or the director's designee, shall submit a report to the general assembly. The report shall include a review and summary of the activity, information, and data on all the programs that the office administered during the prior fiscal year.
(b) In order to minimize the costs associated with preparing the report
required by paragraph (a) of this subsection (7), the office of economic development is authorized to incorporate or append to such report any other reports it is required by law to develop.
Source: L. 90: Entire article added, p. 1241, � 1, effective July 1. L. 93: (2)(h)
added, p. 2132, � 4, effective June 12. L. 94: (2)(g) repealed, p. 1820, � 7, effective June 1. L. 2000: (1), IP(2), (3), (4), and (5) amended, p. 1675, � 1, effective July 1. L. 2011: (3) amended, (HB 11-1209), ch. 168, p. 578, � 2, effective May 9. L. 2012: (7) added, (SB 12-166), ch. 243, p. 1148, � 1, effective August 8. L. 2024: (2)(i) added, (HB 24-1364), ch. 238, p. 1562, � 16, effective May 23.
Cross references: For the legislative declaration in the 2011 act amending
subsection (3), see section 1 of chapter 168, Session Laws of Colorado 2011.
24-48.5-102. Small business assistance center. (1) (a) In addition to the
powers and duties specified in section 24-48.5-101, the Colorado office of economic development shall include the small business assistance center, which shall provide comprehensive information on the federal, state, and local requirements necessary to begin a business and shall make this information available to the public. The office shall also have available comprehensive information on the forms and merits of employee ownership and the revolving loan program described in section 24-48.5-124 (4).
(b) (I) The small business assistance center shall also create a small business
navigator that shall provide a single point of contact for small businesses in order to facilitate and assist small businesses by:
(A) Diagnosing problems;
(B) Providing information and streamlining referrals to small business
development centers, the Colorado credit reserve program, the federal small business credit initiative, or other such centers or organizations;
(C) Providing information regarding state government contracting offices
and processes;
(D) Providing assistance with state rules; and
(E) Conducting any follow-up with the small business as needed.
(II) On or before January 15, 2012, and on or before each January 15
thereafter, the Colorado office of economic development shall submit a report to the business, labor, and technology committee of the senate and the economic and business development committee of the house of representatives, or such successor committees, which report shall include the number of small businesses being served by the small business navigator.
(2) The small business assistance center shall have the authority to accept
and expend moneys from sources other than the state of Colorado for the purpose of performing specific projects, studies, or procedures, or to provide assistance. Such projects, studies, procedures, or assistance shall be reviewed and approved by the Colorado office of economic development and shall be consistent with the duties, authority, and purposes of the Colorado office of economic development as established in this article. Any receipt and expenditure of funds shall be reported to the general assembly as part of the office's annual budget request.
(3) The services rendered by the center shall be made available without
charge; except that the applicant shall not be relieved from any part of the fees or charges established for the review and approval of specific permit applications, from any of the apportioned costs of a consolidated hearing conducted under this section, or from the costs of any contracted services as authorized by the applicant under this section.
(4) Any person who provides information developed by the center and
charges any fee for such information shall disclose in at least ten-point type, before any obligation is incurred, that such information is available at no cost from the center. Any person who knowingly fails to make the disclosure required by this subsection (4) commits a civil infraction and shall be punished as provided in section 18-1.3-503.
Source: L. 97: Entire section added, p. 525, � 5, effective July 1. L. 2000: (1)
and (2) amended, p. 1676, � 2, effective July 1. L. 2002: (4) amended, p. 1534, � 256, effective October 1. L. 2011: (1) amended, (HB 11-1209), ch. 168, p. 578, � 3, effective May 9. L. 2017: (1)(a) amended, (HB 17-1214), ch. 203, p. 754, � 2, effective May 18. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3229, � 427, effective March 1, 2022.
Cross references: (1) For the legislative declaration in the 2002 act
amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.
(2) For the legislative declaration in the 2011 act amending subsection (1),
see section 1 of chapter 168, Session Laws of Colorado 2011.
24-48.5-102.5. Appropriations for small business development centers -
report - legislative declaration - repeal. (Repealed)
Source: L. 2013: Entire section added, (HB 13-1002), ch. 172, p. 620, � 1,
effective May 10.
Editor's note: Subsection (3) provided for the repeal this section, effective
July 1, 2016. (See L. 2013, p. 620.)
24-48.5-102.7. Economic gardening pilot project - small business
development centers - economic gardening pilot project fund - created - annual report - definitions - repeal. (Repealed)
Source: L. 2013: Entire section added, (HB 13-1003), ch. 264, p. 1386, � 2,
effective August 7.
Editor's note: Subsection (7) provided for the repeal of this section, effective
July 1, 2017. (See L. 2013, p. 1386.)
24-48.5-103. Motion picture and television advisory commission abolished
-
reestablished. (Repealed)
Source: L. 2000: Entire section added with relocations, p. 1676, � 3, effective July 1. L. 2001: (2) amended, p. 1273, � 33, effective June 5. L. 2005: Entire section repealed, p. 209, � 4, effective August 8.
Editor's note: This section was similar to former � 24-32-308 as it existed prior to 2000.
24-48.5-104. Functions of commission - legislative declaration. (Repealed)
Source: L. 2000: Entire section added with relocations, p. 1676, � 3, effective July 1. L. 2005: Entire section repealed, p. 209, � 4, effective August 8.
Editor's note: This section was similar to former � 24-32-309 as it existed prior to 2000.
24-48.5-105. Transfer of functions - Colorado customized training program - Colorado economic development commission - contracts - continuation of regulations. (1) On and after July 1, 2000, the Colorado office of economic development shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested in the following programs and commissions concerning the duties and functions transferred to the office pursuant to this section:
(a) (Deleted by amendment, L. 2005, p. 207, � 2, effective August 8, 2005.)
(b) The Colorado economic development commission, a commission currently in the department of local affairs.
(2) On July 1, 2000, employees of the Colorado economic development commission whose principal duties and functions concern the duties and functions transferred to the Colorado office of economic development pursuant to this section and whose employment in said office is deemed necessary by the director of such office to carry out the purposes of this article shall be transferred to such office and shall become employees thereof. Any employees who are classified employees in the state personnel system shall retain all rights to the personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with the state personnel system laws and rules.
(3) On and after July 1, 2000, all items of property, real and personal, including office furniture and fixtures, books, documents, and records of the Colorado economic development commission pertaining to the duties and functions transferred to the Colorado office of economic development pursuant to this section are transferred to said office and become property thereof.
(4) Whenever the motion picture and television advisory commission, as it existed prior to August 8, 2005, or Colorado economic development commission is referred to or designated by any contract or other document in connection with the duties and functions transferred to the Colorado office of economic development pursuant to this section, such reference or designation shall be deemed to apply to such office. All contracts entered into by the motion picture and television advisory commission, as it existed prior to August 8, 2005, or Colorado economic development commission prior to July 1, 2000, in connection with the duties and functions transferred to said office pursuant to this section are hereby validated, with such office succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to such office for the payment of said obligations.
(5) On and after July 1, 2000, the Colorado office of economic development shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations previously vested in the department of local affairs concerning the joint administration of the Colorado customized training program, a program within the state board for community colleges and occupational education.
Source: L. 2000: Entire section added with relocations, p. 1676, � 3, effective July 1. L. 2005: (1)(a), (2), (3), and (4) amended, p. 207, � 2, effective August 8.
24-48.5-106. Certified capital companies - rules. (1) The Colorado office of economic development shall carry out the responsibilities delegated to it pursuant to article 3.5 of title 10, C.R.S., related to certified capital companies.
(2) The director of the Colorado office of economic development shall promulgate rules necessary to carry out the provisions of article 3.5 of title 10, C.R.S., by September 30, 2001. Such rules shall provide that the Colorado office of economic development shall begin accepting applications for certification as a certified capital company no later than October 31, 2001. Such rules shall further provide that any certified capital company may file premium tax credit allocation claims on behalf of its certified investors at any time on or after it becomes certified by the Colorado office of economic development, but in no case earlier than January 31, 2002, for premium tax credits that may be taken beginning in tax year 2003, and no earlier than January 31, 2004, for premium tax credits that may be taken beginning in tax year 2005, and that premium tax credits shall be earned by and vested in certified investors at the time of such investment of certified capital, although such premium tax credits may not be claimed or utilized until the tax year beginning on or after January 1, 2003, with respect to investments of certified capital made subsequent to January 31, 2002, but prior to January 31, 2004, or until the tax year beginning on or after January 1, 2005, with respect to investments of certified capital made subsequent to January 31, 2004.
(3) All direct and indirect expenditures incurred by the Colorado office of economic development in carrying out the responsibilities assigned to the office in this section shall be paid from the division of insurance cash fund, created in section 10-1-103 (3), C.R.S.
(4) Repealed.
Source: L. 2001: Entire section added, p. 1539, � 2, effective June 9. L. 2008: (4) repealed, p. 1903, � 90, effective August 5.
24-48.5-107. Film production companies - contact - registration - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Commercial advertising production means the production of a film that is created to promote specific brands, products, services, retailers, or advocacy positions. Commercial advertising production does not include the production of a film that is for the purpose of advocating the election or defeat of a candidate or supporting or opposing a ballot issue or ballot question.
(b) Film means any visual or audiovisual work that contains a series of related images, that is fixed on photographic film, videotape, computer disc, laser disc, or a similar recording medium from which it can be viewed or reproduced, and that is a commercial advertising production or is shown in theaters, licensed for television broadcasting, or licensed for the home viewing market.
(c) Production activities means the shooting of a film, support activities related to such shooting, and any preshooting or postshooting activities that are necessary to produce a finished film, including but not limited to editing and the creation of sets, props, costumes, and special effects.
(d) Production company means a person, including a corporation or other business entity, that engages in production activities for the purpose of producing all or any portion of a film in Colorado.
(2) The Colorado office of economic development, or a designee of the director of the office, shall serve as the initial contact for any production company that is engaged in production activities in the state for the purpose of producing all or any portion of a film in the state. The office, or a designee of the director of the office, shall aid any production company in obtaining required permits, coordinating necessary state resources, scheduling the use of state highways or other state-owned property, ensuring that any fees imposed by any department, division, or entity of state government are waived for the production company pursuant to subsection (3) of this section, and shall otherwise assist a production company in filming all or a portion of a film in the state.
(3) Notwithstanding requirements otherwise specified in law, any permit fee that is imposed by any department, division, or entity of state government shall be waived for any production company that is participating in production activities in the state.
(4) The Colorado office of economic development shall satisfy the requirements of this section within the existing resources of the office.
(5) The director of the Colorado office of economic development may designate a person, a public or private entity, or a venture between public and private entities to be responsible for fulfilling the requirements of this section.
Source: L. 2005: Entire section added, p. 709, � 1, effective June 1.
24-48.5-108. Bioscience research - evaluation - grants - fund - definitions - repeal. (Repealed)
Source: L. 2006: Entire section added, p. 1670, � 1, effective June 5. L. 2007: Entire section amended, p. 1123, � 1, effective May 23. L. 2008: Entire section amended, p. 598, � 1, effective April 24. L. 2011: (5)(a) amended, (SB 11-159), ch. 54, p. 143, � 5, effective March 25; (6) amended, (HB 11-1283), ch. 162, p. 559, � 1, effective August 10; (5)(a) and (6) amended, (SB 11-047), ch. 213, p. 936, � 2, effective July 1, 2012. L. 2012: (4)(b) amended, (SB 12-166), ch. 243, p. 1149, � 4, effective August 8. L. 2013: (5)(c) added and (6) amended, (HB 13-1001), ch. 227, p. 1078, � 5, effective August 7.
Editor's note: Subsection (6) provided for the repeal of this section, effective January 2, 2015. (See L. 2013, p. 1078.)
24-48.5-109. STEM after-school education pilot grant program - fund - report - repeal. (Repealed)
Source: L. 2007: Entire section added, p. 668, � 1, effective May 2. L. 2008: (2)(b) added, p. 1218, � 32, effective May 22.
Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2010. (See L. 2007, p. 668.)
24-48.5-110. Administration of enterprise zone program - transfer of employee. (1) On and after July 1, 2008, any employee of the department of local affairs prior to said date whose duties and functions concerned the administration of the enterprise zone program assumed by the Colorado office of economic development pursuant to article 30 of title 39, C.R.S., shall be transferred to the office and shall become an employee thereof.
(2) Any employee transferred to the Colorado office of economic development pursuant to subsection (1) of this section who is a classified employee in the state personnel system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their service shall be deemed to have been continuous.
(3) After the separation or termination of employment of any person transferred to the Colorado office of economic development pursuant to subsection (1) of this section, any employee hired by the office to assume the duties and functions concerning the administration of the enterprise zone program shall not become a classified employee in the state personnel system and instead shall be hired pursuant to the procedures established by the office.
Source: L. 2008: Entire section added, p. 221, � 5, effective March 26.
24-48.5-111. Clean technology discovery evaluation grant program - clean technology research - evaluation - fund - definitions - repeal. (Repealed)
Source: L. 2009: Entire section added, (SB 09-031), ch. 222, p. 1003, � 1, effective May 4. L. 2011: (5)(a) and (6) amended, (SB 11-047), ch. 213, p. 936, � 3, effective July 1, 2012. L. 2013: Entire section repealed, (HB 13-1001), ch. 227, p. 1085, � 8, effective August 7.
Cross references: In 2013, this section was repealed by the Colorado Advanced Industries Acceleration Act. For the short title, see section 1 of chapter 227, Session Laws of Colorado 2013.
24-48.5-112. Advanced industry investment tax credit - administration - legislative declaration - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Advanced industry has the same meaning as set forth in section 24-48.5-117 (2)(a).
(b) Advanced industry investment tax credit or tax credit means the credit against income tax created in section 39-22-532, C.R.S.
(c) Repealed.
(d) Office means the Colorado office of economic development created in section 24-48.5-101.
(e) Qualified investment means a monetary investment made at any time on or after July 1, 2014, but before January 1, 2032, in an equity security that meets all of the following requirements:
(I) The equity security is common stock, preferred stock, an interest in a partnership or limited liability company, a security that is convertible into an equity security, a convertible debt investment, or other equity security as determined by the office; and
(II) The investment is at least ten thousand dollars;
(III) and (IV) Repealed.
(f) Qualified investor means a person subject to tax under article 22 of title 39 that makes a qualified investment in a qualified small business; except that a C corporation, as defined in section 39-22-103 (2.5), including any limited liability company or other legal entity treated as a C corporation for state and federal income tax purposes, is not a qualified investor. A qualified investor may include a partner, shareholder, or beneficiary that is allocated a credit pursuant to section 39-22-532 (7). A qualified investor may be a partnership, which includes any limited liability company or other legal entity treated as a partnership for state and federal income tax purposes, or an S corporation, which includes any limited liability company or other legal entity treated as an S corporation for state and federal income tax purposes. A qualified investor does not include a person that has control of a qualified small business for six months preceding or following the date of the investment in the qualified small business. For purposes of this subsection (1)(f), control means the power to determine the policies of the qualified small business, whether through ownership of voting securities, by contract, or otherwise, including involvement in the qualified small business's operations. A founder, employee, or contractor or the spouse of a founder, employee, or contractor of a qualified small business is not a qualified investor. A person that has invested more than fifty thousand dollars in the qualified small business or owns more than ten percent of the qualified small business on a fully diluted basis is not a qualified investor.
(g) Qualified small business means a corporation, limited liability company, partnership, or other business entity that:
(I) Is in an advanced industry, as defined in section 24-48.5-117 (2)(a);
(II) Has its headquarters located in Colorado or has at least fifty percent of its employees based in Colorado;
(III) Has received less than ten million dollars from third-party investors, not including grants, since the business was formed; and
(IV) Has annual revenues of less than five million dollars or has been actively operating and generating revenue for less than five years.
(V) Repealed.
(1.5) In accordance with section 39-21-304 (1), which requires each bill that extends an expiring tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that:
(a) The general legislative purposes of the tax credit allowed by this section are:
(I) To induce certain designated behavior by taxpayers;
(II) To improve industry competitiveness; and
(III) To provide tax relief for certain businesses or individuals;
(b) The specific legislative purpose of the tax credit allowed by this section is to encourage investment in small businesses located in Colorado in advanced industries, including in quantum fields, and in particular in small businesses in advanced industries, including in quantum fields, located in a rural area or economically distressed area of the state; and
(c) The statement required by an applicant on the application for an advanced industry investment tax credit set forth in subsection (2)(e) of this section, and the reports that the office is required to submit pursuant to subsection (6) of this section, will allow the general assembly and the state auditor to measure the effectiveness of the tax expenditure.
(2) (a) The office shall receive and evaluate applications that are submitted by qualified investors to receive an advanced industry investment tax credit for qualified investments made in a qualified small business that has been evaluated and certified as eligible to receive qualified investments for the purposes of this section.
(b) To be eligible for an advanced industry investment tax credit, a qualified investor must file a completed application with the office within ninety days after making a qualified investment in a certified and qualified small business. The office shall prescribe the manner and form of the application. The office shall note the time and date of each application received. In addition to any other requirements established by the office, the application must include the name, address, and federal income tax identification number of the applicant, and any additional information that the office requires. The office may require the qualified investor to provide information to confirm that a qualified investment has been made in a qualified small business, the intended use of the qualified investment, and the expected number of new employees that will be hired by the qualified small business as a result of the qualified investment.
(c) A business shall submit an application to the office to determine whether it is a qualified small business. Upon receipt of an application for an advanced industry investment tax credit from a qualified investor, the office shall determine whether the business that is named in the application is a qualified small business. After determining the qualifications, the office shall certify the qualified small business as being eligible to receive qualified investments for purposes of this section. A certified small business must report to the office as requested by the office to confirm the certified small business's status as a qualified small business. The office may certify a small business through October 1, 2031. The certification for a qualified small business is revoked if the business no longer meets the qualifications. A business shall notify the office within thirty business days from the date that it no longer meets the qualifications. A qualified small business that receives a qualified investment shall report data relevant to the impact of the tax credit and development of the qualified small business annually to the office for a five-year period following an initial qualified investment. If the certification is revoked or a business fails to meet its reporting requirements, the office may assess a penalty against the business that is equal to the amount of the advanced industry investment tax credits authorized after the date that the business no longer meets the qualifications. The state
C.R.S. § 24-50-1001
24-50-1001. Definitions. As used in this part 10, unless the context otherwise requires:
(1) Applicant means an individual applying to be a county employee, state
employee, county contractor, or state contractor.
(2) County contractor means an individual acting under a contract,
purchase order, or other similar agreement for the procurement of goods or services with a county or county department.
(3) County employee means an individual employed by a county.
(4) Federal tax information has the same meaning as specified in federal
internal revenue service publication 1075 dated September 30, 2016, as amended.
(5) State agency means all departments, institutions, and agencies of state
government, including the office of the governor, institutions of higher education, all principal departments, and the legislative and judicial departments of the state.
(6) State contractor means an individual acting under a contract, purchase
order, or other similar agreement for the procurement of goods or services with a state agency.
(7) State employee means an individual employed by a state agency,
whether the individual is under the state personnel system or exempt from the state personnel system.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1216, � 1,
effective July 1.
C.R.S. § 24-50-1002
24-50-1002. State agencies with access to federal tax information - authorization for background checks - procedure - costs. (1) Each applicant, state employee, state contractor, or other individual who has or may have access through a state agency to federal tax information received from the federal government shall submit a complete set of the person's fingerprints to the state agency. The state agency shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The state agency shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant, state employee, state contractor, or other individual who has a record of arrest without a disposition. The state agency may collect the fingerprints of the applicant, state employee, state contractor, or other individual or may use the fingerprinting services of another state agency or other entity authorized to collect fingerprints for the purpose of conducting fingerprint-based criminal history record checks.
(2) The state agency shall use the information resulting from the fingerprint-based criminal history record check or name-based judicial record check to
investigate and determine whether the applicant, state employee, state contractor, or other individual is qualified to have access to federal tax information in accordance with federal internal revenue service publication 1075. The state agency may verify the information an individual is required to submit. The state agency shall deny access to federal tax information received from the federal government to an applicant, state employee, state contractor, or other individual who does not pass the record check required by this section.
(3) The state agency shall pay the costs associated with fingerprint-based
criminal history record checks to the Colorado bureau of investigation and pay the costs associated with a name-based judicial record check.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1217, � 1,
effective July 1. L. 2019: Entire section amended, (HB 19-1166), ch. 125, p. 551, � 33, effective April 18. L. 2022: Entire section amended, (HB 22-1270), ch. 114, p. 523, � 35, effective April 21.
C.R.S. § 24-50-1003
24-50-1003. County departments with access to federal tax information - authorization for background checks - procedure - costs. (1) A state agency that receives federal tax information from the federal government and shares that information with a county department administering public assistance, child support services, or other programs may authorize and require the county department by written agreement to collect the fingerprints of all applicants, county employees, county contractors, or other individuals who have or may have access to the shared federal tax information for the purpose of conducting fingerprint-based criminal history record checks in accordance with this section.
(2) Each applicant, county employee, county contractor, or other individual
who has or may have access to federal tax information subject to an agreement authorized under subsection (1) of this section shall submit a complete set of the person's fingerprints to the county department. The county department shall submit the fingerprints to the Colorado bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The county department shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant, county employee, county contractor, or other individual who has a record of arrest without a disposition.
(3) The county department shall use the information resulting from the
fingerprint-based criminal history record check or name-based judicial record check to investigate and determine whether the applicant, county employee, county contractor, or other individual is qualified to have access to the shared federal tax information in accordance with federal internal revenue service publication 1075. The county department may verify the information an individual is required to submit. The county department shall deny access to the shared federal tax information to an applicant, county employee, county contractor, or other individual who does not pass the record check required in accordance with this section.
(4) The county department shall pay the costs associated with fingerprint-based criminal history record checks to the Colorado bureau of investigation and
pay the costs associated with a name-based judicial record check.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1217, � 1,
effective July 1. L. 2019: (2), (3), and (4) amended, (HB 19-1166), ch. 125, p. 552, � 34, effective April 18. L. 2022: (2), (3), and (4) amended, (HB 22-1270), ch. 114, p. 524, � 36, effective April 21.
C.R.S. § 24-50-1004
24-50-1004. State agencies sharing federal tax information with other state agencies. A state agency that receives federal tax information from the federal government and shares that information with another state agency may authorize and require that state agency by written agreement to conduct fingerprint-based criminal history record checks in accordance with section 24-50-1002 for all applicants, state employees, state contractors, or other individuals who have or may have access to the shared federal tax information. A state agency that receives federal tax information from the federal government shall not share that information with another state agency that fails or refuses to comply with the requirements of this section or section 24-50-1002.
Source: L. 2018: Entire part added, (HB 18-1339), ch. 178, p. 1218, � 1,
effective July 1.
PART 11
COLORADO PARTNERSHIP FOR
QUALITY JOBS AND SERVICES ACT
Cross references: For the legislative declaration contained in the 2020 act
enacting this part 11, see section 1 of chapter 109, Session Laws of Colorado 2020.
C.R.S. § 24-50-104
24-50-104. Job evaluation and compensation - state employee reserve fund - created - study - report - definitions. (1) Total compensation philosophy. (a) (I) It is the policy of the state to provide innovative total compensation that meets or exceeds total compensation provided by public or private sector employers or a combination of both, to officers and employees in the state personnel system to ensure the recruitment, motivation, and retention of a qualified and competent workforce. For purposes of this section, total compensation includes, but is not limited to, salary, group benefit plans, retirement benefits, step pay, incentives, premium pay practices, and leave as specified in statute or in policies of the state personnel director. For purposes of this section, group benefit plans means group benefit coverages as described in section 24-50-603 (9). Any monetary components of total compensation are subject to available appropriations by the general assembly.
(II) The state personnel director shall establish technically and
professionally sound survey methodologies to assess total compensation practices, levels, and costs. Except as provided in subsection (1)(a)(III) of this section, for purposes of this subsection (1)(a), to determine and maintain salaries, state contributions for group benefit plans, and step pay that meet or exceed total compensation provided by public or private sector employment or a combination of both, the state personnel director shall quadrennially review the results of appropriate surveys by public or private organizations, including surveys by the state personnel director set forth in subsection (4)(b)(I) of this section. Any surveys provided on a confidential basis shall not be revealed except to the state auditor's office and the private firm conducting the audit required in subsection (4)(b) of this section. The state personnel director shall adopt appropriate procedures to determine and maintain other elements of total compensation, including the payment of incentive awards to employees in the state personnel system. The state personnel director's review and determination of total compensation practices shall not be subject to appeal except as otherwise authorized by law or state personnel director procedures.
(II.5) When establishing pay plans in accordance with subsection (5) of this
section and recommending compensation for state employees in accordance with subsection (4) of this section, the state personnel director shall develop, after negotiations with the certified employee organization pursuant to section 24-50-1112, an equitable pay structure for employees in the state personnel system that provides consistent and predictable salary increases in compliance with any federal or state laws and keeps the state employee workforce competitive with market compensation. The requirements of this subsection (1)(a)(II.5) do not apply to employees of the state auditor, in accordance with subsection (1)(h) of this section.
(III) (A) The methodologies used for purposes of determining and maintaining
compensation for state law enforcement officers employed by the Colorado state patrol shall be the same as the methodologies established pursuant to subsection (1)(a)(II) of this section; except that the amount of salary shall be at least ninety-nine percent of the actual average salary provided to the top three law enforcement agencies within the state that have both more than one hundred commissioned officers and the highest actual average salary.
(B) As used in this subparagraph (III), state law enforcement officer means
the chief and any commissioned or noncommissioned officer and trooper of the Colorado state patrol.
(b) The state personnel director shall use a systematic approach to
objectively determine classes of positions and the uniform alignment of classes and occupational groups for all jobs in the state personnel system. The state personnel director shall conduct timely, ongoing, and technically sound evaluation and analyses of jobs in order to group similar duties and responsibilities into clearly distinguished classes and occupational groups that relate to the compensation structure through the assignment of appropriate pay grades. If the state personnel director proposes or the department of personnel recommends any changes to classes or occupational groups or to the pay grades for such classes or groups as a result of the evaluation and analyses required under this paragraph (b), the director shall notify all affected employees and employee organizations of such changes. Upon request of any affected employee or employee organization, the state personnel director shall meet and confer in good faith with such employee or organization regarding the proposed or recommended changes prior to finalizing and implementing any such change.
(c) (I) The state personnel director shall establish a step pay system in order
to provide periodic salary increases for employees in the state personnel system; except that the step pay system does not apply to employees of the state auditor, in accordance with subsection (1)(h) of this section. The purpose of the step pay system is to provide salary increases for employees based on salary placement within the appropriate salary range.
(A) to (E) (Deleted by amendment, L. 2024).
(I.1) to (I.9) Repealed.
(II) In addition to any other requirements set forth in this subsection (1)(c)(II),
the department of personnel shall develop the step pay system so that it:
(A) Is simple and understandable to employees in the state personnel
system;
(B) (Deleted by amendment, L. 2003, p. 1931, � 5, effective May 22, 2003.)
(C) Is developed with input from employees in the state personnel system,
managers, and other affected parties; and
(D) to (G) Repealed.
(H) Minimizes employee pay disruptions resulting from implementation or
modification of step pay.
(III) (Deleted by amendment, L. 2003, p. 1931, � 5, effective May 22, 2003.)
(IV) The state personnel director shall encourage state departments and
institutions of higher education to implement performance evaluations of employees that are as objective as possible and that, as soon as possible and wherever feasible, include an assessment from multiple sources of each employee's performance. Such sources shall include, where applicable, the employee's self-assessment; the employee's superiors, subordinates, and peers; and any other applicable sources of an employee's performance. The state personnel director shall adopt procedures to establish a process to resolve employee disputes related to performance evaluations that do not result in corrective or disciplinary action against the employee. Each program established by a state department or institution of higher education pursuant to this subsection (1)(c)(IV) is subject to the director's approval.
(c.5) (I) The state personnel director shall provide for the evaluation of
employee performance. Each employee shall be evaluated at least once a year.
(II) Repealed.
(III) The head of each principal department and each state-supported
institution of higher education, respectively, shall determine annually on May 1 whether each supervisor in the department or institution has completed the mandatory performance evaluation required for each employee in the state personnel system during the preceding twelve months. If any evaluations have still not been completed by July 1, the supervisor may be subject to demotion. If a supervisor has not timely completed annual performance evaluations for two consecutive years, the supervisor shall be demoted to a nonsupervisory position.
(IV) The state personnel director shall adopt procedures for the
implementation of the provisions of this paragraph (c.5). Nothing in this paragraph (c.5) shall be construed to limit the ability of the state personnel director to provide for additional sanctions for noncompliance with the provisions of this paragraph (c.5).
(V) Repealed.
(c.7) Repealed.
(d) (Deleted by amendment, L. 2000, p. 1117, � 1, effective May 26, 2000.)
(e) The state personnel director shall sustain an employee's base salary in
the event such employee's position is placed in a lower pay range due to an allocation of such employee's position, a system maintenance study of all positions in a class, a general job evaluation study of the state personnel system, or the quadrennial compensation survey for a period not to exceed three years from the effective date of such placement.
(f) Initial hiring shall typically be at the minimum rate in the pay grade. On a
showing of recruiting difficulty or other unusual condition, the appointing authority may authorize the appointment of a person at a higher base salary within the pay grade.
(g) Benefits shall include insurance, retirement, and leaves of absence with
or without pay and may include jury duty, military duty, or educational leaves. The state personnel director shall prescribe procedures for the types, amounts, and conditions for all leave benefits, subject to the provisions governing the benefits provided in subsection (7) of this section. The general assembly shall approve any changes to leave benefits granted by statute before such changes are implemented. The state personnel director shall prescribe by procedure any nonstatutory benefits.
(h) The state personnel director may, following consultation with the state
auditor and consistent with article III and sections 13, 14, and 15 of article XII of the state constitution, establish special procedures for classifying those employees of the state auditor's office who are within the state personnel system in order to take into consideration the special situations, circumstances, and duties unique to such employees. Such special procedures shall incorporate the directives, requirements, and elements of sections 13, 14, and 15 of article XII of the state constitution, including, but not limited to, the grading and compensation of persons in the state personnel system according to standards of efficient service that are the same for all persons having like duties.
(i) (Deleted by amendment, L. 2003, p. 1926, � 1, effective May 22, 2003.)
(j) and (k) Repealed.
(2) Records. To facilitate the reporting of estimated costs required of the
state personnel director pursuant to paragraph (c) of subsection (4) of this section, the records of all positions in the state personnel system shall be current and included in the state personnel data system by January 1 of each year.
(3) Repealed.
(4) Quadrennial compensation process. (a) The purpose of the quadrennial
compensation process is to determine any necessary adjustments to state employee salaries, state contributions for group benefit plans, and step pay. The quadrennial compensation survey, based on an analysis of surveys by public or private organizations, including surveys by the state personnel director, shall include a fair sample of public and private sector employers and jobs, including areas outside the Denver metropolitan area. In order to establish confidence in the selection of surveys, the state personnel director shall meet and confer in good faith with management and state employee representatives.
(b) (I) On October 1, 2025, and on October 1 of each fourth year thereafter,
the state personnel director shall prepare a quadrennial compensation report based on the analysis of surveys conducted pursuant to subsection (4)(a) of this section. The purpose of the quadrennial compensation report shall be to reflect all adjustments necessary to maintain the salary structure, state contributions for group benefit plans, and step pay for the upcoming fiscal year. The state personnel director shall also include a detailed analysis of salary ranges for all employees in the state personnel system and how employees' salaries are distributed within these ranges. The state personnel director shall also publish the report. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (4)(b)(I) continues indefinitely. The state auditor is responsible for contracting with a private firm to conduct a performance audit of the procedures and application of data, including any survey conducted by the state personnel director. Beginning January 1, 2005, through January 1, 2021, and beginning on January 1, 2026, the audits shall be conducted every four years. A report shall be submitted to the governor and the general assembly by the December 30 immediately following the completion of the audit.
(II) Repealed.
(c) By September 15, 2017, and by September 15 of each year thereafter
through September 15, 2021, and on or before October 1, 2022, and on or before October 1 of each year thereafter, the state personnel director shall submit recommendations and estimated costs for state employee compensation for the next fiscal year, covering salaries, state contributions for group benefit plans, and step pay, to the governor and the joint budget committee of the general assembly. The recommendations shall reflect a consideration of the results of the quadrennial compensation survey, fiscal constraints, the ability to recruit and retain state employees, appropriate adjustments with respect to state employee compensation, and those costs resulting from implementation of section 24-50-110 (1)(a). The recommendations for state contributions for group benefit plans shall specify the annual group benefit plan year established pursuant to section 24-50-604 (1)(m). The compensation report shall include the results of the surveys of public or private employers and jobs. The state personnel director shall also publish such report. This subsection (4)(c) is exempt from the provisions of section 24-1-136 (11), and the periodic reporting requirements of this section are effective until changed by the general assembly acting by bill.
(d) (I) For fiscal years commencing prior to the 2003-04 fiscal year and after
the 2003-04 fiscal year, the recommended changes to salaries and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act shall be effective on July 1 of the ensuing fiscal year unless the general assembly, acting by bill, establishes a different effective date for that fiscal year or the governor orders otherwise pursuant to section 24-50-109.5 and such order is adopted by the general assembly through a joint resolution declaring a fiscal emergency and approved by the governor in accordance with section 39 of article V of the Colorado constitution.
(II) For the 2003-04 and 2004-05 budget years, to the extent such changes
are funded, the recommended changes in state contributions for group benefit plans and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act for the next fiscal year shall be effective January 1 of the next fiscal year. For the 2005-06 fiscal year and each fiscal year thereafter, to the extent such changes are funded, the recommended changes in state contributions for group benefit plans and any adjustments to the recommended changes made by the general assembly in the annual general appropriation act for the next fiscal year shall be effective on the first day of the annual group benefit plan year established pursuant to section 24-50-604 (1)(m).
(III) (Deleted by amendment, L. 2006, p. 543, � 1, effective July 1, 2006.)
(IV) (Deleted by amendment, L. 2010, (HB 10-1181), ch. 351, p. 1624, � 13,
effective June 7, 2010.)
(e) (Deleted by amendment, L. 2006, p. 543, � 1, effective July 1, 2006.)
(f) Any moneys appropriated pursuant to this subsection (4) shall not be
used to achieve parity for employees outside the state personnel system.
(5) Pay plans. (a) The state personnel director shall establish pay plans as
technically and professionally necessary and shall establish any procedures and directives required to implement the state's innovative total compensation philosophy as defined in subsection (1) of this section.
(b) No employee in any pay plan may exceed an established maximum salary
amount for such plan, except as provided in subsection (1)(e) of this section. The maximum monthly salary for any employee whose position is assigned to a nonmedical pay plan in effect prior to July 1, 1991, shall be calculated based on the 1991 maximum of five thousand seven hundred ninety-four dollars, plus the subsequent adjustments made under this subsection (5)(b) since July 1, 1991; except that classes in the medical pay plan requiring licensure as a physician or dentist shall be subject to a maximum monthly salary calculated on the basis of the 1991 maximum of seven thousand eight hundred twelve dollars, plus the subsequent adjustments made under this subsection (5)(b) since July 1, 1991. Effective July 1, 2010, the maximum monthly salary in the medical pay plan shall be seventeen thousand nine hundred twenty-seven dollars, plus any subsequent adjustments made under this subsection (5)(b). Such amounts shall be adjusted by the state personnel director in accordance with the change in the employment cost index for the preceding calendar year or the percentage increase in state general fund appropriations in relation to such appropriations for the preceding fiscal year, whichever is greater. In no event shall such amounts exceed the maximum found in the market as determined by the annual recommendations submitted by the state personnel director. The maximum monthly salary for the senior executive service plan shall not exceed the maximum monthly salary of any nonmedical pay plan by more than twenty-five percent.
(c) The state personnel director shall establish criteria for inclusion in the
senior executive service and shall review each nominated position before it is placed in the pay plan for the senior executive service. The head of the department or agency or state auditor for employees of the state auditor's office shall make appointments to the senior executive service based on competitive selection and is responsible for the management of the employees in such plan. Any person in the senior executive service has no right to any position within the state.
(d) In the medical pay plans, there are no anniversary-based step increases.
The salaries in such pay plans are based on the negotiation of an annual contract between the employee and the department head or the state auditor, when appropriate, and the amount of such salaries may increase, decrease, or remain unchanged from year to year. Any employee dismissed for failure to perform under such contract may only appeal directly to the state personnel board.
(e) In the pay plans for the senior executive service and those positions
specified in section 13 (2)(a)(XI) of article XII of the state constitution, there are no anniversary-based step increases. The salaries in such pay plans are based on policies set forth by the state personnel director. The amount of such salaries may increase, decrease, or remain unchanged from year to year.
(6) Job evaluation. (a) System maintenance studies involving the assignment
of classes to increased pay grades shall be incorporated into the annual total compensation request reported to the general assembly and shall be effective on July 1 of each year unless otherwise ordered by the governor acting pursuant to section 24-50-109.5.
(b) (I) The state personnel director shall allocate individual positions to the
proper classes based on an objective evaluation of the job assignment.
(II) Any employee directly affected by the allocation of the employee's
position to a class in a lower pay grade under subparagraph (I) of this paragraph (b) may file a written appeal with the state personnel director within ten days after receiving the notice of allocation of positions. The state personnel director, or the director's designee, shall review the appeal in summary fashion on the basis of written material that may be supplemented by oral argument at the sole discretion of the director or designee. At the director's discretion, an advisory panel of qualified job evaluators may be convened to assist the director in making a decision. Except as otherwise provided in subparagraph (III) of this paragraph (b), the director shall issue a written decision within ninety calendar days after the receipt of a timely appeal. If the director does not issue a decision within ninety calendar days after receipt of a timely appeal, the original allocation decision shall be final. An allocation decision may be overturned only if the director finds it to have been arbitrary, capricious, or contrary to rule or law. The state personnel director shall establish a process for timely resolving appeals within the ninety-day period and the criteria for selection of and method of service upon an advisory panel. Any decision shall be subject to judicial review pursuant to section 24-4-106.
(III) When an employee who has filed an appeal with the state personnel
director pursuant to subparagraph (II) of this paragraph (b) also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, the ninety-day period specified in subparagraph (II) of this paragraph (b) shall be tolled until there is a final agency action by the board only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, is filed before the expiration of the ninety-day period, and is filed before the director has issued a written decision.
(7) Leaves. (a) No employee shall earn more than ten days of sick leave per
fiscal year. No employee may retain accumulated sick leave in excess of forty-five days at the end of any fiscal year; except that any employee who had accumulated sick leave prior to July 1, 1988, shall retain such leave and may accumulate a maximum of forty-five additional days. Any excess accumulation may be converted to annual leave at the rate of five days of sick leave to one day of annual leave up to a total of two days per fiscal year. A medical certificate form from a health-care provider shall be required for absences of more than three full consecutive working days, or the use of sick leave shall be denied.
(b) The procedures of the state personnel director shall provide that no more
than two days of paid leave per fiscal year shall be granted for organ, tissue, or bone marrow donation for transplants. Such leave may not be accumulated.
(c) The state personnel director may establish procedures to allow the
transfer of annual leave between employees when one employee, or an immediate family member of the employee, experiences an unforeseeable life-altering event beyond the employee's control. The recipient of any annual leave shall have a minimum of one year of state service and exhausted all applicable paid leave, including any compensatory time.
(d) An employee certified as a disaster service volunteer of the American red
cross may be granted paid leave for specialized disaster relief services. Such leave shall not exceed five days for a local disaster or fifteen days for a national disaster in a twelve-month period. Such leave may not be accumulated. During this period of leave, an employee shall not be deemed to be an employee for purposes of the Workers' Compensation Act of Colorado, as provided in articles 40 to 47 of title 8, C.R.S. The leave authorized by this paragraph (d) shall run concurrent with and shall not be in addition to any paid leave of absence required by law for service by a member in a Colorado civil air patrol mission as provided in section 28-1-104, C.R.S., or for qualified volunteer service in a disaster as provided in section 24-33.5-825.
(7.5) Repealed.
(8) Payroll. (a) Salaries paid on a monthly basis shall be paid as of the last
working day of the month; except that:
(I) Salaries for the month of June shall be paid on the first working day of
July; and
(II) For state personnel employees in the department of transportation hired
before August 5, 1998, as amended, salaries for the month of December shall be paid on the first working day in January, unless any such employee informs the controller of the department of transportation of the employee's desire to be paid in the same manner as other employees in the state personnel system as provided in this subsection (8), in which case, the employee shall be paid in such manner.
(a.5) Salaries paid on a monthly basis for the month of June shall be paid on
the first working day of July. This subsection (8)(a.5) does not apply to institutions of higher education.
(a.6) For state employment positions that are not otherwise covered by
subsection (8)(a) of this section, whether or not the positions are in the state personnel system:
(I) and (II) (Deleted by amendment, L. 2015.)
(III) Salaries paid on a biweekly basis shall be paid fourteen days after the
last day of the fourteen-day pay period.
(b) and (c) Repealed.
(d) Monthly salaries shall be converted to annual salary as the basis for
calculating amounts due for periods other than monthly.
(e) The state personnel director or the director's designee shall regulate,
approve, and review all payroll deductions other than those expressly authorized by statute or state-sponsored for all state employees. The state personnel director may assess a charge to the organization that receives the benefit from such a payroll deduction to offset the cost to the state for this service.
(f) No payroll deduction shall be made on behalf of a state employee without
prior written authorization from the state personnel director or the director's designee. The state personnel director or the director's designee may authorize a payroll deduction only after receiving a written request for such payroll deduction from the employee, a department or agency representative, or an organization.
(g) Repealed.
(9) Liability. (a) Except for gross negligence or fraud, no state employee
responsible for calculating pay shall be in any manner liable for overpayment or underpayment of salaries.
(b) No employee whose salary may be increased by an allocation of the
employee's position to a class in a higher pay grade shall have any claim against the state unless the final allocation decision is made effective more than one year from the time the written allocation request was received by the appropriate personnel office. In such case, the employee is entitled to the difference between the salary of the old grade and the new salary for such period over twelve months.
(10) Total compensation study including retirement benefits. (a) By January
15, 2015, by October 1, 2025, and by October 1 every fourth year thereafter, the state personnel director shall submit to the governor and the joint budget committee, along with the quadrennial compensation report required pursuant to subsection (4)(b) of this section, an addendum with a total compensation study that includes retirement benefits. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the addendum required in this subsection (10) continues indefinitely.
(b) The state personnel director shall contract with a third-party
compensation consulting firm with actuarial expertise and national standing to perform the total compensation study that includes retirement benefits required pursuant to paragraph (a) of this subsection (10). The study must compare total and component costs and values of the state's total compensation against similar workforce structures, including private companies and other states.
(c) For purposes of the addendum to the quadrennial compensation report
required pursuant to this subsection (10), the public employees' retirement association created in article 51 of this title 24 shall provide access to official association member information and data under a confidentiality agreement with the third-party compensation consulting firm.
(d) The state personnel director shall notify the joint budget committee of
the general assembly if he or she determines that the amount appropriated by the general assembly for the purpose of the study required pursuant to this subsection (10) is insufficient to procure a vendor to complete the scope of the work required.
(11) Repealed.
Source: L. 72: R&RE, p. 161, � 1. C.R.S. 1963: � 26-1-4. L. 73: pp. 420, 421-423,
426, �� 1, 1-5, 17. L. 75: (5)(e) and (5)(f) amended, p. 823, � 1, effective January 31; (5)(e) amended, p. 825, � 1, effective July 1. L. 79: (1)(a) amended, p. 944 � 1, effective June 21; (5)(e) amended, p. 945, � 1, effective June 29. L. 80: (5)(e) amended, p. 598, � 1, effective February 14; (6) amended, p. 600, � 1, effective July 1. L. 81: (2), (4)(a), (5)(a), (5)(b), (5)(e), and (5)(f) amended, (3)(g) and (8)(c) added, and (5)(c) R&RE, pp. 1196-1199, �� 4, 7, 5, 8, 6, effective July 1; (5)(e) amended, p. 887, � 2, effective January 1, 1982. L. 83: (4)(d) R&RE, (4)(e) added, (5)(a), (5)(b), (5)(c)(II), (5)(e), (6), and (8)(a) amended, and (8)(b) and (8)(c) repealed, pp. 848, 849, 852, �� 2, 3, 4, 7, effective May 31; (5)(e)(I) amended, p. 2055, � 33, effective October 14. L. 84: (2)(a), (5)(a), (5)(b), and (6) amended, (3), (4), and (5)(c) to (5)(f) R&RE, and (5)(g) added, pp. 705, 710, 707,709, �� 3, 6, 4, 5, effective July 1. L. 85: (5)(g)(III) R&RE, p. 841, � 1, effective June 8; (3)(g), (4)(d)(I), (5)(f), (5)(g)(I), and (6) amended, p. 836, � 1, effective July 1. L. 86: (5)(b)(I) amended and (5)(b)(I.1) added, p. 418, � 38, effective March 26; (1)(a) amended, p. 1219, � 24, effective May 30; (5)(g)(IV) added, p. 591, � 2, effective July 1. L. 87: (4)(d)(II), (5)(a), (5)(b)(I)(A), (5)(b)(I.1)(A), (5)(b)(II), (5)(c), (5)(e), and (5)(g)(I) amended, p. 1032, � 1, effective July 1. L. 88: (5)(g)(I) and (9) amended and (5)(g)(V) added, pp. 953, 954, �� 1, 2, effective May 24. L. 89: (5)(g)(VI) added, p. 1064 � 1, effective June 1; (2)(a), (5)(b)(I)(A), (8)(a), (9)(a), and IP (9)(b) amended, (2)(c) added, and (5)(b)(I)(B) repealed, pp. 487, 491, �� 17, 23, effective July 1; (4)(d)(II) and (5)(g)(I) amended, p. 1062, � 1, effective July 1; (5)(b)(I.1) repealed and (9)(c) amended, p. 1646, �� 23, 24, effective July 1; (9)(c) added, p. 664, � 4, effective July 1. L. 91: (9)(d) added, p. 903, � 1, effective March 11; (4)(d)(II) added, p. 842, � 1, effective April 17; (1)(a) amended, p. 1063, � 26, effective July 1; (5)(g)(VII) and (5)(g)(VIII) added and (6) amended, pp. 853, 854, �� 1, 2, effective July 1. L. 92: (5)(g)(VII), (5)(g)(VIII), (6)(d), (6)(e)(I), and (6)(e)(V) amended and (5)(g)(IX) added, p. 1129, � 1, effective April 29; (5)(a), (5)(b)(I)(A), and (5)(e) amended, p. 1078, � 1, effective July 1; (8)(a) amended, p. 1046, � 1, effective July 1. L. 93: (3)(a), (3)(b), (3)(g), and (4) amended and (3)(h) added, pp. 299, 296, �� 1, 2, effective April 7; (5)(g)(VII), (6)(e)(I), (6)(e)(V), and (8)(a) amended, (5)(g)(X) added, and (8)(a)(II) repealed, p. 2118, � 1, effective July 1. L. 94: (2)(c)(II) amended, p. 1136, � 2, effective May 19; (4)(d)(II), (5)(g)(I), and (8)(a)(I) amended and (8)(d) added, p. 1684, � 1, effective July 1. L. 96: (1)(b) and (1)(c) repealed, p. 1507, � 26, effective June 1; (8)(a)(I) and (8)(a)(III) amended and (8)(a)(IV) and (8)(a)(V) added, p. 1304, � 1, effective August 7. L. 98: Entire section R&RE, p. 668, � 1, effective August 5. L. 99: (1)(c) amended, p. 594, � 1, effective August 4. L. 2000: (1)(c), (1)(d), (1)(f), and (1)(i) amended, p. 1117, � 1, effective May 26; (7.5) added, p. 778, � 1, effective July 1; (1)(a)(II) amended and (1)(a)(III) added, p. 1982, � 2, effective August 2. L. 2001: (4)(c) amended, p. 701, � 1, effective May 31. L. 2002: (1)(a)(III)(A) amended, p. 1091, � 1, effective August 7. L. 2003: (8)(a) amended and (8)(a.5) and (8)(a.6) added, p. 52, � 1, effective March 5; (4)(c) amended and (4)(d) and (4)(e) added, p. 1494, � 1, effective May 1; (1)(a)(I), (1)(a)(II), (1)(a)(III)(A), (1)(c)(I), IP(1)(c)(II), (1)(c)(II)(B), (1)(c)(II)(D), (1)(c)(II)(E), (1)(c)(III), (1)(c)(IV), (1)(e), (1)(i), (3), (4)(a), (4)(b), (4)(c), and (4)(d)(II) amended, (1)(c)(II)(F), (1)(c)(II)(G), and (4)(f) added, and (1)(c.5) added with relocated provisions, pp. 1926, 1931, 1929, 1930, �� 1, 5, 2, 3, 4, effective May 22. L. 2004: (1)(c.7) added, p. 1240, � 2, effective August 4; (4)(c), (4)(d), and (4)(e) amended, p. 1557, � 1, effective August 4. L. 2006: (4)(d)(I), (4)(d)(III), and (4)(e) amended and (4)(d)(IV) added, p. 543, � 1, effective July 1; (1)(c.5)(II) amended, p. 279, � 1, effective August 7. L. 2007: (3)(a.5) added, p. 184, � 18, effective March 22; (5)(b) amended, p. 1898, � 1, effective July 1, 2008. L. 2008: (4)(b) amended, p. 1269, � 6, effective August 5. L. 2009: (7)(c) amended, (HB 09-1008), ch. 78, p. 286, � 1, effective April 2; (7)(d) amended, (HB 09-1315), ch. 312, p. 1693, � 2, effective August 5. L. 2010: (5)(b) amended, (SB 10-167), ch. 296, p. 1377, � 4, effective May 26; (1)(a)(I) amended, (HB 10-1427), ch. 408, p. 2019, � 1, effective June 10; (3) repealed, (4)(a), (4)(d)(IV), and (6)(b)(II) amended, and (6)(b)(III) added, (HB 10-1181), ch. 351, pp. 1623, 1624, �� 12, 13, effective June 7. L. 2012: (8)(a.6) amended, (HB12-1246), ch. 123, p. 417, � 1, effective April 16; (1)(a)(I), (I)(a)(II), (1)(c)(I), IP(1)(c)(II), (1)(c)(II)(D), (1)(c)(II)(F), (1)(c)(IV), (1)(c.5)(V), (1)(c.7), (4)(a), (4)(b)(I), and (4)(c) amended, (1)(c)(I.1), (1)(c)(I.2), (1)(c)(I.3), (1)(c)(I.5), (1)(c)(I.7), (1)(c)(I.9), and (1)(j) added, and (1)(c)(II)(E) and (1)(c)(II)(G) repealed, (HB 12-1321), ch. 260, p. 1342, � 6, effective September 1. L. 2013: (5)(c) and (5)(d) amended and (5)(e) added, (HB 13-1298), ch. 315, p. 1659, � 1, effective May 28; (1)(a)(III) and (7)(d) amended, (HB 13-1300), ch. 316, p. 1684, � 63, effective August 7. L. 2014: (10) added, (SB 14-214), ch. 322, p. 1404, � 1, effective June 4. L. 2015: (1)(j)(II) amended, (SB 15-169), ch. 17, p. 41, � 1, effective March 13; (8) amended, (HB 15-1392), ch. 320, p. 1302, � 1, effective June 5. L. 2016: (8)(c)(II) amended and (8)(g) added, (SB 16-215), ch. 248, p. 1018, � 1, effective June 8. L. 2017: (1)(j)(III) amended, (SB 17-265), ch. 167, p. 614, � 1, effective April 28; (4)(c) amended, (HB 17-1298), ch. 255, p. 1069, � 1, effective May 25; (1)(c.5)(V)(B) added by revision, (HB 17-1058), ch. 18, pp. 60, 61, �� 7, 12(2). L. 2019: (1)(j)(III)(C) added, (SB 19-208), ch. 140, p. 1743, � 1, effective May 3. L. 2020: (1)(j)(II)(A), (1)(j)(III)(A), (1)(j)(IV), and (5)(c) amended, (1)(j)(III)(D) and (1)(k) added, and (1)(j)(VI) repealed, (HB 20-1153), ch. 109, p. 438 � 3, effective June 16; (1)(j)(III)(E) added, (HB 20-1381), ch. 171, p. 785, � 2, effective June 29. L. 2022: (11) added, (HB 22-1196), ch. 6, p. 108, � 1, effective March 1; (1)(a)(I), (1)(a)(II), (1)(a)(III)(A), (1)(g), (4)(c), and (5)(a) amended, (HB 22-1266), ch. 49, p. 234, � 1, effective March 30; (1)(a)(II), (1)(e), (4)(a), (4)(b)(I), (4)(c), (5)(b), (10)(a), and (10)(c) amended and (4)(b)(II) repealed, (HB 22-1337), ch. 133, p. 901, � 2, effective April 25; (4)(c) amended, (SB 22-212), ch. 421, p. 2990, � 104, effective August 10. L. 2023: (1)(j)(III)(F) added, (SB 23-215), ch. 72, p. 271, � 1, effective April 17; IP(8)(a), (8)(a.5), IP(8)(a.6), and (8)(a.6)(III) amended and (8)(b), (8)(c), and (8)(g) repealed, (SB 23-180), ch. 138, p. 582, � 1, effective August 7. L. 2024: (1)(j)(III)(G) added, (HB 24-1415), ch. 84, p. 281, � 1, effective April 18; (1)(j)(III)(D) repealed and (1)(k) amended, (HB 24-1414), ch. 119, p. 388, � 1, effective April 19; (1)(a)(I), (1)(a)(II), (1)(c)(I), IP(1)(c)(II), (1)(c)(II)(C), (1)(c)(IV), (1)(c.5)(I), (1)(j)(II)(A), (4)(a), (4)(b)(I), (4)(c), (5)(d), and (5)(e) amended, (1)(a)(II.5) and (1)(c)(II)(H) added, and (1)(c)(I.1), (1)(c)(I.2), (1)(c)(I.3), (1)(c)(I.5), (1)(c)(I.7), (1)(c)(I.9), (1)(c)(II)(D), (1)(c)(II)(F), (1)(c.5)(II), and (1)(c.7) repealed, (HB 24-1467), ch. 430, p. 3010, � 2, effective June 5. L. 2025: (1)(j)(III)(A) amended and (1)(j)(III)(H), (1)(j)(III.5), and (1)(j)(VII) added, (SB 25-264), ch. 129, p. 504, � 28, effective April 25.
Editor's note: (1) Amendments to subsection (5)(e) by House Bill 75-1160 and
House Bill 75-1751 were harmonized. Amendments to subsection (5)(e) by Senate Bill 81-308 and House Bill 81-1365 were harmonized.
(2) (a) Subsection (5)(g)(IX) provided for the repeal of subsection (5)(g)(IX),
effective July 1, 1993. (See L. 92, p. 1129.)
(b) Subsection (5)(g)(X) provided for the repeal of subsection (5)(g)(X),
effective July 1, 1994. (See L. 93, p. 2118.)
(c) Subsection (8)(d)(V) provided for the repeal of subsection (8)(d), effective
July 1, 1994. (See L. 94, p. 1684.)
(d) Subsection (7.5)(h) provided for the repeal of subsection (7.5), effective
July 1, 2005. (See L. 2000, p. 778.)
(e) Subsection (1)(j)(II)(B) provided for the repeal of subsection (1)(j)(II)(B),
effective July 1, 2016. (See L. 2015, p. 41.)
(3) Subsection (1)(c.5) is similar to former � 24-50-118 as it existed prior to
2003.
(4) Subsection (1)(c.5)(V)(B) provided for the repeal of subsection (1)(c.5)(V),
effective January 1, 2020. (See L. 2017, p. 60.)
(5) Amendments to subsection (1)(a)(II) by HB 22-1266 and HB 22-1337 were
harmonized.
(6) Amendments to subsection (4)(c) by SB 22-212, HB 22-1266, and HB 22-1337 were harmonized.
(7) For the amendments in HB 24-1414 in effect from April 19, 2024, to July
31, 2024, see chapter 119, Session Laws of Colorado 2024. (L. 2024, p. 388.)
(8) Subsection (1)(k)(III) provided for the repeal of subsection (1)(k), effective
July 31, 2024. (See L. 2024, p. 388.)
(9) Subsection (11)(e) provided for the repeal of subsection (11), effective
January 1, 2025. (See L. 2022, p. 108.)
(10) Subsection (1)(j)(VII) provided for the repeal of subsection (1)(j), effective
July 1, 2025. (See L. 2025, p.504.)
(11) For the amendments in SB 25-264 in effect from April 25, 2025, to July 1,
2025, see chapter 129, Session Laws of Colorado 2025. (L. 2025, p. 504.)
Cross references: (1) For the legislative declaration in the 2010 act
amending subsection (5)(b), see section 1 of chapter 296, Session Laws of Colorado 2010.
(2) In 2012, subsections (1)(a)(I), (I)(a)(II), (1)(c)(I), IP(1)(c)(II), (1)(c)(II)(D),
(1)(c)(II)(F), (1)(c)(IV), (1)(c.5)(V), (1)(c.7), (4)(a), (4)(b)(I), and (4)(c) were amended, (1)(c)(I.1), (1)(c)(I.2), (1)(c)(I.3), (1)(c)(I.5), (1)(c)(I.7), (1)(c)(I.9), and (1)(j) were added, and (1)(c)(II)(E) and (1)(c)(II)(G) were repealed by the Modernization of the State Personnel System Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.
(3) For the legislative declaration in HB 20-1153, see section 1 of chapter 109,
Session Laws of Colorado 2020.
(4) For the legislative declaration in HB 24-1467, see section 1 of chapter
430, Session Laws of Colorado 2024.
C.R.S. § 24-50-1203
24-50-1203. Definitions. As used in this part 12, unless the context otherwise requires:
(1) AWP means average wholesale price.
(2) Department means the department of personnel.
(3) GNC means guaranteed net cost.
(4) Market check means a technology-driven evaluation of an incumbent
PBM's prescription drug pricing based on benchmark comparators derived from PBM reverse auction processes conducted in the United States over the previous twelve months.
(5) NADAC means national average drug acquisition cost.
(6) NIST means national institute of standards and technology.
(7) Participant bidding agreement means an online agreement that details
common definitions, prescription drug classifications, rules, data access and use rights, and other optimal contract terms benefitting the state that all PBM bidders must accept as a prerequisite for participation in a PBM reverse auction.
(8) Pharmacy benefit manager or PBM means a person, business, or other
entity that, pursuant to a contract with a health-care service plan, manages, in whole or through a coordination of service providers, the prescription drug coverage provided by the health-care service plan, including, but not limited to, the processing and payment of claims for prescription drugs, the performance of drug utilization review, the processing of prior authorization requests for specified drugs, the adjudication of appeals or grievances related to prescription drug coverage, contracting with network pharmacies, and controlling the cost of covered prescription drugs.
(9) PBM reverse auction means an automated, transparent, and
dynamically competitive bidding process conducted online that starts with an opening round of bids and allows qualified PBM bidders to counter-offer a lower price for as many rounds of bidding as determined by the department for a multiple health plan prescription drug purchasing group.
(10) Price means the projected cost of a PBM offer or bid for providing
prescription drug benefits pursuant to this part 12, to enable direct comparison of the comparably calculated costs of competing PBM proposals over the duration of the PBM services contract.
(11) Real-time means within no more than one hour.
(12) Self-funded private sector health plan means any self-funded private
sector employer or multi-employer health plan.
(13) Self-funded public sector health plan means any group benefit plan
provided pursuant to the State Employees Group Benefits Act, part 6 of this article 50; any state-funded health plan or self-funded county, municipal, or other local government employee health plan; and any public school employee health plan, health plan of the university of Colorado, Colorado public four-year college, or Colorado community college system.
(14) SOC 2 means service organization control 2.
Source: L. 2021: Entire part added, (HB 21-1237), ch. 217, p. 1145, � 1, effective
June 7.
C.R.S. § 24-50-1204
24-50-1204. Competitive pharmacy benefit manager - contract - requirements. (1) Consistent with the Procurement Code, articles 101 to 112 of this title 24, and notwithstanding any other provision of law, the department shall enter into a contract for the services of a pharmacy benefit manager for the administration of benefits under the State Employees Group Benefits Act, part 6 of this article 50, in a transparent, online, and dynamically competitive process and in the manner specified in this section.
(2) Prior to November 1, 2022, the department shall procure, through the
solicitation of proposals from qualified professional services vendors, the following products and services based on price, capabilities, and other factors deemed relevant by the department:
(a) A technology platform with the required capabilities for conducting a
PBM reverse auction. The department shall ensure that the technology platform possesses, at a minimum, the capacity to:
(I) Conduct an automated, online, reverse auction of PBM services using a
software application and high-performance data infrastructure to intake, cleanse, and normalize PBM data with development methods and information security standards that have been validated by receiving SOC 2 and NIST certification or successor information technology security certifications, as identified by the office of information technology;
(II) Automate repricing of diverse and complex PBM prescription drug pricing
proposals to enable direct comparison of the comparably calculated costs to the state of PBM bids using one hundred percent of annual prescription drug claims data available for state-funded health plans or a multiple health plan prescription drug purchasing group and using code-based classification of drugs from nationally accepted drug sources;
(III) Simultaneously evaluate, in real-time, diverse and complex multiple
proposals from full service PBMs, including AWP, GNC, and NADAC pricing models, as well as proposals from pharmacy benefit administrators and specialty drug and rebate carve out service providers;
(IV) Produce an automated report and analysis of PBM bids, including the
ranking of PBM bids based on the comparative costs and qualitative aspects of the bids within a one-hour period following the close of each round of reverse auction bidding; and
(V) Perform real-time, electronic, line-by-line, claim-by-claim review of one
hundred percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract resulting from the reserve auction process; and
(b) Related services from the operator of the technology platform identified
in subsection (2)(a) of this section, which shall include, at a minimum:
(I) Evaluation of the qualifications of PBM bidders;
(II) Online automated reverse auction services to support the department in
comparing the pricing for the PBM procurement; and
(III) Related professional services.
(3) The department shall not award a contract for procurement of the
technology platform and technology operator services to a vendor that is a PBM or a vendor that is managed by or a subsidiary or affiliate of a PBM.
(4) The vendor awarded the contract by the department shall not outsource
any part of the PBM reverse auction or the automated, real-time, electronic, line-by-line, claim-by-claim review of invoiced PBM prescription drug claims.
(5) With technical assistance and support provided by the technology
platform operator, the department shall specify the terms of the participant bidding agreement. The terms of the participant bidding agreement shall not be modified except by specific consent of the department.
(6) (a) The technology platform used to conduct the reverse auction shall be
repurposed over the duration of the PBM services contract as an automated pharmacy claims adjudication engine to perform real-time, electronic, line-by-line, claim-by-claim review of one hundred percent of invoiced PBM prescription drug claims, and identify all deviations from the specific terms of the PBM services contract.
(b) The department shall reconcile the electronically adjudicated pharmacy
claims, as described in subsection (6)(a) of this section, with PBM invoices on a monthly or quarterly basis to ensure that state payments shall not exceed the terms specified in any PBM services contract.
(c) If following state payment to the PBM on the basis of such reconciliation,
the PBM asserts that the department or its authorized representative has underpaid on the amount owed, the PBM may seek resolution through a mutually acceptable dispute resolution process, which the parties shall have agreed to previously in the terms of their contract.
(7) (a) The first PBM reverse auction shall be completed and the PBM
services contract shall be awarded to the winning PBM with an effective date of July 1, 2023. Subsequent contracts must be awarded no later than three months prior to termination or expiration of the current PBM services contract for a covered group, such as the state employees benefits group, that includes only active employees and dependents, but does not include retiree participants in a medicare Part D employer group waiver program pursuant to the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Pub.L. 108-173.
(b) In the event an eligible covered group that includes retiree participants in
a Part D employer group waiver program pursuant to the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Pub.L. 108-173, opts to use the processes and procedures set forth in this part 12, the relevant PBM reverse auction shall be completed and the PBM services contract shall be awarded to the winning PBM no later than six months prior to termination or expiration of the PBM services contract currently covering the retiree employer group waiver program participants.
(8) The department may perform a market check for providing PBM services
during the term of the current PBM services contract, which shall be a technology-driven evaluation of the incumbent PBM's prescription drug pricing based on benchmark comparators derived from PBM reverse auction processes conducted in the United States over the previous twelve months in order to ensure continuing competitiveness of incumbent prescription drug pricing over the life of a PBM services contract.
(9) To ensure that the department does not incur additional expenditures
associated with conduct of the PBM reverse auction, ongoing electronic review and validations of PBM claims, and optional periodic market checks, the department shall implement a no-pay option that obligates the winning PBM, rather than the state, to pay the cost of the technology platform and related technology platform operator services by assessing the PBM a per-prescription fee in an amount agreed to by the department and the technology operator and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract. The obligation of the winning PBM to pay the per-prescription fees shall be incorporated as a term of the participant bidding agreement and the PBM services contract awarded to the PBM reverse auction winner.
(10) (a) The processes and procedures set forth in this part 12 apply to group
benefit plans provided pursuant to the State Employees Group Benefits Act, part 6 of this article 50. This part 12 shall not apply in the case of a nonprofit, nongovernmental health maintenance organization with respect to managed care plans that provide a majority of covered professional services through a single contracted medical group.
(b) Any other self-funded public sector health plan may use the processes
and procedures set forth in this part 12 individually, collectively, or as a joint purchasing group with the group benefit plans provided pursuant to the State Employees Group Benefits Act, part 6 of this article 50.
(c) (I) After completion of the first PBM reverse auction, self-funded private
sector health plans with substantial participation by Colorado employees and their dependents shall have the option to participate in a joint purchasing pool with state employees for subsequent PBM reverse auctions.
(II) The group benefit plans provided pursuant to the State Employees
Group Benefits Act, part 6 of this article 50, and any self-funded public sector health plans or self-funded private sector health plans that opt to participate with the state employees group benefits plan in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common prescription drug formulary or common prescription pharmacy benefit design. Any such entity or purchasing group shall agree, before participating in the PBM reverse auction, to accept the prescription drug pricing plan that is selected through the PBM reverse auction process.
(III) Any PBM providing services to the department, to self-funded public
sector health plans, or to self-funded private sector health plans as described in this section shall provide the department and the plan access to complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.
(11) Notwithstanding section 24-50-1204 (1), the department may elect to
vacate the outcome of a PBM reverse auction if the lowest cost PBM bid is not less than the projected cost trend for the incumbent PBM contract as verified by the department. The department may utilize a consultant to make the verification. The cost trend shall be projected by the technology platform operator using industry-recognized data sources and is subject to review and approval by the department in advance of the reverse auction. Methodology must be applied consistently in projection of cost and savings to the state with regard to the incumbent PBM contract and competing PBM reverse auction bids.
Source: L. 2021: Entire part added, (HB 21-1237), ch. 217, p. 1146, � 1, effective
June 7.
ARTICLE 50.3
State Administrative Support Services -
Department of Personnel
Cross references: For the legislative declaration contained in the 1995 act
enacting this article, see section 112 of chapter 167, Session Laws of Colorado 1995.
PART 1
GENERAL PROVISIONS
24-50.3-101. Legislative declaration. The general assembly hereby finds,
determines, and declares that the merger of the department of administration, which is responsible for providing specific administrative support services to state agencies, into the department of personnel, which is responsible for the administration of the state personnel system, will result in increased efficiency, reduced costs, increased accountability, and improvements in the provision of services to state agencies and the public. It is for this purpose that the general assembly has enacted this article.
Source: L. 95: Entire article added, p. 627, � 6, effective July 1.
24-50.3-102. Short title. This article shall be known and may be cited as the
State Support Services Reorganization Act.
Source: L. 95: Entire article added, p. 627, � 6, effective July 1.
24-50.3-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Department means the department of personnel.
(2) Executive director means the executive director of the department of
personnel.
Source: L. 95: Entire article added, p. 627, � 6, effective July 1.
24-50.3-104. Powers and duties of executive director. (1) Nothing in this
article shall be construed to diminish the responsibility of the executive director in administering the state personnel system as required by the state constitution or statutes.
(2) In addition to all other powers and duties conferred or imposed upon the
executive director by this article or any other law, the executive director shall:
(a) Study and make recommendations to the governor regarding
improvements in techniques used by state agencies for management specialties, including, but not limited to, accounting, purchasing, maintenance of state buildings and grounds, records management, and data processing management;
(b) Coordinate and provide services used by more than one state agency;
(c) Review agencies' programs and management in order to identify
problems and suggest improvements to the governor;
(d) Report annually to the governor concerning all findings and
recommendations;
(e) Repealed.
(f) Supervise the provision of maintenance and other related services to all
buildings and grounds in the capitol buildings group.
(3) In order to perform these duties, the executive director shall have the
power to:
(a) Promulgate rules and regulations;
(b) Examine the books, accounts, and employees of the various state
agencies;
(c) Conduct public or private hearings on any matter relating to the functions
of the executive director;
(d) Establish standards for the executive branch regarding the allocation of
office space to various functions, the size and density of occupancy of office space, and the amount and quality of office furnishings;
(e) After consultation with other state agencies, promulgate rules and
regulations which set out the methods to be employed by state agencies in the collection of debts due the state. Rules and regulations shall be uniform wherever possible for all state agencies and shall include such things as the classification of debts by type, amount, time status as to delinquency, circumstances of debtor, possibility of error, and any other method of classification which aids an agency in efficient efforts to recover amounts due the state.
(f) Repealed.
(g) Promulgate procedural rules governing the conduct of hearings before
the office of administrative courts.
(4) The executive director shall have such other powers, duties, and
functions as are prescribed for heads of principal departments in the Administrative Organization Act of 1968, article 1 of this title.
(5) Every state department, its officers, and its employees shall cooperate
with the executive director in the performance of the executive director's duties.
(6) The executive director shall have the responsibility for the analysis of all
state agency programs; the appraisal of the quantity and quality of services rendered by each principal department and by the divisions, sections, and units thereunder; and the development of plans for improvements and economies in the organization and operation of the principal departments and for reporting thereon to the governor and the general assembly.
(7) The executive director may establish such divisions, sections, and other
units within the department of personnel as are necessary for the proper and efficient discharge of the powers, duties, and functions of the department. The executive director may allocate, as necessary, such powers, duties, and functions to the divisions, sections, or other units established by the executive director.
(8) Repealed.
Source: L. 95: Entire article added, p. 627, � 6, effective July 1. L. 96: (3)(f)
amended and (7) and (8) added, pp. 1525, 1507, �� 72, 27, effective June 1. L. 98: (7) amended, p. 226, � 1, effective August 5; (8) repealed, p. 677, � 7, effective August 5. L. 2005: (3)(g) amended, p. 858, � 22, effective June 1. L. 2021: (2)(e) and (3)(f) repealed and (3)(e) amended, (SB 21-055), ch. 12, p. 78, � 13, effective March 21.
24-50.3-105. Transfer of functions - employees - property - records. (1) On
and after July 1, 1995, the department of personnel shall execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested prior to July 1, 1995, in the department of administration.
(2) (a) On and after July 1, 1995, all positions of employment in the
department of administration concerning the duties and functions transferred to the department of personnel pursuant to section 24-1-128, this article, and article 30 of this title and determined to be necessary to carry out the purposes of these articles by the executive director shall be transferred to the department of personnel and shall become employment positions therein. The executive director shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the department and the office of the executive director. Any appointment of employees and any creation or elimination of positions of employment necessary to carry out the purposes of these articles shall be consistent with the plan for reorganizing state support services as set forth in part 2 of this article and shall be implemented after the plan or relevant portion of the plan has been presented to the state support services reorganization committee pursuant to section 24-50.3-202. Appointing authority may be delegated by the executive director as appropriate.
(b) On and after July 1, 1995, all employees of the department of
administration whose duties and functions concerned the powers, duties, and functions transferred to the department of personnel pursuant to section 24-1-128, this article, and article 30 of this title, regardless of whether the position of employment in which the employee served was transferred, shall be considered employees of the department of personnel for purposes of section 24-50-124. Such employees shall retain all rights under the state personnel system and to retirement benefits pursuant to the laws of this state, and their services shall be deemed continuous.
(3) On July 1, 1995, all items of property, real and personal, including office
furniture and fixtures, books, documents, and records of the department of administration pertaining to the duties and functions transferred to the department of personnel are transferred to the department of personnel and shall become the property thereof.
(4) On and after July 1, 1995, whenever the department of administration is
referred to or designated by any contract or other document in connection with the duties and functions transferred to the department of personnel, such reference or designation shall be deemed to apply to the department of personnel. All contracts entered into by the said departments prior to July 1, 1995, in connection with the duties and functions transferred to the department of personnel are hereby validated, with the department of personnel succeeding to all rights and obligations under such contracts. Any cash funds, custodial funds, trusts, grants, and any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts shall be transferred and appropriated to the department of personnel for the payment of such obligations.
(5) On and after July 1, 1995, unless otherwise specified, whenever any
provision of law refers to the department of administration, said law shall be construed as referring to the department of personnel.
(6) All rules, regulations, and orders of the department of administration
adopted prior to July 1, 1995, in connection with the powers, duties, and functions transferred to the department of personnel shall continue to be effective until revised, amended, repealed, or nullified pursuant to law. On and after July 1, 1995, the executive director shall adopt rules necessary for the administration of the department and the administration of the administrative support services transferred to the department pursuant to section 24-1-128, this article, and article 30 of this title. Any rules proposed by the executive director on and after July 1, 1995, necessary to carry out the purposes of these articles shall be consistent with the plan for reorganizing state support services as set forth in part 2 of this article and shall be adopted after the plan or relevant portion of the plan has been presented to the state support services reorganization committee pursuant to section 24-50.3-202.
(7) No suit, action, or other judicial or administrative proceeding lawfully
commenced prior to July 1, 1995, or that could have been commenced prior to such date, by or against the department of administration or any officer thereof in such officer's official capacity or in relation to the discharge of the officer's duties, shall abate by reason of the transfer of duties and functions from said department to the department of personnel.
(8) (a) The executive director, or a designee of the executive director, may
accept and expend, on behalf of and in the name of the state, gifts, donations, and grants for any purpose connected with the work and programs of the department. Any property so given shall be held by the state treasurer, but the executive director, or the designee therefor, shall have the power to direct the disposition of any property so given for any purpose consistent with the terms and conditions under which such gift was created.
(b) Pursuant to paragraph (a) of this subsection (8), the executive director, or
a designee of the executive director, may expend gifts, donations, and grants that are custodial funds without further appropriation by the general assembly. Any gifts, donations, and grants accepted by the executive director, or the designee thereof, pursuant to paragraph (a) of this subsection (8) that are not custodial funds are subject to annual appropriation by the general assembly.
Source: L. 95: Entire article added, p. 629, � 6, effective July 1. L. 2012: (8)
amended, (SB 12-156), ch. 159, p. 563, � 1, effective August 8.
Editor's note: The internal references in subsections (2)(a) and (6) to part 2 of
this article and section 24-50.3-202 refer to those provisions as they existed prior to the repeal of part 2 of this article on July 1, 1996.
24-50.3-106. Authority of revisor of statutes to amend references to
department - affected statutory provisions. (1) The revisor of statutes is hereby authorized to change all references in the Colorado Revised Statutes to the department of administration from the department of administration to the department of personnel with respect to the powers, duties, and functions transferred to the department. In connection with such authority, the revisor of statutes is hereby authorized to amend or delete provisions of the Colorado Revised Statutes so as to make the statutes consistent with the powers, duties, and functions transferred pursuant to section 24-1-128, this article, and article 30 of this title.
(2) On and after July 1, 1996, the revisor of statutes is hereby authorized to
change all references in the Colorado Revised Statutes to the divisions of purchasing, state archives and public records, accounts and controls, telecommunications, central services, risk management, and general government computer center, from said references to the department of personnel and to change all references to the directors of said divisions, except the state controller, to the executive director of the department of personnel with respect to the powers, duties, and functions transferred to the department and the executive director. In connection with such authority, the revisor is hereby authorized to amend or delete provisions of the Colorado Revised Statutes so as to make the statutes consistent with the powers, duties, and functions transferred pursuant to section 24-1-128, this article, and article 30 of this title.
Source: L. 95: Entire article added, p. 631, � 6, effective July 1. L. 96: Entire
section amended, p. 1508, � 28, effective June 1. L. 97: (2) amended, p. 1020, � 34, effective August 6.
PART 2
REORGANIZATION OF STATE SUPPORT SERVICES
24-50.3-201 to 24-50.3-204. (Repealed)
Editor's note: (1) This part 2 was added in 1995 and was not amended prior to
its repeal in 1996. For the text of this part 2 prior to 1996, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
(2) Section 24-50.3-204 provided for the repeal of this part 2, effective July
1, 1996. (See L. 95, p. 633.)
ARTICLE 50.5
State Employee Protection
Editor's note: In Ward v. Industrial Comm'n, 699 P.2d 960 (Colo. 1985), the
supreme court set forth how the burden of proof is to be allocated in the examination of possible violations of this statute. In determining whether reduction of terminated state employees' unemployment benefits would violate the protection granted by the statute, the claimant must establish that his or her disclosures fell within the protection of the statute and that they were a substantial or motivating factor in the employer's opposition to his receipt of benefits, and, if the claimant makes such initial showing, then the employer must establish by the preponderance of the evidence that it would have reached the same decision even in the absence of the protected conduct.
Cross references: For private enterprise employee protection, see article 114
of this title.
Law reviews: For article, Whistle-blowing: A Growing Trend, see 19 Colo.
Law 1313 (1990); for article, A Guide to the Lesser-Known Work Laws in Colorado, see 43 Colo. Law. 49 (May 2014).
24-50.5-101. Legislative declaration - repeal. (1) The general assembly
declares that the people of Colorado are entitled to information about the workings of state government in order to reduce the waste and mismanagement of public funds, to reduce abuses in government authority, and to prevent illegal and unethical practices. The general assembly further declares that employees of the state of Colorado are citizens first and have a right and a responsibility to behave as good citizens in our common efforts to provide sound management of governmental affairs. To help achieve these objectives, the general assembly declares that state employees should be encouraged to disclose information on actions of state agencies that are not in the public interest and that legislation is needed to ensure that any employee making such disclosures shall not be subject to disciplinary measures or harassment by any public official.
(2) Repealed.
Source: L. 79: Entire article added, p. 965, � 1, effective June 15. L. 2016:
Entire section amended, (SB 16-056), ch. 294, p. 1194, � 1, effective June 10.
Editor's note: Subsection (2)(b) provided for the repeal of subsection (2),
effective May 15, 2018. (See L. 2016, p. 1194.)
24-50.5-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Disciplinary action means any direct or indirect form of discipline or
penalty, including, but not limited to, dismissal, demotion, transfer, reassignment, suspension, corrective action, reprimand, admonishment, unsatisfactory or below standard performance evaluation, reduction in force, or withholding of work, or the threat of any such discipline or penalty.
(2) Disclosure of information means the written provision of evidence to
any person, or the testimony before any committee of the general assembly, regarding any action, policy, regulation, practice, or procedure, including, but not limited to, the waste of public funds, abuse of authority, or mismanagement of any state agency.
(3) Employee means any person employed by a state agency.
(4) State agency means any board, commission, department, division,
section, or other agency of the executive, legislative, or judicial branch of state government.
(5) Supervisor means any board, commission, department head, division
head, or other person who supervises or is responsible for the work of one or more employees.
(6) Repealed.
Source: L. 79: Entire article added, p. 965, � 1, effective June 15. L. 2016: (6)
added, (SB 16-056), ch. 294, p. 1195, � 2, effective June 10.
Editor's note: Subsection (6)(b) provided for the repeal of subsection (6),
effective May 15, 2018. (See L. 2016, p. 1195.)
24-50.5-103. Retaliation prohibited - repeal. (1) Except as provided in
subsection (2) of this section, an appointing authority or supervisor shall not initiate or administer any disciplinary action against an employee on account of the employee's disclosure of information. This subsection (1) does not apply to an employee who discloses:
(a) Information that he or she knows to be false or who discloses information
with disregard for the truth or falsity of the information;
(b) Information from public records that are closed to public inspection
pursuant to section 24-72-204; or
(c) Without lawful authority, information that is confidential under any other
provision of law or closed to public inspection under section 24-72-204 (2)(a)(I) and (2)(a)(VIII).
(2) An employee who wishes to disclose information under the protection of
this article is obligated to make a good-faith effort to provide to his or her supervisor or appointing authority or member of the general assembly the information to be disclosed prior to the time of its disclosure.
(2.5) An appointing authority or supervisor shall not initiate or administer any
disciplinary action against an employee on account of the employee's disclosure of information to the fraud hotline administered by the state auditor in accordance with section 2-3-110.5; except that this subsection (2.5) does not apply to an employee who discloses information with disregard for the truth or falsity of the information.
(3) to (11) Repealed.
Source: L. 79: Entire article added, p. 966, � 1, effective June 15. L. 2016:
Entire section amended, (SB 16-056), ch. 294, p. 1195, � 3, effective June 10. L. 2017: (2.5) added, (HB 17-1223), ch. 243, p. 1004, � 3, effective August 9.
Editor's note: Subsection (11) provided for the repeal of subsections (3) to
(11), effective May 15, 2018. (See L. 2016, p. 1195.)
24-50.5-104. Complaints by state personnel system employees -
limitation period. (1) Any employee in the state personnel system may file a written complaint with the state personnel board within ten days after the employee knew or should have known of a disciplinary action alleging a violation of section 24-50.5-103 if the employee demonstrates that reasonable communication to the employee's supervisor, appointing authority, or member of the general assembly has occurred in regard to the alleged violation. Within ten days after receiving the complaint, the state personnel board shall send a copy of the complaint to the affected state agency and shall provide the employee with written notice that the complaint has been received and docketed and that sets forth the process for reviewing such complaint. The affected state agency shall submit a written response to the complaint within forty-five days after the date the complaint was filed with the state personnel board. The state personnel board shall set the matter for review in accordance with section 24-50-123 or for hearing to commence not later than ninety days after the receipt of the written response filed by the agency. The hearing date may be continued once only for good cause shown for no longer than thirty days with the approval of the state personnel board. Any hearing conducted pursuant to this section shall take precedence over any other matter pending before the state personnel board.
(2) If the state personnel board after hearing determines that a violation of
section 24-50.5-103 has occurred, the state personnel board shall order, within forty-five days after such hearing, the appropriate relief, including, but not limited to, reinstatement, back pay, restoration of lost service credit, and expungement of the records of the employee who disclosed information, and, in addition, the state personnel board shall order that the employee filing the complaint be reimbursed for any costs, including any court costs and attorney fees, if any, incurred in the proceeding. Such reimbursement shall be made out of moneys appropriated to the agency that employs such employee. Judicial review of any determination by the state personnel board under this subsection (2) may be had in accordance with section 24-4-106.
(3) It shall be a defense in any grievance or appeal before the state
personnel board that the disciplinary action against an employee was initiated in violation of section 24-50.5-103, and the issue of the violation of section 24-50.5-103 shall be determined by the state personnel board as a part of the related grievance or appeal. The failure to raise any such defense shall bar any subsequent cause of action for a violation of section 24-50.5-103 arising out of the same set of facts at issue in the related grievance or appeal.
(4) Whenever the state personnel board determines that an appointing
authority or supervisor has violated section 24-50.5-103, the appointing authority or supervisor shall receive a disciplinary action which shall remain a permanent part of the appointing authority's or supervisor's personnel file, and a copy of the disciplinary action shall be provided to the employee. The disciplinary action shall be appropriate to the circumstances, from a mandatory minimum of one week suspension or equivalent up to and including termination. In considering the appropriate disciplinary action pursuant to this subsection (4), the appointing authority or supervisor of the appointing authority or supervisor who has committed such violation shall consider the nature and severity of the retaliatory conduct involved.
(5) The state personnel board shall promulgate rules consistent with the
provisions of this article that establish the procedures for filing complaints with the state personnel board under this section and that identify the rights and obligations of employees under this article.
Source: L. 79: Entire article added, p. 966, � 1, effective June 15. L. 97: Entire
section amended, p. 1417, � 1, effective July 1. L. 2006: (1) and (2) amended, p. 99, � 1, effective August 7.
24-50.5-105. Civil action. Any employee not in the state personnel system,
or any employee in the state personnel system who filed a complaint under section 24-50.5-104 (1) but the state personnel board determined after review or hearing that no violation of section 24-50.5-103 occurred, may bring a civil action in the district court alleging a violation of section 24-50.5-103. If the employee prevails, the employee may recover damages, together with court costs, and the court may order such other relief as it deems appropriate.
Source: L. 79: Entire article added, p. 967, � 1, effective June 15. L. 2006:
Entire section amended, p. 100, � 2, effective August 7.
24-50.5-105.5. Nondisclosure agreements - protection of state employees
-
definitions. (1) (a) Neither the state nor any department, institution, or agency of the state shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the state or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Nonpublic and confidential labor relations positions and strategies;
(IV) Attorney work product;
(V) Vendor lists and vendor preferences;
(VI) State business-related information received from a third party that the third party has designated confidential;
(VII) Information and matters related to state active duty orders of national guard soldiers and airmen and personnel disputes subject to the jurisdiction of the United States department of defense;
(VIII) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IX) Information bearing on the specialized details of security arrangements or investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;
(X) Information derived from communications of the employer related to threatened or pending legal or administrative action;
(XI) Discussions that occur in an executive session authorized by section 24-6-402;
(XII) Trade secrets or information derived from trade secrets or proprietary information of the employer;
(XIII) Information and records not subject to disclosure under the Colorado Open Records Act, part 2 of article 72 of this title 24; or
(XIV) Trade secrets owned by the employer.
(b) Any provision in any contract or agreement that violates subsection (1)(a) of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Nonpublic and confidential labor relations positions and strategies;
(IV) Attorney work product;
(V) Vendor lists and vendor preferences;
(VI) State business-related information received from a third party that the third party has designated confidential;
(VII) Information and matters related to state active duty orders of national guard soldiers and airmen and personnel disputes subject to the jurisdiction of the United States department of defense;
(VIII) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IX) Information bearing on the specialized details of security arrangements or investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;
(X) Information derived from communications of the employer related to threatened or pending legal or administrative action;
(XI) Discussions that occur in an executive session authorized by section 24-6-402;
(XII) Trade secrets or information derived from trade secrets or proprietary information of the employer;
(XIII) Information and records not subject to disclosure under the Colorado Open Records Act, part 2 of article 72 of this title 24; or
(XIV) Trade secrets owned by the employer.
(2) (a) Neither the state nor any of its departments, institutions, or agencies shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.
(b) Any employer who enforces or attempts to enforce a provision deemed by a court to be against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.
(c) An action to enforce a provision of this section must be brought in the district court for the district in which the employee is primarily employed.
(3) A settlement agreement between an employer that is the state or a department, institution, or agency of the state and an employee of the state or the department, institution, or agency of the state must be signed by both the employer and the employee.
(4) A nondisclosure agreement must state that state employees are protected from retaliation for disclosure of information about state agencies that are working outside the public interest in accordance with the provisions of this article 50.5.
(5) A nondisclosure agreement may not prohibit the release of information required to be released under the Colorado Open Records Act, part 2 of article 72 of this title 24.
(6) Nothing in this section prevents an employer from requiring an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.
(7) As used in this section:
(a) Condition of employment means an employment-related policy, practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer.
(b) Employee means an applicant for employment with or a current or past employee of the state or a department, institution, or agency of the state.
(c) The state includes without limitation each of the state officers listed in section 1 of article IV of the state constitution as well as the executive, legislative, and judicial departments of the government of the state.
Source: L. 2023: Entire section added, (SB 23-053), ch. 230, p. 1932, � 3, effective August 7.
Cross references: For the legislative declaration in SB 23-053, see section 1 of chapter 230, Session Laws of Colorado 2023.
24-50.5-106. Notice to state auditor. Whenever the state personnel board finds that a violation of section 24-50.5-103 involving the disclosure of information concerning waste of public funds or mismanagement of a state agency has occurred, it shall transmit a copy of the investigation report to the state auditor, who shall proceed in accordance with section 2-3-101 (3)(e), C.R.S.
Source: L. 79: Entire article added, p. 967, � 1, effective June 15.
24-50.5-107. Reports to the governor. The state personnel board shall report annually to the governor concerning the complaints filed, hearings held, and actions taken pursuant to this article.
Source: L. 79: Entire article added, p. 967, � 1, effective June 15. L. 2000: Entire section amended, p. 1552, � 27, effective August 2.
24-50.5-108. Working group - broadening protections for state employee whistleblowers - confidential information subject of whistleblowing - preserving confidentiality of confidential information - repeal. (Repealed)
Source: L. 2016: Entire section added, (SB 16-056), ch. 294, p. 1198, � 4, effective June 10.
Editor's note: Subsection (4) provided for the repeal of this section, effective July 1, 2018. (See L. 2016, p. 1198.)
PUBLIC EMPLOYEES' RETIREMENT SYSTEMS
ARTICLE 51
Public Employees' Retirement Association
Editor's note: This article was numbered as articles 1 to 11 of chapter 111,
C.R.S. 1963. The substantive provisions of this article were repealed and reenacted in 1987, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
PART 1
DEFINITIONS
C.R.S. § 24-50-501
24-50-501. Legislative declaration. Recognizing that the adoption of section 20 of article X of the state constitution at the 1992 general election has imposed strict new constraints on state government, it is hereby declared to be the policy of this state to encourage the use of private contractors for personal services to achieve increased efficiency in the delivery of government services, without undermining the principles of the state personnel system requiring competence in state government and the avoidance of political patronage. The general assembly recognizes that such contracting may result in variances from legislatively mandated pay scales and other employment practices that apply to the state personnel system. In order to ensure that such privatization of government services does not subvert the policies underlying the civil service system, the purpose of this part 5 is to balance the benefits of privatization of personal services against its impact upon the state personnel system as a whole. The general assembly finds and declares that, in the use of private contractors for personal services, the dangers of arbitrary and capricious political action or patronage and the promotion of competence in the provision of government services are adequately safeguarded by existing laws on public procurement, public contracts, financial administration, employment practices, ethics in government, licensure, certification, open meetings, open records, and the provisions of this part 5. Recognizing that the ultimate beneficiaries of all government services are the citizens of the state of Colorado, it is the intent of the general assembly that privatization of government services not result in diminished quality in order to save money.
Source: L. 93: Entire part added, p. 280, � 1, effective April 7.
C.R.S. § 24-50-503
24-50-503. Personal services contracts implicating state personnel system - no separation of existing classified employees. (1) Contracts for personal services that create an independent contractor relationship and that are not authorized under the provisions of section 24-50-504 are nevertheless permissible under this section to achieve increased efficiency in the delivery of government services when the state personnel director determines that all of the following conditions are met:
(a) The contracting agency clearly demonstrates that the proposed contract
will result in overall cost savings to the state and that the estimated savings will not be eliminated by contractor rate increases during the term of the contract, subject to the following:
(I) In comparing costs, there shall be included the state's cost of providing
the same service as proposed by a contractor. The state's costs shall include the salaries and benefits of staff that would be needed and the cost of space, equipment, and material needed to perform the function.
(II) In comparing costs, there shall not be included the state's indirect
overhead costs unless the costs can be attributed solely to the function in question and would not exist if that function were not performed in state service. For such purpose, Indirect overhead costs means the pro rata share of existing administrative salaries and benefits, rent, equipment costs, utilities, and materials.
(III) In comparing costs, there shall be included in the cost of a contractor
providing a service any continuing state costs that would be directly associated with the contracted function. These continuing state costs shall include, but need not be limited to, those for inspection, supervision, and monitoring.
(IV) In comparing costs, there shall not be included any savings to the state
attributable to lower health insurance benefits provided by the contractor.
(b) The contracting agency clearly demonstrates that the proposed contract
will provide at least the same quality of services as that offered by the contracting agency.
(c) The contract includes specific provisions pertaining to the qualifications
of the staff that will perform the work under the contract.
(d) The contract contains nondiscrimination provisions required by law to be
included in state contracts.
(e) The contract contains provisions for termination by the state for breach
of the contract by the contractor.
(f) The potential economic advantage of contracting is not outweighed by
the public's interest in having a particular function performed directly by state government. In assessing the public's interest, the state personnel director shall take into account:
(I) The consequences and potential mitigation of improper or failed
performance by the contractor;
(II) Whether performance of the contract involves the improper delegation of
a policy-making function;
(III) The extent to which the contracting preserves the principles of
competence in government and the avoidance of political patronage. For such purpose, there shall be considered the applicability of other laws, including those as enumerated in section 24-50-506, that aid in safeguarding the fundamental principles underlying the state personnel system.
(2) The state personnel director shall not approve a personal services
contract under this section if the contract would result directly or indirectly in the separation of certified employees from state service. However, nothing contained in this section shall be construed to prevent the separation of certified employees from state service pursuant to any other provision of law, including but not limited to the provisions of section 24-50-124, for reasons other than privatization.
(3) Repealed.
Source: L. 93: Entire part added, p. 281, � 1, effective April 7. L. 95: (1)(f)(III)
amended, p. 145, � 1, effective April 7. L. 2011: (3) added, (HB 11-1201), ch. 139, p. 484, � 3, effective May 4.
Editor's note: Subsection (3)(b) provided for the repeal of subsection (3),
effective July 1, 2014. (See L. 2011, p. 484.)
C.R.S. § 24-50-504
24-50-504. Personal services contracts not implicating state personnel system. (1) Personal services contracts for employees or independent contractors are permissible when the functions contracted are otherwise performed by persons exempt from civil service by section 13 of article XII of the state constitution or by statutes enacted pursuant thereto.
(2) Personal services contracts that create an independent contractor
relationship are permissible when the state personnel director determines that any of the following conditions are met:
(a) The contract is for an existing state program that has never been
performed by employees in the state personnel system, or the contract is for an existing state program that involves duties similar to duties currently or previously performed by classified employees but the contracted program is different in scope or policy objectives from the programs carried out by such classified employees. For the purposes of this paragraph (a), an existing state program is a state program that was in effect and performed by contract prior to April 7, 1993.
(b) The contract is for a new state program, and the general assembly has
statutorily authorized the performance of the program by independent contractors. A program is not a new state program within the meaning of this paragraph (b) solely because it is performed at a new facility or location.
(c) The services contracted are not available within the state personnel
system, cannot be performed satisfactorily by employees of the state personnel system, or are of such a highly specialized or technical nature that the necessary expert knowledge, experience, and ability are not available through the state personnel system.
(d) The services are incidental to a contract for the purchase or lease of real
or personal property. Contracts under this criterion, known as service agreements, include, but are not limited to, agreements to service or maintain equipment, computers, or other products that are entered into in connection with their original lease or purchase.
(e) The legislative, administrative, or legal goals and purposes cannot be
accomplished through the utilization of persons selected pursuant to the state personnel system. Contracts are permissible under this criterion to protect against a conflict of interest or to ensure independent and unbiased findings in cases where there is a clear need for a different, outside perspective. These contracts include, but are not limited to, obtaining expert witnesses in litigation.
(f) The contractor will provide equipment, materials, facilities, or support
services that could not feasibly be provided by the state in the location where the services are to be performed.
(g) The contractor will conduct training courses for which appropriately
qualified state personnel system instructors are not available.
(h) The services are of an urgent, temporary, or occasional nature.
(3) Contracts for purchased services, as determined by the state personnel
director, that create an independent contractor relationship are permissible.
Source: L. 93: Entire part added, p. 283, � 1, effective April 7.
C.R.S. § 24-50-505
24-50-505. Liability and immunity. (1) The contractor shall assume all liability arising from its own acts or omissions under all contracts entered into pursuant to this part 5.
(2) The sovereign immunity and governmental immunity of the contracting
agency shall not extend to the contractor, except as otherwise provided by law. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity or governmental immunity in any action arising out of the performance of the contract.
Source: L. 93: Entire part added, p. 284, � 1, effective April 7.
C.R.S. § 24-50-507
24-50-507. Conflict of interest. (1) In addition to any other applicable laws, the provisions of this section shall apply to contracts entered into pursuant to this part 5.
(2) (a) The following individuals shall not solicit or accept, directly or
indirectly, any personal benefit or promise of a benefit from an entity or a person negotiating, doing business with, or planning, within the individual's knowledge, to negotiate or do business with the contracting agency:
(I) A member of, or any other person or entity under contract with, any
governmental body that exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, including but not limited to any employee of the contracting agency or any person serving as the monitor of a personal services contract; or
(II) A member of the immediate family of any individual described in
subparagraph (I) of this paragraph (a).
(b) No individual described in paragraph (a) of this subsection (2) shall use
his or her position, influence, or information concerning such negotiations, business, or plans to benefit himself or herself or another.
(3) A contractor shall agree that, at the time of contracting, the contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the contractor's services. The contractor shall further covenant that, in the performance of the contract, the contractor shall not employ any person having any such known interests.
Source: L. 93: Entire part added, p. 284, � 1, effective April 7.
C.R.S. § 24-50-511
24-50-511. State personnel director procedures. The state personnel director shall promulgate procedures to implement the policies of this part 5. Such procedures shall include, but not be limited to, provisions for consideration of contractors that utilize a preference for hiring veterans of military service and an annual certification process for ongoing personal services contracts. In promulgating procedures governing the analysis of cost savings pursuant to section 24-50-503 (1), the state personnel director shall consider the recommendations of the office of state planning and budgeting.
Source: L. 93: Entire part added, p. 286, � 1, effective April 7.
C.R.S. § 24-51-1101
24-51-1101. Employment after service retirement - report - definitions - repeal. (1) Except as otherwise provided in subsections (1.3), (1.8), (1.9), and (5) of this section or part 17 of this article 51, a service retiree from any division may be employed by an employer, whether or not in a position subject to membership, and receive a salary without reduction in benefits if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement, and if:
(a) Employment of more than four hours per day does not exceed one
hundred ten days in the calendar year;
(b) Employment of four hours or less per day does not exceed seven hundred
twenty hours in the calendar year;
(c) Employment consisting of a combination of daily and hourly employment
does not exceed one hundred ten days per calendar year;
(d) The service retiree is a member of the general assembly; or
(e) The service retiree is working in a position that has been temporarily
vacated by an employee who has been called into active duty in the armed forces of the United States.
(1.3) to (1.7) Repealed.
(1.8) (a) A service retiree who is hired by a state college or university or by an
employer in the school or Denver public schools division of the association pursuant to subsection (1.8)(b) or (1.8)(b.5) of this section and who is not subject to subsection (1.3), (1.9), or (5) of this section may receive salary without reduction in benefits if employment of more than four hours per day does not exceed one hundred forty days in the calendar year, if employment of four hours or less per day does not exceed nine hundred sixteen hours in the calendar year, or if employment consisting of a combination of daily and hourly employment does not exceed one hundred forty days per calendar year, and if the service retiree has not worked for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement. A service retiree described in this subsection (1.8)(a) who works for any employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).
(b) Except as otherwise provided in subsection (1.8)(b.5) of this section, a
state college or university or an employer in the school or Denver public schools division may hire up to ten service retirees who are not subject to subsection (1.3), (1.9), or (5) of this section in areas where the employer determines that there is a need and that the service retiree has unique experience, skill, or qualifications that would benefit the employer. The employer shall notify the association upon hiring a service retiree pursuant to this subsection (1.8). A state college or university shall provide a list to the association of any and all service retirees that it employs pursuant to this subsection (1.8)(b) no later than September 1 of the applicable calendar year and shall update the list prior to any additional hirings during the same calendar year. An employer in the school or Denver public schools division shall provide a list to the association of any and all service retirees that it employs pursuant to this subsection (1.8)(b) and pursuant to subsection (1.8)(b.5) of this section no later than September 1 of the applicable calendar year and shall update the list prior to any additional hirings during the same calendar year.
(b.5) (I) In addition to the ten service retirees, an employer in the school or
Denver public schools division may hire pursuant to subsection (1.8)(b) of this section, an employer in the school or Denver public schools division that has a student enrollment greater than ten thousand as of the pupil enrollment count day, as defined in section 22-54-103 (10.5), of the previous year may hire one additional service retiree for each one thousand enrolled students above ten thousand.
(II) The period during which a service retiree hired by an employer in the
school or Denver public schools division may receive salary without reduction in benefits pursuant to subsection (1.8)(b) of this section and this subsection (1.8)(b.5) may not exceed six consecutive years from the date the service retiree began work pursuant to subsection (1.8)(b) of this section or this subsection (1.8)(b.5).
(c) A state college or university or an employer in the school or Denver public
schools division shall provide full payment of all employer contributions and all disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (1.8)(a) of this section.
(d) A service retiree who is employed pursuant to this subsection (1.8) shall
not be required to resume membership. Upon termination of such retiree's employment, there shall be no benefit calculation reflecting additional service credit or any increase in the highest average salary of such person.
(e) (I) For purposes of this subsection (1.8), state college or university
means a postsecondary educational institution established and existing pursuant to section 5 of article VIII of the state constitution and title 23, C.R.S., and, for a postsecondary educational institution with more than one principal campus as specified in subparagraph (II) of this paragraph (e), the system administration of the postsecondary educational institution and each principal campus of the postsecondary educational institution.
(II) As used in this paragraph (e), principal campus means:
(A) Each campus of the university of Colorado as described in section 23-20-101, C.R.S.;
(B) Each institution of the Colorado state university system established in
sections 23-31-101 and 23-31.5-101, C.R.S., but not including the online university established in section 23-31.3-101, C.R.S.; and
(C) Each college included in the state system of community and technical
colleges as listed in section 23-60-205, C.R.S.
(1.9) (a) (I) Subject to subsection (1.9)(h) of this section, a service retiree who
is a superintendent, a principal, a teacher, a school bus driver, a school food services cook, a school nurse, or a paraprofessional, as defined in section 22-60.3-201, and is hired pursuant to subsection (1.9)(b) of this section by an employer in the school division of the association that satisfies the criteria specified in subsection (1.9)(a)(II) of this section may receive salary without reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for an employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement. A service retiree described in this subsection (1.9)(a) who works for an employer, as defined in section 24-51-101 (20), during the month of the effective date of retirement is subject to a reduction in benefits as provided in section 24-51-1102 (2).
(II) The provisions of this subsection (1.9) apply only if:
(A) The employer in the school division of the association that hires the
service retiree is a small rural school district, as defined in section 22-54-104.7 (9)(c), or a rural school district as determined by the department of education based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, a board of cooperative services, as defined in section 22-5-103 (2), or a charter school, as defined in section 22-5-119 (3)(d), that is located within a small rural school district, as defined in section 22-54-104.7 (9)(c), or that is located within a rural school district that enrolls six thousand five hundred students or fewer in kindergarten through twelfth grade;
(B) The school district, board of cooperative services, or charter school hires
the service retiree for the purpose of providing classroom instruction or school bus transportation to students enrolled by the district, enrolled by one or more of the districts served by the board of cooperative services, or enrolled by the charter school, or for the purpose of being a superintendent, a principal, a school food services cook, a school nurse, or a paraprofessional, as defined in section 22-60.3-201; and
(C) The school district, board of cooperative services, or charter school
determines that there is a critical shortage of qualified superintendents, principals, teachers, school bus drivers, school food services cooks, school nurses, or paraprofessionals, as defined in section 22-60.3-201, as applicable, and that the service retiree has specific experience, skills, or qualifications that would benefit the district, board of cooperative services, or charter school.
(b) An employer in the school division of the association that hires a service
retiree pursuant to this subsection (1.9) shall notify the association upon hiring a service retiree pursuant to this subsection (1.9). A list of any and all service retirees employed by the employer shall be provided to the association no later than September 1 of the applicable calendar year and shall be updated prior to any additional hirings during the same calendar year.
(c) An employer in the school division of the association that hires a service
retiree pursuant to this subsection (1.9) shall provide full payment of all employer contributions and disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (1.9)(a) of this section.
(d) Any service retiree who is employed pursuant to this subsection (1.9) shall
not be required to resume membership. Upon termination of such service retiree's employment, there shall be no benefit calculation reflecting additional service credit accumulated or any increase in the highest average salary of such person.
(e) A service retiree who is employed pursuant to this subsection (1.9) shall
not receive a health-care premium subsidy pursuant to section 24-51-1206 during such employment.
(f) Any service retiree who is employed pursuant to this subsection (1.9) shall
be eligible to participate in the health plan offered by the employer in the school division while employed by the employer.
(g) The period during which a service retiree may receive salary without
reduction in benefits and without limitation in a calendar year pursuant to this subsection (1.9) shall not exceed six consecutive years from the date the service retiree began work pursuant to this subsection (1.9).
(h) A teacher, school bus driver, school food services cook, school nurse,
superintendent, principal, or qualified paraprofessional who retires before he or she has met the age and service credit requirements for full service retirement benefits pursuant to section 24-51-602 shall not be employed after retirement pursuant to this subsection (1.9) by the employer in the school division that was the teacher's, school bus driver's, school food services cook's, school nurse's, superintendent's, principal's, or qualified paraprofessional's last employer until two years after the teacher's, school bus driver's, school food services cook's, school nurse's, superintendent's, principal's, or qualified paraprofessional's date of retirement.
(i) The association shall submit a report to the finance and education
committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of this subsection (1.9) in accordance with subsection (6) of this section.
(j) Repealed.
(2) Salary from the employment, engagement, retention, or other use of a
service retiree or DPS retiree in an individual capacity or of any entity owned or operated by a service retiree or affiliated party by an employer to perform any service as an employee, contract employee, consultant, independent contractor, or through any other arrangement, shall be subject to employer contributions but shall not be subject to member contributions. Effective January 1, 2011, such salary shall also be subject to working retiree contributions. Salary from employment by a retiree who is serving in a state elected official's position shall not be subject to employer contributions or working retiree contributions. Salary from employment of a retiree who is participating in an educational employees' optional retirement plan pursuant to article 54.5 of this title shall not be subject to working retiree contributions.
(2.5) Repealed.
(3) Any service retiree employed pursuant to this section shall not be eligible
for disability retirement and survivor benefits during the employment period in which member contributions are not being made pursuant to the provisions of this section.
(4) The provisions of this part 11 shall govern employment after service
retirement except to the extent that specific provisions regarding portability and the effect of portability are provided in part 17 of this article.
(5) (a) Subject to subsection (5)(j) of this section, a service retiree who is a
special service provider and is hired pursuant to this subsection (5) by a board of cooperative services that satisfies the criteria specified in subsection (5)(b) of this section may receive salary without reduction in benefits for any length of employment in a calendar year if the service retiree has not worked for any employer during the month of the effective date of retirement. A service retiree described in this subsection (5)(a) who works for any employer during the month of the effective date of retirement shall be subject to a reduction in benefits as provided in section 24-51-1102 (2).
(b) This subsection (5) applies only if:
(I) The board of cooperative services hires the service retiree to provide
services in two or more rural school districts as determined by the department of education based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area;
(II) The board of cooperative services hires the service retiree for the
purpose of providing special services to students enrolled by the districts served by the board of cooperative services; and
(III) The board of cooperative services determines that there is a critical
shortage of qualified special service providers and that the service retiree has specific experience, skills, or qualifications that would benefit the students in the school districts served by the board of cooperative services.
(c) A board of cooperative services that hires a service retiree pursuant to
this subsection (5) shall notify the association before hiring the service retiree. A list of all service retirees employed by the board of cooperative services shall be provided to the association no later than September 1 of the applicable calendar year and shall be updated prior to any additional hirings during the same calendar year.
(d) The total number of service retirees hired by all boards of cooperative
services pursuant to this subsection (5) during the time it is in effect shall not exceed forty. The association shall ensure that the boards of cooperative services do not hire more than forty service retirees pursuant to this subsection (5).
(e) A board of cooperative services that hires a service retiree pursuant to
this subsection (5) shall provide full payment of all employer contributions and disbursements in accordance with part 4 of this article 51, and all working retiree contributions in accordance with part 11 of this article 51, on the salary paid to the service retiree described in subsection (5)(a) of this section. In addition, a board of cooperative services that hires a service retiree pursuant to this subsection (5) shall make an additional monthly payment to the association in an amount equal to two percent of the salary paid to the service retiree.
(f) Any service retiree who is employed pursuant to this subsection (5) shall
not be required to resume membership. Upon termination of such service retiree's employment, there shall be no benefit calculation reflecting additional service credit accumulated or any increase in the highest average salary of such person.
(g) A service retiree who is employed pursuant to this subsection (5) shall
not receive a health care premium subsidy pursuant to section 24-51-1206 during such employment.
(h) Any service retiree who is employed pursuant to this subsection (5) shall
be eligible to participate in the health plan offered by the board of cooperative services or a school district served by the board of cooperative services while employed by the board of cooperative services.
(i) The period during which a service retiree may receive salary without
reduction in benefits and without limitation in a calendar year pursuant to this subsection (5) shall not exceed five consecutive years from the date the service retiree began work pursuant to this subsection (5).
(j) A special service provider who retires before he or she has met the age
and service credit requirements for full service retirement benefits pursuant to section 24-51-602 shall not be employed after retirement pursuant to this subsection (5) by the board of cooperative services that was the special service provider's last employer until two years after his or her date of retirement.
(k) On or before December 1, 2023, the association shall submit a report to
the finance committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of this subsection (5). The boards of cooperative services that employ special service providers pursuant to this subsection (5) shall provide information requested by the association for the purposes of the report. The report shall include:
(I) The number of special service providers who have been employed after
service retirement pursuant to this subsection (5) as of the date of the report;
(II) The extent to which this subsection (5) has helped boards of cooperative
services address shortages of school special service providers;
(III) The costs, if any, to the association as a result of this subsection (5); and
(IV) Any other information deemed relevant by the association.
(l) As used in this subsection (5):
(I) Board of cooperative services has the same meaning as set forth in
section 22-5-103 (2).
(II) Employer has the same meaning as set forth in section 24-51-101 (20).
(III) Special service provider means a person who is employed by a board of
cooperative services to provide special services to students in the school districts within the geographic region served by the board of cooperative services.
(m) This subsection (5) is repealed, effective July 1, 2030.
(6) (a) On or before December 1, 2025, and on or before December 1 of each
fifth year thereafter, the association shall submit a report to the finance and education committees of the house of representatives and the senate, or any successor committees, regarding the employment after service retirement provisions of subsections (1.8), (1.9), and (5) of this section. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required by this subsection (6) continues indefinitely.
(b) The employers in the school division of the association that employ a
service retiree pursuant to subsection (1.8), (1.9), or (5) of this section shall provide information requested by the association for the purposes of the report.
(c) The report must include:
(I) The number of service retirees who have been employed after service
retirement pursuant to subsections (1.8), (1.9), and (5) of this section as of the date of the report;
(II) The extent to which subsection (1.8), (1.9), or (5) of this section have
helped employers in the school division address shortages;
(III) The costs, if any, to the association as a result of subsection (1.8), (1.9), or
(5) of this section; and
(IV) Any other information deemed relevant by the association.
Source: L. 87: Entire article R&RE, p. 1073, � 1, effective July 1. L. 90: IP(1)
amended, p. 1249, � 9, effective April 5. L. 91: Entire section amended, p. 877, � 10, effective July 1. L. 92: (1)(a) and (1)(b) amended, p. 1109, � 6, effective May 14. L. 94: IP(1) amended, p. 2579, � 1, effective June 3. L. 97: IP(1) amended, p. 778, � 13, effective July 1. L. 2000: Entire section amended, p. 1595, � 2, effective July 1. L. 2001: (1.5)(a) amended, p. 54, � 1, effective July 1. L. 2002: IP(1) amended and (1.7) added, p. 190, � 2, effective April 3. L. 2003: (1.5)(b) and (2.5)(b) amended, p. 2179, � 2, effective June 3; IP(1) and (1.5)(a) amended, p. 2658, � 5, effective June 5; (1)(e) added, p. 2610, � 9, effective June 5. L. 2004: (2) and (3) amended, p. 1947, � 21, effective July 1, 2005. L. 2005: (2) amended, p. 901, � 2, effective June 2. L. 2006: (2) amended, p. 1188, � 22, effective May 25. L. 2009: IP(1) amended and (4) added, (SB 09-282), ch. 288, p. 1347, � 42, effective January 1, 2010. L. 2010: (1.8)(e) amended, (SB 10-003), ch. 391, p. 1856, � 36, effective June 9; IP(1) amended, (HB 10-1422), ch. 419, p. 2086, � 73, effective August 11; IP(1) and (2) amended and (1.8) added, (SB 10-001), ch. 2, p. 22, � 24, effective January 1, 2011. L. 2012: (1.8)(e)(II)(B) amended, (HB 12-1220), ch. 100, p. 337, � 14, effective August 8. L. 2017: IP(1), (1.8)(a), (1.8)(b), and (1.8)(c) amended and (1.9) added, (HB 17-1176), ch. 397, p. 2072, � 1, effective June 6. L. 2020: IP(1), (1.8)(a), and (1.8)(b) amended and (5) added, (HB 20-1127), ch. 283, p. 1381, � 2, effective September 14. L. 2022: IP(1) and (1.8)(b) amended and (1.3) added, (HB 22-1057), ch. 24, p. 156, � 2, effective March 17; (1.9)(a), IP(1.9)(i), (1.9)(i)(I), and (1.9)(i)(II) amended and (1.9)(j) repealed, (HB 22-1101), ch. 25, p. 158, � 1, effective March 17. L. 2024: (1.8)(a), (1.8)(b), and (1.9)(i) amended and (1.8)(b.5) and (6) added, (HB 24-1044), ch. 109, p. 338, � 1, effective July 1; (1.9)(a), (1.9)(b), (1.9)(h), (1.9)(i), (5)(c), and (5)(m) amended and (6) added, (SB 24-099), ch. 56, p. 193, � 1, effective August 7. L. 2025: (1.9)(a)(I), (1.9)(a)(II)(B), and (1.9)(a)(II)(C) amended, (HB 25-1307), ch. 443, p. 2554, � 4, effective August 6.
Editor's note: (1) This section is similar to former �� 24-51-134 and 24-51-223
as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.
(2)(a) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective
July 1, 2005. (See L. 2003, p. 2179.)
(b) Subsection (1.7)(g) provided for the repeal of subsection (1.7), effective
July 1, 2005. (See L. 2002, p. 190.)
(c) Subsection (2.5)(b) provided for the repeal of subsection (2.5), effective
July 1, 2005. (See L. 2003, p. 2179.)
(3) Amendments to the introductory portion to subsection (1) by Senate Bill
10-001 and House Bill 10-1422 were harmonized.
(4) Amendments to subsection (1.9)(i) by HB 24-1044 and SB 24-099 were
harmonized.
(5) Amendments to subsection (6) by HB 24-1044 were harmonized in part
with and superseded in part by SB 24-099.
(6) Subsection (1.3)(d) provided for the repeal of subsection (1.3), effective
July 1, 2025. (See L. 2022, p. 156.)
Cross references: (1) For the legislative declaration in the 2010 act
amending subsection (1.8)(e), see section 1 of chapter 391, Session Laws of Colorado 2010.
(2) For the legislative declaration in HB 20-1127, see section 1 of chapter
283, Session Laws of Colorado 2020.
(3) For the legislative declaration in HB 22-1057, see section 1 of chapter 24,
Session Laws of Colorado 2022.
C.R.S. § 24-51-1203
24-51-1203. Authority to contract and to self-insure. The board shall have the authority to contract, self-insure, and make disbursements necessary to carry out the purposes of the health care program. Said authority shall include, but is not limited to, contracting with insurance carriers, health maintenance organizations, preferred provider organizations, and any other company or association as deemed necessary and proper by the board.
Source: L. 87: Entire article R&RE, p. 1075, � 1, effective July 1.
Editor's note: This section is similar to former � 24-51-1403 as it existed prior
to 1987.
C.R.S. § 24-51-1702
24-51-1702. Definitions. As used in this part 17, unless the context otherwise requires:
(1) Accredited service shall have the same meaning as set forth in section
24-51-1704.
(2) Active service, as used in determining eligibility to receive benefits, as
contrasted with determination of the amount thereof, means all periods of service that qualify as accredited service. Additionally, for employees appointed or reappointed on or after December 1, 1945, a maximum of ten years of civilian service, of a similar kind, in a tax-supported institution other than the district, referred to in this subsection (2) as outside service, may count as active service; except that any service purchased together with any such outside service shall not exceed a maximum of ten years in calculating active service. No part of said outside service shall apply if earned while on leave from the district. Whenever the term active service is used with reference to civilian service of a similar kind of a regular or casual employee with any tax-supported institution other than the district, said active service shall be determined in a manner consistent with the definition of active service with the district. Periods of service in a charter school shall count as active service if such service is also counted as accredited service. Effective January 1, 1996, all service performed with the district or with a charter school and that meets the definition of accredited service shall be treated as if it were civilian service in a tax-supported institution other than the district, as provided in this subsection (2), if it is not counted as accredited service.
(3) Annual compensation means the established contractual salary rate for
a regular employee on an annual basis for regularly assigned services, before any deductions. Special stipends and extra pay for additional assignments not on the basis of the regular established contractual salary rate shall not be deemed a part of annual compensation. For compensation received on and after January 1, 2010, annual compensation shall be governed by section 24-51-101 (42) for purposes of determining benefits under this part 17.
(4) Annuity means that portion of the benefit attributable to funds
provided by normal or arrearage contributions or both made by a contributing or affiliate member.
(5) Attained age means the age attained upon a particular birthday.
(6) Basic retirement allowance means total retirement allowance
excluding the annual retirement allowance adjustment.
(7) Board of education means the board of education of Denver public
schools.
(8) Career average salary means the average of the applicable regular
annual salary rates for the entire time of accredited service for regular employees.
(9) Casual employee means any part-time or temporary employee of the
district or of a charter school who received or receives payment in the form of wages or salary from the district or charter school. Payment of fees for contracted services to an independent contractor shall not be considered salary or wages. Any employee who is a regular employee shall not at the same time be a casual employee.
(10) Charter schools means schools created pursuant to the Charter
Schools Act, part 1 of article 30.5 of title 22, C.R.S., that are a part of the Denver public schools and that are accountable to the board of education as complying with the purposes and requirements of said act.
(11) Consumer price index or CPI means the index, calculated by the
United States department of labor, in the national consumer price index for urban wage earners and clerical workers.
(12) Contributing service means that portion of service for which an
employee has paid the normal contribution, including any regular interest that would have been credited upon said contribution prior to the payment thereof by the member, together with an amount equal to the pension assessment, if applicable, that would have been payable during such service.
(13) Covered employment means the employment of any regular or casual
employee who is compensated by wages or salary paid by the district or by a charter school approved by the district. Noncovered employment means employment outside of the district or outside of a charter school approved by the district. Service in the armed forces of the United States is included in noncovered employment.
(14) District means school district no. 1 in the city and county of Denver and
state of Colorado and is used synonymously with the term Denver public schools. Unless explicitly stated otherwise in the text, the term district also includes those schools that are part of the Denver public schools and that are accountable to the board of education as charter schools and shall also include the Denver public schools retirement system. For clarity or emphasis, there are references in certain sections to both the district and a charter school. The lack of such a dual reference shall not, however, be interpreted to change the foregoing definition as to any other sections.
(15) Earned service means service equal to the greater of a member's
active or accredited service on January 1, 2004, calculated in accordance with the applicable provisions of this plan as it existed immediately prior to January 1, 2004. Following December 31, 2003, a member's earned service shall be used in lieu of active or accredited service in determining both the eligibility for and the amount of retirement benefits under the DPS plan. On and after January 1, 2010, earned service shall be governed by section 24-51-501.
(16) Employee contribution means any funds, other than the pension
assessment, payable and paid hereunder by a contributing or affiliate member. The following additional terms are applicable to the term employee contribution:
(a) Accumulated contributions means the balance in a member's account
of normal arrearage or additional contributions and regular interest credits thereon. The pension assessment is not a part of accumulated contributions.
(b) Arrearage contribution means any contribution in excess of the normal
contribution that is required of and paid by contributing or affiliate members.
(c) Normal contribution means the required payment by a contributing or
affiliate member of a portion of compensation into the system retirement trust fund.
(17) Highest average salary means the average monthly compensation of
the thirty-six months of accredited service having the highest rates, multiplied by twelve, or the career average salary, whichever is greater, and shall be applied to benefits, except for benefits under sections 24-51-1727 to 24-51-1731, attributable to retirement or death on or after July 1, 1994. For benefits under sections 24-51-1727 to 24-51-1731, highest average salary applies to cases where termination of service occurs on or after July 1, 1994. This subsection (17) shall apply only to DPS members eligible for a retirement benefit as of January 1, 2011. For DPS members not eligible for a retirement benefit as of January 1, 2011, the definition of highest average salary specified in section 24-51-101 (25)(b)(V) and (25)(b)(VI) shall apply.
(18) Job sharing means the occupation of a single staff position by two
employees who receive annual compensation on the active payroll of the district, with each assignment being half-time for the entire contractual work year. Job sharing shall also mean the occupation of a less-than-full-time but greater-than-half-time position by one employee who receives annual compensation on the active payroll of the district and who has no other assignment with the district. Job sharing shall not include the occupation of a position by a person who is a casual employee.
(19) Membership means the relationship a regular or casual employee has
in the DPS plan and shall consist of the following:
(a) Affiliate member means any casual employee who, pursuant to the
provisions of this plan, has applied for affiliate membership and whose application has been accepted. Affiliate member includes any casual employee of a charter school or of the retirement system who applies for affiliate membership and whose application is accepted.
(b) Annuitant means a person who is receiving a retirement allowance.
(c) Beneficiary means a person or supplemental needs trust who has
received, receives, or is designated to receive benefits accruing as a result of an employee's membership.
(d) Contributing member means a regular employee of the district on
December 1, 1945, and any employee hired as a regular employee on or after said date, except an employee who, pursuant to the plan adopted by the board of education on November 19, 1945, elected associate membership and has not subsequently become a contributing member as permitted under the plan. The term contributing member includes a regular employee of a charter school and a regular employee of the system.
(e) Deferred member means a former employee of the district who:
(I) Is not an annuitant who, on or before December 31, 2008, terminated
employment with the district and who has on file an election and declaration of intent to apply for a deferred retirement allowance; or
(II) On or after January 1, 2009, terminated employment with the district and
has not requested a refund of such member's accumulated contributions.
(f) Supplemental needs trust means a valid third-party special needs trust
established for a member's or retiree's child as the beneficiary of the trust that complies with the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, C.R.S., and the federal Social Security Act, as amended. The department of health care policy and financing shall review any trust established during determination or redetermination of an individual's eligibility for medical assistance and specifically as to the effect of any trust on such eligibility for medical assistance. The trust must be for the benefit of a single beneficiary and must be coterminous with the lifetime of such beneficiary.
(20) Money purchase monthly annuity means the monthly annuity that is
the actuarial equivalent of a lump sum amount.
(21) Monthly compensation means annual compensation divided by twelve.
(22) Monthly crediting method means the way in which earnings on
member accounts are calculated and credited at the end of a calendar month based upon the accumulated contributions in the member's account at the beginning of that month pursuant to provisions of the DPS plan.
(23) Nonqualified service means any noncovered employment that does
not include:
(a) Service as an employee of the United States government, any state or
political subdivision thereof, or any agency or instrumentality of any of the foregoing;
(b) Service as an employee of a public, private, or sectarian elementary or
secondary school;
(c) Service as an employee of an association of employees who are described
in paragraph (a) of this subsection (23); or
(d) Service in the armed forces of the United States.
(24) Normal retirement age means the attainment of age sixty-five.
(25) Outside service means civilian service of a similar kind, in a tax-supported institution other than the district. Substantiation of outside service must
be initiated as of July 1, 2009, or it cannot be applied to earned service for purposes of meeting regular retirement eligibility, pursuant to the provisions of this part 17 regarding earned service. Substantiation of such service must be completed on or prior to December 31, 2009.
(26) Pension means the portion of the benefit attributable to funds
provided by the district.
(27) Permanently incapacitated means an incapacitating condition that is
demonstrably permanent and prevents the employee from performing assigned duties subject to accommodation required in accordance with applicable law or reasonably imposed by the district. This subsection (27) applies only for purposes of determining eligibility for disability benefits for applications filed under the DPS plan prior to January 1, 2010.
(28) Permitted absence means any authorized and unpaid absence, other
than severance of employment; except that no absence in excess of thirty consecutive calendar days shall be deemed permitted unless the authorization therefor shall be in writing, signed by an appropriate administrative official or by authorization of the district. Regardless of any time factor, no absence continued after written notice to return shall be deemed a permitted absence.
(29) Primary percentage shall be the product obtained by multiplying the
unit benefit percentage factor by the total number of years and months of accredited service. Months shall be expressed as fraction with the number of months as the numerator and twelve as the denominator. The primary percentage shall be rounded to the nearest one-hundredth of a percent. Multiplying the primary percentage by the highest average salary as defined in subsection (17) of this section or career average salary, whichever is applicable, results in the annual retirement allowance expressed as a single life annuity and known as option A.
(30) Regular employee means any employee who receives annual
compensation on the active payroll of the district and whose employment by the district represents the employee's principal gainful occupation and requires so substantial a portion of time that it is impractical to follow any other substantially gainful occupation. Absence of a regular employee on a permitted absence shall not change the employee's status as a regular employee. Any employee who is a casual employee shall not at the same time be a regular employee.
(31) Regular interest means, on and after January 1, 2010, the rate set by
the association's board as provided in section 24-51-407 (4) and as may be periodically adjusted. On or before December 31, 2009, regular interest means the rates specified in the DPS plan document.
(32) Reserve means the present value of payments to be made on account
of any benefit provided in this plan and computed upon the basis of such mortality tables and interest assumptions as may, from time to time, be approved.
(33) Reserve for employees to be retired means the reserve that is part of
the system retirement trust fund and identifies the amount of moneys set aside to provide for the basic benefits that are anticipated to be payable to currently active members or to those members who have already elected deferred retirement benefits but who, because of age, are not yet actually receiving such benefits.
(34) Retirement allowance or total retirement allowance means the
initial benefit for a benefit that becomes effective on or after January 1, 2010. For a benefit that became effective before January 1, 2010, retirement allowance means the total benefit payable as of June 30, 2010, including the sum of the initial benefit, accumulated annual increases, and cost of living increases.
(35) Retirement plan means the retirement and benefit plan contained in
this part 17.
(36) Supplement or special supplement means postretirement increases
in total retirement allowance to certain qualified annuitants and beneficiaries.
(37) Tax-supported institution means a governmental entity or agency that
either has the power to levy taxes or that receives governmental appropriations as such an entity or agency.
(38) Total temporary disability means absence from work and temporary
inability to perform assigned duties as a result of personal injury incurred in the scope and course of employment as determined by the district.
(39) Unit benefit percentage factor means the percentage used as the
factor for one year of accredited service. The unit benefit percentage factor shall be one and two-thirds percent from July 1, 1962, to January 1, 1980. The unit benefit percentage factor shall be one and seventy-five one-hundredths percent effective January 1, 1980; one and ninety one-hundredths percent effective January 1, 1981; two percent effective January 1, 1982; two and seven one-hundredths percent effective January 1, 1988; two and twenty-five one-hundredths percent effective July 1, 1998; and two and one-half percent effective January 1, 2001. The unit benefit percentage applicable to a deferred retirement shall be that in effect on the actual date on which the employment of such member by the district finally terminated. In all other retirements, the unit benefit percentage factor shall be that in effect on the effective date of such retirement.
Source: L. 2009: Entire part added, (SB 09-282), ch. 288, p. 1353, � 56,
effective January 1, 2010. L. 2010: (34) amended, (SB 10-001), ch. 2, p. 25, � 26, effective February 23; (17) amended, (SB 10-001), ch. 2, p. 25, � 26, effective January 1, 2011. L. 2015: (19)(c) amended and (19)(f) added, (SB 15-097), ch. 111, p. 327, � 9, effective April 16. L. 2018: (17) amended, (SB 18-200), ch. 370, p. 2259, � 26, effective June 4.
Cross references: For the legislative declaration in SB 15-097, see section 1
of chapter 111, Session Laws of Colorado 2015. For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.
C.R.S. § 24-51-310
24-51-310. Persons not eligible for membership. (1) Persons not eligible for membership in the association include:
(a) (I) Students enrolled in an undergraduate or graduate program at and
employed by a state college or university or by a public employer affiliated with a college or university, including the Auraria higher education center, when such employment is predicated on student status, whether or not required by federal law to be covered by a public employee retirement system or social security;
(II) Students enrolled and regularly attending classes in a school district and
who have not graduated from high school whose employment by such district is predicated on student status;
(III) (A) Any other employees not described in subparagraph (I) or (II) of this
paragraph (a) who are not required by federal law to be covered by a public employee retirement system or social security; except that a member of the military employed pursuant to section 28-3-904, C.R.S., for more than thirty consecutive days may elect to become a member of the association if the election is made within sixty days after the member first becomes eligible.
(B) Notwithstanding the provision of sub-subparagraph (A) of this
subparagraph (III), retirees for whom coverage is not required by federal law shall resume membership if such retirees return to work in a position subject to membership, or in a position described in section 24-51-308, and if such retirees voluntarily suspend their benefits.
(b) Participants in a university of Colorado retirement plan to the extent
required pursuant to section 23-20-139, C.R.S.;
(c) (Deleted by amendment, L. 91, p. 875, � 8, effective July 1, 1991.)
(d) Certain Colorado state university faculty and other employees of the
extension service who are employed in a cooperative work program with the United States department of agriculture, whose participation in the federal civil service retirement system is a prerequisite to such employment;
(e) (Deleted by amendment, L. 91, p. 1978, � 8, effective July 1, 1991.)
(f) Policemen and firefighters covered by an existing retirement system
pursuant to the laws of this state;
(g) Repealed.
(h) Independent contractors and consultants to employers;
(i) Employees of a nonprofit public hospital, long-term care facility, health-care facility, or veterans community living center which was previously affiliated
with the association if such employees were hired subsequent to the sale, lease, or transfer of the hospital or veterans community living center;
(j) Employees of employers assigned to the local government division of the
association whose positions were covered only under social security for such employment as of November 5, 1990, and employees in similar positions created later by such employers;
(k) Participants in an optional retirement plan organized pursuant to article
54.5 of this title to the extent required by section 24-54.5-106; except that persons who do not participate in such optional retirement plan shall remain members of the association;
(l) Repealed.
(m) Directors of special districts serving pursuant to the Special District
Act, article 1 of title 32, who begin their service as directors on or after July 1, 2022.
Source: L. 87: Entire article R&RE, p. 1054, � 1, effective July 1. L. 91: Entire
section amended, p. 875, � 8, effective July 1; (1)(e) amended, p. 1978, � 4, effective July 1. L. 92: (1)(k) added, p. 571, � 1, effective July 1. L. 93: (1)(a) amended, p. 1868, � 1, effective June 6. L. 94: (1)(l) added, p. 1250, � 1, effective July 1. L. 97: (1)(l) repealed, p. 820, � 15, effective June 30; (1)(f) amended, p. 1020, � 35, effective August 6. L. 98: (1)(k) amended, p. 914, � 1, effective July 1. L. 2003: (1)(g) repealed, p. 1293, � 2, effective August 6. L. 2004: (1)(k) amended, p. 1201, � 64, effective August 4; (1)(j) amended, p. 1941, � 11, effective January 1, 2006. L. 2005: (1)(a)(III)(A) amended, p. 663, � 6, effective May 27. L. 2006: (1)(b) amended, p. 1176, � 5, effective January 1, 2008. L. 2007: (1)(b) amended, p. 2011, � 1, effective January 1, 2008. L. 2009: (1)(k) amended, (SB 09-066), ch. 73, p. 248, � 4, effective March 31; (1)(i) amended, (SB 09-056), ch. 177, p. 783, � 1, effective April 22; (1)(b) amended, (SB 09-157), ch. 146, p. 613, � 2, effective August 5. L. 2014: (1)(i) amended, (SB 14-096), ch. 59, p. 263, � 3, effective August 6. L. 2022: (1)(m) added, (HB 22-1087), ch. 42, p. 215, � 1, effective March 24.
Editor's note: (1) The provisions of this section are similar to provisions of
several former sections as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Subsection (1)(e) was amended in House Bill 91-1183. Those amendments
were superseded by the amendment of this section in House Bill 91-1026.
C.R.S. § 24-55-103
24-55-103. Cooperation between authorities. Any two or more housing authorities created under article 4 of title 29, C.R.S., for cities and counties may join or cooperate with one another in the exercise, either jointly or otherwise, of any or all of their powers for the purpose of financing, including the issuance of bonds, notes, or other obligations and giving security therefor, planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project located within the area of operation of any one or more of said housing authorities. For such purposes, a housing authority may by resolution prescribe and authorize any other housing authority so joining or cooperating with it to act on its behalf with respect to any or all powers, as its agent or otherwise, in the name of the housing authority so joining or cooperating or in its own name.
Source: L. 65: p. 727, � 1. C.R.S. 1963: � 69-1-3.
ARTICLE 56
Relocation Assistance and Land Acquisition Policies
C.R.S. § 24-6-302
24-6-302. Disclosure statements - required - definition.
(1) (Deleted by amendment, L. 96, p. 1081, � 2, effective August 7, 1996.)
(2) Any person who makes expenditures for gifts or entertainment purposes
for the benefit of covered officials in the aggregate amount of two hundred dollars in a state fiscal year shall file disclosure statements with the secretary of state in accordance with this section. Such disclosure statements shall not include actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking.
(2.5) (a) A professional lobbyist and any lobbying firm shall file a monthly
disclosure statement with the secretary of state no later than the fifteenth day after the end of the first calendar month, and each subsequent month, in which the lobbyist received any income or made any expenditures for lobbying. In the case of a single-member lobbying firm, if a disclosure statement includes the name of the professional lobbyist and the name of a lobbying firm that solely employs the lobbyist, a single disclosure statement may be filed with the secretary of state on behalf of both the professional lobbyist and the lobbying firm.
(b) No disclosure statement shall be required of a person who is described in
a disclosure statement of a professional lobbyist pursuant to paragraph (a) of this subsection (2.5).
(c) Nothing in this subsection (2.5) shall be construed to require a
professional lobbyist or a firm organized for professional lobbying purposes that is engaged in lobbying for a trade association, public interest group, or governmental organization to include in the disclosure statement of such lobbyist or firm any dues, assessments, or fees collected by such association, group, or organization for lobbying purposes.
(3) (a) (Deleted by amendment, L. 2014.)
(b) In addition to the monthly disclosure statement, a professional lobbyist
shall file with the secretary of state an annual disclosure statement for the entire fiscal year no later than July 15 that covers the immediately preceding fiscal year. The annual disclosure statement must contain the name of and total gross income for lobbying received from each client or other professional lobbyist for whom the lobbyist lobbied during the previous fiscal year. If a professional lobbyist receives business from another professional lobbyist on a subcontract basis, the lobbyist receiving such business shall describe in an annual disclosure statement the total gross income received from the professional lobbyist under the subcontract who is contemporaneously reporting the subcontracting business on his or her annual disclosure statement.
(4) If a professional lobbyist determines at any time during a fiscal year that
he or she will not lobby or receive lobbying income for the remainder of the fiscal year, the lobbyist may file an annual disclosure statement at such time, and thereafter need not file subsequent monthly disclosure statements until he or she resumes lobbying.
(5) This section shall not apply to any political committee, volunteer lobbyist,
citizen who lobbies on his or her own behalf, state official or employee acting in his or her official capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity.
(6) (a) During the period that the general assembly is not in regular or special
session, a professional lobbyist shall notify the secretary of state in writing within five business days after an oral or written agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1). During the period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state after an agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1), either by means of the electronic filing system created in section 24-6-303 (6.3) or by facsimile transmission in accordance with the following:
(I) In the case of a written agreement to engage the lobbyist, disclosure shall
be made within twenty-four hours after the date of the agreement; and
(II) In the case of an oral agreement to engage the lobbyist, the disclosure
shall be made within twenty-four hours after the date of a subsequent written agreement between the parties, the commencing of lobbying activities, or the date the lobbyist receives any payment on the agreement, whichever occurs first.
(b) A professional lobbyist who provides the notification under paragraph (a)
of this subsection (6) shall file, concurrently with the next disclosure statement due after such notification, a signed written statement that contains:
(I) The name and address of the person described in such notification; and
(II) A summary of the terms related to lobbying under the agreement
between such person and the professional lobbyist. A professional lobbyist shall also update his or her registration within twenty-four hours if he or she agrees to lobby for a client or other lobbyist on a subcontract basis who is not disclosed in the lobbyist's original registration statement.
(6.5) (a) In addition to any other disclosure required by this part 3, during the
period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state by means of the electronic filing system created in section 24-6-303 (6.3) within seventy-two hours after:
(I) The lobbyist agrees to undertake lobbying in connection with new
legislation, standards, rules, or rates for either a new or existing client of the lobbyist; or
(II) The lobbyist takes a new position on a new or existing bill for a new or
existing client of the lobbyist.
(b) During the period that the general assembly is in regular or special
session, where the lobbyist agrees to undertake lobbying in connection with new or existing legislation for either a new or existing client, the disclosure required by subsection (6.5)(a) of this section includes the bill number of the legislation at issue and whether the lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time the lobbyist agrees to undertake lobbying in connection with the legislation or takes a new position.
(7) In addition to the criminal penalty provided for in section 24-6-309 (1), the
secretary of state, after proper notification by certified mail, shall impose an additional penalty of twenty dollars per day for each business day that a disclosure statement required to be filed by this section is not filed by the close of the business day on the day due up to and including the first ten business days on which the disclosure statement has not been filed after the day due. For failure to file a disclosure statement required to be filed by this section by the close of the eleventh business day on which the disclosure statement has not been filed after the day due, in addition to the criminal penalty provided for in section 24-6-309 (1), the secretary of state shall impose an additional penalty of fifty dollars for each day thereafter that a disclosure statement required to be filed by this section is not filed by the close of the business day. The secretary of state may excuse the payment of any penalty imposed by this subsection (7), or reduce the amount of any penalty imposed, for bona fide personal emergencies. Revenues collected from penalties assessed by the secretary of state shall be deposited in the department of state cash fund created in section 24-21-104 (3).
(8) Notwithstanding any other provision of this part 3, an attorney who is
registered as a professional lobbyist is required to disclose information about the clients for whom he or she lobbies in accordance with this part 3 to the same extent as a professional lobbyist who is not an attorney. An attorney who is registered as a professional lobbyist may not decline to disclose his or her lobbying as such lobbying is required to be disclosed in accordance with this part 3 on the grounds that the lobbying is protected against disclosure as confidential matters between an attorney and a client.
(9) Notwithstanding any other provision of this part 3, in connection with any
requirement to disclose the identity of a client in this section or section 24-6-303, client means, in accordance with section 24-6-301 (1), the name of the person who employs or retains the professional services of a lobbyist, a lobbying firm, or any other person or entity to undertake lobbying on its behalf. In connection with any requirement in this section or section 24-6-303 to disclose the identity of a client, a professional lobbyist who is a natural person and who is employed or retained by a lobbying firm or any other firm or entity may disclose the name of the lobbying firm or other person or entity by means of which, or under the name of which, a professional lobbyist does business, but to satisfy such disclosure requirement the lobbyist shall also disclose the name of the client who employs or retains the professional services of the lobbyist, or a lobbying firm or any other person or entity that employs or retains the lobbyist, to undertake lobbying on its behalf.
Source: Initiated 72. L. 73: p. 1662, � 1. C.R.S. 1963: � 3-37-302. L. 77: Entire
section R&RE, p. 1150, � 2, effective June 19. L. 87: (5) amended, p. 923, � 2, effective July 3. L. 96: (1) and (3) amended and (2.5), (6), and (7) added, p. 1081, � 2, effective August 7. L. 2001: (2) amended, p. 1273, � 30, effective June 5; (3)(b), (6)(a), and (6)(b)(III) amended, p. 147, � 1, effective July 1. L. 2010: (2), (2.5), (3), (4), (5), IP(6)(a), IP(6)(b), (6)(b)(II), and (7) amended, (SB 10-087), ch. 407, p. 2011, � 2, effective June 10. L. 2012: (2) amended, (HB 12-1070), ch. 167, p. 584, � 3, effective August 8. L. 2014: (2.5)(a), (3), (4), and (6)(b) amended and (8) added, (SB 14-217), ch. 398, p. 2003, � 2, effective July 1, 2015. L. 2019: (6)(a) and (8) amended and (9) added, (HB 19-1248), ch. 232, p. 2320, � 3, effective May 20; (6.5) added, (HB 19-1248), ch. 232, p. 2320, � 3, effective January 1, 2020.
Cross references: For the short title (Lobbyist Transparency Act) in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.
C.R.S. § 24-60-1401
24-60-1401. Compact approved and ratified. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
Article I.
Policy and Purpose
The party states recognize that the proper employment of scientific and
technological discoveries and advances in nuclear and related fields, and direct and collateral application and adaptation of processes and techniques developed in connection therewith, properly correlated with the other resources of the region, can assist substantially in the industrial progress of the West and the further development of the economy of the region. They also recognize that optimum benefit from nuclear and related scientific or technological resources, facilities and skills requires systematic encouragement, guidance, assistance, and promotion from the party states on a cooperative basis. It is the policy of the party states to undertake such cooperation on a continuing basis. It is the purpose of this compact to provide the instruments and framework for such a cooperative effort in nuclear and related fields, to enhance the economy of the West and contribute to the individual and community well-being of the region's people.
Article II.
The Board
(a) There is hereby created an agency of the party states to be known as the
Western Interstate Nuclear Board, hereinafter called the Board. The Board shall be composed of one member from each party state designated or appointed in accordance with the law of the state which he represents, and serving and subject to removal in accordance with such law. Any member of the Board may provide for the discharge of his duties and the performance of his functions thereon, either for the duration of his membership or for any lesser period of time, by a deputy or assistant, if the laws of his state make specific provisions therefor. The federal government may be represented without vote if provision is made by federal law for such representation.
(b) The Board members of the party states shall each be entitled to one vote
on the Board. No action of the Board shall be binding unless taken at a meeting at which a majority of all members representing the party states are present, and unless a majority of the total number of votes on the Board are cast in favor thereof.
(c) The Board shall have a seal.
(d) The Board shall elect annually, from among its members, a chairman, a
vice chairman, and a treasurer. The Board shall appoint and fix the compensation of an Executive Director who shall serve at its pleasure and who shall also act as Secretary, and who, together with the Treasurer, and such other personnel as the Board may direct, shall be bonded in such amounts as the Board may require.
(e) The Executive Director, with the approval of the Board, shall appoint and
remove or discharge such personnel as may be necessary for the performance of the Board's functions, irrespective of the civil service, personnel, or other merit system laws of any of the party states.
(f) The Board may establish and maintain, independently or in conjunction
with any one or more of the party states, or its institutions or subdivisions, a suitable retirement system for its full-time employees. Employees of the Board shall be eligible for social security coverage in respect of old age and survivors insurance, provided that the Board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The Board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
(g) The Board may borrow, accept, or contract for the services of personnel
from any state or the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.
(h) The Board may accept for any of its purposes and functions under this
compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. The nature, amount and conditions, if any, attendant upon any donation or grant accepted pursuant to this paragraph or upon any borrowing pursuant to paragraph (g) of this Article, together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the Board.
(i) The Board may establish and maintain such facilities as may be necessary
for the transacting of its business. The Board may acquire, hold, and convey real and personal property and any interest therein.
(j) The Board shall adopt bylaws, rules, and regulations for the conduct of its
business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The Board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
(k) The Board annually shall make to the governor of each party state, a
report covering the activities of the Board for the preceding year, and embodying such recommendations as may have been adopted by the Board, which report shall be transmitted to the legislature of said state. The Board may issue such additional reports as it may deem desirable.
Article III.
Finances
(a) The Board shall submit to the governor or designated officer or officers
of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.
(b) Each of the Board's budgets of estimated expenditures shall contain
specific recommendations of the amount or amounts to be appropriated by each of the party states. Each of the Board's requests for appropriations pursuant to a budget of estimated expenditures shall be apportioned equally among the party states. Subject to appropriation by their respective legislatures, the Board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the Board.
(c) The Board may meet any of its obligations in whole or in part with funds
available to it under Article II (h) of this compact, provided that the Board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the Board makes use of funds available to it under Article II (h) hereof, the Board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.
(d) Any expenses and any other costs for each member of the Board in
attending Board meetings shall be met by the Board.
(e) The Board shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Board shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become a part of the annual report of the Board.
(f) The Accounts of the Board shall be open at any reasonable time for
inspection to persons authorized by the Board, and duly designated representatives of governments contributing to the Board's support.
Article IV.
Advisory Committees
The Board may establish such advisory and technical committees as it may
deem necessary, membership on which may include but not be limited to private citizens, expert and lay personnel, representatives of industry, labor, commerce, agriculture, civic associations, medicine, education, voluntary health agencies, and officials of local, State and Federal Government, and may cooperate with and use the services of any such committees and the organizations which they represent in furthering any of its activities under this compact.
Article V.
Powers
The Board shall have power to:
(a) Encourage and promote cooperation among the party states in the
development and utilization of nuclear and related technologies and their application to industry and other fields.
(b) Ascertain and analyze on a continuing basis the position of the West with
respect to the employment in industry of nuclear and related scientific findings and technologies.
(c) Encourage the development and use of scientific advances and
discoveries in nuclear facilities, energy, materials, products, by-products, and all other appropriate adaptations of scientific and technological advances and discoveries.
(d) Collect, correlate, and disseminate information relating to the peaceful
uses of nuclear energy, materials, and products, and other products and processes resulting from the application of related science and technology.
(e) Encourage the development and use of nuclear energy, facilities,
installations, and products as part of a balanced economy.
(f) Conduct, or cooperate in conducting, programs of training for state and
local personnel engaged in any aspects of:
1. Nuclear industry, medicine, or education, or the promotion or regulation
thereof.
2. Applying nuclear scientific advances or discoveries, and any industrial,
commercial or other processes resulting therefrom.
3. The formulation or administration of measures designed to promote safety
in any matter related to the development, use or disposal of nuclear energy, materials, products, by-products, installations, or wastes, or to safety in the production, use and disposal of any other substances peculiarly related thereto.
(g) Organize and conduct, or assist and cooperate in organizing and
conducting, demonstrations or research in any of the scientific, technological, or industrial fields to which this compact relates.
(h) Undertake such nonregulatory functions with respect to nonnuclear
sources of radiation as may promote the economic development and general welfare of the West.
(i) Study industrial, health, safety, and other standards, laws, codes, rules,
regulations, and administrative practices in or related to nuclear fields.
(j) Recommend such changes in, or amendments or additions to the laws,
codes, rules, regulations, administrative procedures and practices or local laws or ordinances of the party states or their subdivisions, in nuclear and related fields, as in its judgment may be appropriate. Any such recommendations shall be made through the appropriate state agency, with due consideration of the desirability of uniformity, but shall also give appropriate weight to any special circumstances which may justify variations to meet local conditions.
(k) Consider and make recommendations designed to facilitate the
transportation of nuclear equipment, materials, products, by-products, wastes, and any other nuclear or related substances, in such manner and under such conditions as will make their availability or disposal practicable on an economic and efficient basis.
(l) Consider and make recommendations with respect to the assumption of
and protection against liability actually or potentially incurred in any phase of operations in nuclear and related fields.
(m) Advise and consult with the federal government concerning the common
position of the party states or assist party states with regard to individual problems where appropriate in respect to nuclear and related fields.
(n) Cooperate with the Atomic Energy Commission, the National Aeronautics
and Space Administration, the Office of Science and Technology, or any agencies successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.
(o) Act as licensee, contractor, or subcontractor of the United States
Government or any party state with respect to the conduct of any research activity requiring such license or contract, and operate such research facility or undertake any program pursuant thereto, provided that this power shall be exercised only in connection with the implementation of one or more other powers conferred upon the Board by this compact.
(p) Prepare, publish, and distribute, with or without charge, such reports,
bulletins, newsletters, or other materials as it deems appropriate.
(q) Ascertain from time to time such methods, practices, circumstances, and
conditions as may bring about the prevention and control of nuclear incidents in the area comprising the party states, to coordinate the nuclear incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states, and to facilitate the rendering of aid by the party states to each other in coping with nuclear incidents.
The Board may formulate and, in accordance with need from time to time,
revise a regional plan or regional plans for coping with nuclear incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.
Any nuclear incident plan in force pursuant to this paragraph shall designate
the official or agency in each party state covered by the plan who shall coordinate requests for aid pursuant to Article VI of this compact and the furnishing of aid in response thereto.
Unless the party states concerned expressly otherwise agree, the Board
shall not administer the summoning and dispatching of aid, but this function shall be undertaken directly by the designated agencies and officers of the party states.
However, the plan or plans of the Board in force pursuant to this paragraph
shall provide for reports to the Board concerning the occurrence of nuclear incidents and the requests for aid on account thereof, together with summaries of the actual working and effectiveness of mutual aid in particular instances.
From time to time, the Board shall analyze the information gathered from
reports of aid pursuant to Article VI and such other instances of mutual aid as may have come to its attention, so that experience in the rendering of such aid may be available.
(r) Prepare, maintain, and implement a regional plan or regional plans for
carrying out the duties, powers, or functions conferred upon the Board by this compact.
(s) Undertake responsibilities imposed or necessarily involved with regional
participation pursuant to such cooperative programs of the federal government as are useful in connection with the fields covered by this compact.
Article VI.
Mutual Aid
(a) Whenever a party state, or any state or local governmental authorities
therein, request aid from any other party state pursuant to this compact in coping with a nuclear incident, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people.
(b) Whenever the officers or employees of any party state are rendering
outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges, and immunities as comparable officers and employees of the state to which they are rendering aid.
(c) No party state or its officers or employees rendering outside aid pursuant
to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.
(d) All liability that may arise either under the laws of the requesting state or
under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(e) Any party state rendering outside aid pursuant to this compact shall be
reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of officers, employees, and equipment incurred in connection with such requests; provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charge or cost.
(f) Each party state shall provide for the payment of compensation and death
benefits to injured officers and employees and the representatives of deceased officers and employees, in case officers or employees sustain injuries or death while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state by or in which the officer or employee was regularly employed.
Article VII.
Supplementary Agreements
(a) To the extent that the Board has not undertaken an activity or project
which would be within its power under the provisions of Article V of this compact, any two or more of the party states, acting by their duly constituted administrative officials, may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify the purpose or purposes, its duration, the procedure for termination thereof or withdrawal therefrom, the method of financing and allocating the costs of the activity or project, and such other matters as may be necessary or appropriate.
No such supplementary agreement entered into pursuant to this article shall
become effective prior to its submission to and approval by the Board. The Board shall give such approval unless it finds that the supplementary agreement or activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the Board.
(b) Unless all of the party states participate in a supplementary agreement,
any cost or costs thereof shall be borne separately by the states party thereto, but the Board may administer or otherwise assist in the operation of any supplementary agreement.
(c) No party to a supplementary agreement entered into pursuant to this
article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.
(d) The provisions of this Article shall apply to supplementary agreements
and activities thereunder, but shall not be construed to repeal or impair any authority which officers or agencies of party states may have pursuant to other laws to undertake cooperative arrangements or projects.
Article VIII.
Other Laws and Relations
Nothing in this compact shall be construed to:
(a) Permit or require any person or other entity to avoid or refuse compliance
with any law, rule, regulation, order, or ordinance of a party state or subdivision thereof now or hereafter made, enacted, or in force.
(b) Limit, diminish, or otherwise impair jurisdiction exercised by the Atomic
Energy Commission, any agency successor thereto, or any other federal department, agency or officer pursuant to, and in conformity with, any valid and operative act of Congress; nor limit, diminish, affect, or otherwise impair jurisdiction exercised by any officer or agency of a party state, except to the extent that the provisions of this compact may provide therefor.
(c) Alter the relations between, and respective internal responsibilities of,
the government of a party state and its subdivisions.
(d) Permit or authorize the Board to own or operate any facility, reactor, or
installation for industrial or commercial purposes.
Article IX.
Eligible Parties, Entry into Force and Withdrawal
(a) Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii,
Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible to become party to this compact.
(b) As to any eligible party state, this compact shall become effective when
its legislature shall have enacted the same into law; provided, that it shall not become initially effective until enacted into law by five states.
(c) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until two years after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may participate in the
compact to such extent as may be mutually agreed by the Board and the duly constituted authorities of Guam or American Samoa, as the case may be. However, such participation shall not include the furnishing or receipt of mutual aid pursuant to Article VI, unless that Article has been enacted or otherwise adopted so as to have the full force and effect of law in the jurisdiction affected. Neither Guam nor American Samoa shall be entitled to voting participation on the Board, unless it has become a full party to the compact.
Article X.
Severability and Construction
The provisions of this compact and of any supplementary agreement entered
into hereunder shall be severable and if any phrase, clause, sentence or provision of this compact or such supplementary agreement is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact or such supplementary agreement and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact or any supplementary agreement entered into hereunder shall be held contrary to the constitution of any state participating therein, the compact or such supplementary agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. The provisions of this compact and of any supplementary agreement entered into pursuant thereto shall be liberally construed to effectuate the purposes thereof.
Source: L. 68: p. 64, � 1. C.R.S. 1963: � 74-15-1.
C.R.S. § 24-60-1802
24-60-1802. Execution of compact. [Editor's note: This version of part 18 takes effect on the date the compact is enacted into law in the thirty-fifth compact state, see � 24-60-1804.] The governor is authorized to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
ARTICLE I.
PURPOSE
The purpose of this interstate compact for the placement of children is to:
A. Provide a process through which children subject to this compact are
placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery of services,
and communication between the states.
C. Provide operating procedures that will ensure that children are placed in
safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered activities of the member states.
E. Provide for the uniform data collection and information sharing between
member states under this compact.
F. Promote coordination between this compact, the Interstate Compact for
Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and which provide services to children otherwise subject to this compact.
G. Provide for a state's continuing legal jurisdiction and responsibility for
placement and care of a child that it would have had if the placement were intrastate.
H. Provide for the promulgation of guidelines, in collaboration with Indian
tribes, for interstate cases involving Indian children as is or may be permitted by federal law.
ARTICLE II.
DEFINITIONS
As used in this compact:
A. Approved placement means the public child placing agency in the
receiving state has determined that the placement is both safe and suitable for the child.
B. Assessment means an evaluation of a prospective placement by a public
child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including, but not limited to, the child's safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is only applicable to a placement by a public child placing agency.
C. Certification means to attest, declare, or swear to before a judge,
magistrate, or notary public.
D. Child means an individual who has not attained the age of eighteen (18).
E. Default means the failure of a member state to perform the obligations
or responsibilities imposed upon it by this compact, the bylaws, or rules of the Interstate Commission.
F. Home study means an evaluation of a home environment conducted in
accordance with the applicable requirements of the state in which the home is located, and documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.
G. Indian tribe means any Indian tribe, band, nation, or other organized
group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section (3)(c) of the Alaska Native Claims Settlement Act at 43 U.S.C. sec. 1602(c).
H. Interstate Commission for the Placement of Children means the
commission that is created under Article VIII of this compact and which is generally referred to as the Interstate Commission.
I. Jurisdiction means the power and authority of a court to hear and decide
matters.
J. Legal Risk Placement (Legal Risk Adoption) means a placement made
preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother's state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.
K. Member state means a state that has enacted this compact.
L. Non-custodial parent means a person who, at the time of the
commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.
M. Non-member state means a state which has not enacted this compact.
N. Notice of residential placement means information regarding a
placement into a residential facility provided to the receiving state including, but not limited to, the name, date, and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.
O. Placement means the act by a public or private child placing agency
intended to arrange for the care or custody of a child in another state.
P. Private child placing agency means any private corporation, agency,
foundation, institution, or charitable organization, or any private person or attorney that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.
Q. Provisional placement means a determination made by the public child
placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.
R. Public child placing agency means any government child welfare
agency or child protection agency or a private entity under contract with such an agency, regardless of whether it acts on behalf of a state, county, municipality, or other governmental unit and which facilitates, causes, or is involved in the placement of a child from one state to another.
S. Receiving state means the state to which a child is sent, brought, or
caused to be sent or brought.
T. Relative means someone who is related to the child as a parent, step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, first
cousin, or a non-relative with such significant ties to the child that they may be regarded as relative(s) as determined by the court in the sending state.
U. Residential facility means a facility providing a level of care that is
sufficient to substitute for parental responsibility or foster care, and is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, residential facilities do not include institutions primarily educational in character, hospitals, or other medical facilities.
V. Rule means a written directive, mandate, standard, or principle issued by
the Interstate Commission promulgated pursuant to Article XI of this compact that is of general applicability and that implements, interprets, or prescribes a policy or provision of the compact. Rule has the force and effect of an administrative rule in a member state, and includes the amendment, repeal, or suspension of an existing rule.
W. Sending state means the state from which the placement of a child is
initiated.
X. Service member's permanent duty station means the military
installation where an active duty Armed Services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.
Y. Service member's state of legal residence means the state in which the
active duty Armed Services member is considered a resident for tax and voting purposes.
Z. State means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory of the United States.
AA. State court means a judicial body of a state that is vested by law with
responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained the age of eighteen (18).
BB. Supervision means monitoring provided by the receiving state once a
child has been placed in a receiving state pursuant to this compact.
ARTICLE III.
APPLICABILITY
A. Except as otherwise provided in Article III, Section B, this compact shall
apply to:
1. The interstate placement of a child subject to ongoing court jurisdiction in
the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state, provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement.
2. The interstate placement of a child adjudicated delinquent or
unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:
a. The child is being placed in a residential facility in another member state
and is not covered under another compact; or
b. The child is being placed in another member state and the determination
of safety and suitability of the placement and services required is not provided through another compact.
3. The interstate placement of any child by a public child placing agency or
private child placing agency as defined in this compact as a preliminary step to a possible adoption.
B. The provisions of this compact shall not apply to:
1. The interstate placement of a child in a custody proceeding in which a
public child placing agency is not a party, provided the placement is not intended to effectuate an adoption.
2. The interstate placement of a child with a non-relative in a receiving state
by a parent with the legal authority to make such a placement provided, however, that the placement is not intended to effectuate an adoption.
3. The interstate placement of a child by one relative with the lawful
authority to make such a placement directly with a relative in a receiving state.
4. The placement of a child not subject to Article III, Section A into a
residential facility by the child's parent.
5. The placement of a child with a non-custodial parent, provided that:
a. The non-custodial parent proves to the satisfaction of a court in the
sending state a substantial relationship with the child; and
b. The court in the sending state makes a written finding that placement with
the non-custodial parent is in the best interests of the child; and
c. The court in the sending state dismisses its jurisdiction in interstate
placements in which the public child placing agency is a party to the proceeding.
6. A child entering the United States from a foreign country for the purpose
of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.
7. Cases in which a United States citizen child living overseas with the child's
family, at least one of whom is in the United States armed services, and who is stationed overseas, is removed and placed in a state.
8. The sending of a child by a public child placing agency or a private child
placing agency for a visit as defined by the rules of the Interstate Commission.
C. For purposes of determining the applicability of this compact to the
placement of a child with a family in the Armed Services, the public child placing agency or private child placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.
D. Nothing in this compact shall be construed to prohibit the concurrent
application of the provisions of this compact with other applicable interstate compacts, including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement, or transfer of children, promulgate like rules to ensure the coordination of services, timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.
ARTICLE IV.
JURISDICTION
A. Except as provided in Article IV, Section H, and Article V, Section B,
paragraphs two and three concerning private and independent adoptions, and in interstate placements in which the public child placing agency is not a party to a custody proceeding, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Such jurisdiction shall also include the power to order the return of the child to the sending state.
B. When an issue of child protection or custody is brought before a court in
the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
C. In cases that are before courts and subject to this compact, the taking of
testimony for hearings before any judicial officer may occur in person or by telephone, audio-video conference, or such other means as approved by the rules of the Interstate Commission; and judicial officers may communicate with other judicial officers and persons involved in the interstate process as may be permitted by their Canons of Judicial Conduct and any rules promulgated by the Interstate Commission.
D. In accordance with its own laws, the court in the sending state shall have
authority to terminate its jurisdiction if:
1. The child is reunified with the parent in the receiving state who is the
subject of allegations or findings of abuse or neglect, only with the concurrence of the public child placing agency in the receiving state; or
2. The child is adopted; or
3. The child reaches the age of majority under the laws of the sending state;
or
4. The child achieves legal independence pursuant to the laws of the
sending state; or
5. A guardianship is created by a court in the receiving state with the
concurrence of the court in the sending state; or
6. An Indian tribe has petitioned for and received jurisdiction from the court
in the sending state; or
7. The public child placing agency of the sending state requests termination
and has obtained the concurrence of the public child placing agency in the receiving state.
E. When a sending state court terminates its jurisdiction, the receiving state
child placing agency shall be notified.
F. Nothing in this article shall defeat a claim of jurisdiction by a receiving
state court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which would be a violation of its laws.
G. Nothing in this Article shall limit the receiving state's ability to take
emergency jurisdiction for the protection of the child.
H. The substantive laws of the state in which an adoption will be finalized
shall solely govern all issues relating to the adoption of the child, and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except:
1. When the child is a ward of another court that established jurisdiction over
the child prior to the placement; or
2. When the child is in the legal custody of a public agency in the sending
state; or
3. When a court in the sending state has otherwise appropriately assumed
jurisdiction over the child, prior to the submission of the request for approval of placement.
I. A final decree of adoption shall not be entered in any jurisdiction until the
placement is authorized as an approved placement by the public child placing agency in the receiving state.
ARTICLE V.
PLACEMENT EVALUATION
A. Prior to sending, bringing, or causing a child to be sent or brought into a
receiving state, the public child placing agency shall provide a written request for assessment to the receiving state.
B. For placements by a private child placing agency, a child may be sent or
brought, or caused to be sent or brought, into a receiving state, upon receipt and immediate review of the required content in a request for approval of a placement in both the sending and receiving state public child placing agency. The required content to accompany a request for approval shall include all of the following:
1. A request for approval identifying the child, birth parent(s), the prospective
adoptive parent(s), and the supervising agency, signed by the person requesting approval; and
2. The appropriate consents or relinquishments signed by the birth-parent(s)
in accordance with the laws of the sending state, or where permitted, the laws of the state where the adoption will be finalized; and
3. Certification by a licensed attorney or authorized agent of a private
adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state, or, where permitted, the laws of the state where finalization of the adoption will occur; and
4. A home study; and
5. An acknowledgment of legal risk signed by the prospective adoptive
parent(s).
C. The sending state and the receiving state may request additional
information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parent(s) with the child if the required content for approval has been submitted, received, and reviewed by the public child placing agency in both the sending state and the receiving state.
D. Approval from the public child placing agency in the receiving state for
provisional or approved placement is required as provided for in the rules of the Interstate Commission.
E. The procedures for making and the request for an assessment shall
contain all information and be in such form as provided for in the rules of the Interstate Commission.
F. Upon receipt of a request from the public child placing agency of the
sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination for a provisional placement.
G. The public child placing agency in the receiving state may request from
the public child placing agency or the private child placing agency in the sending state, and shall be entitled to receive, supporting or additional information necessary to complete the assessment or approve the placement.
H. The public child placing agency in the receiving state shall approve a
provisional placement and complete or arrange for the completion of the assessment within the time frames established by the rules of the Interstate Commission.
I. For a placement by a private child placing agency, the sending state shall
not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.
J. The Interstate Commission may develop uniform standards for the
assessment of the safety and suitability of interstate placements.
ARTICLE VI.
PLACEMENT AUTHORITY
A. Except as otherwise provided in this compact, no child subject to this
compact shall be placed into a receiving state until approval for such placement is obtained.
B. If the public child placing agency in the receiving state does not approve
the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party shall have
standing to seek an administrative review of the receiving state's determination.
1. The administrative review and any further judicial review associated with
the determination shall be conducted in the receiving state pursuant to its applicable Administrative Procedures Act.
2. If a determination not to approve the placement of the child in the
receiving state is overturned upon review, the placement shall be deemed approved, provided, however, that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.
ARTICLE VII.
PLACING AGENCY RESPONSIBILITY
A. For the interstate placement of a child made by a public child placing
agency or state court:
1. The public child placing agency in the sending state shall have financial
responsibility for:
a. The ongoing support and maintenance for the child during the period of
the placement, unless otherwise provided for in the receiving state; and
b. As determined by the public child placing agency in the sending state,
services for the child beyond the public services for which the child is eligible in the receiving state.
2. The receiving state shall only have financial responsibility for:
a. Any assessment conducted by the receiving state; and
b. Supervision conducted by the receiving state at the level necessary to
support the placement as agreed upon by the public child placing agencies of the receiving and sending states.
3. Nothing in this provision shall prohibit public child placing agencies in the
sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.
B. For the placement of a child by a private child placing agency preliminary
to a possible adoption, the private child placing agency shall be:
1. Legally responsible for the child during the period of placement as
provided for in the law of the sending state until the finalization of the adoption.
2. Financially responsible for the child absent a contractual agreement to
the contrary.
C. The public child placing agency in the receiving state shall provide timely
assessments, as provided for in the rules of the Interstate Commission.
D. The public child placing agency in the receiving state shall provide, or
arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.
E. Nothing in this compact shall be construed as to limit the authority of the
public child placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.
F. Each member state shall provide for coordination among its branches of
government concerning the state's participation in, and compliance with, the compact and Interstate Commission activities, through the creation of an advisory council or use of an existing body or board.
G. Each member state shall establish a central state compact office, which
shall be responsible for state compliance with the compact and the rules of the Interstate Commission.
H. The public child placing agency in the sending state shall oversee
compliance with the provisions of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) for placements subject to the provisions of this compact, prior to placement.
I. With the consent of the Interstate Commission, states may enter into
limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact.
ARTICLE VIII.
INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, a commission
known as the Interstate Commission for the Placement of Children. The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
A. Be a joint commission of the member states and shall have the
responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
B. Consist of one commissioner from each member state who shall be
appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy-related matters governed by this compact binding the state.
1. Each member state represented at a meeting of the Interstate Commission
is entitled to one vote.
2. A majority of the member states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another member state.
4. A representative may delegate voting authority to another person from
their state for a specified meeting.
C. In addition to the commissioners of each member state, the Interstate
Commission shall include persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
D. Establish an executive committee which shall have the authority to
administer the day-to-day operations and administration of the Interstate Commission. It shall not have the power to engage in rulemaking.
ARTICLE IX.
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules and take all necessary actions to effect the goals,
purposes, and obligations as enumerated in this compact.
B. To provide for dispute resolution among member states.
C. To issue, upon request of a member state, advisory opinions concerning
the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.
D. To enforce compliance with this compact or the bylaws or rules of the
Interstate Commission pursuant to Article XII.
E. To collect standardized data concerning the interstate placement of
children subject to this compact as directed through its rules, which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements.
F. To establish and maintain offices as may be necessary for the transacting
of its business.
G. To purchase and maintain insurance and bonds.
H. To hire or contract for services of personnel or consultants as necessary
to carry out its functions under the compact and establish personnel qualification policies and rates of compensation.
I. To establish and appoint committees and officers including, but not limited
to, an executive committee as required by Article X.
J. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose thereof.
K. To lease, purchase, accept contributions or donations of, or otherwise to
own, hold, improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation of
the Interstate Commission.
O. To report annually to the legislatures, governors, the judiciary, and state
advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
P. To coordinate and provide education, training, and public awareness
regarding the interstate movement of children for officials involved in such activity.
Q. To maintain books and records in accordance with the bylaws of the
Interstate Commission.
R. To perform such functions as may be necessary or appropriate to achieve
the purposes of this compact.
ARTICLE X.
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
A. Bylaws
1. Within 12 months after the first Interstate Commission meeting, the
Interstate Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.
2. The Interstate Commission's bylaws and rules shall establish conditions
and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
B. Meetings
1. The Interstate Commission shall meet at least once each calendar year.
The chairperson may call additional meetings and upon the request of a simple majority of the member states shall call additional meetings.
2. Public notice shall be given by the Interstate Commission of all meetings
and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:
a. Relate solely to the Interstate Commission's internal personnel practices
and procedures; or
b. Disclose matters specifically exempted from disclosure by federal law; or
c. Disclose financial or commercial information which is privileged,
proprietary, or confidential in nature; or
d. Involve accusing a person of a crime, or formally censuring a person; or
e. Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy or physically endanger one or more persons; or
f. Disclose investigative records compiled for law enforcement purposes; or
g. Specifically relate to the Interstate Commission's participation in a civil
action or other legal proceeding.
3. For a meeting, or a portion of a meeting, closed pursuant to this provision,
the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemption provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission or by court order.
4. The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or other electronic communication.
C. Officers and Staff
1. The Interstate Commission may, through its executive committee, appoint
or retain a staff director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary to the Interstate Commission, but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.
2. The Interstate Commission shall elect, from among its members, a
chairperson and a vice chairperson of the executive committee and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.
D. Qualified Immunity, Defense, and Indemnification
1. The Interstate Commission's staff director and its employees shall be
immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
a. The liability of the Interstate Commission's staff director and employees
or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
b. The Interstate Commission shall defend the staff director and its
employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
c. To the extent not covered by the state involved, member state, or the
Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgement, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
ARTICLE XI.
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this Article and
the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
C. When promulgating a rule, the Interstate Commission shall, at a minimum:
1. Publish the proposed rule's entire text stating the reason(s) for that
proposed rule; and
2. Allow and invite any and all persons to submit written data, facts, opinions,
and arguments, which information shall be added to the record, and be made publicly available; and
3. Promulgate a final rule and its effective date, if appropriate, based on
input from state or local officials or interested parties.
D. Rules promulgated by the Interstate Commission shall have the force and
effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.
E. Not later than 60 days after a rule is promulgated, an interested person
may file a petition in the U.S. District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.
F. If a majority of the legislatures of the member states rejects a rule, those
states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any member state.
G. The existing rules governing the operation of the Interstate Compact on
the Placement of Children superseded by this act shall be null and void no less than 12, but no more than 24, months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.
H. Within the first 12 months of operation, the Interstate Commission shall
promulgate rules addressing the following:
1. Transition rules.
2. Forms and procedures.
3. Time lines.
4. Data collection and reporting.
5. Rulemaking.
6. Visitation.
7. Progress reports/supervision.
8. Sharing of information/confidentiality.
9. Financing of the Interstate Commission.
10. Mediation, arbitration, and dispute resolution.
11. Education, training, and technical assistance.
12. Enforcement.
13. Coordination with other interstate compacts.
I. Upon determination by a majority of the members of the Interstate
Commission that an emergency exists:
1. The Interstate Commission may promulgate an emergency rule only if it is
required to:
a. Protect the children covered by this compact from an imminent threat to
their health, safety, and well-being; or
b. Prevent loss of federal or state funds; or
c. Meet a deadline for the promulgation of an administrative rule required by
federal law.
2. An emergency rule shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
3. An emergency rule shall be promulgated as provided for in the rules of the
Interstate Commission.
ARTICLE XII.
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
A. Oversight
1. The Interstate Commission shall oversee the administration and operation
of the compact.
2. The executive, legislative, and judicial branches of state government in
each member state shall enforce this compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.
3. All courts shall take judicial notice of the compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject matter of this compact.
4. The Interstate Commission shall be entitled to receive service of process
in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to the Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission.
B. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of a member
state, to resolve disputes which are subject to the compact and which may arise among member states and between member and non-member states.
2. The Interstate Commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.
C. Enforcement
1. If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities under this compact, its bylaws, or rules, the Interstate Commission may:
a. Provide remedial training and specific technical assistance; or
b. Provide written notice to the defaulting state and other member states, of
the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; or
c. By majority vote of the members, initiate against a defaulting member
state legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal office, to enforce compliance with the provisions of the compact, its bylaws, or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees; or
d. Avail itself of any other remedies available under state law or the
regulation of official or professional conduct.
ARTICLE XIII.
FINANCING OF THE COMMISSION
A. The Interstate Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing activities.
B. The Interstate Commission may levy on and collect an annual assessment
from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE XIV.
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than 35 states. The effective date shall be the later of July 1, 2007, or upon enactment of the compact into law by the 35th state. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of state human services administration with ultimate responsibility for the child welfare program of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.
ARTICLE XV.
WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and remain binding
upon each and every member state; provided that a member state may withdraw from the compact specifically repealing the statute which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute
repealing the same. The effective date of the withdrawal shall be the effective date of the repeal of the statute.
3. The withdrawing state shall immediately notify the president of the
Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing state's intent to withdraw.
4. The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occur upon
the withdrawing state reenacting the compact or upon such later date as determined by the members of the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the withdrawal or
default of the member state which reduces the membership in the compact to one member state.
2. Upon the dissolution of this compact, the compact becomes null and void
and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XVI.
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase,
clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate
its purposes.
C. Nothing in this compact shall be construed to prohibit the concurrent
applicability of other interstate compacts to which the states are members.
ARTICLE XVII.
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a member
state that is not inconsistent with this compact.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules and
bylaws promulgated by the Interstate Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and the member
states are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutional
limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provisions in question in that member state.
ARTICLE XVIII.
INDIAN TRIBES
Notwithstanding any other provision in this compact, the Interstate
Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article 1. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circums
C.R.S. § 24-60-2702
24-60-2702. Execution of compact. The general assembly hereby approves and the governor is authorized to enter into a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
The Contracting Parties agree to the following:
OVERVIEW
(a) In General. This Compact organizes an electronic information sharing
system among the Federal Government and the States to exchange criminal history records for noncriminal justice purposes authorized by Federal or State law, such as background checks for governmental licensing and employment.
(b) Obligations of Parties. Under this Compact, the FBI and the Party States
agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the Federal Government and to Party States for authorized purposes. The FBI shall also manage the Federal data facilities that provide a significant part of the infrastructure for the system.
ARTICLE I -- DEFINITIONS
In this Compact:
(1) Attorney general. The term Attorney General means the Attorney
General of the United States.
(2) Compact officer. The term Compact officer means:
(A) With respect to the Federal Government, an official so designated by the
Director of the FBI; and
(B) With respect to a Party State, the chief administrator of the State's
criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.
(3) Council. The term Council means the Compact Council established
under Article VI.
(4) Criminal history records. The term criminal history records:
(A) Means information collected by criminal justice agencies on individuals
consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and
(B) Does not include identification information such as fingerprint records if
such information does not indicate involvement of the individual with the criminal justice system.
(5) Criminal history record repository. The term criminal history record
repository means the state agency designated by the Governor or other appropriate executive official or the legislature of a State to perform centralized record-keeping functions for criminal history records and services in the State.
(6) Criminal justice. The term criminal justice includes activities relating
to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.
(7) Criminal justice agency. The term criminal justice agency:
(A) Means:
(i) Courts; and
(ii) A governmental agency or any subunit thereof that:
(I) Performs the administration of criminal justice pursuant to a statute or
Executive order; and
(II) Allocates a substantial part of its annual budget to the administration of
criminal justice; and
(B) Includes Federal and State inspectors general offices.
(8) Criminal justice services. The term criminal justice services means
services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.
(9) Criterion offense. The term criterion offense means any felony or
misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.
(10) Direct access. The term direct access means access to the National
Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.
(11) Executive order. The term Executive order means an order of the
President of the United States or the chief executive officer of a State that has the force of law and that is promulgated in accordance with applicable law.
(12) FBI. The term FBI means the Federal Bureau of Investigation.
(13) Interstate identification system. The term Interstate Identification
Index System or III System:
(A) Means the cooperative Federal-State system for the exchange of
criminal history records; and
(B) Includes the National Identification Index, the National Fingerprint File
and, to the extent of their participation in such system, the criminal history record repositories of the States and the FBI.
(14) National fingerprint file. The term National Fingerprint File means a
database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.
(15) National identification index. The term National Identification Index
means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.
(16) National indices. The term National indices means the National
Identification Index and the National Fingerprint File.
(17) Nonparty state. The term Nonparty State means a State that has not
ratified this Compact.
(18) Noncriminal justice purposes. The term noncriminal justice purposes
means uses of criminal history records for purposes authorized by Federal or State law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.
(19) Party state. The term Party State means a State that has ratified this
Compact.
(20) Positive identification. The term positive identification means a
determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.
(21) Sealed record information. The term sealed record information
means:
(A) With respect to adults, that portion of a record that is:
(i) Not available for criminal justice uses;
(ii) Not supported by fingerprints or other accepted means of positive
identification; or
(iii) Subject to restrictions on dissemination for noncriminal justice purposes
pursuant to a court order related to a particular subject or pursuant to a Federal or State statute that requires action on a sealing petition filed by a particular record subject; and
(B) With respect to juveniles, whatever each State determines is a sealed
record under its own law and procedure.
(22) State. The term State means any State, territory, or possession of the
United States, the District of Columbia, and the Commonwealth of Puerto Rico.
ARTICLE II -- PURPOSES
The purposes of this Compact are to:
(1) Provide a legal framework for the establishment of a cooperative Federal-State system for the interstate and Federal-State exchange of criminal history
records for noncriminal justice uses;
(2) Require the FBI to permit use of the National Identification Index and the
National Fingerprint File by each Party State, and to provide, in a timely fashion, Federal and State criminal history records to requesting States, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;
(3) Require Party States to provide information and records for the National
Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other States and the Federal Government for noncriminal justice purposes, in accordance with the terms of this Compact and with rules, procedures, and standards established by the Council under Article VI;
(4) Provide for the establishment of a Council to monitor III System
operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and
(5) Require the FBI and each Party State to adhere to III System standards
concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
ARTICLE III -- RESPONSIBILITIES OF COMPACT PARTIES
(a) FBI Responsibilities. The Director of the FBI shall:
(1) Appoint an FBI Compact officer who shall:
(A) Administer this Compact within the Department of Justice and among
Federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V (c);
(B) Ensure that Compact provisions and rules, procedures, and standards
prescribed by the Council under Article VI are complied with by the Department of Justice and the Federal agencies and other agencies and organizations referred to in Article III (a)(1)(A); and
(C) Regulate the use of records received by means of the III System from
Party States when such records are supplied by the FBI directly to other Federal agencies;
(2) Provide to Federal agencies and to State criminal history record
repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:
(A) Information from Nonparty States; and
(B) Information from Party States that is available from the FBI through the
III System, but is not available from the Party State through the III System;
(3) Provide a telecommunications network and maintain centralized facilities
for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
(4) Modify or enter into user agreements with Nonparty State criminal
history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.
(b) State Responsibilities. Each Party State shall:
(1) Appoint a Compact officer who shall:
(A) Administer this Compact within that State;
(B) Ensure that Compact provisions and rules, procedures, and standards
established by the Council under Article VI are complied with in the State; and
(C) Regulate the in-State use of records received by means of the III System
from the FBI or from other Party States;
(2) Establish and maintain a criminal history record repository, which shall
provide:
(A) Information and records for the National Identification Index and the
National Fingerprint File; and
(B) The State's III System-indexed criminal history records for noncriminal
justice purposes described in Article IV;
(3) Participate in the National Fingerprint File; and
(4) Provide and maintain telecommunications links and related equipment
necessary to support the services set forth in this Compact.
(c) Compliance With III System Standards. In carrying out their
responsibilities under this Compact, the FBI and each Party State shall comply with III System rules, procedures, and standards duly established by the Council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.
(d) Maintenance of Record Services.
(1) Use of the III System for noncriminal justice purposes authorized in this
Compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
(2) Administration of Compact provisions shall not reduce the level of service
available to authorized noncriminal justice users on the effective date of this Compact.
ARTICLE IV -- AUTHORIZED RECORD DISCLOSURES
(a) State Criminal History Record Repositories. To the extent authorized by
section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), the FBI shall provide on request criminal history records (excluding sealed records) to State criminal history record repositories for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General and that authorizes national indices checks.
(b) Criminal Justice Agencies and Other Governmental or
Nongovernmental Agencies. The FBI, to the extent authorized by section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and State criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by Federal statute, Federal Executive order, or a State statute that has been approved by the Attorney General, that authorizes national indices checks.
(c) Procedures. Any record obtained under this Compact may be used only
for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall:
(1) Ensure that records obtained under this Compact are used only by
authorized officials for authorized purposes;
(2) Require that subsequent record checks are requested to obtain current
information whenever a new need arises; and
(3) Ensure that record entries that may not legally be used for a particular
noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate no record response is communicated to the requesting official.
ARTICLE V -- RECORD REQUEST PROCEDURES
(a) Positive Identification. Subject fingerprints or other approved forms of
positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.
(b) Submission of State Requests. Each request for a criminal history
record check utilizing the national indices made under any approved State statute shall be submitted through that State's criminal history record repository. A State criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another State criminal history record repository or the FBI.
(c) Submission of Federal Requests. Each request for criminal history
record checks utilizing the national indices made under Federal authority shall be submitted through the FBI or, if the State criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the State in which such request originated. Direct access to the National Identification Index by entities other than the FBI and State criminal history records repositories shall not be permitted for noncriminal justice purposes.
(d) Fees. A State criminal history record repository or the FBI:
(1) May charge a fee, in accordance with applicable law, for handling a
request involving fingerprint processing for noncriminal justice purposes; and
(2) May not charge a fee for providing criminal history records in response to
an electronic request for a record that does not involve a request to process fingerprints.
(e) Additional Search.
(1) If a State criminal history record repository cannot positively identify the
subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.
(2) If, with respect to a request forwarded by a State criminal history record
repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records:
(A) The FBI shall so advise the State criminal history record repository; and
(B) The State criminal history record repository shall be entitled to obtain the
additional criminal history record information from the FBI or other State criminal history record repositories.
ARTICLE VI -- ESTABLISHMENT OF COMPACT COUNCIL
(a) Establishment.
(1) In General. There is established a council to be known as the Compact
Council, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.
(2) Organization. The Council shall:
(A) Continue in existence as long as this Compact remains in effect;
(B) Be located, for administrative purposes, within the FBI; and
(C) Be organized and hold its first meeting as soon as practicable after the
effective date of this Compact.
(b) Membership. The Council shall be composed of 15 members, each of
whom shall be appointed by the Attorney General, as follows:
(1) Nine members, each of whom shall serve a 2-year term, who shall be
selected from among the Compact officers of Party States based on the recommendation of the Compact officers of all Party States, except that, in the absence of the requisite number of Compact officers available to serve, the chief administrators of the criminal history record repositories of Nonparty States shall be eligible to serve on an interim basis.
(2) Two at-large members, nominated by the Director of the FBI, each of
whom shall serve a 3-year term, of whom:
(A) One shall be a representative of the criminal justice agencies of the
Federal Government and may not be an employee of the FBI; and
(B) One shall be a representative of the noncriminal justice agencies of the
Federal Government.
(3) Two at-large members, nominated by the Chairman of the Council, once
the Chairman is elected pursuant to Article VI (c), each of whom shall serve a 3-year term, of whom:
(A) One shall be a representative of State or local criminal justice agencies;
and
(B) One shall be a representative of State or local noncriminal justice
agencies.
(4) One member, who shall serve a 3-year term, and who shall
simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board.
(5) One member, nominated by the Director of the FBI, who shall serve a 3-year term, and who shall be an employee of the FBI.
(c) Chairman and Vice Chairman.
(1) In General. From its membership, the Council shall elect a Chairman and
a Vice Chairman of the Council, respectively. Both the Chairman and Vice Chairman of the Council:
(A) Shall be a Compact officer, unless there is no Compact officer on the
Council who is willing to serve, in which case the Chairman may be an at-large member; and
(B) Shall serve a 2-year term and may be reelected to only 1 additional 2-year term.
(2) Duties of Vice Chairman. The Vice Chairman of the Council shall serve as
the Chairman of the Council in the absence of the Chairman.
(d) Meetings.
(1) In General. The Council shall meet at least once each year at the call of
the Chairman. Each meeting of the Council shall be open to the public. The Council shall provide prior public notice in the Federal Register of each meeting of the Council, including the matters to be addressed at such meeting.
(2) Quorum. A majority of the Council or any committee of the Council shall
constitute a quorum of the Council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
(e) Rules, Procedures, and Standards. The Council shall make available for
public inspection and copying at the Council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the Council.
(f) Assistance From FBI. The Council may request from the FBI such reports,
studies, statistics, or other information or materials as the Council determines to be necessary to enable the Council to perform its duties under this Compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.
(g) Committees. The Chairman may establish committees as necessary to
carry out this Compact and may prescribe their membership, responsibilities, and duration.
ARTICLE VII -- RATIFICATION OF COMPACT
This Compact shall take effect upon being entered into by 2 or more States
as between those States and the Federal Government. Upon subsequent entering into this Compact by additional States, it shall become effective among those States and the Federal Government and each Party State that has previously ratified it. When ratified, this Compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing State.
ARTICLE VIII -- MISCELLANEOUS PROVISIONS
(a) Relation of Compact to Certain FBI Activities. Administration of this
Compact shall not interfere with the management and control of the Director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
(b) No Authority for Nonappropriated Expenditures. Nothing in this
Compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.
(c) Relating to Public Law 92-544. Nothing in this Compact shall diminish or
lessen the obligations, responsibilities, and authorities of any State, whether a Party State or a Nonparty State, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the Council under Article VI (a), regarding the use and dissemination of criminal history records and information.
ARTICLE IX -- RENUNCIATION
(a) In General. This Compact shall bind each Party State until renounced by
the Party State.
(b) Effect. Any renunciation of this Compact by a Party State shall:
(1) Be effected in the same manner by which the Party State ratified this
Compact; and
(2) Become effective 180 days after written notice of renunciation is
provided by the Party State to each other Party State and to the Federal Government.
ARTICLE X -- SEVERABILITY
The provisions of this Compact shall be severable, and if any phrase, clause,
sentence, or provision of this Compact is declared to be contrary to the constitution of any participating State, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this Compact is held contrary to the constitution of any Party State, all other portions of this Compact shall remain in full force and effect as to the remaining Party States and in full force and effect as to the Party State affected, as to all other provisions.
ARTICLE XI -- ADJUDICATION OF DISPUTES
(a) In General. The Council shall:
(1) Have initial authority to make determinations with respect to any dispute
regarding:
(A) Interpretation of this Compact;
(B) Any rule or standard established by the Council pursuant to Article V; and
(C) Any dispute or controversy between any parties to this Compact; and
(2) Hold a hearing concerning any dispute described in paragraph (1) at a
regularly scheduled meeting of the Council and only render a decision based upon a majority vote of the members of the Council. Such decision shall be published pursuant to the requirements of Article VI (e).
(b) Duties of FBI. The FBI shall exercise immediate and necessary action to
preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the Council holds a hearing on such matters.
(c) Right of Appeal. The FBI or a Party State may appeal any decision of the
Council to the Attorney General, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this Compact. Any suit arising under this Compact and initiated in a State court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.
Source: L. 2000: Entire part added, p. 55, � 1, effective March 10.
PART 28
COMPACT FOR THE
SUPERVISION OF ADULT OFFENDERS
C.R.S. § 24-60-4702
24-60-4702. Compact approved and ratified. The general assembly approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any of the United States or other jurisdictions legally joining the compact in the form substantially as follows:
Section 1.
Purpose
In order to strengthen access to Medical Services, and in recognition of
advances in the delivery of Medical Services, the Participating States of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of State Licensing Boards to license and discipline PAs and seeks to enhance the portability of a License to practice as a PA while safeguarding the safety of patients. This Compact allows Medical Services to be provided by PAs, via the mutual recognition of the Licensee's Qualifying License by other Compact Participating States. This Compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of Medical Services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the State Licensing Board where the patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege in that State issued to a PA through the procedures of this Compact. The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a Compact Privilege based on having an unrestricted License in good standing from a Participating State.
Section 2.
Definitions
In this Compact:
A. Adverse Action means any administrative, civil, equitable, or criminal
action permitted by a State's laws which is imposed by a Licensing Board or other authority against a PA License or License application or Compact Privilege such as License denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's practice.
B. Compact Privilege means the authorization granted by a Remote State
to allow a Licensee from another Participating State to practice as a PA to provide Medical Services and other licensed activity to a patient located in the Remote State under the Remote State's laws and regulations.
C. Conviction means a finding by a court that an individual is guilty of a
felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.
D. Criminal Background Check means the submission of fingerprints or
other biometric-based information for a License applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 CFR 20.3 (d), from the State's criminal history record repository as defined in 28 CFR 20.3 (f).
E. Data System means the repository of information about Licensees,
including but not limited to License status and Adverse Actions, which is created and administered under the terms of this Compact.
F. Executive Committee means a group of directors and ex officio
individuals elected or appointed pursuant to Section 7.F.2.
G. Impaired Practitioner means a PA whose practice is adversely affected
by health-related condition(s) that impact their ability to practice.
H. Investigative Information means information, records, or documents
received or generated by a Licensing Board pursuant to an investigation.
I. Jurisprudence Requirement means the assessment of an individual's
knowledge of the laws and Rules governing the practice of a PA in a State.
J. License means current authorization by a State, other than authorization
pursuant to a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without current authorization.
K. Licensee means an individual who holds a License from a State to
provide Medical Services as a PA.
L. Licensing Board means any State entity authorized to license and
otherwise regulate PAs.
M. Medical Services means health care services provided for the diagnosis,
prevention, treatment, cure, or relief of a health condition, injury, or disease, as defined by a State's laws and regulations.
N. Model Compact means the model for the PA Licensure Compact on file
with the Council of State Governments or other entity as designated by the Commission.
O. Participating State means a State that has enacted this Compact.
P. PA means an individual who is licensed as a physician assistant in a
State. For purposes of this Compact, any other title or status adopted by a State to replace the term physician assistant shall be deemed synonymous with physician assistant and shall confer the same rights and responsibilities to the Licensee under the provisions of this Compact at the time of its enactment.
Q. PA Licensure Compact Commission, Compact Commission, or
Commission means the national administrative body created pursuant to Section 7.A of this Compact.
R. Qualifying License means an unrestricted License issued by a
Participating State to provide Medical Services as a PA.
S. Remote State means a Participating State where a Licensee who is not
licensed as a PA is exercising or seeking to exercise the Compact Privilege.
T. Rule means a regulation promulgated by an entity that has the force and
effect of law.
U. Significant Investigative Information means Investigative Information
that a Licensing Board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by State law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.
V. State means any state, commonwealth, district, or territory of the United
States.
Section 3.
State Participation in this Compact
A. To participate in this Compact, a Participating State shall:
1. License PAs;
2. Participate in the Compact Commission's Data System;
3. Have a mechanism in place for receiving and investigating complaints
against Licensees and License applicants;
4. Notify the Commission, in compliance with the terms of this Compact and
Commission Rules, of any Adverse Action against a Licensee or License applicant and the existence of Significant Investigative Information regarding a Licensee or License applicant;
5. Fully implement a Criminal Background Check requirement, within a time
frame established by Commission Rule, by its Licensing Board receiving the results of a Criminal Background Check and reporting to the Commission whether the License applicant has been granted a License;
6. Comply with the Rules of the Compact Commission;
7. Utilize passage of a recognized national exam such as the National
Commission on Certification of Physician Assistants Physician Assistant National Certifying Examination as a requirement for PA licensure;
8. Grant the Compact Privilege to a holder of a Qualifying License in a
Participating State.
B. Nothing in this Compact prohibits a Participating State from charging a
fee for granting the Compact Privilege.
Section 4.
Compact Privilege
A. To exercise the Compact Privilege, a Licensee must:
1. Have graduated from a PA program accredited by the Accreditation
Review Commission on Education for the Physician Assistant, Inc., or other programs authorized by Commission Rule;
2. Hold current National Commission on Certification of Physician Assistants
certification;
3. Have no felony or misdemeanor Conviction;
4. Have never had a controlled substance license, permit, or registration
suspended or revoked by a State or by the United States Drug Enforcement Administration;
5. Have a unique identifier as determined by Commission Rule;
6. Hold a Qualifying License;
7. Have had no revocation of a License or limitation or restriction on any
License currently held due to an Adverse Action;
8. If a Licensee has had a limitation or restriction on a License or Compact
Privilege due to an Adverse Action, two years must have elapsed from the date on which the License or Compact Privilege is no longer limited or restricted due to the Adverse Action;
9. If a Compact Privilege has been revoked or is limited or restricted in a
Participating State for conduct that would not be a basis for disciplinary action in a Participating State in which the Licensee is practicing or applying to practice under a Compact Privilege, that Participating State shall have the discretion not to consider such action as an Adverse Action requiring the denial or removal of a Compact Privilege in that State;
10. Notify the Compact Commission that the Licensee is seeking the
Compact Privilege in a Remote State;
11. Meet any Jurisprudence Requirement of a Remote State in which the
Licensee is seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the Jurisprudence Requirement;
12. Report to the Commission any Adverse Action taken by a non-Participating State within thirty (30) days after the action is taken.
B. The Compact Privilege is valid until the expiration or revocation of the
Qualifying License unless terminated pursuant to an Adverse Action. The Licensee must also comply with all of the requirements of Subsection A of this section to maintain the Compact Privilege in a Remote State. If the Participating State takes Adverse Action against a Qualifying License, the Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact Privilege until all of the following occur:
1. The License is no longer limited or restricted; and
2. Two (2) years have elapsed from the date on which the License is no
longer limited or restricted due to the Adverse Action.
C. Once a restricted or limited License satisfies the requirements of
Subsections B.1 and B.2 of this section, the Licensee must meet the requirements of Subsection A of this section to obtain a Compact Privilege in any Remote State.
D. For each Remote State in which a PA seeks authority to prescribe
controlled substances, the PA shall satisfy all requirements imposed by such State in granting or renewing such authority.
Section 5.
Designation of the State from Which Licensee is
Applying for a Compact Privilege
A. Upon a Licensee's application for a Compact Privilege, the Licensee shall
identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:
1. When applying for a Compact Privilege, the Licensee shall provide the
Commission with the address of the Licensee's primary residence and thereafter shall immediately report to the Commission any change in the address of the Licensee's primary residence.
2. When applying for a Compact Privilege, the Licensee is required to
consent to accept service of process by mail at the Licensee's primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State.
Section 6.
Adverse Actions
A. A Participating State in which a Licensee is licensed shall have exclusive
power to impose Adverse Action against the Qualifying License issued by that Participating State.
B. In addition to the other powers conferred by State law, a Remote State
shall have the authority, in accordance with existing State due process law, to do all of the following:
1. Take Adverse Action against a PA's Compact Privilege within that State to
remove a Licensee's Compact Privilege or take other action necessary under applicable law to protect the health and safety of its citizens.
2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Participating State for the attendance and testimony of witnesses or the production of evidence from another Participating State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the evidence or witnesses are located.
3. Notwithstanding Subsection A.2 of this section, subpoenas may not be
issued by a Participating State to gather evidence of conduct in another State that is lawful in that other State for the purpose of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact Privilege in that Participating State.
4. Nothing in this Compact authorizes a Participating State to impose
discipline against a PA's Compact Privilege or to deny an application for a Compact Privilege in that Participating State for the individual's otherwise lawful practice in another State.
C. For purposes of taking Adverse Action, the Participating State which
issued the Qualifying License shall give the same priority and effect to reported conduct received from any other Participating State as it would if the conduct had occurred within the Participating State which issued the Qualifying License. In so doing, that Participating State shall apply its own State laws to determine appropriate action.
D. A Participating State, if otherwise permitted by State law, may recover
from the affected PA the costs of investigations and disposition of cases resulting from any Adverse Action taken against that PA.
E. A Participating State may take Adverse Action based on the factual
findings of a Remote State, provided that the Participating State follows its own procedures for taking the Adverse Action.
F. Joint Investigations
1. In addition to the authority granted to a Participating State by its
respective State PA laws and regulations or other applicable State law, any Participating State may participate with other Participating States in joint investigations of Licensees.
2. Participating States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under this Compact.
G. If an Adverse Action is taken against a PA's Qualifying License, the PA's
Compact Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all restrictions have been removed from the State License. All disciplinary orders by the Participating State which issued the Qualifying License that impose Adverse Action against a PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all Participating States during the pendency of the order.
H. If any Participating State takes Adverse Action, it promptly shall notify
the administrator of the Data System.
Section 7.
Establishment of the
PA Licensure Compact Commission
A. The Participating States hereby create and establish a joint government
agency and national administrative body known as the PA Licensure Compact Commission. The Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 11.A of this Compact.
B. Membership, Voting, and Meetings
1. Each Participating State shall have and be limited to one (1) delegate
selected by that Participating State's Licensing Board or, if the State has more than one Licensing Board, selected collectively by the Participating State's Licensing Boards.
2. The delegate shall be either:
a. A current PA, physician, or public member of a Licensing Board or PA
Council/Committee; or
b. An administrator of a Licensing Board.
3. Any delegate may be removed or suspended from office as provided by
the laws of the State from which the delegate is appointed.
4. The Participating State Licensing Board shall fill any vacancy occurring in
the Commission within sixty (60) days.
5. Each delegate shall be entitled to one (1) vote on all matters voted on by
the Commission and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication.
6. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in this Compact and the bylaws.
7. The Commission shall establish by Rule a term of office for delegates.
C. The Commission shall have the following powers and duties:
1. Establish a code of ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish fees;
4. Establish bylaws;
5. Maintain its financial records in accordance with the bylaws;
6. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;
7. Promulgate Rules to facilitate and coordinate implementation and
administration of this Compact. The Rules shall have the force and effect of law and shall be binding in all Participating States.
8. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;
9. Purchase and maintain insurance and bonds;
10. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Participating State;
11. Hire employees and engage contractors, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. Accept any and all appropriate donations and grants of money,
equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
13. Lease, purchase, accept appropriate gifts or donations of, or otherwise
own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;
15. Establish a budget and make expenditures;
16. Borrow money;
17. Appoint committees, including standing committees composed of
members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
18. Provide and receive information from, and cooperate with, law
enforcement agencies;
19. Elect a chair, vice chair, secretary, and treasurer and such other officers
of the Commission as provided in the Commission's bylaws;
20. Reserve for itself, in addition to those reserved exclusively to the
Commission under the Compact, powers that the Executive Committee may not exercise;
21. Approve or disapprove a State's participation in the Compact based upon
its determination as to whether the State's Compact legislation departs in a material manner from the Model Compact language;
22. Prepare and provide to the Participating States an annual report; and
23. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact consistent with the State regulation of PA licensure and practice.
D. Meetings of the Commission
1. All meetings of the Commission that are not closed pursuant to this
Subsection D.1 shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting.
2. Notwithstanding subsection D.1 of this section, the Commission may
convene a public meeting by providing at least twenty-four (24) hours prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Section 9.L of this Compact.
3. The Commission may convene in a closed, non-public meeting or non-public part of a public meeting to receive legal advice or to discuss:
a. Non-compliance of a Participating State with its obligations under this
Compact;
b. The employment, compensation, discipline or other enforcement matters,
practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact;
j. Legal advice; or
k. Matters specifically exempted from disclosure by federal or Participating
States' statutes.
4. If a meeting, or portion of a meeting, is closed pursuant to this Subsection
D, the chair of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
5. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
E. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
Participating State and may impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on Participating States shall be allocated based upon a formula to be determined by Commission Rule.
a. A Compact Privilege expires when the Licensee's Qualifying License in the
Participating State from which the Licensee applied for the Compact Privilege expires.
b. If the Licensee terminates the Qualifying License through which the
Licensee applied for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, the Licensee shall inform the Commission that the Licensee is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Participating States, except by and with the authority of the Participating State.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
F. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact and Commission Rules.
2. The Executive Committee shall be composed of nine (9) members:
a. Seven (7) voting members who are elected by the Commission from the
current membership of the Commission;
b. One (1) ex officio, nonvoting member from a recognized national PA
professional association; and
c. One (1) ex officio, nonvoting member from a recognized national PA
certification organization.
3. The ex officio members will be selected by their respective organizations.
4. The Commission may remove any member of the Executive Committee as
provided in its bylaws.
5. The Executive Committee shall meet at least annually.
6. The Executive Committee shall have the following duties and
responsibilities:
a. Recommend to the Commission changes to the Commission's Rules or
bylaws, changes to this Compact legislation, fees to be paid by Compact Participating States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege;
b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of Participating States and provide
compliance reports to the Commission;
f. Establish additional committees as necessary;
g. Exercise the powers and duties of the Commission during the interim
between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission's Rules; and
h. Perform other duties as provided in the Commission's Rules or bylaws.
7. All meetings of the Executive Committee at which it votes or plans to vote
on matters in exercising the powers and duties of the Commission shall be open to the public, and public notice of such meetings shall be given as public meetings of the Commission are given.
8. The Executive Committee may convene in a closed, non-public meeting for
the same reasons that the Commission may convene in a non-public meeting as set forth in Subsection D.3 of this Section and shall announce the closed meeting as the Commission is required to under Subsection D.4 of this Section and keep minutes of the closed meeting as the Commission is required to under Subsection D.5 of this Section.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses in any proceedings as authorized by Commission Rules.
5. Nothing herein shall be construed as a limitation on the liability of any
Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
6. Nothing herein shall be construed to designate the venue or jurisdiction to
bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a PA. All such matters shall be determined exclusively by State law other than this Compact.
7. Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Participating State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
8. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the Participating States or by the Commission.
Section 8.
Data System
A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated data and reporting system containing licensure information, Adverse Action information, and the reporting of the existence of Significant Investigative Information on all licensed PAs and applicants denied a License in Participating States.
B. Notwithstanding any other State law to the contrary, a Participating State
shall submit a uniform data set to the Data System on all PAs to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License or Compact Privilege;
4. Any denial of application for licensure, and the reason(s) for such denial
(excluding the reporting of any criminal history record information where prohibited by law);
5. The existence of Significant Investigative Information; and
6. Other information that may facilitate the administration of this Compact,
as determined by the Rules of the Commission.
C. Significant Investigative Information pertaining to a Licensee in any
Participating State shall only be available to other Participating States.
D. The Commission shall promptly notify all Participating States of any
Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it. This Adverse Action information shall be available to any other Participating State.
E. Participating States contributing information to the Data System may, in
accordance with State or federal law, designate information that may not be shared with the public without the express permission of the contributing State. Notwithstanding any such designation, such information shall be reported to the Commission through the Data System.
F. Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System upon reporting of such by the Participating State to the Commission.
G. The records and information provided to a Participating State pursuant to
this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Participating State.
Section 9.
Rulemaking
A. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Section and the Rules adopted thereunder. Commission Rules shall become binding as of the date specified by the Commission for each Rule.
B. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently implement and administer this Compact and achieve its purposes. A Commission Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
C. The Rules of the Commission shall have the force of law in each
Participating State, provided however that where the Rules of the Commission conflict with the laws of the Participating State that establish the Medical Services a PA may perform in the Participating State, as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
D. If a majority of the legislatures of the Participating States rejects a
Commission Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Participating State or to any State applying to participate in the Compact.
E. Commission Rules shall be adopted at a regular or special meeting of the
Commission.
F. Prior to promulgation and adoption of a final Rule or Rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested the Commission's notices of proposed
rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
G. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing on the proposed Rule and
the proposed time, date, and location of the meeting in which the proposed Rule will be considered and voted upon;
2. The text of the proposed Rule and the reason for the proposed Rule;
3. A request for comments on the proposed Rule from any interested person
and the date by which written comments must be received; and
4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing or provide any written comments.
H. Prior to adoption of a proposed Rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made available to the public.
I. If the hearing is to be held via electronic means, the Commission shall
publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall as directed in the
notice of proposed rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at the hearing.
2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording and the written
comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request.
4. Nothing in this section shall be construed as requiring a separate hearing
on each proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at hearings required by this section.
J. Following the public hearing the Commission shall consider all written and
oral comments timely received.
K. The Commission shall, by majority vote of all delegates, take final action
on the proposed Rule and shall determine the effective date of the Rule, if adopted, based on the rulemaking record and the full text of the Rule.
1. If adopted, the Rule shall be posted on the Commission's website.
2. The Commission may adopt changes to the proposed Rule provided the
changes do not enlarge the original purpose of the proposed Rule.
3. The Commission shall provide on its website an explanation of the reasons
for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
4. The Commission shall determine a reasonable effective date for the Rule.
Except for an emergency as provided in Subsection L of this section, the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this Subsection L, an emergency Rule is one that must be adopted immediately by the Commission in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Participating State funds;
3. Meet a deadline for the promulgation of a Commission Rule that is
established by federal law or Rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Commission Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made as set forth in the notice of revisions and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
N. No Participating State's rulemaking requirements shall apply under this
Compact.
Section 10.
Oversight, Dispute Resolution, and Enforcement
A. Oversight
1. The executive and judicial branches of State government in each
Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
3. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact or the Commission's Rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission with service of process shall render a judgment or order in such proceeding void as to the Commission, this Compact, or Commission Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Participating State has defaulted in
the performance of its obligations or responsibilities under this Compact or the Commission Rules, the Commission shall provide written notice to the defaulting State and other Participating States. The notice shall describe the default, the proposed means of curing the default, and any other action that the Commission may take and shall offer remedial training and specific technical assistance regarding the default.
2. If a State in default fails to cure the default, the defaulting State may be
terminated from this Compact upon an affirmative vote of a majority of the delegates of the Participating States, and all rights, privileges, and benefits conferred by this Compact upon such State may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
3. Termination of participation in this Compact shall be imposed only after
all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and the Licensing Board(s) of each of the Participating States.
4. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a State that is found to
be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting State.
6. The defaulting State may appeal its termination from the Compact by the
Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
7. Upon the termination of a State's participation in the Compact, the State
shall immediately provide notice to all Licensees within that State of such termination:
a. Licensees who have been granted a Compact Privilege in that State shall
retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination.
b. Licensees who are licensed in that State who have been granted a
Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the one hundred eighty (180)-day period ends, in which case the Compact Privilege shall continue.
C. Dispute Resolution
1. Upon request by a Participating State, the Commission shall attempt to
resolve disputes related to this Compact that arise among Participating States and between participating and non-Participating States.
2. The Commission shall promulgate a Rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions of this Compact and Rules of the Commission.
2. If compliance is not secured after all means to secure compliance have
been exhausted, by majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices, against a Participating State in default to enforce compliance with the provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or State law.
E. Legal Action Against the Commission
1. A Participating State may initiate legal action against the Commission in
the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
2. No person other than a Participating State shall enforce this Compact
against the Commission.
Section 11.
Date of Implementation of the
PA Licensure Compact Commission
A. This Compact shall come into effect on the date on which this Compact
statute is enacted into law in the seventh Participating State.
1. On or after the effective date of this Compact, the Commission shall
convene and review the enactment of each of the States that enacted this Compact prior to the Commission convening (Charter Participating States) to determine if the statute enacted by each such Charter Participating State is materially different than the Model Compact.
a. A Charter Participating State whose enactment is found to be materially
different from the Model Compact shall be entitled to the default process set forth in Section 10.B of this Compact.
b. If any Participating State later withdraws from the Compact or its
participation is terminated, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Participating States should be less than seven. Participating States enacting the Compact subsequent to the Commission convening shall be subject to the process set forth in Section 7.C.21 of this Compact to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.
2. Participating States enacting this Compact subsequent to the seven initial
Charter Participating States shall be subject to the process set forth in Section 7.C.21 of this Compact to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.
3. All actions tak
C.R.S. § 24-60-501
24-60-501. Disposal of detainers against prisoner based on untried charges. The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows:
The Agreement on Detainers
The contracting states solemnly agree that:
Article I
The party states find that charges outstanding against a prisoner, detainers
based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
Article II
As used in this agreement:
(a) State shall mean a state of the United States; the United States of
America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.
(b) Sending state shall mean a state in which a prisoner is incarcerated at
the time that he initiates a request for final disposition pursuant to article III hereof or at the time that a request for custody or availability is initiated pursuant to article IV hereof.
(c) Receiving state shall mean the state in which trial is to be had on an
indictment, information or complaint pursuant to article III or article IV hereof.
Article III
(a) Whenever a person has entered upon a term of imprisonment in a penal or
correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his imprisonment and his request for a final disposition to be made of the indictment, information or complaint; provided that for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.
(b) The written notice and request for final disposition referred to in
paragraph (a) hereof shall be given or sent by the prisoner to the warden, commissioner of corrections, or other official having custody of him, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.
(c) The warden, commissioner of corrections, or other official having custody
of the prisoner shall promptly inform him of the source and contents of any detainer lodged against him and shall also inform him of his right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.
(d) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, commissioner of corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
(e) Any request for final disposition made by a prisoner pursuant to
paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and a waiver of extradition to the receiving state to serve any sentence there imposed upon him, after completion of his term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his body in any court where his presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.
(f) Escape from custody by the prisoner subsequent to his execution of the
request for final disposition referred to in paragraph (a) hereof shall void the request.
Article IV
(a) The appropriate officer of the jurisdiction in which an untried indictment,
information, or complaint is pending shall be entitled to have a prisoner against whom he had lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with article V (a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information, or complaint shall have duly approved, recorded, and transmitted the request; and provided further that there shall be a period of thirty days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability, either upon his own motion or upon motion of the prisoner.
(b) Upon receipt of the officer's written request as provided in paragraph (a)
hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.
(c) In respect of any proceeding made possible by this article, trial shall be
commenced within one hundred twenty days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.
(d) Nothing contained in this article shall be construed to deprive any
prisoner of any right which he may have to contest the legality of his delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.
(e) If trial is not had on any indictment, information, or complaint
contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to article V (e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
Article V
(a) In response to a request made under article III or article IV hereof, the
appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.
(b) The officer or other representative of a state accepting an offer of
temporary custody shall present the following upon demand:
(1) Proper identification and evidence of his authority to act for the state into
whose temporary custody the prisoner is to be given.
(2) A duly certified copy of the indictment, information, or complaint on the
basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.
(c) If the appropriate authority shall refuse or fail to accept temporary
custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in article III or article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.
(d) The temporary custody referred to in this agreement shall be only for the
purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his attendance at court and while being transported to or from any place at which his presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.
(e) At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.
(f) During the continuance of temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.
(g) For all purposes other than that for which temporary custody as provided
in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.
(h) From the time that a party state receives custody of a prisoner pursuant
to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping, and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
Article VI
(a) In determining the duration and expiration dates of the time periods
provided in articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.
(b) No provision of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.
Article VII
Each state party to this agreement shall designate an officer who, acting
jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
Article VIII
This agreement shall enter into full force and effect as to a party state when
such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
Article IX
This agreement shall be liberally construed so as to effectuate its purposes.
The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provisions of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Source: L. 69: p. 292, � 9. C.R.S. 1963: � 74-17-1.
C.R.S. § 24-60-601
24-60-601. Compact. The governor of the state of Colorado, for and in behalf of the state of Colorado, is hereby authorized to enter into compacts for western regional cooperation in higher education with the states of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming or any one or more of said states. Under such compacts, the following covenants may be agreed to:
ARTICLE I
WHEREAS, the future of this Nation and of the Western States is dependent
upon the quality of the education of its youth; and
WHEREAS, many of the Western States individually do not have sufficient
numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all of the States have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and
WHEREAS, it is believed that the Western States, or groups of such states
within the Region, co-operatively can provide acceptable and efficient educational facilities to meet the needs of the Region and of the students thereof;
NOW, THEREFORE, The States of Arizona, California, Colorado, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territories of Alaska and Hawaii do hereby covenant and agree as follows:
ARTICLE II
Each of the compacting states and territories pledges to each of the other
compacting states and territories faithful co-operation in carrying out all the purposes of this Compact.
ARTICLE III
The compacting states and territories hereby create the Western Interstate
Commission for Higher Education, hereinafter called the Commission. Said Commission shall be a body corporate of each compacting state and territory and an agency thereof. The Commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.
ARTICLE IV
The Commission shall consist of three resident members from each
compacting state or territory. At all times one Commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.
The Commissioners from each state and territory shall be appointed by the
Governor thereof as provided by law in such state or territory. Any Commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.
The terms of each Commissioner shall be four years, provided however that
the first three Commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each Commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the Governor shall appoint a Commissioner to fill the office for the remainder of the unexpired term.
ARTICLE V
Any business transacted at any meeting of the Commission must be by
affirmative vote of a majority of the whole number of compacting states and territories.
One or more Commissioners from a majority of the compacting states and
territories shall constitute a quorum for the transaction of business.
Each compacting state and territory represented at any meeting of the
Commission is entitled to one vote.
ARTICLE VI
The Commission shall elect from its number a chairman and a vice chairman,
and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this Compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.
The Commissioners shall serve without compensation, but shall be
reimbursed for their actual and necessary expenses from the funds of the Commission.
ARTICLE VII
The Commission shall adopt a seal and by-laws and shall adopt and
promulgate rules and regulations for its management and control.
The Commission may elect such committees as it deems necessary for the
carrying out of its functions.
The Commission shall establish and maintain an office within one of the
compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The Chairman may call such additional meetings and upon the request of a majority of the Commissioners of three or more compacting states or territories shall call additional meetings.
The Commission shall submit a budget to the Governor of each compacting
state and territory at such time and for such period as may be required.
The Commission shall, after negotiations with interested institutions,
determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the Region.
On or before the fifteenth day of January of each year, the Commission shall
submit to the Governors and Legislatures of the compacting states and territories a report of its activities for the preceding calendar year.
The Commission shall keep accurate books of account, showing in full its
receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the Governor of any compacting state or territory or his designated representative. The Commission shall not be subject to the audit and accounting procedure of any of the compacting states or territories. The Commission shall provide for an independent annual audit.
ARTICLE VIII
It shall be the duty of the Commission to enter into such contractual
agreements with any institutions in the Region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the Commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The Commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.
For this purpose the Commission may enter into contractual agreements --
(a) With the governing authority of any educational institution in the Region,
or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and
(b) With the governing authority of any educational institutions in the Region
or with any compacting state or territory to assist in the placement of graduate or professional students in educational institutions in the Region providing the desired services and facilities, upon such terms and conditions as the Commission may prescribe.
It shall be the duty of the Commission to undertake studies of needs for
professional and graduate educational facilities in the Region, the resources for meeting such needs, and the long-range effects of the Compact on higher education; and from time to time prepare comprehensive reports on such research for presentation to the Western Governors' Conference and to the legislatures of the compacting states and territories. In conducting such studies, the Commission may confer with any national or regional planning body which may be established. The Commission shall draft and recommend to the Governors of the various compacting states and territories, uniform legislation dealing with problems of higher education in the Region.
For the purposes of this Compact the word Region shall be construed to
mean the geographical limits of the several compacting states and territories.
ARTICLE IX
The operating costs of the Commission shall be apportioned equally among
the compacting states and territories.
ARTICLE X
This Compact shall become operative and binding immediately as to those
states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii have duly adopted it prior to July 1, 1953. This Compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.
ARTICLE XI
This Compact may be terminated at any time by consent of a majority of the
compacting states or territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and Governor of such terminating state. Any state or territory may at any time withdraw from this Compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the Governor of the withdrawing state or territory accompanied by a certified copy of the requisite legislative action is received by the Commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the Commission.
ARTICLE XII
If any compacting state or territory shall at any time default in the
performance of any of its obligations assumed or imposed in accordance with the provisions of this Compact, all rights, privileges and benefits conferred by this Compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the Commission.
Unless such default shall be remedied within a period of two years following
the effective date of such default, this Compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.
Any such defaulting state may be reinstated by: (a) performing all Acts and
obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the Commission.
Source: L. 51: p. 768, � 1. CSA: C. 153, � 44(30). CRS 53: � 74-7-1. C.R.S.
1963: � 74-7-1.
PART 7
INTERSTATE COMPACT ON JUVENILES
C.R.S. § 24-60-801
24-60-801. Execution of compact. The governor is hereby authorized to execute a compact on behalf of this state with any other contiguous state or states joining therein in the form substantially as follows:
WESTERN INTERSTATE CORRECTIONS COMPACT
Article I
PURPOSE AND POLICY
The party states, desiring by common action to improve their institutional
facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of co-operation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of co-operation for the confinement, treatment and rehabilitation of offenders.
Article II
DEFINITIONS
As used in this compact, unless the context clearly requires otherwise:
(a) State means a state of the United States, or, subject to the limitation
contained in Article VII, Guam.
(b) Sending state means a state party to this compact in which conviction
was had.
(c) Receiving state means a state party to this compact to which an inmate
is sent for confinement other than a state in which conviction was had.
(d) Inmate means a male or female offender who is under sentence to or
confined in a prison or other correctional institution.
(e) Institution means any prison, reformatory or other correctional facility
(including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.
Article III
CONTRACTS
(a) Each party state may make one or more contracts with any one or more of
the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for
inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or
crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving states.
(b) Prior to the construction or completion of construction of any institution
or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefore, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a part of any contract
entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
Article IV
PROCEDURES AND RIGHTS
(a) Whenever the duly constituted judicial or administrative authorities in a
state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care, or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have
access, at all reasonable times, to any institution in which it has contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact
shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.
(d) Each receiving state shall provide regular reports to each sending state
on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the
provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this
compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall be released within
the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any
and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under
the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
Article V
ACTS NOT REVIEWABLE IN RECEIVING STATE; EXTRADITION
(a) Any decision of the sending state in respect of any matter over which it
retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined
pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
Article VI
FEDERAL AID
Any state party to this compact may accept federal aid for use in connection
with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
Article VII
ENTRY INTO FORCE
This compact shall enter into force and become effective and binding upon
the states so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.
Article VIII
WITHDRAWAL AND TERMINATION
This compact shall continue in force and remain binding upon a party state
until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
Article IX
OTHER ARRANGEMENTS UNAFFECTED
Nothing contained in this compact shall be construed to abrogate or impair
any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
Article X
CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Source: L. 59: p. 516, � 1. CRS 53: � 74-9-1. C.R.S. 1963: � 74-9-1.
C.R.S. § 24-60-902
24-60-902. Compact approved and ratified. The general assembly hereby approves and ratifies and the governor shall enter into a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I
Findings and Purpose
(a) The party states find that:
(1) Accidents and deaths on their streets and highways present a very
serious human and economic problem with a major deleterious effect on the public welfare.
(2) There is a vital need for the development of greater interjurisdictional
cooperation to achieve the necessary uniformity in the laws, rules, regulations and codes relating to vehicle equipment, and to accomplish this by such means as will minimize the time between the development of demonstrably and scientifically sound safety features and their incorporation into vehicles.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for equipment.
(2) Secure uniformity of law and administrative practice in vehicular
regulation and related safety standards to permit incorporation of desirable equipment changes in vehicles in the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of research
which will facilitate the achievement of the foregoing purposes, with due regard for the findings set forth in subdivision (a) of this article.
(c) It is the intent of this compact to emphasize performance requirements
and not to determine the specific detail of engineering in the manufacture of vehicles or equipment except to the extent necessary for the meeting of such performance requirements.
ARTICLE II
Definitions
As used in this compact:
(a) Vehicle means every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
(b) State means a state, territory or possession of the United States, the
District of Columbia, or the Commonwealth of Puerto Rico.
(c) Equipment means any part of a vehicle or any accessory for use thereon
which affects the safety of operation of such vehicle or the safety of the occupants.
ARTICLE III
The Commission
(a) There is hereby created an agency of the party states to be known as the
Vehicle Equipment Safety Commission hereinafter called the commission. The commission shall be composed of one commissioner from each party state who shall be appointed, serve and be subject to removal in accordance with the laws of the state which he represents. If authorized by the laws of his party state, a commissioner may provide for the discharge of his duties and the performance of his functions on the commission, either for the duration of his membership or for any lesser period of time, by an alternate. No such alternate shall be entitled to serve unless notification of his identity and appointment shall have been given to the commission in such form as the commission may require. Each commissioner, and each alternate, when serving in the place and stead of a commissioner, shall be entitled to be reimbursed by the commission for expenses actually incurred in attending commission meetings or while engaged in the business of the commission.
(b) The commissioners shall be entitled to one vote each on the commission.
No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners, or their alternates, are present.
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its members, a
chairman, a vice-chairman and a treasurer. The commission may appoint an executive director and fix his duties and compensation. Such executive director shall serve at the pleasure of the commission, and together with the treasurer shall be bonded in such amount as the commission shall determine. The executive director also shall serve as secretary. If there be no executive director, the commission shall elect a secretary in addition to the other officers provided by this subdivision.
(e) Irrespective of the civil service, personnel or other merit system laws of
any of the party states, the executive director with the approval of the commission, or the commission if there be no executive director, shall appoint, remove or discharge such personnel as may be necessary for the performance of the commission's functions, and shall fix the duties and compensation of such personnel.
(f) The commission may establish and maintain independently or in
conjunction with any one or more of the party states, a suitable retirement system for its full time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivor's insurance provided that the commission takes such steps as may be necessary pursuant to the laws of the United States, to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.
(g) The commission may borrow, accept or contract for the services of
personnel from any party state, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of two or more of the party states or their subdivisions.
(h) The commission may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any other governmental agency and may receive, utilize and dispose of the same.
(i) The commission may establish and maintain such facilities as may be
necessary for the transacting of its business. The commission may acquire, hold, and convey real and personal property and any interest therein.
(j) The commission shall adopt bylaws for the conduct of its business and
shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states. The bylaws shall provide for appropriate notice to the commissioners of all commission meetings and hearings and the business to be transacted at such meetings or hearings. Such notice shall also be given to such agencies or officers of each party state as the laws of such party state may provide.
(k) The commission annually shall make to the governor and legislature of
each party state a report covering the activities of the commission for the preceding year, and embodying such recommendations as may have been issued by the commission. The commission may make such additional reports as it may deem desirable.
ARTICLE IV
Research and Testing
The commission shall have power to:
(a) Collect, correlate, analyze and evaluate information resulting or derivable
from research and testing activities in equipment and related fields.
(b) Recommend and encourage the undertaking of research and testing in
any aspect of equipment or related matters when, in its judgment, appropriate or sufficient research or testing has not been undertaken.
(c) Contract for such equipment research and testing as one or more
governmental agencies may agree to have contracted for by the commission, provided that such governmental agency or agencies shall make available the funds necessary for such research and testing.
(d) Recommend to the party states changes in law or policy with emphasis
on uniformity of laws and administrative rules, regulations or codes which would promote effective governmental action or coordination in the prevention of equipment-related highway accidents or the mitigation of equipment-related highway safety problems.
ARTICLE V
Vehicular Equipment
(a) In the interest of vehicular and public safety, the commission may study
the need for or desirability of the establishment of or changes in performance requirements or restrictions for any item of equipment. As a result of such study, the commission may publish a report relating to any item or items of equipment, and the issuance of such a report shall be a condition precedent to any proceedings or other action provided or authorized by this article. No less than sixty days after the publication of a report containing the results of such study, the commission upon due notice shall hold a hearing or hearings at such place or places as it may determine.
(b) Following the hearing or hearings provided for in subdivision (a) of this
article, and with due regard for standards recommended by appropriate professional and technical associations and agencies, the commission may issue rules, regulations or codes embodying performance requirements or restrictions for any item or items of equipment covered in the report, which in the opinion of the commission will be fair and equitable and effectuate the purposes of this compact.
(c) Each party state obligates itself to give due consideration to any and all
rules, regulations and codes issued by the commission and hereby declares its policy and intent to be the promotion of uniformity in the laws of the several party states relating to equipment.
(d) The commission shall send prompt notice of its action in issuing any rule,
regulation or code pursuant to this article to the appropriate motor vehicle agency of each party state and such notice shall contain the complete text of the rule, regulation or code.
(e) If the constitution of a party state requires, or if its statutes provide, the
approval of the legislature by appropriate resolution or act may be made a condition precedent to the taking effect in such party state of any rule, regulation or code. In such event, the commissioner of such party state shall submit any commission rule, regulation or code to the legislature as promptly as may be in lieu of administrative acceptance or rejection thereof by the party state.
(f) Except as otherwise specifically provided in or pursuant to subdivisions
(e) and (g) of this article, the appropriate motor vehicle agency of a party state shall in accordance with its constitution or procedural laws adopt the rule, regulation or code within six months of the sending of the notice, and, upon such adoption, the rule, regulation or code shall have the force and effect of law therein.
(g) The appropriate motor vehicle agency of a party state may decline to
adopt a rule, regulation or code issued by the commission pursuant to this article if such agency specifically finds, after public hearing on due notice, that a variation from the commission's rule, regulation or code is necessary to the public safety, and incorporates in such finding the reasons upon which it is based. Any such finding shall be subject to review by such procedure for review of administrative determinations as may be applicable pursuant to the laws of the party state. Upon request, the commission shall be furnished with a copy of the transcript of any hearings held pursuant to this subdivision.
ARTICLE VI
Finance
(a) The commission shall submit to the executive head or designated officer
or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that party state for presentation to the legislature thereof.
(b) Each of the commission's budgets of estimated expenditures shall
contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The total amount of appropriations under any such budget shall be apportioned among the party states as follows: One-third in equal shares; and the remainder in proportion to the number of motor vehicles registered in each party state. In determining the number of such registrations, the commission may employ such source or sources of information as, in its judgment present the most equitable and accurate comparisons among the party states. Each of the commission's budgets of estimated expenditures and requests for appropriations shall indicate the source or sources used in obtaining information concerning vehicular registrations.
(c) The commission shall not pledge the credit of any party state. The
commission may meet any of its obligations in whole or in part with funds available to it under article III (h) of this compact, provided that the commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under article III (h) hereof, the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
(d) The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its rules. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual reports of the commission.
(e) The accounts of the commission shall be open at any reasonable time for
inspection by duly constituted officers of the party states and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to prevent commission
compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
ARTICLE VII
Conflict of Interest
(a) The commission shall adopt rules and regulations with respect to conflict
of interest for the commissioners of the party states, and their alternates, if any, and for the staff of the commission and contractors with the commission to the end that no member or employee or contractor shall have a pecuniary or other incompatible interest in the manufacture, sale or distribution of motor vehicles or vehicular equipment or in any facility or enterprise employed by the commission or on its behalf for testing, conduct of investigations or research. In addition to any penalty for violation of such rules and regulations as may be applicable under the laws of the violator's jurisdiction of residence, employment or business, any violation of a commission rule or regulation adopted pursuant to this article shall require the immediate discharge of any violating employee and the immediate vacating of membership, or relinquishing of status as a member on the commission by any commissioner or alternate. In the case of a contractor, any violation of any such rule or regulation shall make any contract of the violator with the commission subject to cancellation by the commission.
(b) Nothing contained in this article shall be deemed to prevent a contractor
for the commission from using any facilities subject to his control in the performance of the contract even though such facilities are not devoted solely to work of or done on behalf of the commission; nor to prevent such a contractor from receiving remuneration or profit from the use of such facilities.
ARTICLE VIII
Advisory and Technical Committees
The commission may establish such advisory and technical committees as it
may deem necessary, membership on which may include private citizens and public officials, and may cooperate with and use the services of any such committees and the organizations which the members represent in furthering any of its activities.
ARTICLE IX
Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by any six or
more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until one year after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
ARTICLE X
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
Source: L. 63: p. 591, � 1. C.R.S. 1963: � 74-10-1.
C.R.S. § 24-70-212
24-70-212. Quality of paper. The quality of paper to be used for blanks, stationery, and blank books shall be number one grade flat writing, twenty pound, twenty-five percent rag content bond and number one grade ledger, which shall be furnished by the contractor according to the specifications of the executive director of the department of personnel, unless otherwise specified in the call for bids, as the nature of the job may require.
Source: L. 37: p. 953, � 14. CSA: C. 130, � 79. CRS 53: � 109-2-13. C.R.S.
1963: � 109-2-12. L. 81: Entire section amended, p. 1294, � 26, effective January 1, 1982. L. 96: Entire section amended, p. 1527, � 79, effective June 1.
C.R.S. § 24-70-216
24-70-216. When governor may set aside bid. If the governor has reason to believe that at the letting of any contract for printing or binding the bidding therefor is or has been unfair, fraudulent, or exorbitant or by collusion between any two or more bidders or between any bidder and any other person whatever or if there is any unreasonable delay on the part of any contractor in performing the things required under the terms of such contract, the governor may set aside such bid and cause such contract to be relet if he deems it in the best interest of the state to do so.
Source: L. 37: p. 955, � 19. CSA: C. 130, � 84. CRS 53: � 109-2-18. C.R.S.
1963: � 109-2-16.
C.R.S. § 24-70-218
24-70-218. Attorney general to bring action, when. If any person making any bid or proposal under this part 2 fails or refuses to enter into a contract pursuant to the terms of his or her bid or proposal within the time mentioned in his or her bond presented with such bid or proposal or fails to fulfill his or her contract or if there is any unreasonable delay in performing the things required under the terms of such contract, it is the duty of the executive director of the department of personnel to notify the attorney general of the state, who shall at once bring suit on the bond of such contractor against such contractor and his or her sureties and shall prosecute the same to judgment and final execution.
Source: L. 37: p. 956, � 21. CSA: C. 130, � 86. CRS 53: � 109-2-20. C.R.S.
1963: � 109-2-18. L. 81: Entire section amended, p. 1295, � 29, effective January 1, 1982. L. 96: Entire section amended, p. 1528, � 81, effective June 1.
C.R.S. § 24-70-219
24-70-219. Annulment of contract. Upon the failure or nonperformance in any particular of the terms of any of the contracts on the part of a contractor with the state or for any unreasonable delay in performing the things required under the terms of such contract, the governor may annul the contract in which such default is made, and payment for all work theretofore done by the contractor shall be withheld until the damage to the state is ascertained by proper adjudication, and the executive director of the department of personnel may thereupon readvertise and enter into a contract for the balance of the uncompleted term of any contract so annulled or abrogated in the manner prescribed for contracting by the terms of this part 2.
Source: L. 37: p. 956, � 22. CSA: C. 130, � 87. CRS 53: � 109-2-21. C.R.S.
1963: � 109-2-19. L. 81: Entire section amended, p. 1295, � 30, effective January 1, 1982. L. 96: Entire section amended, p. 1528, � 82, effective June 1.
C.R.S. § 24-72-711
24-72-711. Record sealing - change in the law - conduct no longer prohibited. (1) Pursuant to the timelines in this subsection (1), if a statutory change legalizes previously prohibited conduct, a defendant may file a motion in any case in which a conviction record exists pertaining to the defendant's conviction for an offense that is no longer prohibited by statute and provide notice of the motion to the district attorney. A defendant may file the motion after the date of the final disposition against the defendant or the date of the defendant's release from supervision, whichever is later.
(2) A defendant who makes a motion to have the defendant's criminal
records sealed pursuant to this section is not required to pay any fees or costs associated with sealing the record.
(3) The district attorney may only object to the sealing of a record pursuant
to this section if the district attorney has a good-faith belief that the offense the defendant is seeking to seal is illegal at the time the motion to seal is made. If the district attorney does not object within forty-two days after the date of the motion to seal the record, the court shall order the record sealed regardless of other convictions on the defendant's record.
(4) Notwithstanding the provisions of section 24-72-706 (1)(c), a defendant
who files a motion pursuant to this section shall not be required to submit a verified copy of the defendant's criminal history with the motion. Section 24-72-703 (2)(a)(V) does not apply to conviction records sealed pursuant to this section.
Source: L. 2024: Entire section added, (HB 24-1133), ch. 384, p. 2621, � 7,
effective July 1, 2025.
ARTICLE 72.1
Secure and Verifiable Identity Documents
24-72.1-101. Short title. This article shall be known and may be cited as the
Secure and Verifiable Identity Document Act.
Source: L. 2003: Entire article added, p. 1887, � 1, effective May 22.
24-72.1-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Children means children as defined by 42 U.S.C. sec. 1786 (b).
(2) Infants means infants as defined by 42 U.S.C. sec. 1786 (b).
(3) Public entity means an agency, department, board, division, bureau,
commission, council, or political subdivision of the state.
(4) Public official means an elected or appointed official, an employee, or
an agent of a public entity.
(5) Secure and verifiable document means a document issued by a state or
federal jurisdiction or recognized by the United States government and that is verifiable by federal or state law enforcement, intelligence, or homeland security agencies.
Source: L. 2003: Entire article added, p. 1887, � 1, effective May 22.
24-72.1-103. Identity documents - verifiable. (1) Except as provided in
subsection (3) of this section, a public entity that provides services shall not accept, rely upon, or utilize an identification document to provide services unless it is a secure and verifiable document.
(2) Except as provided in subsection (3) of this section, a public entity that is
issuing an identification card, license, permit, or official document shall not authorize acceptance of an identification document, nor shall a public official acting in an official capacity accept the holder's identification document before issuing official documents, unless the identification document is a secure and verifiable document.
(3) The department of revenue may issue a driver's license, minor driver's
license, instruction permit, or identification card in accordance with part 5 of article 2 of title 42, C.R.S., but the license, permit, or card is not a secure and verifiable document.
Source: L. 2003: Entire article added, p. 1888, � 1, effective May 22. L. 2013:
Entire section amended, (SB 13-251), ch. 402, p. 2354, � 5, effective August 7.
24-72.1-104. Records. Information gathered pursuant to section 24-72.1-105
(2)(a) shall be a public record accessed pursuant to section 24-72-306 unless the subject of the information is a juvenile or the information concerns an ongoing criminal investigation. Such records shall be retained for three years, but may be disposed of after three years.
Source: L. 2003: Entire article added, p. 1888, � 1, effective May 22.
24-72.1-105. Violations - immunity. (1) Actions taken in knowing violation of
this article shall not be protected by governmental immunity provided to public employees by article 10 of this title.
(2) A peace officer who, in the performance of the officer's duties, utilizes
identification that is not secure and verifiable shall not forfeit governmental immunity pursuant to this section if such officer:
(a) Gathers all information from such identification; and
(b) If feasible, according to any applicable law enforcement agency
guidelines, gathers fingerprint information from such person and stores such fingerprints for at least one year as a criminal justice record.
Source: L. 2003: Entire article added, p. 1888, � 1, effective May 22.
24-72.1-106. Applicability. (1) This article 72.1 does not apply to:
(a) A person reporting a crime;
(b) A public entity or official accepting a crime report, conducting a criminal
investigation, accepting an application for the provision of services or providing services to infants and children born in the United States pursuant to 42 U.S.C. sec. 1786, or providing emergency medical service;
(c) A peace officer in the performance of the officer's duties and within the
scope of the officer's employment if the officer complies with section 24-72.1-105 (2);
(d) A person issuing a hunting or fishing license pursuant to article 4 of title
33; or
(e) Instances when a federal law mandates acceptance of a document.
Source: L. 2003: Entire article added, p. 1888, � 1, effective May 22. L. 2020:
Entire section amended, (HB 20-1087), ch. 49, p. 172, � 14, effective March 20.
24-72.1-107. State auditor - report. (Repealed)
Source: L. 2006: Entire section added, p. 1289, � 1, effective August 7. L.
2013: (2) repealed, (SB 13-129), ch. 284, p. 1493, � 4, effective May 24.
Editor's note: Subsection (1)(b) provided for the repeal of subsection (1),
effective July 1, 2009. (See L. 2006, p. 1289.)
ARTICLE 72.3
Prohibiting Inclusion of Social Security Number
24-72.3-101. Definitions. As used in this article, unless the context
otherwise requires:
(1) Public entity means an agency, department, board, division, bureau,
commission, council, authority, special district, or political subdivision of the state or a local government.
Source: L. 2004: Entire article added, p. 1958, � 1, effective August 4.
24-72.3-102. Prohibition - inclusion of social security number - requiring
social security number over the phone, internet, or mail - exceptions. (1) A public entity shall not issue a license, permit, pass, or certificate that contains the holder's social security number, unless the issuing authority determines inclusion of the social security number is necessary to further the purpose of the license, pass, or certificate or inclusion is required by federal or state law.
(2) A public entity shall not request a person's social security number over
the phone, internet, or via mail unless the public entity determines receiving the social security number is required by federal law or is essential to the provision of services by the public entity.
Source: L. 2004: Entire article added, p. 1958, � 1, effective August 4.
ARTICLE 72.4
Revenue and Expenditure
Web-based System
24-72.4-101. Legislative declaration. (1) The general assembly hereby finds
and declares that:
(a) Taxpayers should be able to easily access the details of the state's
finances, including how much revenue the state receives and how that revenue is spent;
(b) On April 2, 2009, the governor issued an executive order that created the
transparency online project;
(c) The transparency online project is a free, searchable web-based system
providing easy access to information about the state's revenues and expenditures;
(d) The transparency online project is an important first step in providing a
more transparent and accountable state government; and
(e) The purpose of this legislation is to improve the system created by the
executive order.
(2) Now, therefore, it is the intent of the general assembly that the web-based system established by the governor's executive order be modified as set
forth in this article.
(3) (a) The general assembly further finds and declares that:
(I) Only a limited number of the department of transportation's transactions
are included in the state's official book of record and, accordingly, most of its revenues and expenditures are not included in the web-based system;
(II) Because of accounting and information technology differences, it is not
feasible to fully assimilate the department of transportation into the web-based system; and
(III) Taxpayers should still be able to access the details of the department of
transportation's finances.
(b) Now, therefore, it is the intent of the general assembly that the
department of transportation be required to create and maintain a searchable, online revenue and expenditure database and that such information should be accessible through the web-based system.
(4) The general assembly further finds and declares that the web-based
system, known as the transparency online project, has made state government more transparent and accountable and that county taxpayers are entitled to the same access to information. Now, therefore, it is the intent of the general assembly to expand the system to include revenue and expenditure data for counties.
Source: L. 2009: Entire article added, (HB 09-1288), ch. 439, p. 2430, � 1,
effective August 5. L. 2011: (3) added, (HB 11-1002), ch. 263, p. 1144, � 1, effective August 10. L. 2016: (4) added, (HB 16-1230), ch. 115, p. 325, � 1, effective August 10.
24-72.4-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Challenger means an individual who challenges an exclusion of
information from the web-based system by sending written notice to a state agency in accordance with section 24-72.4-103 (2)(a).
(2) Chief information officer means the chief information officer appointed
pursuant to section 24-37.5-103.
(3) County means any county in the state and includes a city and county.
(4) Online database means the searchable, online revenue and expenditure
database developed, maintained, and made publicly available by the department of transportation pursuant to section 24-72.4-105.
(5) Spending agency means any county office, unit, department, board,
commission, or institution that is responsible for any particular expenditures or revenues, as identified by the county for purposes of the Local Government Budget Law of Colorado, part 1 of article 1 of title 29, C.R.S.
(6) State agency means any department, division, board, bureau,
commission, institution, or agency of the state for which account balances are maintained on the state's official book of record.
(7) State's official book of record means the electronic database
commonly known as the Colorado financial reporting system that is maintained by the office of information technology on behalf of the state controller pursuant to the authority set forth in section 24-30-202.
(8) Unstructured data field means a data element in the state's official
book of record for which the content is not selected from a predetermined set of options and the preparer of the transaction is allowed to enter any combination of characters or symbols.
(9) Web-based system means the searchable web-based system that
provides access to:
(a) Descriptions of revenues and expenditures recorded in the state's official
book of record that, in accordance with executive order 007-09, is developed and maintained by the chief information officer, in consultation with the state controller; and
(b) Descriptions of revenues and expenditures that a county provides to the
chief information officer.
Source: L. 2009: Entire article added, (HB 09-1288), ch. 439, p. 2431, � 1,
effective August 5. L. 2010: (1) amended and (1.2), (1.4), (1.6), and (1.8) added, (HB 10-1393), ch. 329, p. 1519, � 1, effective May 27. L. 2011: (1.3) added, (HB 11-1002), ch. 263, p. 1145, � 2, effective August 10. L. 2016: Entire section amended, (HB 16-1230), ch. 115, p. 325, � 2, effective August 10.
24-72.4-103. Web-based system - enhancements - procedure for
challenging exclusions. (1) The department of personnel shall modify the web-based system to meet the following requirements:
(a) Except as set forth in paragraphs (g) and (i) of this subsection (1), the
state expenditures and revenues data included in the web-based system shall be the expenditure and revenue data included in the state's official book of record;
(b) The web-based system shall be accessible from the website maintained
by the state, and each state agency with a website shall provide a link on the website home page to the system;
(c) The information on the web-based system shall be updated every five
business days to include new expenditure and revenue data;
(d) The web-based system reports shall be available for download in a
structured data format, such as extensible markup language;
(e) The web-based system shall include a method for users to provide
feedback about the system;
(f) The web-based system shall include archived revenue and expenditure
data for the ten prior state fiscal years; except that no data shall be required for any state fiscal year prior to July 1, 2009, and, for the 2009-10 state fiscal year only, no state revenue data shall be required to be archived;
(g) The web-based system shall not include the following information:
(I) Any information that is not a public record or that is exempt from
disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of this title, or pursuant to part 3 of article 72 of this title;
(II) Any information that is confidential pursuant to state or federal law;
(III) Any information contained in an unstructured data field; or
(IV) Any information that the chief financial officer of a state agency or the
director or head of a state agency requests to not be disclosed because the potential injury to the public interest arising from the disclosure of such information on the web-based system outweighs the public interest in having such information publicly available on the web-based system. For purposes of this subparagraph (IV), the public interest arising from the disclosure of information shall include the protection of the privacy, safety, and security of individuals.
(h) For any information excluded from the web-based system pursuant to
paragraph (g) of this subsection (1), the web-based system shall include:
(I) A description of the information excluded;
(II) The basis for exclusion; and
(III) The state agency that requested the exclusion;
(i) Regardless of the form of the data in the state's official book of record,
the web-based system may provide access to aggregated information where:
(I) Access to each individual transaction is likely to hinder, rather than foster,
the goal of accountability and transparency;
(II) An individual transaction includes information that is only partially
excludable pursuant to paragraph (g) of this subsection (1); or
(III) An accounting code contained in the state's official book of record
includes both includable and excludable transactions pursuant to paragraph (g) of this subsection (1);
(j) The web-based system shall include a link to the online database; and
(k) Repealed.
(l) The web-based system must include, for any expenditure made to pay a
vendor, the legal name of the vendor paid; except that the web-based system is not required to include the legal name of the vendor if the state agency has determined that the public interest is best served by excluding the legal name of the vendor or that including the legal name of the vendor is otherwise prohibited by law. When included in the web-based system, the legal name of the vendor must be included without redaction.
(2) (a) An individual may challenge the exclusion of information from the
web-based system pursuant to paragraph (g) of subsection (1) of this section by sending written notice to the state agency that requested the exclusion. The notice shall set forth the basis for challenging the exclusion and shall cite this section.
(b) Within thirty calendar days of receiving a challenge to an exclusion
pursuant to paragraph (a) of this subsection (2), the state agency receiving the challenge shall respond in writing to the challenger. In the response, the state agency may:
(I) Agree to withdraw the exclusion;
(II) Deny the challenge; or
(III) Agree to withdraw the exclusion, in part, and deny the challenge, in part.
(c) If, in response to the challenge, the state agency agrees to withdraw the
exclusion, in whole or in part, then the state agency shall inform the state controller in writing within two working days of the date the response is sent to a challenger pursuant to paragraph (b) of this subsection (2), and the state controller shall make the appropriate information available on the web-based system promptly, which in no case shall be later than ten working days of receipt.
(d) If the state agency denies a challenge brought pursuant to paragraph (a)
of this subsection (2), in whole or in part, or fails to respond to a challenge in writing within thirty calendar days, then a challenger may apply to the district court for the city and county of Denver for an order directing the state agency denying the challenge to show cause why the challenged exclusion is proper; except that an action may not be initiated pursuant to this paragraph (d) if a state agency has first initiated an action pursuant to paragraph (e) of this subsection (2) with respect to the same exclusion. Upon a finding that information was improperly excluded from the web-based system, the court shall order the state agency to withdraw the exclusion and the state controller to make the excluded information available on the web-based system. In order to prevail in an application brought under this paragraph (d), a challenger shall bear the burden of proving by a preponderance of the evidence that the office or agency improperly excluded information from the web-based system.
(e) If the state agency, acting in good faith and after receiving notice of a
challenge pursuant to paragraph (a) of this subsection (2), is unable to determine whether exclusion of information on the web-based system is proper pursuant to paragraph (g) of subsection (1) of this section, the state agency may apply to the district court for an order permitting the state agency to exclude information from the web-based system or for the court to determine that the exclusion is prohibited. In an action brought pursuant to this paragraph (e), the burden of proof shall be upon the state agency asserting the exclusion to prove by a preponderance of the evidence that the information may be properly excluded from the web-based system. A challenger shall have notice of the action served upon him or her in the manner provided for service of process by the Colorado rules of civil procedure and shall have the right to appear and be heard.
(f) (I) Except as set forth in subparagraph (II) of this paragraph (f), if a court
determines that a state agency improperly excluded information from the web-based system, the court shall award reasonable attorney fees and costs to a challenger who appears in the court proceeding.
(II) The attorney fees provision of subparagraph (I) of this paragraph (f) shall
not apply in cases brought pursuant to paragraph (e) of this subsection (2) if the court finds that the state agency acted in good faith and, after exercising reasonable diligence and making reasonable inquiry, was unable to determine if exclusion from the web-based system was proper without a ruling by the court.
Source: L. 2009: Entire article added, (HB 09-1288), ch. 439, p. 2431, � 1,
effective August 5. L. 2010: IP(1), (1)(a), (1)(d), (1)(f), and (1)(g) amended and (1)(h), (1)(i), and (2) added, (HB 10-1393), ch. 329, pp. 1520, 1521, �� 2, 3, effective May 27. L. 2011: (1)(j) added, (HB 11-1002), ch. 263, p. 1145, � 3, effective August 10. L. 2016: (1)(j) amended and (1)(k) added, (HB 16-1230), ch. 115, p. 326, � 3, effective August 10. L. 2022: IP(1), (1)(j), and (1)(k) amended and (1)(l) added, (HB 22-1108), ch. 107, p. 493, � 1, effective August 10. L. 2024: (1)(j) amended and (1)(k) repealed, (SB 24-135), ch. 34, p. 114, � 23, effective March 22.
24-72.4-104. Information in web-based system - limit on duty. (1) The chief
information officer and the state controller may reasonably rely upon representations by a state agency in determining what information to include in the web-based system, and neither the chief information officer nor the state controller shall have a duty to independently review the information for compliance with this article 72.4 prior to posting the information on the web-based system.
(2) The limitation on duty set forth in subsection (1) of this section shall be in
addition to any limitation on duty and liability provided by the Colorado Governmental Immunity Act, article 10 of this title.
Source: L. 2010: Entire section added, (HB 10-1393), ch. 329, p. 1522, � 4,
effective May 27. L. 2016: (1) amended, (HB 16-1230), ch. 115, p. 326, � 4, effective August 10. L. 2024: (1) amended, (SB 24-135), ch. 34, p. 113, � 21, effective March 22.
24-72.4-105. Department of transportation - revenue and expenditure -
online database - link to web-based system. (1) No later than July 1, 2012, the department of transportation shall develop, maintain, and make publicly available a searchable, online revenue and expenditure database.
(2) The online database must:
(a) Include the following information for all revenues received by the
department of transportation:
(I) The amount received;
(II) The date of receipt;
(III) The source of the moneys; except that the identity of an individual
making a payment to the department of transportation should not be included;
(IV) The reason for the payment;
(V) The fund in which the moneys are deposited; and
(VI) The program for which the moneys are received;
(b) (I) Except as set forth in subparagraph (II) of this paragraph (b), include
the following information for each expenditure made by the department of transportation:
(A) The amount of moneys expended;
(B) The date of the transaction;
(C) The vendor that received the payment;
(D) The purchase category; and
(E) The fund from which the expenditure was made;
(II) Include only the following information about payments made to each
employee of the department of transportation:
(A) The personnel area of the employee;
(B) The employee's job title; and
(C) The gross year-to-date payments made to the employee;
(c) Be searchable;
(d) Be updated at least every five business days to include new expenditure
and revenue data;
(e) Beginning on July 1, 2013, include archived revenue and expenditure data
for the prior state fiscal year only.
(3) The online database must not include:
(a) Any information that is not a public record or that is exempt from
disclosure pursuant to the Colorado Open Records Act, part 2 of article 72 of this title, or pursuant to part 3 of article 72 of this title; or
(b) Any information that is confidential pursuant to state or federal law.
(4) The department of transportation may include any other information that
the department determines will increase transparency.
Source: L. 2011: Entire section added, (HB 11-1002), ch. 263, p. 1145, � 4,
effective August 10.
24-72.4-106. County - revenue and expenditure data - inclusion.
(Repealed)
Source: L. 2016: Entire section added, (HB 16-1230), ch. 115, p. 327, � 5,
effective August 10. L. 2024: Entire section repealed, (SB 24-135), ch. 34, p. 113, � 22, effective March 22.
GOVERNMENTAL ACCESS TO NEWS INFORMATION
ARTICLE 72.5
Governmental Access to News Information
24-72.5-101. Legislative declaration. The general assembly finds that an
informed citizenry, which results from the free flow of information between citizens and the mass media, and the preservation of news information sources for the mass media is of vital concern to all people of the state of Colorado and that the interest of the state in such area is so great that the state shall retain jurisdiction over the use of any subpoena power or the exercise of any other authority by any governmental entity to obtain news information or the identification of the source of such information within the knowledge or possession of newspersons, which is hereby declared to be a matter of statewide concern.
Source: L. 90: Entire article added, p. 1264, � 2, effective April 16.
24-72.5-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Governmental entity means the state and any state agency or
institution, county, city and county, incorporated city or town, school district, special improvement district, authority, and every other kind of district, instrumentality, or political subdivision of the state organized pursuant to law. Governmental entity shall include entities governed by home rule charters.
(2) Mass medium means any publisher of a newspaper or periodical; wire
service; radio or television station or network; news or feature syndicate; or cable television system.
(3) News information means any knowledge, observation, notes,
documents, photographs, films, recordings, videotapes, audiotapes, and reports, and the contents and sources thereof, obtained by a newsperson while engaged as such, regardless of whether such items have been provided to or obtained by such newsperson in confidence.
(4) Newsperson means any member of the mass media and any employee
or independent contractor of a member of the mass media who is engaged to gather, receive, observe, process, prepare, write, or edit news information for dissemination to the public through the mass media.
(5) Press conference means any meeting or event called for the purpose of
issuing a public statement to members of the mass media, and to which members of the mass media are invited in advance.
(6) Proceeding means any investigation, hearing, or other process for
obtaining information conducted by, before, or under the authority of any executive or administrative body, panel, or officer of the state of Colorado or any city, county, city and county, or other political subdivision of the state. Such term shall not include any investigation, hearing, or other process for obtaining information conducted by, before, or under the authority of the general assembly.
(7) Source means any person from whom or any means by or through which
news information is received or procured by a newsperson, regardless of whether such newsperson was requested to hold confidential the identity of such person or means.
Source: L. 90: Entire article added, p. 1264, � 2, effective April 16.
24-72.5-103. Compelled disclosure of news information - privilege. (1)
Notwithstanding any other provision of law to the contrary, and except as otherwise provided by section 24-72.5-104, no newsperson shall, without the express consent of such newsperson, be compelled to disclose, be examined concerning refusal to disclose, or be subject to any process to compel disclosure or to impose any sanction for nondisclosure in connection with any proceeding of a governmental entity for refusal to disclose any news information received, observed, procured, processed, prepared, written, or edited by a newsperson, while acting in the capacity of a newsperson; except that the privilege of nondisclosure shall not apply to the following:
(a) News information received at a press conference;
(b) News information that has actually been published or broadcasted
through the mass media;
(c) News information based on a newsperson's personal observation of the
commission of an act which, under any statute, law, or ordinance, is deemed to be a criminal offense if substantially similar news information cannot reasonably be obtained by any other means;
(d) News information based on a newsperson's personal observation of the
commission of a class 1, 2, or 3 felony.
Source: L. 90: Entire article added, p. 1265, � 2, effective April 16.
24-72.5-104. Limit of nondisclosure privilege for newsperson. (1)
Notwithstanding the privilege of nondisclosure established in section 24-72.5-103, a governmental entity otherwise authorized by law to issue or obtain subpoenas may subpoena a newsperson in order to obtain news information by establishing, by a preponderance of the evidence:
(a) That the news information is directly relevant to a substantial issue
involved in the proceeding;
(b) That the news information cannot be obtained by any other reasonable
means; and
(c) That a strong interest of the party seeking to subpoena the newsperson
outweighs the interests under the first amendment to the United States constitution of such newsperson in not responding to a subpoena and of the general public in receiving news information.
Source: L. 90: Entire article added, p. 1265, � 2, effective April 16.
24-72.5-105. Waiver of privilege. The privilege of nondisclosure established
in section 24-72.5-103 may be waived only by the voluntary testimony or disclosure of a newsperson that directly addresses the news information or identifies the source of such news information sought by a governmental entity. A publication or broadcast of a news report through the mass media concerning the subject area of the news information sought, but which does not directly address the news information sought by such governmental entity, shall not be deemed a waiver of the privilege of nondisclosure as to such specific news information.
Source: L. 90: Entire article added, p. 1265, � 2, effective April 16.
24-72.5-106. Ability to obtain search warrant not affected. Nothing in this
article shall preclude the issuance of a search warrant pursuant to the federal Privacy Protection Act of 1980, 42 U.S.C. sec. 2000aa.
Source: L. 90: Entire article added, p. 1266, � 2, effective April 16.
SECURITY BREACHES AND PERSONAL INFORMATION
ARTICLE 73
Security Breaches and Personal Information
C.R.S. § 24-75-232
24-75-232. Infrastructure Investment and Jobs Act cash fund - creation - allowable uses - report - compliance monitoring - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:
(a) The federal government enacted with bipartisan support the
Infrastructure Investment and Jobs Act, which includes five hundred fifty billion dollars in federal funds for new infrastructure investments nationwide;
(b) Approximately two hundred programs identified in the federal act may be
relevant to Colorado and initial estimates show the state could receive between approximately three billion four hundred million dollars and six billion eight hundred million dollars in new federal funding for infrastructure investments, with significant funding subject to nonfederal match requirements;
(c) With these available federal funds, Colorado has the opportunity to make
significant progress on its infrastructure goals that can create positive impacts for Coloradans across the state;
(d) In order for the state to be competitive for the highest range of funding
available to it under the federal act, it is necessary for departments to have funding available as a nonfederal match, although due to still-evolving federal guidance the amounts needed and specific types of projects may not be known in time for this money to be appropriated in the annual general appropriation act;
(d.5) With the passage of the Inflation Reduction Act and the
Infrastructure Investment and Jobs Act, billions of dollars in federal money is available to help public schools improve air quality in schools, student performance, and staff retention; and
(e) The general assembly desires the money in the Infrastructure
Investment and Jobs Act cash fund to be allocated as follows; except that the anticipated percentages may change dependent on need and guidance developed by the federal government for implementation of the federal act:
(I) Thirty-five percent for transportation programs;
(II) Twenty-five percent for water, environmental, and resiliency programs;
(III) Twenty-five percent for power, grid, and broadband programs;
(IV) Ten percent for local match support; and
(V) Five percent for grant writing support, administrative support, and
project planning.
(2) As used in this section, unless the context otherwise requires:
(a) Department means a principal department of the state as identified in
section 24-1-110 and the office of the governor, including any offices created therein.
(b) Fund means the Infrastructure Investment and Jobs Act cash fund
created in subsection (3) of this section.
(b.5) Inflation Reduction Act means the federal Inflation Reduction Act of
2022, Pub.L. 117-169, as the act may be subsequently amended.
(c) Infrastructure Investment and Jobs Act or federal act means the
federal Infrastructure Investment and Jobs Act, Pub.L. 117-58, as the act may be subsequently amended.
(d) Local government means a county, a municipality, a city and county, a
local education provider, or a special district.
(e) Office means the office of the governor.
(3) The Infrastructure Investment and Jobs Act cash fund is hereby created
in the state treasury. The fund consists of money credited or transferred to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund.
(4) (a) (I) No later than three days after June 7, 2022, the state treasurer shall
transfer eighty million two hundred fifty thousand dollars from the general fund to the fund.
(II) On July 1, 2023, the state treasurer shall transfer eighty-four million
dollars from the general fund to the fund.
(III) On July 1, 2025, the state treasurer shall transfer four million dollars
from the general fund to the fund.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) On June 30, 2028, the state treasurer shall transfer all unexpended
money in the fund to the general fund.
(d) The office may seek, accept, and expend gifts, grants, or donations from
private or public sources for the purposes of subsection (5)(e) of this section. The office shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund for use for the purposes of subsection (5)(e) of this section.
(5) (a) Subject to approval by the governor, a department may expend money
in the fund as the matching nonfederal funding for infrastructure projects pursuant to requirements of the Infrastructure Investment and Jobs Act or subsequent federal infrastructure legislation for the following categories:
(I) Transportation infrastructure projects as set forth in the federal act;
(II) Water, environmental, and resiliency projects as set forth in the federal
act;
(III) Power, grid, and broadband projects as set forth in the federal act; and
(IV) Any other infrastructure project explicitly funded and set forth in the
federal act.
(b) In addition to the uses set forth in subsection (5)(a) of this section:
(I) Subject to approval by the governor, a department may expend money in
the fund to provide matching nonfederal funds to a local government or a federally recognized Indian tribe for match uses directed under the federal act; and
(II) The office may expend money from the fund to provide grant writing
support, project planning support for federal funding opportunities in connection with the Infrastructure Investment and Jobs Act and related federal funding opportunities including funding opportunities from the Inflation Reduction Act, and for administrative needs in processing applications for money from the fund and disbursing money awarded from the fund in accordance with this section.
(c) Subject to annual appropriation by the general assembly, a department
and the office may expend money from the fund for the purposes set forth in this subsection (5).
(d) Before a departmental expenditure from the fund, the office shall
develop a process for departments to apply to expend money from the fund for infrastructure projects that require nonfederal match funds in order to be eligible for federal approval to receive federal funding for the infrastructure project under the Infrastructure Investment and Jobs Act and a process for reviewing and approving applications.
(e) In addition to the uses set forth in subsections (5)(a) and (5)(b) of this
section, and notwithstanding subsection (1)(e) of this section, the office may expend the money in the fund at the governor's discretion for the following purposes:
(I) Hiring and employing personnel or retaining contractors for purposes
related to federal government actions that impact federal disbursements, grants, contracts, or money received by or transferred to the state;
(II) Reimbursing the department of law for costs associated with special
assistant attorneys general, pursuant to sections 24-31-101 and 24-31-111 (5), contracted with for the purposes of:
(A) Providing legal services to state officers or employees related to legal
proceedings, inquiries, hearings, or investigations initiated, pursued, or threatened by the federal government, including congressional inquiries and investigations; or
(B) Providing legal services for the criminal defense of state officers or
employees in legal actions arising out of official acts or decisions; or
(III) Other expenditures consistent with the purposes of this section, as
determined by the governor, including expenditures to preserve and protect state sovereignty or federal funding streams that benefit the state.
(6) Any department expending money from the fund shall include
information regarding amounts expended and anticipated to be expended and information on the specific infrastructure project or projects the money has been or is anticipated to be expended on in the department's annual presentation to joint committees of reference pursuant to section 2-7-203.
(7) (a) On or before October 1, 2022, and on a quarterly basis beginning on
July 1, 2023, of every year thereafter, the office shall submit a report to the joint budget committee of the general assembly, the senate committee on transportation and energy or any successor committee, and the house of representatives committees on transportation and local government and energy and environment or any successor committees. The report must include:
(I) Information, organized by department and priority funding category, on
awards that have been made pending federal approval including the amount of money awarded from the fund, the federal funds anticipated to be received upon federal approval, and any other funding sources anticipated;
(II) Information, organized by department and priority funding category, on
awards that have been made and received federal approval including the amount of money awarded from the fund, the federal funds authorized, and any other funding sources authorized, received, or anticipated; and
(III) Actual expenditures by department for amounts awarded from the fund.
(b) In addition to the information required pursuant to subsection (7)(a) of
this section, the office shall include in its first report due on or before October 1, 2022, information on the process that it has established for receiving and reviewing applications pursuant to subsection (5)(d) of this section and any recommendations for legislative changes for purposes of implementing the provisions of this section.
(c) Any department applying for an award of money from the fund must
provide the office with the information necessary for the report required by this subsection (7) and comply with any request from the office for the information.
(7.5) If a local education provider undertakes HVAC infrastructure
improvements at a school using money from the fund, a department's grant agreement compliance monitoring shall consist of the following:
(a) Inclusion of a clause in the award agreement that the local education
provider must comply with section 22-32-153; and
(b) A requirement that a local education provider make a certification at the
end of the grant period that the local education provider is in compliance with section 22-32-153.
(8) This section is repealed, effective July 1, 2028. Any unexpended and
unencumbered money remaining in the fund upon the repeal of this section reverts to the general fund.
Source: L. 2022: Entire section added, (SB 22-215), ch. 415, p. 2925, � 1,
effective June 7. L. 2023: (2)(b.5) added and (3), (4)(a), (5)(b)(II), and IP(7)(a) amended, (SB 23-283), ch. 240, p. 1291, � 1, effective May 22. L. 2025: (4)(a)(III) added, (SB 25-269), ch. 146, p. 558, � 1, effective April 28; (4)(d) and (5)(e) added and (8) amended, (HB 25-1321), ch. 206, p. 932, � 1, effective May 16; (1)(d), (2)(d), and IP(5)(a) amended and (1)(d.5) and (7.5) added, (HB 25-1245), ch. 400, p. 2271, � 8, effective August 6.
Cross references: For the legislative declaration in HB 25-1245, see section 1
of chapter 400, Session Laws of Colorado 2025.
PART 3
CAPITAL CONSTRUCTION FUND
Cross references: For expenditure of receipts from fire or other insured loss,
see � 24-30-202 (21).
C.R.S. § 24-76-104
24-76-104. Reporting of federal funds. (1) Notwithstanding section 24-1-136 (11)(a), the state controller shall submit an annual report to the joint budget committee of all expenditures of federal funds by each state agency during the most recent state fiscal year, beginning with the state fiscal year 2020-21. The state controller shall consult with joint budget committee staff to determine the timing, format, and content of the report.
(2) The state controller shall post the reports required by subsection (1) of
this section on the state controller's website.
(3) The report required by this section is in addition to the reporting
requirement set forth in section 24-76-102.
Source: L. 2020: Entire section added, (HB 20-1426), ch. 306, p. 1559, � 11,
effective July 14. L. 2021: (1) and (2) amended, (SB 21-288), ch. 221, p. 1169, � 3, effective June 11.
ACCESS TO PUBLIC BENEFITS
ARTICLE 76.5
Access to Public Benefits
Editor's note: (1) This article 76.5 was added in 2006. It was repealed and
reenacted in 2021, effective July 1, 2022, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 76.5 prior to 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Sections 24-76.5-102 and 24-76.5-103 were amended in HB 21-1054, SB
21-077, and section 1 of SB 21-199. Those amendments were superseded by the repeal and reenactment of this article 76.5 in section 2 of SB 21-199, effective July 1, 2022.
Law reviews: For article, 2006 Immigration Legislation in Colorado, see 35
Colo. Law. 79 (Oct. 2006).
24-76.5-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) People who immigrated to the United States and live in Colorado are
essential members of our communities;
(b) Every day, the state benefits from the contributions of undocumented
immigrants to our society. Immigrants hold jobs that are critical to our economy and communities, and in some industries comprise more than one-third of the workforce. Immigrants make our tourism industry run; build our buildings; lay our roads; provide in-home care to our seniors, children, and people with disabilities; bring food to our tables; and bring food to our doorsteps.
(c) Immigrants comprise over nine percent of Colorado's population and
contribute to the economy through the labor force and as consumers and taxpayers. In 2019, immigrants in Colorado paid almost six billion dollars in local, state, and federal taxes. In Colorado, undocumented immigrants pay nearly two hundred seventy-five million dollars in federal taxes and more than one hundred fifty million dollars in state and local taxes annually.
(d) These hardworking Coloradans are diverse and are often a part of a
mixed-status family. In Colorado:
(I) The estimated population of undocumented immigrants is one hundred
sixty-two thousand, and this number represents approximately eight percent of children under sixteen years of age;
(II) Additionally, an estimated two hundred seventy-six thousand five
hundred eighty-nine Coloradans live with a family member who is an undocumented immigrant, including one hundred thirty thousand nine hundred fifty-eight children; and
(III) Children from immigrant families are disproportionately more likely to be
from a low-income household.
(e) The 2006 special legislative session facilitated the passage of anti-immigrant legislation that left behind immigrant families, citizen families
experiencing homelessness, and persons fleeing from domestic violence without the necessary public benefits, including professional and occupational licenses. Because of these policies, state and local agencies believed that they were required to verify the lawful presence of applicants for public benefits, including professional, occupational, and commercial licenses, above and beyond what is required in federal law.
(f) Undocumented immigrants who do not have the required documents to
establish lawful presence are prevented in many circumstances from applying for such licenses, which, in turn, prevents these persons from fully participating in Colorado's economy and accessing state and local public benefits, including loans; grants; contracts; programs that address food, housing, and energy; and other benefits.
(g) Undocumented immigrants are ineligible for most federal benefits and
were excluded from receiving federal stimulus money provided in the federal CARES Act Pub.L. 116-136, 134 Stat. 281 (2020), as amended. Local communities were restricted from providing their residents with crucial relief during the COVID-19 pandemic because of these anti-immigrant laws.
(h) In 2018, various industries including child care, agriculture, health care,
K-12 education, and transportation averaged between one and two and one-half job openings per every unemployed worker, demonstrating a high need for a larger labor pool and workforce that can fill these gaps through contracting and small business development; and
(i) Protecting the well-being of these members of our communities and
facilitating their access to important public benefits and opportunities, particularly during a global health crisis, makes our communities healthier, stronger, and more prosperous.
(2) Therefore, the general assembly declares it is the public policy of the
state of Colorado that we ensure that our state-funded programs are not denied to people based on their immigration status.
(3) This article 76.5 does not affect federal public benefits. In the event a
provision of this article 76.5 conflicts with federal law, federal law controls. Furthermore, while article 76.5 does not require lawful presence for local public benefits, it does not diminish any authority a local government may have to budget to meet the needs of its residents.
Source: L. 2021: Entire article R&RE, (SB 21-199), ch. 351, p. 2279, � 2,
effective July 1, 2022.
24-76.5-102. Definition. As used in this article 76.5, unless the context
otherwise requires, state or local public benefits shall have the same meaning as provided in 8 U.S.C. sec. 1621.
Source: L. 2021: Entire article R&RE, (SB 21-199), ch. 351, p. 2281, � 2,
effective July 1, 2022.
24-76.5-103. Lawful presence consideration prohibited. Notwithstanding
any law to the contrary, pursuant to 8 U.S.C. sec. 1621 (d), on or after July 1, 2022, lawful presence is not a requirement of eligibility for state or local public benefits, as those state or local public benefits are distributed by any state agency, political subdivision as defined by section 29-1-202 (2), or home rule municipality.
Source: L. 2021: Entire article R&RE, (SB 21-199), ch. 351, p. 2281, � 2,
effective July 1, 2022.
24-76.5-104. Natural medicine consumption consideration prohibited -
exception. Consideration of whether a person performs or has performed an action that is lawful pursuant to section 18-18-434, article 170 of title 12, or article 50 of title 44 is not a requirement for eligibility for a public assistance program, unless consideration is required pursuant to federal law.
Source: L. 2023: Entire section added, (SB 23-290), ch. 249, p. 1421, � 39,
effective July 1.
Editor's note: This section is similar to former � 12-170-109 (6) as it existed
prior to 2023.
PRIORITIZING STATE ENFORCEMENT OF CIVIL IMMIGRATION LAW
ARTICLE 76.6
Prioritizing State Enforcement of
Civil Immigration Law
Cross references: For the legislative declaration in HB 19-1124, see section 1
of chapter 299, Session Laws of Colorado 2019.
24-76.6-101. Definitions. As used in this article 76.6, unless the context
otherwise requires:
(1) Civil immigration detainer means a request for federal immigration
enforcement to law enforcement officers to arrest or detain an individual or to maintain custody of an individual beyond the time when the individual is eligible for release from custody, including a request for law enforcement agency action, warrant for arrest of alien, order to detain or release alien, or warrant of removal or deportation on a form promulgated by federal immigration enforcement.
(1.5) Detention facility means a correctional facility, as defined in section
17-1-102; local jail, as defined in section 17-1-102; multijurisdictional jail, as defined in section 17-26.5-101; or municipal jail, as described in section 31-15-401 (1)(j).
(2) Eligible for release from custody means that an individual may be
released from custody because one of the following conditions has occurred:
(a) All criminal charges against the individual have been dropped or
dismissed;
(b) The individual has been acquitted of all criminal charges filed against him
or her;
(c) The individual has served all the time required for his or her sentence;
(d) The individual has posted a bond or has been released on his or her own
recognizance;
(e) The individual has been referred to pretrial diversion services; or
(f) The individual is otherwise eligible for release under state or municipal
law.
(2.3) Governmental entity has the same meaning as set forth in section 24-76.7-101.
(2.7) Immigration enforcement operation means an operation in which the
primary objective is the identification or apprehension of a person or persons to:
(a) Subject them to civil immigration detention, removal, or deportation
proceedings, or removal or deportation from the United States; or
(b) Criminally prosecute them for offenses related to their immigration
status.
(3) Law enforcement officer means a peace officer described in article 2.5
of title 16, while acting in the peace officer's employment capacity, whether elected or appointed or whether employed full-time, part-time, or temporarily.
(4) Personal information means any confidential identifying information
about an individual, including but not limited to home or work contact information; family or emergency contact information; probation meeting date and time; community corrections locations; community corrections meeting date and time; or the meeting date and time for criminal court-ordered classes, treatment, and appointments.
Source: L. 2019: Entire article added, (HB 19-1124), ch. 299, p. 2760, � 2,
effective May 28. L. 2025: (1) and (3) amended and (1.5), (2.3), and (2.7) added, (SB 25-276), ch. 240, p. 1219, � 14, effective May 23.
Cross references: For the legislative declaration in SB 25-276, see section 1
of chapter 240, Session Laws of Colorado 2025.
24-76.6-102. Civil immigration detainers - legislative declaration. (1) The
general assembly finds and declares that:
(a) Federal immigration authorities at times submit requests to state and
local law enforcement agencies to detain an inmate after the inmate is eligible for release from custody. Continued detention of an inmate under a federal civil immigration detainer constitutes a new arrest under state law and a seizure under the fourth amendment of the United States constitution.
(b) Requests for civil immigration detainers, or any other requests to arrest
or detain a person for immigration enforcement, are not warrants under Colorado law. A warrant is a written order by a judge directed to a law enforcement officer commanding the arrest of the person named, as defined in section 16-1-104 (18). None of the civil immigration detainer requests received from the federal immigration authorities are reviewed, approved, or signed by a judge as required by Colorado law. The continued detention of an inmate at the request of federal immigration authorities beyond when he or she would otherwise be released constitutes a warrantless arrest, which is unconstitutional, People v. Burns, 615 P.2d 686, 688 (Colo. 1980).
(2) (a) A law enforcement officer shall not arrest or detain an individual on
the basis of a civil immigration detainer. For the purpose of this subsection (2), detain includes the denial or delay of release from custody for immigration enforcement operations or for immigration enforcement purposes.
(b) If an individual has posted bond and the bond has been processed, the
continued detainment of the individual on the basis of a civil immigration detainer is a new, warrantless arrest.
(2.5) A law enforcement officer shall not command or request a private
citizen to assist in the arrest or detainment of an individual on the basis of a civil immigration detainer.
(3) The authority of law enforcement is limited to the express authority
granted in state law.
(4) Nothing in this section precludes any law enforcement officer or
employee from cooperating or assisting federal immigration enforcement authorities in the execution of a warrant issued by a federal judge or magistrate or honoring any writ issued by any state or federal judge concerning the transfer of a prisoner to or from federal custody.
(5) Nothing in this section precludes any law enforcement officer from
investigating or enforcing any criminal law or from participating in coordinated law enforcement actions with federal law enforcement agencies in the enforcement of local, state, or federal criminal laws.
Source: L. 2019: Entire article added, (HB 19-1124), ch. 299, p. 2761, � 2,
effective May 28. L. 2025: (1)(b) and (2) amended and (2.5) added, (SB 25-276), ch. 240, p. 1219, � 15, effective May 23.
Cross references: For the legislative declaration in SB 25-276, see section 1
of chapter 240, Session Laws of Colorado 2025.
24-76.6-103. Limitations on providing personal information by probation
offices. (1) (a) A probation officer, probation department employee, pretrial officer, or pretrial services office employee shall not provide personal information about an individual to federal immigration authorities.
(b) For purposes of this subsection (1), pretrial officer or pretrial services
office employee includes an agent of a pretrial services office when acting on behalf of, or at the direction of, a pretrial services office in their capacity as an agent of a pretrial services office.
(2) Nothing in section 24-76.6-102 prevents law enforcement officers from
coordinating telephone or video interviews between federal immigration authorities and individuals incarcerated in any county or local jail or other custodial facility, to the same extent as telephone or video contact with such individuals is allowed by the general public, if the individual has been advised, in the individual's language of choice, of certain information in writing, including but not limited to:
(a) The interview is being sought by federal immigration authorities;
(b) The individual has the right to decline the interview and remain silent;
(c) The individual has the right to speak to an attorney before submitting to
the interview; and
(d) Anything the individual says may be used against him or her in
subsequent proceedings, including in a federal immigration court.
(3) The written advisement described in subsection (2) of this section must
be provided to the inmate again when the inmate is released.
Source: L. 2019: Entire article added, (HB 19-1124), ch. 299, p. 2761, � 2,
effective May 28. L. 2025: (1) amended, (SB 25-276), ch. 240, p. 1220, � 16, effective May 23.
Cross references: For the legislative declaration in SB 25-276, see section 1
of chapter 240, Session Laws of Colorado 2025.
ARTICLE 76.7
Prohibit State and Local Government
Involvement in Immigration Detention
Cross references: For the legislative declaration in HB 23-1100, see section 1
of chapter 413, Session Laws of Colorado 2023.
24-76.7-101. Definitions. As used in this article 76.7, unless the context
otherwise requires:
(1) Governmental entity means the state, any unit of local government, a
county sheriff, or any agency, officer, employee, or agent thereof.
(2) Immigration detention agreement means any contract, including but
not limited to an intergovernmental service agreement, or portion thereof for payment to a governmental entity to detain individuals for federal civil immigration purposes. For a contract or intergovernmental service agreement that is only in part for the detention of individuals for federal immigration officials, this term only applies to the civil immigration detention portion of the contract.
(3) Immigration detention facility means any building, facility, or structure
used, in whole or in part, to house or detain individuals for federal immigration officials.
Source: L. 2023: Entire article added, (HB 23-1100), ch. 413, p. 2449, � 2,
effective August 7.
24-76.7-102. Governmental entities - agreements with privately owned
immigration detention facilities - prohibition. (1) Beginning on January 1, 2024, a governmental entity shall not:
(a) Enter into an agreement of any kind for the detention of individuals in an
immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity;
(b) Sell any public or government-owned property or building for the purpose
of establishing an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;
(c) Pay, reimburse, subsidize, or defray in any way any costs related to the
sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;
(d) Receive per diem, per detainee, or any other payment related to the
detention of individuals in an immigration detention facility that is owned, managed, or operated, in whole or in part, by a private entity; or
(e) Otherwise give any financial incentive or benefit to any private entity or
person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.
(2) Nothing in this article 76.7 shall be construed to prohibit a governmental
entity from providing health and safety resources to individuals who are being detained for immigration purposes.
(3) Nothing in this article 76.7 shall be construed to prohibit any unit of local
government from contracting for health, utility, and sanitation services to immigration detention facilities.
Source: L. 2023: Entire article added, (HB 23-1100), ch. 413, p. 2449, � 2,
effective August 7.
24-76.7-103. Governmental entities - eliminate involvement in immigration
detention. (1) Beginning on January 1, 2024, a governmental entity shall not enter into or renew an immigration detention agreement.
(2) A governmental entity with an existing immigration detention agreement
on January 1, 2024, shall exercise any termination provision contained in the agreement no later than January 1, 2024. If an existing immigration detention agreement does not contain a termination provision that the governmental entity can exercise by January 1, 2024, then the governmental entity shall exercise the termination provision as soon as possible within the terms of the immigration detention agreement.
Source: L. 2023: Entire article added, (HB 23-1100), ch. 413, p. 2450, � 2,
effective August 7.
STATE FISCAL POLICIES RELATING TO SECTION 20
OF ARTICLE X OF THE STATE CONSTITUTION
ARTICLE 77
State Fiscal Policies Relating to Section 20
of Article X of the State Constitution
Cross references: For restriction on state appropriations, see � 24-75-201.1.
PART 1
GENERAL PROVISIONS
C.R.S. § 24-80-216
24-80-216. Indian boarding school research program - recommendations - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) American Indian means an individual having descended from people
who were living in North America prior to the time that people from Europe began settling in North America.
(b) American Indian boarding school means a boarding school operated at
any time in Colorado for American Indians that was authorized by the federal government, the state, religious organizations, or private institutions that were not located on an Indian reservation.
(c) Commission means the Colorado commission of Indian affairs
established pursuant to section 24-44-102.
(d) Historically impacted American Indians means American Indians,
including individuals who have attended or are descended from persons who have attended Indian boarding schools.
(e) Program means the Indian boarding school research program
established in subsection (2)(a) of this section.
(f) Society means the state historical society.
(g) Steering committee means the American Indian steering committee
established in subsection (5)(a) of this section.
(2) (a) There is established in the state historical society the Indian boarding
school research program to research and develop recommendations with tribal consultation and listening sessions with American Indian and Alaska native communities to promote Coloradans' understanding of the physical and emotional abuse and deaths that occurred at and in relation to Indian boarding schools in Colorado, including the victimization of and intergenerational impacts on families of the youth forced to attend the boarding schools. These recommendations must be shared with the commission and the steering committee before the recommendations are shared publicly.
(b) The state historical society, through the program, shall conduct ongoing
research to develop recommendations to the Colorado department of education, the Colorado department of higher education, and the general assembly to address the impact of federal, state, and local schooling systems on American Indian communities and in partnership with the commission and the steering committee. In developing the recommendations, the society must:
(I) Formally consult with federally recognized Indian tribes;
(II) Conduct research related to objects, artifacts, and real or personal
property. If the society conducts a comprehensive review of research that focuses on objects, artifacts, or real or personal property that is in the possession or control of private individuals, private entities, or non-federal government entities within the United States, the society may enter into a contract or agreement to acquire, hold, curate, or maintain those objects, artifacts, or real or personal property until the objects, artifacts, or real or personal property can be properly repatriated or returned, consistent with applicable federal law and regulations and subject to the condition that no federal funds may be used to purchase those objects, artifacts, or real or personal property.
(III) Engage in listening sessions with American Indian communities on the
history and impact of Indian boarding schools in Colorado. The listening sessions may include visits to boarding school sites including but not limited to Grand Junction Indian boarding school, Fort Lewis Indian boarding school, Southern Ute boarding school, Navajo day school, Allen day school, Towaoc day school, good shepherd industrial school for girls, state industrial school for boys, Ignacio school, the Colorado school for the deaf and blind, and holy cross Abbey.
(IV) Collect confidential oral histories from survivors that highlight
historically impacted American Indian narratives. The oral history projects must include histories from the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, and other historically impacted American Indians and tribal nations that may have had students who attended Colorado Indian boarding schools. Additional confidential oral history projects with other American Indian or Alaska native communities must be conducted. Confidential, for purposes of this subsection (2)(b)(IV), means that any identifying qualities of an individual will not be made public.
(c) The society must provide public-facing, joint quarterly updates to the
commission and steering committee on the requirements of subsection (2)(b) of this section. The society shall provide preliminary recommendations, developed with tribal consultation and listening sessions with historically impacted American Indians, to the commission no later than November 8, 2025, and shall provide final recommendations by May 10, 2027.
(3) The society, in consultation with the steering committee, commission,
tribal nations, and historically impacted American Indians, must provide recommendations on providing the best care and memorialization at all American Indian boarding school sites in Colorado, including Hesperus and Grand Junction and any cemetery in Old Fort in collaboration with Fort Lewis college and the Colorado department of human services through tribal consultations. The Colorado department of human services must complete tribal consultations before the transfer or sale of land managed by the Colorado department of human services at the Grand Junction regional center. The society must follow all requirements of the Native American Grave Protection and Repatriation Act, 25 U.S.C. sec. 3001 et seq.
(4) (a) A third-party entity, which may be an entity outside of Colorado, that
enters into an agreement with the commission or society to conduct research pursuant to subsections (2) and (3) of this section must meet the following criteria:
(I) Demonstrate experience working with historically impacted American
Indians;
(II) Demonstrate experience of trauma-informed approaches; and
(III) Indicate an understanding of trauma and how it passes through
generations.
(b) When the society or commission is considering contracting with a third-party entity, the society or commission must give preference to a third-party entity
that consists of individuals who are of American Indian descent or are historically impacted American Indians.
(5) (a) There is established an American Indian steering committee in the
society. The steering committee's purpose is to identify and advise the society on areas of concern regarding Indian boarding schools and issues relating to organizing or conducting search efforts related to graves at school sites, development of support groups, or other supportive efforts related to Indian boarding schools. The steering committee shall meet at least once per quarter in state fiscal year 2024-25, and biannually thereafter, at dates and times requested by the commission. The steering committee may meet electronically.
(b) The steering committee consists of the following members, who must be
appointed by the society with inclusive representation from organizations that are led by and serve American Indian communities in Colorado:
(I) An individual who represents the Ute Mountain Ute tribe and who is
confirmed by the Ute Mountain Ute tribal council;
(II) An individual who represents the Southern Ute Indian tribe and who is
confirmed by the Southern Ute tribal council;
(III) Two individuals who are citizens of other tribal nations identified as
having members enrolled at any time in an Indian boarding school in Colorado;
(IV) Three survivors of Indian boarding schools in Colorado;
(V) Three descendants of Colorado Indian boarding school survivors;
(VI) One American Indian in the cultural resource management profession;
(VII) One trauma-informed mental health professional;
(VIII) One American Indian employee of the society;
(IX) One individual who has expertise in researching the history and impact
of Indian boarding schools; and
(X) One tribal historic preservation officer from any of the identified tribal
nations that had students attend a boarding school in Colorado.
(c) The society shall appoint members of the steering committee as soon as
practicable after August 7, 2024, but no later than September 1, 2024.
(d) The steering committee members serve without compensation and
without reimbursement for any expenses incurred related to serving on the committee.
(6) For state fiscal year 2024-25, the general assembly shall appropriate
three hundred thirty-three thousand three hundred thirty-four dollars, and for each of state fiscal years 2025-26 and 2026-27, the general assembly shall appropriate three hundred thirty-three thousand three hundred thirty-three dollars from the general fund to the state historical society, established in section 24-80-201, to fund two term-limited, full-time employees with American Indian hiring preference and to implement the requirements of this section. Any money appropriated pursuant to this subsection (6) that is not expended or encumbered at the end of the state fiscal year for which it was appropriated remains available for expenditure in subsequent fiscal years without further appropriation.
(7) This section is repealed, effective December 31, 2027.
Source: L. 2022: Entire section added, (HB 22-1327), ch. 216, p. 1421, � 2,
effective May 24. L. 2024: Entire section RC&RE, (HB 24-1444), ch. 233, p. 1459, � 2, effective August 7. L. 2025: (1)(b), (1)(c), (2)(b)(IV), and (6) amended, (SB 25-300), ch. 428, p. 2451, � 38, effective August 6.
Editor's note: Subsection (5) provided for the repeal of this section, effective
December 31, 2023. (See L. 2022, p. 1421.) However, this section was recreated in 2024.
Cross references: For the legislative declaration in HB 24-1444, see section 1
of chapter 233, Session Laws of Colorado 2024.
C.R.S. § 24-85-104
24-85-104. Procurement requirements - criteria - implementation - contract terms - definitions. (1) The office of information technology shall approve minimum standards and criteria to be used in approving or rejecting procurements by state agencies for adaptive technologies for nonvisual or other disability access uses.
(2) Nothing in this article 85 requires the installation of software or
peripheral devices used for accessibility for an individual with a disability when the information technology is being used by individuals who are not disabled. Nothing in this article 85 requires the purchase of adaptive equipment by a state agency.
(3) Notwithstanding subsection (2) of this section, the applications,
programs, and underlying operating systems, including the format of the data, used for the manipulation and presentation of information must permit the installation and effective use of and be compatible with software and peripheral devices that provide accessibility to an individual with a disability.
(4) Compliance with the procurement requirements of this section must be
achieved at the time of procurement of an upgrade or replacement of existing information technology equipment or software.
(5) (a) As used in this subsection (5), unless the context otherwise requires:
(I) Contractor means any person having a contract or agreement with a
state agency or public entity, excluding another Colorado state agency, public entity, or employee thereof.
(II) Public entity has the same meaning set forth in section 24-34-301.
(b) (I) A contract or agreement that is entered into between a state agency or
public entity and a contractor must include provisions provided in subsection (5)(c) of this section, and if such provisions are omitted, the contract or agreement is deemed to include provisions provided in subsection (5)(c) of this section, if the primary purpose of the contract is to acquire supplies or services, construction, or the disposal of supplies for the benefit of the state agency or public entity.
(II) Notwithstanding subsection (5)(b)(I) of this section, this subsection (5)
does not apply to public school contracts described in section 22-1-135, or contracts or agreements for professional services as defined in section 24-30-1402.
(c) (I) The contractor shall comply with the accessibility standards for an
individual with a disability adopted by the office of information technology pursuant to section 24-85-103.
(II) The contractor shall indemnify, hold harmless, and assume liability on
behalf of the state agency or public entity, and the state agency's or public entity's officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court awards, attorney fees and related costs, and any other amounts incurred by the state agency or public entity in relation to the contractor's noncompliance with the accessibility standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103.
(d) The state agency or public entity may require that the contractor's
compliance with accessibility standards for an individual with a disability adopted by the office of information technology pursuant to section 24-85-103 is determined and attested to by a qualified third party selected by the state agency or public entity.
Source: L. 2000: Entire article added, p. 1505, � 1, effective August 2. L.
2007: (1) amended, p. 917, � 18, effective May 17. L. 2021: Entire section amended, (HB 21-1110), ch. 402, p. 2678, � 6, effective June 30. L. 2025: (5) added, (HB 25-1152), ch. 246, p. 1240, � 2, effective August 6.
Editor's note: Section 3 of chapter 246 (HB 25-1152), Session Laws of
Colorado 2025, provides that the act changing this section applies to contracts or agreements entered into, amended, or renewed on or after August 6, 2025.
LIBRARIES
ARTICLE 90
Libraries
Editor's note: This article was numbered as article 1 of chapter 84, C.R.S.
-
The substantive provisions of this article were repealed and reenacted in 1979, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. sections number are shown in editor's notes following the relocated sections.
Law reviews: For article, The Regional Approach for Art, Culture, and Library Services, see 16 Colo. Law. 1975 (1987).
PART 1
LIBRARY LAW
C.R.S. § 24-90-110.7
24-90-110.7. Regional library authorities. (1) (a) In order to support and provide for public library service on a regional basis, particularly in any region of the state lacking sufficient public library resources to adequately serve the needs of the public, any combination of two or more governmental units acting through their governing bodies, regardless of whether such unit currently maintains a public library, may, by contracting with or among each other, establish a separate governmental entity to be known as a regional library authority, referred to in this section as an authority. Such authority may be used by such contracting member governmental units to effect the acquisition, construction, financing, operation, or maintenance of publicly supported library services on a regional basis within the jurisdiction of the authority. For purposes of this section, a governmental unit may include a library district within the meaning of section 24-90-103 (6).
(b) No such authority shall be formed pursuant to this section unless each of
the contracting member governmental units forming such authority has passed a resolution or ordinance in accordance with the requirements of paragraph (d) of this subsection (1) and has entered into a contract pursuant to section 29-1-203, C.R.S., for the creation, operation, and administration of such authority.
(c) (I) In connection with the establishment of an authority, at least one
public hearing shall be conducted by each of the contracting member governmental units that intend to enter into a contract for the purpose of forming the authority. Any such hearing shall be preceded by adequate and timely notice of the time and place of the hearing. The notice shall specify the matters to be included in the resolution or ordinance and shall fix a date for the hearing that shall be held not less than thirty nor more than sixty days after the date of first publication of such notice.
(II) Any public hearing conducted in accordance with the requirement of
subparagraph (I) of this paragraph (c) shall address, without limitation, the purposes of the authority, and, where more than one governmental unit is involved in the formation of the authority, the powers, rights, obligations, and responsibilities, financial and otherwise, of each governmental unit that is forming the authority.
(d) The resolution or ordinance to be adopted by each of the contracting
member governmental units forming the authority in accordance with the requirements of paragraph (b) of this subsection (1) shall:
(I) Describe the legal service area of the authority;
(II) Describe the proposed governance of the authority; and
(III) State that the registered electors residing within the territorial
boundaries of such contracting member governmental units shall approve any amount of sales or use tax, or both, in accordance with the requirements of paragraph (f) of subsection (3) of this section or an ad valorem tax in accordance with the requirements of paragraph (h) of subsection (3) of this section not previously approved by the electors before the authority shall levy such taxes.
(2) Upon establishment of an authority satisfying the requirements of this
section, a contract between the legislative bodies of the contracting member governmental units, shall be effected within ninety days. Any contract establishing such authority shall, without limitation, specify:
(a) The name and purpose of such authority and the functions or services to
be provided by such authority;
(b) The boundaries of the authority, which boundaries may include less than
the entire area of any separate county, but shall not be less than the entire area of any municipality and any other governmental unit forming the authority, and may be modified after the establishment of the authority as provided in the contract;
(c) The establishment and organization of a governing body of the authority,
which shall be a board of directors, referred to in this section as the board of the authority, in which all legislative power of the authority is vested, including:
(I) The number of directors, their manner of appointment, their terms of
office, their compensation, if any, and the procedure for filling vacancies on the board of the authority;
(II) The officers of the authority, the manner of their selection, and their
duties;
(III) The voting requirements for action by the board of the authority; except
that, unless specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board of the authority; and
(IV) The duties of the board of the authority, which shall include the
obligation to comply with the provisions of parts 1, 5, and 6 of article 1 of title 29, C.R.S.;
(d) Provisions for the disposition, division, or distribution of any property or
assets of the authority;
(e) The term of the contract, which may be continued for a definite term or
until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations; and
(f) The expected sources of revenue of the authority and any requirements
that contracting member governmental units consent to the levying of any taxes within the jurisdiction of such member. If the authority levies any taxes, the contract shall further include requirements that:
(I) Prior to and as a condition of levying any such taxes or fees, the board of
the authority shall adopt a resolution determining that the levying of the taxes or fees will fairly distribute the costs of the authority's activities among the persons or communities benefited thereby and will not impose an undue burden on any particular group of persons or communities;
(II) Each such tax shall conform with any requirements specified in
subsection (3) of this section; and
(III) The authority shall designate a financial officer who shall coordinate
with the department of revenue regarding the collection of a sales and use tax authorized pursuant to paragraph (f) of subsection (3) of this section. This coordination shall include but not be limited to the financial officer identifying those businesses eligible to collect the sales and use tax and any other administrative details identified by the department.
(3) The general powers of such authority shall include the following powers:
(a) To acquire, construct, finance, operate, or maintain public library services
located within the territorial boundaries of the authority;
(b) To make and enter into contracts with any person, including, without
limitation, contracts with state or federal agencies, private enterprises, and nonprofit organizations also involved in providing such public library services or the financing for the services, irrespective of whether the agencies are parties to the contract establishing the authority;
(c) To employ agents and employees;
(d) To cooperate with state and federal governments in all respects
concerning the financing of such library services;
(e) To acquire, hold, lease, as lessor or lessee, sell, or otherwise dispose of
any real or personal property, commodity, or service;
(f) (I) Subject to the provisions of subsection (9) of this section, to levy, in all
of the area described in subsection (3)(f)(II) of this section within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, upon every transaction or other incident with respect to which a sales or use tax is levied by the state pursuant to the provisions of article 26 of title 39. The tax imposed pursuant to this subsection (3)(f) is in addition to any other sales or use tax imposed pursuant to law. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, as provided in part 2 of article 2 of title 29.
(II) The area in which the sales or use tax authorized by this subsection (3)(f)
is levied may not include less than the entire area of any municipality located within the area in which the tax will be levied. The area may also include portions of unincorporated areas located within a county.
(III) The authority shall apply monthly distributions received from the
department of revenue pursuant to section 29-2-207 solely to the acquisition, construction, financing, operation, or maintenance of public library services within the jurisdiction of the authority.
(IV) The department of revenue shall retain an amount not to exceed the cost
of the collection, administration, and enforcement and shall transmit the amount retained to the state treasurer, who shall credit the same amount to the regional library authority sales tax fund, which fund is hereby created in the state treasury. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this section. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(g) Notwithstanding any other provision of law, any sales tax authorized
pursuant to subparagraph (I) of paragraph (f) of this subsection (3) shall not be levied on:
(I) The sale of tangible personal property delivered by a retailer or a retailer's
agent or delivered to a common carrier for delivery to a destination outside the boundaries of the authority; and
(II) The sale of tangible personal property on which a specific ownership tax
has been paid or is payable when such sale meets the following conditions:
(A) The purchaser does not reside within the boundaries of the authority or
the purchaser's principal place of business is outside the boundaries of the authority; and
(B) The personal property is registered or required to be registered outside
the boundaries of the authority under the laws of this state.
(h) Subject to the provisions of subsection (9) of this section, to levy, in all of
the area within the boundaries of the authority, an ad valorem tax in accordance with the requirements of this section. The tax imposed pursuant to this paragraph (h) shall be in addition to any other ad valorem tax imposed pursuant to law. In accordance with the schedule prescribed by section 39-5-128, C.R.S., the board of the authority shall certify to the board of county commissioners of each county within the authority, or having a portion of its territory within the district, the levy of ad valorem property taxes in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the designated portion of the area within the boundaries of the authority. It is the duty of the body having authority to levy taxes within each county to levy the taxes provided by this subsection (3). It is the duty of all officials charged with the duty of collecting taxes to collect the taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the authority ordering the levy and collection. The payment of such collections shall be made monthly to the authority or paid into the depository thereof to the credit of the authority. All taxes levied under this paragraph (h), together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute, until paid, a perpetual lien on and against the property taxed, and the lien shall be on a parity with the tax lien of other general taxes.
(i) To incur debts, liabilities, or obligations;
(j) To sue and be sued in its own name;
(k) To have and use a corporate seal;
(l) To fix, maintain, and revise fees, rents, security deposits, and charges for
functions, services, or facilities provided by the authority;
(m) To adopt, by resolution, rules respecting the exercise of its powers and
the carrying out of its purposes;
(n) To exercise any other powers that are essential to the provision of
functions, services, or facilities by the authority and that are specified in the contract; and
(o) To do and perform any acts and things authorized by this section under,
through, or by means of an agent or by contracts with any person, firm, or corporation.
(4) The authority established by such contracting member governmental
units shall be a political subdivision and a public corporation of the state, separate from the parties to the contract, and shall be a validly created and existing political subdivision and public corporation of the state, irrespective of whether a contracting member governmental unit withdraws, whether voluntarily, by operation of law, or otherwise, from the authority subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing such authority pursuant to its terms. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The authority may deposit and invest its moneys in the manner provided in section 43-4-616, C.R.S.
(5) The bonds, notes, and other obligations of such authority shall not be the
debts, liabilities, or obligations of the contracting member governmental units.
(6) The contracting member governmental units may provide in the contract
for payment to the authority of funds from proprietary revenues for services rendered or facilities provided by the authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the authority.
(7) The authority may issue revenue or general obligation bonds, as the term
bond is defined in section 43-4-602 (3), C.R.S., and may pledge its revenues and revenue-raising powers for the payment of the bonds. The bonds shall be issued on the terms and subject to the conditions set forth in section 43-4-609, C.R.S.
(8) The income or other revenues of the authority, all properties at any time
owned by an authority, any bonds issued by an authority, and the transfer of and the income from any bonds issued by the authority are exempt from all taxation and assessments in the state.
(9) (a) No action by an authority to establish or increase any tax authorized
by this section shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority in which the tax is proposed to be collected.
(b) No action by an authority creating a multiple-fiscal year debt or other
financial obligation that is subject to section 20 (4)(b) of article X of the state constitution shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority.
(c) The questions proposed to the registered electors under paragraphs (a)
and (b) of this subsection (9) shall be submitted at a general election or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections and the county clerk and recorder of each county in which the election is conducted shall assist the authority in conducting the election. The cost of the election shall be incurred by the contracting member governmental units that have formed the authority in proportion to the percentage of the population of the governmental units within the territorial boundaries of the authority. No moneys of the authority may be used to urge or oppose passage of an election required under this section.
(10) (a) For the purpose of determining any authority's fiscal year spending
limit under section 20 (7)(b) of article X of the state constitution, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from fiscal year spending pursuant to section 20 (2)(e) of article X of the state constitution during the first full fiscal year for which the authority collected revenues.
(b) For purposes of this subsection (10), fiscal year means any year-long
period used by an authority for fiscal accounting purposes.
(11) An authority established by contracting member governmental units
shall, if the contract so provides, be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting member governmental units to provide the same function, service, or facility, and the authority shall be entitled to all the rights and privileges and shall assume all the obligations and liabilities of such other entity under existing contracts to which such other entity is a party.
(12) (a) The authority granted pursuant to this section shall in no manner limit
the powers of any governmental unit to cooperate on an intergovernmental basis, to enter into any contract with another governmental entity, or to establish a separate legal entity pursuant to the provisions of section 29-1-203, C.R.S., or any other applicable law, or otherwise to carry out their individual powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns pursuant to the state constitution.
(b) Notwithstanding any other provision of law, any governmental unit that
has entered into a contract for the purpose of forming an authority may form such authority in accordance with the requirements of this section without any effect on the ability of the unit to own its own property, maintain a separate governing body or board of trustees, levy its own taxes for library purposes, or retain its own identity.
(c) Notwithstanding any other provision of law, nothing in this section shall
be construed to authorize any one or more library districts to:
(I) Form an authority without entering into a contract with one or more
governmental units to form such authority in accordance with the requirements of this section; or
(II) Exercise any of the powers of said authority, including, without limitation,
the power to levy a sales or use tax, in the absence of entering into a contract with one or more governmental units for the purpose of forming such authority in accordance with the requirements of this section.
Source: L. 2003: Entire section added, p. 2450, � 11, effective August 15. L.
2008: (3)(f)(I) amended, p. 989, � 2, effective August 5. L. 2024: (3)(f) amended, (SB 24-025), ch. 144, p. 552, � 2, effective July 1, 2025.
C.R.S. § 24-90-113.3
24-90-113.3. Contract to receive library service. In lieu of establishment of a public library, the legislative body of a governmental unit may contract to receive library service from an existing library, the board of trustees or governing body of which has the reciprocal power to render the service. Any school district may contract for library service from any existing public library, such service to be paid from funds available to the school district for library purposes. Any contract entered into pursuant to this section shall specify, without limitation, the geographic area covered by the contract, the amount of compensation to be paid to the library delivering the service, the term of the contract, and any other information deemed necessary by the contracting parties.
Source: L. 2003: Entire section added with relocated provisions, p. 2461, � 14,
effective August 15.
Editor's note: This section is similar to former � 24-90-106 (3) as it existed
prior to 2003.
C.R.S. § 24-90-122
24-90-122. Public libraries - standards for acquisition - retention - display - utilization - reconsideration of library resources - use of library facilities - employee protections - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Library resource means material, both print and non-print, found in a
public library that supports curricular or personal information needs. Print items include books, magazines, newspapers, pamphlets, microfiche, or microfilm. Non-print items include films, disc records, filmstrips, slides, prints, audiotapes, videotapes, compact discs, computer software, library programs, and exhibits.
(b) Public library means a public library as defined in section 24-90-103
(13) that is established, operated, or maintained pursuant to this part 1.
(2) Standards. In addition to the powers and duties specified in section 24-90-109, a board of trustees of a public library shall establish written policies for the
acquisition, retention, display, and use of library resources and for the use of a public library facility. In addition, the board of trustees of a public library that reconsiders library resources as specified in subsection (3) of this section shall establish a written policy for the reconsideration of a library resource. The board of trustees shall establish policies as required by this subsection (2) that, at a minimum, comply with the following standards:
(a) A public library serves as a center for voluntary inquiry and the
dissemination of information and ideas;
(b) The public has the right to access a range of social, political, aesthetic,
moral, and other ideas and experiences through a public library;
(c) Each library resource is provided for the interest, information, and
enlightenment of the community and should present diverse points of view in the collection as a whole;
(d) A public library shall not exclude a library resource because of the ethnic
origin, ethnic background, or gender identity of those contributing to the creation of the library resource or because of the topic addressed by the library resource or the opinions expressed in the library resource;
(e) A public library shall not proscribe or prohibit the circulation or
procurement of a library resource because of partisan or doctrinal disapproval of the library resource;
(f) It is the responsibility of a public library to challenge censorship in the
fulfillment of its responsibility to provide information and enlightenment;
(g) A public library shall consider the perspectives of marginalized groups,
including those identified in section 22-1-104 (1)(a);
(h) For a public library that provides facilities to the public, the library shall
make the facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use; and
(i) A public library shall prohibit discrimination based on age, background,
political or religious views, origin, disability, race, color, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry in the selection, retention, display, use, or reconsideration of library resources and public meeting spaces.
(3) Reconsideration of library resources. (a) (I) Except as otherwise
provided in subsection (3)(a)(II) of this section, a public library may remove a library resource from its permanent collection only if the library resource has been reviewed in accordance with an established policy for the reconsideration of library resources that complies with the requirements of subsection (2) of this section. A public library that has not established a policy for the reconsideration of library resources or that has a policy for the reconsideration of library resources that does not comply with the requirements of subsection (2) of this section may not remove a library resource from its permanent collection.
(II) The provisions of subsection (3)(a)(I) of this section do not apply to
routine collection maintenance and deaccession in accordance with a public library's established collection development and maintenance policy.
(b) The board of trustees of a public library that has established a policy for
the reconsideration of library resources that complies with the requirements of subsection (2) of this section and that reconsiders library resources in accordance with that policy shall make its reconsideration policy available to the public on its website.
(c) To make a request for reconsideration of a library resource, the individual
making the request must reside in the legal service area for the library in which the request is made.
(d) A public library shall not reconsider the same library resource more than
once every two years; except that a public library's established policy for the reconsideration of a library resource may specify a period longer than two years during which the public library will not reconsider the same library resource.
(e) (I) Once a final determination has been made for a library resource that is
the subject of a request for reconsideration, the board of trustees shall make the determination and how it comports with the provisions of subsection (2) of this section available to the public.
(II) A public library shall not remove, discontinue, or restrict a library
resource as the result of a request for reconsideration until the determination regarding the library resource has been made available to the public pursuant to subsection (3)(e)(I) of this section.
(f) A written request for reconsideration of a library resource is not a library
user record as described in section 24-90-119 (1). A written request for reconsideration of a library resource is an open record under the Colorado Open Records Act, part 2 of article 72 of this title 24.
(4) Retaliation against library employees prohibited. An individual who is a
librarian, media specialist, other employee, contractor, or volunteer at a public library shall not be subject to termination, demotion, discipline, or retaliation for refusing to remove a library resource before it has been reviewed in accordance with the public library's policy for the reconsideration of library resources or for making displays, acquisitions, or programming decisions that the librarian, media specialist, other employee, contractor, or volunteer believes, in good faith, are in accordance with the standards specified in subsection (2) of this section.
Source: L. 2024: Entire section added, (SB 24-216), ch. 307, p. 2073, � 2,
effective May 31.
Cross references: For the legislative declaration in SB 24-216, see section 1
of chapter 307, Session Laws of Colorado 2024.
PART 2
STATE PUBLICATIONS DEPOSITORY AND DISTRIBUTION CENTER
C.R.S. § 24-91-101
24-91-101. Legislative declaration. (1) The general assembly hereby declares that retentions in and delays in the completion of construction contracts with public entities are a matter of statewide concern and are affected with the public interest and that the provisions of this article are enacted in the exercise of the police power of this state for the purpose of protecting the health, peace, safety, and welfare of the people of this state.
(2) The general assembly hereby further finds and declares that the
construction industry is a significant component of the state's economy; that there is a substantial statewide interest in fostering the growth and stability of the construction industry and ensuring that it remains economically viable; that the ability of construction and design enterprises to obtain and satisfactorily perform projects at all levels of government affects the construction industry as a whole; that clauses in public construction contracts which provide that public entities shall not be required to compensate contractors for delays in the completion of the work caused by the public entity are adhesive in nature and, if enforced, can have ruinous financial consequences on affected contractors due to risks over which the contractor may have no control; that public construction projects are subject to public appropriation laws which may be in direct conflict with commonly used construction contract clauses such as clauses which authorize additional payment to the contractor based on changed conditions; and that there is a substantial statewide interest in ensuring that the policy underlying the efficient expenditure of public moneys is balanced with the policy of fostering a healthy and viable construction industry.
Source: L. 79: Entire article added, p. 995, � 1, effective July 1. L. 89: Entire
section amended, p. 1142, � 1, effective April 10. L. 92: Entire section amended, p. 1086, � 1, effective July 1.
C.R.S. § 24-91-102
24-91-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Acceptable securities means:
(a) United States bonds, United States treasury notes, or United States
treasury bills;
(b) General obligation or revenue bonds of this state;
(c) General obligation or revenue bonds of any political subdivision of this
state;
(d) Certificates of deposit from a state or national bank or a savings and loan
association insured by the federal deposit insurance corporation or its successor and having its principal office in this state.
(1.5) Construction includes the terms capital construction, capital renewal,
and controlled maintenance as defined in section 24-30-1301.
(2) Contractor means any person, company, firm, or corporation which is a
party to a contract with a public entity to construct, erect, alter, install, or repair any highway, public building, public work, or public improvement, structure, or system.
(3) Public entity means this state or a county, city, city and county, town, or
district, including any political subdivision thereof.
(4) Subcontractor means and includes any person, company, firm, or
corporation which is a party to a contract with a contractor to construct, erect, alter, install, or repair any highway, public building, public work, or public improvement, structure, or system and which, in connection therewith, furnishes and performs on-site labor with or without furnishing materials.
(5) Substantial completion means the date when the construction is
sufficiently complete, in accordance with the contract documents, as modified by any change orders agreed to by the parties, so that the work or designated portion thereof is available for use by the owner.
Source: L. 79: Entire article added, p. 995, � 1, effective July 1. L. 84: (1)(d)
amended, p. 741, � 1, effective February 23. L. 86: (1)(d) amended, p. 971, � 1, effective July 1. L. 2004: (1)(d) amended, p. 155, � 70, effective July 1. L. 2014: (1.5) added, (HB 14-1387), ch. 378, p. 1851, � 57, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-91-103
24-91-103. Public entity - contracts - partial payments. (1) (a) A public entity awarding a contract exceeding one hundred fifty thousand dollars for the construction, alteration, or repair of any highway, public building, public work, or public improvement, structure, or system, including real property as defined in section 24-30-1301 (15), shall authorize partial payments of the amount due under such contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor, if the contractor is satisfactorily performing the contract. The public entity shall pay at least ninety-five percent of the calculated value of completed work. The withheld percentage of the contract price of any contracted work, improvement, or construction may be retained until the contract is completed satisfactorily and finally accepted by the public entity.
(b) The public entity shall make a final settlement in accordance with section
38-26-107, C.R.S., within sixty days after the contract is completed satisfactorily and finally accepted by the public entity.
(c) If the public entity finds that satisfactory progress is being made in any
phase of the contract, it may, upon written request by the contractor, authorize final payment from the withheld percentage to the contractor or subcontractors who have completed their work in a manner finally acceptable to the public entity. Before the payment is made, the public entity shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.
(2) Whenever a contractor receives payment pursuant to this section, the
contractor shall make payments to each of his subcontractors of any amounts actually received which were included in the contractor's request for payment to the public entity for such subcontracts. The contractor shall make such payments within seven calendar days of receipt of payment from the public entity in the same manner as the public entity is required to pay the contractor under this section if the subcontractor is satisfactorily performing under his contract with the contractor. The subcontractor shall pay all suppliers, sub-subcontractors, laborers, and any other persons who provide goods, materials, labor, or equipment to the subcontractor any amounts actually received which were included in the subcontractor's request for payment to the contractor for such persons, in the same manner set forth in this subsection (2) regarding payments by the contractor to the subcontractor. If the subcontractor fails to make such payments in the required manner, the subcontractor shall pay said suppliers, sub-subcontractors, and laborers interest in the same manner set forth in this subsection (2) regarding payments by the contractor to the subcontractor. At the time the subcontractor submits a request for payment to the contractor, the subcontractor shall also submit to the contractor a list of the subcontractor's suppliers, sub-subcontractors, and laborers. The contractor shall be relieved of the requirements of this subsection (2) regarding payment in seven days and interest payment until the subcontractor submits such list. If the contractor fails to make timely payments to the subcontractor as required by this section, the contractor shall pay the subcontractor interest as specified by contract or at the rate of fifteen percent per annum whichever is higher, on the amount of the payment which was not made in a timely manner. The interest shall accrue for the period from the required payment date to the date on which payment is made. Nothing in this subsection (2) shall be construed to affect the retention provisions of any contract.
(3) (Deleted by amendment, L. 2011, (HB 11-1115), ch. 211, p. 912, � 2, effective
August 10, 2011.)
Source: L. 79: Entire article added, p. 996, � 1, effective July 1. L. 91: Entire
section amended, p. 904, � 1, effective July 1. L. 2004: (1) amended, p. 227, � 1, effective August 4. L. 2011: (1) and (3) amended, (HB 11-1115), ch. 211, p. 912, � 2, effective August 10. L. 2014: (1)(a) amended, (HB 14-1387), ch. 378, p. 1851, � 58, effective June 6.
Cross references: (1) For the legislative declaration in the 2011 act amending
subsections (1) and (3), see section 1 of chapter 211, Session Laws of Colorado 2011.
(2) For the legislative declaration in HB 14-1387, see section 1 of chapter
378, Session Laws of Colorado 2014.
C.R.S. § 24-91-103.5
24-91-103.5. Public entity - contracts - delay clauses - definition. (1) (a) Any clause in a public works contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused in whole, or in part, by acts or omissions within the control of the contracting public entity or persons acting on behalf thereof, is against public policy and is void and unenforceable.
(b) As used in this subsection (1), public works contract means a contract of
the state, county, city and county, city, town, school district, special district, or any other political subdivision of the state for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, real property as defined in section 24-30-1301 (15), or any other work dealing with construction, which includes, but need not be limited to, moving, demolition, or excavation performed in conjunction with such work.
(2) Subsection (1) of this section is not intended to render void any contract
provision of a public works contract that:
(a) Precludes a contractor from recovering that portion of delay costs
caused by the acts or omissions of the contractor or its agents;
(b) Requires notice of any delay by the party responsible for such delay;
(c) Provides for reasonable liquidated damages;
(d) Provides for arbitration or any other procedure designed to settle
contract disputes.
Source: L. 89: Entire section added, p. 1142, � 2, effective April 10. L. 2014:
(1)(b) amended, (HB 14-1387), ch. 378, p. 1851, � 59, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-91-103.6
24-91-103.6. Public entity - contracts - appropriations - contract modifications - severability - definition. (1) No public entity shall contract with a designer, a contractor, or a designer and contractor for the construction, the design, or both the construction and design of a public works project unless a full and lawful appropriation when required by statute, charter, ordinance, resolution, or rule or regulation has been made for such project.
(2) Every public works contract, as defined in section 24-91-103.5 (1)(b), shall
contain the following:
(a) A statement that the amount of money appropriated is equal to or in
excess of the contract amount;
(b) A clause that prohibits the issuance of any contract modification, as
defined in section 24-101-301 (10), or other form of modification or directive by the public entity requiring additional compensable work to be performed, which work causes the aggregate amount payable under the contract to exceed the amount appropriated for the original contract, unless the contractor is given written assurance by the public entity that lawful appropriations to cover the costs of the additional work have been made and the appropriations are available prior to performance of the additional work or unless such work is covered under a remedy-granting provision in the contract; and
(c) For any form of modification or directive by the public entity requiring
additional compensable work to be performed, a clause that requires the public entity to reimburse the contractor for the contractor's costs on a periodic basis, as those terms are defined in the contract, for all additional directed work performed until a contract modification is finalized. In no instance shall the periodic reimbursement be required before the contractor has submitted an estimate of cost to the public entity for the additional compensable work to be performed. Notwithstanding the provisions of this subsection (2)(c), state public works contracts shall be subject to the provisions of section 24-30-202.
(3) If the requirements of subsection (1) or (2) of this section are not met, a
civil action may be maintained against the public entity which has contracted for the public works project to recover sums due under the contract notwithstanding any appropriation statute, ordinance, resolution, or law to the contrary.
(4) In the event that a good faith dispute arises between a public entity and a
contractor concerning the contractor's right to receive additional compensation under a remedy-granting provision of the public works contract, it shall not be a defense to a civil action for payment for such claim that no moneys have been appropriated for such claimed amounts, so long as the contractor has complied with all provisions of the contract applicable to the dispute, including but not limited to contract modification and additional work clauses, and has submitted to the public entity a statement sworn to under penalty of perjury which sets forth: The amount of additional compensation to which the contractor contends that it is entitled; that claim-supporting data which is accurate and complete to the best of the contractor's knowledge and belief have been submitted; and that the amount requested accurately reflects what is owed by the public entity. As used in this subsection (4), remedy-granting provision means any contract clause which permits additional compensation in the event that a specific contingency or event occurs. Such term shall include, but shall not be limited to, change clauses, differing site conditions clauses, variation in quantities clauses, and termination for convenience clauses.
(5) If a final judgment is entered pursuant to a civil action brought by a
contractor for which adequate appropriations have not been made, the judgment debtor public entity shall promptly make payment pursuant to section 13-60-101, 24-10-113, 24-10-113.5, or 30-25-104, C.R.S., and any other statutory requirement on payment of judgments.
(6) Any provision of this section which is in conflict with the terms of any
federal grant shall be inapplicable to a contract between a contractor and a public entity which is funded in whole or in part by that grant.
(7) Nothing in this section shall prohibit:
(a) The use of phased construction over a period of years where, if
applicable, the public entity has informed the contractor of initial annual appropriations at the time the contract is signed, and subsequent annual appropriations as they occur, in statements issued pursuant to subsection (2) of this section; or
(b) The use of bond-financed construction where appropriations to service
bond debt may occur subsequent to the commencement of construction, where this fact is clearly stated in disclosure statements made pursuant to subsection (2) of this section.
(8) The provisions of this section shall apply to any contract executed on or
after July 1, 1992.
(9) If any provision of this section or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
Source: L. 92: Entire section added, p. 1087, � 2, effective July 1. L. 2010: (2)
amended, (SB 10-116), ch. 53, p. 198, � 1, effective August 11. L. 2011: (2)(b) amended, (HB 11-1202), ch. 37, p. 101, � 2, effective August 10. L. 2017: (2)(b), (2)(c), and (4) amended, (HB 17-1051), ch. 99, p. 351, � 67, effective August 9.
Cross references: For the legislative declaration in the 2011 act amending
subsection (2)(b), see section 1 of chapter 37, Session Laws of Colorado 2011.
C.R.S. § 24-91-104
24-91-104. Contract - completion by public entity - partial payments. If it becomes necessary for a public entity to take over the completion of any contract, all of the amounts owing the contractor, including the withheld percentage, shall be applied: First, toward the cost of completion of the contract; second, toward performance of the public entity's withholding requirement set forth in section 38-26-107, C.R.S.; third, to the surety furnishing bonds for the contract work, to the extent such surety has incurred liability or expense in completing the contract work or made payments pursuant to section 38-26-106, C.R.S.; then, to the contractor. Such retained percentage as may be due any contractor shall be due and payable at the expiration of thirty days from the date of final acceptance by the public entity of the contract work.
Source: L. 79: Entire article added, p. 996, � 1, effective July 1. L. 86: Entire
section amended, p. 971, � 2, effective July 1.
C.R.S. § 24-91-105
24-91-105. Withdrawal by contractor of sums withheld - security deposit required. The contractor under any contract exceeding one hundred fifty thousand dollars made or awarded by any public entity, pursuant to which sums are withheld to assure satisfactory performance of the contract, may withdraw the whole or any portion of the said sums withheld if the contractor deposits acceptable securities with the public entity. The contractor shall take such actions as the public entity may require to transfer the securities or a limited interest in the securities, including a security interest, and to authorize the public entity to negotiate the acceptable securities and to receive the payments due the public entity pursuant to law or the terms of the contract, and, to the extent there are excess funds resulting from said negotiation, the balance shall be returned to the contractor. Such acceptable securities so deposited at all times shall have a market value at least equal in value to the amount so withdrawn. If at any time a public entity determines that the market value of the acceptable securities theretofore deposited has fallen below the amount so withdrawn, the public entity shall give notice thereof to the contractor, who forthwith shall deposit additional acceptable securities in an amount sufficient to reestablish a total deposit of securities equal in value to the amount so withdrawn.
Source: L. 79: Entire article added, p. 996, � 1, effective July 1. L. 86: Entire
section amended, p. 972, � 3, effective July 1. L. 2004: Entire section amended, p. 227, � 2, effective August 4.
C.R.S. § 24-91-106
24-91-106. Escrow agreement - authority to enter into - effect on acceptable securities. (1) A public entity and the contractor may enter into an escrow contract or escrow contract and security agreement with any national bank, state bank, trust company, or savings and loan association located in this state and designated by mutual agreement of the public entity and the contractor, after notice to the surety, to provide as escrow agent for the custodial care and servicing of any acceptable securities deposited with him pursuant to this section. Such services shall include the safekeeping of the acceptable securities and the rendering of all services required to effectuate the purposes of this section and section 38-26-107, C.R.S.
(2) Any acceptable securities deposited with an escrow agent pursuant to
this section shall be deemed to be in the possession of the public entity, and the public entity shall be deemed to have a perfected security interest in the acceptable securities for purposes of article 8 or 9 of title 4, C.R.S.
(3) The deposit of acceptable securities with a state or national bank, or a
state or federal savings and loan association, shall not be deemed a holding of public deposits for purposes of article 10.5 or 47 of title 11, C.R.S.
Source: L. 79: Entire article added, p. 997, � 1, effective July 1. L. 86: Entire
section amended, p. 972, � 4, effective July 1. L. 96: (2) amended, p. 246, � 24, effective July 1.
C.R.S. § 24-91-107
24-91-107. Custodian for acceptable securities - collection of interest income - payable to contractor. The public entity or any national bank, state bank, trust company, or savings and loan association located in this state and designated by mutual agreement of the public entity and the contractor to serve as custodian for the acceptable securities pursuant to section 24-91-106 shall collect all interest and income when due on the acceptable securities so deposited and shall pay them, when and as collected, to the contractor who deposited the acceptable securities. If the deposit is in the form of coupon bonds, the escrow agent shall deliver each coupon, as it matures, to the contractor. Any expense incurred for this service shall not be charged to the public entity.
Source: L. 79: Entire article added, p. 997, � 1, effective July 1. L. 86: Entire
section amended, p. 972, � 5, effective July 1.
C.R.S. § 24-91-108
24-91-108. Retained payments - amount deducted by a public entity. Any amount deducted by a public entity, pursuant to law or the terms of a contract, from the retained payments otherwise due to the contractor thereunder shall be deducted first from that portion of the retained payments for which no acceptable securities have been substituted and then from the proceeds of any deposited acceptable securities, in which case, the contractor shall be entitled to receive the interest, coupons, or income only from those acceptable securities which remain on deposit after such amount has been deducted.
Source: L. 79: Entire article added, p. 997, � 1, effective July 1. L. 86: Entire
section amended, p. 973, � 6, effective July 1.
C.R.S. § 24-91-109
24-91-109. Retained payments - disbursement. All retained payments and interest thereon disbursed to any contractor under any contract with a public entity covered under this article shall be disbursed to each subcontractor by the contractor. The disbursement of such retained payments and interest shall be in proportion to the respective amounts of retained payments, if any, which the contractor theretofore has withheld from his subcontractors if the subcontractor has performed under his contract with the contractor.
Source: L. 79: Entire article added, p. 997, � 1, effective July 1.
C.R.S. § 24-92-102
24-92-102. Definitions. As used in this article 92, unless the context otherwise requires:
(1) Agency of government means any agency, department, division, board,
bureau, commission, institution, or section of this state which is a budgetary unit exercising construction contracting authority or discretion.
(2) Construction contract or contract means any agreement for building,
altering, repairing, improving, or demolishing any public project of any kind. For the purposes of this article, the terms include capital construction, capital renewal, and controlled maintenance, as defined in section 24-30-1301.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, including its replacement value, owned by a state agency, and reasonable estimates of other administrative costs not otherwise directly attributable to the public project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4) Cost-reimbursement contract means a contract under which a
contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this article.
(5) Invitation for bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids.
(6) Low responsible bidder means any contractor who has bid in
compliance with the invitation to bid and within the requirements of the plans and specifications for a public project, who is the low bidder, and who has furnished bonds or their equivalent as required by law.
(7) Project description means the words used in a solicitation to describe
the construction to be performed, and includes specifications attached to, or made a part of, the solicitation.
(8) (a) Public project means any construction, alteration, repair, demolition,
or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any maintenance programs for the upkeep of such projects.
(b) Except as provided in paragraph (c) of this subsection (8), public project
does not include any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed five hundred thousand dollars in the aggregate for any fiscal year. Nothing in this paragraph (b) shall affect the requirements for the delivery of bonds or security pursuant to sections 24-105-202, 38-26-105, and 38-26-106, C.R.S.
(c) Public project does not include any project under the supervision of the
department of transportation for which appropriation or expenditure of funds may be reasonably expected not to exceed three hundred thousand dollars in the aggregate of any fiscal year, annually adjusted for inflation as provided in section 24-92-109 (1)(b).
(9) Responsible officer means the person having overall contract
administration responsibility for an agency of government.
Source: L. 81: Entire article added, p. 1254, � 1, effective July 1. L. 98: (8)
amended, p. 1042, � 1, effective August 5. L. 2001: (8)(b) amended, p. 214, � 1, effective August 8. L. 2010: (8)(b) amended, (HB 10-1181), ch. 351, p. 1628, � 22, effective June 7. L. 2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, � 60, effective June 6. L. 2021: IP and (8)(c) amended, (HB 21-1056), ch. 181, p. 977, � 1, effective September 7. L. 2024: (8)(c) amended, (HB 24-1143), ch. 114, p. 369, � 1, effective August 7.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-92-103.5
24-92-103.5. Construction of public projects - invitation for best value bids. (1) All construction contracts for public projects that do not receive federal moneys may be awarded through competitive sealed best value bidding pursuant to this section.
(2) An invitation for bids under competitive sealed best value bidding shall
be made in the same manner as provided in section 24-92-103 (2), (3), and (4); except that adequate public notice of the invitation for bids shall be given at least thirty days prior to the date set forth therein for the opening of bids.
(3) The invitation for competitive sealed best value bids must identify the
evaluation factors upon which the award will be made. When making the award determination, the responsible officer shall evaluate the factors specified in the invitation for bids and shall not evaluate any other factors other than those specified in the invitation for bids. The factors that must be included in the invitation for bids and that the responsible officer shall consider include, but need not be limited to:
(a) The project price stated in the bid;
(b) The bidder's design and technical approach to the public project;
(c) The experience, past performance, and expertise of the bidder and the
bidder's primary subcontractors in connection with prior construction contracts, including its performance in the areas of cost, quality, schedule, safety, compliance with plans and specifications, and adherence to applicable laws and regulations;
(d) The bidder's project management plan for the construction contract that
identifies the key management personnel that will be used for the project, the proposed project schedule, the bidder's quality control program and project safety program, financial resources, equipment, and any other information that demonstrates the bidder's competency to perform the contract, including technical qualifications and resources;
(e) The bidder's staffing plan;
(f) The bidder's safety plan and safety record;
(g) The bidder's job standards, including the bidder's method of personnel
procurement, employment of Colorado workers, workforce development and long-term career opportunities of workers, the availability of training programs, including apprenticeships registered by the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by that office, the benefits provided to workers, including health-care and defined benefit or defined contribution retirement benefits, and whether the bidder pays industry-standard wages; and
(h) The availability and use of domestically produced iron, steel, and related
manufactured goods to execute the contract.
(4) The contract shall be awarded with reasonable promptness by written
notice to the bidder whose bid is determined in writing to be the most advantageous to the state and that represents the best overall value to the state, taking into consideration the price and other evaluation factors set forth in the invitation for bids in accordance with subsection (3) of this section. The contract file maintained by the state must contain the basis on which the award determination was made.
(5) An invitation for best value bids issued pursuant to this section must
otherwise comply with the requirements of section 24-103-203 concerning requests for proposals for nonconstruction contracts to the extent that such requirements do not conflict with this section. In the case of a conflict, the provisions of this section supersede.
(6) To ensure that the best value bidding process pursuant to this section is
open and transparent to the greatest possible degree:
(a) After selection of most qualified participants, all statements of
qualification shall be made available to the public; and
(b) After the contract has been awarded, all requests for proposals shall be
made public with the score sheets used to make the bid selection, omitting any confidential corporate information.
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1400, � 9,
effective May 24. L. 2017: (5) amended, (HB 17-1051), ch. 99, p. 352, � 69, effective August 9. L. 2023: (3)(g) amended, (SB 23-051), ch. 37, p. 147, � 27, effective March 23.
Cross references: In 2013, this section was added by the Keep Jobs In
Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
C.R.S. § 24-92-104
24-92-104. Exemptions - applicability. (1) The provisions of sections 24-92-103 and 24-92-103.5 do not apply to:
(a) A public project for which the agency of government receives no bids or
for which all bids have been rejected; or
(b) A situation for which the responsible officer determines it is necessary to
make emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
(c) Contracts for architectural, engineering, land surveying, and landscape
architectural services as provided for in part 14 of article 30 of this title.
(2) Nothing in this article shall be construed to affect or limit any additional
requirements imposed upon an agency of government for awarding contracts for public projects.
(3) This article shall not apply to any county, municipality, school district,
special district, or political subdivision of the state and shall not be construed to affect any requirements which may otherwise apply to such entities for awarding contracts for public projects, except as provided in section 24-92-109.
Source: L. 81: Entire article added, p. 1256, � 1, effective July 1. L. 2014: IP(1)
amended, (HB 14-1387), ch. 378, p. 1852, � 61, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-92-107
24-92-107. Prequalification of contractors. Prospective contractors may be prequalified for particular types of construction, and the method of compiling a list of and soliciting from such potential contractors shall be pursuant to rules.
Source: L. 81: Entire article added, p. 1257, � 1, effective July 1.
C.R.S. § 24-92-110
24-92-110. Rules and regulations. The executive director of the department of personnel shall promulgate rules and regulations which are designed to implement the provisions of this article 92; except that the executive director of the department of transportation shall promulgate rules and regulations relating to bridge and highway construction bidding practices including, notwithstanding any other provisions of this article 92, rules governing debarment of contractors. The rules must include provisions requiring agencies of government to keep certain public project records, even if duplicative, in accordance with generally accepted cost accounting principles and standards. In addition, the rules must include criteria to be used by a responsible procurement official in evaluating a response to an invitation for best value bids pursuant to section 24-92-103.5 (3).
Source: L. 81: Entire article added, p. 1257, � 1, effective July 1. L. 83: Entire
section amended, p. 1025, � 1, effective April 21. L. 84: Entire section amended, p. 293, � 3, effective April 30. L. 91: Entire section amended, p. 1068, � 38, effective July 1. L. 95: Entire section amended, p. 661, � 90, effective July 1. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1402, � 11, effective May 24. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 352, � 71, effective August 9.
Cross references: (1) For the legislative declaration contained in the 1995
act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) In 2013, this section was amended by the Keep Jobs In Colorado Act of
- For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
C.R.S. § 24-92-115
24-92-115. Apprenticeship utilization requirements - mechanical, electrical, and plumbing contracts - public projects - definition. (1) (a) [Editor's note: This version of the introductory portion to subsection (1)(a) is effective until July 1, 2027.] Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public works project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:
(1) (a) [Editor's note: This version of the introductory portion to subsection
(1)(a) is effective July 1, 2027.] Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:
(I) Identifies the contractors or subcontractors that will be used for all
mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;
(II) Certifies that all firms identified participate in apprenticeship programs
registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and have a proven record of graduating apprentices as follows:
(A) Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen
percent of its apprentices for at least three of the past five years;
(B) Beginning July 1, 2026, through June 30, 2031, a minimum of twenty
percent of apprentices for at least three of the past five years; and
(C) Beginning July 1, 2031, and each year thereafter, a minimum of thirty
percent of apprentices for at least three of the past five years; and
(III) Supplies supporting documentation from the United States department
of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.
(b) The provisions of this section do not apply to the department of
transportation, regardless of the amount or funding source of the public project. The provisions of this section also do not apply to any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.
(c) For the purposes of subsection (1)(a)(II) of this section, graduating
means the completion of a multi-year program, including the requisite classroom course work and on-the-job training requirements and a certificate of completion issued by the United States department of labor's office of apprenticeship or awarded pursuant to article 15.7 of title 8.
(2) The documentation required pursuant to subsection (1) of this section
shall be made publicly available by the contracting agency of government through its website within thirty days from when it is submitted.
(3) To ensure compliance with the requirements of subsection (1) of this
section, the general contractor or other firm to which the contract is awarded shall agree to provide additional documentation to the contracting agency regarding affected apprenticeship training programs relating to the requirements of this section. If a contracting agency of government determines that a mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented their qualifications required to comply with this section in the contract, the agency of government shall direct the contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the public project. At the discretion of the director of the department of personnel, the state may initiate the process to debar the contractor pursuant to section 24-109-105, and may pursue any other remedy provided by law.
(4) Upon evaluation of the submitted bids, the contracting agency of
government may waive the requirements of this section for a public project if the agency of government determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. Each agency of government that has contracts for public projects subject to the requirements of this section shall make public all waivers and the specific rationale for granting the waiver. The agency of government shall post notice of the waiver and a justification for the waiver on its website.
(5) Nothing in this section shall be construed to supersede the requirements
for licensed plumbers, licensed electricians, or apprentices registered with the state pursuant to title 12, including sections 12-115-109, 12-115-115, 12-155-108, and 12-155-124.
(6) (a) To promote and facilitate the development of new apprenticeship
programs, an apprenticeship program that does not satisfy the requirements of subsection (1)(a) of this section may petition the department of labor and employment for conditional approval for the purposes of this section. To be allowed conditional approval, an apprenticeship program must demonstrate the following:
(I) The program has been registered with the United States department of
labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and has been providing training for at least six months; and
(II) The program is performing bona fide apprenticeship training as
evidenced by information showing that it has the requisite facilities, personnel, and other resources needed to provide such training; and
(b) (I) If conditional approval is granted, the program will remain eligible for
future covered projects, subject to annual reviews by the department of labor and employment for five years after conditional approval is granted or until it can satisfy the requirements of subsection (1)(a) of this section and can show a three-year graduation track record.
(II) To maintain conditional approval pursuant to this subsection (6), the
apprenticeship program must demonstrate to the department of labor and employment that it has registered new apprentices into its program for every year it has been in operation and that it has advanced, at a minimum, ten percent of its apprentices in each year of operation. The department shall rescind a conditional approval for any program that fails to maintain these standards.
(7) (a) For an energy sector public works project, as defined in section 24-92-303 (5), the general contractor or other firm to which the contract is awarded shall:
(I) Identify, at the time they are put under contract, all contractors or
subcontractors required for the project, other than those used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, plumbing work, and construction craft labor; and
(II) Certify that all contractors or subcontractors identified participate in
apprenticeship training programs registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor's employment and training administration and have a proven record of graduating apprentices for at least three of the past five years.
(b) Subsections (1)(a) to (1)(c) of this section apply to mechanical, electrical,
and plumbing contractors and subcontractors subject to this subsection (7).
(c) Contractors and subcontractors that are subject to the requirements of
this subsection (7) and that provide construction craft labor must certify that all firms identified participate in apprenticeship training programs that are registered with the United States department of labor's employment and training administration or a state apprenticeship agency recognized by the United States department of labor's employment and training administration and that:
(I) Satisfy the graduation requirements of subsections (1)(a)(II)(A) to
(1)(a)(II)(C) of this section at the time the contract or subcontract was executed; and
(II) Provide documentation required in subsection (1)(a)(III) of this section.
(d) Upon evaluation of the submitted bids, a public utility, independent power
producer, or cooperative electric association may waive the requirements of this section if it determines that there is substantial evidence that there are no responsive eligible contractors or subcontractors for any trades available to fulfill the apprenticeship requirements for one or more of the trades subject to this section. Any party exercising a waiver pursuant to this subsection (7)(d) shall disclose the waiver on a publicly accessible website, including the contractor or subcontractor to which the waiver applies and the specific rationale for the waiver.
(e) In the event of an extreme weather event, a wildfire, or an emergency
declared by the state of Colorado or the federal government, a public utility or cooperative electric association may waive the requirements of this subsection (7) when performing repair work to restore electric service to customers or association members when it can reasonably demonstrate that:
(I) The capacity needed to restore power exceeds the public utility's or
cooperative electric association's available capacity for emergency repairs through its employees, standby contractor capacity, or applicable mutual aid agreements; and
(II) A good faith effort to identify contractors and subcontractors that can
comply with this subsection (7) was made and no eligible contractors or subcontractors were available for the time frame for which the emergency capacity was needed.
Source: L. 2019: Entire section added, (SB 19-196), ch. 316, p. 2946, � 1,
effective August 2. L. 2021: (1)(c) amended, (HB 21-1007), ch. 309, p. 1892, � 9, effective July 1. L. 2022: (5) amended, (SB 22-212), ch. 421, p. 2989, � 102, effective August 10. L. 2023: IP(1)(a)(II), (1)(a)(III), IP(6)(a), and (6)(a)(I) amended, (SB 23-051), ch. 37, p. 148, � 28, effective March 23; (7) added, (SB 23-292), ch. 247, p. 1359, � 3, effective January 1, 2024. L. 2024: (5) amended, (HB 24-1450), ch. 490, p. 3418, � 54, effective August 7. L. 2025: IP(1)(a) amended, (HB 25-1130), ch. 393, p. 2217, � 2, effective July 1, 2027.
C.R.S. § 24-92-115.5
24-92-115.5. Public projects - use of project labor agreements - definitions. [Editor's note: This section is effective July 1, 2027.]
(1) As used in this section, unless the context otherwise requires:
(a) Agency of government has the meaning set forth in section 24-92-201
(1).
(b) Craft labor means employees who are engaged in the construction of a
public project, including all trades, crafts, and occupations that are paid hourly.
(c) Lead contractor means a general contractor, construction manager,
developer, design builder, or other party that is primarily responsible to an agency of government for performing construction under a contract for a public project.
(d) Project labor agreement means a prehire collective bargaining
agreement between a lead contractor for a public project of an agency of government and construction labor organizations, including but not limited to the Colorado building and construction trades council and its affiliates or a group of labor unions covering the affected trades necessary to perform work on the public project, that establishes the terms and conditions of employment of the construction workforce on the public project. A project labor agreement must include provisions that:
(I) Set forth effective, immediate, and mutually binding procedures for
resolving jurisdictional labor disputes and grievances arising before the completion of work;
(II) Contain guarantees against strikes, lockouts, or similar actions;
(III) Ensure a reliable source of trained, skilled, and experienced craft labor;
(IV) Further public policy objectives regarding improved employment
opportunities for minorities, women, or other economically disadvantaged populations in the construction industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;
(V) Permit the selection of the lowest qualified responsible bidder or lowest
qualified responsible offeror without regard to union or non-union status at other construction sites;
(VI) Bind all contractors and subcontractors on the public project to the
project labor agreement through the inclusion of appropriate bid specifications in all relevant contract documents; and
(VII) Include other terms as the parties deem appropriate.
(e) Public project has the meaning set forth in section 24-92-201 (5).
(2) An agency of government is authorized to incorporate a project labor
agreement requirement for a public project in the amount of one million dollars or more if the project labor agreement will promote successful project delivery by securing a skilled labor force for the project and if it will promote cost efficiency, safety, quality, and timely completion of the project. The determination to enter into a project labor agreement is at the discretion of the agency of government.
Source: L. 2025: Entire section added, (HB 25-1130), ch. 393, p. 2216, � 1,
effective July 1, 2027.
C.R.S. § 24-92-117
24-92-117. Maximum global warming potential for materials used in eligible projects - buildings - projects that are not roads, highways, or bridges - environmental product declaration - short title - report - definitions. (1) The short title of this section and section 24-92-118 is the Buy Clean Colorado Act.
(2) As used in this section, unless the context otherwise requires:
(a) Eligible material means materials used in the construction of a public
project, including:
(I) Asphalt and asphalt mixtures;
(II) Cement and concrete mixtures;
(III) Glass;
(IV) Post-tension steel;
(V) Reinforcing steel;
(VI) Structural steel; and
(VII) Wood structural elements.
(b) Eligible project means a public project as defined in section 24-92-102,
for which an agency of government issues a solicitation on or after January 1, 2024; except that eligible project does not include any maintenance program for the upkeep of a public project or any road, highway, or bridge project.
(c) Greenhouse gas has the same meaning as set forth in section 25-7-140
(6).
(d) Office of the state architect means the office of the state architect in
the department of personnel.
(3) (a) By January 1, 2024, the office of the state architect shall establish by
policy a maximum acceptable global warming potential for each category of eligible materials used in an eligible project in accordance with the following requirements:
(I) The office of the state architect shall base the maximum acceptable
global warming potential on the industry average of global warming potential emissions for that material. The office of the state architect shall determine the industry average by consulting nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions.
(II) The office of the state architect shall express the maximum acceptable
global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials. The global warming potential shall be provided in a manner that is consistent with criteria in an environmental product declaration. The office of the state architect may establish additional subcategories within each eligible material with distinct maximum acceptable global warming potential limits. The policy may permit maximum acceptable global warming potential for each material category in the aggregate.
(b) In establishing a maximum acceptable global warming potential for each
category of eligible materials used in an eligible project, the office of the state architect may consult with any other relevant department or division of state government.
(c) By January 1, 2026, and every four years thereafter, the office of the state
architect shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the number for any eligible material to reflect industry conditions. The office of the state architect shall not adjust the number upward for any eligible material.
(4) (a) (I) For any solicitation for a contract for the design of an eligible
project, an agency of government shall require the designer who is awarded the contract to include, in project specifications when final construction documents are released, a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the office of the state architect for each eligible material proposed to be used in the eligible project that meet the maximum acceptable global warming potential for each category of eligible materials.
(II) If a product that meets the maximum acceptable global warming
potential for a category of eligible materials is not reasonably priced or is not available on a reasonable basis at the time of design or construction, the office of the state architect may waive the requirements of this section for that product.
(b) For any solicitation for a contract for an eligible project, an agency of
government shall specify the eligible materials that will be used in the project and reasonable minimum usage thresholds below which the requirements of this section shall not apply. An agency of government may include in a specification for solicitations for an eligible project a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined pursuant to subsection (3) of this section.
(c) A contractor that is awarded a contract for an eligible project shall not
install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (4)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the original specification required by subsection (4)(a) of this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the agency of government and install an alternative eligible material with an environmental product declaration. If a product meeting the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the agency of government may waive the requirements of this section for that product. The agency of government shall report the waivers it awards to the office of the state architect.
(5) In administering this section, the office of the state architect shall strive
to achieve a continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).
(6) Beginning in 2026, and in each year thereafter, the office of the state
architect shall prepare a report for the general assembly that includes the following information:
(a) For the report prepared in 2026 only, a description of the method that the
office of the state architect used to develop the maximum acceptable global warming potential for each category of eligible materials;
(b) What the office of the state architect has learned about how to identify
and quantify embodied carbon in building materials, including life cycle costs; and
(c) Any obstacles the office of the state architect as well as bidding
contractors have encountered in identifying and quantifying embodied carbon in building materials.
(7) For purposes of the sales and use tax exemption for eligible
decarbonizing building materials allowed pursuant to section 39-26-731, any manufacturer of an eligible material may submit the environmental product declaration for the eligible material to the office of the state architect. The office shall review the environmental product declaration for any eligible material submitted to the office by a manufacturer, and shall determine whether the manufacturer's eligible material is within the maximum acceptable global warming potential for that material as determined by the office pursuant to subsection (3) of this section. Beginning January 1, 2024, the office shall compile and maintain a list of all eligible materials and the manufacturers of the eligible materials that are submitted to the office and verified by the office to be within the maximum acceptable global warming potential for that material as determined by the office pursuant to subsection (3) of this section. In compiling the list, the office shall consult with the department of revenue to ensure that all information required for purposes of the sales and use tax exemption allowed pursuant to section 39-26-731 is included on the list. The office shall regularly update the list, post the most current version of the list on the office's website, and ensure that the list is available to the department of revenue.
Source: L. 2021: Entire section added, (HB 21-1303), ch. 454, p. 3023, � 2,
effective September 7. L. 2022: (7) added, (SB 22-051), ch. 333, p. 2345, � 1, effective August 10.
Cross references: For the legislative declaration in HB 21-1303, see section 1
of chapter 454, Session Laws of Colorado 2021.
C.R.S. § 24-92-118
24-92-118. Maximum global warming potential for materials used in public projects - road - highway - bridge projects - environmental product declaration - short title - report - definitions. (1) The short title of this section and section 24-92-117 is the Buy Clean Colorado Act.
(2) As used in this section, unless the context otherwise requires:
(a) Department means the department of transportation.
(b) Eligible material means materials used in the construction of a public
project, including, but not limited to:
(I) Asphalt and asphalt mixtures;
(II) Cement and concrete mixtures; and
(III) Steel.
(c) Greenhouse gas has the same meaning as set forth in section 25-7-140
(6).
(d) Public project means all publicly bid construction projects, projects
from within the asset management, or other projects as determined by the department.
(3) (a) By January 1, 2025, the department shall establish a policy to
determine and record greenhouse gas emissions from eligible materials used in a public project with the goal of reducing greenhouse gas emissions in accordance with the following requirements:
(I) The department shall use the nationally or internationally recognized
databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions; and
(II) The department shall develop a tracking and reporting process in a
manner that is consistent with criteria in an environmental product declaration. The department may establish additional subcategories within each eligible material with distinct maximum global warming potential limits.
(b) In establishing the policy pursuant to this section, the department may
consult with any other relevant department or division of state government.
(c) By January 1, 2027, and every four years thereafter, the department of
transportation shall review the policy created pursuant to this section and may adjust the policy to reflect industry conditions. The department shall not adjust the policy for any eligible material to be less stringent.
(4) (a) For invitation for bids for contracts for public projects issued on or
after July 1, 2022, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, for each eligible material proposed to be used in the public project.
(b) For invitation for bids for contracts for public projects issued on or after
July 1, 2025, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the department for each eligible material proposed to be used in the public project.
(c) For invitation for bids for contracts for publicly bid public projects issued
on or after July 1, 2025, the department of transportation shall specify the eligible materials that will be used in the project based on the policy and reasonable minimum usage thresholds below which the requirements of this section shall not apply.
(d) A contractor that is awarded a contract for a public project shall not
install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (3)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the policy established by the department pursuant to this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the department and install an alternative eligible material with an environmental product declaration. If a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the department may waive the requirements of this section for that product.
(5) In administering this section, the department shall strive to achieve a
continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).
(6) Beginning in 2026, the department shall annually present the following
information to the transportation legislation review committee, or any successor committee:
(a) For the presentation in 2026 only, a description of the method that the
department used to develop the policy requirements for each category of eligible materials;
(b) What the department has learned about how to identify and quantify
embodied carbon in building materials, including life cycle costs; and
(c) Any obstacles the department as well as bidding contractors have
encountered in identifying and quantifying embodied carbon in building materials.
Source: L. 2021: Entire section added, (HB 21-1303), ch. 454, p. 3026, � 2,
effective September 7.
Cross references: For the legislative declaration in HB 21-1303, see section 1
of chapter 454, Session Laws of Colorado 2021.
PART 2
PREVAILING WAGE FOR PUBLIC PROJECTS
C.R.S. § 24-92-201
24-92-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Agency of government means any agency, department, division, board,
bureau, commission, institution, or section of the state which is a budgetary unit exercising construction contracting authority or discretion. Agency of government does not include any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.
(2) Contractor means any person having a contract for a public project with
an agency of government.
(3) Director means the director of the department of personnel.
(4) Employees means workers who are employees pursuant to section 8-4-101 (5), and who are engaged by contractors or subcontractors to perform jobs on
various types of public projects including mechanics, laborers, and other construction workers.
(5) Public project means any construction, alteration, repair, demolition, or
improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects. Public project includes any work, construction, or repair performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more agencies of government.
(6) Wages, scale of wages, wage rates, minimum wages, and
prevailing wages means:
(a) The basic hourly rate of pay; and
(b) For medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of:
(I) The rate of contribution irrevocably made by a contractor or
subcontractor to a trustee or to a third person under a fund, plan, or program; and
(II) The rate of costs to the contractor or subcontractor that may be
reasonably anticipated in providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the employees affected.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2949, � 2, effective
August 2.
C.R.S. § 24-92-202
24-92-202. Contractors subject to provisions - weekly payment of employees - rules. (1) Except as otherwise provided in subsection (2) of this section, any contractor who is awarded a contract for a public project by an agency of government in the amount of five hundred thousand dollars or more, and any subcontractors working on the public project, shall pay their employees at weekly intervals and shall comply with the enforcement provisions established in section 24-92-209. This part 2 applies to a contract for a public project awarded pursuant to part 1 of this article 92 and to an integrated project delivery contract for a public project awarded pursuant to article 93 of this title 24. This part 2 does not apply to contracts for public projects that receive federal funding.
(2) This part 2 does not apply to the department of transportation,
regardless of the amount or funding source of the public project; except that a contractor performing work on a public project for the department of transportation is required to pay employees performing work on any public project, regardless of the amount or funding source of the public project, in accordance with the wage requirements of the federal Davis-Bacon Act, 40 U.S.C. sec. 3141 et seq., and related federal acts. Any work performed on a public project under the supervision of the department of transportation that is electrical work, as defined in section 12-115-103 (5), must utilize licensed journeymen electricians, as defined in section 12-115-103 (6), licensed master electricians, as defined in section 12-115-103 (7), or registered and properly supervised apprentices, as defined in section 12-115-103 (1), regardless of whether the work is performed by department of transportation employees or performed by a contractor on behalf of the department of transportation.
(3) The director may promulgate rules in accordance with article 4 of this
title 24 as may be necessary to administer and enforce any requirement of this part 2.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2950, � 2, effective
August 2. L. 2021: (2) amended, (HB 21-1056), ch. 181, p. 978, � 4, effective September 7.
C.R.S. § 24-92-203
24-92-203. Prevailing rate of wages and other payments - specifications in solicitations and contract. (1) For solicitations issued for public projects on or after January 1, 2022, before awarding any contract for a public project in the amount of five hundred thousand dollars or more, an agency of government shall obtain from the director the general prevailing rate, as determined by the director pursuant to section 24-92-205, of the regular, holiday, and overtime wages paid and the general prevailing payments on behalf of employees to lawful welfare, pension, vacation, apprentice training, and educational funds in the state, for each employee needed to execute the contract for the public project. Payments to the funds must constitute an ordinary business expense deduction for federal income tax purposes by contractors and subcontractors.
(1.5) Repealed.
(2) An agency of government shall specify in the competitive solicitation for
a public project in the amount of five hundred thousand dollars or more and in the contract for such public project, the general prevailing rate of the regular, holiday, and overtime wages paid and the payments on behalf of employees to the welfare, pension, vacation, apprentice training, and education funds existing in the geographic locality for each employee needed to execute the contract or work.
(3) The general prevailing rate of the regular, holiday, and overtime wages
paid and the payments on behalf of employees to the welfare, pension, vacation, apprentice training, and education funds specified in the competitive solicitation and in the contract for a public project pursuant to subsection (2) of this section shall remain the same for the duration of the work on the public project.
(4) Contracting agencies of government shall not artificially divide public
projects to avoid compliance with the requirements of this part 2.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2950, � 2, effective
August 2. L. 2021: (1) amended and (1.5) added, (HB 21-1319), ch. 305, p. 1830, � 1, effective June 23.
Editor's note: Subsection (1.5)(b) provided for the repeal of subsection (1.5),
effective June 30, 2025. (See L. 2021, p. 1830.)
C.R.S. § 24-92-204
24-92-204. Specification in contract - payment of wages - amount and frequency - unclaimed prevailing wages special trust fund - creation. (1) Every contract for a public project subject to the provisions of this part 2 shall contain a stipulation that:
(a) The contractor and any subcontractors shall pay all the employees
employed directly on the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment computed at wage rates not less than those stated in the competitive solicitation, regardless of any contractual relationships that may be alleged to exist between the contractor or subcontractor and the employees;
(b) The contractor and any subcontractors shall prepare and submit payroll
reports to the contracting agency of government on a monthly basis that disclose all relevant payroll information, including the name and address of any entities to which fringe benefits are paid, and that the contracting agency of government is required to review the certified payroll reports in a timely manner as required by the state contract;
(c) The contractor and any subcontractors shall maintain on the site where
public projects are being constructed a daily log of employees employed each day on the public project. The log shall include, at a minimum, for each employee his or her name, primary job title, and employer, and shall be kept on a form prescribed by the director. The log shall be available for inspection on the site at all times by the contracting agency of government and the director.
(d) If the contractor or any subcontractor fails to pay wages as are required
by the contract, the contracting agency of government shall not approve a warrant or demand for payment to the contractor until the contractor furnishes the contracting agency of government evidence satisfactory to such agency of government that such wages so required by the contract have been paid; except that the contracting agency of government shall approve and pay any portion of a warrant or demand for payment to the contractor to the extent the agency of government has been furnished evidence satisfactory to the agency of government that the contractor or one or more subcontractors has paid such wages required by the contract, even if the contractor has not furnished evidence that all of the subcontractors have paid wages as required by the contract. Any contractor or subcontractor may use the following procedure in order to satisfy the requirements of this section:
(I) The contractor or subcontractor may submit to the director, for each
employee to whom such wages are due, a check as required by the director. Such check shall be payable to that employee or to the state so it is negotiable by either of those parties. Each such check shall be in an amount representing the difference between the accrued wages required to be paid to that employee by the contract and the wages actually paid by the contractor or subcontractor.
(II) If any check submitted pursuant this subsection (1)(d) cannot be delivered
to the employee within a reasonable period as determined by the director, then it shall be negotiated by the state and the proceeds deposited in the unclaimed property trust fund created in section 38-13-116.6. Nothing in this subsection (1) shall be construed to lessen the responsibility of the contractor or subcontractor to attempt to locate and pay any employee to whom wages are due.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2951, � 2, effective
August 2.
C.R.S. § 24-92-207
24-92-207. Prevailing wage rates - posting. (1) Each contractor awarded a contract for public project with a contract price of five hundred thousand dollars or more and each subcontractor who performs work on the public project shall post in conspicuous places on the project, where employees are employed, posters that contain the current prevailing rate of wages and the current prevailing rate of payments to the funds required to be paid for each employee employed to execute the contract as established in sections 24-92-203 and 24-92-204, and the rights and remedies of any employee described in section 24-92-210 for nonpayment of any wages earned pursuant to this section. The posters shall be furnished to contractors and subcontractors by the director in a form and manner to be determined by the director.
(2) A contractor or subcontractor who fails to comply with this section
commits a petty offense and shall pay to the director one hundred dollars for each calendar day of noncompliance as determined by the director.
(3) Contracts for public works projects shall contain the specific obligations
of the contractor under this section including provisions regarding the posting of posters on the job site as required by this section and the department's procedures for the contractor to receive the posters.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2952, � 2, effective
August 2. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3231, � 440, effective March 1, 2022.
C.R.S. § 24-92-208
24-92-208. Apprenticeship contribution rate. (1) (a) The director shall establish a separate apprenticeship contribution rate under the prevailing wage and fringe benefit requirements of this part 2.
(b) The contracting agency of government shall specify in the competitive
solicitation for a public project in the amount of five hundred thousand dollars or more and in the contract for such public project the apprenticeship contribution rate and fringe benefit requirements of this part 2.
(c) The director shall update the applicable apprenticeship contribution rate
as determined pursuant to subsection (1)(a) of the section on or before July 1, 2022, and on or before July 1 each year thereafter.
(d) The applicable apprenticeship contribution rate specified in the
competitive solicitation and in the contract for a public project pursuant to this subsection (1) shall remain the same for the duration of the work on the public project.
(2) The amount of the apprenticeship contribution will be set in accordance
with the apprenticeship contribution of the collective bargaining agreement of the applicable trade in the geographic locality of the public project. Contractors shall achieve compliance with this requirement by one of the following options:
(a) Contractors signatory to the applicable collective bargaining agreement
shall be required to pay no more than the apprenticeship contribution rate of the agreement;
(b) Contractors that are not signatory to a collective bargaining agreement
but that are members of a multi-employer trade association that sponsors an apprenticeship program registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor, or that directly sponsor such a program for their own employees, shall pay the determined apprenticeship contribution to that program or to a state apprenticeship agency recognized by the United States department of labor; or
(c) Except as otherwise provided in subsection (5) of this section, contractors
that do not qualify for either option specified in subsection (2)(a) or (2)(b) of this section shall be required to pay the amount of the apprenticeship contribution to affected workers in cash payments in addition to the other components of the prevailing wage and fringe benefit package required pursuant to this part 2.
(3) The apprenticeship contribution rate shall be deducted from the
prevailing wage rate package to avoid double payment by the contractor or subcontractor.
(4) To the extent feasible, the department of personnel shall publish an
annual report detailing the amount of apprenticeship training contribution paid pursuant to subsections (2)(a), (2)(b), and (2)(c) of this section from information reported by the contracting agencies of government. An annual report issued by the department of personnel pursuant to this subsection (4) is only required to include solicitations issued for public projects on or after January 1, 2022.
(5) If the data tracked by the department of personnel demonstrates that
portions of the apprentice contributions required pursuant to subsection (2) of this section are paid under the requirements of subsection (2)(c) of this section at a higher rate than under the requirements of subsection (2)(a) or (2)(b) of this section, the department may promulgate rules for alternatives to the requirements subsection (2)(c) of this section.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2953, � 2, effective
August 2. L. 2021: (4) amended, (HB 21-1319), ch. 305, p. 1831, � 3, effective June 23; (2)(b) amended, (HB 21-1007), ch. 309, p. 1892, � 11, effective July 1. L. 2023: (2)(b) amended, (SB 23-051), ch. 37, p. 148, � 29, effective March 23.
C.R.S. § 24-92-209
24-92-209. Enforcement - rules. (1) Upon receipt of a complaint from an employee, a former employee, or a contracting agency derived from an analysis of certified payroll records, a contracting agency of government shall report any perceived violation of this part 2 to the contractor within forty-eight hours of being made aware of the perceived violation. In connection with the perceived violation:
(a) The contracting agency of government shall allow the contractor to cure
the perceived violation within fifteen calendar days if the contractor can demonstrate the instance in question was the result of legitimate administrative error.
(b) If the contractor does not remedy the perceived violation within fifteen
calendar days or if the contracting agency determines that the perceived violation was willful, the contracting agency shall report the perceived violation to the department of labor and employment for investigation.
(2) (a) The department of labor and employment shall investigate all
complaints referred to the department by the contracting agency of government to determine if the perceived violation was conducted in a willful manner.
(b) For the purposes of this section, willful violation includes intentional
violations and those violations made with reckless disregard or deliberate ignorance of the law.
(3) If the department of labor and employment determines that a willful
violation occurred, it shall require restitution of applicable back pay for the impacted employees and shall subject the contractor to the following fines:
(a) Five thousand dollars for the first violation;
(b) Ten thousand dollars for the second violation; and
(c) Twenty-five thousand dollars for the third and all subsequent violations.
(4) At the discretion of the director, the contractor may be debarred if they
have been found to have three or more willful violations in any five year period. The term of debarment will be three years.
(5) The department of labor and employment shall maintain a list of
contractors who have been found to have willfully violated this act, including details of the violation, on a publicly available website.
(6) If a contracting agency of government or the department of labor and
employment fails to resolve an actionable wage claim within one hundred twenty days from the date of the initial determination by the department that a willful violation occurred, the employee shall have the right to file a private lawsuit pursuant to section 24-92-210.
(7) The department of labor and employment shall promulgate rules in
accordance with article 4 of this title 24 as may be necessary to administer and enforce any requirement of this part 2. Such rules shall include a reasonable administrative appeal process for determinations made pursuant to this section and an administrative process for an employee or former employee of a contractor or subcontractor to file a complaint for a violation of this part 2.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2954, � 2, effective
August 2.
C.R.S. § 24-92-210
24-92-210. Private right of action to collect wages or benefits - definition. (1) An employee or former employee of a contractor or subcontractor may bring a civil action for a violation of section 24-92-204 for appropriate injunctive relief, actual damages, or both within three years after the occurrence of the alleged violation. An action commenced pursuant to this section may be brought in the district court for the county where the alleged violation occurred, the county where the complainant resides, or the county where the person against whom in the civil complaint is filed resides or has their principal place of business. Any contractor or subcontractor who violates section 24-92-204 shall be liable to the affected employee or employees in the amount of unpaid wages or benefits plus interest.
(2) A contractor or subcontractor's responsibility and liability is solely for its
own employees.
(3) An action initiated pursuant to this section may be brought by one or
more employees or former employees on behalf of him or herself or themselves and other employees similarly situated; except that no employee shall be a party to any such action unless he or she consents in writing to become such a party and such consent is filed in the court in which such action is brought.
(4) If the court finds that an action brought pursuant to this section was
frivolous, the court shall award costs and attorney fees to the defendant in the action.
(5) The court in an action filed under this section shall award affected
employees or former employees liquidated damages in an amount equal to the amount of unpaid wages or benefits owed. Unpaid fringe benefit contributions owed pursuant to this section in any form shall be paid to the appropriate benefit fund; except that in the absence of an appropriate fund the benefit shall be paid directly to the individual.
(6) The filing of a civil action under this section shall not preclude the
director from prohibiting a contractor or subcontractor from bidding on or otherwise participating in state contracts or from prohibiting termination of work on failure to pay agreed wages.
(7) (a) Any person, firm, or corporation found to have willfully made a false or
fraudulent representation in connection with wage obligations owed on a contract shall be required to pay a civil penalty in an amount of no less than one thousand dollars and not greater than three thousand dollars per representation. Such penalties shall be recoverable in civil actions filed pursuant to this section.
(b) For purposes of this subsection (7) willfully means representations that
are known to be false or representations made with deliberate ignorance or reckless disregard for their truth or falsity.
(8) An employer shall not discharge, threaten, or otherwise discriminate
against an employee, or former employee, regarding compensation terms, conditions, locations or privileges of employment because the employee or former employee, or a person or organization acting on his or her behalf reports or makes a complaint under this section or otherwise asserts his or her rights under this section.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2955, � 2, effective
August 2.
PART 3
ENERGY SECTOR PUBLIC WORKS PROJECTS
CRAFT LABOR REQUIREMENTS
Editor's note: Section 13(2) of chapter 247 (SB 23-292), Session Laws of
Colorado 2023, provides that the act adding this part 3 applies to any energy sector public works project for which a public utility or cooperative electric association invitation for bids or proposals is issued on or after January 1, 2024.
C.R.S. § 24-92-302
24-92-302. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The energy industry in Colorado is undergoing a historic transformation
to address threats posed by climate change, which includes efforts to diversify capacity, promote the development of renewable and other clean, non-carbon generation sources, and electrify major segments of the state's economy;
(b) These developments will require massive investments of resources from
the state and public utility companies, which will ultimately be paid by residents through future taxes and utility bills;
(c) The safe and cost-effective delivery of these projects is vital to the public
health and welfare of residents and the economic security of the state, and critical to ensure that adequate power is provided to Colorado homes and businesses;
(d) Deficient planning of these resources can result in escalating utility bills
and dangerous power outages if power supply is not maintained in sufficient capacity to meet future, growing demand. For these reasons, appropriate measures must be taken to protect future energy investments, promote successful construction delivery, and prevent errors in the planning and delivery of new facilities.
(e) One of the most challenging aspects of energy facility construction is
ensuring that projects are supported by capable craft labor resources. It is essential for these projects to be staffed by a reliable and adequate supply of properly trained workers in all applicable trades and crafts required for these facilities.
(f) Energy sector public works projects built by or for the use of regulated
utilities, like traditional public projects, are often built for the collective benefit of all citizens and residents of Colorado. These projects are often funded through public tax dollars or through the collective resources acquired through Colorado utilities billing customers. Like tax dollars, these resources acquired through utility rates should demand a higher standard of public benefit back to the consumers and communities from which the resources were collected.
(g) Extensive research shows that prevailing wage laws are effective in
attracting better qualified workers to projects and promoting critically needed investments in apprenticeship training required to ensure adequate craft labor skill levels and productivity. Likewise, the use of registered apprenticeship training programs and project labor agreements has been proven to be the most effective strategy for providing high-level skills training and ensuring needed qualification credentialing for workers in the construction industry.
(h) By providing project owners, developers, and contractors unique and
unparalleled access to an adequate supply of well-trained, highly skilled craft labor in affected project areas, craft labor standards promote successful project delivery goals, including quality, safety, timeliness, and cost-efficiency, by providing effective quality control over craft labor supply capabilities, as well as risk avoidance to prevent disruptions and other labor performance problems caused by inadequate craft labor capabilities;
(i) For these reasons, incorporating prevailing wage standards and
apprenticeship requirements and encouraging project labor agreements for public utilities and other energy facility planning and construction is necessary to protect and promote the public's interest in these projects;
(j) By incorporating well established quality contracting procurement tools,
such as prevailing wages, apprenticeship utilization requirements, and project labor agreements into our energy resource planning, the state of Colorado will have the capabilities to better protect its energy investments, improve construction project delivery in the energy sector, fully document and evaluate the directives set forth in section 40-2-129, and create a clear set of standards for enforcement to achieve the law's intent for the benefit of Colorado workers and the communities where they live;
(k) Use of these quality contracting tools is already incorporated into
Colorado's traditional public procurement law as prevailing wage and apprenticeship policies adopted in sections 24-92-115 (7) and part 2 of this article 92. In addition, project labor agreements have been successfully used in Colorado in the past for projects in the energy sector and the broader private sector construction industry. These agreements have also been upheld by the courts, for example, in Bldg. & Constr. Trades Council v. Associated Builders & Contractors of Mass./R.I., Inc., 507 U.S. 230, 231 (1993), due to their ability to help secure reliable craft labor staffing and promote timely project delivery.
(l) Due to their benefits in promoting successful project delivery in projects
assisted by federal grants and tax credits, the federal government is strongly encouraging the use of these quality contracting tools generally, and especially in the energy sector, where major federal assistance programs under the recent federal Inflation Reduction Act of 2022, Pub.L. 117-169, are providing approximately three hundred seventy billion dollars in funding to promote clean energy sources across the country.
(2) The general assembly further finds and declares that because cost-effective, safe, and efficient generation, transmission, and distribution systems in
the energy sector are vital to the state's economy and the public welfare and safety, quality control and risk avoidance measures are necessary to ensure that the construction of projects necessary for these systems are adequately staffed by properly trained and qualified craft labor personnel.
Source: L. 2023: Entire part added, (SB 23-292), ch. 247, p. 1349, � 1,
effective January 1, 2024.
C.R.S. § 24-92-303
24-92-303. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Construction means the construction, alteration, or repair of an energy
sector public works project, consistent with and including the same limitations as the definition of construction as established in section 45 (b)(7)(a) of the federal Internal Revenue Code of 1986, as amended, and as described in all related official guidance from the federal internal revenue service and the United States department of labor implementing the applicable sections of the federal Inflation Reduction Act.
(2) Cooperative electric association has the same meaning as set forth in
section 40-9.5-102 (1).
(3) Craft labor means employees who are engaged in the construction of
an energy sector public works project, including all trades, crafts, and occupations, and who are paid hourly.
(4) Craft labor certification means all documentation and certification of
payroll required for an energy sector public works project in accordance with the requirements of section 24-92-115 (7) and part 2 of this article 92.
(5) (a) Energy sector public works project means any project in the state
that:
(I) Has the purpose of generating, transmitting, or distributing electricity or
natural gas to provide energy to Colorado individual consumers and businesses, is built by or for a public utility, including any project for which energy is purchased through a power purchaser or similar agreement, and is funded in whole or in part by:
(A) The state, through direct funding, loans, loan guarantees, land transfers,
tax assistance, including tax credits, deductions, or incentives, or other assistance allocated or appropriated by the state; or
(B) Utility customer funding as approved in any proceeding conducted by the
public utilities commission as part of an electric resource acquisition or requests for certificates of convenience and necessity for construction or expansion of a project, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants; or
(II) Has the purpose of generating or distributing electricity or natural gas
for the purposes of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association.
(b) Energy sector public works project includes the following project types,
so long as they satisfy the criteria in subsection (5)(a)(I) or (5)(a)(II) of this section:
(I) Power generation with a nameplate generation capacity of one megawatt
or higher, including generation sourced from wind, solar, geothermal, hydrogen, nuclear, or bioenergy, or any project that generates electricity from the combustion of oil, gas, or other fossil fuels or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher; and
(II) Other projects with a total project cost of one million dollars or more that
include:
(A) Pollution controls;
(B) Utility gas distribution;
(C) Electric transmission projects;
(D) Geothermal systems that are used to provide heat or heated water or
that operate as thermal systems or thermal networks as defined in law;
(E) Electric vehicle charging infrastructure installations;
(F) Hydrogen-related infrastructure construction projects;
(G) Any project that transports or stores carbon dioxide captured from
power generation; and
(H) Any other construction projects covered by this part 3.
(6) Federal prevailing wage and apprenticeship requirements means the
requirements under:
(a) Sections 45 (b)(7) and (8) of title 26 of the United States Code, whether
applicable directly or under a provision of the federal Internal Revenue Code of 1986, as amended, that applies such sections of the United States Code; or
(b) Sections 48 (a)(10) and (11) of title 26 of the United States Code, whether
applicable directly or under a provision of the federal Internal Revenue Code of 1986, as amended, that applies such sections of the United States Code.
(7) Federal Inflation Reduction Act means the federal Inflation
Reduction Act of 2022, United States Code, title 26, including but not limited to sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D, and associated implementing rules and guidance promulgated by the United States department of the treasury and the United States internal revenue service, as the statute and implementing rules and guidance may be amended from time to time.
(8) Lead contractor means a general contractor, construction manager,
developer, design builder, or other party that is primarily responsible to a public utility or independent power producer for performing construction under a contract for an energy sector public works project.
(9) Project labor agreement means a prehire collective bargaining
agreement between a lead contractor and construction labor organizations, including but not limited to the Colorado building and construction trades council and its affiliates or a group of labor unions covering the affected trades necessary to perform work on a project, that establishes the terms and conditions of employment of the construction workforce on an energy sector public works project. A project labor agreement must include provisions that:
(a) Set forth effective, immediate, and mutually binding procedures for
resolving jurisdictional labor disputes and grievances arising before the completion of work;
(b) Contain guarantees against strikes, lockouts, or similar actions;
(c) Ensure a reliable source of trained, skilled, and experienced construction
craft labor;
(d) Further public policy objectives regarding improved employment
opportunities for minorities, women, or other economically disadvantaged populations in the construction industry, including persons from disproportionately impacted communities, to the extent permitted by state and federal law;
(e) Permit the selection of the lowest qualified responsible bidder or lowest
qualified responsible offeror without regard to union or non-union status at other construction sites;
(f) Bind all contractors and subcontractors on the energy sector public works
project to the project labor agreement through the inclusion of appropriate bid specifications in all relevant contract documents; and
(g) Include other terms as the parties deem appropriate.
(10) Public utility has the same meaning as set forth in section 40-1-103.
Source: L. 2023: Entire part added, (SB 23-292), ch. 247, p. 1351, � 1,
effective January 1, 2024.
C.R.S. § 24-92-304
24-92-304. Energy sector public works projects - craft labor employment - training - wage requirements. (1) (a) Except as otherwise provided in subsections (1)(b) and (1)(c) of this section, a contract between public utilities, cooperative electric associations, or independent power producers and lead contractors for an energy sector public works project must include provisions expressly requiring that all work performed under the contract comply with the requirements of section 24-92-115 (7) and the requirements of part 2 of this article 92 if the project is an electric power generation project with a nameplate generation capacity of one megawatt or higher or if the project is a project specified in section 24-92-303 (5)(b)(II) with a total project cost of one million dollars or more. These requirements constitute material terms of such contracts.
(b) (I) For energy sector public works projects funded pursuant to section 24-92-303 (5)(a)(I)(A), the requirements of this part 3 apply only when the project is a
power generation project with a nameplate generation capacity of one megawatt or higher or an energy storage system as defined by section 40-2-202 with an energy rating of one megawatt of power capacity or four megawatt hours of useable energy capacity or higher and the aggregated public assistance from the state is five hundred thousand dollars or more.
(II) For energy sector public works projects under section 24-92-303
(5)(b)(II), the requirements of this part 3 apply only when the total project cost is one million dollars or more, and the aggregated public assistance from the state, funding from a public utility, or funding from a cooperative electric association is five hundred thousand dollars or more.
(c) The requirements of this part 3 do not apply to:
(I) A project that is covered by a project labor agreement;
(II) Work on an energy sector public works project performed by the
employees of a utility company;
(III) So long as compliance with any applicable federal Inflation Reduction
Act qualification requirements is a material term of the agreement with a public utility, cooperative electric association, independent power producer, or the state, work on an energy sector public works project put out to bid on or after January 1, 2024, that is qualified for and claims the increased federal production tax credit or investment tax credit amount, excluding any domestic content, energy community, or low-income community bonus credit, as a result of:
(A) Satisfying the prevailing wage and apprenticeship requirements under
the provisions of the federal Inflation Reduction Act; or
(B) Achieving the start of construction prior to January 29, 2023, pursuant to
the principles outlined in the federal internal revenue service guidance and the United States department of labor guidance related to the federal Inflation Reduction Act, as amended or supplemented from time to time;
(IV) A utility-incentivized demand-side management or electrification
program pursuant to section 40-3.2-105.5 or 40-3.2-105.6;
(V) Utility or state-funded building energy efficiency programs;
(VI) Service agreements that were entered into by a public utility,
independent power producer, or cooperative electric association on or before March 1, 2023; except that, upon renewal or issuance of a new request for proposals, the service agreement must come into compliance with the requirements of this section;
(VII) Projects that involve an electric distribution line with a capacity of 69kv
or less; and
(VIII) Projects that involve pipelines with a specified minimum yield strength
less than thirty percent.
(2) Unless the contractual requirements specified in subsection (1) of this
section are in place, an affected project shall not be eligible to:
(a) Receive funding from the state through general fund appropriations, tax
credits, tax deductions, land transfers, or other funding or assistance provided by the general assembly or a government agency; or
(b) Receive any approvals or authorizations from the public utilities
commission, including approvals for utility funding or for commencement of the project, including a certificate of public convenience.
(3) The lead contractor engaged to perform construction services for an
energy sector public works project must require all subcontractors used on the project to comply with section 24-92-115 (7) and part 2 of this article 92 by ensuring that such requirements are stipulated in all subcontracts. Lead contractors must take all reasonably necessary steps to ensure compliance by monitoring subcontractors.
(4) The public utilities commission shall not find an energy sector public
works project to be in compliance with section 40-2-129 unless the construction contract for the project includes provisions expressly requiring that all work performed under the contract comply with the requirements of section 24-92-115 (7) and part 2 of this article 92. Compliance with this subsection (4) does not prevent the commission from considering all best value employment metrics as defined in section 40-2-129, including those metrics that are not directly related to the procurement of craft labor and apprenticeship training on an energy sector public works project.
(5) Consistent with section 24-92-203 (4), bidders on energy sector public
works projects shall not artificially divide the overall generation capacity or overall project cost of an energy sector public works project to deliberately avoid the requirements to comply with section 24-92-115 (7) and part 2 of this article 92. The public utilities commission, the state, a public utility, or a cooperative electric association may still require compliance with prevailing wage and apprenticeship utilization requirements if they determine that a bidder has artificially divided a project with the intent of avoiding the requirement to comply with those sections.
Source: L. 2023: Entire part added, (SB 23-292), ch. 247, p. 1354, � 1,
effective January 1, 2024.
C.R.S. § 24-92-305
24-92-305. Energy sector public works projects - record keeping - reporting - craft labor certification - sanctions - compliance with best value employment metrics. (1) The lead contractor for an energy sector public works project shall prepare certified payroll records for craft workers directly employed by the contractor, obtain certified payroll records from all contractors and subcontractors on the projects, and submit the records to the public utility or other owner of the energy sector public works project on a weekly basis. Each lead contractor and subcontractor shall certify, under the penalty of perjury, that the records provide complete and accurate information for all craft workers employed on the project.
(2) The lead contractor for an energy sector public works project shall
prepare a craft labor certification on a quarterly basis for work that is being performed under affected projects.
(3) A craft labor certification must include the following:
(a) A sworn attestation, under the penalty of perjury, that the lead contractor
is fully compliant with all employment, training, and wage requirements of section 24-92-115 (7) and part 2 of this article 92; and
(b) An identical, equivalent craft labor certification executed in the same
manner by all subcontractors participating in the energy sector public works project.
(4) The public utility, cooperative electric association, independent power
producer, or other owner of an energy sector public works project is responsible for maintenance of records for all craft labor certifications. The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project shall either provide copies quarterly or require by contract that the lead contractor provide copies quarterly, to the department of labor and employment for review and oversight purposes.
(5) No later than January 1, 2029, and at least five years thereafter, the state
auditor's office shall conduct an audit of the commission's approval of energy sector public works projects. The purpose of the audit is to establish oversight and accountability for compliance with section 40-2-129, and to determine whether a sample of projects that have been approved by the commission are fully compliant with all employment, training, wage, and apprenticeship requirements of section 24-92-115 (7) and part 2 of this article 92. The audit must consider information and records related to the craft labor certifications that are collected and maintained by the department of labor and employment. The department of labor and employment shall provide any information needed to perform the audit as requested by the state auditor's office.
(a) The audit process must select a sample of projects for review and ensure
that the scope of the audit encompasses the broad types of energy sector public works projects.
(b) Upon release of the audit report by the legislative audit committee, the
state auditor must make the results of the audit available to the public.
(c) After conducting two audits under this subsection (5), the state auditor
may conduct additional audits in the state auditor's discretion.
(6) Violations of the requirements specified in this section, including wage
and hour violations, violations of apprenticeship requirements, falsification of records, or willful non-compliance, are subject to the penalties and enforcement rights and remedies described in sections 24-92-115 (3), 24-92-209, 24-92-210, and 24-109-105.
(7) If an energy sector public works project uses federal funding that
requires compliance with the federal Davis-Bacon Act, 40 U.S.C. sec. 3141 et seq., or related statutes, the owner of the energy sector public works project shall:
(a) Notify the public utilities commission of their intent to use federal
funding to fund, in whole or in part, the energy sector public works project; and
(b) Require the lead contractors and all other contractors and
subcontractors working on the energy sector public works project to pay applicable federally stipulated wage and benefit rates and provide certified payroll reports to the public utilities commission in the same manner required by subsection (1) of this section.
Source: L. 2023: Entire part added, (SB 23-292), ch. 247, p. 1357, � 1,
effective January 1, 2024.
C.R.S. § 24-93-102
24-93-102. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is the policy of the state of Colorado to encourage public contracting
procedures that encourage competition, openness, and impartiality to the maximum extent possible.
(b) Competition exists not only in the costs of goods and services, but also in
the technical competence of the providers and suppliers in their ability to make timely completion and delivery and in the quality and performance of their products and services.
(c) Timely and effective completion of public projects may be achieved
through a variety of methods when procuring goods and services for public projects.
(d) In enacting this article, the general assembly intends to establish for any
agency of state government an optional alternative public project delivery method.
Source: L. 2007: Entire article added, p. 1805, � 1, effective August 3.
C.R.S. § 24-93-103
24-93-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Agency means any agency, department, division, board, bureau,
commission, institution, or other agency of the executive, legislative, or judicial branch of state government that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project. For purposes of this article, contract includes capital construction as defined in section 24-30-1301 (2).
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and that is allocable in accordance with the contract terms and provisions of this article.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any construction, alteration, repair, demolition, or
improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects.
Source: L. 2007: Entire article added, p. 1806, � 1, effective August 3. L.
2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, � 62, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-93-104
24-93-104. Integrated project delivery contracts - authorization - effect of other laws. (1) Notwithstanding any other provision of law, any agency may award an IPD contract for a public project in accordance with the provisions of this article upon the determination by such agency that integrated project delivery represents a timely or cost-effective alternative for a public project.
(2) Nothing in this article is intended to affect or limit the applicability of
article 91 or 92 of this title to the extent the provisions of said articles are not inconsistent with the provisions of this article. To the extent there is a conflict between the provisions of article 91 or 92 of this title and this article, the provisions of this article shall control.
(3) Nothing in this article shall be construed as exempting any agency or
participating entity from applicable federal, state, or local laws, rules, resolutions, or ordinances governing labor relations, professional licensing, public contracting, or other related laws, except to the extent that an exemption is granted under such legal authority or created by necessary implication from such legal authority.
Source: L. 2007: Entire article added, p. 1806, � 1, effective August 3.
C.R.S. § 24-93-105
24-93-105. Integrated project delivery contracting process - prequalification of participating entities - apprentice training. (1) An agency may prequalify participating entities for IPD contracts by public notice of its request for qualifications prior to the date set forth in the notice. Any such request for qualifications may contain the following elements and such additional information as may be requested by the agency:
(a) A general description of the proposed public project;
(b) Relevant budget considerations;
(c) Requirements of the participating entity, including:
(I) If the participating entity is a partnership, limited partnership, limited
liability company, joint venture, or other association, a listing of all of the partners, general partners, members, joint venturers, or association members known at the time of the submission of qualifications;
(II) Evidence that the participating entity, or the constituent entities or
members thereof, has completed or has demonstrated the experience, competency, capability, and capacity, financial and otherwise, to complete projects of similar size, scope, or complexity;
(III) Evidence that the proposed personnel of the participating entity have
sufficient experience and training to completely manage and complete the proposed public project; and
(IV) Evidence of all applicable licenses, registrations, and credentials
required to provide the proposed services for the public project, including but not limited to information on any revocation or suspension of any such license, registration, or credential;
(d) The criteria for prequalification.
(2) From the participating entities responding to the request for
qualifications, the agency shall prepare and announce a short list of participating entities that it determines to be most qualified to receive a request for proposal.
(3) Where an apprentice program as defined in section 8-15.7-101 (4) or
certified by the office of apprenticeship in the employment and training administration in the United States department of labor exists in the state, or a comparable program for the training of apprentices is available in the state:
(a) Each participating entity shall demonstrate to the agency that it has
access to either the certified program or a comparable alternative; and
(b) Each participating entity shall demonstrate that each of its
subcontractors, at any tier, selected to perform work under a contract with a value of two hundred fifty thousand dollars or more has access to either the certified program or a comparable alternative.
Source: L. 2007: Entire article added, p. 1807, � 1, effective August 3. L. 2021:
IP(3) amended, (HB 21-1007), ch. 309, p. 1893, � 12, effective July 1.
C.R.S. § 24-93-109
24-93-109. Disclosure. The executive director of an agency or president of an institution of higher education that enters into a construction contract for a public project pursuant to this article shall disclose to the public the agency's rationale or the institution's rationale for selecting the integrated project delivery contracting process pursuant to this article for the public project. The agency or institution shall post the disclosure on its website.
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1402, � 10,
effective May 24.
Cross references: In 2013 this section was added by the Keep Jobs in
Colorado Act of 2013. For the short title, see section 1 chapter 266, Session Laws of Colorado 2013.
C.R.S. § 24-93-111
24-93-111. Muffler requirements. [Editor's note: This section is effective July 1, 2027.] An agency shall include language in every construction contract stating that each contractor's or subcontractor's commercial vehicle that enters the site of a public project must comply with section 42-4-225.
Source: L. 2025: Entire section added, (HB 25-1039), ch. 197, p. 874, � 2,
effective July 1, 2027.
Editor's note: Section 3(2) of chapter 197 (HB 25-1039), Session Laws of
Colorado 2025, provides that the act adding this section applies to offenses committed on or after July 1, 2027.
ARTICLE 94
Public-private Partnerships for State Public Entities
C.R.S. § 25-1-133
25-1-133. Environmental equity and cumulative impact analyses - selection of contractor - required components of analyses - selection of locations - requirements for contractors - definitions - report. (1) As used in this section, unless the context otherwise requires:
(a) Colorado EnviroScreen tool has the meaning set forth in section 24-4-109 (5)(a)(II).
(b) Contractor means an academic institution or other party with which the
department contracts to develop an EECIA.
(c) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(d) Environmental equity and cumulative impact analysis or EECIA means
a cumulative impact analysis for a specific geographic area of the state developed in accordance with this section.
(e) EPA's cumulative impact analysis recommendations means the federal
environmental protection agency's Cumulative Impacts Research: Recommendations for EPA's Office of Research and Development, published on September 30, 2022.
(f) Final report of the task force means the Final Report of
Recommendations published by the task force on November 14, 2022.
(g) Local government means a home rule or statutory city, town, city and
county, or county.
(h) Office of environmental justice or office means the office of
environmental justice created in section 25-1-133.5 (1)(a).
(i) Task force means the environmental justice action task force created by
the general assembly in 2021 through the enactment of House Bill 21-1266.
(2) The department shall select one or more contractors to develop two or
more environmental equity and cumulative impact analyses for the state. Each EECIA:
(a) Must cover a geographic area of the state that includes a group of mostly
contiguous census block groups and other surrounding areas that meet the definition of disproportionately impacted communities;
(b) May be conducted for a community located on the Ute Mountain Ute or
Southern Ute Indian reservation only if requested by the governing body of the affected tribe and following consultation with and approval by the governing body;
(c) Once developed, may be used by any state agency for the purpose of
analyzing cumulative impacts;
(d) Must perform a scientifically rigorous analysis that includes most of the
components recommended in the final report of the task force, as reflected on pages thirteen through fifteen of the final report of the task force;
(e) Should identify key problems and indicators of cumulative impacts and
how those problems and indicators can be avoided, minimized, and mitigated, but should not recommend solutions to individual agencies; and
(f) Should empower agencies and local governments to score, evaluate, or
compare alternative mitigation options proposed for future projects to ensure that the future projects are effective while considering potential unintended consequences.
(3) (a) The office of environmental justice shall select locations for the
environmental equity and cumulative impact analyses and oversee the department's selection of a contractor pursuant to subsection (2) of this section.
(b) By a deadline determined by the office and posted conspicuously on the
department's website, a local government, a group of local governments, an elected official, the governing body of an affected tribe for any request within the boundaries of the Ute Mountain Ute or Southern Ute Indian reservation, a nonprofit organization, or any other interested person may submit a formal written request to the office to select a location for an EECIA. In selecting the locations for the EECIAs, the office shall:
(I) Prioritize locations that:
(A) Are most impacted by environmental contaminants;
(B) Have the potential for widespread human exposure to the environmental
contaminants; and
(C) Include a greater proportion of individuals with heightened vulnerability
to the environmental contaminants;
(II) Use the Colorado EnviroScreen tool to help prioritize locations with
disproportionate environmental health burdens; and
(III) Seek input from various groups of interested stakeholders in the
selection process.
(c) In selecting the contractor for an EECIA location selected pursuant to
subsection (3)(b) of this section, the office shall:
(I) Be transparent with regard to any selection criteria used in the selection
process;
(II) Engage stakeholders for feedback on how to design the selection
process; and
(III) For an EECIA studying any lands within the boundaries of the Ute
Mountain Ute or Southern Ute Indian reservation, consult with the governing body of the affected tribe and select a contractor only with the governing body's consent.
(4) (a) In developing the environmental equity and cumulative impact
analyses, a contractor selected pursuant to subsection (2) of this section shall, with input from interested stakeholders, set timelines and milestones for completion of an EECIA and submit the proposed timelines and milestones to the office for review and approval.
(b) The office shall post in a conspicuous location on the department's
public-facing website the approved timelines and milestones for each contractor to complete an EECIA and periodically post updates on whether each contractor has met the timelines and milestones.
(5) A contractor selected pursuant to subsection (3)(c) of this section shall:
(a) With oversight from the office, review existing cumulative impact
analysis frameworks such as the EPA's cumulative impact analysis recommendations or frameworks from other states or jurisdictions;
(b) Establish a process for interested stakeholders to submit input regarding
an EECIA and for the contractor to review any input submitted;
(c) Extensively engage interested stakeholders and the office throughout
the EECIA development process; and
(d) Ensure that an EECIA is crafted to be comprehensible, easy to utilize, and
accessible. As used in this subsection (5)(d), accessible includes ensuring that the data supporting an EECIA is transparent, translated from English into the two most prevalent other languages spoken in the relevant community, and made readily available to communities.
(6) (a) Except as provided in subsection (6)(b) of this section, the department
may solicit, accept, and expend gifts, grants, or donations from private or public sources to help finance the development of environmental equity and cumulative impact analyses pursuant to this section.
(b) The department shall not accept gifts, grants, or donations from industry
interests. As used in this subsection (6)(b), industry interest means an entity that currently holds or that applied to receive a permit or license from the division of administration or the hazardous materials and waste management division.
(7) (a) Within nine months after completing the first EECIA, the department
shall prepare a report regarding the EECIA and submit the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees.
(b) The report must include:
(I) Recommendations for implementing the findings of the EECIA; and
(II) Identification of any resources or steps necessary for the department or
other agencies to implement the findings of the EECIA once the EECIA is developed.
(c) In preparing the report, the department shall consult with:
(I) The Colorado energy office created in section 24-38.5-101 (1);
(II) The department of natural resources created in section 24-1-124 (1);
(III) The department of agriculture created in section 35-1-103;
(IV) The public utilities commission created in section 40-2-101 (1)(a);
(V) The department of transportation created in section 24-1-128.7 (1); and
(VI) Representatives of disproportionately impacted communities.
Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2727, � 4,
effective July 2. L. 2024: Entire section R&RE, (HB 24-1338), ch. 259, p. 1711, � 1, effective May 28.
Cross references: For the short title (Environmental Justice Act) and the
legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
C.R.S. § 25-1-1511
25-1-1511. Repeal of part - sunset review. This part 15 is repealed, effective September 1, 2032. Before the repeal, this part 15 is scheduled for review in accordance with section 2-3-1203.
Source: L. 2022: Entire part added, (SB 22-186), ch. 488, p. 3540, � 1,
effective August 10.
ARTICLE 1.5
Powers and Duties of the Department
of Public Health and Environment
Editor's note: This article was added with relocations in 2003. Former C.R.S.
section numbers are shown in editor's notes following those sections that were relocated.
PART 1
GENERAL POWERS AND DUTIES
25-1.5-100.3. Definitions. As used in this article 1.5, unless the context
otherwise requires:
(1) Department means the department of public health and environment
created in section 25-1-102 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2075, � 201,
effective August 6.
25-1.5-101. Powers and duties of department - laboratory cash fund - office
of suicide prevention - suicide prevention coordination cash fund - dispensation of payments under contracts with grantees - report - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) To close theaters, schools, and other public places, and to forbid
gatherings of people when necessary to protect the public health;
(b) (I) To establish and enforce minimum general sanitary standards as to the
quality of wastes discharged upon land and the quality of fertilizer derived from excreta of human beings or from the sludge of sewage disposal plants.
(II) The phrase minimum general sanitary standards as used in this section
means the minimum standards reasonably consistent with assuring adequate protection of the public health. The word standards as used in this section means standards reasonably designed to promote and protect the public health.
(c) (I) To collect, compile, and tabulate reports of marriages, dissolution of
marriages, declaration of invalidity of marriages, births, deaths, and morbidity and to require any person having information with regard to the same to make such reports and submit such information as the board shall by rule or regulation provide.
(II) For the purposes of this paragraph (c), the board is authorized to require
reporting of morbidity and mortality in accordance with the provisions of section 25-1-122.
(d) To regulate the disposal, transportation, interment, and disinterment of
the dead;
(e) (I) To establish, maintain, and approve chemical, bacteriological, and
biological laboratories, and to conduct such laboratory investigations and examinations as it may deem necessary or proper for the protection of the public health.
(II) The department shall transmit all fees received by the department in
connection with the laboratories established pursuant to this paragraph (e), with the exception of fees received pursuant to part 10 of article 4 of this title that are credited to the newborn screening and genetic counseling cash funds created in section 25-4-1006 (1), to the state treasurer, who shall deposit them in the laboratory cash fund, which is hereby created in the state treasury. The state treasurer shall credit all interest earned from the revenues in the fund to the fund. At the end of each fiscal year, the unencumbered balance of the fund remains in the fund. The revenues in the fund are subject to annual appropriation by the general assembly to the department to carry out its duties under this paragraph (e).
(f) To make, approve, and establish standards for diagnostic tests by
chemical, bacteriological, and biological laboratories, and to require such laboratories to conform thereto; and to prepare, distribute, and require the completion of forms or certificates with respect thereto;
(g) To purchase, and to distribute to licensed physicians and veterinarians,
with or without charge, as the board may determine upon considerations of emergency or need, such vaccines, serums, toxoids, and other approved biological or therapeutic products as may be necessary for the protection of the public health;
(h) To establish and enforce sanitary standards for the operation and
maintenance of orphanages, day care nurseries, foster homes, family care homes, summer camps for children, lodging houses, outdoor nature-based preschool programs, guest child care facilities and public services short-term child care facilities as defined in section 26.5-5-303, hotels, public conveyances and stations, schools, factories, workshops, industrial and labor camps, recreational resorts and camps, swimming pools, public baths, mobile home parks, and other buildings, centers, and places used for public gatherings;
(i) (I) (A) To establish sanitary standards and make sanitary, sewerage, and
health inspections and examinations for charitable, penal, and other public institutions.
(B) As used in this subsection (1)(i), penal institution means any local
detention center, correctional facility, holding facility, secure residential treatment center, prison, camp, or other facility in which persons are or may be lawfully held in custody, including any public or private facility in Colorado that houses or detains noncitizens for purposes of civil immigration proceedings, including any facility that houses or detains minors, on behalf of the federal office of refugee resettlement or the United States immigration and customs enforcement agency.
(C) With respect to the state institutions under the department of human
services specified in section 27-90-104 or under the department of corrections specified in section 17-1-104.3 (1)(b), such inspections and examinations must be made at least once each year and additional unannounced inspections may be conducted after the annual inspection. Reports on such inspections of institutions under control of the department of human services or the department of corrections must be made to the executive director of the appropriate department for appropriate action, if any.
(D) With respect to any facility that houses or detains noncitizens for
purposes of civil immigration proceedings, such inspections and examinations must be made annually, and additional unannounced inspections may be conducted after the annual inspection.
(E) Repealed.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (i),
the standards adopted pursuant to subparagraph (I) of this paragraph (i) with regard to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level, shall not apply to any penal institution operated by or under contract with a county or municipality if the penal institution begins operations on or after August 30, 1999, and if the governing body of the jurisdiction operating the penal institution has adopted standards pertaining to such issues for the penal institution pursuant to section 30-11-104 (1), C.R.S., or section 31-15-711.5, C.R.S., whichever is applicable.
(j) (I) To:
(A) Collect, compile, and tabulate public health information from data
sources and data provided to the department, to the extent permissible under applicable federal and state data privacy laws, rules, and regulations and federal contracts, including information concerning race, ethnicity, disability, sexual orientation, and gender identity; except that nothing in this section requires any individual to provide information relating to the individual's race, ethnicity, disability, sexual orientation, or gender identity;
(B) Establish a process for, and provide technical assistance relating to, the
collection, compilation, and tabulation of public health information described in subsection (1)(j)(I)(A) of this section; and
(C) Disseminate public health information;
(II) To provide poison control services, for the fiscal year beginning July 1,
2002, and fiscal years thereafter, on a statewide basis and to provide for the dissemination of information concerning the care and treatment of individuals exposed to poisonous substances pursuant to article 32 of this title;
(k) To establish and enforce standards for exposure to toxic materials in the
gaseous, liquid, or solid phase that may be deemed necessary for the protection of public health;
(l) To establish and enforce standards for exposure to environmental
conditions, including radiation, that may be deemed necessary for the protection of the public health;
(m) (I) To accept and expend on behalf of and in the name of the state, gifts,
donations, and grants for any purpose connected with the work and programs of the department.
(II) Any such property so given shall be held by the state treasurer, but the
department shall have the power to direct the disposition of any property so given for any purpose consistent with the terms and conditions under which such gift was created.
(n) To carry out the policies of the state as set forth in part 1 of article 6 of
this title with respect to family planning;
(o) To carry out the policies of this state relating to the Colorado Health
Care Coverage Act as set forth in parts 1 and 4 of article 16 of title 10, C.R.S.;
(p) To compile and maintain current information necessary to enable the
department to answer any inquiry concerning the proper action to take to counteract, eliminate, or minimize the public health hazards of a hazardous substance incident involving any specific kind of hazardous substance. To make such information available and to facilitate the reporting of hazardous substance incidents, the department shall establish, maintain, and publicize an environmental emergency telephone service that shall be available to the public twenty-four hours each day. With respect to the powers and duties specified in this paragraph (p), the department shall have no rule-making authority and shall avail itself of all available private resources. As used in this paragraph (p), the terms hazardous substance and hazardous substance incident shall have the meanings ascribed to them in section 29-22-101, C.R.S. The department shall coordinate its activities pursuant to this section with the Colorado state patrol.
(q) (I) To establish and maintain a statewide cancer registry providing for
compilation and analysis of appropriate information regarding incidence, diagnosis, treatment, and end results and any other data designed to provide more effective cancer control for the citizens of Colorado.
(II) For the purposes of this paragraph (q), the board is authorized to require
reports relating to cancer in accordance with the provisions of section 25-1-122 and to have access to medical records relating to cancer in accordance with the provisions of section 25-1-122.
(r) To operate and maintain a program for children with disabilities to provide
and expedite provision of health-care services to children who have congenital birth defects or who are the victims of burns or trauma or children who have acquired disabilities;
(s) To annually enter into an agreement with a qualified person to perform
necessary hazardous substance incident response actions when such actions are beyond the ability of the local and state response capabilities. Such response actions may include, but are not limited to, containment, clean-up, and disposal of a hazardous substance. Nothing in this article shall prevent the attorney general's office from pursuing cost recovery against responsible persons.
(t) To operate special health programs for migrant and seasonal farm
workers and their dependent family members and to accept and employ federal and other moneys appropriated to implement such programs;
(u) To carry out the duties prescribed in article 11.5 of title 16, C.R.S., relating
to substance abuse in the criminal justice system;
(v) To establish and maintain a statewide gulf war syndrome registry
pursuant to part 19 of article 4 of this title providing for compilation and analysis of information regarding incidence, diagnosis, treatment, and treatment outcomes of veterans or family members of veterans suffering from gulf war syndrome;
(w) (I) To operate the office of suicide prevention, which is established in the
division of prevention services in the department. The office of suicide prevention serves as the coordinator for crisis and suicide prevention programs throughout the state, including the Colorado suicide prevention plan established in section 25-1.5-112 and the crisis and suicide prevention training grant program established in section 25-1.5-113. For the purposes of this subsection (1)(w), the term comprehensive suicide prevention or suicide prevention includes the following components:
(A) Strategies or approaches that seek to prevent the onset of suicidal
despair, commonly known as suicide prevention;
(B) Public health intervention supports, including community training,
workforce development, quality improvement and provision of technical assistance to support the adoption of best suicide attempt behavior intervention and postvention practices and policies; and
(C) Postvention responses to and support for individuals and communities
affected by the aftermath of a suicide attempt.
(II) The department is authorized to accept gifts, grants, and donations on
behalf of the office of suicide prevention. The department shall transmit all such gifts, grants, and donations to the state treasurer who shall credit the same to the suicide prevention coordination cash fund, which fund is hereby created. The fund also consists of any money appropriated or transferred to the fund by the general assembly for the purposes of implementing section 25-1.5-112. Any money remaining in the suicide prevention coordination cash fund at the end of any fiscal year must remain in the fund and must not be transferred or credited to the general fund. The general assembly shall make appropriations from the suicide prevention coordination cash fund for expenditures incurred by the department or the office of suicide prevention in the performance of its duties pursuant to this subsection (1)(w) and section 25-1.5-112.
(III) (A) Notwithstanding section 24-1-136 (11)(a)(I), as part of the duties of the
office of suicide prevention, on or before each November 1, the office of suicide prevention shall submit to the chairs of the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, and to the members of the joint budget committee, a report listing all crisis and suicide prevention programs in the state and describing the effectiveness of the office of suicide prevention in acting as the coordinator for crisis and suicide prevention programs. For the report submitted in 2013 and each year thereafter, the office of suicide prevention shall include any findings and recommendations it has to improve crisis and suicide prevention in the state. For the report submitted in 2024 and each year thereafter, the office of suicide prevention shall include a summary of the report pursuant to section 25-1.5-113.5 (5)(b).
(B) (Deleted by amendment, L. 2012.)
(IV) The department and the office of suicide prevention may collaborate
with the school safety resource center and with each facility licensed or certified pursuant to section 25-1.5-103 in order to coordinate services related to crisis and suicide prevention, as that term is defined in this subsection (1)(w), including relevant training and other services as part of the Colorado suicide prevention plan established in section 25-1.5-112. When a facility treats a person who has attempted suicide or exhibits a suicidal gesture, the facility may provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, regarding warning signs of depression, risk factors of suicide, methods of preventing suicide, available resources for comprehensive suicide prevention, and any other information concerning suicide awareness, and prevention. The facility shall also provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, concerning the after-effects of a suicide attempt. The department and the office of suicide prevention may work with facilities and the Colorado suicide prevention plan to determine whether and where gaps exist in comprehensive suicide prevention programs and services, including gaps that may be present in:
(A) The comprehensive suicide prevention information and materials being
used and distributed in facilities throughout the state;
(B) Comprehensive suicide prevention resources available to persons who
attempt suicide or exhibit a suicidal gesture and, when the person is a minor, to parents, relatives, and other responsible persons to whom a minor is released; and
(C) The process for referring persons who attempt suicide or exhibit a
suicidal gesture to comprehensive suicide prevention services and programs or other appropriate health-care providers for treatment.
(V) The department and the office of suicide prevention shall prepare written
information for primary care offices and providers throughout the state. The information must be region-specific concerning how to recognize and respond to a suicidal patient and include separate written information for providers and information that may be shared with patients.
(x) To implement the state dental loan repayment program created in article
23 of this title;
(y) To coordinate with the United States secretary of the interior and the
United States secretary of agriculture to develop resource management plans consistent with this article for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712;
(z) To perform the duties specified in part 6 of article 10 of title 30, C.R.S.,
relating to the Colorado coroners standards and training board;
(aa) To determine if there is a shortage of drugs critical to the public safety
of the people of Colorado and declare an emergency for the purpose of preventing the practice of unfair drug pricing as prohibited by section 6-1-714, C.R.S.;
(bb) To include on its public website home page a link to forms containing
advanced directives regarding a person's acceptance or rejection of life-sustaining medical or surgical treatment, which forms are available to be downloaded electronically;
(cc) To carry out the health survey for birthing parents and reporting
requirements set forth in part 7 of this article 1.5.
(2) (a) Notwithstanding any provision of this title 25, in contracting with any
grantee for the provision of any service for the purposes of this title 25, the department may dispense up to twenty-five percent of the total value of the payments under the contract to the grantee immediately upon the execution or renewal of the contract.
(b) As used in this subsection (2), grantee means a person that:
(I) Is awarded a grant pursuant to a grant program that is managed or
overseen by the department;
(II) Pursuant to the conditions of the awarded grant, is a party to a contract
with the department;
(III) Is classified as a nonprofit organization or a charitable organization by
the federal internal revenue service and has submitted written proof of such classification to the department; and
(IV) Satisfies any criteria established by the department for the purpose of
implementing this subsection (2).
Source: L. 2003: Entire article added with relocations, p. 676, � 2, effective
July 1; (1)(y) added, p. 1035, � 7, effective April 17; (1)(z) added, p. 1830, � 2, effective August 6. L. 2005: (1)(aa) added, p. 372, � 1, effective April 22. L. 2007: (1)(h) amended, p. 866, � 4, effective May 14. L. 2010: (1)(i)(I) amended, (SB 10-175), ch. 188, p. 798, � 58, effective April 29; (1)(bb) added, (HB 10-1050), ch. 80, p. 271, � 2, effective August 11. L. 2011: (1)(e) amended, (SB 11-161), ch. 12, p. 34, � 1, effective March 9. L. 2012: (1)(w)(III) amended and (1)(w)(IV) added, (HB 12-1140), ch. 173, p. 619, � 1, effective May 11. L. 2015: (1)(m)(I) amended, (SB 15-247), ch. 165, p. 505, � 3, effective May 8. L. 2016: (1)(h) amended, (SB 16-189), ch. 210, p. 769, � 58, effective June 6; (1)(w)(I), (1)(w)(II), and IP(1)(w)(IV) amended, (SB 16-147), ch. 364, p. 1521, � 3, effective June 10. L. 2017: (1)(w)(III)(A) amended, (SB 17-056), ch. 33, p. 92, � 1, effective March 16. L. 2018: (1)(w)(I), (1)(w)(II), (1)(w)(III)(A), and IP(1)(w)(IV) amended, (SB 18-272), ch. 333, p. 2005, � 4, effective August 8. L. 2020: (1)(i)(I) amended, (HB 20-1409), ch. 275, p. 1349, � 1, effective July 11. L. 2021: (1)(w)(I) and (1)(w)(IV) amended and (1)(w)(V) added, (HB 21-1119), ch. 49, p. 207, � 4, effective September 7; (2) added, (HB 21-1247), ch. 219, p. 1154, � 1, effective September 7. L. 2022: (1)(j)(I) amended, (HB 22-1157), ch. 321, p. 2271, � 1, effective June 2; (1)(cc) added, (HB 22-1289), ch. 399, p. 2837, � 7, effective June 7; (1)(h) amended, (HB 22-1295), ch. 123, p. 845, � 68, effective July 1. L. 2024: (1)(w)(III)(A) amended, (SB 24-007), ch. 401, p. 2761, � 3, effective June 5; (1)(h) amended, (SB 24-078), ch. 441, p. 3087, � 4, effective August 7.
Editor's note: (1) This section is similar to former � 25-1-107 (1)(c), (1)(e), (1)(f),
(1)(g), (1)(h), (1)(i), (1)(j), (1)(m), (1)(n), (1)(q), (1)(s), (1)(t), (1)(u), (1)(v), (1)(w), (1)(y), (1)(z), (1)(aa), (1)(bb), (1)(cc), (1)(ff), (1)(hh), (1)(ii), and (1)(kk) as they existed prior to 2003.
(2) Subsection (1)(i)(I)(E) provided for the repeal of subsection (1)(i)(I)(E),
effective July 1, 2021. (See L. 2020, p. 1349.)
Cross references: For the legislative declaration contained in the 2003 act
enacting (1)(y), see section 1 of chapter 145, Session Laws of Colorado 2003. For the legislative declaration in SB 18-272, see section 1 of chapter 333, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1119, see section 1 of chapter 49, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1289, see section 1 of chapter 399, Session Laws of Colorado 2022. For the legislative declaration in SB 24-007, see section 1 of chapter 401, Session Laws of Colorado 2024. For the legislative declaration in SB 24-078, see section 1 of chapter 441, Session Laws of Colorado 2024.
25-1.5-102. Epidemic and communicable diseases - powers and duties of
department - rules - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) (I) To investigate and control the causes of epidemic and communicable
diseases affecting the public health.
(II) For the purposes of this paragraph (a), the board shall determine, by rule
and regulation, those epidemic and communicable diseases and conditions that are dangerous to the public health. The board is authorized to require reports relating to such designated diseases in accordance with the provisions of section 25-1-122 and to have access to medical records relating to such designated diseases in accordance with the provisions of section 25-1-122.
(III) For the purposes of this paragraph (a), epidemic diseases means cases
of an illness or condition, communicable or noncommunicable, in excess of normal expectancy, compared to the usual frequency of the illness or condition in the same area, among the specified population, at the same season of the year. A single case of a disease long absent from a population may require immediate investigation.
(IV) For the purposes of this paragraph (a), communicable diseases means
an illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, or reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment.
(b) (I) To investigate and monitor the spread of disease that is considered
part of an emergency epidemic, as defined in section 24-33.5-703 (4), to determine the extent of environmental contamination resulting from the emergency epidemic, and to rapidly provide epidemiological and environmental information to the state board of health.
(II) Except as otherwise directed by executive order of the governor, the
department shall exercise its powers and duties to control epidemic and communicable diseases and protect the public health as set out in this section.
(III) The department may accept and expend federal funds, gifts, grants, and
donations for the purposes of an emergency epidemic or preparation for an emergency epidemic.
(IV) When a public safety worker, emergency medical service provider, peace
officer, or staff member of a detention facility has been exposed to blood or other bodily fluid which there is a reason to believe may be infectious with hepatitis C, the state department and county, district, and municipal public health agencies within their respective jurisdictions shall assist in evaluation and treatment of any involved persons by:
(A) Accessing information on the incident and any persons involved to
determine whether a potential exposure to hepatitis C occurred;
(B) Examining and testing such involved persons to determine hepatitis C
infection when the fact of an exposure has been established by the state department or county, district, or municipal public health agency;
(C) Communicating relevant information and laboratory test results on the
involved persons to such persons' attending physicians or directly to the involved persons if the confidentiality of such information and test results is acknowledged by the recipients and adequately protected, as determined by the state department or county, district, or municipal public health agency; and
(D) Providing counseling to the involved persons on the potential health risks
resulting from exposure and the available methods of treatment.
(V) The employer of an exposed person shall ensure that relevant
information and laboratory test results on the involved person are kept confidential. Such information and laboratory results are considered medical information and protected from unauthorized disclosure.
(VI) For purposes of this paragraph (b), public safety worker includes, but is
not limited to, law enforcement officers, peace officers, and firefighters.
(c) To establish, maintain, and enforce isolation and quarantine, and, in
pursuance thereof and for this purpose only, to exercise such physical control over property and the persons of the people within this state as the department may find necessary for the protection of the public health;
(d) To abate nuisances when necessary for the purpose of eliminating
sources of epidemic and communicable diseases affecting the public health.
(e) Repealed.
(2) Notwithstanding any other provision of law to the contrary, the
department shall administer the provisions of this section regardless of an individual's race, religion, gender, ethnicity, national origin, or immigration status.
Source: L. 2003: Entire article added with relocations, p. 680, � 2, effective
July 1; IP(1)(b)(IV) amended, p. 1617, � 23, effective August 6. L. 2006, 1st Ex. Sess.: (2) added, p. 25, � 2, effective July 31. L. 2010: IP(1)(b)(IV), (1)(b)(IV)(B), and (1)(b)(IV)(C) amended, (HB 10-1422), ch. 419, p. 2091, � 86, effective August 11. L. 2013: (1)(b)(I) amended, (HB 13-1300), ch. 316, p. 1687, � 72, effective August 7. L. 2018: (1)(b)(I) amended, (HB 18-1394), ch. 234, p. 1473, � 20, effective August 8. L. 2022: (1)(e) added, (SB 22-226), ch. 179, p. 1192, � 10, effective May 18. L. 2023: (1)(e) amended, (HB 23-1246), ch. 199, p. 1019, � 7, effective May 16. L. 2024: (1)(e) amended, (HB 24-1465), ch. 257, p. 1684, � 7, effective May 24; (1)(e) amended, (HB 24-1466), ch. 429, p. 2941, � 27, effective June 5. L. 2025: (1)(b)(I) amended, (HB 25-1027), ch. 65, p. 274, � 9, effective April 10; (1)(e) repealed, (SB 25-312), ch. 301, p. 1538, � 19, effective May 30.
Editor's note: (1) This section is similar to former � 25-1-107 (1)(a), (1)(a.5),
(1)(b), and (1)(d) as they existed prior to 2003.
(2) Amendments to subsection (1)(b)(IV) by House Bill 03-1266 and Senate
Bill 03-002 were harmonized.
(3) Amendments to subsection (1)(e) by HB 24-1465 and HB 24-1466 were
harmonized.
Cross references: For the legislative declaration in SB 22-226, see section 1
of chapter 179, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1246, see section 1 of chapter 199, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
25-1.5-103. Health facilities - powers and duties of department - rules -
limitations on rules - definitions - repeal. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) (I) (A) To annually license and to establish and enforce standards for the
operation of general hospitals, hospital units as defined in section 25-3-101 (2), freestanding emergency departments as defined in section 25-1.5-114, critical access hospitals as defined in section 25-1.5-114.5, psychiatric hospitals, community clinics, rehabilitation hospitals, convalescent centers, facilities for persons with intellectual and developmental disabilities, nursing care facilities, hospice care, assisted living residences, dialysis treatment clinics, ambulatory surgical centers, birthing centers, home care agencies, and other facilities of a like nature, except those wholly owned and operated by a governmental unit or agency.
(A.5) Repealed.
(B) In establishing and enforcing such standards and in addition to the
required announced inspections, the department shall, within available appropriations, make additional inspections without prior notice to the health facility, subject to sub-subparagraph (C) of this subparagraph (I). Such inspections shall be made only during the hours of 7 a.m. to 7 p.m.
(C) The department shall extend the survey cycle or conduct a tiered
inspection or survey of a health facility licensed for at least three years and against which no enforcement activity has been taken, no patterns of deficient practices exist, as documented in the inspection and survey reports issued by the department, and no substantiated complaint resulting in the discovery of significant deficiencies that may negatively affect the life, health, or safety of consumers of the health facility has been received within the three years prior to the date of the inspection. The department may expand the scope of the inspection or survey to an extended or full survey if the department finds deficient practice during the tiered inspection or survey. The department, by rule, shall establish a schedule for an extended survey cycle or a tiered inspection or survey system designed, at a minimum, to: Reduce the time needed for and costs of licensure inspections for both the department and the licensed health facility; reduce the number, frequency, and duration of on-site inspections; reduce the scope of data and information that health facilities are required to submit or provide to the department in connection with the licensure inspection; reduce the amount and scope of duplicative data, reports, and information required to complete the licensure inspection; and be based on a sample of the facility size. Nothing in this subsection (1)(a)(I)(C) limits the ability of the department to conduct a periodic inspection or survey that is required to meet its obligations as a state survey agency on behalf of the federal centers for medicare and medicaid services or the department of health care policy and financing to assure that the health facility meets the requirements for participation in the medicare and medicaid programs or limits the ability of the department to enter, survey, and investigate hospitals pursuant to section 25-3-128.
(D) In connection with the renewal of licenses issued pursuant to this
subparagraph (I), the department shall institute a performance incentive system pursuant to section 25-3-105 (1)(a)(I)(C).
(E) The department shall not cite as a deficiency in a report resulting from a
survey or inspection of a licensed health facility any deficiency from an isolated event identified by the department that can be effectively remedied during the survey or inspection of the health facility, unless the deficiency caused harm or a potential for harm, created a life- or limb-threatening emergency, or was due to abuse or neglect.
(F) Sections 24-4-104, C.R.S., and 25-3-102 govern the issuance, suspension,
renewal, revocation, annulment, or modification of licenses. All licenses issued by the department must contain the date of issue and cover a twelve-month period. Nothing contained in this paragraph (a) prevents the department from adopting and enforcing, with respect to projects for which federal assistance has been obtained or is requested, higher standards as may be required by applicable federal laws or regulations of federal agencies responsible for the administration of applicable federal laws.
(II) To establish and enforce standards for the operation and maintenance of
the health facilities named in subparagraph (I) of this paragraph (a), wholly owned and operated by the state or any of its political subdivisions, and no such facility shall be operated or maintained without an annual certificate of compliance;
(b) To suspend, revoke, or refuse to renew any license issued to a health
facility pursuant to subparagraph (I) or (II) of paragraph (a) of this subsection (1) if such health facility has committed abuse of health insurance pursuant to section 18-13-119, C.R.S., or if such health facility has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that it will perform any act prohibited by section 18-13-119 (3), C.R.S., unless the health facility is exempted from section 18-13-119 (5), C.R.S.;
(c) Repealed.
(d) (I) To ensure that each hospital that provides nonemergent perinatal care
services is complying with the requirements specified in section 25-52-106.5, including participating in at least one maternal or infant health quality improvement initiative and submitting outcome data to the perinatal quality collaborative defined in section 25-52-103 (3).
(II) This subsection (1)(d) is repealed, effective September 1, 2029.
(2) As used in this section, unless the context otherwise requires:
(a) and (a.3) Repealed.
(a.5) Community clinic has the same meaning as set forth in section 25-3-101 and does not include:
(I) A federally qualified health center, as defined in the federal Social
Security Act, 42 U.S.C. sec. 1395x (aa)(4);
(II) A rural health clinic as defined in section 1861 (aa)(2) of the federal
Social Security Act, 42 U.S.C. sec. 1395x (aa)(2); or
(III) A freestanding emergency department, as defined in and required to be
licensed under section 25-1.5-114.
(b) Repealed.
(b.5) Enforcement activity means the imposition of remedies such as civil
money penalties; appointment of a receiver or temporary manager; conditional licensure; suspension or revocation of a license; a directed plan of correction; intermediate restrictions or conditions, including retaining a consultant, department monitoring, or providing additional training to employees, owners, or operators; or any other remedy provided by state or federal law or as authorized by federal survey, certification, and enforcement regulations and agreements for violations of federal or state law.
(c) Facility for persons with developmental disabilities means a facility
specially designed for the active treatment and habilitation of persons with intellectual and developmental disabilities or a community residential home, as defined in section 25.5-10-202, C.R.S., which is licensed and certified pursuant to section 25.5-10-214, C.R.S.
(d) Hospice care means an entity that administers services to a terminally
ill person utilizing palliative care or treatment.
(3) (a) In the exercise of its powers pursuant to this section, the department
shall not promulgate any rule, regulation, or standard relating to nursing personnel for rural nursing care facilities, rural intermediate care facilities, and other rural facilities of a like nature more stringent than the applicable federal standards and regulations.
(b) For purposes of this subsection (3), rural means:
(I) A county of less than fifteen thousand population; or
(II) A municipality of less than fifteen thousand population which is located
ten miles or more from a municipality of over fifteen thousand population; or
(III) The unincorporated part of a county ten miles or more from a
municipality of fifteen thousand population or more.
(c) A nursing care facility which is not rural as defined in paragraph (b) of this
subsection (3) shall meet the licensing requirements of the department for nursing care facilities. However, if a registered nurse hired pursuant to department regulations is temporarily unavailable, a nursing care facility may use a licensed practical nurse in place of a registered nurse if such licensed practical nurse is a current employee of the nursing care facility.
(3.5) Repealed.
(4) In the exercise of its powers, the department shall not promulgate any
rule, regulation, or standard that limits or interferes with the ability of an individual to enter into a contract with a private pay facility concerning the programs or services provided at the private pay facility. For the purposes of this subsection (4), private pay facility means a skilled nursing facility or intermediate care facility subject to the requirements of section 25-1-120 or an assisted living residence licensed pursuant to section 25-27-105 that is not publicly funded or is not certified to provide services that are reimbursed from state or federal assistance funds.
(5) (a) This subsection (5) applies to construction, including substantial
renovation, and ongoing compliance with article 33.5 of title 24, C.R.S., of a health-care facility building or structure on or after July 1, 2013. All health facility buildings and structures shall be constructed in conformity with the standards adopted by the director of the division of fire prevention and control in the department of public safety.
(b) Except as provided in paragraph (c) of this subsection (5) but
notwithstanding any other provision of law to the contrary, the department shall not issue or renew any license under this article unless the department has received a certificate of compliance from the division of fire prevention and control certifying that the building or structure of the health facility is in conformity with the standards adopted by the director of the division of fire prevention and control.
(c) The department has no authority to establish or enforce standards
relating to building or fire codes. All functions, personnel, and property of the department as of June 30, 2013, that are principally directed to the administration, inspection, and enforcement of any building or fire codes or standards shall be transferred to the health facility construction and inspection section of the division of fire prevention and control pursuant to section 24-33.5-1201 (5), C.R.S.
(d) Notwithstanding any provision of law to the contrary, all health facilities
seeking certification pursuant to the federal insurance or assistance provided by Title XIX of the federal Social Security Act, as amended and commonly known as medicaid, or the federal insurance or assistance provided by Title XVIII of the federal Social Security Act, as amended and commonly known as medicare, or any successor code adopted or promulgated by the appropriate federal authorities, shall continue to meet such certification requirements.
(e) Nothing in this subsection (5) divests the department of the authority to
perform health survey work or prevents the department from accessing related funds.
(6) (a) The department shall collaborate with the department of education,
the department of health care policy and financing, and the department of human services to develop an interagency resource guide pursuant to section 22-2-410 to assist facilities to become licensed or authorized as approved facility schools and to recommend changes related to the interagency resource guide to the department's statute, rule, or administrative procedures.
(b) The department shall prominently post the interagency resource guide
created pursuant to subsection (6)(a) of this section on the department's website.
Source: L. 2003: Entire article added with relocations, p. 682, � 2, effective
July 1. L. 2006: (1)(a)(I), (1)(c)(I), (2), and (2)(b) amended, pp. 1389, 1404, �� 21, 63, effective August 7. L. 2008: (3.5) added, p. 1947, � 1, effective June 2; (1)(a)(I) amended, p. 2232, � 1, effective August 5. L. 2010: (3.5)(a)(I) amended, (SB 10-175), ch. 188, p. 798, � 59, effective April 29. L. 2011: (2)(a.5) added, (HB 11-1101), ch. 94, p. 277, � 1, effective April 8; (2)(a.5) amended, (HB 11-1323), ch. 265, p. 1198, � 1, effective June 2. L. 2012: (1)(a)(I), (1)(c), and IP(2)(a.5) amended and (2)(b.5) added, (HB 12-1294), ch. 252, p. 1251, � 2, effective June 4; (5) added, (HB 12-1268), ch. 234, p. 1024, � 1, effective July 1, 2013. L. 2013: (5)(a) amended, (HB 13-1300), ch. 316, p. 1687, � 73, effective August 7; (1)(a)(I)(A) and (2)(c) amended, (HB 13-1314), ch. 323, p. 1806, � 37, effective March 1, 2014. L. 2017: (2)(b) amended, (SB 17-242), ch. 263, p. 1323, � 184, effective May 25. L. 2019: (1)(a)(I)(A) and (2)(a.5)(II) amended and (2)(a.5)(III) added, (HB 19-1010), ch. 324, p. 2997, � 2, effective August 2; (3.5) amended, (HB 19-1060), ch. 10, p. 40, � 3, effective August 2; (1)(a)(I)(A) and (1)(c) amended and (2)(a.3) added, (HB 19-1237), ch. 413, p. 3639, � 8, effective July 1, 2021. L. 2020: (2)(a.5)(I) amended, (SB 20-136), ch. 70, p. 287, � 21, effective September 14. L. 2022: (1)(a)(I)(C) amended, (HB 22-1401), ch. 178, p. 1180, � 2, effective May 18; (1)(a)(I)(A.5) added and (3.5) repealed, (HB 22-1278), ch. 222, pp. 1583, 1506, �� 211, 52, effective July 1; IP(2) and (2)(a.3)(I) amended, (HB 22-1295), ch. 123, p. 845, � 69, effective July 1; (1)(a)(I)(A) amended (HB 22-1278), ch. 222, p. 1591, � 226, effective July 1, 2024; (2)(a)(II), (2)(a.3)(II), and (2)(b)(II) added by revision, (HB 22-1278), ch. 222, pp. 1591, 1605, �� 226, 263(1)(b). L. 2023: (6) added, (SB 23-219), ch. 88, p. 333, � 12, effective April 20; (1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II) amended and (1)(c)(III) added, (HB 23-1236), ch. 206, p. 1052, � 7, effective May 16. L. 2024: (1)(d) added, (SB 24-175), ch. 433, p. 3035, � 2, effective June 5; (1)(a)(I)(A) amended, (SB 24-121), ch. 439, p. 3065, � 1, effective August 7.
Editor's note: (1) This section is similar to former � 25-1-107 (1)(l), (3), and (4)
as they existed prior to 2003.
(2) Amendments to subsection (2) in sections 21 and 63 of House Bill 06-1277 were harmonized. As a result of the harmonization, subsection (2)(a) in section
63 of House Bill 06-1277 was renumbered as subsection (2)(b).
(3) Amendments to subsection (1)(a)(I)(A) by HB 19-1010 and HB 19-1237 were
harmonized, effective July 1, 2021.
(4) Subsection (2)(a.3)(I) was amended in HB 22-1295. Those amendments
were superseded by the repeal of subsection (2.3)(a) in SB 22-1278, effective July 1, 2024.
(5) Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective
July 1, 2024. (See L. 2022, pp. 1591, 1605.)
(6) Subsections (1)(a)(I)(A.5), (1)(c)(III), (2)(a.3)(II), and (2)(b)(II) provided for the
repeal of subsections (1)(a)(I)(A.5), (1)(c), (2)(a.3), and (2)(b), respectively, effective January 1, 2025. (See L. 2023, p. 1052.)
Cross references: For the legislative declaration in the 2012 act amending
subsections (1)(a)(I) and (1)(c) and the introductory portion to subsection (2)(a.5) and adding subsection (2)(b.5), see section 1 of chapter 252, Session Laws of Colorado 2012. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1060, see section 1 of chapter 10, Session Laws of Colorado 2019. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
25-1.5-104. Regulation of standards relating to food - powers and duties of
department. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:
(a) To impound any vegetables and other edible crops and meat and animal
products intended for and unfit for human consumption, and, upon five days' notice and after affording reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same if deemed necessary for the protection of the public health;
(b) (I) To promulgate and enforce rules, regulations, and standards for the
grading, labeling, classification, and composition of milk, milk products, and dairy products, including imitation dairy products; to establish minimum general sanitary standards of quality of all milk, milk products, dairy products, and imitation dairy products sold for human consumption in this state; to inspect and supervise, in dairy plants or dairy farms and in other establishments handling any milk, milk products, dairy products, or imitation dairy products, the sanitation of production, processing, and distribution of all milk, milk products, dairy products, and imitation dairy products sold for human consumption in this state and, to this end, to take samples of milk, milk products, dairy products, and imitation dairy products for bacteriological, chemical, and other analyses; and to enforce the standards for milk, milk products, dairy products, and imitation dairy products in processing plants, dairy farms, and other facilities and establishments handling, transporting, or selling such products; to certify persons licensed by the department under the provisions of section 25-5.5-107 as duly qualified persons for the purpose of collecting raw milk samples for official analyses in accordance with minimum qualifications established by the department; to issue, for the fees established by law, licenses and temporary permits to operate milk plants, dairy plants, receiving stations, dairy farms, and other facilities manufacturing any milk, milk products, dairy products, or imitation dairy products for human consumption.
(II) The phrase minimum general sanitary standards as used in this section
means the minimum standards reasonably consistent with assuring adequate protection of the public health. The word standards as used in this section means standards reasonably designed to promote and protect the public health.
(c) To promulgate and enforce rules and regulations for the labeling and sale
of oleomargarine and for the governing of milk- or cream-weighing-and-testing operations;
(d) To approve all oils used in reading tests of samples of cream and milk;
(e) To examine and license persons to sample or test milk, cream, or other
dairy products for the purpose of determining the value of such products or to instruct other persons in the sampling and testing of such products and to cancel licenses issued by the department on account of incompetency or any violation of the provisions of the dairy laws or the rules and regulations promulgated by the board;
(f) To license manufacturers of oleomargarine;
(g) To establish and enforce sanitary standards for the operation of
slaughtering, packing, canning, and rendering establishments and stores, shops, and vehicles wherein meat and animal products intended for human consumption may be offered for sale or transported, but this shall not be construed to authorize any state officer or employee to interfere with regulations or inspections made by anyone acting under the laws of the United States.
Source: L. 2003: Entire article added w
C.R.S. § 25-10-103
25-10-103. Definitions. As used in this article 10, unless the context otherwise requires:
(1) Absorption system means a leaching field and adjacent soils or other
system for the treatment of sewage in an on-site wastewater treatment system by means of absorption into the ground.
(2) Applicant means a person who submits an application for a permit for
an on-site wastewater treatment system.
(3) Cesspool means an unlined or partially lined underground pit or
underground perforated receptacle into which raw household wastewater is discharged and from which the liquid seeps into the surrounding soil. Cesspool does not include a septic tank.
(4) Commission means the water quality control commission created by
section 25-8-201.
(5) Department means the department of public health and environment
created by section 25-1-102.
(6) Division means the division of administration of the department.
(7) Effluent means the liquid flowing out of a component or device of an
on-site wastewater treatment system.
(8) Environmental health specialist means a person trained in physical,
biological, or sanitary science to carry out educational and inspectional duties in the field of environmental health.
(9) Health officer means the chief administrative and executive officer of a
local public health agency, or the appointed health officer of the local board of health. Health officer includes a director of a local public health agency.
(10) Local board of health means any local, county, or district board of
health.
(11) Local public health agency means any county, district, or municipal
public health agency and may include a county, district, or municipal board of health or local agency delegated by a county, district, or municipal board of health to oversee OWTS permitting and inspection or an OWTS program.
(12) On-site wastewater treatment system or OWTS and, where the
context so indicates, the term system, means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not a part of or connected to a sewage treatment works.
(13) Percolation test means a subsurface soil test at the depth of a
proposed absorption system or similar component of an on-site wastewater treatment system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed.
(14) Permit means a permit for the construction or alteration, installation,
and use or for the repair of an on-site wastewater treatment system.
(15) Person means an individual, partnership, firm, corporation, association,
or other legal entity and also the state, any political subdivision thereof, or other governmental entity.
(16) Professional engineer means an engineer licensed in accordance with
part 2 of article 120 of title 12.
(17) Septage means a liquid or semisolid that includes normal household
wastes, human excreta, and animal or vegetable matter in suspension or solution generated from a residential septic tank system. Septage may include such material issued from a commercial establishment if the commercial establishment can demonstrate to the department that the material meets the definition for septage set forth in this subsection (17). Septage does not include chemical toilet residuals.
(18) Septic tank means a watertight, accessible, covered receptacle
designed and constructed to receive sewage from a building sewer, settle solids from the liquid, digest organic matter, store digested solids through a period of retention, and allow the clarified liquids to discharge to other treatment units for final disposal.
(19) Sewage means a combination of liquid wastes that may include
chemicals, house wastes, human excreta, animal or vegetable matter in suspension or solution, and other solids in suspension or solution, and that is discharged from a dwelling, building, or other establishment.
(20) Sewage treatment works has the same meaning as domestic
wastewater treatment works under section 25-8-103.
(21) Soil evaluation means a percolation test, soil profile, or other
subsurface soil analysis at the depth of a proposed soil treatment area or similar component or system to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed or as an application rate of gallons per square foot per day.
(22) Soil treatment area means the physical location where final treatment
and dispersal of effluent occurs. Soil treatment area includes drainfields and drip fields.
(23) State waters has the meaning set forth under section 25-8-103.
(24) Systems cleaner means a person engaged in and who holds himself or
herself out as a specialist in the cleaning and pumping of on-site wastewater treatment systems and removal of the residues deposited in the operation thereof.
(25) Systems contractor means a person engaged in and who holds himself
or herself out as a specialist in the installation, renovation, and repair of on-site wastewater treatment systems.
Source: L. 97: Entire article amended with relocations, p. 122, � 1, effective
July 1. L. 2004: (16) amended, p. 1312, � 60, effective May 28. L. 2006: (2.5) added and (8) and (21) amended, p. 1129, � 6, effective July 1. L. 2010: (11) and (12) amended, (HB 10-1422), ch. 419, p. 2105, � 121, effective August 11. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 482, � 1, effective August 8. L. 2019: IP and (16) amended, (HB 19-1172), ch. 136, p. 1704, � 165, effective October 1.
C.R.S. § 25-10-108
25-10-108. Performance evaluation and approval of systems employing new technology. (1) A systems contractor, a professional engineer, or a manufacturer of on-site wastewater treatment systems that employ new technology may apply to the division for a determination of reliability of the system. The division may hold a public hearing to determine whether the particular design or type of system, based upon improvements or developments in the technology of sewage treatment, has established a record of performance reliability that would justify approval of applications for such systems by the health officer without mandatory review by the local board of health. If the division determines, based upon reasonable performance standards and criteria, that reliability has been established, the division shall so notify each local board of health, and applications for permits for the systems may thereafter be acted upon by the health officer, the health officer's designated representative, or the local board of health's designated representative, in the same manner as applications for systems described in section 25-10-106. The division shall not arbitrarily deny any person the right to a hearing on an application for a determination of reliability under this section.
(2) Except for designs or types of systems that have been approved by the
division pursuant to subsection (1) of this section, the local public health agency may approve an application for a type of system not otherwise provided for in section 25-10-106, only if the system has been designed by a professional engineer and only if the application provides for the installation of a backup system, of a type previously approved by the division under subsection (1) of this section, in the event of failure of the primary system. A local public health agency shall not arbitrarily deny any person the right to consideration of an application for such a system and shall apply reasonable performance standards in determining whether to approve an application.
Source: L. 97: Entire article amended with relocations, p. 131, � 1, effective
July 1. L. 2004: Entire section amended, p. 1313, � 63, effective May 28. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 490, � 1, effective August 8.
Editor's note: This section is similar to former � 25-10-107 as it existed prior
to 1997, and the former � 25-10-108 was relocated to � 25-10-109.
C.R.S. § 25-10-109
25-10-109. Licensing of systems contractors and systems cleaners. (1) The local board of health may adopt rules that provide for the licensing of systems contractors. The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems contractor and for a renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may revoke the license of a systems contractor for violation of this article or the rules adopted under this article or for other good cause shown, after a hearing conducted upon reasonable notice to the systems contractor and at which the systems contractor may be present, with counsel, and be heard.
(2) The local board of health may adopt rules that provide for the licensing of
systems cleaners, pursuant to section 25-10-104 (2). The local public health agency may charge a fee, not to exceed actual costs, for the initial license of a systems cleaner and for the renewal of the license. Initial licensing and renewals thereof shall be for a period of not less than one year. The local board of health may suspend or revoke the license of a systems cleaner for violation of this article or the rules adopted under this article or for other good cause shown after a hearing conducted upon reasonable notice to the systems cleaner and at which the systems cleaner may be present, with counsel, and be heard.
Source: L. 97: Entire article amended with relocations, p. 131, � 1, effective
July 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 491, � 1, effective August 8.
Editor's note: This section is similar to former � 25-10-108 as it existed prior
to 1997, and the former � 25-10-109 was relocated to � 25-10-110.
C.R.S. § 25-10-113
25-10-113. Penalties. (1) Any person who commits any of the following acts or violates this article 10 commits a civil infraction and shall be punished as provided in section 18-1.3-503:
(a) Constructs, alters, installs, or permits the use of any on-site wastewater
treatment system without first applying for and receiving a permit as required under this article;
(b) Constructs, alters, or installs an on-site wastewater treatment system in
a manner that involves a knowing and material variation from the terms or specifications contained in the application, permit, or variance;
(c) Violates the terms of a cease-and-desist order that has become final
under section 25-10-106 (1)(k);
(d) Conducts a business as a systems contractor without having obtained the
license provided for in section 25-10-109 (1) in areas in which the local board of health has adopted licensing regulations pursuant to that section;
(e) Conducts a business as a systems cleaner without having obtained the
license provided for in section 25-10-109 (2) in areas in which the local board of health has adopted licensing regulations pursuant to that section;
(f) Falsifies or maintains improper record keeping concerning system
cleaning activities not performed or performed improperly; or
(g) Willfully fails to submit proof of proper maintenance and cleaning of a
system as required by rules adopted pursuant to section 25-10-106.
(2) Upon a finding by the local board of health that a person is in violation of
this article or of rules adopted and promulgated pursuant to this article, the local board of health may assess a penalty of up to fifty dollars for each day of violation. In determining the amount of the penalty to be assessed, the local board of health shall consider the seriousness of the danger to the health of the public caused by the violation, the duration of the violation, and whether the person has previously been determined to have committed a similar violation.
(3) A person subject to a penalty assessed pursuant to subsection (2) of this
section may appeal the penalty to the local board of health by requesting a hearing before the appropriate body. The request must be filed within thirty days after the penalty assessment is issued. The local board of health shall conduct a hearing upon the request in accordance with section 24-4-105, C.R.S.
Source: L. 97: Entire article amended with relocations, p. 133, � 1, effective
July 1. L. 2002: IP(1) amended, p. 1537, � 269, effective October 1. L. 2012: Entire article amended, (HB 12-1126), ch. 137, p. 493, � 1, effective August 8. L. 2021: IP(1) amended, (SB 21-271), ch. 462, p. 3238, � 468, effective March 1, 2022.
Editor's note: This section is similar to former � 25-10-112 as it existed prior
to 1997.
Cross references: For the legislative declaration contained in the 2002 act
amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
ARTICLE 11
Radiation Control
Cross references: For western interstate nuclear compact, see part 14 of
article 60 of title 24.
PART 1
GENERAL PROVISIONS
C.R.S. § 25-11-110
25-11-110. Financial assurance warranties - definitions. (1) As a part of any license, certificate, or authorization issued under this article and pursuant to regulations promulgated by the state board of health, the department may require financial assurance warranties.
(2) As used in this section, unless the context otherwise requires:
(a) Decommissioning warranty means a financial assurance arrangement
provided by a person licensed, certified, or authorized pursuant to this article that is required to ensure decommissioning and decontamination of a facility and proper disposal of radioactive materials to meet the requirements of this part 1, the regulations promulgated pursuant thereto, or the license.
(b) Financial assurance warranty means a decommissioning warranty or a
long-term care warranty.
(c) Indirect costs means those costs established annually in accordance
with federal circular A-87, or any applicable successor document.
(d) Long-term care warranty means a financial assurance arrangement
provided by a person licensed, certified, or authorized pursuant to this article that is required to cover the costs incurred by the department in conducting surveillance of a disposal site in perpetuity subsequent to the termination of the radioactive materials license for that site.
(3) (a) Financial assurance warranties may be provided by the licensee or by
a third party or combination of persons.
(b) Any financial assurance warranty required pursuant to this section shall
be in a form prescribed by the state board of health by regulation.
(c) The department may refuse to accept any financial assurance warranty if:
(I) The form, content, or terms of the warranty are other than as prescribed
by the state board of health by regulation;
(II) The financial institution providing the financial assurance instrument is an
off-shore, nondomestic institution or does not have a registered agent in the state of Colorado;
(III) The value of the financial assurance warranty offered is dependent upon
the success, profitability, or continued operation of the licensed business or operation; or
(IV) The department determines that the financial assurance warranty
cannot be converted to cash within thirty days after forfeiture.
(4) (a) The department shall determine the amount of financial assurance
warranties required, taking into account the nature, extent, and duration of the licensed activities and the magnitude, type, and estimated cost for proper disposal of radioactive materials, decontamination, and decommissioning or long-term care.
(b) The amount of a decommissioning warranty shall be sufficient to enable
the department to dispose of radioactive materials and complete decontamination and decommissioning of affected buildings, fixtures, equipment, personal property, and lands if necessary.
(c) The amount of the decommissioning warranty shall be based upon cost
estimates of the total costs that would be incurred if an independent contractor were hired to perform the decommissioning, decontamination, and disposal work, and may include reasonable administrative costs, including indirect costs, incurred by the department in conducting or overseeing disposal, decontamination, and decommissioning and to cover the department's reasonable attorney costs that may be incurred in successfully revoking, foreclosing, or realizing the decommissioning warranty as authorized in section 25-11-111 (4).
(d) The amount of a long-term care warranty must be enough that, with an
assumed one percent annual real interest rate, the annual interest earnings will be sufficient to cover the annual costs of site surveillance by the department, including reasonable administrative costs incurred by the department, in perpetuity, subsequent to the termination of the radioactive materials license for that site.
(e) If the state of Colorado is the long-term caretaker for the disposal facility
pursuant to section 25-11-103 (7)(h), long-term care moneys shall be transferred, pursuant to section 25-11-113 (3), to the long-term care fund, created in section 25-11-113, prior to license termination and shall be used by the department to perform site surveillance and to cover the department's administrative and reasonable attorney costs.
(f) The department is authorized to transfer a long-term care warranty to the
United States department of energy or another federal agency if that agency will be the long-term caretaker for the disposal facility.
(5) (a) The department shall take reasonable measures to assure the
continued adequacy of any financial assurance warranty and may annually or for good cause increase or decrease the amount of required financial assurance warranties or require proof of the value of existing warranties.
(b) The licensee shall submit an annual report to the department
demonstrating proof of the value of existing warranties. The annual report shall describe any changes in operations, estimated costs, or any other circumstances that may affect the amount of the required financial assurance warranties, including any increased or decreased costs attributable to inflation.
(c) Public notice of the submittal of the licensee's annual report shall be
posted on the department's website and published by the operator in the local paper of general circulation. Any person may submit written comments to the department concerning the adequacy of any financial assurance warranties. The act of submitting such comments does not provide a right to administrative appeal concerning the financial assurance warranties.
(d) The licensee shall have sixty days after the date of written notification by
the department of a required adjustment to establish a warranty fulfilling all new requirements unless granted an extension by the department. If the licensee disputes the amount of the required financial assurance warranties, the licensee may request a hearing to be conducted in accordance with section 24-4-105, C.R.S.
(e) If the licensee requests a hearing, no new ore or other radioactive
material may be brought on site for processing or disposal and no new radioactive material may be processed until the licensee's dispute over the financial assurance warranty is resolved, unless the licensee posts a bond in a form approved by the department equal to the amount in dispute.
(6) (a) Financial assurance warranties shall be maintained in good standing
until the department has authorized in writing the discontinuance of such warranties.
(b) (I) If a financial warranty is provided by a corporate surety, the
department shall require the surety to be A.M. Best rated A-V or better and listed on the United States treasury's federal register of companies holding certificates of authority as acceptable sureties on federal bonds; except that, the corporate surety shall notify the department and the licensee, in writing, as soon as practicable in the event its A.M. Best, or equivalent, rating deteriorates below an A-V rating or such corporate surety is removed from the department of the treasury's list of companies holding certificates of authority as acceptable sureties on federal bonds.
(II) The board may promulgate rules and regulations concerning other
circumstances that may constitute an impairment of the warranties referenced in this article that would require reasonable notice to the department by the warrantor.
(III) A financial warrantor shall notify the department not less than ninety
days prior to any cancellation, termination, or revocation of the warranty, unless the department has authorized in writing the discontinuance of such warranties.
Source: L. 97: Entire section added, p. 1633, � 2, effective August 15. L. 2010:
(5) amended, (HB 10-1348), ch. 388, p. 1819, � 3, effective June 8. L. 2015: (4)(d) and (5)(e) amended, (HB 15-1145), ch. 79, p. 221, � 6, effective August 5.
C.R.S. § 25-11-114
25-11-114. Legislative declaration - public education regarding radon gas - assistance to low-income individuals for radon mitigation in their homes. (1) The general assembly finds, determines, and declares that:
(a) Radon, an odorless, colorless, radioactive gas, is the leading cause of
lung cancer deaths among nonsmokers in the nation and is the second leading cause of lung cancer deaths overall;
(b) Radon originates from the decay of naturally occurring uranium in
Colorado granite, soil, and bedrock and can accumulate in structures at dangerous risk levels to humans;
(c) Indoor radon ranks among the most serious environmental health
problems;
(d) Colorado ranks seventh in the nation for highest potential radon risk;
(e) All of Colorado's counties are at high risk for radon, and fifty percent of
Colorado homes have radon levels that should be mitigated;
(f) An estimated five hundred Coloradans die from radon-induced lung
cancer annually, causing more deaths than drunk driving, house fires, carbon monoxide, and drowning combined; and
(g) Increased education and awareness of the harmful effects of radon
exposure will help save the lives of Coloradans and reduce the burden of health-care costs from radon-induced lung cancer.
(2) The department shall establish a radon education and awareness
program. As a part of the program, the department shall:
(a) Provide radon information and education statewide to citizens,
businesses, and others in need of information;
(b) Work collaboratively with radon contractors and citizens to resolve
questions and concerns regarding the installation of safe, healthy, and efficient radon mitigation systems; and
(c) Collaborate with local governments to provide information on best
practices for radon mitigation strategies.
(3) Effective January 1, 2017, the department shall establish a radon
mitigation assistance program to provide financial assistance to low-income individuals for radon mitigation in their homes. The state board of health shall set the program requirements, including eligibility requirements for financial assistance.
(4) The department shall use money in the hazardous substance response
fund, established in section 25-16-104.6, to finance the radon education and awareness program and the radon mitigation assistance program.
Source: L. 2016: Entire section added, (HB 16-1141), ch. 128, p. 364, � 1,
effective August 10.
PART 2
URANIUM OR THORIUM FACILITIES
C.R.S. § 25-14-203
25-14-203. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Repealed.
(2) Auditorium means the part of a public building where an audience
gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto.
(3) Bar means any indoor area that is operated and licensed under article 3
of title 44, primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such alcohol beverages.
(4) Cigar-tobacco bar means a bar that, in the calendar year ending
December 31, 2005, generated at least five percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. In any calendar year after December 31, 2005, a bar that fails to generate at least five percent of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a cigar-tobacco bar and shall not thereafter be included in the definition regardless of sales figures.
(4.5) Electronic smoking device or ESD:
(a) Means any product, other than a product described in subsection (4.5)(c)
of this section, that contains or delivers nicotine or any other substance intended for human consumption and that can be used by a person to enable the inhalation of vapor or aerosol from the product;
(b) Includes any product described in subsection (4.5)(a) of this section and
any similar product or device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen or under any other product name or descriptor; and
(c) Does not include:
(I) A humidifier or similar device that emits only water vapor; or
(II) An inhaler, nebulizer, or vaporizer that is approved by the federal food
and drug administration for the delivery of medication.
(5) (a) Employee means any person who:
(I) Performs any type of work for benefit of another in consideration of direct
or indirect wages or profit; or
(II) Provides uncompensated work or services to a business or nonprofit
entity.
(b) Employee includes every person described in paragraph (a) of this
subsection (5), regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title.
(6) Employer means any person, partnership, association, corporation, or
nonprofit entity that employs one or more persons. Employer includes, without limitation, the legislative, executive, and judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency; or any other separate corporate instrumentality or unit of state or local government.
(7) Entryway means the outside of the front or main doorway leading into a
building or facility that is not exempted from this part 2 under section 25-14-205. Entryway also includes the area of public or private property within a specified radius outside of the doorway. The specified radius may be determined by the local authority pursuant to section 25-14-207 (2)(a), but must be at least twenty-five feet unless section 25-14-207 (2)(a)(II)(B) or (2)(a)(II)(C) applies. If the local authority has not acted, the specified radius is twenty-five feet.
(8) Environmental tobacco smoke, ETS, or secondhand smoke means
the complex mixture formed from the escaping smoke of a burning tobacco product, also known as sidestream smoke, and smoke exhaled by the smoker.
(9) Food service establishment means any indoor area or portion thereof in
which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.
(10) Indoor area means any enclosed area or portion thereof. The opening
of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.
(11) Local authority means a county, city and county, city, or town.
(11.5) Marijuana shall have the same meaning as in section 16 (2)(f) of
article XVIII of the state constitution.
(12) Place of employment means any indoor area or portion thereof under
the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.
(13) Public building means any building owned or operated by:
(a) The state, including the legislative, executive, and judicial branches of
state government;
(b) Any county, city and county, city, or town, or instrumentality thereof, or
any other political subdivision of the state, a special district, an authority, a commission, or an agency; or
(c) Any other separate corporate instrumentality or unit of state or local
government.
(14) Public meeting means any meeting open to the public pursuant to part
4 of article 6 of title 24, C.R.S., or any other law of this state.
(15) Smoke-free work area means an indoor area in a place of employment
where smoking is prohibited under this part 2.
(16) Smoking means inhaling, exhaling, burning, or carrying any lighted or
heated cigar, cigarette, or pipe or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an ESD.
(17) Tobacco means cigarettes, cigars, cheroots, stogies, and periques;
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for smoking.
(18) Tobacco business means a sole proprietorship, corporation,
partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, including ESDs, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental.
(19) Work area means an area in a place of employment where one or more
employees are routinely assigned and perform services for or on behalf of their employer.
Source: L. 2006: Entire part added, p. 54, � 1, effective July 1. L. 2010: (16)
amended, (HB 10-1284), ch. 355, p. 1687, � 11, effective July 1. L. 2013: (11.5) added and (16) amended, (SB 13-283), ch. 332, p. 1895, � 13, effective May 28. L. 2018: (3) amended, (HB 18-1025), ch. 152, p. 1079, � 13, effective October 1. L. 2019: (1) repealed, (4.5) added, and (7), (16), and (18) amended, (HB 19-1076), ch. 337, p. 3093, � 2, effective July 1.
C.R.S. § 25-16-312
25-16-312. Rural housing and development asbestos and lead paint abatement pilot grant program - fund created - definition - rules - repeal. (1) The rural housing and development asbestos and lead paint abatement pilot grant program, referred to in this section as the pilot grant program, is established in the department. The pilot grant program may award grants, beginning July 1, 2025, to local governments in rural communities to offset costs associated with the abatement of asbestos and lead paint in:
(a) Housing;
(b) Commercial buildings; and
(c) Other development projects.
(2) To be eligible for a grant from the pilot grant program, a local
government must submit an application to the department. The application must:
(a) For renovation or demolition sites, include an inspection report consistent
with the rules adopted pursuant to section 25-7-503 detailing asbestos-containing materials in excess of trigger levels;
(b) For renovation of lead-based paint abatement sites, include a description
of eligibility that the facility meets the definition in section 25-7-1102 (2) or (7);
(c) For both asbestos and lead-based paint abatement, renovation, or
demolition, include documentation demonstrating that the applicant has acquired any necessary permits and regulatory approval from the air pollution control division; and
(d) Include an assessment of the needs of the local government's rural
communities specific to:
(I) The health and environmental impacts of asbestos- and lead-paint-contaminated structures;
(II) The presence or lack of certified asbestos abatement or lead paint
abatement personnel or supervisors operating within, or traveling to, rural communities for abatement projects;
(III) The cost of acquiring certified asbestos abatement or lead paint
abatement personnel or supervisors within rural communities;
(IV) The proximity to, and availability of, asbestos and lead paint disposal
facilities; and
(V) Community impacts on economic development and affordable housing.
(3) (a) The rural housing and development asbestos and lead paint
abatement fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money generated from penalties and fines collected pursuant to sections 25-15-309 and 25-15-310, as described in section 25-15-311; penalties collected pursuant to section 25-7-511; and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) The state treasurer shall credit any unexpended and unencumbered
money remaining in the fund at the end of a state fiscal year to the fund; except that, on June 30, 2027, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund to the general fund.
(d) Subject to annual appropriation by the general assembly, the department
may expend money to award grants as described in subsection (1) of this section.
(4) As used in this section, unless the context requires otherwise, rural
community has the meaning set forth in section 39-22-526 (1)(b)(II).
(5) This section is repealed, effective July 1, 2027.
Source: L. 2024: Entire section added, (HB 24-1457), ch. 356, p. 2431, � 1,
effective August 7.
ARTICLE 16.5
Colorado Sustainability
Editor's note: This article 16.5 was added in 1992. It was repealed and
reenacted in 2024, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 16.5 prior to 2024, consult the 2023 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 16.5, see the comparative tables located in the back of the index.
25-16.5-101. Short title. The short title of this article 16.5 is the Colorado
Sustainability Act.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-101 as it existed prior
to 2024.
25-16.5-102. Legislative declaration. (1) The general assembly finds that:
(a) The Pollution Prevention Act of 1992, which has been instrumental in
addressing certain environmental concerns over the previous three decades, should be updated to meet the state's evolving sustainability and circularity needs;
(b) Circularity, including waste diversion and aversion, involves more than
diverting waste materials from the landfill. A circular business model prevents waste, uses resources efficiently, prioritizes renewable inputs, and invests in improved product design as a means to maximize a product's value by maximizing the product's usage and lifetime. At the end of a product's useful life, circularity involves recovering and reusing the product and any byproducts created in its manufacturing to make new materials and products.
(c) Waste diversion and aversion, which are important components of
circularity and include organics management:
(I) Extend the useful life of local landfills;
(II) Mitigate greenhouse gas emissions;
(III) Protect the soil relied upon for the state's farmland; and
(IV) Save natural resources;
(d) It is critical to foster and recognize partnerships between governments,
businesses, and communities in achieving the state's sustainability and circularity objectives. Businesses have the potential to lead in environmental stewardship and to play a vital role in reaching these objectives.
(e) Efforts to improve sustainability services and circularity in the state,
including by providing coaching and recognition of businesses engaged in sustainability and circularity, support Colorado's environment and economy and the social fabric of our state.
(2) The general assembly further finds that:
(a) By merging the recycling resources economic opportunity program and
the front range waste diversion enterprise into a new Colorado circular communities enterprise:
(I) The impact of waste disposal throughout the state can be minimized, and,
as a result, the state's natural beauty and resources can be better maintained;
(II) Increased services may be provided to the waste disposal site operators
that pay fees, as well as to residents and businesses throughout the state; and
(III) More diverse, equitable, efficient, and innovative solutions to waste
management can be implemented through the evolving field of circularity, including regional and statewide solutions that benefit communities outside of the front range; and
(b) Through the development of regional solutions, public-private
partnerships, and extended project periods, the Colorado circular communities enterprise will provide local governments, businesses, nonprofits, and other eligible entities with enhanced project design options to support community projects that will provide environmental and economic benefits throughout the state.
(3) Therefore, the general assembly declares that:
(a) The modernization of the Pollution Prevention Act of 1992 is necessary
to build a comprehensive framework for advancing sustainability and circularity efforts in the state through technical assistance, financial assistance, and recognition of innovative leaders in sustainable operations; and
(b) This article 16.5 fosters environmental sustainability by seeking to strike
a balance between economic growth and environmental care in a manner that meets the needs of current generations in the state without compromising the needs of future generations.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-102 as it existed prior
to 2024.
25-16.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Circular economy has the meaning set forth in section 25-17-601 (2).
(2) Colorado circular communities enterprise or enterprise means the
Colorado circular communities enterprise created in section 25-16.5-109 (3).
(3) Department means the department of public health and environment.
(4) Federal act means the federal Emergency Planning and Community
Right-to-know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499.
(5) Hazardous substance means those chemicals defined as hazardous
substances under section 313 of the federal Superfund Amendments and Reauthorization Act of 1986 (SARA Title III), as amended, and sections 101 (14) and 102 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. sec. 9601 et seq., as amended.
(6) Local government means a statutory or home rule city, county, or city
and county.
(7) Organic materials has the meaning set forth in section 25-17-901 (5).
(8) School means:
(a) A school of a school district;
(b) A district charter school, as defined in section 22-11-103 (12);
(c) An institute charter school, as defined in section 22-30.5-502 (6);
(d) An approved facility school, as defined in section 22-2-402 (1); or
(e) A board of cooperative services, as defined in section 22-5-103 (2).
(9) State institution of higher education has the meaning set forth in
section 23-18-102 (10).
(10) Sustainability means nonregulatory activities that, for both current
and future generations, protect the environment, support local and state economics, and promote public health.
(11) Waste diversion and aversion or waste diversion or aversion means
the sustainable design, production, distribution, consumption, recoverability, reuse, waste prevention, repair, collection, and recycling of a variety of materials, including construction and demolition materials, single-stream materials, technology and electronic materials; food recovery; and the composting of raw and reused materials, including organic materials.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1112, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-103 as it existed prior
to 2024.
25-16.5-104. Recycling resources economic opportunity fund - creation -
repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1,
effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.5 as it existed prior to 2024.
(2) Subsection (5) provided for the repeal of this section, effective October 1,
-
(See L. 2024, p. 1113.)
25-16.5-105. Recycling resources economic opportunity program - grants - repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1, effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.7 as it existed prior to 2024.
(2) Subsection (3) provided for the repeal of this section, effective October 1, 2025. (See L. 2024, p. 1113.)
25-16.5-106. Statewide voluntary sustainability program. (1) The department shall establish a statewide, voluntary program that:
(a) Encourages, supports, and rewards businesses, such as for-profit entities, nonprofits, local governments, schools, and state institutions of higher education; and
(b) Moves the state toward evidenced sustainability.
(2) In implementing the statewide voluntary program, the department may:
(a) Provide assessments and technical assistance to businesses seeking to increase sustainability in their operations;
(b) Facilitate business collaborations and peer-to-peer support;
(c) Establish regional partnerships and partnerships with local governments, where partners consistently apply the department framework for achieving sustainable business operations;
(d) Support businesses in marketing their sustainability achievements and efforts;
(e) Recognize businesses' sustainability achievements;
(f) Promote funding opportunities that can assist businesses with achieving their sustainability goals;
(g) Provide services and funding to assist small businesses;
(h) To the extent funding is available, provide annual training that includes food waste prevention and reduction strategies, develop a food waste reduction guidance document, place the document on the department's public website, and update the document at least annually; and
(i) At the discretion of the department, deliver additional sustainability services to meet business needs.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1. L. 2025: (2)(g) and (2)(h) amended and (2)(i) added, (HB 25-1166), ch. 90, p. 372, � 1, effective August 6.
25-16.5-107. Pollution prevention fees. (1) (a) The department shall charge and collect pollution prevention fees from any reporting facility that is required to file a report with the department pursuant to the federal act as follows:
(I) Facilities required to report pursuant to section 11002 of the federal act shall pay an annual fee not to exceed ten dollars per reporting facility;
(II) Each facility required to report pursuant to section 11022 of the federal act is required to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency; and
(III) Each facility required to report pursuant to section 11023 of the federal act shall pay an annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.
(b) The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 FR 41981 (1993), the department has the authority to collect pollution prevention fees.
(c) Any retail motor fuel outlet that is required to report pursuant to the federal act shall pay one-half of the fee set forth in subsection (1)(a) of this section.
(d) Any single reporting organization that owns or operates multiple reporting facilities is not required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.
(e) Agricultural businesses that are required to report under the federal act are not required to pay the pollution prevention fees set forth in this subsection (1).
(f) It is the intent of the general assembly that the department collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.
(2) The department shall transmit any money collected pursuant to subsection (1) of this section to the state treasurer and the state treasurer shall credit the money to the pollution prevention fund created in section 25-16.5-108.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-108 as it existed prior to 2024.
25-16.5-108. Pollution prevention fund - created. (1) There is created in the state treasury the pollution prevention fund. Any money collected pursuant to section 25-16.5-107 is credited to the fund. All interest derived from the deposit and investment of money in the fund is credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.
(2) The money generated from the pollution prevention fees pursuant to section 25-16.5-107 is annually appropriated to the department to cover the direct and indirect costs for sustainability services set forth in section 25-16.5-106. The money in the fund shall not be used for the enforcement of any state law or regulation governing environmental protection.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1115, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-109 as it existed prior to 2024.
25-16.5-109. Colorado circular communities enterprise - fund - goals - grant program - personal property tax reimbursements - gifts, grants, or donations - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly:
(a) Finds that:
(I) Colorado has one of the lowest rates of waste diversion in the United States, recycling only about twelve percent of our waste compared to thirty-five percent nationwide;
(II) Colorado disposed of a record amount of trash in landfills in 2017, over nine million tons, while there was essentially no increase in the municipal waste diversion rate;
(III) Recycling, reuse, and remanufacturing contribute almost nine billion dollars to the Colorado economy annually, yet we are throwing away in our landfills more than one-quarter billion dollars' worth annually of recyclable material, such as aluminum, cardboard, paper, glass, and plastics, which material could have been recycled here in Colorado, thereby creating local jobs and strengthening local economies;
(IV) Recycling creates an average of nine times more jobs per ton of waste than does disposal in a landfill, and recycling is one of the fastest, easiest, and most cost-effective ways to reduce greenhouse gas emissions;
(V) The front range:
(A) Generates about eighty-five percent of the waste statewide and has most of the infrastructure in place to divert waste from landfills; and
(B) Has higher densities of waste producers and recycling facilities than the rest of the state and thus fewer challenges regarding long distances to recycling facilities and markets;
(VI) To support waste diversion efforts, the average family living along the front range pays about eighty-six cents per year in the form of user fees assessed at fourteen cents per cubic yard of waste disposed of at attended landfills, which fees are used to support waste diversion efforts; and
(VII) Circularity can only be achieved when working collaboratively across the state to maximize the use of local materials and the local use of end products;
(VIII) Circularity and waste diversion and aversion infrastructure is needed statewide through a combination of local, regional, and statewide solutions; and
(IX) Circularity services, including waste diversion and aversion, support operators of attended solid waste disposal sites, waste producers, and persons paying the fee by extending the useful life of landfills, supporting expansion of fee services to meet community demand for composting and recycling services, and establishing local uses for collected materials that reduce the transportation costs of operators of attended solid waste disposal sites, waste producers, and persons paying the fee;
(b) Determines that:
(I) A circular economy, including waste diversion and aversion, has substantial economic and environmental benefits for the state;
(II) The opportunity for improvement is great, yet the state lacks:
(A) A sufficient funding source to make these improvements; and
(B) A coherent circular economy policy, including waste diversion and aversion policies, at the local level; and
(III) It is in the state's interest to provide financial and technical assistance to communities to develop a circular economy and reach their waste diversion and aversion goals through technical assistance and a grant and funding opportunity program financed by user fees; and
(c) Declares that:
(I) Providing technical assistance, grants, and funding opportunities to support a circular economy, including waste diversion and aversion, constitutes a valuable service and benefit, and the Colorado circular communities enterprise provides useful business services to waste producers when, in exchange for payment of user fees, it provides technical assistance and awards grants or funding financed by the fees to entities that promote a circular economy, including waste diversion and aversion;
(II) It is necessary, appropriate, and in the best interest of the state to acknowledge that by providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(III) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the user fee collected by the enterprise is a fee, not a tax, because the fee is imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section to waste producers that ultimately pay the fee and is collected at rates that are reasonably calculated based on the benefits received by those waste producers;
(IV) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the user fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(G); and
(V) This section is necessary to provide incentives to local governments, for-profit waste management and waste diversion companies, state institutions of higher education, nonprofit organizations, or other entities that the board identifies as pursuing a circular economy for the state, including waste diversion and aversion.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Board means the board of directors of the enterprise.
(b) Circular economy development center means the circular economy development center created in section 25-17-602 (1).
(c) (I) Eligible entity means the following entities located or providing services in Colorado:
(A) Cities, counties, and cities and counties;
(B) Nonprofit and for-profit businesses promoting a circular economy, including waste diversion or aversion;
(C) State institutions of higher education and public or private schools; and
(D) Any other entity identified by the board as supporting or pursuing a circular economy for Colorado, including waste diversion and aversion.
(II) Eligible entity includes an entity listed in subsection (2)(c)(I) of this section that is locating to Colorado after recruitment by the circular economy development center pursuant to section 25-17-602 (1)(d) and in accordance with subsection (2)(c)(III) of this section.
(III) To qualify as an eligible entity by locating to Colorado after recruitment pursuant to subsection (2)(c)(II) of this section, an entity that is locating to Colorado must demonstrate that it has:
(A) Been in business in another jurisdiction for a minimum of three years;
(B) Identified a Colorado location to relocate or expand its business to;
(C) Registered with the Colorado secretary of state; and
(D) Been recommended by the circular economy development center.
(d) Enterprise means the Colorado circular communities enterprise created in subsection (3) of this section.
(e) Fee or fees means money collected by means of the user fees authorized by section 25-16-104.5 (3.9).
(f) Fund means the Colorado circular communities cash fund created in subsection (4) of this section.
(g) (I) Grant and funding program means the Colorado circular communities grant and funding program created in subsection (6) of this section.
(II) Grant and funding program includes:
(A) Grants;
(B) Purchases;
(C) Loans;
(D) Rebates;
(E) Noncompetitive formula funding; and
(F) Funding that may result from a request to the board from one or more public or private partners across multiple jurisdictions.
(h) Producer responsibility program means the producer responsibility program for statewide recycling established pursuant to part 7 of article 17 of this title 25.
(i) Share table means a station where a student may return whole food or beverage items that the student chooses not to consume. Returned food and beverage items are then available for redistribution to other students as necessary to prevent food waste and in compliance with federal, state, and local health and food safety requirements.
(3) Enterprise. (a) There is created in the department the Colorado circular communities enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of collecting the fee charged to waste producers and using the fee to provide grants, funding, and technical assistance and to pay for studies to promote a circular economy, including waste diversion and aversion. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(b) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) The enterprise's primary powers and duties are to:
(I) Collect the fee;
(II) Promote a circular economy, including waste diversion and aversion, by providing technical assistance and issuing grants and funding, as specified in subsection (6) of this section;
(III) Issue revenue bonds payable from the revenues of the enterprise to promote a circular economy, including waste diversion and aversion, as specified in this section;
(IV) Publish each year, on the department's website and as otherwise deemed appropriate by the board, the strategies that the board has prioritized for funding through the grant and funding program;
(V) Adopt, amend, or repeal policies for the regulation of the enterprise's affairs and the conduct of its business consistent with this section, including establishing application, review, approval, reporting, and other requirements for grants and funding;
(VI) Engage the services of contractors, consultants, and legal counsel, including the department and the attorney general's office, for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department shall provide office space and administrative staff to the enterprise pursuant to a contract entered into pursuant to this subsection (3)(c)(VI).
(VII) In coordination with the department, pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center;
(VIII) Repealed.
(IX) Ensure continuity of enterprise operations. To ensure continuity, any grant agreement or contract entered into by the front range waste diversion enterprise board pursuant to this section as it existed before House Bill 24-1449 was enacted in 2024 is transferred or assigned to the Colorado circular communities enterprise board. The chair of the front range waste diversion board or the chair's designee is authorized to assign any contract or agreement of the front range waste diversion enterprise board on behalf of the dissolved front range waste diversion enterprise board to the circular communities enterprise board until January 31, 2025. The department is authorized to administer the services on behalf of the enterprise in the interim to the extent necessary to maintain operations. The enterprise shall compensate the department at fair market value for any interim services that the department provides.
(d) (I) The enterprise is governed by a board of directors. The executive director of the department shall appoint the following thirteen members of the board:
(A) One member representing the department; and
(B) Twelve members who, to the extent practicable, represent a balance of for-profit and nonprofit businesses and local governments and meet the eligibility requirements set forth in subsections (3)(d)(II) and (3)(d)(III) of this section.
(II) Members appointed pursuant to subsection (3)(d)(I)(B) of this section must have expertise in one or more of the following areas:
(A) The circular economy;
(B) Producer responsibility;
(C) Environmental health and safety;
(D) Circular economy or renewable energy business development or investment;
(E) Economic development;
(F) Public finance; or
(G) Expertise in statewide or community-wide waste diversion or aversion planning and implementation.
(III) When appointing members of the board, the executive director of the department shall ensure that, to the extent practicable:
(A) At least three members represent a local government, and at least one of the three members lives in or represents a community outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5);
(B) At least three members represent waste haulers or landfill operators;
(C) At least three members live in or represent communities outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5); and
(D) At least one member represents an organization that works to reduce burdens experienced by disproportionately impacted communities.
(e) The member appointed pursuant to subsection (3)(d)(I)(A) of this section shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. Each member of the board is entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending an official board meeting.
(f) The term of office of board members is three years; except that the initial term of five members appointed pursuant to subsection (3)(d)(I)(B) of this section is two years. Members may serve for multiple consecutive or nonconsecutive terms.
(4) Fund. (a) There is created in the state treasury the Colorado circular communities cash fund. The fund consists of money credited to the fund pursuant to sections 25-16-104.5 (3.9) and 18-4-511 (4)(b) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The enterprise is exempt from section 24-77-108.
(b) Money in the fund is continuously appropriated to the enterprise to:
(I) Cover the direct and indirect costs for administering the enterprise and its services;
(II) Award grants and funding in accordance with this section;
(III) Provide technical assistance, including through the development and implementation of public policy, to eligible entities to promote a circular economy, including waste diversion and aversion;
(IV) Pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center; and
(V) Repealed.
(c) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(d) Repealed.
(5) Circular economy promotion. (a) The enterprise shall promote a circular economy in the state, including waste diversion and aversion. In promoting a circular economy, the enterprise shall consider:
(I) Promoting reuse of natural resources and reduction of greenhouse gas emissions;
(II) Incentivizing Colorado businesses to:
(A) Use materials that Coloradans recycle and compost;
(B) Produce new products that meet known health and safety standards;
(C) Maximize the recovery and reuse of byproducts during the manufacturing process; and
(D) Minimize waste when manufacturing, selling, or distributing products;
(III) Incentivizing and supporting local, regional, and statewide infrastructure, systems, logistics, studies, and marketing to help create a sustainable circular economy;
(IV) Creating local jobs, developing Colorado's workforce, supporting regional businesses, and diversifying current and new end markets;
(V) Supporting circular economy and sustainable resource education;
(VI) Extending the useful life of local landfills;
(VII) Supporting statewide municipal waste diversion and aversion and waste reduction goals; and
(VIII) Reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs.
(b) To the extent practicable, in prioritizing and designing its services, the enterprise shall coordinate with:
(I) The circular economy development center;
(II) The producer responsibility program and nonprofit organization that the executive director of the department designates pursuant to section 25-17-705 (1)(b)(II) as the producer responsibility organization to implement and administer the producer responsibility program;
(III) The office of economic development created in section 24-48.5-101 (1); and
(IV) Any similar public and private initiatives identified by the board as supporting a circular economy.
(6) Grant and funding program. (a) (I) The enterprise shall administer the grant and funding program and, subject to available revenue, shall award grants and funding from the fund as provided in this subsection (6).
(II) Before distributing money, the board shall assess and determine an equitable distribution of money from the fund for rural counties. This assessment may occur within each grant or funding opportunity or within the overall distribution of money, as determined by the board.
(III) If the grant applications or funding requests are insufficient to achieve the desired distribution, the board may distribute money in a manner that deviates from the equitable distribution determined by the board, but the board shall then evaluate and identify strategies to work toward an equitable distribution of money from the fund for future grant and funding opportunities.
(b) (I) The purpose of the grant and funding program is to provide economic and technical assistance to eligible entities in their efforts to promote a circular economy, including waste diversion and aversion, as described in this section.
(II) The board shall establish criteria to evaluate and prioritize applications or requests for grants or awards of funding. As part of the services that the board may contract for the enterprise pursuant to subsection (3)(c)(VI) of this section, the department shall review applications and requests for funding utilizing criteria that the board establishes.
(III) (A) Subject to subsection (6)(b)(III)(B) of this section, in reviewing applications and requests for funding, the department may engage stakeholders to inform the design of, identify gaps in, or assist in the review process or to gain increased understanding of topics that may merit inclusion in the approved project activities and deliverables, such as industry standards, environmental health and safety standards, business requirements, economic or investment considerations, or similar topics that will support the successful implementation of an approved project.
(B) In engaging a stakeholder, the department shall determine that the stakeholder does not have a conflict of interest regarding the grant application or funding request being designed or reviewed or, if the stakeholder has a conflict of interest, that the conflict can be managed through business practices, including disclosures and recusals, to maximize fairness across all applicants and entities requesting funding. A board member may serve as a stakeholder for the purpose of this subsection (6)(b)(III) if the board member does not have a conflict of interest or the conflict of interest can be managed in the same manner as other stakeholders.
(IV) The department shall develop grant and funding recommendations for the board that include the recommended grant or funding recipient, the project and its contribution to a circular economy, the grant or funding award amount, the duration of the grant, and whether the grant benefits rural areas of the state. The board shall review the department's recommendations in awarding grants or funding.
(c) At a minimum, at the time of application or request for funding or, if appropriate as determined by the board, at the time of awarding a grant or funding, an award of a grant or of funding must include the following information:
(I) A narrative description of the project;
(II) A description of how the project promotes a circular economy, including waste diversion and aversion;
(III) The amount of in-kind contributions or matching funds, if any, that the applicant or outside sources will provide for the project budget; and
(IV) For nonprofit and for-profit grant project applications, whether there is local government support for the grant application.
(d) Grant and funding recipients may use the money received through the grant and funding program for staffing, supplies, equipment, marketing and communications, planning, policy research and development, community engagement, and programming and services required by the board.
(e) The board shall:
(I) Use its best efforts to award grants within ninety days after receipt of applications and to award other funding as soon as practicable;
(II) Not allocate more than fifty percent of the annual fee revenue in any single grant award;
(III) Include a scope of work or conditions of funding, including mileposts and deadlines for achievement of specified goals, in grant award and funding agreements; and
(IV) Determine the criteria for measuring progress. The board shall consider a grantee's or funding recipient's progress in awarding further grants to the grantee or funding to the funding recipient.
(f) (I) A grantee or funding recipient shall report to the board on the progress of the project financed by the grant or award of funding pursuant to terms specified by the board but no less than on an annual basis.
(II) The board may develop a policy regarding a grantee's noncompliance with the grant or funding agreement entered into by the grantee or funding recipient and the board, which policy may include a mechanism for the board to convert the grantee's grant or funding award to a loan with interest. Nothing in this subsection (6)(f) limits the board's authority to address noncompliance with action up to and including termination of the grant or funding agreement.
(7) Reporting. Notwithstanding section 24-1-136 (11)(a)(I), the board shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over environment matters regarding:
(a) The unobligated balance of the fund;
(b) An overview of the grants and funding awarded and of any technical assistance provided;
(c) The progress toward achievement of a circular economy, including waste diversion and aversion, and the primary factors facilitating and inhibiting that progress; and
(d) Any suggested legislation or policy changes.
(8) Repeal. (a) This section is repealed, effective September 1, 2032.
(b) The state treasurer shall transfer any money remaining in the fund on September 1, 2032, to the general fund.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1116, � 1, effective July 1. L. 2025: (2)(i) and (5)(a)(VIII) added and (5)(a)(VI) and (5)(a)(VII) amended, (HB 25-1059), ch. 77, p. 327, � 2, effective August 6.
Editor's note: Subsections (3)(c)(VIII)(B), (4)(b)(V)(B), and (4)(d)(II) provided for the repeal of subsections (3)(c)(VIII), (4)(b)(V), and (4)(d), respectively, effective July 1, 2025. (See L. 2024, p. 1116.)
25-16.5-110. Stakeholder feedback - report. (1) Stakeholders may provide the department with feedback about the effectiveness of the enterprise, including any factors that facilitate or inhibit progress, which factors may relate to the enterprise itself or to other areas such as the circular economy development center or producer responsibility program. At any time the department chooses, the department shall share the feedback with the board to inform the board's strategies and decisions.
(2) By January 1, 2030, the department, after engaging stakeholders, shall submit a report to the committees of reference of the general assembly with jurisdiction over environmental matters regarding the enterprise and any recommendations. The department's recommendations in the report may include:
(a) The statutory repeal date of the enterprise, if any;
(b) Enterprise fee amounts, including a proposed schedule for fee increases or a recommendation to move to a single, statewide fee; and
(c) Progress toward delivering statewide services.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1126, � 1, effective July 1.
ARTICLE 17
Waste Diversion and Recycling
PART 1
RECYCLING OF PRODUCTS
C.R.S. § 25-17-1018
25-17-1018. Rules. The commission may adopt rules implementing this part 10.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2402, � 1,
effective August 6.
ARTICLE 18
Underground Storage Tanks
25-18-101 to 25-18-109. (Repealed)
Source: L. 95: Entire article repealed, p. 420, � 12, effective July 1.
Editor's note: This article was added in 1989. For amendments to this article
prior to its repeal in 1995, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this article were relocated to article 20.5 of title 8. For the location of specific provisions, see the editor's notes following each section in said article.
ARTICLE 18.5
Illegal Drug Laboratories
Law reviews: For article, Meth Labs: New Colorado Cleanup Mandate and
Regulation, see 34 Colo. Law. 105 (Dec. 2005).
25-18.5-101. Definitions. As used in this article, unless the context
otherwise requires:
(1) Board means the state board of health in the department of public
health and environment.
(2) Certified industrial hygienist means an individual who is certified by the
American board of industrial hygiene or its successor.
(3) Clean-up standards means the acceptable standards for the
remediation of an illegal drug laboratory involving methamphetamine, as established by the board under section 25-18.5-102.
(4) Consultant means a certified industrial hygienist or industrial hygienist
who is not an employee, agent, representative, partner, joint venture participant, or shareholder of the contractor or of a parent or subsidiary company of the contractor, and who has been certified under section 25-18.5-106.
(5) Contractor means a person:
(a) Hired to decontaminate an illegal drug laboratory in accordance with the
procedures established by the board under section 25-18.5-102; and
(b) Certified by the department under section 25-18.5-106.
(6) Department means the Colorado department of public health and
environment.
(7) Governing body means the agency or office designated by the city
council or board of county commissioners where the property in question is located. If there is no such designation, the governing body shall be the county, district, or municipal public health agency, building department, and law enforcement agency with jurisdiction over the property in question.
(8) Illegal drug laboratory means the areas where controlled substances,
as defined by section 18-18-102, C.R.S., have been manufactured, processed, cooked, disposed of, used, or stored and all proximate areas that are likely to be contaminated as a result of the manufacturing, processing, cooking, disposal, use, or storage.
(9) Industrial hygienist has the same meaning as set forth in section 24-30-1402 (2.2), C.R.S.
(10) Property means anything that may be the subject of ownership,
including land, buildings, structures, and vehicles.
(11) Property owner, for the purposes of real property, means the person
holding record fee title to real property. Property owner also means the person holding title to a manufactured home.
Source: L. 2004: Entire article added, p. 532, � 1, effective April 21. L. 2005:
(2.5) added, p. 1495, � 1, effective June 9. L. 2009: (2) amended and (2.7) added, (SB 09-060), ch. 140, p. 600, � 1, effective April 20. L. 2010: (2.5) amended, (HB 10-1422), ch. 419, p. 2106, � 125, effective August 11. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1564, � 1, effective August 7.
25-18.5-102. Illegal drug laboratories - rules. (1) The board shall
promulgate rules in accordance with section 24-4-103, C.R.S., as necessary to implement this article, including:
(a) Procedures for testing contamination, evaluating contamination, and
establishing the acceptable standards for cleanup of illegal drug laboratories involving methamphetamine;
(b) Procedures for a training and certification program for people involved in
the assessment, decontamination, and sampling of illegal drug laboratories. The board may develop different levels of training and certification requirements based on a person's prior experience in the assessment, decontamination, and sampling of illegal drug laboratories.
(c) A definition of assessment, decontamination, and sampling for
purposes of this article;
(d) Procedures for the approval of persons to train consultants or
contractors in the assessment, decontamination, or sampling of illegal drug laboratories; and
(e) Procedures for contractors and consultants to issue certificates of
compliance to property owners upon completion of assessment, decontamination, and sampling of illegal drug laboratories to certify that the remediation of the property meets the clean-up standards established by the board under paragraph (a) of this subsection (1).
(2) The board shall establish fees for the following:
(a) Certification of persons involved in the assessment, decontamination, and
sampling of illegal drug laboratories;
(b) Monitoring of persons involved in the assessment, decontamination, and
sampling of illegal drug laboratories, if necessary to ensure compliance with this article; and
(c) Approval of persons involved in training for consultants or contractors
under paragraph (d) of subsection (1) of this section.
(3) The board shall adopt rules for determining administrative penalties for
violations of this article, based on the factors enumerated in section 25-18.5-107 (2)(g).
Source: L. 2004: Entire article added, p. 533, � 1, effective April 21. L. 2009:
Entire section amended, (SB 09-060), ch. 140, p. 600, � 2, effective April 20. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1565, � 1, effective August 7.
25-18.5-103. Discovery of illegal drug laboratory - property owner -
cleanup - liability. (1) (a) Upon notification from a peace officer that chemicals, equipment, or supplies of an illegal drug laboratory are located on a property, or when an illegal drug laboratory is otherwise discovered and the property owner has received notice, the owner of any contaminated property shall meet the clean-up standards for property established by the board in section 25-18.5-102; except that a property owner may, subject to paragraph (b) of this subsection (1), elect instead to demolish the contaminated property. If the owner elects to demolish the contaminated property, the governing body or, if none has been designated, the county, district, or municipal public health agency, building department, or law enforcement agency with jurisdiction over the property may require the owner to fence off the property or otherwise make it inaccessible for occupancy or intrusion.
(b) An owner of personal property within a structure or vehicle contaminated
by illegal drug laboratory activity has ten days after the date of discovery of the laboratory or contamination to remove or clean the property according to board rules and paragraph (c) of this subsection (1). If the personal property owner fails to remove the personal property within ten days, the owner of the structure or vehicle may dispose of the personal property during the clean-up process without liability to the owner of the personal property for the disposition.
(c) A person who removes personal property or debris from a drug laboratory
shall secure the property and debris to prevent theft or exposing another person to any toxic or hazardous chemicals until the property and debris is appropriately disposed of or cleaned according to board rules.
(2) (a) Except as specified in subsection (2)(b) of this section, once a property
owner has received certificates of compliance from a contractor and a consultant in accordance with section 25-18.5-102 (1)(e), or has demolished the property, or has met the clean-up standards and documentation requirements of this section as it existed before August 7, 2013, the property owner:
(I) Shall furnish copies of the certificates of compliance to the governing
body and the department; and
(II) Is immune from a suit brought by a current or future owner, renter,
occupant, or neighbor of the property for health-based civil actions that allege injury or loss arising from the illegal drug laboratory.
(b) A person convicted for the manufacture of methamphetamine or for
possession of chemicals, supplies, or equipment with intent to manufacture methamphetamine is not immune from suit.
(3) (Deleted by amendment, L. 2013.)
Source: L. 2004: Entire article added, p. 533, � 1, effective April 21. L. 2005:
Entire section amended, p. 1495, � 2, effective June 9. L. 2010: (1)(a) amended, (HB 10-1422), ch. 419, p. 2106, � 126, effective August 11. L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1566, � 1, effective August 7. L. 2023: IP(2)(a) and (2)(a)(I) amended, (SB 23-148), ch. 326, p. 1957, � 1, effective August 7.
25-18.5-104. Entry into illegal drug laboratories. (1) If a structure or vehicle
has been determined to be contaminated or if a governing body or law enforcement agency issues a notice of probable contamination, the owner of the structure or vehicle shall not permit any person to have access to the structure or vehicle unless:
(a) The person is trained or certified to handle contaminated property under
board rules or federal law; or
(b) The owner has received certificates of compliance under section 25-18.5-102 (1)(e).
Source: L. 2005: Entire section added, p. 1496, � 3, effective June 9. L. 2013:
Entire article amended, (SB 13-219), ch. 293, p. 1567, � 1, effective August 7.
25-18.5-105. Drug laboratories - governing body - authority. (1) Governing
bodies may declare an illegal drug laboratory that has not met the clean-up standards set by the board in section 25-18.5-102 a public health nuisance.
(2) Governing bodies may enact ordinances or resolutions to enforce this
article, including preventing unauthorized entry into contaminated property; requiring contaminated property to meet clean-up standards before it is occupied; notifying the public of contaminated property; coordinating services and sharing information between law enforcement, building, public health, and social services agencies and officials; and charging reasonable inspection and testing fees.
Source: L. 2005: Entire section added, p. 1496, � 3, effective June 9. L. 2013:
Entire article amended, (SB 13-219), ch. 293, p. 1567, � 1, effective August 7.
25-18.5-106. Powers and duties of department. (1) The department shall
implement, coordinate, and oversee the rules promulgated by the board in accordance with this article, including:
(a) The certification of persons involved in the assessment, decontamination,
or sampling of illegal drug laboratories;
(b) The approval of persons to train consultants and contractors in the
assessment, decontamination, or sampling of illegal drug laboratories.
(2) On and after January 1, 2024, the department shall create and make
available to the public an online database of any residential real property, as defined in section 38-35.7-103 (5), that has been used as an illegal drug laboratory involving methamphetamine. The department shall remove a residential real property from the database five years after the later date on the certificates of compliance issued by a contractor and a consultant in accordance with section 25-18.5-102 (1)(e). Each residential real property on the database must contain a field that is made available to the public and that records whether the property has a certificate of compliance issued pursuant to section 25-18.5-102 (1)(e).
Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, � 1,
effective August 7. L. 2023: (2) added, (SB 23-148), ch. 326, p. 1957, � 2, effective August 7.
25-18.5-107. Enforcement. (1) A person that violates any rule promulgated
by the board under section 25-18.5-102 is subject to an administrative penalty not to exceed fifteen thousand dollars per day per violation until the violation is corrected.
(2) (a) Whenever the department has reason to believe that a person has
violated any rule promulgated by the board under section 25-18.5-102, the department shall notify the person, specifying the rule alleged to have been violated and the facts alleged to constitute the violation.
(b) The department shall either:
(I) Send the notice by certified or registered mail, return receipt requested,
to the alleged violator's last-known address; or
(II) Personally serve the notice upon the alleged violator or the alleged
violator's agent.
(c) The alleged violator has thirty days following receipt of the notice to
submit a written response containing data, views, and arguments concerning the alleged violation and potential corrective actions.
(d) Within fifteen days after receiving notice of an alleged violation, the
alleged violator may request an informal conference with department personnel to discuss the alleged violation. The department shall hold the informal conference within the thirty days allowed for a written response.
(e) After consideration of any written response and informal conference, the
department shall issue a letter, within thirty days after the date of the informal conference or written response, whichever is later, affirming or dismissing the violation. If the department affirms the violation, the department shall issue an administrative order within one hundred eighty days after the time for a written response has expired. The administrative order must include any remaining corrective actions that the violator shall take and any administrative penalty that the department determines is appropriate.
(f) The department shall serve an administrative order under this article on
the person subject to the order by personal service or by registered mail, return receipt requested, at the person's last-known address. An order may be prohibitory or mandatory in effect. The order is effective immediately upon issuance unless otherwise provided in the order.
(g) In determining the amount of an administrative penalty, the department
shall consider the following factors:
(I) The seriousness of the violation;
(II) Whether the violation was intentional, reckless, or negligent;
(III) Any impact on, or threat to, the public health or environment as a result
of the violation;
(IV) The violator's degree of recalcitrance;
(V) Whether the violator has had a prior violation and, if so, the nature and
severity of the prior violation;
(VI) The economic benefit the violator received as a result of the violation;
(VII) Whether the violator voluntarily, timely, and completely disclosed the
violation before the department discovered it;
(VIII) Whether the violator fully and promptly cooperated with the
department following disclosure or discovery of the violation; and
(IX) Any other relevant aggravating or mitigating circumstances.
(3) If the department determines that a person has been grossly
noncompliant with the rules promulgated by the board under section 25-18.5-102, the department may:
(a) Suspend or revoke the person's certification for the assessment,
decontamination, or sampling of illegal drug laboratories; or
(b) Suspend or revoke the approval of a person to provide training for
consultants or contractors performing assessment, decontamination, or sampling of illegal drug laboratories.
Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1568, � 1,
effective August 7.
25-18.5-108. Illegal drug laboratory fund. The illegal drug laboratory fund
is hereby established in the state treasury. The department shall transfer the fees collected under section 25-18.5-102 (2) to the state treasurer who shall credit these fees to the fund. The general assembly shall appropriate the moneys in the fund for the implementation of this article. The treasurer shall credit to the fund all interest derived from the deposit and investment of moneys in the fund. The moneys in the fund stay in the fund at the end of the fiscal year and do not revert to the general fund or any other fund.
Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1570, � 1,
effective August 7.
25-18.5-109. Judicial review. The department's decisions are subject to
judicial review in accordance with section 24-4-106, C.R.S.
Source: L. 2013: Entire article amended, (SB 13-219), ch. 293, p. 1570, � 1,
effective August 7.
25-18.5-110. Reporting - rules. (1) Upon discovering an illegal drug
laboratory involving methamphetamine on a residential real property, as defined in section 38-35.7-103 (5), a law enforcement agency and a consultant shall notify the department of the fact. The notice must include the property's address, the name of the property owner, and any other information required by rule adopted pursuant to subsection (2) of this section.
(2) The board may adopt rules as necessary to specify any additional
information that must be included in the notice required by subsection (1) of this section.
Source: L. 2023: Entire section added, (SB 23-148), ch. 326, p. 1958, � 3,
effective August 7.
ARTICLE 18.7
Industrial Hemp Remediation Pilot Program
25-18.7-101 to 25-18.7-105. (Repealed)
Source: L. 2013: Entire article repealed, (SB 13-241), ch. 342, p. 1997, � 2,
effective May 28.
Editor's note: This article was added in 2012 and was not amended prior to its
repeal in 2013. For the text of this article prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article was relocated to article 61 of title 35. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
ARTICLE 18.9
Disposable Wipes
25-18.9-101. Legislative declaration. (1) The general assembly hereby finds
and declares that:
(a) Over the past several years, consumer demand for premoistened,
disposable wipe products, including baby wipes, surface cleaning wipes, hand sanitizing wipes, and makeup removal wipes, has significantly increased;
(b) These wipe products are composed, entirely or in part, of petrochemical-derived fibers that were never designed to be flushed down toilets;
(c) Consumer confusion has resulted in millions of these nonflushable wipes
being improperly disposed of by being flushed down toilets;
(d) Wipes that were not designed to be flushed do not break down like toilet
paper, so when improperly disposed of in toilets, the wipes often cause sewer blockage and overflow, clog pipes and mechanical equipment, release plastic materials and wastewater into waterways, and block private drain lines, which can result in flooded homes and businesses;
(e) The National Association of Clean Water Agencies has determined that
United States municipalities and wastewater treatment providers incur costs in excess of one billion dollars annually on maintenance to remove clogs caused by wipes; and
(f) Clear Do Not Flush labeling on the packages for wipes that are not
designed to be flushed is a critical step in helping consumers practice responsible flushing habits, which in turn leads to healthier homes and communities and the protection of the environment, waterways, and public infrastructure used for the collection, transport, and treatment of wastewater.
Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 222, � 1,
effective August 7.
25-18.9-102. Definitions. As used in this article 18.9:
(1) Covered entity means:
(a) The manufacturer of a covered product that is sold or offered for sale in
this state; and
(b) A wholesaler, supplier, or retailer that is responsible for the labeling or
packaging of a covered product.
(2) Covered product means a consumer product sold or offered for sale in
this state that is:
(a) A premoistened, nonwoven disposable wipe marketed as a baby wipe or
diapering wipe; or
(b) A premoistened, nonwoven disposable wipe that is:
(I) Composed entirely of or in part of petrochemical-derived fibers; and
(II) Likely to be used in a bathroom with significant potential to be flushed,
including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial cleansing wipes, makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes.
(3) High contrast means:
(a) Tonal contrast that is shown by either a light symbol on a solid dark
background or a dark symbol on a solid light background; and
(b) Having at least seventy percent contrast between the symbol artwork
and background using the formula [(B1- B2) � B1] x 100, where:
(I) B1 is the light reflectance value of the relatively lighter area; and
(II) B2 is the light reflectance value of the relatively darker area.
(4) Label means a representation made by statement, word, picture,
design, or emblem on a covered product package, whether affixed to or written directly on the package.
(5) Label notice means:
(a) The phrase Do Not Flush in a size equal to at least two percent of the
surface area of the principal display panel;
(b) For covered products regulated pursuant to the Federal Hazardous
Substances Act, 15 U.S.C. sec. 1261 et seq., as amended, by the federal consumer product safety commission under 16 CFR 1500.121, that if at least two percent of the surface area of the principal display panel would result in a type size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, then, to the extent permitted by federal law, the phrase Do Not Flush in type size equal to or greater than the type size required for the first aid instructions; and
(c) For covered products required to be registered by the federal
environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, that if at least two percent of the surface area of the principal display panel would result in a type size on the principal display panel larger than a warning pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, then, to the extent permitted by federal law, the phrase Do Not Flush in a type size equal to or greater than the type size required for the Keep Out of Reach of Children statement required under 40 CFR 156.66.
(6) Principal display panel means the side of a product package that is
most likely to be displayed, presented, or shown under customary conditions of display for retail sale.
(7) Symbol means the Do Not Flush symbol, or a symbol that is
equivalent, as depicted in the INDA/EDANA Code of Practice Second Edition and published within Guidelines for Assessing the Flushability of Disposable Nonwoven Products, Edition 4, May 2018, which is in a size equal to at least two percent of the surface area of the principal display panel, except as specified in section 25-18.9-104 (1)(a)(II)(C).
Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 223, � 1,
effective August 7.
25-18.9-103. Determination of surface area of a principal display panel. (1)
For a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes forty percent of the product package as measured by multiplying the height of the container by the circumference.
(2) For a flexible film package in which a rectangular prism or nearly
rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel is measured by multiplying the length by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.
Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 224, � 1,
effective August 7.
25-18.9-104. Labeling requirements - exceptions. (1) Except as provided in
subsections (2), (3), (4), and (6) of this section, a covered product manufactured on or after December 31, 2023, shall be labeled clearly in adherence to the following requirements:
(a) For cylindrical or near cylindrical packaging intended to dispense
individual wipes, a covered entity shall:
(I) Place the symbol and label notice on the principal display panel in a
location reasonably viewable each time a wipe is dispensed; or
(II) Place the symbol on the principal display panel and either the symbol or
label notice, or the symbol and label notice in combination, on the flip lid, subject to the following:
(A) If the label notice does not appear on the flip lid, the label notice shall be
placed on the principal display panel;
(B) The symbol or label notice, or the symbol and label notice in combination,
on the flip lid may be embossed, and in that case are not required to comply with subsection (1)(f) of this section; and
(C) The symbol or label notice, or the symbol and label notice in combination,
on the flip lid must cover a minimum of eight percent of the surface area of the flip lid.
(b) (I) For flexible film packaging intended to dispense individual wipes, a
covered entity shall:
(A) Place the symbol on both the principal display panel and the dispensing
side panel; and
(B) Place the label notice on either the principal display panel or dispensing
side panel in a prominent location reasonably visible to the user each time a wipe is dispensed.
(II) If the principal display panel is on the dispensing side of the package, two
symbols are not required.
(c) For refillable tubs or other rigid packaging intended to dispense
individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed.
(d) For packaging not intended to dispense individual wipes, a covered entity
shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location.
(e) A covered entity shall ensure that the packaging seams, folds, or other
package design elements do not obscure the symbol or the label notice.
(f) A covered entity shall ensure that the symbol and label notice have
sufficiently high contrast with the immediate background of the packaging to render the symbol and label notice likely to be seen and read by an ordinary individual under customary conditions of purchase and use.
(2) For covered products sold in bulk at retail, both the outer package visible
at retail and the individual packages contained within must comply with the labeling requirements in this section applicable to the particular packaging types, except for:
(a) Individual packages contained within the outer package that are not
intended to dispense individual wipes and contain no retail labeling; and
(b) Outer packages that do not obscure the symbol and label notice on
individual packages contained within.
(3) If a covered product is provided within the same packaging as another
consumer product for use in combination with the other consumer product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subsection (1) of this section.
(4) If a covered product is provided within the same package as another
consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity responsible for the labeling or packaging of the covered product may comply with the requirements of subsection (1) of this section by placing the symbol and label notice in a prominent location reasonably visible to the user of the covered product.
(5) A covered entity, directly or through a corporation, partnership,
subsidiary, division, trade name, or association in connection with the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.
(6) (a) If a covered product is required to be registered by the federal
environmental protection agency under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, and, to the extent not preempted by 7 U.S.C. sec. 136v (b), by the Colorado department of agriculture under the Pesticide Act, article 9 of title 35, then the covered entity, to the extent permitted under federal law, shall submit a label compliant with the labeling requirements of this section no later than December 31, 2023, to the federal environmental protection agency and, upon its approval, to the department of agriculture, which shall review the label of the covered product in the manner authorized under the Pesticide Act, article 9 of title 35, and administrative rules adopted under the Pesticide Act, article 9 of title 35.
(b) If the federal environmental protection agency or the Colorado
department of agriculture does not approve a product label that otherwise complies with the labeling requirements of this section, the covered entity shall use a label that complies with as many of the requirements of this section as the relevant agency has approved.
(7) A covered entity may include on a covered product words or phrases in
addition to those required for the label notice if the words or phrases are consistent with the purposes of this section.
Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 225, � 1,
effective August 7.
25-18.9-105. Enforcement. A person that, in the course of the person's
business, vocation, or occupation, violates section 25-18.9-104 commits a deceptive trade practice under the Colorado Consumer Protection Act, article 1 of title 6.
Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 227, � 1,
effective August 7.
ENVIRONMENT - SMALL COMMUNITIES
ARTICLE 19
Small Community Environmental Flexibility Act
Law reviews: For article, Using Local Police Powers to Protect the
Environment, see 24 Colo. Law. 1063 (1995).
C.R.S. § 25-17-403
25-17-403. Definitions. As used in this part 4, unless the context otherwise requires:
(1) (a) Architectural paint means an interior or exterior architectural
coating sold in a container of five gallons or less.
(b) Architectural paint does not include industrial, original equipment
manufacturer, or specialty coatings as those terms are defined by the commission by rule.
(2) Commission means the solid and hazardous waste commission created
in section 25-15-302.
(3) Curbside service means a waste collection, recycling, and disposal
service that provides pickup of covered architectural paint from residences, including single- and multi-family dwelling units, and small businesses in quantities that a residence or small business would reasonably generate.
(4) Department means the department of public health and environment
created in section 24-1-119, C.R.S.
(5) Distributor means a person who has a contractual relationship with one
or more producers to market and sell architectural paint to retailers.
(6) Energy recovery means a process by which all or part of architectural
paint materials are processed in order to use the heat content or another form of energy from the materials.
(7) Environmentally sound management practices means policies that a
producer or a stewardship organization implements to ensure compliance with all applicable environmental laws, including laws addressing:
(a) Record keeping;
(b) Tracking and documenting the disposal of architectural paint within and
outside the state; and
(c) Environmental liability coverage for professional services and contractor
operations.
(8) Executive director means the executive director of the department or
the executive director's designee.
(9) Paint stewardship assessment means an amount that a producer
participating in a paint stewardship program adds to the purchase price of a container of architectural paint sold in Colorado that covers the cost of collecting, transporting, and processing postconsumer architectural paint statewide.
(10) Paint stewardship program means a program created in accordance
with section 25-17-405.
(11) Postconsumer architectural paint means unused architectural paint
that the purchaser of the paint no longer wants.
(12) Producer means an original producer of architectural paint that sells,
offers for sale, or distributes architectural paint within or into Colorado under either the producer's own name or a brand that the producer manufactures.
(13) Recycling means a process that transforms discarded products,
components, or by-products into new usable or marketable materials that may involve a change in the product's identity. Recycling does not mean energy recovery or energy generation by means of combusting discarded products, components, or by-products with or without other waste products.
(14) Retailer means a person that sells or offers for sale architectural paint
within or into Colorado.
(15) Reuse means the return of a product that has already been used into
the marketplace for use in the same manner as originally intended without a change in the product's identity.
(16) Sell means to transfer title for consideration, including remote sales
conducted through sales outlets, catalogs, or online. Sell does not include sales or donations of architectural paint in the original container for reuse.
(17) Stewardship organization means a corporation, nonprofit organization,
or other legal entity created or contracted by one or more producers to implement a paint stewardship program.
Source: L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1865, � 1,
effective August 6.
C.R.S. § 25-17-404
25-17-404. Paint stewardship program plan - assessment - rules - fees. (1) Effective July 1, 2015, no producer shall sell, offer for sale, or distribute architectural paint in Colorado unless the producer is implementing or participating in a paint stewardship program approved by the executive director. The executive director may approve an earlier start date as part of his or her approval of a paint stewardship program plan submitted in accordance with subsection (2) of this section. A paint stewardship program must commence within ninety days after the executive director's approval of the paint stewardship program plan.
(2) One or more producers, or a stewardship organization contracted by one
or more producers, shall submit for approval a paint stewardship program plan to the executive director by January 1, 2015. To be approved, a paint stewardship program plan must:
(a) Identify the following:
(I) A list of each producer participating in the program;
(II) The contact information for the producer or stewardship organization
implementing the program; and
(III) A list of all brands covered by the program;
(b) Describe the manner in which the program will collect, transport, reuse,
recycle, and process postconsumer architectural paint, including a description of the following:
(I) Energy recovery and disposal; and
(II) Standards to ensure the use of environmentally sound management
practices, including collection standards;
(c) Describe the manner in which the program will collect postconsumer
architectural paint. At a minimum, a program plan must establish collection practices that:
(I) Provide convenient collection sites throughout the state;
(II) To ensure adequate collection coverage, use demographic and
geographic information modeling to determine the number and distribution of collection sites based on the following criteria:
(A) At least ninety percent of Colorado residents must have a permanent
collection site within a fifteen-mile radius of their homes;
(B) An additional permanent site must be provided for every thirty thousand
residents of an urbanized area, as defined by the United States census bureau, and distributed in a manner that provides convenient and reasonably equitable access for residents within each urbanized area, unless the executive director approves otherwise; and
(C) For the portion of Colorado residents who will not have a permanent
collection site within a fifteen-mile radius of their homes, the plan must provide collection events at least once per year; and
(III) Include specific information on how to serve geographically isolated
populations and a proposal for how to measure and report service to those populations. This information must include a description of how the program will work with existing recyclers and local governments that wish to continue to be involved in paint recycling and collection.
(d) Notwithstanding the requirements of subparagraphs (I) and (II) of
paragraph (c) of this subsection (2), the plan may, in lieu of providing collection sites for a specified geographic area or population, identify an available curbside service that provides access to residents that is at least as convenient and equitably accessible as a collection site;
(e) Describe how the paint stewardship program will incorporate and fairly
compensate service providers for activities that may include:
(I) For services such as permanent collection sites, collection events, or
curbside services, the coverage of costs for collecting postconsumer architectural paint and architectural paint containers;
(II) The reuse or processing of postconsumer architectural paint at a
permanent collection site; and
(III) The transportation, recycling, and proper disposal of postconsumer
architectural paint;
(f) Provide a list of the names, locations, and hours of operation for facilities
accepting postconsumer architectural paint for recycling under the program;
(g) Identify one or more designated persons responsible for:
(I) Ensuring the program's compliance with this part 4 and the rules
promulgated under this part 4; and
(II) Serving as a contact person for the department with respect to the paint
stewardship program;
(h) Describe the manner in which the program will achieve the following
goals:
(I) Reducing the generation of postconsumer architectural paint;
(II) Promoting the reuse of postconsumer architectural paint; and
(III) Using best practices that are both environmentally and economically
sound to manage postconsumer architectural paint. These practices should follow a waste handling hierarchy, which provides a preference for source reduction, then reuse, followed by recycling, energy recovery, and finally waste disposal.
(i) Include an education and outreach program that must:
(I) Target consumers, painting contractors, and paint retailers;
(II) Reach all architectural paint markets served by the participating
producers; and
(III) Include a methodology for evaluating the effectiveness of the education
and outreach program on an annual basis, including methods for determining the percentage of consumers, painting contractors, and retailers who are aware of:
(A) Ways to reduce the generation of postconsumer architectural paint; and
(B) Opportunities available for the reuse and recycling of postconsumer
architectural paint;
(j) (I) Demonstrate sufficient funding for the architectural paint stewardship
program described in the plan through the imposition of a paint stewardship assessment that each producer shall charge retailers and distributors for each container of the producer's architectural paint sold in Colorado. Each producer shall remit the paint stewardship assessments collected to the paint stewardship program. Each retailer and distributor shall add the amount of the paint stewardship assessment to the purchase price of a container of the producer's architectural paint sold in Colorado. The paint stewardship program must not impose any fees on customers for the collection of post-consumer architectural paint.
(II) To ensure that a paint stewardship program's funding mechanism is
equitable and sustainable, the funding mechanism must:
(A) Provide a uniform paint stewardship assessment that does not exceed
the amount necessary to recover program costs; and
(B) Require that any funds generated by the aggregate amount of fees
charged to consumers be placed back into the program.
(k) Include a proposed budget and a description of the process used to
determine the paint stewardship assessment required by paragraph (j) of this subsection (2).
(3) (a) The executive director shall review a paint stewardship program plan
submitted in accordance with subsection (2) of this section for compliance with this part 4, including a review of the proposed paint stewardship assessment required by paragraph (j) of subsection (2) of this section, to ensure that the paint stewardship assessment does not exceed an amount necessary to recover program costs. The executive director shall approve or reject a plan in writing within ninety days after receipt of the plan. If a plan meets the criteria of subsection (2) of this section, the executive director shall approve the plan. If the executive director rejects a plan, the executive director shall include in the written rejection the reason or reasons for rejecting the plan.
(b) (I) If the executive director approves a paint stewardship program plan,
the executive director shall add:
(A) The producer or group of producers participating in the paint
stewardship program plan to a list of producers participating in an approved paint stewardship program plan; and
(B) The brands being sold by the producer or group of producers to a list of
brands included in an approved paint stewardship program plan.
(II) The executive director shall publish the lists on the department's
website, and he or she shall update the published lists as necessary.
(c) The executive director's rejection of a paint stewardship program plan
constitutes a final agency action that may be appealed in accordance with the procedures set forth in section 24-4-106, C.R.S.
(d) If the executive director's decision to reject a paint stewardship program
plan is not appealed pursuant to section 24-4-106, C.R.S., or the executive director prevails on appeal, the producer, group of producers, or stewardship organization that submitted the paint stewardship program plan must submit a revised plan within ninety days after the date on which the executive director's decision was affirmed or, if no appeal was pursued, the date on which the time for appeal expired. The revised plan must provide the information required by subsection (2) of this section. The executive director shall approve or reject a revised plan under the procedure set forth in paragraph (a) of this subsection (3). The executive director's rejection of a revised plan may be appealed in accordance with section 24-4-106, C.R.S.
(4) When submitting a paint stewardship program plan, a revised plan, or an
annual report, as required by section 25-17-405, one or more producers or a stewardship organization contracted by one or more producers shall pay a paint stewardship program plan fee, revised plan fee, or annual report fee in an amount that the commission has established or adjusted by rule. In establishing or adjusting a fee by rule, the commission shall consult with the executive director and, as needed, with an association of producers.
(5) The aggregate amount of fees charged to consumers pursuant to this
section shall be in an amount not to exceed the actual cost of the program.
Source: L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1866, � 1,
effective August 6.
C.R.S. § 25-17-405
25-17-405. Paint stewardship program requirements - annual reports - customer information. (1) A paint stewardship program must be financed and either managed or contracted by a producer or group of producers. The program must be implemented statewide and include:
(a) The collection, transportation, reuse, recycling, and disposal of
postconsumer architectural paint; and
(b) Initiatives to reduce the generation of postconsumer architectural paint.
(2) A paint stewardship program shall comply with any fire, hazardous waste,
or other relevant ordinances or resolutions adopted by a local government.
(3) (a) On or after March 31 of the second year of a paint stewardship
program's implementation, and annually thereafter, one or more participating producers, or a stewardship organization contracted by one or more producers, shall submit a report to the executive director describing the progress of the paint stewardship program. The paint stewardship program report must include the following information from the preceding calendar year:
(I) A description of the method or methods used to reduce, reuse, collect,
transport, recycle, and process postconsumer architectural paint;
(II) The total volume, in gallons, and type of postconsumer architectural
paint collected, with the data broken down by:
(A) Collection site; and
(B) Method of waste handling used to handle the collected postconsumer
architectural paint, such as reuse, recycling, energy recovery, or waste disposal;
(III) The total volume, in gallons, of postconsumer architectural paint sold in
Colorado by the producer or producers participating in the paint stewardship program;
(IV) For the education and outreach program implemented in compliance
with section 25-17-404 (2)(i):
(A) Samples of any materials distributed; and
(B) A description of the methodology used and the results of the evaluation
conducted pursuant to section 25-17-404 (2)(i)(III). The results must include the percentage of consumers, painting contractors, and retailers made aware of the ways to reduce the generation of postconsumer architectural paint, available opportunities for reuse of postconsumer architectural paint, and collection options for postconsumer architectural paint recycling.
(V) The name, location, and hours of operation of each facility added to or
removed from the list developed in accordance with section 25-17-404 (2)(f);
(VI) Any proposed changes to the paint stewardship program plan. The
executive director shall review any proposed changes set forth in the annual report in accordance with the review procedures for a revised plan, as set forth in section 25-17-404 (3).
(VII) A copy of an independent third party's report auditing the paint
stewardship program. The audit must include a detailed list of the program's costs and revenues.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the executive director shall
annually compile the results of the reports received pursuant to subsection (3)(a) of this section into a general report describing the progress of the paint stewardship programs. The executive director shall annually present the report to the health and human services committee of the senate and the public health care and human services committee of the house of representatives, or their successor committees.
(4) As part of the education and outreach program set forth in section 25-17-404 (2)(i), a producer shall distribute paint stewardship program information to all
retailers offering the producer's architectural paint for sale. The information may include the following:
(a) Signage that is prominently displayed and easily visible to the consumer;
(b) Written materials that may be provided to the consumer at the time of
purchase or delivery or both and templates of those materials for reproduction by the retailer; and
(c) Promotional materials including advertising materials that reference the
architectural paint stewardship program.
Source: L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1870, � 1, effective
August 6. L. 2017: (3)(b) amended, (SB 17-056), ch. 33, p. 94, � 9, effective March 16.
C.R.S. § 25-17-703
25-17-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Additional producer responsibility organization means a nonprofit
organization designated by the department as an additional producer responsibility organization pursuant to section 25-17-708 (2)(b).
(2) Advisory board means the producer responsibility program for
statewide recycling advisory board created in section 25-17-704 (1).
(3) Amended plan proposal means an amended plan proposal for the
implementation of the program submitted to the advisory board after the advisory board's initial review of the plan proposal in accordance with section 25-17-705 (5).
(4) Collection means the gathering and transportation of covered materials
from covered entities for the purpose of recycling.
(5) Collection rate means the weight of covered materials that are
collected under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage.
(6) Commission means the solid and hazardous waste commission created
under section 25-15-302 (1)(a).
(7) Compost means the material or product that is developed under
controlled conditions and that results from biological degradation processes by which organic wastes decompose.
(8) (a) Compost facility means a site where compost is produced.
(b) Compost facility includes only those compost facilities that readily
accept and process packaging material collected from consumers.
(9) Compostable means a covered material associated with organic waste
streams that is capable of undergoing aerobic biological decomposition in a controlled composting system as demonstrated by meeting ASTM D6400 or ASTM D6868, or any successor standards.
(10) Consumer means any person who purchases or receives covered
materials in the state and is located at a covered entity.
(11) Convenience standards means the standards for the program as
described in section 25-17-706 (3).
(12) Covered entity means the following locations in the state from which
covered materials are collected:
(a) All single-family or multifamily residences in the state; and
(b) Nonresidential locations identified in the final plan, including public
places; small businesses; schools, as defined in section 22-1-132 (2)(c); hospitality locations; and state and local government buildings.
(13) (a) Covered materials includes:
(I) Packaging material, except as specified in subsection (13)(b) of this
section; and
(II) Paper products, except as specified in subsection (13)(b) of this section.
(b) Covered materials does not include:
(I) Packaging materials intended to be used for the long-term storage or
protection of a durable product and that are intended to transport, protect, or store the product for at least five years;
(II) Paper products that, through their use, could become unsafe or
unsanitary to handle;
(III) Printed paper used to distribute financial statements, billing statements,
medical documents, or other vital documents required to be provided in paper form by applicable consumer protections laws or other state or federal laws;
(IV) Bound books;
(V) Beverage containers subject to a returnable container deposit, if
applicable;
(VI) Packaging material used exclusively in industrial or manufacturing
processes;
(VII) Packaging material used to contain a product that is regulated as a
drug, medical device, or dietary supplement by the federal food and drug administration under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. sec. 301 et seq., as amended, or any federal regulation promulgated under the act, or any equipment and materials used to manufacture such products;
(VIII) Packaging material used to contain a product that is regulated as
animal biologics, including vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin under the federal Virus-Serum-Toxin Act, 21 U.S.C. sec. 151 et seq., as amended;
(IX) Packaging material used to contain a product that is regulated under the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended;
(X) Packaging material used to contain architectural paint covered under a
paint stewardship program in accordance with part 4 of this article 17;
(XI) Packaging material used to contain a product that is required under
state law to be sold in packaging material that meets the standards set forth in the Poison Prevention Packaging Act of 1970, 15 U.S.C. sec. 1471 et seq., as amended;
(XII) Packaging material used to contain a portable electronic device, as
defined in section 10-4-1501, that has been repaired and reconditioned to be sold as a refurbished product;
(XIII) Paper products used for a print publication that primarily includes
content derived from primary sources related to news and current events;
(XIV) Packaging material used to contain a product that is regulated as
infant formula, as defined in 21 U.S.C. sec. 321 (z), as a medical food, as defined in 21 U.S.C. sec. 360ee (b)(3), or as fortified nutritional supplements used for individuals who require supplemental or sole source nutrition to meet nutritional needs due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive, as those terms are defined by the World Health Organization's International Classification of Diseases (tenth revision), as amended or revised, or any other medical conditions as determined by the commission by rule; and
(XV) Any other material that, based on an analysis by the organization of the
operational and financial impacts of the proposed changes and after consultation with the advisory board, the commission determines by rule to not be a covered material.
(14) Department means the department of public health and environment
created in section 24-1-119.
(15) Environmentally sound management practices means policies that
ensure compliance with all applicable environmental laws, including laws addressing:
(a) Record keeping;
(b) Tracking and documenting the disposition of covered materials collected
from covered entities; and
(c) Environmental liability coverage for professional services and contractor
operations.
(16) Executive director means the executive director of the department or
the executive director's designee.
(17) Final plan means the plan proposal or amended plan proposal that has
been designated as the final plan by the executive director pursuant to section 25-17-705 (5)(c)(I).
(18) Front range means the counties of Adams, Arapahoe, Boulder,
Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver.
(19) Local government means a home rule or statutory county,
municipality, or city and county.
(20) Materials recovery facility means a facility for processing covered
materials that are collected for recycling before they are conveyed to end-market businesses.
(21) Mechanical recycling means a form of recycling that does not change
the basic molecular structure of the material being recycled.
(22) Minimum recyclable list means the list of covered materials developed
under section 25-17-706 (1)(a).
(23) Needs assessment means the assessment of the state's recycling
needs conducted pursuant to section 25-17-705 (3).
(24) Nonprofit organization means a tax-exempt charitable or social
welfare organization operating under 26 U.S.C. sec. 501 (c)(3) or 501 (c)(4) of the federal Internal Revenue Code of 1986, as amended.
(25) (a) (I) Packaging material means any material, regardless of
recyclability, that is intended for single or short-term use and is used for the containment, protection, handling, or delivery of products to the consumer at the point of sale, including through an internet transaction.
(II) Packaging material includes products supplied to or purchased by
consumers for the express purpose of facilitating food or beverage consumption and that are:
(A) Ordinarily disposed of after a single or short-term use; and
(B) Not designed for reuse or refill.
(III) Packaging material includes paper, plastic, glass, metal, cartons,
flexible foam, rigid packaging, or other materials or combination of these materials.
(b) Packaging material does not include:
(I) Packaging materials used solely in transportation or distribution to
nonconsumers;
(II) Packaging materials used solely in business-to-business transactions
where a covered material is not intended to be distributed to the end consumer;
(III) Packaging materials that are not sold or distributed to covered entities;
or
(IV) Packaging materials that are used for products sold or distributed
outside the state.
(26) Paper products means paper and other cellulosic fibers, whether or
not they are used as a medium for text or images, including:
(a) Flyers;
(b) Brochures;
(c) Booklets;
(d) Catalogs;
(e) Telephone directories;
(f) Newspapers;
(g) Magazines; and
(h) Paper used for writing or any other purpose.
(27) Plan proposal means the plan proposal for the implementation of the
program submitted to the advisory board in accordance with section 25-17-705 (4).
(28) Postconsumer-recycled-content rate means the amount of
postconsumer recycled materials used in the production of covered materials in a calendar year divided by the amount of covered materials used for products sold or distributed by producers within or into their United States market territory in the same calendar year, expressed as a percentage.
(29) (a) Postconsumer recycled material means only those covered
materials that have served their intended end use as consumer items and that have been separated or diverted from the waste stream for the purposes of collection and recycling as a secondary material feedstock.
(b) Postconsumer recycled material includes returns of material from the
distribution chain.
(c) Postconsumer recycled material does not include waste material
generated during or after the completion of a manufacturing process.
(30) Producer means:
(a) (I) If the product is sold or distributed in the state using packaging
materials under the manufacturer's own brand or is sold or distributed in the state using packaging materials that lack identification of a brand, the person that manufactures the product;
(II) If the product is manufactured by a person other than the brand owner,
the person that is the licensee of a brand or trademark under which a packaged item is sold or distributed in the state, whether or not the trademark is registered in the state; or
(III) If there is no person described in subsection (30)(a)(I) or (30)(a)(II) of this
section within the United States, the person that imports the product using covered materials into the United States for use in a commercial enterprise that sells or distributes the item in the state;
(b) For the purposes of products that are sold or distributed in the state
through an internet transaction:
(I) The producer of the packaging material used to directly protect or contain
the product; and
(II) For the purposes of packaging material used to ship a product to a
consumer, the person that packages or ships the product to the consumer;
(c) For the purposes of a paper product that is a magazine, newspaper,
catalog, telephone directory, or similar publication, the publisher of the paper product;
(d) For the purposes of paper products not described in subsection (30)(c) of
this section:
(I) The person that manufactures the paper product under the
manufacturer's own brand; or
(II) If the paper product is manufactured by a person other than the brand
owner, the person that is the owner or licensee of the brand or trademark under which the paper product is used in a commercial enterprise, sold, or distributed in or into the state, whether or not the trademark is registered in the state; or
(e) For any other covered material, the person that first distributes the
covered material in or into the state.
(31) Producer responsibility dues means the amounts established in section
25-17-705 (4)(i)(II) that a producer participating in the program pays annually into the program pursuant to section 25-17-709 (1).
(32) Producer responsibility organization or organization means the
nonprofit organization designated to implement the program pursuant to section 25-17-705 (1)(b)(II).
(33) Producer responsibility program for statewide recycling or program
means the producer responsibility program for statewide recycling created in accordance with section 25-17-705.
(34) Proprietary information means information that, if made public:
(a) Would divulge competitive business information or trade secrets of the
entity that developed the information; or
(b) Would reasonably hinder the entity's competitive advantage in the
market.
(35) (a) Public place means an indoor or outdoor location in the state that is
open to and generally used by the public.
(b) Public place includes streets; sidewalks; plazas; town squares; state-owned or local-government-owned parks, beaches, and forests; other state-owned
or local-government-owned land open for recreation or other public uses; and transportation facilities, including bus and train stations and airports.
(c) Public place does not include industrial, commercial, or privately owned
property.
(36) Readily recyclable material means a covered material that is included
on the minimum recyclable list.
(37) (a) Recycling means the reprocessing, by means of a manufacturing
process, of a used material into a product or a secondary raw material.
(b) Recycling does not include:
(I) Energy recovery or energy generation by means of combustion;
(II) Use as a fuel;
(III) Use as alternative daily cover as defined in section 30-20-1402 (1); or
(IV) Landfill disposal of discarded covered materials.
(38) (a) Recycling rate means the weight of covered materials that are
recycled under the program in a calendar year divided by the weight of covered materials used for products sold or distributed by producers within or into the state in the same calendar year, expressed as a percentage.
(b) The recycling rate is measured at the point where collected covered
materials have been prepared for sale or delivery to material reclaimers or end markets after processing at a materials recovery facility or similar establishment that sells directly to reclaimers or end markets.
(39) (a) Recycling services means services provided for the recycling of
covered materials, including the collection, transportation, and processing of covered materials from the consumer to the end market.
(b) Recycling services includes curbside services and drop-off centers.
(40) Recycling services costs means the costs of recycling programs to
provide recycling services, including applicable costs related to:
(a) The administration of recycling programs;
(b) Capital improvements to recycling programs;
(c) The collection, transportation, sorting, and processing of covered
materials;
(d) Public education about recycling programs; and
(e) Disposal of nonrecyclable collected covered materials.
(41) Responsible end market means a materials market in which the
recycling of materials or the disposal of contaminants is conducted in a way that:
(a) Benefits the environment; and
(b) Minimizes risks to public health and worker health and safety.
(42) Retailer means a person that sells to consumers within or into the
state, including sales made through an internet transaction, products for which covered materials are used.
(43) Reuse or refill means the return into the marketplace of a covered
material that:
(a) Has already been used in the same manner as originally intended without
a change in the covered material's purpose; and
(b) Was intended to be used for its original purpose at least five times.
(44) Service provider means a public or private entity, other than the
producer responsibility organization, that provides recycling services in the state.
Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2391, � 1,
effective August 10. L. 2024: (20) amended, (HB 24-1449), ch. 192, p. 1130, � 7, effective July 1.
C.R.S. § 25-17-713
25-17-713. Producer exemptions - rules. (1) A producer is exempt from the requirements of this part 7 if the producer is:
(a) A person with less than five million dollars in realized gross total revenue,
not including on-premises alcohol sales, during the prior calendar year;
(b) A person that has used less than one ton of covered materials for
products sold or distributed within or into the state during the prior calendar year;
(c) The state or a local government;
(d) A nonprofit organization;
(e) An agricultural employer, as defined in section 8-3-104 (1), regardless of
where the agricultural employer is located, with less than five million dollars in realized gross total revenue in the state from consumer sales of agricultural products sold under the brand name of the farmer, egg producer, grower, or individual grower cooperative;
(f) An individual business operating a retail food establishment that is
located at a physical business location and that is licensed under section 25-4-1607 (1)(a) or section 32-106.5 (1) to section 32-106.5 (5) of the Denver code of ordinances; or
(g) A builder, a construction company, or construction contractors.
(2) The commission shall adjust by rule the dollar limitation set forth in
subsection (1)(a) of this section on July 1, 2023, and on July 1 of each year thereafter, based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2422, � 1,
effective August 10.
C.R.S. § 25-27-114
25-27-114. Direct care workers in assisted living residences - training - portability - rules. (1) (a) If an operator of an assisted living residence provides or pays for a portable test for a direct care worker or for qualified medication administration personnel employed by the assisted living residence, the operator shall make the results of the test available to the direct care worker or qualified medication administration personnel upon completion of the test.
(b) If, upon hire by an assisted living residence, a new employee provides
proof of completion of a portable test, the operator of the assisted living residence may determine that the individual has satisfied related testing requirements or require the individual to complete new testing.
(c) The results of a tuberculosis test may be accepted for purposes of new
employment records if presented to the new employer within two years after the testing date. Notwithstanding any provision of this section, the department may require additional testing as determined through administrative action, notice, rule, or state law.
(2) If an operator of an assisted living residence provides or pays for portable
training for a direct care worker or qualified medication administration personnel employed by the operator, upon completion of the portable training, the operator or the entity that provides the portable training shall provide the individual who completes the portable training with a certificate of completion. The certificate of completion must include:
(a) The portable topic covered;
(b) The date of the portable training;
(c) The individual or entity that provided the portable training;
(d) Documentation of competency in the specific portable topic of the
portable training; and
(e) Additional elements as determined by rule.
(3) (a) If, upon hire by an assisted living residence, a new direct care worker
provides proof of completion of portable training, the assisted living residence shall ensure, in a form and manner determined by the operator, that the direct care worker has satisfied the related portable training requirements in order to ensure that each direct care worker can safely carry out the duties and responsibilities for the care and provision of services to residents.
(b) In addition to portable training, the operator of an assisted living
residence shall ensure that each direct care worker receives any training required by rules adopted by the state board, or as set forth in state law, within the timelines set by state law or rule.
(4) The state board shall accept proof of a portable test or a certificate for
portable training that is deemed sufficient by an assisted living residence operator as proof of completion of a portable test or portable training. The state board may, but is not required to, promulgate rules to define other portable tests or portable trainings as portable.
(5) If an assisted living residence operator accepts proof of portable training
conducted by another entity, the assisted living residence operator shall ensure competency in a form and manner to be determined by the operator in order to ensure prior education and portable training are sufficient for the direct care worker to safely carry out the direct care worker's duties and responsibilities. An assisted living residence that currently employs a direct care worker is liable for any acts or omissions by the direct care worker employee that are directly related to the employee's previous portable training and the acceptance of the certification of completion of that training by the assisted living residence.
Source: L. 2024: Entire section added, (SB 24-167), ch. 447, p. 3122, � 2,
effective January 1, 2025.
ARTICLE 27.5
Home Care Agencies
25-27.5-101. Legislative declaration. (1) In order to promote the public
health and welfare of the people of Colorado, it is declared to be in the public interest to establish minimum standards and rules for home care agencies in the state of Colorado and to provide the authority for the administration and enforcement of such minimum standards and rules. These standards and rules shall be sufficient to assure the health, safety, and welfare of home care consumers.
(2) The general assembly further finds that the department of public health
and environment, as the executive branch agency assigned to administer and enforce minimum standards for home care agencies, should explore whether risk-based inspections may be implemented to allocate resources more effectively and at the same time adequately protect the health and safety of the home care consumers. Risk shall be evaluated based on the home care agency's compliance history, quality performance measures, and other relevant factors set forth in rules promulgated by the state board of health.
(3) Further, the general assembly determines and declares that, in
administering and enforcing standards for home care agencies, the inspections by the department should focus on home care consumer safety and outcomes.
Source: L. 2008: Entire article added, p. 2233, � 3, effective August 5.
25-27.5-102. Definitions. As used in this article 27.5, unless the context
otherwise requires:
(1) Certified home care agency means an agency that is certified by either
the federal centers for medicare and medicaid services or the Colorado department of health care policy and financing to provide skilled home health or personal care services.
(1.3) CMS means the federal centers for medicare and medicaid services in
the United States department of health and human services.
(1.5) Repealed.
(2) Department means the Colorado department of public health and
environment.
(3) (a) Home care agency means any sole proprietorship, partnership,
association, corporation, government or governmental subdivision or agency subject to the restrictions in section 25-1.5-103 (1)(a)(II), not-for-profit agency, or any other legal or commercial entity that manages and offers, directly or by contract, skilled home health services or personal care services to a home care consumer in the home care consumer's temporary or permanent home or place of residence. A residential facility that delivers skilled home health or personal care services which the facility is not licensed to provide shall either be licensed as a home care agency or require the skilled home health or personal care services to be delivered by a licensed home care agency.
(b) Home care agency does not include:
(I) Organizations that provide only housekeeping services;
(II) Community and rural health networks that furnish home visits for the
purpose of public health monitoring and disease tracking;
(III) An individual who is not employed by or affiliated with a home care
agency and who acts alone, without employees or contractors;
(IV) Outpatient rehabilitation agencies and comprehensive outpatient
rehabilitation facilities certified pursuant to Title XVIII or XIX of the Social Security Act, as amended;
(V) Consumer-directed attendant programs administered by the Colorado
department of health care policy and financing;
(VI) Licensed dialysis centers that provide in-home dialysis services,
supplies, and equipment;
(VII) Subject to the requirements of section 25-27.5-103 (3), a facility
otherwise licensed by the department;
(VIII) A home care placement agency as defined in subsection (5) of this
section;
(IX) Services provided by a qualified early intervention service provider and
overseen jointly by the department of education and the department of human services; or
(X) A program of all-inclusive care for the elderly established in section
25.5-5-412, C.R.S., and regulated by the department of health care policy and financing and the CMS; except that PACE home care services are subject to regulation in accordance with section 25-27.5-104 (4).
(4) Home care consumer means a person who receives skilled home health
services or personal care services in his or her temporary or permanent home or place of residence from a home care agency or from a provider referred by a home care placement agency.
(5) Home care placement agency means an organization that, for a fee,
provides only referrals of providers to home care consumers seeking services. A home care placement agency does not provide skilled home health services or personal care services to a home care consumer in the home care consumer's temporary or permanent home or place of residence directly or by contract. Such organizations shall follow the requirements of sections 25-27.5-103 (2), 25-27.5-104 (1)(c), and 25-27.5-107.
(5.3) Manager or administrator means any person who controls and
supervises or offers or attempts to control and supervise the day-to-day operations of a home care agency or home care placement agency.
(5.5) Owner means a shareholder in a for-profit or nonprofit corporation, a
partner in a partnership or limited partnership, a member in a limited liability company, a sole proprietor, or a person with a similar interest in an entity, who has at least a fifty-percent ownership interest in the business entity.
(5.7) PACE home care services means skilled home health services or
personal care services:
(a) Offered as part of a comprehensive set of medical and nonmedical
benefits, including primary care, day services, and interdisciplinary team care planning and management, by PACE providers to an enrolled participant in the program of all-inclusive care for the elderly established in section 25.5-5-412, C.R.S., and regulated by the department of health care policy and financing and the CMS; and
(b) Provided in the enrolled participant's temporary or permanent place of
residence.
(6) Personal care services means assistance with activities of daily living,
including but not limited to bathing, dressing, eating, transferring, walking or mobility, toileting, and continence care. It also includes housekeeping, personal laundry, medication reminders, and companionship services furnished to a home care consumer in the home care consumer's temporary or permanent home or place of residence, and those normal daily routines that the home care consumer could perform for himself or herself were he or she physically capable, which are intended to enable that individual to remain safely and comfortably in the home care consumer's temporary or permanent home or place of residence.
(6.3) Qualified early intervention service provider has the meaning set forth
in section 26.5-3-402.
(6.7) Service agency means a service agency, as defined in section 25.5-10-202, C.R.S., that has received certification from the department of health care
policy and financing as a developmental disabilities service agency under rules promulgated by the medical services board and is providing services pursuant to the supported living services waiver or the children's extensive support waiver of the home- and community-based services waivers administered by the department of health care policy and financing under part 4 of article 6 of title 25.5, C.R.S.
(7) Skilled home health services means health and medical services
furnished to a home care consumer in the home care consumer's temporary or permanent home or place of residence that include wound care services; use of medical supplies including drugs and biologicals prescribed by a physician; in-home infusion services; nursing services; home health aide or certified nurse aide services that require the supervision of a licensed or certified health-care professional acting within the scope of his or her license or certificate; occupational therapy; physical therapy; respiratory care services; dietetics and nutrition counseling services; medication administration; medical social services; and speech-language pathology services. Skilled home health services does not include the delivery of either durable medical equipment or medical supplies.
(8) State board means the state board of health.
Source: L. 2008: Entire article added, p. 2234, � 3, effective August 5. L.
2010: (1.5), (3)(b)(IX), (6.3), and (6.7) added and (3)(b)(VII) and (3)(b)(VIII) amended, (SB 10-194), ch. 251, p. 1121, �� 1, 2, effective May 21. L. 2013: (1.5) and (6.7) amended, (HB 13-1314), ch. 323, p. 1807, � 40, effective March 1, 2014. L. 2014: (1.3), (3)(b)(X), (5.3), (5.5), and (5.7) added and (1.5), (3)(b)(VIII), (3)(b)(IX), (4), and (6.7) amended, (HB 14-1360), ch. 373, p. 1771, � 1, effective July 1. L. 2021: IP amended, (HB 21-1187), ch. 83, p. 330, � 18, effective July 1, 2024; (1.5)(b) added by revision, (HB 21-1187), ch. 83, pp. 330, 354 �� 18, 70. L. 2022: (6.3) amended, (HB 22-1295), ch. 123, p. 847, � 72, effective July 1.
Editor's note: Subsection (1.5)(b) provided for the repeal of subsection (1.5),
effective July 1, 2024. (See L. 2021, pp. 330, 354.)
Cross references: For Title XVIII or XIX of the Social Security Act, see
Pub.L. 89-97.
25-27.5-103. Home care agency license required - home care placement
agency registration required - civil and criminal penalties. (1) On or after June 1, 2009, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides skilled home health services without having obtained a license therefor from the department. On or after January 1, 2010, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having submitted a completed application for licensure as a home care agency to the department. On or after January 1, 2011, it is unlawful for any person, partnership, association, or corporation to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license therefor from the department. Any person who violates this provision:
(a) Is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not less than fifty dollars nor more than five hundred dollars; and
(b) May be subject to a civil penalty assessed by the department of up to ten
thousand dollars for each violation of this section. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24 for credit to the general fund. The department shall enforce and collect each penalty following a decision reached in accordance with procedures set forth in section 24-4-105.
(1.5) It is unlawful for a service agency that is directly providing home care
services to conduct or maintain a home care agency that provides in-home personal care services without having obtained a license from the department. Any person who violates this subsection (1.5) is guilty of a misdemeanor and is subject to the civil and criminal penalties described in subsections (1)(a) and (1)(b) of this section. Nothing in this section relieves an entity that contracts or arranges with a service agency and that meets the definition of a home care agency from the entity's obligation to apply for and operate under a license in accordance with this article.
(2) (a) (I) On or after June 1, 2015, it is unlawful for a person to conduct or
maintain a home care placement agency unless the person has submitted a completed application for registration as a home care placement agency to the department, including evidence of general liability insurance coverage as required in subparagraph (II) of this paragraph (a). On or after January 1, 2016, it is unlawful for a person to conduct or maintain a home care placement agency without a valid, current home care placement agency registration issued by the department. The department shall maintain a registry of all registered home care placement agencies and shall make the registry accessible to the public. While a home care placement agency must be registered by the department, a home care placement agency is not licensed or certified by the department and shall not claim or assert that the department licenses or certifies the home care placement agency.
(II) As a condition of obtaining an initial or renewal home care placement
agency registration pursuant to this subsection (2), a person applying for initial or renewal registration shall submit to the department, in the form and manner required by the department, proof that the person has obtained and is maintaining general liability insurance coverage that covers the home care placement agency and the providers it refers to home care consumers in an amount determined by the state board by rule pursuant to section 25-27.5-104 (1)(h).
(b) A home care placement agency shall provide to its home care consumer
clients, before referring a provider to the client, a written disclosure containing the information required in section 25-27.5-104 (1)(c) and in state board rules adopted pursuant to that section.
(c) A person who violates this subsection (2):
(I) Is guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than fifty dollars nor more than five hundred dollars; and
(II) May be subject to a civil penalty assessed by the department of up to ten
thousand dollars for each violation. The department shall assess, enforce, and collect the penalty in accordance with article 4 of title 24. The department shall transfer any money it collects as such a penalty to the state treasurer, who shall credit the money to the general fund.
(3) If a facility that is licensed pursuant to this title provides skilled home
health or personal care services also provides the services outside the premises of the licensed facility, the facility license shall be amended to include the services, and the facility shall meet the requirements promulgated by the state board.
Source: L. 2008: Entire article added, p. 2235, � 3, effective August 5. L.
2010: (1.5) added, (SB 10-194), ch. 251, p. 1122, � 3, effective May 21. L. 2012: (2) amended, (HB 12-1294), ch. 252, p. 1259, � 10, effective June 4. L. 2013: (1.5)(a)(I) amended, (HB 13-1314), ch. 323, p. 1807, � 41, effective March 1, 2014. L. 2014: (1.5) and (2) amended, (HB 14-1360), ch. 373, p. 1772, � 2, effective July 1. L. 2019: (1)(b) and (2)(c)(II) amended, (SB 19-146), ch. 314, p. 2820, � 4, effective August 2. L. 2021: (1.5) amended, (HB 21-1187), ch. 83, p. 330, � 19, effective July 1, 2024.
Cross references: For the legislative declaration in the 2012 act amending
subsection (2), see section 1 of chapter 252, Session Laws of Colorado 2012.
25-27.5-104. Minimum standards for home care agencies and home care
placement agencies - rules - advisory committee. (1) The state board shall promulgate rules pursuant to section 24-4-103 providing minimum standards for the operation of home care agencies and home care placement agencies within the state of Colorado that apply regardless of the source of payment for the home care services or the diagnosis of the home care consumer. In promulgating these rules, the state board shall establish different requirements appropriate to the various types of skilled home health and personal care services, including differentiating requirements for providers that are substantially funded through medicare and medicaid reimbursement, providers for the program of all-inclusive care for the elderly established in section 25.5-5-412, providers that are already licensed under this title 25, and providers that are solely or substantially privately funded. This differentiation must include consideration of the requirements already imposed by other federal and state regulatory agencies and must require the department of health care policy and financing and the department to work jointly to resolve differing requirements. The rules must include the following:
(a) Inspection of home care agencies by the department or its designated
representative;
(b) Minimum educational, training, and experience standards for the
administrator and staff of an agency, including a requirement that such persons be of good, moral, and responsible character;
(c) Requirements for disclosure notices to be provided by home care
agencies and home care placement agencies to home care consumers concerning the duties and employment status of the individual providing services. With regard to home care placement agencies, the rules must require a home care placement agency to disclose in writing, at a minimum, the following to each home care consumer client in the form and manner prescribed by the department before referring a provider to the client:
(I) That the home care placement agency is not the employer of any provider
it refers to a home care consumer; and
(II) That the home care placement agency does not direct, control, schedule,
or train any provider it refers;
(d) Intermediate enforcement remedies as authorized by section 25-27.5-108;
(e) A requirement and form for written plans, to be submitted by agencies to
the department for approval, detailing the measures that will be taken to correct violations found as a result of inspections;
(f) Establishing occurrence reporting requirements pursuant to section 25-1-124;
(g) (I) Fees for home care agency licensure. Home care agency fees are
payable to the home care agency cash fund. The annual fee must include a component that reflects whether a survey is planned for the year based on the agency's compliance history. For state fiscal year 2024-25, the state board shall develop a methodology for establishing differentiating fees for licensure of home care agencies to reflect the differences in type, scope, and volume of services provided by the various types of home care agencies, including their volume of medicaid and medicare services, and that allows for reduced fees for home care agencies that are certified prior to initial license application. The department shall not charge a duplicate fee for survey work conducted pursuant to its role as state survey agency for the federal centers for medicare and medicaid services or the Colorado department of health care policy and financing.
(II) For state fiscal year 2025-26 and each state fiscal year thereafter, the
schedule of fees adopted by the state board pursuant to section 25-3-105 (1)(a)(I)(A) must be updated and published by March 1 of the year that the fees will take effect. The fees are not subject to rule-making by the state board. The licensure fees for home care agencies must be increased as follows:
(A) For state fiscal year 2025-26, eight percent from the fees on the
schedule of fees established pursuant to subsection (1)(g)(I) of this section;
(B) For each of state fiscal years 2026-27, 2027-28, and 2028-29, six
percent; and
(C) For state fiscal year 2029-30 and for each state fiscal year thereafter, an
amount that is equal to the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid by urban consumers.
(h) Requirements for home care agencies to provide evidence of and
maintain either liability insurance coverage or a surety bond in lieu of liability insurance coverage and for home care placement agencies to provide evidence of and maintain liability insurance coverage as required in section 25-27.5-103 (2)(a)(II) in amounts set through rules of the state board;
(i) Factors for home care agencies and home care placement agencies to
consider when determining whether an applicant's conviction of or plea of guilty or nolo contendere to an offense disqualifies the applicant from employment or a referral. The state board may determine which offenses require consideration of the factors.
(j) Requirements for home care placement agencies to retain their records
for a length of time determined by the state board to be available for inspection by the department pursuant to section 25-27.5-106 (2)(a)(III); and
(k) Fees for the registration of home care placement agencies to cover the
direct and indirect costs associated with implementing the department's oversight of home care placement agencies.
(1.5) To the extent the state board rules adopted pursuant to subsection (1)
of this section address supervision requirements for home care agencies, the rules must allow for supervision in person or by telemedicine or telehealth. Any rules adopted by the state board pursuant to this subsection (1.5) shall be in conformity with applicable federal law and must take into consideration the appropriateness, suitability, and necessity of the method of supervision permitted.
(2) Rules promulgated by the state board are subject to judicial review in
accordance with the requirements of section 24-4-106, C.R.S.
(3) There is hereby established a home care advisory committee, which shall
make recommendations to the department and the state board concerning the rules promulgated pursuant to this article 27.5 and implementation of the licensing of home care agencies. The executive director of the department shall appoint the members of the advisory committee. The advisory committee must, at a minimum, include representatives from skilled home health services agencies, personal care services agencies, members of the disabled community who are home care consumers, seniors or representatives of seniors who are home care consumers, providers of medicaid services, providers of in-home support services, representatives of home care placement agencies, and representatives of the departments of health care policy and financing and human services. Members of the advisory committee serve at the pleasure of the appointing authority on a voluntary basis without compensation.
(4) The department shall regulate a provider of PACE home care services for
minimum standards for the operation of home care agencies as follows:
(a) For a PACE provider that serves only medicaid or medicare clients, if a
full federal recertification survey required by the department of health care policy and financing is conducted at least every three years, the department shall accept the federal recertification survey in lieu of a separate survey for relicensure;
(b) The department shall not impose any requirement on a PACE provider
that is more stringent than the federal and state medicaid PACE regulations, the three-way agreement entered into by the provider, CMS, and the department of health care policy and financing, and the PACE provider's policies and procedures;
(c) In reviewing a PACE provider's compliance with home care licensure, the
department shall coordinate with the department of health care policy and financing regarding both license and certification requirements to ensure that the departments' similar regulations are congruently met;
(d) At the time that a PACE provider enrolls a PACE participant in a PACE
program, the PACE provider shall give the client the department's contact information in writing to allow the client to report any complaints that may arise out of the client's PACE home care services. The department shall undertake any investigation arising from a complaint, other than a complaint alleging matters that are outside of the department's licensing authority.
(e) Under the department's licensing authority, the department has complete
authority to enforce all home care requirements applicable to a PACE provider. If the department is unable to take corrective action congruently with the department of health care policy and financing, the department shall forward the proposed corrective action to and consult with the department of health care policy and financing before taking final action against a PACE provider.
Source: L. 2008: Entire article added, p. 2236, � 3, effective August 5. L.
2012: IP(1) amended, (HB 12-1294), ch. 252, p. 1259, � 11, effective June 4. L. 2014: IP(1), (1)(c), (1)(g), and (1)(h) amended and (1)(i), (1)(j), (1)(k), and (4) added, (HB 14-1360), ch. 373, p. 1774, � 3, effective July 1. L. 2019: (3) amended, (SB 19-146), ch. 314, p. 2821, � 5, effective August 2. L. 2020: (1.5) added, (SB 20-212), ch. 235, p. 1140, � 3, effective July 6. L. 2021: IP(1) and (1)(g)(I) amended, (HB 21-1187), ch. 83, p. 330, � 20, effective July 1, 2024. L. 2024: (1)(g) amended, (HB 24-1417), ch. 136, p. 508, � 4, effective July 1.
Cross references: For the legislative declaration in the 2012 act amending
the introductory portion to subsection (1), see section 1 of chapter 252, Session Laws of Colorado 2012. For the legislative declaration in SB 20-212, see section 1 of chapter 235, Session Laws of Colorado 2020.
25-27.5-105. Home care agency cash fund - created. The department shall
transmit the fees collected pursuant to section 25-27.5-104 (1) to the state treasurer, who shall credit the fees to the home care agency cash fund, which fund is hereby created. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of the department in performing its duties under this article 27.5. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and must not be credited or transferred to the general fund or any other fund.
Source: L. 2008: Entire article added, p. 2238, � 3, effective August 5. L.
2014: Entire section amended, (HB 14-1360), ch. 373, p. 1777, � 4, effective July 1. L. 2019: Entire section amended, (SB 19-146), ch. 314, p. 2821, � 6, effective August 2.
25-27.5-106. License or registration - application - inspection - issuance -
rules. (1) A person applying for a home care agency license or a home care placement agency registration shall submit an application to the department annually upon a form and in a manner prescribed by the department.
(2) (a) (I) The department shall investigate and review each original
application and each renewal application for a home care agency license or home care placement agency registration. The department shall determine an applicant's compliance with this article and the rules adopted pursuant to section 25-27.5-104 before the department issues a license or registration.
(II) The department shall make inspections as it deems necessary to ensure
that the health, safety, and welfare of the home care agency's or home care placement agency's home care consumers are being protected. Inspections of a home care consumer's home are subject to the consent of the home care consumer to access the property. The home care agency or home care placement agency shall submit in writing, in a form prescribed by the department, a plan detailing the measures that will be taken to correct any violations found by the department as a result of inspections undertaken pursuant to this subsection (2).
(III) The department may inspect, as it deems necessary, a home care
placement agency's records on weekdays between 9 a.m. and 5 p.m. to ensure that the home care placement agency is in compliance with the criminal history record check, general liability insurance, and disclosure requirements set forth in sections 25-27.5-103 (2)(b), 25-27.5-104 (1)(c) and (1)(h), and 25-27.5-107.
(a.5) Repealed.
(b) The department shall keep all medical information or documents
obtained during an inspection or investigation of a home care agency, home care placement agency, or home care consumer's home confidential. All records, information, or documents so obtained are exempt from disclosure pursuant to sections 24-72-204, C.R.S., and 25-1-124.
(3) (a) With the submission of an application for a license or registration
granted pursuant to this article 27.5, or within ten days after a change in the owner, manager, or administrator, each owner of a home care agency or home care placement agency and each manager or administrator of a home care agency or home care placement agency shall submit a complete set of the individual's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. Each owner and each manager or administrator is responsible for paying the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau.
(a.5) When the results of a fingerprint-based criminal history record check of
an individual performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the department shall require that individual to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.
(b) The department shall use the information from the record check in
ascertaining whether the person applying for licensure or registration has been convicted of a felony or of a misdemeanor, which felony or misdemeanor involves conduct that the department determines could pose a risk to the health, safety, or welfare of home care consumers of the home care agency or home care placement agency. The department shall maintain information obtained in accordance with this section.
(4) The department shall not issue a license or registration if the owner,
manager, or administrator of the home care agency or home care placement agency has been convicted of a felony or of a misdemeanor, which felony or misdemeanor involves conduct that the department determines could pose a risk to the health, safety, or welfare of the home care consumers of the home care agency or home care placement agency.
(5) Except as otherwise provided in subsections (6) and (7) of this section,
the department shall issue or renew a license or registration when it is satisfied that the applicant, licensee, or registrant is in compliance with the requirements set out in this article and the rules promulgated pursuant to this article. Except for provisional licenses issued in accordance with subsections (6) and (7) of this section, a license or registration issued or renewed pursuant to this section expires one year after the date of issuance or renewal.
(6) The department may issue a provisional license to an applicant for the
purpose of operating a home care agency for a period of ninety days if the applicant is temporarily unable to conform to all of the minimum standards required under this article 27.5; except that no license shall be issued to an applicant if the operation of the applicant's home care agency will adversely affect the health, safety, or welfare of the home care consumers of such home care agency. As a condition of obtaining a provisional license, the applicant shall show proof to the department that attempts are being made to conform and comply with applicable standards. No provisional license shall be granted prior to the completion of a background check in accordance with subsection (3) of this section and a finding in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance.
(7) If requested by the Colorado department of health care policy and
financing, the department may issue a provisional license for a period of ninety days to an agency that has applied to be a certified home care agency as defined in section 25-27.5-102. A provisional license shall not be granted prior to the completion of a record check in accordance with subsection (3) of this section and a finding in accordance with subsection (4) of this section. A second provisional license may be issued, for a like term and fee, to effect compliance. No further provisional licenses may be issued for the current year after the second issuance.
Source: L. 2008: Entire article added, p. 2238, � 3, effective August 5. L.
2014: (1) to (5) amended, (HB 14-1360), ch. 373, p. 1777, � 5, effective July 1. L. 2019: (3)(a.5) added and (7) amended, (HB 19-1166), ch. 125, p. 554, � 41, effective April 18. L. 2020: (2)(a)(II) amended, (HB 20-1402), ch. 216, p. 1055, � 59, effective June 30. L. 2022: (3), (6), and (7) amended, (HB 22-1270), ch. 114, p. 527, � 43, effective April 21. L. 2025: (3)(a) and (3)(a.5) amended, (SB 25-146), ch. 342, p. 1858, � 11, effective June 2.
Editor's note: Subsection (2)(a.5)(IV) provided for the repeal of subsection
(2)(a.5), effective July 1, 2017. (See L. 2014, p. 1777.)
25-27.5-107. Employee or referred service provider criminal history record
check - rules. The home care agency or home care placement agency shall require a person seeking employment or placement to submit to a criminal history record check before employment or referral to a consumer. The home care agency or home care placement agency or the person seeking employment with the home care agency shall pay the costs of the criminal history record check. The criminal history record check shall be conducted not more than ninety days before the employment or placement of the applicant.
Source: L. 2008: Entire article added, p. 2240, � 3, effective August 5. L.
2014: Entire section amended, (HB 14-1360), ch. 373, p. 1781, � 6, effective July 1.
25-27.5-108. License or registration denial - suspension - revocation. (1)
Upon denial of an application for an original license or registration, the department shall notify the applicant in writing of the denial by mailing a notice to the applicant at the address shown on his or her application. Any applicant aggrieved by the denial may pursue the remedy for review provided in article 4 of title 24, C.R.S., if the applicant, within thirty days after receiving the notice of denial, petitions the department to set a date and place for hearing, affording the applicant an opportunity to be heard in person or by counsel. All hearings on the denial of original licenses or registrations must be conducted in conformity with the provisions and procedures specified in article 4 of title 24, C.R.S.
(2) (a) The department may suspend, revoke, or refuse to renew the license
or registration of a home care agency or home care placement agency that is out of compliance with the requirements of this article or the rules promulgated pursuant to this article. Before taking final action to suspend, revoke, or refuse to renew a license or registration, the department shall conduct a hearing on the matter in conformance with the provisions and procedures specified in article 4 of title 24, C.R.S.; except that the department may implement a summary suspension prior to a hearing in accordance with article 4 of title 24, C.R.S. If the department suspends, revokes, or refuses to renew a home care placement agency registration, the department shall remove the home care placement agency from the registry maintained by the department pursuant to section 25-27.5-103 (2)(a)(I).
(b) (I) The department may impose intermediate restrictions or conditions on
a licensed home care agency or registered home care placement agency that may include at least one of the following:
(A) Retaining a consultant to address corrective measures;
(B) Monitoring by the department for a specific period;
(C) Providing additional training to employees, owners, or operators of the
home care agency or home care placement agency;
(D) Complying with a directed written plan to correct the violation; or
(E) Paying a civil fine not to exceed ten thousand dollars per calendar year
for all violations.
(II) (A) If the department imposes an intermediate restriction or condition
that is not a result of a serious and immediate threat to health or welfare, the department shall provide written notice of the restriction or condition to the licensed home care agency or registered home care placement agency. No later than ten days after the date the notice is received from the department, the licensed home care agency or registered home care placement agency shall submit a written plan that includes the time frame for completing the plan and addresses the restriction or condition specified.
(B) If the department imposes an intermediate restriction or condition that is
the result of a serious and immediate threat to health, safety, or welfare, the department shall notify the licensed home care agency or registered home care placement agency in writing, by telephone, or in person during an on-site visit. The licensed home care agency or registered home care placement agency shall remedy the circumstances creating harm or potential harm immediately upon receiving notice of the restriction or condition. If the department provides notice of a restriction or condition by telephone or in person, the department shall send written confirmation of the restriction or condition to the licensed home care agency or registered home care placement agency within two business days.
(III) (A) After submission of an approved written plan, a licensed home care
agency or registered home care placement agency may first appeal any intermediate restriction or condition on its license or registration to the department through an informal review process as established by the department.
(B) If the restriction or condition requires payment of a civil fine, the licensed
home care agency or registered home care placement agency may request, and the department shall grant, a stay in payment of the fine until final disposition of the restriction or condition.
(C) If a licensed home care agency or registered home care placement
agency is not satisfied with the result of the informal review or chooses not to seek informal review, the department shall not impose an intermediate restriction or condition on the licensed home care agency or registered home care placement agency until after the licensed home care agency or registered home care placement agency is afforded an opportunity for a hearing pursuant to section 24-4-105, C.R.S.
(IV) If the department assesses a civil fine pursuant to this subsection (2)(b),
the department shall transmit the fines to the state treasurer, who shall credit the fines to the general fund.
(V) Repealed.
(3) The department shall revoke or refuse to renew the license of a home
care agency or the registration of a home care placement agency where the owner, licensee, or registrant has been convicted of a felony or misdemeanor involving conduct that the department determines could pose a risk to the health, safety, or welfare of the home care consumers of the home care agency or home care placement agency. The department may revoke or refuse to renew a license or registration only after conducting a hearing on the matter in accordance with article 4 of title 24, C.R.S.
Source: L. 2008: Entire article added, p. 2240, � 3, effective August 5. L.
2014: Entire section amended, (HB 14-1360), ch. 373, p. 1781, � 7, effective July 1. L. 2019: (2)(b)(IV) amended and (2)(b)(V) repealed, (SB 19-146), ch. 314, p. 2820, � 3, effective August 2.
25-27.5-109. Enforcement. The department is responsible for the
enforcement of this article and the rules adopted pursuant to this article.
Source: L. 2008: Entire article added, p. 2242, � 3, effective August 5.
25-27.5-110. Repeal of article - sunset review. (1) This article 27.5 is
repealed, effective September 1, 2028.
(2) Before repeal, the department of regulatory agencies shall review the
licensing of home care agencies and the registering of home care placement agencies as provided in section 24-34-104, C.R.S. In conducting its review and compiling its report pursuant to section 24-34-104 (5), C.R.S., the department of regulatory agencies shall segregate the data in the report based on the type of agency, specifying whether the agency is:
(a) A home care agency that provides skilled home health services;
(b) A home care agency that only provides personal care services; or
(c) A home care placement agency.
Source: L. 2008: Entire article added, p. 2242, � 3, effective August 5. L.
2014: Entire section amended, (HB 14-1360), ch. 373, p. 1784, � 8, effective July 1. L. 2016: IP(2) amended, (HB 16-1192), ch. 83, p. 235, � 21, effective April 14. L. 2019: (1) amended, (SB 19-146), ch. 314, p. 2820, � 2, effective August 2.
ARTICLE 27.6
Behavioral Health Entities
Editor's note: (1) Section 25-27.6-112 provided for the repeal of this article
27.6, effective January 1, 2025. (See L. 2023, p. 1054.)
(2) Section 25-27.6-103 is printed in the statutes for an additional year to
accommodate the one-year wind-up period in accordance with � 24-34-104 (5), (8), and (9).
(3) This article 27.6 was added in 2022. For amendments to this article 27.6
prior to its repeal in 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
25-27.6-101 to 25-27.6-112. (Repealed)
25-27.6-103. Behavioral health entity implementation and advisory
committee - creation - membership - duties - repeal. [Editor's note: This section is in a one-year wind-up period. For further explanation regarding the wind-up period, see the editor's note following this section.]
(1) There is established in the department the behavioral health entity implementation and advisory committee, referred to in this section as the committee. The committee shall:
(a) Offer advice to the department and the state board concerning the
phased-in implementation of the behavioral health entity license, rules promulgated by the state board pursuant to this article 27.6, and implementation of the behavioral health entity licensing transition;
(b) Provide ongoing advice to the department regarding behavioral health
entities and behavioral health entity licensing; and
(c) Identify a coordinated and aligned process of sharing information across
state departments to ensure behavioral health services are available to all residents of Colorado.
(2) (a) The committee consists of:
(I) The executive directors of the departments of public health and
environment, human services, health care policy and financing, and public safety or their designees; and
(II) The following members to be appointed by the executive director of the
department of public health and environment:
(A) One member that represents crisis stabilization units or acute treatment
units;
(B) One member that represents community mental health centers;
(C) One member that represents a mental health provider that is not a
community mental health center;
(D) One member that represents a provider of substance use disorder
treatment and recovery services that is not a community health center;
(E) One member that represents a provider of substance use disorder
withdrawal management services that is not a community health center;
(F) One member that represents a provider of substance use disorder
services that meets the definition of behavioral health entity in section 25-27.6-102 (6) but has not been subject to licensure by the department;
(G) One member that represents a substance use treatment provider from a
rural or frontier county;
(H) One member who is a consumer who has experience living with a
substance use disorder;
(I) One member that represents behavioral health consumers;
(J) One member that represents family members of persons with a behavioral
health disorder; and
(K) One member from an advocacy organization that represents behavioral
health consumers.
(b) In making the appointments pursuant to subsection (2)(a)(II) of this
section, the executive director shall consider the geographic diversity of the state.
(3) The executive directors shall agree to serve or make their designations
no later than September 1, 2019. The executive director of the department of public health and environment shall make his or her initial appointments by October 1, 2019. In case of a vacancy, an executive director shall agree to serve or make a designation, and the executive director of the department of public health and environment shall make the replacement appointment as soon as practicable.
(4) Members of the committee serve on a voluntary basis and serve without
compensation; except that members are reimbursed for the actual and reasonable
C.R.S. § 25-29-112
25-29-112. General powers of authority. (1) In addition to any other powers granted to the authority in this article, the authority shall have the following powers:
(a) To have the duties, privileges, immunities, rights, liabilities, and
disabilities of a body corporate and political subdivision of the state;
(b) To have perpetual existence and succession;
(c) To adopt, have, and use a seal and to alter the seal at its pleasure;
(d) To sue and be sued;
(e) To enter into any contract or agreement not inconsistent with this article
or the laws of this state and to authorize the chief executive officer to enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article and to secure the payment of bonds;
(f) To borrow money and to issue bonds evidencing the same;
(g) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold,
improve, mortgage, lease, sell, and dispose of personal property, whether tangible or intangible, and any interest therein; and to purchase, lease, trade, exchange, or otherwise acquire real property or any interest therein, and to maintain, hold, improve, mortgage, lease, and otherwise transfer such real property, so long as such transactions do not interfere with the mission of the authority as specified in section 25-29-104;
(h) To acquire space, equipment, services, supplies, and insurance necessary
to carry out the purposes of this article;
(i) To deposit any moneys of the authority in any banking institution within or
without the state or in any depository authorized in section 24-75-603, C.R.S., and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the moneys of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board of directors requires;
(j) To contract for and to accept any gifts, grants, and loans of funds,
property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this article, with the terms and conditions thereof;
(k) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this article, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article;
(l) To fix the time and place or places at which its regular and special
meetings are to be held. Meetings shall be held on the call of the presiding officer, but no less than six meetings shall be held annually.
(m) To adopt and from time to time amend or repeal bylaws and rules and
regulations consistent with the provisions of this article; except that article 4 of title 24, C.R.S., shall not apply to the promulgation of any policies, procedures, rules, or regulations of the authority;
(n) To appoint one or more persons as secretary and treasurer of the board
and such other officers as the board of directors may determine and provide for their duties and terms of office;
(o) To appoint the authority's chief executive officer and such agents,
employees, and professional and business advisers as may from time to time be necessary in its judgment to accomplish the purposes of this article, and to fix the compensation of such chief executive officer, employees, agents, and advisers, and to establish the powers and duties of all such agents, employees, and other persons contracting with the authority;
(p) To waive, by such means as the authority deems appropriate, the
exemption from federal income taxation of interest on the authority's bonds, notes, or other obligations provided by the Internal Revenue Code of 1986, as amended, or any other federal statute providing a similar exemption;
(q) To make and execute agreements, contracts, and other instruments
necessary or convenient in the exercise of the powers and functions of the authority under this article, including but not limited to contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies are hereby authorized to enter into and do all things necessary to perform any such arrangement or contract with the authority.
(r) To arrange for guaranties or insurance of its bonds, notes, or other
obligations by the federal government or by any private insurer, and to pay any premiums therefor;
(s) To engage in joint ventures, or to participate in alliances, purchasing
consortia, health insurance pools, or other cooperative arrangements, with any public or private entity;
(t) To authorize officers or employees of the authority to incorporate a
nonprofit corporation to be capitalized and controlled by the authority, or to serve in their official capacities on the governing body of a governmental or nongovernmental entity.
Source: L. 94: Entire article added, p. 661, � 1, effective April 19. L. 2015: (1)(l)
amended, (HB 15-1059), ch. 36, p. 86, � 2, effective March 20.
C.R.S. § 25-3-103.5
25-3-103.5. Nondiscrimination - hospital surgical privileges - hospital rules and regulations. (1) The bylaws of any hospital licensed pursuant to the provisions of part 3 of this article or established pursuant to section 32-1-1003, C.R.S., which does not limit staff privileges to employees or contracting physicians of such hospital, shall include provisions for the use of the facility by, and staff privileges for, duly licensed doctors of medicine, osteopathy, dentistry, and podiatry within the scope of their respective licenses. Such bylaws shall not discriminate on the basis of the staff member's holding a degree of doctor of medicine, doctor of osteopathy, doctor of dental science, or doctor of podiatric medicine within the scope of their respective licensure. Provision shall be made in the bylaws for the right to pursue and practice full surgical privileges for holders of a degree of doctor of medicine, doctor of osteopathy, doctor of dental science, or doctor of podiatric medicine within the scope of their respective licensure. Such rights and privileges may be limited or restricted upon the basis of an individual practitioner's demonstrated training, experience, current competence, professional ethics, health status, or failure to abide by the hospital's rules, regulations, and procedures.
(2) Nothing in this section shall be construed to require a hospital to offer a
specific service or services not otherwise offered or to buy, construct, or renovate facilities, to purchase equipment, hire additional staff, or to comply with other requirements of law concerning its planning, financing, or operation. If a health service is offered, the hospital shall not discriminate between persons holding a degree of doctor of medicine, doctor of osteopathy, or doctor of podiatric medicine who are authorized by law to perform such services.
(3) A hospital may require the coadmittance by a medical doctor or doctor of
osteopathy for any patient admitted for surgical treatment by a podiatrist or dentist. The responsibility for obtaining such coadmittance shall be that of the podiatrist or dentist admitting said patient and not of the hospital. Patients admitted for podiatric or dental care shall receive the same basic medical appraisal as patients admitted for other services. Such appraisal shall include an admission history and physical examination by a medical doctor, doctor of osteopathy, or qualified, hospital-credentialed and -privileged podiatrist, who is either on the medical staff or approved by the medical staff of such hospital. The findings of such appraisal shall be recorded on the patient's medical record. The admitting podiatrist or dentist shall be responsible for that part of the history and examination that is related to podiatry or dentistry. The medical doctor or doctor of osteopathy shall be responsible for the treatment of any medical problem that may be present on admission or arise during hospitalization of such podiatric or dental patient. Such doctor shall evaluate the general medical condition of the podiatric or dental patient and determine, after consultation if necessary, the overall risk of the pending surgical treatment to the patient's health.
(4) Within one hundred eighty days after May 25, 1983, the governing body
of every hospital subject to the provisions of part 3 of this article or established pursuant to section 32-1-1003, C.R.S., which does not limit staff privileges to employees or contracting physicians of such hospital, shall provide in its bylaws reasonable standards and procedures to be applied by such hospital and its staff in considering and acting upon applications for staff membership or privileges by a person holding a Colorado license to practice as a doctor of medicine, doctor of osteopathic medicine, podiatrist, or dentist in conformance with the requirements of any national accrediting body to which the hospital subscribes. Such standards and procedures shall be available for public inspection and shall be based on an applicant's individual training, experience, current competence, professional ethics, health status, and the hospital's rules of professional conduct applied equally to all persons holding a Colorado license to practice as a doctor of medicine, doctor of osteopathic medicine, podiatrist, or dentist.
(5) Hospital rules and regulations shall be reasonable, necessary, and
applied in good faith equally and in a nondiscriminatory manner to all staff members, or applicants seeking to become staff members, holding a degree of doctor of medicine, doctor of osteopathic medicine, doctor of dental science, or doctor of podiatric medicine.
Source: L. 83: Entire section added, p. 1053, � 1, effective May 25. L. 2007:
(3) amended, p. 436, � 1, effective August 3.
C.R.S. § 25-3-103.7
25-3-103.7. Employment of physicians - when permissible - conditions - definitions. (1) As used in this section:
(a) Repealed.
(b) Department means the department of public health and environment.
(c) Federally qualified health center or FQHC has the same meaning as
set forth in the federal Social Security Act, 42 U.S.C. sec. 1395x (aa)(4).
(d) Health-care facility means a hospital, hospice, behavioral health safety
net provider, as defined in section 27-50-101 (7), federally qualified health center, school-based health center, rural health clinic, PACE organization, or long-term care facility.
(e) Hospice means an entity that administers services to a terminally ill
person utilizing palliative care or treatment and that is currently licensed and regulated by the department pursuant to the department's authority under section 25-1.5-103 (1)(a).
(f) Hospital means a hospital currently licensed or certified by the
department pursuant to the department's authority under section 25-1.5-103 (1)(a).
(f.3) Long-term care facility means:
(I) A nursing facility as defined by section 25.5-4-103, C.R.S., and licensed
pursuant to section 25-1.5-103;
(II) An assisted living residence as defined by section 25-27-102 and licensed
pursuant to section 25-27-103; or
(III) An independent living facility or a residence for seniors that provides
assistance to its residents in the performance of their daily living activities.
(f.5) PACE organization means an organization providing a program of all-inclusive care for the elderly pursuant to section 25.5-5-412, C.R.S.
(g) Physician means a person duly licensed to practice under article 220,
240, or 290 of title 12.
(h) Rural health clinic shall have the same meaning as set forth in section
1861 (aa)(2) of the federal Social Security Act, 42 U.S.C. sec. 1395x (aa)(2).
(i) School-based health center shall have the same meaning as set forth in
section 25-20.5-502.
(2) (a) A health-care facility may employ physicians, subject to the limitations
set forth in subsections (3) to (6) of this section. The employment of physicians at a long-term care facility may be direct or through a separate entity authorized to conduct business in this state that has common or overlapping ownership as an affiliate or subsidiary of an entity, including a foreign entity, that owns, controls, or manages the long-term care facility, subject to the limitations set forth in subsections (3) to (6) of this section.
(b) Nothing in this subsection (2) allows any person who is not licensed
pursuant to article 240 of title 12 to practice or direct the practice of medicine at a long-term care facility.
(3) Nothing in this section shall be construed to allow any health-care facility
that employs a physician to limit or otherwise exercise control over the physician's independent professional judgment concerning the practice of medicine or diagnosis or treatment or to require physicians to refer exclusively to the health-care facility or to the health-care facility's employed physicians. Any health-care facility that knowingly or recklessly so limits or controls a physician in such manner or attempts to do so shall be deemed to have violated standards of operation for the particular type of health-care facility and may be held liable to the patient or the physician, or both, for such violations, including proximately caused damages. Nothing in this section shall be construed to affect any health-care facility's decisions with respect to the availability of services, technology, equipment, facilities, or treatment programs, or as requiring any health-care facility to make available to patients or physicians additional services, technology, equipment, facilities, or treatment programs.
(4) Nothing in this section shall be construed to allow a health-care facility
that employs a physician to offer the physician any percentage of fees charged to patients by the health-care facility or other financial incentive to artificially increase services provided to patients.
(5) The medical staff bylaws or policies or the policies of any health-care
facility that employs physicians shall not discriminate with regard to credentials or staff privileges on the basis of whether a physician is an employee of, a physician with staff privileges at, or a contracting physician with, the health-care facility. Any health-care facility that discriminates with regard to credentials or staff privileges on the basis of whether a physician is an employee of, a physician with staff privileges at, or a contracting physician with, the health-care facility shall be deemed to have violated standards of operation for the particular type of health-care facility and may be held liable to the physician for such violations, including proximately caused damages. This subsection (5) shall not affect the terms of any contract or written employment arrangement that provides that the credentials or staff and clinical privileges of any practitioner are incident to or coterminous with the contract or employment arrangement or the individual's association with a group holding the contract.
(6) When applying for initial facility licensure and upon each application for
license renewal, every health-care facility licensed or certified by the department that employs a physician shall report to the department the number of physicians on the health-care facility's medical staff. The report shall separately identify the number of those physicians who are employed by the health-care facility under separate contract to the health-care facility and independent of the health-care facility.
(7) The medical staff bylaws or policies or the policies of any health-care
facility that employs physicians shall contain a procedure by which complaints by physicians alleging a violation of subsection (3), (4), or (5) of this section may be heard and resolved, which procedure shall ensure that the due process rights of the parties are protected. A physician who believes he or she has been the subject of a violation of subsection (3), (4), or (5) of this section has a right to complain and request review of the matter pursuant to such procedure.
(8) Nothing in this section shall preclude a physician or a patient from
seeking other remedies available to the physician or to the patient at law or in equity.
Source: L. 93: Entire section added, p. 721, � 2, effective May 6. L. 94: (1)(a)
and (6) amended, p. 2751, � 407, effective July 1. L. 95: (1)(a), (3), and (5) amended and (7) and (8) added, p. 977, � 2, effective July 1. L. 2003: (1)(a) amended, p. 709, � 38, effective July 1. L. 2007: (1) to (7) amended, p. 452, � 1, effective April 11. L. 2008: Entire section amended, p. 932, � 1, effective August 5. L. 2009: (1)(d) and (6) amended and (1)(f.5) added, (HB 09-1004), ch. 26, p. 115, � 1, effective March 19. L. 2011: (1)(d) and (2) amended and (1)(f.3) added, (SB 11-084), ch. 112, p. 346, � 2, effective August 10. L. 2012: (6) amended, (HB 12-1052), ch. 228, p. 1006, � 4, effective July 1. L. 2019: (1)(g) and (2)(b) amended, (HB 19-1172), ch. 136, p. 1700, � 151, effective October 1. L. 2020: (1)(c) amended, (SB 20-136), ch. 70, p. 288, � 23, effective September 14. L. 2022: (1)(d) amended (HB 22-1278), ch. 222, p. 1592, � 229, effective July 1, 2024; (1)(a)(II) added by revision, (HB 22-1278), ch. 222, pp. 1592, 1605; �� 229, 263(1)(b).
Editor's note: Subsection (1)(a)(II) provided for the repeal of subsection (1)(a),
effective July 1, 2024. (See L. 2022, pp. 1592, 1605.)
Cross references: For the legislative declaration contained in the 1994 act
amending subsections (1)(a) and (6), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1995 act amending subsections (1)(a), (3), and (5) and adding subsections (7) and (8), see section 1 of chapter 201, Session Laws of Colorado 1995. For the legislative declaration in the 2012 act amending subsection (6), see section 1 of chapter 228, Session Laws of Colorado 2012. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
C.R.S. § 25-3-131
25-3-131. Maternal health-care services - discontinuation - required notifications - definitions - repeal. (1) Except as provided in subsection (3) of this section, at least ninety days before a hospital providing maternal health-care services or a birth center may discontinue such services, the facility shall provide notice to:
(a) The department of public health and environment responsible for
licensing health facilities pursuant to section 25-3-101;
(b) The primary care office, created in section 25-1.5-403;
(c) The governor;
(d) All patients receiving maternal health-care services at the facility as of
the date of the notice;
(e) All health-care providers that provide maternal health-care services for
the facility as of the date of the notice; and
(f) The general public.
(2) The notice required in subsection (1) of this section must include:
(a) A description of the maternal health-care services being discontinued;
(b) The rate the maternal health-care services had been provided at in the
previous year;
(c) The number and type of health-care providers impacted;
(d) The proposed plan for transitioning patients to new health-care providers;
and
(e) The proposed plan for transitioning the health-care providers to new
positions.
(3) (a) In the event of an emergency, a facility shall provide the notice
required in subsection (1) of this section on the day a definitive plan for alternative patient care has been arranged or within seven days after the emergency has been identified, whichever is earlier.
(b) This subsection (3) does not apply in the event of an emergency covered
by rules promulgated by the department of public health and environment if such emergency affects the physical space of the facility and necessitates the removal of clients, employees, or contractors from the facility.
(4) As used in this section:
(a) Emergency means a sudden and unforeseen circumstance or financial
impediment that would inhibit a hospital's ability to safely and effectively operate a maternal health-care service.
(b) Maternal health-care services means health-care services provided to
an individual regarding care related to the individual's pregnancy, childbirth, and postpartum period.
(5) This section is repealed, effective July 1, 2027.
Source: L. 2024: Entire section added, (HB 24-1262), ch. 393, p. 2711, � 5,
effective June 4.
Cross references: For the legislative declaration in HB 24-1262, see section 1
of chapter 393, Session Laws of Colorado 2024.
C.R.S. § 25-3-132
25-3-132. Rural and frontier hospital capital needs study - task force - creation - report - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:
(a) Many of Colorado's rural and frontier hospitals operate in outdated
facilities, and some facilities have not had any meaningful upgrades for decades;
(b) These hospitals struggle with the increased maintenance costs
necessary to keep facilities operational and are falling behind in being able to provide care that is consistent with current standards; and
(c) An informal study conducted by Colorado Rural Futures, a group of chief
executive officers of Colorado rural and frontier hospitals, identified approximately five hundred million dollars in needed upgrades for facilities of hospitals that were responsive to the informal study, but the capital needs of rural and frontier hospitals throughout the state could require an investment of as much as one billion dollars.
(2) As used in this section, unless the context otherwise requires:
(a) Frontier area means a county in the state that has a population density
of six or fewer individuals per one square mile.
(b) Rural and frontier hospital means a hospital that is licensed as a
general or critical access hospital by the department and that operates in a rural area or a frontier area.
(c) Rural area means an area listed as eligible for rural health funding by
the federal office of rural health policy.
(d) Study means the study required pursuant to this section.
(e) Task force means the rural and frontier hospital capital needs study
task force created in subsection (4)(a) of this section.
(3) Subject to oversight by the task force, the department shall study or
shall contract for a study to evaluate the capital needs of Colorado rural and frontier hospitals. The study must:
(a) Objectively measure the number of studied facilities that are not code
compliant in accordance with the current and relevant edition of the Facility Guidelines Institute Guidelines for Design and Construction of Health Care Facilities;
(b) Identify the age of core facilities and additions that have been made to
such buildings;
(c) Evaluate the estimated project cost, including construction costs and
relevant planning, design, and engineering costs, per square foot to renovate or replace facilities identified as having capital needs;
(d) Make a reasonable estimate of the total cost of capital needs per facility
and the aggregate total cost of capital needs for all facilities identified in the study; and
(e) Review or evaluate any other matters concerning capital needs of rural
and frontier hospitals that are requested by the task force.
(4) (a) (I) There is created the rural and frontier hospital capital needs study
task force for the purposes of developing and approving the parameters of the study and overseeing the study and the report of the results of the study.
(II) In addition to the purpose of the task force set forth in subsection (4)(a)(I)
of this section, the task force may facilitate contracting with a private sector consulting company to assist with data compilation, research, and outreach to rural and frontier hospitals. The task force may establish the frequency that the task force wants the company to report back to the task force.
(b) (I) Subject to subsection (4)(b)(II) of this section, no later than two months
after sufficient funding has been secured in accordance with subsection (6)(a) of this section, members shall be appointed to the task force as follows:
(A) The governor shall appoint three members; and
(B) The president of the senate, the speaker of the house of representatives,
the minority leader of the senate, and the minority leader of the house of representatives shall appoint one member each.
(II) The composition of members appointed to the task force must be as
follows:
(A) Three members who work in rural or frontier hospitals;
(B) One member who works as an architect professional;
(C) One member who works as a construction contractor professional;
(D) One member who represents hospitals; and
(E) One member of the general public who lives in a rural area or frontier
area.
(c) The task force shall hold its first meeting within two months of all
appointments being made to the task force pursuant to subsection (4)(b) of this section and meet at least quarterly after its first meeting until the report required by subsection (5) of this section is completed and may meet more frequently before that date if needed. Meetings of the task force may be in person or online.
(5) Not later than eighteen months after the date that the task force holds
its first meeting, the department shall complete the study and compile the results of the study into a report. The department shall present the report to the house of representatives health and human services committee and the senate health and human services committee, or their successor committees.
(6) (a) It is the intent of the general assembly that the implementation of this
section be funded entirely by gifts, grants, and donations; that gifts, grants, and donations will be received throughout the course of the study; and that, in accordance with section 24-75-1305, no additional general fund money be appropriated for the implementation of this section. The department and the task force may seek, accept, and expend gifts, grants, or donations from private or public sources to implement this section. The department shall not implement this section unless it receives an amount of gifts, grants, and donations that it deems necessary to implement this section.
(b) The study is contingent on money being available to carry out the study.
If money is not available for the task force, the department, or any other entity to carry out its duties required pursuant to this section, the task force, the department, or the entity is not required to carry out the duties. A contract with a third-party entity that will provide services related to the study must be contingent on money being available for that purpose.
(7) This section is repealed, effective July 1, 2027.
Source: L. 2025: Entire section added, (HB 25-1223), ch. 439, p. 2527, � 1,
effective August 6.
C.R.S. § 25-3-605
25-3-605. Confidentiality. (1) Except as provided by subsection (5) of this section, all information and materials obtained and compiled by the department under this part 6 or compiled by a health facility under this part 6, including all related information and materials, are confidential; are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to any person, subject to subsection (2) of this section; and may not be admitted as evidence or otherwise disclosed in a civil, criminal, or administrative proceeding.
(2) The confidential protections under subsection (1) of this section shall
apply without regard to whether the information or materials are obtained from or compiled by a health facility or an entity that has ownership or management interests in a health facility.
(3) The transfer of information or materials under this part 6 is not a waiver
of a privilege or protection granted under law.
(4) Information reported by a health facility under this part 6 and analyses,
plans, records, and reports obtained, prepared, or compiled by a health facility under this part 6 and all related information and materials are subject to an absolute privilege and shall not be used in any form against the health facility, its agents, employees, partners, assignees, or independent contractors in any civil, criminal, or administrative proceeding, regardless of the means by which a person came into possession of the information, analysis, plan, record, report, or related information or materials.
(5) The provisions of this section regarding the confidentiality of information
or materials compiled or reported by a health facility in compliance with or as authorized under this part 6 shall not restrict access, to the extent authorized by law, by the patient or the patients' legally authorized representative to records of the patient's medical diagnosis or treatment or to other primary health records.
Source: L. 2006: Entire part added, p. 1573, � 1, effective June 2.
C.R.S. § 25-37-102
25-37-102. Definitions. As used in this article 37, unless the context otherwise requires:
(1) Category of coverage means one of the following types of coverage
offered by a person or entity:
(a) Health maintenance organization plans;
(b) Any other commercial plan or contract that is not a health maintenance
organization plan;
(c) Medicare;
(d) Medicaid; or
(e) Workers' compensation.
(2) CMS means the federal centers for medicare and medicaid services in
the United States department of health and human services.
(3) CPT code set means the current procedural terminology code, or its
successor code, as developed and copyrighted by the American medical association, or its successor entity, and adopted by the CMS as a HIPAA code set.
(4) Repealed.
(5) HCPCS means the Healthcare Common Procedure Coding System
developed by the CMS for identifying health-care services in a consistent and standardized manner.
(6) Health-care contract or contract means a contract entered into or
renewed between a person or entity and a health-care provider for the delivery of health-care services to others.
(7) Health-care provider means a person licensed or certified in this state
to practice medicine, pharmacy, chiropractic, nursing, physical therapy, podiatry, dentistry, optometry, occupational therapy; to practice as a certified midwife; or to practice other healing arts. Health-care provider also means an ambulatory surgical center, a licensed pharmacy or provider of pharmacy services, and a professional corporation or other corporate entity consisting of licensed health-care providers as permitted by the laws of this state.
(8) HIPAA code set means any set of codes used to encode elements, such
as tables of terms, medical concepts, medical diagnostic codes, or medical procedure codes, that have been adopted by the secretary of the United States department of health and human services pursuant to the federal Health Insurance Portability and Accountability Act of 1996, as amended. HIPAA code set includes the codes and the descriptors of the codes.
(9) (a) Material change means a change to a contract that decreases the
health-care provider's payment or compensation, changes the administrative procedures in a way that may reasonably be expected to significantly increase the provider's administrative expense, replaces the maximum allowable cost list used with a new and different maximum allowable cost list by a person or entity for reimbursement of generic prescription drug claims, or adds a new category of coverage.
(b) Material change does not include:
(I) A decrease in payment or compensation resulting solely from a change in
a published fee schedule upon which the payment or compensation is based and the date of applicability is clearly identified in the contract;
(II) A decrease in payment or compensation resulting from a change in the
fee schedule specified in a contract for pharmacy services such as a change in a fee schedule based on average wholesale price or maximum allowable cost;
(III) A decrease in payment or compensation that was anticipated under the
terms of the contract, if the amount and date of applicability of the decrease is clearly identified in the contract;
(IV) An administrative change that may significantly increase the provider's
administrative expense, the specific applicability of which is clearly identified in the contract;
(V) Changes to an existing prior authorization, precertification, notification,
or referral program that do not substantially increase the provider's administrative expense; or
(VI) Changes to an edit program or to specific edits; however, the person or
entity shall provide notice of the changes to the health-care provider in accordance with paragraph (c) of this subsection (9), and the notice shall include information sufficient for the health-care provider to determine the effect of the change.
(c) If a change to the contract is administrative only and is not a material
change, the change shall be effective upon at least fifteen days' notice to the health-care provider. All other notices shall be provided pursuant to the contract.
(10) National correct coding initiative or NCCI means the system
developed by the CMS to promote consistency in national correct coding methodologies and to control improper coding leading to inappropriate payment in medicare part B claims for professional services.
(11) National initiative means a collaborative effort led by or occurring
under the direction of the secretary of the United States department of health and human services, which includes a diverse group of stakeholders, to create a level of understanding of the impact of coding edits on the industry and a uniform, standardized set of claim edits that meets the needs of the stakeholders in the industry.
(12) Person or entity means a person or entity that has a primary business
purpose of contracting with health-care providers for the delivery of health-care services.
(13) Pharmacy benefit manager means an entity doing business in this
state that contracts to administer or manage prescription drug benefits on behalf of any carrier that provides prescription drug benefits to residents of this state. Pharmacy benefit manager does not include the department of health care policy and financing created in section 25.5-1-104, C.R.S.
Source: L. 2010: Entire article amended with relocations, (HB 10-1332), ch.
300, p. 1413, � 1, effective May 26. L. 2014: (13) added, (HB 14-1213), ch. 362, p. 1702, � 1, effective January 1, 2015. L. 2016: (4) repealed, (SB 16-127), ch. 68, p. 173, � 2, effective July 1. L. 2023: IP and (7) amended, (SB 23-167), ch. 261, p. 1549, � 61, effective May 25.
Editor's note: This section is similar to former � 25-37-101 (2) as it existed
prior to 2010.
C.R.S. § 25-37-108
25-37-108. Assignment of rights - requirements. (1) A person or entity shall not assign, allow access to, sell, rent, or give the person's or entity's rights to the health-care provider's services pursuant to the person's or entity's contract unless the person or entity complies with the requirements of this section.
(2) A person or entity may assign, allow access to, sell, rent, or give his, her,
or its rights to the health-care provider's services pursuant to the person's or entity's contract if one of the following situations exists:
(a) The third party accessing the health-care provider's services under the
contract is an employer or other entity providing coverage for health-care services to its employees or members and such employer or entity has, with the person or entity contracting with the health-care provider, a contract for the administration or processing of claims for payment or service provided pursuant to the contract with the health-care provider;
(b) The third party accessing the health-care provider's services under the
contract is an affiliate of, subsidiary of, or is under common ownership or control with the person or entity; or, is providing or receiving administrative services from the person or entity or an affiliate of, or subsidiary of, or is under common ownership or control with the person or entity; or
(c) The health-care contract specifically provides that it applies to network
rental arrangements and states that it is for the purpose of assigning, allowing access to, selling, renting, or giving the person's or entity's rights to the health-care provider's services.
(3) In addition to satisfying the requirements of subsection (2) of this section,
a person or entity may assign, allow access to, sell, rent, or give his, her, or its rights under the contract to the services of the health-care provider only if:
(a) The individuals receiving services under the health-care provider's
contract are provided with appropriate identification stating where claims should be sent and where inquiries should be directed; and
(b) The third party accessing the health-care provider's services through the
health-care provider's contract is obligated to comply with all applicable terms and conditions of the contract; except that a self-funded plan receiving administrative services from the person or entity or its affiliates shall be solely responsible for payment to the provider.
Source: L. 2010: Entire article amended with relocations, (HB 10-1332), ch.
300, p. 1423, � 1, effective May 26.
Editor's note: This section is similar to former � 25-37-101 (10) as it existed
prior to 2010.
C.R.S. § 25-37-109
25-37-109. Waiver of rights prohibited. Except as permitted by this article, a person or entity shall not require, as a condition of contracting, that a health-care provider waive or forego any right or benefit to which the health-care provider may be entitled under state or federal law, rule, or regulation that provides legal protections to a person solely based on the person's status as a health-care provider providing services in this state.
Source: L. 2010: Entire article amended with relocations, (HB 10-1332), ch.
300, p. 1424, � 1, effective May 26.
Editor's note: This section is similar to former � 25-37-101 (11) as it existed
prior to 2010.
C.R.S. § 25-4-2402
25-4-2402. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Immunization is one of the most important ways to protect individuals and
communities against serious infectious diseases and their consequences, and widespread immunization has virtually eliminated many serious diseases that were once responsible for millions of infections and thousands of deaths each year.
(b) Although immunization rates of infants, children, adolescents, and adults
in Colorado have improved over the last several years, there is a need to continue to improve the rates so that fewer individuals are put at risk from vaccine-preventable diseases.
(c) Timely vaccination of children, adolescents, and adults not only protects
them against common, sometimes serious, and potentially fatal diseases, but also serves the community as one of the most successful and cost-effective public health tools available for the prevention and spread of these infections, and the vaccines are safe and highly protective, particularly when administered according to recommended schedules.
(d) More than twenty percent of preschool-aged children in Colorado are not
fully vaccinated and are at increased risk of contracting and spreading vaccine-preventable diseases.
(e) It is unnecessary for children, adolescents, and adults to be subjected to
suffering or death from diseases that are immunization preventable.
(f) In 2005, hospital charges for the care of children with vaccine-preventable diseases exceeded twenty-five million dollars. Additionally, tens of
millions of dollars were spent on the costs of the outpatient care of affected children, in addition to the costs of the loss of productivity and absences from work for caregivers due to the absences of children from school.
(g) Over the past three decades, the recommended vaccination schedules for
children and adults have become increasingly more complex as vaccines have been combined, new vaccines have been added, and the delivery system has incorporated more manufacturers, distributors, and providers. Additionally, local and national vaccine shortages and distribution errors have resulted in compromised vaccination initiatives.
(h) For Colorado to be consistent with the healthy people 2010 initiative and
reach the goal of immunizing ninety percent of all children in the state in a timely and expeditious manner, the Colorado immunization information system must be funded and sustained. The Colorado immunization information system may also provide a secure method for authorized individuals and entities to access information collected by public agencies.
(2) Therefore, the general assembly supports the expansion of the Colorado
immunization registry and supports increased access to immunizations for persons in Colorado.
Source: L. 2007: Entire part added, p. 659, � 6, effective April 26.
C.R.S. § 25-4-2403
25-4-2403. Department of public health and environment - powers and duties - immunization tracking system - rules - definitions. (1) In order to expand the immunization registry and increase access to immunizations, the department may address:
(a) Mechanisms for:
(I) Maximizing federal funds to purchase, distribute, and deliver vaccines for
individuals in Colorado; and
(II) Statewide purchase, distribution, and prioritization of vaccines, including
childhood immunizations and the seasonal influenza vaccine;
(b) Methods to reduce the administrative burden of providing immunizations
to individuals in Colorado by reviewing current immunization activities and strategies and epidemiological data related to vaccine-preventable diseases and identifying opportunities to implement best practices for immunizations throughout Colorado using innovative strategies that are population-specific, culturally sensitive, and inclusive; address safety issues; and enhance current services;
(c) Options for Colorado to more effectively purchase, distribute, and deliver
vaccines to insured, underinsured, and uninsured individuals;
(d) The pursuit of private and public partnerships for funding for the
immunization registry infrastructure;
(e) Options for the most effective and cost-effective use of funds that may
be available to the department of public health and environment to address vaccine delivery in the state; and
(f) The ability of the department of health care policy and financing to
purchase vaccines recommended by ACIP through a purchasing system, if developed pursuant to this subsection (1) and subsection (1.3) of this section, for children who are enrolled in the children's basic health plan created in article 8 of title 25.5, C.R.S.
(1.3) (a) The department shall convene a task force of interested
stakeholders to consider the issues identified in subsection (1) of this section. The task force must consist of at least the following persons or groups:
(I) Primary care providers, including essential community providers,
pediatricians, family physicians, mid-level providers, and practice managers;
(II) Pharmacists from both independent and chain pharmacies;
(III) Local public health providers;
(IV) Child health advocates;
(V) Health insurers and other persons who pay for health-care services;
(VI) A representative from a Colorado-based innovative vaccine company;
(VII) Pharmaceutical manufacturers; and
(VIII) Representatives from the departments of public health and
environment and health care policy and financing.
(b) The task force shall make recommendations to the department and the
board on the financing, ordering, and delivery of childhood immunizations, including through any of the following methods:
(I) A public-private model of vaccine purchase and delivery;
(II) Just-in-time delivery;
(III) Inventory management, including vaccine choices, combination vaccines,
and equivalent vaccines;
(IV) Outbreak response;
(V) Linkage between the immunization tracking system established pursuant
to subsection (2) of this section and vaccine inventory;
(VI) Vaccine shortage response;
(VII) Preservation of vaccine delivery in a medical home model of care;
(VIII) Mechanisms for local public health entities to bill health insurance
carriers; and
(IX) Continuation and preservation of current models of vaccine purchase,
financing, and delivery and the ability of health-care providers to use those current models or any new models that may be developed pursuant to this subsection (1.3) and subsection (1) of this section.
(c) The board may adopt rules as necessary to implement the
recommendations of the task force.
(d) No health-care provider is compelled to participate in a vaccine
purchasing system, if such system is developed pursuant to this section.
(2) To enable the gathering of epidemiological information and investigation
and control of communicable diseases, the department of public health and environment shall maintain a comprehensive immunization tracking system with immunization information gathered by state and local public health officials from the following sources:
(a) Practitioners;
(b) Clinics;
(c) Schools;
(d) Parents, legal guardians, or persons authorized to consent to
immunization pursuant to section 25-4-1704;
(e) Individuals;
(f) Managed care organizations or health insurance plans in which an
individual is enrolled as a member or insured, if such managed care organization or health insurer reimburses or otherwise financially provides coverage for immunizations;
(g) Hospitals;
(h) The department of health care policy and financing with respect to
individuals who are eligible for coverage under the Colorado Medical Assistance Act, articles 4, 5, and 6 of title 25.5, C.R.S.; and
(i) Persons and entities that have contracted with the state pursuant to
paragraph (d) of subsection (9) of this section.
(2.5) (a) A practitioner who is a licensed physician, a physician assistant
authorized pursuant to section 12-240-107 (6), an advanced practice registered nurse, or a person authorized pursuant to title 12 to administer immunizations within his or her scope of practice shall submit immunization, medical exemption, or nonmedical exemption data to the tracking system.
(b) Notwithstanding subsection (2.5)(a) of this section, a practitioner who is a
licensed physician, a physician assistant authorized pursuant to section 12-240-107 (6), an advanced practice registered nurse, or a person authorized pursuant to title 12 to administer immunizations within his or her scope of practice is not subject to a regulatory sanction for failing to submit immunization, medical exemption, or nonmedical exemption data to the immunization tracking system.
(3) Records in the immunization tracking system shall be strictly confidential
and shall not be released, shared with any agency or institution, or made public upon subpoena, search warrant, discovery proceedings, or otherwise, except under the following circumstances:
(a) Medical and epidemiological information may be released in a manner
such that no individual person can be identified.
(b) Immunization records and epidemiological information may be released
to the extent necessary for the treatment, control, investigation, and prevention of vaccine-preventable diseases; except that every effort shall be made to limit disclosure of personal identifying information to the minimum amount necessary to accomplish the public health purpose.
(c) Immunization records and epidemiological information may be released
to the individual who is the subject of the record, to a parent of a minor individual, to a guardian or person authorized to consent to immunization under section 25-4-1704, to the physician, clinic, hospital, or licensed health-care practitioner treating the person who is the subject of an immunization record, to a school in which such person is enrolled, or any entity or person described in paragraph (f), (h), or (i) of subsection (2) of this section.
(4) An officer, employee, or agent of the department of public health and
environment or a county, district, or municipal public health agency shall not be examined in any judicial, executive, legislative, or other proceeding as to the existence or content of any individual's report obtained by such department without consent of the individual or the individual's parent or guardian. However, this subsection (4) shall not apply to individuals who are under isolation, quarantine, or other restrictive action taken pursuant to section 25-1.5-102 (1)(c).
(5) (a) An officer, employee, or agent of the department of public health and
environment or any other person who violates this section by releasing or making public confidential immunization records or epidemiological information in the immunization tracking system or by otherwise breaching the confidentiality requirements of this section or releasing such information without authorization commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501 (1). The unauthorized release of each record shall constitute a separate offense.
(b) A natural person who, in exchange for money or any other thing of value,
violates this section by wrongfully releasing or making public confidential immunization records or epidemiological information in the immunization tracking system or by otherwise breaching the confidentiality requirements of this section or releasing such information without authorization commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501 (1).
(c) A business entity who, in exchange for money or any other thing of value,
violates this section by wrongfully releasing or making public confidential immunization records or epidemiological information in the immunization tracking system or by otherwise breaching the confidentiality requirements of this section or releasing such information without authorization shall be assessed a civil penalty of ten thousand dollars per sale of information per subject of such information.
(6) (a) The department of public health and environment or the department's
contractor may directly contact the individual who is the subject of immunization records or the individual's parent or legal guardian for the purpose of notifying the individual, parent, or legal guardian if immunizations are due or overdue as indicated by the advisory committee on immunization practices of the United States department of health and human services or the American academy of pediatrics. The department or the department's contractor shall contact the individual, parent, or legal guardian if it is necessary to control an outbreak of or prevent the spread of a vaccine-preventable disease pursuant to section 25-1.5-102 (1)(a) or 25-4-908.
(b) A notice given to an individual or a parent or legal guardian of an
individual under eighteen years of age pursuant to this subsection (6) shall also inform the individual, parent, or legal guardian of the option to refuse an immunization on the grounds of medical, religious, or personal belief considerations pursuant to section 25-4-903.
(7) An individual or a parent or legal guardian who consents to the
immunization of an infant, a child, or a student pursuant to part 9 or 17 of this article 4 or this part 24 may exclude immunization information from the immunization tracking system. The individual, parent, or legal guardian may remove such immunization information from the immunization tracking system at any time. The department of public health and environment shall ensure that the process to exclude immunization information from the system is readily available and not burdensome. The physician, licensed health-care practitioner, clinic, hospital, or county, district, or municipal public health agency shall inform the individual, parent, or legal guardian of the option to exclude such information from such system and the potential benefits of inclusion in such system. In addition, the physician, licensed health-care practitioner, clinic, hospital, or county, district, or municipal public health agency shall inform such parent or legal guardian of a minor individual of the option to refuse an immunization on the grounds of medical, religious, or personal belief considerations pursuant to section 25-4-903. Neither refusing an immunization on the grounds of medical, religious, or personal belief considerations pursuant to section 25-4-903 nor opting to exclude immunization notification information from the immunization tracking system by itself constitutes child abuse or neglect by a parent or legal guardian for the purposes of part 3 of article 3 of title 19.
(8) A person licensed to practice medicine pursuant to article 240 of title 12;
a person licensed to practice nursing or as a certified midwife pursuant to part 1 of article 255 of title 12; any other licensed health-care practitioner as defined in section 25-4-1703; providers of county nursing services; staff members of health-care clinics, hospitals, and offices of private practitioners; county, district, and municipal public health agencies; and all persons and entities listed in subsection (2) of this section are authorized to report to the immunization tracking system and to use the reminder and recall process established by the immunization tracking system.
(9) The department of public health and environment may:
(a) Issue immunization records to individuals, parents, or guardians
authorized to consent to immunizations;
(b) Assess the vaccination status of individuals;
(c) Accept any gifts or grants or awards of funds from the federal
government or private sources for the implementation and operation of the immunization tracking system, which shall be credited to the immunization fund created in section 25-4-1708; and
(d) Enter into contracts that are necessary for the implementation and
operation of the immunization tracking system. A person who enters into a contract pursuant to this paragraph (d) shall only use the information gathered from the immunization tracking system in accordance with this part 24 and shall be subject to all applicable state and federal laws regarding the confidentiality of information.
(10) County, district, and municipal public health agencies and the
department of public health and environment shall use the birth certificate of any person to enroll the person in an immunization tracking system. The use of the birth certificate shall be considered an official duty of local health departments and the department of public health and environment.
(11) Physicians, licensed health-care practitioners, clinics, schools, licensed
child care providers, hospitals, managed care organizations or health insurance plans in which an individual is enrolled as a member or insured, persons that have contracted with the department of public health and environment pursuant to paragraph (d) of subsection (9) of this section, and public health officials may release any immunization records in their possession, whether or not such records are in the immunization tracking system, to the persons or entities specified in subsection (2) of this section to provide treatment for such individual or to provide an accurate and complete immunization record for the individual.
(12) The department of public health and environment shall disseminate
information about the immunization tracking system, including providing notification pursuant to subsection (7) of this section to birthing hospitals. The hospitals shall provide the notices to the parents of newborns.
(13) As used in this section:
(a) ACIP means the advisory committee on immunization practices to the
centers for disease control and prevention in the federal department of health and human services, or its successor entity.
(b) Board means the state board of health created in section 25-1-103.
(c) Department means the department of public health and environment
created in section 25-1-102.
(d) Equivalent vaccines means two or more vaccines that:
(I) Protect a recipient of the vaccine against the same infection;
(II) Have similar safety and efficacy profiles; and
(III) Are recommended for comparable populations by the federal centers for
disease control and prevention.
Source: L. 2007: Entire part added, p. 660, � 6, effective April 26. L. 2010: (4),
(7), (8), and (10) amended, (HB 10-1422), ch. 419, p. 2101, � 114, effective August 11. L. 2013: IP(1), (1)(a), (1)(c), and (1)(f) amended and (1.3) and (13) added, (SB 13-222), ch. 350, p. 2031, � 4, effective May 28. L. 2019: (8) amended, (HB 19-1172), ch. 136, p. 1703, � 161, effective October 1. L. 2020: IP(2) amended and (2.5) added, (SB 20-163), ch. 134, p. 586, � 8, effective June 26; (8) amended, (HB 20-1183), ch. 157, p. 703, � 60, effective July 1; (7) amended, (HB 20-1297), ch. 264, p. 1266, � 2, effective September 14. L. 2021: (5)(a) and (5)(b) amended, (SB 21-271), ch. 462, p. 3235, � 456, effective March 1, 2022. L. 2023: (8) amended, (SB 23-167), ch. 261, p. 1549, � 59, effective May 25.
Cross references: For the legislative declaration in the 2013 act amending
the introductory portion to subsection (1) and subsections (1)(a), (1)(c), and (1)(f) and adding subsections (1.3) and (13), see section 1 of chapter 350, Session Laws of Colorado 2013. For the legislative declaration in SB 20-163, see section 1 of chapter 134, Session Laws of Colorado 2020.
C.R.S. § 25-48-118
25-48-118. Health-care facility permissible prohibitions - notice to the public - sanctions if provider violates policy. (1) A health-care facility may prohibit a provider employed or under contract from writing a prescription for medical aid-in-dying medication for a qualified individual who intends to use the medical aid-in-dying medication on the facility's premises. The health-care facility must notify the providers and staff at the time of hiring, contracting with, or privileging and on a yearly basis thereafter in writing of its policy with regard to prescriptions for medical aid-in-dying medication. A health-care facility that fails to provide explicit advance notice to the providers and staff shall not enforce such a policy.
(2) A health-care facility or health-care provider shall not subject a
physician, nurse, pharmacist, or other person to discipline, suspension, loss of license or privileges, or any other penalty or sanction for actions taken in good-faith reliance on this article or for refusing to act under this article.
(2.5) A health-care facility shall not prohibit a provider from providing
information to an individual regarding the individual's health status, including diagnosis, prognosis, recommended treatment, and treatment alternatives, including the risks and benefits of the recommended treatment and each treatment alternative.
(2.7) A health facility that is a covered entity, as defined in section 25-58-103 (1), shall comply with section 25-58-105 (3) and rules promulgated pursuant to
section 25-58-105 regarding the facility's availability of end-of-life health-care services.
(3) A health-care facility must notify patients in writing of its policy with
regard to medical aid-in-dying. A health-care facility that fails to provide advance notification to patients shall not be entitled to enforce such a policy.
Source: Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2812,
� 1, effective upon proclamation of the Governor, December 16, 2016. L. 2024: (1) amended and (2.5) and (2.7) added, (SB 24-068), ch. 406, p. 2797, � 14, effective August 7.
C.R.S. § 25-49-103
25-49-103. Transparency - charges for services rendered by health-care providers. (1) (a) (I) Except as provided in subsection (1)(a)(II) or (1)(a)(III) of this section, a health-care provider shall make available to the public, in a single document, either electronically or by posting conspicuously on the provider's website if one exists, the health-care prices for at least the fifteen most common health-care services the health-care provider provides. If the health-care provider, in the normal course of his or her practice, regularly provides fewer than fifteen health-care services, the health-care provider shall make available the health-care prices for the health-care services the provider most commonly provides.
(II) A health-care provider practicing in a solo practice or in a medical group,
independent practice association, or professional corporation comprised of not more than six individual health-care providers with the same license type may comply with the requirements of this section by making the health-care prices described in subsection (1)(a)(I) of this section available in patient waiting areas.
(III) A health-care provider who is a member of a professional corporation
that contracts with a single health maintenance organization, as defined in section 10-16-102 (35), complies with this section if the professional corporation or its contracting health maintenance organization makes available to the public, in a single document, either electronically or by posting conspicuously on its website, the health-care prices for at least the fifteen most common health-care services that the health-care provider or health maintenance organization would charge individuals who are not members of the health maintenance organization.
(b) The health-care provider shall identify the services by:
(I) A common procedural terminology code or other coding system
commonly used by the health-care provider and accepted as a national standard for billing; and
(II) A plain English description.
(c) The health-care provider shall update the document as frequently as the
health-care provider deems appropriate, but at least annually.
(2) The health-care provider shall include:
(a) A disclosure specifying that the health-care price for any given health-care service is an estimate and that the actual charges for the health-care service
are dependent on the circumstances at the time the service is rendered; and
(b) The following statement or a statement containing substantially similar
information:
If you are covered by health insurance, you are strongly encouraged to consult with your health insurer to determine accurate information about your financial responsibility for a particular health-care service provided by a health-care provider at this office. If you are not covered by health insurance, you are strongly encouraged to contact our billing office at (insert telephone number) to discuss payment options prior to receiving a health-care service from a health-care provider at this office since posted health-care prices may not reflect the actual amount of your financial responsibility.
(3) A hospital-based health-care provider that is not an employee of the
hospital where the services are being delivered is not required to provide health-care prices in the manner specified in this section for the health-care services the health-care provider renders in the hospital setting.
(4) Nothing in this section precludes a health-care provider from informing a
current or potential patient, upon request of the patient, of the health-care price for a health-care service that the health-care provider renders.
Source: L. 2017: Entire article added, (SB 17-065), ch. 113, p. 405, � 1,
effective January 1, 2018.
C.R.S. § 25-5-1406
25-5-1406. Enforcement - verifications of compliance - civil action by attorney general - penalties. (1) The executive director shall:
(a) Verify major retailers' and distributors' compliance with the provisions of
this part 14 through online spot-checks, coordination with other states that have similar standards, or both;
(b) Conduct such verifications at least once before January 1, 2026, and
again at least once before January 1, 2031;
(c) Deliver a report on the method and findings of the verifications to the
energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and
(d) Deliver any findings of violations to the attorney general.
(2) On or before January 1, 2025, the executive director shall establish a
process whereby individuals may anonymously report potential violations of this part 14 on the department of public health and environment's public website. The executive director shall investigate any reported potential violation and shall report any confirmed violations to the attorney general.
(3) (a) If the attorney general has probable cause to believe that any person
or group of persons has violated or caused another person to violate section 25-5-1405, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as specified in this subsection (3). Any person who violates or causes another person to violate section 25-5-1405 shall pay a civil penalty of not more than five hundred dollars for each violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4.
(b) For purposes of subsection (3)(a) of this section:
(I) Each transaction or online for-sale product listing involved constitutes a
separate violation; except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations; and
(II) A court shall not impose a fine against a nonmanagerial employee of a
contractor that installs, repairs, or replaces linear or compact fluorescent lamps and collects from the customer an amount representing both parts and labor.
Source: L. 2023: Entire part added, (HB 23-1161), ch. 285, p. 1711, � 8,
effective August 7.
PART 15
REGULATION OF SODIUM NITRITE
Cross references: For the legislative declaration in HB 24-1081, see section 1
of chapter 72, Session Laws of Colorado 2024.
C.R.S. § 25-7-103.5
25-7-103.5. Air quality enterprise - legislative declaration - fund - definitions - gifts, grants, or donations - rules - report - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Colorado faces numerous serious air quality challenges, which are having
substantial adverse health and environmental impacts and impose additional burdens on Colorado's economy;
(b) The state of Colorado and stationary sources share the need for science-based air quality objectives that will require reductions in emissions of ozone
precursors, greenhouse gases, and other pollutants;
(c) Colorado residents and stationary sources will benefit from effective
ozone control strategies that are informed by the best available science to avoid reclassification of areas in attainment to nonattainment status or reclassification from serious to a more stringent category of nonattainment that will impose additional regulatory requirements;
(d) Enhanced monitoring techniques, capacity, and technology will provide
better environmental results at a lower long-term cost;
(e) Air quality monitoring conducted by an enterprise in areas with a high
concentration of air pollution sources will provide trusted data on the overall impact of these air pollution sources on nearby residents, while providing a cost-effective method to monitor the emissions they produce;
(f) Effective engagement with local communities often requires trusted
third-party data and verification regarding emissions and environmental performance;
(g) Improved monitoring of emissions, better accuracy of emission
inventories, and access to trusted science will ensure a level competitive playing field for Colorado businesses;
(h) Stationary sources in Colorado may seek air quality enterprise mitigation
and monitoring services to implement their obligations under rules and permits and environmental, social, and governance objectives;
(i) Emission mitigation and monitoring programs can be more effective with
economies of scale and when conducted on a statewide or regional basis through an enterprise;
(j) The air quality enterprise provides business services when, in exchange
for payment of fees, it provides:
(I) High-quality, independent, and trusted research and science regarding
emissions rates and inventories, monitoring and control technologies, and health effects and emissions impacts;
(II) High-quality, independent, and trusted data regarding pollutant
emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;
(III) Tools, data, and research for more effective community engagement on
air pollution issues;
(IV) Opportunities for trusted and cost-effective mitigation project
development; and
(V) Additional business services to fee payers as may be provided by law;
(k) It is necessary, appropriate, and in the best interest of the state to
acknowledge that, by providing the business services specified in this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(l) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenues collected by the enterprise are fees, not taxes, because the enterprise fees are:
(I) Imposed for the specific purpose of allowing the enterprise to defray the
costs of providing the business services specified in this section to fee payers; and
(II) Collected at rates that are reasonably calculated based on the benefits
received by those entities and the costs of the services the enterprise provides; and
(m) So long as the enterprise qualifies as an enterprise for purposes of
section 20 of article X of the state constitution, the revenue collected by the enterprise under subsection (4) of this section is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b).
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Board means the board of directors of the enterprise.
(b) Department means the department of public health and environment.
(c) Enterprise means the air quality enterprise created in subsection (3) of
this section.
(d) Enterprise fee or fee means money collected through fees authorized
by subsection (4) of this section.
(e) Executive director means the executive director of the department.
(f) Fund means the air quality enterprise cash fund created in subsection
(4) of this section.
(g) Greenhouse gas has the meaning established in section 25-7-140 (6).
(3) Enterprise. (a) There is hereby created in the department the air quality
enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of conducting the business activities specified in this section. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(b) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) In addition to any other powers and duties specified in this section, the
enterprise's powers and duties are to:
(I) Conduct science-based, unbiased air quality modeling, monitoring,
assessment, data analysis, and research, which may include obtaining, analyzing, and reporting permitting and enforcement data; data regarding potential health risks from emissions; emission data; ambient air quality, visibility, and meteorological sampling data; and similar data. The board shall prioritize these activities based on a research project's ability to provide information that will: Support tangible progress toward aiding fee payers' obligations and commitments to reducing air pollutants emitted by the fee payers; support fee payers in attaining standards and health-based or environmental guidelines; and assess public health that may be affected by fee payer emissions. The board shall ensure that all research conducted by the enterprise and its contractors is impartial, transparent, and meets high standards for scientific rigor. The board shall consult with fee payers, atmospheric science and public health experts, engineers with air quality expertise, and community stakeholders on formulating research priorities and shall specifically prioritize:
(A) Enhanced monitoring projects, including the placement of permanent
monitoring stations using gas chromatography or proven, state-of-the-art technology to measure, in real time or nearly so, nitrogen oxides, volatile organic compounds, ozone, methane, and particulates at key locations upwind, downwind, and within high-emission regions;
(B) Regular aerial surveys and observations to assist leak detection and
repair activities, improve the accuracy of emission inventories, and create a better understanding of regional emission profiles; and
(C) Assessing local exposures to and the public health risk impacts of nearby
air toxics sources;
(II) Establish the enterprise fees specified in subsection (4) of this section by
rule and collect the fees;
(III) Allocate enterprise revenues to the services described in this section and
contract for any necessary services from state agencies or other parties, including universities, private entities, and federal laboratories;
(IV) Issue revenue bonds payable from the revenues of the enterprise to
implement its powers and duties;
(V) Receive fees or other payments, including those negotiated to conduct
emission mitigation projects and custom monitoring or technology development or evaluation projects;
(VI) Engage the services of contractors, consultants, and legal counsel,
including institutions of higher education, public research laboratories, private research institutions and consultants with expertise in air quality, the department, and the attorney general's office, for professional and technical assistance, advice, and other goods and services, including information technology, related to the conduct of the affairs of the enterprise without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department may provide office space, administrative services, and staff pursuant to a contract entered into pursuant to this subsection (3)(c)(VI). The board may, in consultation with the executive director or the executive director's designee, hire such other staff as it deems necessary to provide its business services.
(VII) Promote the development of unbiased, high quality science and not
advocate for or develop air quality policy. Consistent with this, the board shall not participate as a party in any air-quality-related rule-making proceedings or have any role in the implementation of Colorado's air quality laws.
(VIII) Receive payments to finance specific projects, including community-based monitoring or emission mitigation projects in the state or in a specified area
of the state, as directed by this article 7 or any program that the commission establishes by rule pursuant to this article 7.
(d) (I) The enterprise is governed by a board of directors. The board consists
of:
(A) The executive director or the executive director's designee;
(B) The following members appointed by the governor: Two members of the
commission; two representatives of fee payers with expertise in field engineering or environmental management; one member with significant private sector experience in the field of business management; and four members who are highly qualified and professionally active or engaged in the conduct of scientific research, including at least two who are experts in atmospheric or air quality modeling, monitoring, assessment, and research and one member who is a toxicologist, epidemiologist, pathologist, pulmonologist, cardiologist, or expert in a similar field related to the public health or environmental effects of air pollutants.
(II) To the extent practicable, at least two of the governor appointees must
be individuals who have a record of peer-reviewed publications and who are affiliated with, currently hold, or have held academic or equivalent appointments at universities, federal laboratories, or other research institutions.
(e) The executive director or the executive director's designee, in the
capacity of a member of the board, shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. The appointed members of the board are entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending official board meetings.
(f) The term of office of appointed board members is three years.
(g) The board shall conduct the enterprise's business as required by state
law, including the open meeting requirements of part 4 of article 6 of title 24 and the open record requirements of article 72 of title 24.
(4) Fund - enterprise fees and other revenue. (a) There is hereby created in
the state treasury the air quality enterprise cash fund. The fund consists of money credited to the fund pursuant to this subsection (4), payments for other purposes as authorized under subsection (3)(c)(VIII) of this section, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(b) The board shall establish by rule enterprise fees, which may include the
following enterprise fees in an amount that, in the aggregate, reflects the value of the services provided:
(I) A fee per ton of air pollutant emitted by a stationary source annually,
which fee may vary based on the air pollutant relative to the extent of research or mitigation needs associated with the pollutant;
(II) A fee for custom or additional air quality modeling, monitoring,
assessment, or research services; and
(III) A fee for emission mitigation project services sought by fee payers.
(c) Money in the fund is continuously appropriated to the enterprise to
accomplish the purposes set forth in subsection (3)(c) of this section, including to:
(I) Conduct and broadly disseminate air quality modeling, monitoring,
assessment, data analysis, health risk assessment, and research related to stationary sources that:
(A) Follow or advance best practices for risk assessment, risk management,
monitoring, modeling, and assessment;
(B) Use consistent, data-driven, and transparent processes for scoping and
prioritizing activities; and
(C) Use the best available scientific information;
(II) Provide high-quality, independent, and trusted research and development
services regarding stationary source emissions rates and inventories, monitoring and control technologies, and public health risk impacts from those emissions;
(III) Provide high-quality, independent, and trusted data regarding pollutant
emissions from stationary sources and concentrations to reduce waste of valuable products and resource streams, enhance cost-effective regulatory compliance, and support corporate environmental, social, and governance objectives;
(IV) Provide trusted and cost-effective mitigation project services to meet
corporate sustainability, settlement, and other objectives;
(V) Provide additional business services to fee payers as may be provided by
law; and
(VI) Provide its data to fee payers, the division, and the commission to
facilitate the fee payers' emissions mitigation and compliance efforts and the division's and commission's enforcement and administration of this article 7.
(d) The enterprise shall dedicate a meaningful portion of its annual revenues
toward competitive grants to conduct highly qualified, peer-reviewed research related to research priorities identified by the board. Before finalizing a draft research product, the board shall post the draft on the board's website and allow a period of time for public comment on the draft. The board shall publish the research products and make them and all data collected pursuant to enterprise-funded research publicly available.
(e) Before establishing fees, the board shall conduct a stakeholder process
to solicit input from potential fee payers and other stakeholders on the appropriate fee structure. The enterprise shall not collect any fees before July 1, 2021. The amount of enterprise fees collected under subsection (4)(b)(I) of this section is limited as follows:
(I) For state fiscal year 2021-22, fees must not exceed one million dollars;
(II) For state fiscal year 2022-23, fees must not exceed three million dollars;
(III) For state fiscal year 2023-24, fees must not exceed four million dollars;
and
(IV) (A) For state fiscal years commencing on or after July 1, 2024, fees must
not exceed five million dollars.
(B) Subsections (4)(e)(I) to (4)(e)(III) of this section and this subsection
(4)(e)(IV)(B) are repealed, effective September 1, 2026.
(f) The board may seek, accept, and expend gifts, grants, or donations from
private or public sources for the purposes of this section.
(5) Report. Notwithstanding section 24-1-136 (11)(a)(I), the board shall
provide a report to the committees of reference of the general assembly with jurisdiction over public health and the environment by December 1 of each year. The report must include summaries of the board's prioritization of research needs; modeling, monitoring, assessment, and research accomplished by the enterprise; the enterprise's completed, ongoing, and planned emission mitigation services; use of the fund; enterprise fees; and the value of business services provided to fee payers through the operation of the enterprise.
(6) Repeal. (a) This section is repealed, effective September 1, 2034. Before
the repeal, the enterprise is scheduled for review in accordance with section 24-34-104.
(b) On September 1, 2034, the state treasurer shall transfer all unallocated
money in the fund to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).
Source: L. 2020: Entire section added, (SB 20-204), ch. 192, p. 884, � 2,
effective July 1. L. 2022: (3)(d) and (3)(f) amended, (SB 22-013), ch. 2, p. 59, � 76, effective February 25; (1)(m), (4)(a), and IP(4)(e) amended and (3)(c)(VIII) added, (SB 22-193), ch. 300, p. 2156, � 5, effective June 2; (3)(a) amended, (SB 22-162), ch. 469, p. 3368, � 48, effective August 10.
Cross references: For the short title (Clean Up Colorado's Air Act) in SB 20-204, see section 1 of chapter 192, Session Laws of Colorado 2020. For the short title
(the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 25-7-114.5
25-7-114.5. Application review - public participation. (1) Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application.
(2) The division shall evaluate permit applications to determine, for
construction permits, whether operation of the proposed new source at the date of start-up and for operating permits, whether the permitted emissions, will comply with all applicable emission control regulations, regulations for the control of hazardous pollutants, and requirements of part 2 or 3 of this article.
(3) The division shall also determine whether applications are for a new
source activity that may have an impact upon areas which, as of the projected new source start-up date, are in compliance with national ambient air quality standards as of the date of the permit application or for new source activity that may have an impact upon areas which, as of the projected new source start-up date, are not in compliance with national ambient air quality standards as of the date of the permit application. In implementing this subsection (3), the division may consider more stringent methods for new sources of oxides of nitrogen in disproportionately impacted communities in the area designated nonattainment for ozone by the United States environmental protection agency.
(4) The division shall prepare its preliminary analysis regarding compliance,
as set forth in subsection (2) of this section, and regarding the impact on attainment or nonattainment areas, as set forth in subsection (3) of this section, as expeditiously as possible. For construction permits not subject to part 2 of this article, such preliminary analysis shall be completed no later than sixty calendar days after receipt of a completed permit application. Applicants must be advised within sixty calendar days after receipt of any application, or supplement thereto, if and in what respects the subject application is incomplete. Upon failure of the division to so notify the applicant within sixty calendar days of its filing, the application shall be deemed complete. Applications for construction permits subject to part 2 of this article shall be approved or disapproved within twelve months of receipt of a complete application. Applications for renewable operating permits shall be approved or disapproved within eighteen months after the receipt of the completed permit application; except that those applications submitted within the first year after the effective date of the operating permit program shall be subject to a phased schedule for acting on such permit applications established by the division. The phased schedule shall assure that at least one-third of such permits will be acted on by the division annually over a three-year period. The commission may establish a phased schedule for acting on applications for which a deferral has been granted pursuant to the federal act. A timely and complete permit application operates as a defense to enforcement action for operating without a permit for the period of time during which the division or the commission is reviewing the application and until such time as the division or the commission makes a final determination on the permit application; except that this defense to an enforcement action shall not be available to an applicant which files a fraudulent application.
(5) For those types of projects or activities for which a construction permit
application has been filed, defined, or designated by the commission as warranting public comment with respect thereto, the division shall, within fifteen calendar days after it has prepared its preliminary analysis, give public notice of the proposed project or activity by at least one publication in a newspaper of general distribution in the area in which the proposed project or activity, or a part thereof, is to be located or by such other method that is reasonably designed to ensure effective general public notice. The division shall also during such period of time maintain in the office of the county clerk and recorder of the county in which the proposed project or activity, or a part thereof, is located a copy of its preliminary analysis and a copy of the application with all accompanying data for public inspection. The division shall receive and consider public comment thereon for a period of thirty calendar days thereafter.
(6) (a) For any construction permit application subject to the requirements of
a new or modified major source in a nonattainment area, or for prevention of significant deterioration as provided in part 2 of this article, or for any application for a renewable operating permit, within fifteen calendar days after the issuance of its preliminary analysis, the division shall:
(I) Forward to the applicant written notice of the applicant's right to a formal
hearing before the commission with respect to the application; and
(II) Give public notice of the proposed source or modification and the
division's preliminary analysis thereof by at least one publication in a newspaper of general distribution in the area of the proposed source or modification, or by such other method that is reasonably designed to ensure effective general public notice. Such notice shall advise of the opportunity for a public hearing for interested persons to appear and submit written or oral comments to the commission on the air quality impacts of the source or modification, the alternatives to the source or modification, the control technology required, if applicable, and other appropriate considerations. Any such notice shall be printed prominently in at least ten-point bold-faced type. The division shall receive and consider any comments submitted.
(b) If within thirty calendar days of publication of such public notice the
applicant or an interested person submits a written request for a public hearing to the division, the division shall transmit such request to the commission along with the application, the division's preliminary analysis, and any written comments received by the division, within five calendar days of the end of such thirty-day period. The commission shall, within sixty calendar days after receipt of the application, comments, and analysis, unless such greater time is agreed to by the applicant and the division, hold a public hearing to elicit and record the comment of any interested person regarding the sufficiency of the preliminary analysis and whether the permit application should be approved or denied. At least thirty calendar days prior to such public hearing, notice thereof shall be mailed by the commission to the applicant, printed in a newspaper of general distribution in the area of the proposed source or modification, and submitted for public review with the county clerk and recorder of the county wherein the project or activity is proposed.
(7) (a) Within thirty calendar days following the completion of the division's
preliminary analysis for applications for construction permits not subject to part 2 of this article, or within thirty calendar days following the period for public comment provided for in subsection (5) of this section, or for applications for construction permits subject to part 2 of this article and for renewable operating permits, if a hearing is held, within the appropriate time period established pursuant to this article, the division or the commission, as the case may be, shall grant or deny the permit application. Any permit required pursuant to this article shall be granted by the division or the commission, as the case may be, if it finds that:
(I) The source or activity will meet all applicable emission control regulations
and regulations for the control of hazardous air pollutants;
(II) The source or activity will meet the requirements of part 2 or 3 of this
article, if applicable;
(III) For construction permits, the source or activity will meet any applicable
ambient air quality standards and all applicable regulations;
(III.5) For renewable operating permits, the source or activity will meet all
applicable regulations; and
(IV) For renewable operating permits, the United States environmental
protection agency has not made a timely objection to issuance of such permit pursuant to the federal act.
(b) Failure of the division or commission, as the case may be, to grant or deny
the permit application or permit renewal application within the time prescribed shall be treated as a final permit action for purposes of obtaining judicial review in the district court in which the source is located, to require that action be taken on such application by the commission or division, as appropriate, without additional delay. Notwithstanding any other provision to the contrary, judicial review of the division's failure to grant or deny a renewable operating permit required by Title V of the federal act is available until the division grants or denies the permit.
(c) If an applicant has submitted a timely and complete application for a
renewable operating permit required by this article, including renewals, but final action has not been taken on such application, and, if required to have a construction permit, such construction permit is in place and valid, the source's failure to have a renewable operating permit shall not be a violation of this article, unless the delay in final action was due to the failure of the applicant to timely submit information required or requested by the division to process the application.
(8) If the division denies a permit or imposes conditions upon the issuance of
a permit which are contested by the applicant or if the division revokes a permit pursuant to subsection (12) of this section, the applicant may request a hearing before the commission. The hearing shall be held in accordance with sections 25-7-119 and 24-4-105, C.R.S. The commission may, after review of the evidence presented at the hearing, affirm, reverse, or modify the decision of the division but shall, in any event, assure that all the requirements of subsections (6) and (7) of this section are met.
(9) Renewable operating permits shall summarize existing operating
restrictions pursuant to section 25-7-114.4 (3).
(10) A permit amendment will not be required to authorize a change in
practice which is otherwise permitted pursuant to this article, the state implementation plan, or the federal act merely because an existing permit does not address the practice. Changes in industrial practices and procedures that are not inconsistent with the terms of a renewable operating permit can be made without seeking any change to the terms of said permit.
(11) An order of the division or commission shall be final upon issuance. Any
participant in the public comment process and any other person who could obtain judicial review under applicable law shall have standing for purposes of seeking review of any final order of the commission or division regarding applications, renewals, or revisions of any permits. The public participation requirements of subsections (5) and (6) of this section shall apply to all renewable operating permit applications, revisions, and renewals.
(12) (a) A permitted entity shall notify the division within fifteen days after
the commencement of any activity for which a construction permit has been issued. Within one hundred eighty days after commencement of operation for which a construction permit has been issued, the source shall demonstrate to the division compliance with the terms and conditions of the construction permit or the division may, pursuant to rules that are adopted by the commission based upon the results of the study conducted under section 25-7-114.7 (2)(a)(V), inspect the project or activity to determine whether or not the terms and conditions of the construction permit have been properly satisfied. At the end of one hundred eighty days after the commencement of operation, the division must:
(I) Revoke the construction permit; or
(II) Continue the construction permit, if applicable; or
(III) Notify the owner or operator that the source has demonstrated
compliance with the construction permit.
(b) For those sources subject to the renewable operating permit program, a
renewable operating permit will be issued within the appropriate time periods if all requirements for a renewable operating permit are met by the source. The construction permit requirements shall remain in effect until the renewable operating permit is issued.
(12.5) (a) (I) Except for sources involved in agricultural, horticultural, or
floricultural production such as farming, seasonal crop drying, animal feeding, or pesticide application, upon determination by the division that the criteria set forth in subsection (12.5)(b) of this section applies to a source that is not required to obtain a renewable operating permit, the division may reopen such construction permit for the purpose of imposing any or all of the following additional terms and conditions:
(A) Enhanced record-keeping requirements;
(B) Enhanced emissions and ambient monitoring requirements;
(C) Operating and maintenance requirements;
(D) Emission control requirements pursuant to section 25-7-109.3; and
(E) Additional monitoring requirements for sources affecting
disproportionately impacted communities.
(II) Any such condition which is contested by the permittee may be reviewed
by the commission in accordance with the provisions of subsection (7) of this section.
(b) With the exception of those sources involved in agricultural, horticultural,
or floricultural production such as farming, seasonal crop drying, animal feeding, and pesticide application, a source's construction permit may be reopened for cause for the purposes of subsection (12.5)(a) of this section only upon a determination by the division that the location of the source is significant in terms of its proximity to residential or business areas or a disproportionately impacted community, and one or more of the following criteria apply to the permitted source:
(I) The control equipment utilized by the source requires an unusually high
degree of maintenance or operational sensitivity when compared to control equipment in general;
(II) The design characteristics of the source require an unusually high degree
of maintenance or operational sensitivity when compared to the design characteristics of all sources in general;
(III) The application of the control equipment utilized is unique or untested;
(IV) The operational variability of the source may impact the effectiveness of
the controls;
(V) The emissions from the source will threaten public health, as determined
pursuant to section 25-7-109.3; or
(VI) The emissions from the source will affect a disproportionately impacted
community.
(c) Nothing in paragraph (a) or (b) of this subsection (12.5), as amended by
House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(13) The commission shall, wherever practicable, promulgate regulations for
renewable operating permit application requirements that combine requirements for construction permits with renewable operating permits to avoid duplicative efforts by the source and the division.
(14) (Deleted by amendment, L. 2010, (HB 10-1042), ch. 209, p. 909, � 3,
effective September 1, 2010.)
(15) Repealed.
(16) (a) If the division experiences a backlog in processing air quality permit
applications and the department determines or reasonably expects that, as a result, permits would not be issued within statutory time frames, the division shall make available to sources that are not subject to permitting under part C of the federal act the option to have the permit application or the air quality modeling, or both, that is submitted with the applicant's air permit application reviewed for acceptance as demonstrating compliance by a contract consultant selected by the division in lieu of the review being conducted by division staff. The division may also enter into contracts to support the division's air quality permit programs, including the division's general permit program, and modeling to support the air quality permit programs.
(b) The division shall select and contract with qualified nongovernmental air
quality consultants, modeling experts, or both to perform permit application reviews, air quality modeling reviews, or other work to support the division's air quality permit programs. The division is not subject to the requirements of the Procurement Code, articles 101 to 112 of title 24, in selecting and contracting with the consultants, modeling experts, or both. The division shall review and exclude from consideration as a contract air quality consultant any contractors with a conflict of interest regarding air quality permit applications or modeling. Applicants that choose consultant review of their air quality permit applications or modeling are responsible for both the consultant's costs associated with the review as well as the division's costs associated with the review and determination of the air permit application, to be paid to the division. The division shall transfer the money to the state treasurer, who shall credit it to the stationary sources control fund created in section 25-7-114.7 (2)(b)(I).
(c) The division shall use the results of the modeling conducted pursuant to
subsection (16)(a) or (16)(b) of this section for purposes of the division's permit program and application analysis.
Source: L. 92: Entire section added, p. 1207, � 18, effective July 1. L. 93: (7)(a)
amended, p. 1923, � 4, effective July 1. L. 96: IP(12)(a) amended, p. 845, � 2, effective July 1; (15) repealed, p. 1258, � 154, effective August 7. L. 2005: IP(12.5)(a)(I) and IP(12.5)(b) amended and (12.5)(c) added, p. 349, � 5, effective August 8. L. 2010: (12)(a) and (14) amended, (HB 10-1042), ch. 209, p. 909, � 3, effective September 1. L. 2011: (16) added, (SB 11-235), ch. 307, p. 1507, � 1, effective June 9. L. 2021: IP(12.5)(a)(I), (12.5)(a)(I)(C), (12.5)(a)(I)(D), and (12.5)(b) amended and (12.5)(a)(I)(E) added, (HB 21-1266), ch. 411, p. 2733, � 9, effective July 2. L. 2022: (7)(b) and (16) amended, (SB 22-193), ch. 300, p. 2157, � 7, effective June 2. L. 2024: (3) amended, (SB 24-229), ch. 183, p. 992, � 7, effective May 16.
Cross references: (1) For the legislative declaration contained in the 1996
act repealing subsection (15), see section 1 of chapter 237, Session Laws of Colorado 1996.
(2) For the short title (Environmental Justice Act) and the legislative
declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
(3) For the legislative declaration in SB 24-229, see section 1 of chapter 183,
Session Laws of Colorado 2024.
C.R.S. § 25-7-142
25-7-142. Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - exemptions - definitions - legislative declaration. (1) Legislative declaration. The general assembly finds, determines, and declares that the regulation of building performance is a matter of statewide concern because:
(a) As of 2020, buildings represented a significant source of greenhouse gas
pollution in the state of Colorado;
(b) Energy consumption and greenhouse gas emissions associated with a
building produce impacts far beyond its walls and the boundaries of the local government within which the building is located, including costs to utility ratepayers for increased energy production, community health costs associated with air pollution, and broader societal costs of anthropogenic climate change;
(c) Many building owners have made proactive efforts to reduce the energy
use and greenhouse gas emissions of their buildings, yet more remains to be done to help the state meet its greenhouse gas reduction goals;
(d) Building tenants that pay energy bills often lack the ability to implement
building upgrades that could improve performance, reduce emissions, and reduce those costs;
(e) The commission has both the statutory authority and obligation to require
a reduction of greenhouse gas emissions in the state in every sector including buildings;
(f) (I) Benchmarking and building performance standards will support job
growth in Colorado. According to the United States Climate Alliance, before January 1, 2020, the fastest growing clean energy industries in Colorado included:
(A) Traditional heating, ventilation, and air conditioning, totaling ten
thousand four hundred thirty-eight jobs; and
(B) Energy Star and efficient lighting, totaling eleven thousand one hundred
fifty-six jobs.
(II) Additionally, analysis conducted by Advanced Energy Economy identified
more than sixty thousand advanced energy jobs in Colorado, with more than fifty percent of those jobs in energy efficiency.
(g) The state of Colorado provides many low- and no-cost options for
Colorado property owners to finance building performance improvements, including:
(I) Property-assessed clean energy financing that the Colorado new energy
improvement district created in section 32-20-104 provides, whereby qualifying energy efficiency and renewable energy improvements are paid back via an assessment on annual property taxes; and
(II) Performance contracting, whereby improvements are paid for by
contractually guaranteed savings from efficiency upgrades;
(h) Many public utilities in the state also provide technical assistance and
financial incentives to help property owners implement building performance improvements; and
(i) It is in the interest of the state to:
(I) Establish a program to help Colorado citizens understand and track
energy use and greenhouse gas emissions from large buildings; and
(II) Develop performance standards necessary to meet state greenhouse-gas-emission-reduction goals.
(1.5) The general assembly further finds and declares that:
(a) Energy consumption by Colorado's built environment, including large
commercial and residential properties, is a significant contributor to statewide greenhouse gas pollution;
(b) Reducing the greenhouse gas emissions arising from energy
consumption by the built environment is necessary to achieve the 2050 net-zero greenhouse gas emission reduction goal set forth in section 25-7-102 (2)(g);
(c) The commission satisfied the objectives set forth in subsections (8)(a)(II)
and (8)(c)(II) of this section by adopting benchmarking and performance standard rules in August 2023; and
(d) In implementing the requirements of this section and the commission's
rules adopted pursuant to this section, the division should, consistent with section 25-7-122 (2), consider an owner's effort to comply with building performance standards when implementing enforcement and assessing penalties pursuant to section 25-7-122 and this section.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Aggregated data means electric or gas meter data from which any
unique identifier or other personal information has been removed and that a qualifying utility collects and aggregates in at least monthly intervals for an entire covered building.
(b) Aggregation threshold means, for each qualifying utility, the minimum
number of customer accounts associated with a covered building for which the qualifying utility may provide the owner of the covered building with aggregated data upon request without requiring each customer's consent to have the customer's energy-use data accessed or shared.
(b.5) (I) Agricultural building means a building or structure used to house
agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs primarily for the purpose of maintaining or operating an agricultural process.
(II) Agricultural implements include agricultural equipment as described in
section 39-3-122.
(III) Agricultural implements do not include implements that are primarily for
rent or sale.
(c) Benchmark means to input benchmarking data into a benchmarking
tool to measure and assess the energy performance and greenhouse gas pollution for a covered building for the reporting year.
(d) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking data means the information related to a covered building that is input into or calculated by a benchmarking tool and includes, at a minimum:
(I) A physical description of the covered building and descriptions of its
operational characteristics, including:
(A) The name of the covered building, if any;
(B) The address of the covered building;
(C) The primary uses of the covered building;
(D) The covered building's gross floor area; and
(E) The years in which the covered building has been certified by Energy Star
and the most recent date of certification, if applicable; and
(II) Data generated by the benchmarking tool, including:
(A) The Energy Star score, if available;
(B) Monthly energy use by fuel type;
(C) Site and source energy-use intensity;
(D) Weather-normalized site and source energy-use intensity;
(E) Confirmation that data quality has been checked;
(F) Annual maximum electricity demand, in kilowatts;
(G) If available for reporting through the benchmarking tool, monthly peak
electricity demand; and
(H) Greenhouse gas emissions, including total, indirect, and direct emissions.
(e) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking tool means the Energy Star Portfolio Manager® or a successor online resource used to track and assess the performance of certain properties relative to similar properties.
(f) Biomedical research laboratory means a scientific laboratory used to
conduct research relating to both biology and medicine.
(g) (I) Campus means a collection of two or more buildings that are owned
and operated by the same person and that have a shared purpose and function as a single property.
(II) Campus includes two or more of the buildings that comprise the capitol
complex.
(h) Colorado energy office or office means the Colorado energy office
created in section 24-38.5-101.
(i) Correctional facility means:
(I) A correctional facility, as defined in section 17-1-102 (1.7);
(II) A private contract prison, as defined in section 17-1-102 (7.3);
(III) A local jail, as defined in section 17-1-102 (7);
(IV) A municipal jail, as authorized in section 31-15-401 (1)(j); and
(V) A juvenile detention facility governed by part 15 of article 2.5 of title 19.
(j) (I) Except as the commission may modify by rule pursuant to subsection
(7) of this section, covered building means a building comprising a gross floor area of fifty thousand square feet or more that is occupied by a single occupant or group of tenants.
(II) Covered building does not include:
(A) A storage facility, stand-alone parking garage, or airplane hangar that
lacks heating and cooling;
(B) A building in which more than half of the gross floor area is used for
manufacturing or industrial purposes;
(C) A single-family home, duplex, or triplex; or
(D) An agricultural building.
(k) Energy Star means the federal program authorized by 42 U.S.C. sec.
6294a, as amended, to help customers, businesses, and industry save money and protect the environment through the adoption of energy-efficient products and practices.
(l) Energy Star score means the one-to-one-hundred numeric rating
generated by the Energy Star Portfolio Manager® as a measurement of a building's energy efficiency.
(m) Energy-use intensity means a building's energy use, expressed as total
site energy use per square foot per year.
(n) Financial hardship means that a property is experiencing at least one of
the following conditions:
(I) The property has been included on a city's, county's, or city and county's
annual tax lien sale list within the previous two years;
(II) The property is an asset subject to a court-appointed receiver that
controls the asset due to financial stress;
(III) The property is owned by a financial institution as a result of a default by
a borrower;
(IV) The property has been acquired by a deed in lieu of foreclosure;
(V) The property is the subject of a senior mortgage subject to a notice of
default; or
(VI) Due to the governor declaring a disaster emergency pursuant to section
24-33.5-704 (4), the property, in at least two of the previous five years, generated annual rental income or revenue that totals sixty percent or less of the five-year average immediately preceding the disaster emergency declaration.
(o) Greenhouse gas has the meaning set forth in section 25-7-140 (6).
(p) Gross floor area means the total building area, as measured from the
outside surface of each exterior wall of the building, including above-grade and below-grade space.
(q) Local government means a statutory or home rule municipality, county,
or city and county.
(q.5) Operator means an owner, tenant, or other individual or entity:
(I) Occupying or named on the utility bill for a covered building; and
(II) That has access to utility data for the covered building.
(r) Owner means a person possessing title to a property or the person's
designated agent.
(s) Performance standards means standards that the commission
establishes by rule pursuant to subsection (8)(c) or (8.5)(a) of this section and with which owners of covered buildings are required to comply.
(t) Public building means a covered building owned by:
(I) The state;
(II) A local government;
(III) A district or special district regulated under title 32;
(IV) A state institution of higher education;
(V) A private institution of higher education as defined in section 23-18-102
(9);
(VI) A school district created pursuant to article 30 of title 22; and
(VII) A charter school authorized pursuant to part 1 of article 30.5 of title 22.
(u) Qualifying utility means:
(I) An electric or gas utility with five thousand or more active commercial and
industrial service connections, accounts, or customers in the state, including:
(A) An investor-owned electric or gas utility;
(B) A cooperative electric association; or
(C) A municipally owned electric or gas utility; or
(II) A natural gas supplier with five or more active commercial or industrial
connections, accounts, or customers in the state.
(v) State institution of higher education:
(I) Has the meaning set forth in section 23-1-108 (7)(g)(II);
(II) Includes the Auraria higher education center, governed pursuant to
article 70 of title 23; and
(III) Does not include a biomedical research laboratory.
(w) Tenant means a person that, pursuant to a rental or lease agreement,
occupies or holds possession of a building or part of a building or premises.
(x) Unique identifier means a customer's contact information displayed on
a utility bill such as the customer's name, mailing address, telephone number, or email address.
(y) Utility customer means the building owner or tenant listed on the
utility's records as the customer liable for payment of the utility service or additional charges assessed on the utility account.
(3) Benchmarking requirements on owners and operators. (a)
Notwithstanding the rules that the commission adopted before July 2025, beginning in 2026 for 2025 benchmarking data and for each subsequent year, the owner of a covered building shall submit a report of the benchmarking data for the previous calendar year to the office on or before November 1.
(b) Notwithstanding subsection (3)(a) of this section, beginning in 2025 for
2024 benchmarking data and for each subsequent year, if an owner of a covered building demonstrates to the office that it lacks access to benchmarking data, the operator of the covered building shall, on or before November 1 of each year, submit to the office a report of the benchmarking data for the covered building for the previous calendar year.
(c) Before providing a benchmarking report pursuant to subsection (3)(a) of
this section, an owner of a covered building or operator shall run any automated data checking function of the benchmarking tool and correct any errors discovered.
(d) The following owners and operators may comply with this subsection (3)
collectively at the campus-wide level:
(I) The owner or operator of multiple covered buildings that are part of a
master metered group of buildings without submetering;
(II) The owner or operator of a correctional facility; and
(III) The owner or operator of a public building that is a covered building.
(4) Utility data requirements. (a) On or before June 1, 2022, a qualifying
utility shall:
(I) Establish an aggregation threshold that is four or fewer utility customer
accounts;
(II) Publish its aggregation threshold on its public website; and
(III) Upon request of an owner of a covered building, begin providing energy-use data to the owner.
(b) Energy-use data that a qualifying utility provides an owner pursuant to
this subsection (4) must be:
(I) Available on, or able to be requested through, an easily navigable web
portal or online request form using up-to-date standards for digital authentication, including single one-time passwords or multi-factor authentication;
(II) Provided to the owner within:
(A) Ninety days after receiving the owner's valid written or electronic
request if the request is received in 2022;
(B) Thirty days after receiving the owner's valid written or electronic request
if the request is received in 2023 or later;
(III) Directly uploaded to the owner's benchmarking tool account, delivered in
the spreadsheet template specified by the benchmarking tool, or delivered in another format approved by the office;
(IV) Provided to the owner on at least an annual basis until the owner revokes
the request for energy-use data or sells the covered building;
(V) Provided in accordance with this subsection (4), regardless of whether
the owner is named on the utility account for the covered building; and
(VI) If the qualifying utility is an investor-owned utility, provided in
accordance with the public utilities commission's rules concerning customer data and personally identifying information.
(c) For covered buildings that do not meet the qualifying utility's
aggregation threshold, and thus require utility customer consent to access or share energy-use data, the consent:
(I) May be in written or electronic form;
(II) May be provided in a lease agreement provision;
(III) Is valid until the utility customer revokes it; and
(IV) Is not required if a utility customer vacates the covered building before
explicitly denying the owner consent to access and share the utility customer's energy-use data.
(d) To meet the requirements of this subsection (4), a qualifying utility that is
not an investor-owned utility may seek and use grant funding from the Colorado clean energy fund, a nonprofit corporation, or the energy fund created in section 24-38.5-102.4 (1)(a)(I).
(5) Benchmarking waivers and extensions of time. (a) An owner of a
covered building may seek a waiver from the benchmarking requirements set forth in subsection (3) of this section if the owner submits documentation to, and receives approval from, the office, which documentation establishes that the covered building has met one or more of the following conditions for the calendar year to be benchmarked:
(I) The covered building was unoccupied for at least thirty consecutive days
of the year;
(II) A demolition permit was issued for the entire covered building;
(III) The covered building met one or more of the conditions for financial
hardship;
(IV) The covered building does not meet a qualifying utility's aggregation
threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy-use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least thirty days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal; or
(V) The covered building has four or more utility customers, is not located
within a qualifying utility's service territory, and the owner is unable to get aggregated data from the utility that serves the covered building.
(b) An owner of a covered building may request a time extension from the
office to submit a benchmarking report if the owner submits documentation to the office demonstrating that, despite the owner's good-faith effort, the owner was unable to complete the benchmarking report in a timely manner because of the failure or refusal of a qualifying utility or a utility customer to provide the necessary information or permission, as applicable.
(c) The office shall notify the division of all approved waivers and extensions
of time, the approval of which is solely within the office's discretion.
(d) Pursuant to subsection (7) of this section, the commission may, by rule,
modify the requirements for obtaining a waiver or extension of time pursuant to this subsection (5).
(6) Requirements upon sale or lease of a covered building. (a) At the time of
listing a covered building or a portion of a covered building for sale or lease, the owner of the covered building shall furnish an electronic copy of reported benchmarking data from the previous calendar year or from the most recent twelve-month period of continuous occupancy to the following:
(I) Prospective buyers or lessees;
(II) Any brokers, as defined in section 12-10-201 (6), who make inquiry about
the property; and
(III) Major commercial real estate listing services on which the property is
listed.
(b) Upon receipt of the benchmarking data, a commercial real estate listing
service that lists properties in the state shall include in the property's listing, at a minimum, the property's Energy Star score, if applicable, and the property's energy-use intensity.
(c) If a covered building changes ownership, the former owner shall make
available to the new owner the energy-use data; utility customer consent documentation, if any; and any other information about the property that is necessary to benchmark the covered building. The former owner shall transfer to the new owner both the record representing the covered building within the benchmarking tool and the request to a qualified utility for aggregated data. The new owner may request and receive from a qualifying utility the aggregated data necessary to fulfill benchmarking reporting requirements.
(7) Benchmarking rules. The commission may promulgate rules to
implement the benchmarking program set forth in this section. Additionally, the commission may, by rule, modify the following:
(a) The provisions regarding waivers and extensions of time set forth in
subsection (5) of this section;
(b) The definition of benchmarking data, but only if the modified definition
concerns data that:
(I) Is capable of being recorded by the benchmarking tool; and
(II) Includes the greenhouse gas emissions, the Energy Star score, if
applicable, and energy-use intensity;
(c) The benchmarking tool that owners are required to use to benchmark;
(d) Data verification requirements; and
(e) After June 1, 2029, the minimum gross floor area included in the definition
of covered building.
(8) Rules. (a) and (b) Repealed.
(c) (I) and (II) Repealed.
(III) The commission shall not adopt rules to rescind or modify the
exemptions for owners of public buildings from payment of the annual fee, as set forth in section 24-38.5-112 (1)(e)(II); from payment of the building decarbonization fee, as set forth in section 24-38.5-125 (5)(b); or from payment of civil penalties, as set forth in section 25-7-122 (1)(i).
(IV) The commission shall, as necessary, adopt rules to modify or continue
the performance standards until 2050 in order to achieve or exceed greenhouse gas emission reduction targets set forth in section 25-7-102 (2)(g).
(d) to (f) Repealed.
(8.5) 2040 performance standard targets - division to propose standards -
commission to adopt rules - task force - membership - repeal. (a) (I) To help achieve or exceed greenhouse gas emission reduction targets pursuant to subsection (8)(c)(IV) of this section, the commission shall adopt, by rule, 2040 performance standards in accordance with section 25-7-102 (2)(g).
(II) On or before June 1, 2029, the division, after consultation with the office,
shall consider recommendations from the task force created pursuant to subsection (8.5)(c) of this section and shall propose 2040 performance standards to the commission for consideration in the rules adopted pursuant to subsection (8.5)(a)(I) of this section.
(b) The division, in proposing 2040 performance standards, and the
commission, in adopting 2040 performance standards, shall consider whether targets that are included in the 2040 performance standards to reduce emissions from covered buildings are consistent with meeting the economy-wide emission reduction goals set forth in section 25-7-102 (2)(g), taking into consideration:
(I) The capital planning periods for covered buildings;
(II) The feasibility of an owner planning and implementing a building upgrade
project ahead of the compliance date for the 2040 performance standards that the commission sets by rule pursuant to subsection (8.5)(a)(I) of this section; and
(III) That all rules that the commission adopts must be technologically
feasible and economically reasonable pursuant to the requirements set forth in section 25-7-102 (1).
(c) (I) On or before July 1, 2027, the director of the office shall appoint and
convene a task force. The task force shall review the benchmarking data submitted for calendar years 2021 through 2026 and, on or before July 1, 2028, develop and provide recommendations to the division regarding the 2040 performance standards.
(II) As part of the recommendations developed pursuant to subsection
(8.5)(c)(I) of this section, the task force shall consider:
(A) The economy-wide emission reduction goals set forth in section 25-7-102
(2)(g);
(B) The capital planning periods for covered buildings and the feasibility of
an owner planning and implementing a building upgrade project ahead of the compliance date;
(C) Whether the building performance program should allow a covered
building owner to meet performance targets through the implementation of energy efficiency improvements or other eligible measures;
(D) Improvements that materially advance compliance with the performance
standards and avoid premature replacement of equipment that remains within its useful service life;
(E) The establishment of individualized compliance pathways, including the
ability of the office to enter into agreements with covered building owners to define alternative compliance metrics and schedules that are consistent with operational necessity and that avoid unnecessary financial burdens; and
(F) Elements from prior rules regarding building performance standards,
which rules may require revision. The task force shall make recommendations regarding any rule revisions that it believes are necessary.
(d) The task force consists of the following members, all of whom, except
the representatives of the office, the public utilities commission, and the division, are voting members:
(I) The director of the office or the director's designee;
(II) The director of the division or the director's designee;
(III) The director of the public utilities commission or the director's designee;
(IV) One member who is an owner of commercial covered buildings or who
represents owners of commercial covered buildings;
(V) One member who is an owner of a multifamily residential covered
building or who represents owners of multifamily residential covered buildings;
(VI) One member who represents an affordable housing organization;
(VII) One member who has direct experience in, or is a member of an
organization representing workers in, mechanical, HVAC, or electrical work at the commercial or multifamily building level;
(VIII) One member who represents architects;
(IX) One member who represents professional engineers and who has
experience working on systems for buildings;
(X) One member who has extensive experience as a building operating
engineer;
(XI) One member who represents an electric utility, a gas utility, or a
combined electric and gas utility;
(XII) One member who is from an environmental conservation or
environmental justice group with experience in energy efficiency or the built environment;
(XIII) One member who is from a local government that has enacted or
adopted a benchmarking or building energy performance ordinance or resolution;
(XIV) Three members who have relevant building performance expertise, as
determined by the director of the office;
(XV) One member representing hospitals or other health-care facilities; and
(XVI) One member who is a representative of a mixed-use commercial office.
(e) An individual applying to serve on the task force must submit a
recommendation from a member of the group that the individual seeks to represent on the task force or, if a trade organization exists that represents the group, a recommendation from the trade organization.
(f) In making appointments to the task force, the director of the office shall
strive to ensure varied geographic representation.
(g) The task force shall conduct a comprehensive economic analysis of its
recommendations for the 2040 performance standards prior to providing the recommendations to the division.
(8.6) Notwithstanding any rules that the commission adopts pursuant to this
section before July 1, 2025:
(a) (I) An owner of a covered building that meets its performance standards
using the standard percentage reduction building performance pathway, as established by rule of the commission, may use 2019 benchmarking data as an alternate baseline if the owner submits complete and accurate 2019 benchmarking data to the office no later than November 1, 2027;
(II) An owner of a covered building located within the jurisdiction of a local
government that has adopted and implemented a building performance standards program or other similar program intended to reduce greenhouse gas emissions from covered buildings is deemed in compliance with this section and rules adopted by the commission pursuant to this section by complying with the requirements of the local program if:
(A) The owner of the covered building maintains compliance with the local
program and certifies its affirmative compliance status by submitting an affidavit, which affidavit attests that the covered building meets the requirements of the local program, in annual benchmarking reports submitted to the office; and
(B) The office has determined that the greenhouse gas emission reductions
from covered buildings complying with the local program are reasonably similar to the greenhouse gas emission reductions that would have been achieved through compliance with performance standards established under this section;
(III) A local jurisdiction that has adopted and implemented a building
performance standards program may issue a certification or report to the office confirming which covered buildings are in compliance with the program; and
(IV) Decisions made by the office regarding equivalence pursuant to
subsection (8.6)(a)(II)(B) of this section are subject to judicial review pursuant to section 24-4-106.
(b) (I) Notwithstanding subsection (8.6)(a) of this section and any rules
adopted by the commission before July 1, 2025, an owner may either comply with the 2026 performance standards or track its progress toward compliance by submitting benchmarking reports in accordance with subsections (3) and (8.6)(b)(II) of this section.
(II) Beginning with the 2025 benchmarking reports submitted in 2026, and
each year thereafter, a covered building owner or operator shall, as part of its benchmarking reports submitted to the office:
(A) Respond to any standard progress-related questions included in the
benchmarking form to help assess whether the building is on a path toward future compliance;
(B) Indicate whether technical assistance or guidance from the office would
be helpful; and
(C) Provide any additional nonproprietary information requested by the office
that is relevant to understanding implementation trends or common barriers to compliance.
(III) The reports required under subsection (8.6)(b)(II) of this section must
include only answers to the questions that are minimally necessary to assess the covered building owner's progress toward the performance standard targets.
(IV) Any rules the commission adopted before July 1, 2025, that impose
additional compliance obligations upon a covered building owner that fails to timely meet a building performance standard do not apply until 2031 for the 2030 building performance standards.
(V) The office shall prioritize any grant money that is made available for
owners of covered buildings:
(A) That comply with or establish plans to go beyond the 2026 performance
standards; or
(B) That comply with the 2030 performance standard early or establish plans
to go beyond the 2030 performance standards.
(VI) Nothing in this subsection (8.6)(b) precludes or modifies the division's
authority to enforce against an owner of a covered building for noncompliance with 2030 performance standards or performance standards set for subsequent years.
(8.7) Notwithstanding the requirements of subsection (8)(a)(II) of this section
or rules adopted pursuant to that subsection, subsection (8.6) of this section is necessary for covered buildings to effectively implement the performance standards. The commission is not required to revise rules that were adopted pursuant to this section before July 1, 2025.
(8.8) (a) Energy use that a covered building owner demonstrates is
attributable to electric vehicle charging shall not be included in a covered building's total energy usage for purposes of compliance with building performance standards.
(b) A covered building owner may, after consultation with the office, request
documentation demonstrating that:
(I) The covered building is in current compliance with the commission's rules
adopted in accordance with this section; and
(II) The covered building is on a path toward meeting upcoming compliance
obligations, based on the performance standards, conditions, and building-specific plans that are in effect at the time of the covered building owner's request.
(c) Consistent with rules adopted by the commission, the office shall develop
guidance concerning individualized target and compliance guidelines for covered building owners that demonstrate a significant increase in energy use due to the expansion of a data center or telecommunications operation. A covered building owner's individualized energy efficiency target can reflect increased electricity consumption over time from a data center or telecommunications operation if all cost-effective energy efficiency and electrification measures have been performed. Consistent with rules adopted by the commission regarding timelines and adjustments for building performance standard targets, individualized targets and compliance timelines may be adjusted multiple times based on the evolving growth of energy consumption by the covered building.
(9) Saving clause. This section does not restrict:
(a) The ability of a qualifying utility to provide incentives or other energy
efficiency program services for covered buildings;
(b) The ability of an investor-owned utility to take credit, as deemed
appropriate by the public utilities commission, for energy or greenhouse gas emission savings achieved for covered buildings;
(c) The ability of a qualified utility to set an aggregation threshold that is
less than four; or
(d) A local government from adopting or implementing an ordinance or
resolution that imposes more stringent benchmarking or performance standard requirements.
(10) Agricultural buildings exempted from benchmarking requirements. (a)
An owner of an agricultural building may submit for an affirmative exemption from any requirement to report benchmarking data.
(b) An owner of an agricultural building may submit for an exemption to
remain valid until there is a change in ownership or a change that renders the building no longer an agricultural building.
(c) For the duration of any exemption, an owner of an agricultural building
shall certify, upon request, the exemption status of any building for which an exemption has been granted.
Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2070, � 1,
effective September 7. L. 2022: (2)(i)(V) amended, (SB 22-212), ch. 421, p. 2980, � 61, effective August 10. L. 2023: IP(8)(c)(I) and IP(8)(c)(II) amended, (SB 23-016), ch. 165, p. 734, � 6, effective August 7. L. 2025: (1.5), (2)(q.5), (8.5), (8.6), (8.7), and (8.8) added and (2)(s), (3), (8)(c)(III), and (8)(f) amended, (HB 25-1269), ch. 216, p. 978, � 3, effective May 20; (2)(b.5), (2)(j)(II)(D) and (10) added and (2)(j)(II)(B) and (2)(j)(II)(C) amended, (SB 25-039), ch. 37, p. 182, � 1, effective August 6.
Editor's note: (1) Subsection (8)(f) was amended in HB 25-1269, effective
May 20, 2025. For the amendments in HB 25-1269 in effect from May 20, 2025, to July 1, 2025, see chapter 216, Session Laws of Colorado 2025. (L. 2025, p. 978.)
(2) Subsection (8)(f) provided for the repeal of subsections (8)(a), (8)(b),
(8)(c)(I), (8)(c)(II), (8)(d), (8)(e), and (8)(f), effective July 1, 2025. (See L. 2025, p. 978.)
(3) Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025,
provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
C.R.S. § 25-7-1507
25-7-1507. Enforcement - verifications of compliance - civil action by attorney general - penalties. (1) The executive director shall:
(a) Verify major retailers' and distributors' compliance with the provisions of
this part 15 through online spot-checks, coordination with other states that have similar standards, or both;
(b) Conduct such verifications at least once before January 1, 2027, and
again at least once before January 1, 2032;
(c) Deliver a report on the method and findings of the verifications to the
energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and
(d) Deliver any findings of violations to the attorney general.
(2) On or before January 1, 2025, the executive director shall establish a
process whereby individuals may anonymously report potential violations of this part 15 on the department of public health and environment's public website. The executive director shall investigate any such reported potential violation and shall report any confirmed violations to the attorney general.
(3) (a) If the attorney general has probable cause to believe that any person
or group of persons has violated or caused another person to violate section 25-7-1504 or 25-7-1505, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as specified in this subsection (3). Any person who knowingly violates or causes another person to violate section 25-7-1504 or 25-7-1505 shall pay a civil penalty of not more than two thousand dollars for each violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4.
(b) For purposes of subsection (3)(a) of this section:
(I) Each transaction or online for-sale product listing involved constitutes a
separate violation; except that the maximum civil penalty per person shall not exceed five hundred thousand dollars for any related series of violations; and
(II) A court shall not impose a fine against a nonmanagerial employee of a
contractor that installs, repairs, or replaces water heaters or fan-type central furnaces and collects from customers an amount representing both parts and labor.
Source: L. 2023: Entire part added, (HB 23-1161), ch. 285, p. 1716, � 9,
effective August 7.
PART 16
AFFORDABLE APPLIANCES FOR A HEALTHY COMMUNITY
C.R.S. § 25-7-1603
25-7-1603. Colorado energy office - study - accelerated adoption of heat pump technology. (1) On or before August 1, 2024, the office shall commence a study with targeted stakeholder input to explore how to accelerate adoption of heat pump technology in Colorado through a technical standard for applicable air conditioners.
(2) In conducting the study, the office shall:
(a) Focus on a statewide point-of-sale standard on new and replacement air
conditioners;
(b) Consider equipment performance in different climate zones and
conditions;
(c) Consult with stakeholders from manufacturers, distributors, contractors,
heat pump experts, green builders, environmental justice groups, and utilities serving retail customers;
(d) Use data and findings from recent public utility proceedings to
accelerate data collection for the study;
(e) Determine the requirements for successful implementation of a
statewide point-of-sale standard; and
(f) Make recommendations on how the state can address any associated
needs or gaps before a statewide point-of-sale standard takes effect.
(3) In conducting the study, the office shall assess and determine:
(a) Up-front cost gaps and ongoing costs and cost savings for residential
homes from implementation of a statewide point-of-sale standard;
(b) Whether and where federal, state, local, and utility incentives can cover
any identified cost gaps, and make recommendations for what, if any, new incentives may be needed for income-qualified households;
(c) Any technical limitations, and potential remedies for those limitations, for
a statewide point-of-sale standard;
(d) System configuration options for cold-temperature performance;
(e) Necessary customer information regarding cold-temperature
performance;
(f) What, if any, exceptions or exemptions may be necessary for a statewide
point-of-sale standard and how such exceptions or exemptions could be administered;
(g) Potential improvements to the state income tax credit created in section
39-22-554;
(h) Supply chain status;
(i) Contractor training needs; and
(j) Quality assurance measures.
(4) The office shall deliver the study results to the chairs of the
transportation and energy committee of the senate and the energy and environment committee of the house of representatives, or any successor committees, according to the following schedule:
(a) On or before January 1, 2025, the office shall deliver a progress report;
(b) On or before March 1, 2025, the office shall deliver interim results and
legislative recommendations; and
(c) On or before June 1, 2025, the office shall deliver the final study and final
legislative recommendations.
Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1098, � 13,
effective May 17.
C.R.S. § 25-7-1604
25-7-1604. Repeal of part. This part 16 is repealed, effective July 1, 2030.
Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1100, � 13,
effective May 17.
ARTICLE 7.5
Clean Motor Vehicle Fleet Support
Cross references: For the legislative declaration in SB 21-260, see section 1
of chapter 250, Session Laws of Colorado 2021.
25-7.5-101. Legislative declaration. (1) The general assembly hereby finds
and declares that:
(a) An increasing number of fleet motor vehicles are on the road to meet
increasing demands for retail deliveries and rides arranged through transportation network companies;
(b) These fleet vehicles are some of the most polluting vehicles on the road,
which has resulted in additional and increasing air and greenhouse gas pollution and related adverse environmental and health impacts across the state;
(c) The adverse environmental and health impacts of increased emissions
from fleet motor vehicles used to make retail deliveries and provide rides arranged through transportation network companies can be mitigated and offset by supporting the widespread adoption of electric motor vehicles for use in motor vehicle fleets;
(d) Instead of reducing the impacts of retail deliveries and rides arranged
through transportation network companies by limiting retail delivery and transportation network company ride activity through regulation, it is more appropriate to continue to allow persons who receive retail deliveries and benefit from the convenience afforded by unfettered retail deliveries and to allow transportation network companies that arrange prearranged rides to continue to provide that service without undue restrictions and instead impose a small fee on each retail delivery and ride and use fee revenue to fund necessary mitigation activities; and
(e) It is necessary, appropriate, and in the best interest of the state and all
Coloradans to incentivize and support the use of electric motor vehicles and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology and availability for certain fleet uses, compressed natural gas motor vehicles that are fueled by recovered methane and that produce fewer emissions than gasoline or diesel powered motor vehicles, by businesses and governmental entities that use fleets of motor vehicles, including fleets composed of personal motor vehicles owned by individual contractors who provide prearranged rides for transportation network companies or make retail deliveries, and to enable the state to achieve its stated electric motor vehicle adoption goals because increased usage of electric motor vehicles in motor vehicle fleets:
(I) Generally reduces emissions of air pollutants, including ozone precursors,
particulate matter pollutants, other hazardous air pollutants, and greenhouse gases, that contribute to adverse environmental effects such as climate change and adverse human health effects, including but not limited to asthma, reduced lung capacity, increased susceptibility to respiratory illnesses, chronic bronchitis, heart disease, and lung cancer, and helps the state meet its statewide greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g), comply with air quality attainment standards, and reduce adverse environmental and health impacts across the state and in communities, including but not limited to disproportionately impacted communities;
(II) Specifically reduces higher localized emissions of such air pollutants in
communities, including but not limited to disproportionately impacted communities, where:
(A) Fleet yards, warehouses, distribution centers, refineries, fuel depots,
waste facilities, and major interstate highways are located;
(B) Usage of fleet motor vehicles is concentrated; and
(C) Residents experience increased risks of air-pollution-related health
impacts such as asthma, reduced lung capacity, increased susceptibility to respiratory illnesses, heart disease, and lung cancer; and
(III) By reducing fuel and maintenance costs, helps businesses and
governmental entities operate more efficiently over time, allowing the cost savings to be reinvested in business growth or used for beneficial public purposes.
(2) The general assembly further finds and declares that:
(a) To incentivize, support, and accelerate the adoption of electric motor
vehicles in motor vehicle fleets in the state and thereby minimize and mitigate the environmental and health impacts of the transportation system and reap the environmental, health, and business and governmental operational efficiency benefits that result from motor vehicle fleet electrification, it is necessary, appropriate, and in the best interest of the state to create a clean fleet enterprise to help businesses and governmental entities that own or operate fleets of motor vehicles use more electric motor vehicles, and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology for certain fleet uses, more compressed natural gas motor vehicles that are fueled by recovered methane, in their motor vehicle fleets;
(b) The enterprise provides business services, including remediation services,
when, in exchange for the payment of fees, it:
(I) Provides financing through grant programs, rebate programs, revolving
loan funds, or any other strategies that the board finds effective;
(II) Helps owners and operators of motor vehicle fleets reduce the up-front
and total costs of using more electric motor vehicles, and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology for certain fleet uses, more compressed natural gas motor vehicles that are fueled by recovered methane, in their fleets;
(III) Supports companion services such as testing, inspection, and
readjustment services;
(IV) Provides outreach, education, or training to support the successful
application and performance of entities receiving funds;
(V) Supports the development of a clean transportation workforce that can
support businesses as they transition to using more electric motor vehicles in their fleets;
(VI) Assesses and supports the implementation of cleaner and more efficient
commercial vehicle technology to support motor vehicle fleet electrification;
(VII) Researches and develops strategies, business plans, and guidance to
support the consistent application of grants and other enterprise business services, including remediation services;
(VIII) Contributes to the implementation of the comprehensive regulatory
scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and
(IX) Provides additional remediation services to offset impacts caused by fee
payers as may be provided by law, including but not limited to:
(A) Incentivizing the use of clean mobile equipment;
(B) Providing planning services to support communities, including but not
limited to disproportionately impacted communities; and
(C) Providing scrappage services;
(c) By providing remediation services as authorized by this section, the
enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(d) By providing remediation services as authorized by this section, the
enterprise provides a benefit to fee payers when it remediates the impacts they cause and therefore operates as a business in accordance with the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36;
(e) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenue collected by the enterprise is generated by fees, not taxes, because the fees imposed by the enterprise as authorized by section 25-7.5-103 (7) and (8) are:
(I) Imposed for the specific purpose of allowing the enterprise to defray the
costs of providing the remediation services specified in this section, including mitigating impacts to air quality and greenhouse gas emissions caused by the activities on which the fee is assessed, and contributes to the implementation of the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and
(II) Collected at rates that are reasonably calculated based on the impacts
caused by fee payers and the cost of remediating those impacts; and
(f) So long as the enterprise qualifies as an enterprise for purposes of
section 20 of article X of the state constitution, the revenue from the fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D).
Source: L. 2021: Entire article added, (SB 21-260), ch. 250, p. 1387, � 11,
effective June 17.
25-7.5-102. Definitions. As used in this article 7.5, unless the context
otherwise requires:
(1) Battery electric motor vehicle means a motor vehicle that is powered
exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion.
(2) Board means the governing board of the enterprise.
(3) Car share ride means a prearranged ride for which the rider agrees, at
the time the rider requests the ride through a digital network, to be transported with another rider who has separately requested a prearranged ride regardless of whether or not another rider is actually transported with the rider.
(4) Commission means the air quality control commission created in
section 25-7-104.
(5) Compressed natural gas motor vehicle means a vehicle that is powered
by an engine fueled by compressed natural gas.
(6) Department means the department of public health and environment
created in section 24-1-119 (1).
(7) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(8) Electric motor vehicle means a battery electric motor vehicle, a
hydrogen fuel cell motor vehicle, or a plug-in hybrid electric motor vehicle.
(9) Enterprise means the clean fleet enterprise created in section 25-7.5-103 (1)(a)(I).
(10) Fund means the clean fleet enterprise fund created in section 25-7.5-103 (5).
(11) Heavy-duty motor vehicle means a motor vehicle that has a gross
vehicle weight rating, as defined in section 42-2-402 (6), of greater than twenty-six thousand pounds.
(12) Hydrogen fuel cell motor vehicle means a motor vehicle that is
powered by electricity produced from a fuel cell that uses hydrogen gas as fuel.
(13) Inflation means the average annual percentage change in the United
States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to be made to the clean fleet per ride fee imposed by section 25-7.5-103 (7) or the clean fleet retail delivery fee imposed by section 25-7.5-103 (8) begins.
(14) Medium-duty motor vehicle means a motor vehicle that has a gross
vehicle weight rating, as defined in section 42-2-402 (6), of more than ten thousand pounds and not more than twenty-six thousand pounds.
(15) Motor vehicle has the meaning set forth in section 42-1-102 (58). The
term does not include a personal delivery device.
(16) Motor vehicle fleet means a group of motor vehicles that is owned or
operated:
(a) By a governmental entity for a public purpose including but not limited to
public school transportation or law enforcement; or
(b) By a business entity for a business if:
(I) The group of motor vehicles is composed primarily of heavy-duty motor
vehicles, medium-duty motor vehicles, or refrigerated trailer units; or
(II) The group of motor vehicles is owned or operated by a company that
rents motor vehicles in the fleet to transportation network company drivers for use in providing transportation network company services or is owned and operated directly, or indirectly through independent contractors who own or lease individual motor vehicles in the group, by a transportation network company or by a retailer for the purpose of making retail deliveries.
(17) Personal delivery device means an autonomously operated robot that
is:
(a) Designed and manufactured for the purpose of transporting tangible
personal property primarily on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians;
(b) Weighs no more than five hundred fifty pounds, excluding any tangible
personal property being transported; and
(c) Operates at speeds of less than ten miles per hour when on sidewalks,
crosswalks, and other public rights-of-way that are typically used by pedestrians.
(18) Plug-in hybrid electric motor vehicle means a motor vehicle that is
powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine.
(19) Prearranged ride has the same meaning as set forth in section 40-10.1-602 (2).
(20) Recovered methane means any of the following if the air pollution
control division determines them to provide a net reduction in greenhouse gas emissions:
(a) Biomethane;
(b) Methane derived from:
(I) Municipal solid waste;
(II) Biomass pyrolysis or enzymatic biomass; or
(III) Wastewater treatment; and
(c) Coal mine methane, as defined in section 40-2-124 (1)(a)(II).
(21) Retail delivery has the same meaning as set forth in section 43-4-218
(2)(e).
(22) Retailer has the same meaning as set forth in section 39-26-102 (8).
(23) Repealed.
(24) Rider has the same meaning as set forth in section 40-10.1-602 (5).
(25) Tangible personal property has the same meaning as set forth in
section 39-26-102 (15).
(26) Transportation network company has the same meaning as set forth in
section 40-10.1-602 (3).
(27) Transportation network company driver has the same meaning as set
forth in section 40-10.1-602 (4).
(28) Transportation network company services has the same meaning as
set forth in section 40-10.1-602 (6).
(29) Zero emissions motor vehicle means a battery electric motor vehicle
or a hydrogen fuel cell motor vehicle.
Source: L. 2021: Entire article added, (SB 21-260), ch. 250, p. 1390, � 11,
effective June 17. L. 2023: (7) amended, (HB 23-1233), ch. 245, p. 1332, � 18, effective May 23; (21) amended and (23) repealed, (SB 23-143), ch. 153, p. 651, � 4, July 1.
Cross references: For the legislative declaration in HB 23-1233, see section 1
of chapter 245, Session Laws of Colorado 2023.
25-7.5-103. Clean fleet enterprise - creation - board - powers and duties -
fees - fund. (1) (a) The clean fleet enterprise is hereby created in the department. The enterprise is and operates as a government-owned business within the department in order to execute its business purpose as specified in subsection (3) of this section by exercising the powers and performing the duties set forth in this section.
(b) The enterprise is a type 1 entity, as defined in section 24-1-105, and
exercises its powers and performs its duties and functions under the department.
(2) (a) The governing board of the enterprise consists of nine members as
follows:
(I) The governor shall appoint six members with the advice and consent of
the senate for terms of the length specified in subsection (2)(b) of this section. One member shall represent a disproportionately impacted community, one member shall have expertise in air pollution reduction, one member shall have expertise in transportation, one member shall have expertise in motor vehicle fleet electrification, one member shall have expertise in business or supply chain management, and one member shall represent a business that owns or operates a motor vehicle fleet. The governor shall make reasonable efforts, to the extent such applications have been submitted for consideration for the board, to consider members that reflect the state's geographic diversity when making appointments and shall make initial appointments no later than October 1, 2021.
(II) The executive director of the department or the executive director's
designee;
(III) The director of the Colorado energy office or the director's designee; and
(IV) The executive director of the department of transportation or the
executive director's designee.
(b) Members of the board appointed by the governor serve for terms of four
years; except that four of the members initially appointed shall serve for initial terms of three years. A member who is appointed to fill a vacancy on the board shall serve the remainder of the unexpired term of the former member. The other board members serve for as long as they hold their positions or are designated to serve.
(c) Members of the board serve without compensation but must be
reimbursed from money in the fund for actual and necessary expenses incurred in the performance of their duties pursuant to this article 7.5.
(3) The business purpose of the enterprise is to incentivize and support the
use of electric motor vehicles, including motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into electric motor vehicles, and, to the extent temporarily necessitated by the limitations of current electric motor vehicle technology for certain fleet uses, compressed natural gas motor vehicles that are fueled by recovered methane, by businesses and governmental entities that own or operate fleets of motor vehicles, including fleets composed of personal motor vehicles owned or leased by individual contractors who provide prearranged rides for transportation network companies or deliver goods for a third-party delivery service. To allow the enterprise to accomplish this purpose and fully exercise its powers and duties through the board, the enterprise may:
(a) Impose a clean fleet per ride fee and a clean fleet retail delivery fee as
authorized by subsections (7) and (8) of this section;
(b) Issue grants, loans, and rebates as authorized by subsection (9) of this
section; and
(c) Issue revenue bonds payable from the revenue and other available money
of the enterprise.
(4) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (4), the enterprise is not subject to section 20 of article X of the state constitution.
(5) (a) The clean fleet enterprise fund is hereby created in the state treasury.
The fund consists of clean fleet per ride fee revenue and clean fleet retail delivery fee revenue credited to the fund pursuant to subsections (7) and (8) of this section, any monetary gifts, grants, donations, or other payments received by the enterprise, any federal money that may be credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the enterprise for the purposes set forth in this article 7.5 and to pay the enterprise's reasonable and necessary operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.
(b) The department may transfer money from any legally available source to
the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the department to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise shall be credited to the clean fleet enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the clean fleet enterprise initial expenses fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the clean fleet enterprise initial expenses fund to the fund. The clean fleet enterprise initial expenses fund is continuously appropriated to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the department for the principal amount of any loan made by the department plus interest at a rate set by the department. Upon receipt of such reimbursement, the department shall remit to the state treasurer for crediting to the general fund the amount needed to fully repay the amount of any general fund money appropriated to the department for the purpose of funding the loan made pursuant to this subsection (5)(b) plus the interest included in the reimbursement.
(6) In addition to any other powers and duties specified in this section, the
board has the following general powers and duties:
(a) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(b) To acquire, hold title to, and dispose of real and personal property;
(c) In consultation with the executive director of the department, or the
executive director's designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purpose;
(d) To contract with any public or private entity, including state agencies,
consultants, and the attorney general's office, for professional and technical assistance, office space, and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The enterprise is encouraged to issue grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications. The board shall generally avoid using sole-source contracts.
(e) To seek, accept, and expend gifts, grants, donations, or other payments
from private or public sources for the purposes of this article 7.5 so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. The enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund.
(f) To provide services as set forth in subsection (9) of this section;
(g) To publish the processes by which the enterprise accepts applications,
the criteria for evaluating applications, and a list of grantees or program participants pursuant to subsection (9) of this section;
(h) To promulgate rules for the sole purpose of setting the amounts of the
clean fleet per ride fee and the clean fleet retail delivery fee at or below the maximum amounts authorized in this section; and
(i) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted by this section.
(7) (a) In furtherance of its business purpose, beginning in state fiscal year
2022-23, the enterprise shall impose a clean fleet per ride fee to be paid by a transportation network company for each prearranged ride requested and accepted through the company's digital network. For the purpose of minimizing compliance costs for transportation network companies and administrative costs for the state, the department of revenue shall collect the clean fleet per ride fee on behalf of the enterprise, and a transportation network company shall pay the fee to the department of revenue as required by section 40-10.1-607.5 (2). The enterprise shall ensure that during the first ten state fiscal years of fee collections, expenditures that support transportation network company operations equal or exceed cumulative clean fleet per ride fee revenue.
(b) For prearranged rides requested and accepted during state fiscal year
2022-23, the enterprise shall impose the clean fleet per ride fee in a maximum amount of:
(I) Three and three-quarters cents for each prearranged ride that is a car
share ride or for which the driver transports the rider in a zero emissions motor vehicle; and
(II) Seven and one-half cents for every other prearranged ride.
(c) (I) Except as otherwise provided in subsection (7)(c)(II) of this section, for
prearranged rides requested and accepted during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the clean fleet per ride fee in a maximum amount that is the applicable maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the clean fleet per ride fee to be collected for rides requested and accepted during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.
(II) The enterprise is authorized to adjust the amount of the clean fleet per
ride fee for prearranged rides requested and accepted during a state fiscal year only if the rate of inflation is positive and cumulative inflation from the time of the last adjustment in the amount of the fee, when applied to the sum of the current clean fleet per ride fee and the current air pollution mitigation per ride fee imposed as required by section 43-4-1303 (7) and rounded to the nearest whole cent, will result in an increase of at least one whole cent in the total amount of the clean fleet per ride fee and the air pollution mitigation per ride fee paid by a person who requests and accepts a prearranged ride. The amount of cumulative inflation to be applied to the sum of the current clean fleet per ride fee and the current air pollution mitigation per ride fee and rounded to the nearest whole cent is the lesser of actual cumulative inflation or five percent.
(d) As required by section 40-10.1-607.5 (3)(a), the department of revenue
shall transmit all net clean fleet per ride fee revenue collected to the state treasurer, who shall credit the revenue to the fund.
(8) (a) In furtherance of its business purpose, beginning in state fiscal year
2022-23, the enterprise shall impose, and the department of revenue shall collect on behalf of the enterprise, a clean fleet retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the clean fleet retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the clean fleet retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).
(b) For retail deliveries of tangible personal property purchased during state
fiscal year 2022-23, the enterprise shall impose the clean fleet retail delivery fee in a maximum amount of five and three-tenths cents.
(c) (I) Except as otherwise provided in subsection (8)(c)(II) of this section, for
retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the clean fleet retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the clean fleet retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.
(II) The enterprise is authorized to adjust the amount of the clean fleet retail
delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.
(9) (a) In furtherance of its business purpose, and subject to the
requirements set forth in this subsection (9), the enterprise is authorized to incentivize, support, and accelerate the adoption of electric motor vehicles in motor vehicle fleets.
(b) The enterprise may provide funding or financing through grant programs,
rebate programs, revolving loan funds, or such other strategies as the board finds effective:
(I) To help public and private owners and operators of motor vehicle fleets
finance electric motor vehicle acquisitions to reduce the up-front costs of acquiring electric motor vehicles, through December 31, 2026, to help public and private owners and operators of motor vehicle fleets finance acquisitions of compressed natural gas motor vehicles that are trucks if at least ninety percent of the fuel for the trucks will be recovered methane, and, on and after January 1, 2027, for so long as the enterprise determines that electric motor vehicles are not yet practically available or do not meet the operational requirements such as cargo carrying capacity and driving range for specific categories of trucks, to help public and private owners and operators of motor vehicle fleets finance acquisitions of compressed natural gas motor vehicles that are trucks if at least ninety percent of the fuel for the trucks will be recovered methane;
(II) To assess and implement cleaner mobile source technology to support
electrification of motor vehicles and electric motor vehicle fleets;
(III) To coordinate engagement with public entities and owners and operators
of motor vehicle fleets to develop strategies for electrifying motor vehicle fleets and other not yet electrified freight transportation and retail delivery operations that can be electrified;
(IV) To research and assess innovative and emerging motor vehicle emission
strategies for motor vehicles and engines and modernize and improve current testing, inspection, and readjustment services offered by the department;
(V) To provide training and development of a clean transportation workforce
to support the adoption of electric motor vehicles for use in motor vehicle fleets;
(VI) To research and develop strategies, business plans, and guidance to
support the consistent application of grants and other enterprise business services, including remediation services;
(VII) To provide outreach, education, or training to support the successful
application and performance by entities receiving funds;
(VIII) To provide or support the delivery of companion services such as fleet
motor vehicle testing, inspection, and readjustment services;
(IX) To reduce health disparities in disproportionately impacted communities
resulting from increased exposure to motor vehicle fleet emissions;
(X) To help companies that maintain motor vehicle fleets and rent motor
vehicles in the fleets to transportation network company drivers for use in providing transportation network company services purchase or lease electric motor vehicles for that use;
(XI) To help transportation network companies provide incentives for
transportation network company drivers to provide prearranged rides in electric motor vehicles; and
(XII) To provide additional remediation services to fee payers as may be
provided by law, including but not limited to incentivizing the use of clean mobile equipment, provide planning services to support communities, including but not limited to disproportionately impacted communities, or provide scrappage services.
(10) The enterprise shall contract with the air pollution control division of the
department to develop proposed rules for the consideration of the commission that will support the enterprise's business services, including remediation services, in a manner that maintains compliance with the federal and state statutes, rules, and regulations governing air quality. The division shall collaborate with the Colorado energy office and the department of transportation when developing the rules.
(11) (a) To ensure transparency and accountability, the enterprise shall:
(I) No later than June 1, 2022, publish and post on its website a ten-year plan
that details how the enterprise will execute its business purpose during state fiscal years 2022-23 through 2031-32 and estimates the amount of funding needed to implement the plan. No later than January 1, 2032, the enterprise shall publish and post on its website a new ten-year plan for state fiscal years 2032-33 through 2041-42.
(II) Create, maintain, and regularly update on its website a public
accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures;
(III) Engage regularly regarding its projects and activities with the public,
specifically reaching out to and seeking input from communities, including but not limited to disproportionately impacted communities, and interest groups that are likely to be interested in the projects and activities; and
(IV) Prepare an annual report regarding its activities and funding and present
the report to the transportation commission created in section 43-1-106 (1) and to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The enterprise shall also post the annual report on its website. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (11)(a)(IV) to the specified legislative committees continues indefinitely.
(b) The enterprise is subject to the open meetings provisions of the
Colorado Sunshine Act of 1972, contained in part 4 of article 6 of title 24, and the Colorado Open Records Act, part 2 of article 72 of title 24.
(c) For purposes of the Colorado Open Records Act, part 2 of article 72 of
title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined.
(d) The enterprise is a public entity for purposes of part 2 of article 57 of title
11.
Source: L. 2021: Entire article added, (SB 21-260), ch. 250, p. 1393, � 11,
effective June 17. L. 2022: (1)(b) amended, (SB 22-162), ch. 469, p. 3369, � 51, effective August 10. L. 2023: (8)(a) amended, (SB 23-143), ch. 153, p. 651, � 5, effective July 1.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
ARTICLE 8
Water Quality Control
Editor's note: This article was numbered as article 28 of chapter 66, C.R.S.
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The substantive provisions of this article were repealed and reenacted in 1981, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1981, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Law reviews: For article, Plans and Studies: The Recent Quest for Utopia in the Utilization of Colorado's Water Resources, see 55 U. Colo. L. Rev. 391 (1984); for article, Assault on the Citadel, Part 1: Water Quality Laws and the Exercise of Water Rights, see 17 Colo. Law. 1305 (1988); for article, Assault on the Citadel, Part 2: Dams, Diversions and Water Quality Regulations, see 17 Colo. Law. 2003 (1988); for article, Nutrient Standards for Lakes and Reservoirs: Where Water Quality Law and Water Rights Law Intersect, see 53 Colo. Law. 38 (Jan.-Feb. 2024).
PART 1
GENERAL PROVISIONS
Law reviews: For article, The Water Quality Act of 1987, see 16 Colo. Law.
826 (1987); for article, Water Law Requirements Affecting Environmental Compliance and Remediation Activities, see 22 Colo. Law. 299 (1993); for article, Water Rights and Water Quality: Recent Developments, see 23 Colo. Law. 2343 (1994); for article, Availability of the Colorado UST Fund to Property Owners and Mortgagees, see 23 Colo. Law. 873 (1994).
C.R.S. § 25-7-413
25-7-413. Methods for reducing wood smoke in program area. (1) Methods for reducing wood smoke in the program area may be implemented, as follows:
(a) Voluntary financial incentives. The lead air quality planning agency for
the Denver metropolitan area shall work with other organizations to establish a program of financial incentives to encourage and defray the costs associated with conversions to Phase III wood stoves or to gas or electric devices. The program shall include incentives to use energy efficient devices.
(b) Educational program. The lead air quality planning agency for the Denver
metropolitan area shall work with public and private organizations to promote the following: The voluntary upgrade of conventional wood-burning stoves to Phase III stoves and the conversion of existing conventional fireplaces to fireplace inserts or to gas or electric devices;
(c) Voluntary conversions. (I) The commission shall establish goals for
voluntary conversion of wood-burning units to cleaner burning technology to be met by December 31, 1994, and by December 31, 1997. The primary objective of the goals shall be to attain and maintain standards for particulate matter established pursuant to the federal Clean Air Act, taking into account other strategies adopted in the state implementation plan. The goals established by the commission may not exceed the following maximum levels:
(A) The conversion or nonuse of one hundred thousand conventional wood-burning fireplaces to clean technology by December 31, 1994, and one hundred fifty
thousand by December 31, 1997;
(B) The conversion or nonuse of twenty thousand conventional wood stoves
to Phase III wood stoves by December 31, 1994, and thirty thousand conversions by December 31, 1997.
(II) The goals established pursuant to subparagraph (I) of this paragraph (c)
may be less than the maximum levels if the commission determines that such nonuse or conversions are not necessary to attain and maintain federal particulate matter standards.
(d) Contingency plan. (I) In the event that goals established in paragraph (c)
of this subsection (1) are not met, or the commission determines that wood-burning controls are necessary to either attain or maintain the standards for particulate matter established pursuant to the 1990 amendments to the federal Clean Air Act, taking into account other strategies, the commission shall develop and implement a contingency plan.
(II) Prior to the development of the contingency plan, the commission shall
contract with an independent contractor to conduct a random survey of the program area to determine public preferences for various wood smoke reduction strategies and shall hold a public hearing before adopting any recommendations concerning wood smoke reduction strategies, which recommendations shall be submitted to the general assembly for action.
(III) Strategies surveyed for public preference and considered by the
commission for inclusion in the contingency plan shall include, but need not be limited to, the following:
(A) Charging a fee for residents of dwellings who wish to burn wood in a
conventional stove or fireplace and using the fee for conversion incentives, enforcement of rules against burning wood without having paid a fee, and monitoring for compliance with rules;
(B) Conversion to clean burning devices upon the sale of a dwelling unit
containing a conventional fireplace or non-Phase III wood stove;
(C) Removal of the exemption for primary heat sources on no-burn days;
(D) A permit-to-burn program with a maximum number of permits
determined by the commission and issued in a random but proportional manner throughout the program area.
(2) Verifying voluntary conversions. To measure and verify progress in
regard to the provisions of subsection (1) of this section, the commission shall do the following:
(a) The commission shall develop measures for obtaining from consumers in
the program area pledges not to use any device other than a Phase III wood stove, fireplace insert, or a gas or electric fireplace; and
(b) The department of revenue shall adopt a procedure for tracking
conversions of non-Phase III wood stoves and fireplaces and, if applicable, the number of non-Phase III wood stoves permanently destroyed, which procedure shall include a requirement that retailers regularly submit to the commission the number of consumer purchases of Phase III wood stoves or inserts or gas or electric fireplaces.
(3) Wood smoke reduction fee - termination. (a) On and after July 1, 1992,
any retailer who sells a new wood stove or insert or a gas or electric fireplace or fireplace that uses a gas or electric device in the program area shall obtain from the purchaser a signed conversion form, which form shall be provided by the department of revenue, or an entity with which the department is hereby authorized to contract, affirming the purchase of such device and indicating whether the purchase is in connection with a conversion to a cleaner burning device. In addition to obtaining the signed conversion form, the retailer shall submit to the department of revenue in accordance with paragraph (b) of this subsection (3) a fee in the amount of one dollar.
(b) On and after July 1, 1992, and in accordance with paragraph (c) of this
subsection (3), the retailer shall submit to the department of revenue the conversion form along with the fee described in paragraph (a) of this subsection (3). The department of revenue shall transmit the fee to the state treasurer who shall credit the same to the wood smoke reduction fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department of revenue to cover the direct and indirect costs of developing a conversion form in accordance with paragraph (a) of this subsection (3), tracking conversion in accordance with paragraph (a) of this subsection (3) and paragraph (b) of subsection (2) of this section, and for the department of public health and environment to conduct a survey in connection with the implementation of a contingency plan in accordance with paragraph (d) of subsection (1) of this section; except that no moneys shall be used for conducting a survey in connection with the implementation of a contingency plan in accordance with paragraph (d) of subsection (1) of this section without specific approval by the joint budget committee. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of this fund shall be credited to the general fund. The department of revenue, or the entity with which the department has contracted pursuant to paragraph (a) of this subsection (3), shall submit a report to the commission on the number of conversions no later than thirty days after receiving reports from retailers in accordance with paragraph (c) of this subsection (3).
(c) The retailer shall submit semi-annual reports to the department of
revenue no later than on the twentieth day of the month after the close of the preceding six-month period together with the conversion forms and the remittance for all fees collected for the preceding six-month period. If no fees are submitted by the retailer, no report is necessary.
(d) Effective July 1, 1997, the wood smoke reduction fund and the wood
smoke reduction fee are eliminated, and the following provisions shall apply:
(I) A retailer within the program area that sells a new wood stove or insert, or
a gas or electric fireplace that uses a gas or electric device, between January 1, 1997, and June 30, 1997, shall submit a final semi-annual report to the department of revenue no later than July 20, 1997, together with:
(A) Signed conversion forms indicating whether such purchases were made
in connection with a conversion to a cleaner burning device; and
(B) A remittance of the wood smoke reduction fees collected during such
period.
(II) A retailer who does not have fees to remit pursuant to sub-subparagraph
(B) of subparagraph (I) of this paragraph (d) need not file a final semi-annual report.
(III) Moneys held by the state treasurer in the wood smoke reduction fund on
July 1, 1997, and any moneys credited to the fund on or after such date shall be transferred to the general fund.
(4) Commission - rule-making. The commission may promulgate rules
necessary for the effectuation of this section.
(5) Repealed.
Source: L. 92: Entire section added, p. 1320, � 1, effective May 27. L. 94: (3)(b)
and (5) amended, p. 2786, � 507, effective July 1. L. 97: (3) amended, p. 1609, � 1, effective June 4. L. 2008: (5) repealed, p. 1907, � 102, effective August 5.
Cross references: For the legislative declaration contained in the 1994 act
amending subsections (3)(b) and (5), see section 1 of chapter 345, Session Laws of Colorado 1994.
PART 5
ASBESTOS CONTROL
Editor's note: This part 5 was added in 1985 and was not amended prior to
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The substantive provisions of this part 5 were repealed and reenacted in 1987, resulting in the addition, relocation, and elimination of sections as well as subject matter. For the text of this part 5 prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Law reviews: For article, Recovering Asbestos Abatement Costs in Tort Actions, see 19 Colo. Law. 659 (1990).
C.R.S. § 25-7-503
25-7-503. Powers and duties of commission - rules - delegation of authority to division. (1) The commission has the following powers and duties:
(a) To promulgate rules pursuant to section 24-4-103 regarding the
following, as are necessary to implement the provisions of this part 5:
(I) Performance standards and practices for asbestos abatement;
(II) (A) Determination of a maximum allowable asbestos level, which shall be
the highest level of airborne asbestos under normal conditions that allows for protection of the general public; except that, until the commission adopts by rule a level, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average, in accord with 29 CFR 1910.1000 (d)(1)(i).
(B) If airborne asbestos fiber levels exceed such a level, a second test of
samples may be collected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis, and calculated as an eight-hour time-weighted average in accord with 29 CFR 1910.1000 (d)(1)(i), before any order of abatement is issued.
(C) Notwithstanding the provisions of sub-subparagraph (A) of this
subparagraph (II), if the asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 0.01 fibers per cubic centimeter of air, the existing asbestos level in such air shall be the maximum allowable asbestos level.
(III) Exemptions in emergency situations from the requirements of section
25-7-505 regarding the certificate to perform asbestos abatement;
(IV) Requirements for air pollution permits. Permits shall be required for
asbestos abatement projects in any building, facility, or property, or any portion thereof, having public access; except that the requirements of this subsection (1)(a)(IV) shall not apply to asbestos abatement projects performed by an individual on a single-family residential dwelling that is the individual's primary residence.
(V) Fees for air pollution permits, site inspections, and any necessary
monitoring for compliance with this part 5;
(VI) Fees for certification as: A trained supervisor, worker, project designer,
inspector, management planner, and air monitoring specialist; and a general abatement contractor;
(VII) and (VIII) Repealed.
(IX) Assessment procedures that determine the need for response actions
for friable asbestos-containing materials. Such procedures shall include, but not be limited to, an initial inspection to determine if asbestos-containing materials are present, visual inspection, and air monitoring that shows an airborne concentration of asbestos during normal occupancy conditions in excess of the maximum allowable level established by the commission in state-owned or state-leased buildings. Nothing in this subsection (1)(a)(IX) shall be construed to require that such assessments be made in state-owned or state-leased buildings; however, such procedures shall be followed in the event any such assessment is made.
(X) Requirements for asbestos management plans to be submitted and
implemented by schools;
(XI) Fees to be collected from schools for review and evaluation of asbestos
management plans;
(b) To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the
following, as are necessary to implement the provisions of this part 5, as required by the federal Clean Air Act, 42 U.S.C. sec. 7412 et seq., as amended:
(I) Determination of the minimum scope of asbestos abatement to which the
provisions of this part 5 shall apply, but not less than:
(A) With regard to asbestos abatement projects on a single-family
residential dwelling, fifty linear feet on pipes or thirty-two square feet on other materials or the equivalent of a fifty-five-gallon drum;
(B) With regard to asbestos abatement projects not subject to sub-subparagraph (A) of this subparagraph (I), two hundred sixty linear feet on pipes or
one hundred sixty square feet on other materials or the equivalent of a fifty-five-gallon drum;
(II) Requirements of notification, as consistent with the federal act, to
demolish, renovate, or perform asbestos abatement in any building, facility, or property, or any portion thereof, that contains asbestos, except within such minimum scope of asbestos abatement or when otherwise exempt;
(III) (A) Procedures for the inspection and monitoring of sites where
demolition, renovation, or the performance of asbestos abatement is taking place, including rules assuring that aggressive air monitoring shall be utilized only in the context of conducting final clearance of an abatement project as outlined in the federal Asbestos Hazardous Emergency Response Act of 1986, 42 U.S.C. sec. 2641 et seq., and pursuant to the regulations found at 40 CFR 763. Specifications as listed in measuring airborne asbestos following an abatement action, published by the environmental protection agency in 1985, shall be adopted by the commission as criteria for aggressive sampling.
(B) The division shall provide information to local governments to be used in
connection with the issuance of a building permit regarding the need for an inspection for the presence of asbestos-containing materials prior to renovation or demolition of any building, facility, or property that may contain asbestos.
(IV) (A) Fees for notifications to demolish, renovate, or perform asbestos
abatement and for any associated site inspections or necessary monitoring for compliance with this part 5.
(B) Fees pursuant to this subparagraph (IV) shall be paid on an annual basis
for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities.
(V) Requirements to prevent any real or potential conflict of interest
between the identification of asbestos-containing materials and the abatement of such materials, including requirements that project managers be used on projects of a certain size, that project managers be independent of the abatement contractor and work strictly on behalf of the building owner to the extent feasible, and that building owners may seek waivers from the project manager requirements.
(c) To approve the examination administered to applicants for certification
as a trained supervisor pursuant to section 25-7-506;
(d) To authorize the division to:
(I) Establish procedures regarding applications, examinations, and
certifications required under this part 5;
(II) Enforce compliance with the provisions of this part 5, the rules and
regulations promulgated thereunder, and any order issued pursuant thereto.
(e) To promulgate rules setting minimum standards for sampling the
asbestos in the air and standards for persons engaging in such sampling and to seek injunctive relief under section 25-7-511.5, including relief against any asbestos air sampler who acts beyond his or her level of competency. In promulgating rules setting such standards, the commission shall not use the term air sampling professional in such standards.
(f) (I) To adopt rules pursuant to section 24-4-103, C.R.S., setting out
required training for persons applying for certification, recertification, or renewal of certificates as required by regulations promulgated by the federal environmental protection agency or the occupational safety and health administration.
(II) Training required pursuant to this paragraph (f) shall not be unduly
duplicative or excessive.
(III) Refresher courses shall be required annually.
(2) Repealed.
Source: L. 87: Entire part R&RE, p. 1147, � 1, effective July 1. L. 88: (1)(a)(II)
and (1)(b)(III) amended, (1)(a)(IX) R&RE, and (2) added, p. 1017, �� 4, 3, effective June 11. L. 90: (1)(e) added, p. 1320, � 2, effective May 24. L. 92: (1)(b)(I) amended, p. 1231, � 35, effective July 1. L. 95: (1)(b) amended and (1)(f) added, p. 20, � 2, effective July 1. L. 2001: (1)(a)(IV), (1)(b)(I), and (1)(b)(III) amended, p. 772, � 5, effective June 1. L. 2006: IP(1)(a), (1)(a)(II)(A), (1)(a)(II)(B), IP(1)(b), (1)(b)(V), and (1)(e) amended, p. 123, � 6, effective March 27. L. 2020: (1)(a)(I) amended, (HB 20-1402), ch. 216, p. 1055, � 58, effective June 30. L. 2022: IP(1)(a), (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX), (1)(b)(II), and (1)(b)(III)(B) amended and (1)(a)(VII), (1)(a)(VIII), and (2) repealed, (HB 22-1232), ch. 362, p. 2593, � 5, effective August 10.
Editor's note: This section is similar to former � 25-7-504 as it existed prior
to 1987.
C.R.S. § 25-7-504
25-7-504. Asbestos abatement project requirements - certificate to perform asbestos abatement - certified trained persons. (1) (a) (Deleted by amendment, L. 2022.)
(b) Any person other than the general abatement contractor who inspects
any building, facility, or property for the presence of asbestos, prepares management plans for public and commercial buildings, designs abatement actions in any building, facility, or property, or conducts abatement actions in any building, facility, or property shall obtain certification pursuant to section 25-7-507.
(2) (a) A general abatement contractor who conducts asbestos abatement in
any building, facility, or property shall obtain a certificate to perform asbestos abatement pursuant to section 25-7-505 unless such abatement project is exempt from the requirement for certification pursuant to rules promulgated by the commission.
(b) Unless otherwise exempt, asbestos abatement shall be performed under
the supervision of an individual certified by the division as a trained supervisor pursuant to section 25-7-506, who shall be at the project site at all times that work is in progress.
(3) The requirements of this section shall apply to asbestos abatement on a
single-family residential dwelling; except that the requirements of this section shall not apply to any individual who performs asbestos abatement on a single-family residential dwelling that is the individual's primary residence.
Source: L. 87: Entire part R&RE, p. 1148, � 1, effective July 1. L. 92: (1)
amended, p. 1231, � 36, effective July 1. L. 2001: (3) amended, p. 773, � 6, effective June 1. L. 2022: (1) and (2)(a) amended, (HB 22-1232), ch. 362, p. 2594, � 6, effective August 10.
C.R.S. § 25-8-1008
25-8-1008. This part 10 does not affect other statutory protections. This part 10 does not affect or supersede the protections granted to park residents pursuant to other statutes, including article 12 of title 38. If a court determines that a provision of this part 10 conflicts with a provision of article 12 of title 38, the court shall apply the statute that grants the stronger protection to the park resident.
Source: L. 2023: Entire part added, (HB 23-1257), ch. 376, p. 2256, � 1,
effective June 5.
ARTICLE 8.5
Cherry Creek Basin Water Quality Authority
25-8.5-101. Legislative declaration. (1) The general assembly hereby finds
and declares that the organization of a Cherry Creek basin water quality authority will:
(a) Be for the public benefit and advantage of the people of the state of
Colorado;
(b) Benefit the inhabitants and landowners within the authority by preserving
water quality in Cherry Creek and Cherry Creek reservoir;
(c) Benefit the people of the state of Colorado by preserving waters for
recreation, fisheries, water supplies, and other beneficial uses;
(d) Promote the health, safety, and welfare of the people of the state of
Colorado.
(2) It is further declared that the authority will provide for effective efforts
by the various counties, municipalities, special districts, and landowners within the boundaries of the authority in the protection of water quality.
(3) It is further declared that the authority should provide that new
developments and construction activities pay their equitable proportion of costs for water quality preservation and facilities.
(4) This article, being necessary to secure the public health, safety,
convenience, and welfare, shall be liberally construed to effect its purposes.
Source: L. 88: Entire article added, p. 1029, � 1, effective April 28.
25-8.5-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Agricultural lands means all lands except land rezoned by a county or
municipality for business, commercial, residential, or similar uses or subdivided lands. Those include property consisting of a lot one acre or more in size which contains a dwelling unit.
(2) Authority means the Cherry Creek basin water quality authority created
pursuant to section 25-8.5-103.
(3) Board means the governing body of the authority provided for in section
25-8.5-106.
(3.5) Conservation district means any conservation district created
pursuant to article 70 of title 35, C.R.S.
(4) County means any county enumerated in article 5 of title 30, C.R.S.
(5) Municipality means a municipality as defined in section 31-1-101 (6),
C.R.S.
(6) Publication means three consecutive weekly advertisements in a
newspaper or newspapers of general circulation within the boundaries of the authority. It shall not be necessary that an advertisement be made on the same day of the week in each of the three weeks, but not less than twelve days, excluding the day of first publication, shall intervene between the first publication and the last publication. Publication shall be complete on the date of the last publication.
(7) Resolution means an ordinance as passed by a member municipality or
a resolution as passed by a member county or special district.
(8) (Deleted by amendment, L. 2002, p. 517, � 12, effective July 1, 2002.)
(9) Special district means any district created pursuant to article 1 of title
32, C.R.S., which has the power to provide sanitation services or water and sanitation services and has wastewater treatment facilities within the boundaries of the authority.
(10) Wastewater treatment facility means a facility providing wastewater
treatment services which has a designed capacity to receive sewage for treating, neutralizing, stabilizing, and reducing pollutants contained therein prior to the disposal or discharge of the treated sewage. Wastewater treatment facility does not include any pretreatment facilities, lift stations, interceptor lines, or other transmission facilities to transmit sewage effluent outside the boundaries of the authority.
Source: L. 88: Entire article added, p. 1030, � 1, effective April 28. L. 2002:
(3.5) added and (8) amended, p. 517, � 12, effective July 1.
25-8.5-103. Creation and organization. The Cherry Creek basin water
quality authority is hereby created. The authority shall be a quasi-municipal corporation and political subdivision of the state, with the powers provided in this article.
Source: L. 88: Entire article added, p. 1030, � 1, effective April 28.
25-8.5-104. Boundaries of authority. (1) The boundaries of the authority
shall be determined by the authority, subject to the following:
(a) The boundaries shall be limited to the drainage basin of Cherry Creek
from its headwaters to the dam at Cherry Creek reservoir, which the general assembly hereby finds to be:
(I) Arapahoe county: Portions of sections thirty-five and thirty-six, township
four south, range sixty-seven west of the sixth principal meridian; a portion of section thirty-one, township four south, range sixty-six west of the sixth principal meridian; portions of sections one, two, three, ten, fifteen, twenty-two, twenty-three, twenty-seven, and thirty-four, and all of sections eleven, twelve, thirteen, fourteen, twenty-four, twenty-five, twenty-six, thirty-five and thirty-six, township five south, range sixty-seven west of the sixth principal meridian; all of sections seven, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six and portions of sections five, six, eight, nine, fourteen, fifteen, sixteen, twenty-three and twenty-four, township five south, range sixty-six west of the sixth principal meridian; all of section thirty-one and portions of sections nineteen, twenty-nine, thirty, and thirty-two, township five south, range sixty-five west of the sixth principal meridian;
(II) Douglas county: Portions of sections four, nine, sixteen, twenty-one,
twenty-eight and thirty-three, and all of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, twenty-nine, thirty, thirty-one, and thirty-two, township six south, range sixty-five west of the sixth principal meridian; township six south, range sixty-six west of the sixth principal meridian; portions of sections three, ten, fifteen, twenty-one, twenty-two, twenty-eight, thirty-one, thirty-two and thirty-three, and all of sections one, two, eleven, twelve, thirteen, fourteen, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, thirty-four, thirty-five and thirty-six, township six south, range sixty-seven west of the sixth principal meridian; portions of sections four, nine, sixteen, and twenty-one, and all of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three, township seven south, range sixty-five west of the sixth principal meridian; township seven south, range sixty-six west of the sixth principal meridian; portions of sections four, five, nine, fourteen, fifteen, sixteen, twenty-three, twenty-five, twenty-six, and thirty-six, and all of sections one, two, three, ten, eleven, twelve, thirteen, and twenty-four, township seven south, range sixty-seven west of the sixth principal meridian; portions of sections twenty-eight and thirty-three and all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, and thirty-two, township eight south, range sixty-five west of the sixth principal meridian; portions of sections six, seven, eighteen, nineteen, twenty-nine, thirty, and thirty-one, and all of sections one, two, three, four, five, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, thirty-two, thirty-three, thirty-four, thirty-five and thirty-six, township eight south, range sixty-six west of the sixth principal meridian; a portion of section one, township eight south, range sixty-seven west of the sixth principal meridian; all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two and thirty-three, township nine south, range sixty-five west of the sixth principal meridian; all of township nine south, range sixty-six west excepting portions of sections six and seven; portions of sections thirteen, twenty-three, twenty-four, twenty-five, and thirty-six, township nine south, range sixty-seven west of the sixth principal meridian; portions of sections twenty-eight and thirty-three, and all of sections four, five, six, seven, eight, nine, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, and thirty-two, township ten south, range sixty-five west of the sixth principal meridian; portions of sections five, six, seven, eight, seventeen, eighteen, nineteen, twenty-nine, thirty, thirty-one, and all of sections one, two, three, four, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, thirty-two, thirty-three, thirty-four, thirty-five and thirty-six, township ten south, range sixty-six west of the sixth principal meridian; a portion of section one, township ten south range sixty-seven west of the sixth principal meridian.
(b) Lands may be included within the boundaries of the authority pursuant to
section 25-8.5-119.
(c) Lands within the boundaries identified in paragraph (a) of this subsection
(1) may be excluded from the authority pursuant to section 25-8.5-120.
(2) The authority shall maintain a current map, showing all lands that are
included in the authority's boundaries.
Source: L. 88: Entire article added, p. 1031, � 1, effective April 28.
25-8.5-105. Authority members. (1) The following entities shall be
members of the authority:
(a) Each county that has property within the authority's boundaries shall
have one member;
(b) Each municipality that has property within the authority's boundaries
shall have one member;
(c) The special districts that include in their service areas property within the
Cherry Creek basin and that own and operate wastewater treatment services facilities in the Cherry Creek basin shall collectively be represented by a single member of the authority. For the purposes of this paragraph (c), wastewater treatment services shall mean a wastewater treatment facility with a designed capacity to receive more than two thousand gallons of sewage per day.
(d) A total of seven members shall be appointed by the governor to
represent sports persons, recreational users, and concerned citizens. A minimum of two of these appointees shall be residents of Colorado and shall be from bona fide sports persons' or recreational organizations that have members who use the reservoir. A minimum of two of these appointees shall be from bona fide citizen or environmental organizations interested in preserving water quality with members who use the reservoir or live within Cherry Creek basin. At least three of the appointed members shall have backgrounds in or professional training regarding water quality issues. The term of appointment is four years; except that the terms shall be staggered so that no more than four members' terms expire in the same year.
Source: L. 88: Entire article added, p. 1032, � 1, effective April 28. L. 2001: (1)
amended, p. 896, � 1, effective August 8. L. 2022: (1)(d) amended, (SB 22-013), ch. 2, p. 60, � 80, effective February 25.
25-8.5-106. Board of directors. (1) The governing body of the authority shall
be a board of directors which shall exercise and perform all powers, rights, privileges, and duties invested or imposed by this article.
(2) Each authority member shall appoint one representative and two
alternates to serve on the board. The representative and alternates for the special district authority member shall be chosen by unanimous consent of the special districts referenced in section 25-8.5-105 (1)(c), or included under section 25-8.5-119. Any county, municipality, or special district that provides wastewater treatment services by contract with another entity that is a member of the authority shall not be entitled to a separate member on the board, and such a special district shall not be entitled to representation by the special district member.
(3) Directors shall be appointed for terms of two years. Notice of each
appointment shall be given to the recording secretary for the authority.
(4) No director shall receive compensation as an employee of the authority.
Reimbursement of actual expenses for directors shall not be considered compensation.
(5) An appointment to fill a vacancy on the board shall be made by the
authority member for the remainder of the unexpired term.
(6) If a board member or designated alternate fails to attend two
consecutive regular meetings of the board, the authority may submit a written request to the appointing authority member to have its representative attend the next regular meeting. If, following such request, said representative fails to attend the next regular board meeting, the board may appoint an interim representative from the authority member's jurisdiction to serve until the authority member appoints a new representative.
(7) An authority member, at its discretion, may remove from office any board
member or designated alternate representing the authority member and appoint a successor.
(8) The board shall elect one of its members as chairman of the authority and
one of its members as secretary-treasurer and shall appoint a recording secretary who may be a member of the board.
(9) The recording secretary shall keep in a visual text format that may be
transmitted electronically a record of all of the authority's meetings, resolutions, certificates, contracts, bonds given by employees or contractors, and all corporate acts which shall be open to inspection of all interested parties.
(10) The secretary-treasurer shall keep strict and accurate accounts of all
money received by and disbursed for and on behalf of the authority.
Source: L. 88: Entire article added, p. 1032, � 1, effective April 28. L. 2001: (2)
amended, p. 897, � 2, effective August 8. L. 2009: (9) amended, (HB 09-1118), ch. 130, p. 561, � 3, effective August 5.
25-8.5-107. Voting. (1) Each authority member, through its designated
director or designated alternate acting in the director's place, shall be entitled to one vote.
(2) Board action upon proposed waste load allocations, site location or site
plans selected pursuant to section 25-8-702, discharge permits secured pursuant to section 25-8-501, amendments to the authority's wastewater management plan, and all budget and funding decisions shall require an affirmative vote of a majority of all authority members. Any vote by the special district member on such board action shall reflect the majority of the represented special districts.
(3) All decisions of the board not enumerated in subsection (2) of this section
shall be made and decided by a majority of the quorum. A quorum requires that at least fifty percent of all authority members be present.
(4) A director shall disqualify himself from voting on any issue in which he
has a conflict of interest unless such director has disclosed such conflict of interest in compliance with section 18-8-308, C.R.S., in which case such disclosure shall cure the conflict. A director shall abstain from voting if the director would obtain a personal financial gain from the contract or services being voted upon by the authority.
(5) Notwithstanding subsection (2) of this section, any vote regarding a
change in the levy and collection of ad valorem taxes pursuant to section 25-8.5-111 (1)(p)(I) shall be limited to authority members representing municipalities or counties within the authority's boundaries.
Source: L. 88: Entire article added, p. 1033, � 1, effective April 28. L. 2001: (2)
and (3) amended and (5) added, p. 897, � 3, effective August 8.
25-8.5-108. Ex officio members. (1) Ex officio members shall be provided
with notice of the authority meetings. Ex officio members shall not serve on the board. Ex officio members are not voting members. The following shall be considered ex officio members:
(a) Every conservation district of which more than two-thirds of its territory is
included within the authority's boundaries;
(b) Any other governmental or quasi-governmental agency designated as an
ex officio member by the authority.
Source: L. 88: Entire article added, p. 1034, � 1, effective April 28. L. 2002:
(1)(a) amended, p. 517, � 13, effective July 1.
25-8.5-109. Meetings. (1) The board shall fix the time and place at which its
regular meetings shall be held and provide for the calling and holding of special meetings.
(2) Notice of the time and place designated for all regular meetings shall be
posted at the office of the county clerk and recorder of each of the counties included within the authority. Such notices shall remain posted and shall be changed in the event that the time or place of such regular meetings is changed.
(3) Special meetings of the board shall be held at the call of the chairman or
upon request of two board members. The authority shall inform all board members five calendar days before the special meeting and shall post notice in accordance with subsection (2) of this section at least three days before the special meeting of the date, time, and place of such special meeting and the purpose for which it is called.
(4) All business of the board shall be conducted only during said regular or
special meetings, and all said meetings shall be open to the public, but the board may hold executive sessions as provided in part 4 of article 6 of title 24, C.R.S.
Source: L. 88: Entire article added, p. 1034, � 1, effective April 28. L. 91: (4)
amended, p. 821, � 5, effective June 1.
25-8.5-110. Powers of board - organization - administration. (1) The board
has the following powers relating to carrying on the affairs of the authority:
(a) To organize, adopt bylaws and rules of procedure, and select a chairman
and chairman pro tempore;
(b) To make and pass resolutions and orders which are necessary for the
governance and management of the affairs of the authority, for the execution of the powers vested in the authority, and for carrying out the provisions of this article;
(c) To fix the location of the principal place of business of the authority and
the location of all offices maintained under this article;
(d) To prescribe by resolution a system of business administration, to create
any and all necessary offices, to establish the powers and duties and compensation of all employees, and to require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority;
(e) To appoint and retain employees, agents, and consultants to make
recommendations, coordinate authority activities, conduct routine business of the authority, and act on behalf of the authority under such conditions and restrictions as shall be fixed by the board;
(f) To prescribe a method of auditing and allowing or rejecting claims and
demands and a method for the letting of contracts on a fair and competitive basis for the construction of works, structures, or equipment or for the performance or furnishing of such labor, materials, or supplies as may be required for the carrying out of any of the purposes of this article.
Source: L. 88: Entire article added, p. 1034, � 1, effective April 28.
25-8.5-111. Powers of authority - general and financial. (1) In order to
accomplish its purposes, the authority has the power to:
(a) Develop and implement, with such revisions as become necessary in light
of changing conditions, plans for water quality controls for the reservoir, applicable drainage basin, waters, and watershed, to achieve and maintain the water quality standards. In particular, the authority shall submit, within two years after August 8, 2001, a plan to the water quality control commission that is intended to meet state water quality standards, including measures to mitigate the impacts of nonpoint source pollutants.
(b) Conduct pilot studies and other studies that may be appropriate for the
development of potential water quality control solutions;
(c) Develop and implement programs to provide credits, incentives, and
rewards within the Cherry Creek basin plan for water quality control projects;
(d) Recommend the maximum loads of pollutants allowable to maintain the
water quality standards;
(e) Recommend erosion controls and urban runoff control standards and
conduct educational programs regarding such controls in the basin;
(f) Recommend septic system maintenance programs;
(g) Incur debts, liabilities, and obligations;
(h) Have perpetual existence;
(i) Have and use a corporate seal;
(j) Sue and be a party to suits, actions, and proceedings;
(k) Enter into contracts and agreements affecting the affairs of the authority
including, but not limited to, contracts with the United States and the state of Colorado and any of their agencies or instrumentalities, political subdivisions of the state of Colorado, corporations, and individuals;
(l) Acquire, hold, lease (as lessor or lessee), and otherwise dispose of and
encumber real and personal property;
(m) Acquire, lease, rent, manage, operate, construct, and maintain water
quality control facilities or improvements for drainage, nonpoint sources, or runoff within or without the authority;
(n) Establish rates, tolls, fees, charges, and penalties except on agricultural
land for the functions, services, facilities, and programs of the authority; except that the total annual revenue collected from said rates, tolls, fees, and charges, less the cost of said functions, services, facilities, and programs, shall not exceed thirty percent of the annual authority budget;
(o) Establish in cooperation with the department of natural resources fees
for Cherry Creek reservoir users, which amounts shall be subject to the review and approval of the board of parks and outdoor recreation, which shall not unreasonably withhold approval. Said reservoir fees, including all users regardless of activity, however established, shall not in total exceed the amount that would be collected if the reservoir user fee was one dollar per reservoir user per year.
(p) (I) Levy and collect ad valorem taxes on and against all taxable property
within the authority subject to the limitation that no mill levy for any fiscal year shall exceed one-half mill; however, ad valorem taxes greater than one-half mill can be levied by the authority if it is approved by the electors at an election held according to the procedures of part 8 of article 1 of title 32, C.R.S.
(II) No property tax shall be levied until the fees from the recreation users
and the development fees are established.
(q) Issue and refund revenue and assessment bonds and pledge the
revenues of the authority or assessments therefor to the payment thereof in the manner provided in part 4 of article 35 of title 31, C.R.S., and as provided in this article;
(r) Invest any moneys of the authority in securities meeting the investment
requirements established in part 6 of article 75 of title 24, C.R.S.;
(s) Review and approve water quality control projects of any entity other
than the authority within the boundaries of the authority;
(t) Except that the authority shall not have the power to regulate agricultural
nonpoint source activities; such agricultural nonpoint source activities shall be subject only to the provisions of section 25-8-205 (5);
(u) Have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted to the authority by this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.
(2) Nothing in subsection (1) of this section shall be construed as authorizing
the authority to take any action or spend any moneys in a manner that is inconsistent with its statutory purpose to protect and preserve the water quality of Cherry Creek reservoir. Consistent therewith, the authority shall expend funds only pertaining to the water quality standards, control regulations, or similar regulations regarding the water quality of Cherry Creek and Cherry Creek reservoir if such expenditures are clearly consistent with improving, protecting, and preserving such water quality. The authority shall focus its efforts on improving, protecting, and preserving the water quality of Cherry Creek and Cherry Creek reservoir, and on achieving and maintaining the existing water quality standards.
(3) Of the revenues collected by the authority under paragraphs (n), (o), and
(p) of subsection (1) of this section, a minimum of sixty percent on an annual basis shall be spent on construction and maintenance of pollution abatement projects in the Cherry Creek basin or on payments due under loans or other debt incurred and spent by the authority entirely upon such projects.
Source: L. 88: Entire article added, p. 1035, � 1, effective April 28. L. 89: (1)(r)
amended, p. 1111, � 17, effective July 1. L. 2001: (1)(a), (1)(d), (1)(e), and (1)(n) amended and (2) and (3) added, p. 898, � 4, effective August 8.
25-8.5-112. Power to issue bonds. To carry out the purposes of this article,
the board is authorized to issue revenue or assessment bonds of the authority. Bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum interest rate set forth in the resolution adopted by the board authorizing the issuance of the bonds, payable semiannually, and shall be due and payable serially, either annually or semiannually, commencing not later than three years after date of issuance. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium not exceeding three percent of the principal thereof. Said bonds shall be executed in the name and on behalf of the authority, signed by the chairman of the board with the seal of the authority affixed thereto, and attested by the secretary of the board. Said bonds shall be in such denominations as the board shall determine, and the bonds and coupons shall bear the original or facsimile signature of the chairman of the board.
Source: L. 88: Entire article added, p. 1036, � 1, effective April 28.
25-8.5-113. Revenue refunding bonds. Any revenue bonds issued by the
authority may be refunded by the authority, or by any successor thereof, in the name of the authority, subject to the provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, by the issuance of bonds to refund, pay, and discharge all or any part of such outstanding bonds, including any interest on the bonds in arrears or about to become due, for the purpose of avoiding or terminating any default in the payment of the interest on and principal of the bonds, of reducing interest costs or effecting other economies, or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any system appertaining thereto or for any combination of such purposes. Refunding bonds may be delivered in exchange for the outstanding bonds refunded or may be sold as provided in this article for an original issue of bonds.
Source: L. 88: Entire article added, p. 1036, � 1, effective April 28.
25-8.5-114. Use of proceeds of revenue refunding bonds. The proceeds of
revenue refunding bonds shall either be immediately applied to the retirement of the bonds being refunded or be placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation to be applied to the payment of the bonds being refunded upon their presentation therefor; but, to the extent any incidental expenses have been capitalized, such refunding bond proceeds may be used to defray such expenses, and any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon or the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine. Any such escrow shall not necessarily be limited to proceeds of refunding bonds but may include other moneys available for its purpose. Any proceeds in escrow, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S. Such proceeds and investments in escrow, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom to pay the bonds being refunded as they become due at their respective maturities or due at any designated prior redemption dates in connection with which the board shall exercise a prior redemption option. Any purchase of any refunding bond issued under this article shall in no manner be responsible for the application of the proceeds thereof by the authority or any of its officers, agents, or employees.
Source: L. 88: Entire article added, p. 1037, � 1, effective April 28. L. 89:
Entire section amended, p. 1111, � 18, effective July 1.
25-8.5-115. Facilities - comprehensive program. (1) The authority, acting by
and through the board, may acquire, construct, lease, rent, improve, equip, relocate, maintain, and operate water quality control facilities, any project, or any part thereof for the benefit of the authority and the inhabitants thereof, after the board has made such preliminary studies and otherwise taken such action as it determines to be necessary or desirable.
(2) (a) The authority shall develop a comprehensive program for the water
quality control facilities specified in subsection (1) of this section. A comprehensive program may consist of one project or more than one project.
(b) A hearing on the proposed comprehensive program shall be scheduled,
and notice of the hearing shall be given by publication and posted in the office of the county clerk and recorder of each member county. Upon closure of the hearing, the board may either require changes to be made in the comprehensive program or the board may approve or reject the comprehensive program as prepared.
(c) If any substantial changes to the comprehensive program are ordered at
any time, a further hearing shall be held pursuant to notice which shall be given by publication.
Source: L. 88: Entire article added, p. 1037, � 1, effective April 28.
25-8.5-116. Coordination with drainage and flood control measures. (1) Any
exercise by the authority of the powers granted by section 25-8.5-111 or 25-8.5-115 which affects drainage and flood control shall be consistent with and conform to the drainage and flood control program of the urban drainage and flood control district adopted pursuant to section 32-11-214, C.R.S., the resolutions, rules, regulations, and orders of the district issued pursuant to section 32-11-218 (1)(e), C.R.S., and any flood plain zoning resolutions, rules, regulations, and orders of any public body having jurisdiction to adopt the same.
(2) Construction by the authority of drainage or water quality control
facilities which might or will affect drainage or flood control within the boundaries of the urban drainage and flood control district shall not be undertaken until a proposal therefor has been presented to and approved by the board of directors of said district. Such proposal shall demonstrate compliance with the requirements of subsection (1) of this section, and the board shall apply the same standards of flood control and drainage criteria for approval thereof as it applies for review of proposals presented for approval pursuant to section 32-11-221, C.R.S. The provisions of section 32-11-221, C.R.S., shall apply to the presentation, consideration, and determination by said board of directors of any such proposal or modification thereof.
Source: L. 88: Entire article added, p. 1038, � 1, effective April 28.
25-8.5-117. Transfer of powers. (1) Upon the adoption of the board of
directors of the urban drainage and flood control district and the board of directors of the authority created herein of a joint resolution delegating the agreed-upon responsibility to the urban drainage and flood control district for carrying out and meeting, within the district's boundaries, the compliance requirements and the permitting requirements imposed with respect to storm water runoff quality by the federal Water Quality Act of 1987 and any regulations and standards adopted pursuant thereto or pursuant to state law, all powers contained in this act to deal with water quality control and compliance relating to the agreed-upon aspects of storm water runoff and nonpoint sources of pollution, including financial powers and special assessment powers but not including ad valorem taxation powers, shall be transferred to the urban drainage and flood control district.
(2) Upon the transfer of powers as provided in subsection (1) of this section,
any allocation of waste loads affecting storm water runoff or nonpoint sources of pollution proposed or adopted by the authority shall be effective only upon adoption thereof or concurrence therewith by the board of directors of the urban drainage and flood control district.
(3) If the urban drainage and flood control district accepts the responsibility
and the transfer of powers as provided in subsection (1) of this section, after completion of a plan for water quality controls by the authority which involves storm drainage runoff or nonpoint sources and after commencement of implementation of such plan, the district shall be bound to carry out the plan as it relates to the storm water and nonpoint source powers transferred to it within the time requirements, if any, of the plan.
Source: L. 88: Entire article added, p. 1038, � 1, effective April 28.
25-8.5-118. Power to levy special assessments. (1) The board, in the name
of the authority, for the purpose of defraying all the cost of acquiring or constructing, or both, any project or facility authorized by this article, or any portion of the cost thereof not to be defrayed with moneys available therefor from its own funds, any special funds, or otherwise, also has the power under this article:
(a) To levy assessments against all or portions of the property within the
authority and to provide for collection of the assessments pursuant to part 6 of article 20 of title 30, C.R.S.;
(b) To pledge the proceeds of any assessments levied under this article to
the payment of assessment bonds and to create liens on such proceeds to secure such payments;
(c) To issue assessment bonds payable from the assessments, which
assessment bonds shall constitute special obligations of the authority and shall not be a debt of the authority; and
(d) To make all contracts, to execute all instruments, and to do all things
necessary or convenient in the exercise of the powers granted in this article or in the performance of the authority's duties or in order to secure the payment of its assessment bonds.
(2) The authority shall give notice, by publication once in a newspaper of
general circulation in the authority, to the owners of the property to be assessed, which shall include:
(a) The kind of improvements proposed;
(b) The number of installments and the time in which the cost of the project
will be payable;
(c) A description of the properties which will be assessed;
(d) The probable cost per acre or other unit basis which, in the judgment of
the authority, reflects the benefits which accrue to the properties to be assessed; except that no benefit shall accrue to agricultural lands;
(e) The time, not less than thirty days after the publication, when a resolution
authorizing the improvements will be considered;
(f) A map of the properties to be assessed, together with an estimate and
schedule showing the approximate amounts to be assessed, and a statement that all resolutions and proceedings are on file and may be seen and examined by any interested person at the office of the authority or other designated place at any time within said period of thirty days; and
(g) A statement that all complaints and objections by the owners of property
to be assessed in writing concerning the proposed improvements will be heard and determined by the authority before final action thereon.
(3) The finding, by resolution, of the board that said improvements were
ordered after notice given and after hearing held and that such proposal was properly initiated by the said authority shall be conclusive of the facts so stated in every court or other tribunal.
(4) Any resolution or order regarding the assessments or improvements may
be modified, confirmed, or rescinded at any time prior to the passage of the resolution authorizing the improvements.
Source: L. 88: Entire article added, p. 1039, � 1, effective April 28.
25-8.5-119. Inclusion of property. (1) Any municipality, county, or special
district, or any portion thereof, shall be eligible for inclusion upon resolution of its governing body requesting inclusion in the authority and describing the property to be included. The authority, by resolution, may include such property on such terms and conditions as may be determined appropriate by the board.
(2) Upon receipt of a resolution requesting inclusion, the board shall cause
an investigation to be made within a reasonable time to determine whether or not the municipality, county, or special district, or portion thereof, may feasibly be included within the authority, whether the municipality, county, or special district has any property which is tributary to the basin, waters, or watersheds governed by the authority, and the terms and conditions upon which the municipality, county, or special district may be included within the authority. If it is determined that it is feasible to include the municipality, county, or special district, or portion thereof, in the authority, and the municipality, county, or special district has property tributary to the basin, waters, or watersheds governed by the authority, the board by resolution shall set the terms and conditions upon which the municipality, county, or special district, or portion thereof, may be included within the authority and shall give notice thereof to the municipality, county, or special district. If the board determines that the municipality, county, or special district, or portion thereof, cannot feasibly be included within the authority or otherwise determines that the municipality, county, or special district should not be included within the authority, the board shall pass a resolution so stating and notifying the municipality, county, or special district of the action of the board. The board's determination that the county, municipality, or special district, or portion thereof, should not be included in the authority shall be conclusive.
(3) (a) If the governing body of the municipality, county, or special district
desires to include the municipality, county, or special district, or portion thereof, within the authority upon the terms and conditions set forth by the board, the governing body shall adopt a resolution declaring that the public health, safety, and general welfare requires the inclusion of said municipality, county, or special district within the authority and that the governing body desires to have said municipality, county, or special district, or portion thereof, included therein upon the terms and conditions prescribed by the board. The governing body of such municipality, county, or special district, before final adoption of said resolution, shall hold a public hearing thereon, notice of which shall be given by publication in a newspaper of general circulation within such municipality, county, or special district, which shall be complete at least ten days before the hearing. Upon the final adoption of said resolution, the clerk of the governing body of such municipality, county, or special district shall forthwith transmit a certified copy of the resolution to the board and to the division of local government in the department of local affairs.
(b) After receipt of a copy of such resolution, the board shall pass and adopt
a resolution including said municipality, county, or special district, or portion thereof, in the authority and shall cause a certified copy thereof to be transmitted to the division of local government and a certified copy to the governing body of the municipality, county, or special district.
(4) The director of said division, upon receipt of a certified copy of the
resolution of the board, shall forthwith issue a certificate reciting that the municipality, county, or special district, or portion thereof, described in such resolution has been duly included within the authority according to the laws of the state of Colorado. The inclusion of such territory shall be deemed effective upon the date of the issuance of such certificate, and the validity of such inclusion shall not be contestable in any suit or proceeding which has not been commenced within thirty days from such date. The said division shall forthwith transmit to the governing body of such municipality, county, or special district and to the board five copies of such certificate, and the clerk of such governing body shall forthwith record a copy of the certificate in the office of the clerk and recorder of each county in which such municipality, county, or special district, or portion thereof, is located and file a copy thereof with the county assessor of each such county. Additional copies of said certificate shall be issued by the division of local government upon request.
Source: L. 88: Entire article added, p. 1040, � 1, effective April 28.
25-8.5-120. Exclusion of property. (1) Any owner of property within the
boundaries of the authority may petition to be excluded from the authority.
(2) In order for such property to be excluded, the board must determine that
the property does not receive wastewater treatment services or have an on-site wastewater treatment system located within the authority and either:
(a) Was improperly included within the authority; or
(b) Is not tributary to the basin, waters, or watersheds governed by the
authority or will not benefit from projects or improvements provided by the authority.
(3) Any petition for exclusion shall specify the property to be excluded and
evidence that the property complies with the criteria of subsection (2) of this section.
(4) The authority shall provide notice of the date, time, and place of the
authority's meeting to consider the petition for exclusion.
(5) The authority may approve, modify, or deny a petition for exclusion.
(6) If the authority approves a petition for exclusion of property, the
authority shall file a copy of said resolution with the division of local government and with the county, municipality, or special district authority members which includes within its boundaries the excluded property, record a copy of the resolution in the office of the county clerk and recorder in the county in which said excluded property is located, and file a copy with the county assessor in such county.
Source: L. 88: Entire article added, p. 1041, � 1, effective April 28. L. 2012:
IP(2) amended, (HB 12-1126), ch. 137, p. 499, � 6, effective August 8.
ARTICLE 9
Water and Wastewater Treatment
Facility Operators
C.R.S. § 25-8-107
25-8-107. Cross-connection control services - backflow prevention devices - requirements - definitions. (1) Nothing in this section applies to or affects any other section in this article 8.
(2) Nothing in this section requires the department of public health and
environment to perform inspections.
(3) Nothing in this section requires the commission or the department of
public health and environment to enforce this section.
(4) (a) On and after July 1, 2025, a certified cross-connection control
technician or a licensed plumber with a cross-connection control technician certification who tests or repairs a backflow prevention device shall affix a tag on the backflow prevention device that contains the following information:
(I) The name and contact information of the business with which the certified
cross-connection control technician or the licensed plumber with a cross-connection control technician certification is affiliated;
(II) The date the service was provided;
(III) A description of the service provided; and
(IV) The ASSE or ABPA certification number of the certified cross-connection control technician or the licensed plumber with a cross-connection
control technician certification, along with the plumbing contractor's registration number or the license number of the master plumber attached to the contractor, issued by the state plumbing board, if applicable.
(b) A certified cross-connection control technician or a licensed plumber
with a cross-connection control technician certification may document multiple services on one tag.
(5) As used in this section, unless the context otherwise requires:
(a) ABPA means the American Backflow Prevention Association or its
successor organization.
(b) ASSE means the American Society of Sanitary Engineering or its
successor organization.
(c) Certified cross-connection control technician means an individual who
possesses a valid backflow prevention assembly tester certification from the ASSE or the ABPA.
(d) Licensed plumber with a cross-connection control technician
certification means an individual who is a licensed plumber and possesses a valid backflow prevention assembly tester certification from the ASSE or the ABPA.
Source: L. 2025: Entire section added, (HB 25-1077), ch. 39, p. 188, � 3,
effective March 28.
PART 2
WATER QUALITY CONTROL COMMISSION
C.R.S. § 25-8-205.3
25-8-205.3. Exemption from control regulations for graywater research - definition - repeal. (1) Subject to the conditions set forth in subsection (2) of this section, a water utility, an institution of higher education in Colorado, or a public or private entity that a water utility or an institution of higher education in Colorado contracts with to conduct graywater research on the utility's or institution's behalf may collect, treat, and use graywater in a manner that departs from the requirements of the commission's control regulations, as promulgated pursuant to section 25-8-205 (1)(g), for the purpose of conducting scientific research on the collection, treatment, and use of graywater.
(2) A person collecting, treating, or using graywater pursuant to this section:
(a) Shall collect and use the graywater in accordance with the terms and
conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows;
(b) Shall utilize a graywater treatment works system that incorporates a
secondary water supply, such as a municipal water supply, to provide an alternative source of water if any portion of the system does not function properly; however, this subsection (2)(b) does not apply to scientific research involving the use of graywater exclusively for irrigation purposes;
(c) (I) May collect, treat, and use the graywater in an area that is not within
the jurisdiction of any city, city and county, or county that has adopted an ordinance or resolution authorizing graywater use pursuant to section 25-8-205 (1)(g)(II);
(II) This subsection (2)(c) is repealed, effective January 1, 2026.
(d) May use the graywater for a nonpotable beneficial use including
irrigation or toilet flushing if such use is tied to the purpose of the person's scientific research;
(e) Must comply with 45 CFR 46 and other applicable statutes and
regulations for scientific research involving human exposure to graywater; and
(f) On an annual basis, shall report to the water resources and agriculture
review committee, created in section 37-98-102, the results of periodic monitoring of the project conducted to assess:
(I) The functioning of the graywater treatment works system used to collect
graywater; and
(II) For scientific research involving human exposure, the project's continued
compliance with the requirements of the federal department of health and human services' regulations concerning the protection of human research subjects, codified in 45 CFR 46.
(3) Only an institution of higher education or a person contracting with an
institution of higher education may collect, treat, and use graywater for research involving human exposure.
(4) As used in this section, scientific research involving human exposure
means a research study in which:
(a) Empirical data is collected and analyzed about collection, treatment, or
use of graywater; and
(b) Humans participate as subjects in the study.
Source: L. 2017: Entire section added, (HB 17-1008), ch. 199, p. 723, � 3,
effective August 9. L. 2022: IP(2)(f) amended, (SB 22-030), ch. 59, p. 269, � 4, effective August 10. L. 2024: (2)(c)(II) added by revision, (HB 24-1362), ch. 277, pp. 1842, 1843 �� 5, 6.
C.R.S. § 25-8-502
25-8-502. Application - fees - funds created - public participation - rules - definitions - repeal. (1) For the purposes of this section:
(a) Animal feeding operation or CAFO means a lot or facility, other than
an aquatic animal production facility, where:
(I) Animals, other than aquatic animals, have been, are, or will be stabled or
confined and fed or maintained for a total of forty-five days or more in any twelve-month period; and
(II) Crops, vegetation, forage growth, or post-harvest residues are not
sustained in the normal growing season over any portion of the lot or facility.
(b) Categorical effluent standards means those standards established by
the federal environmental protection agency pursuant to section 307 (b) of the federal act.
(c) Discharge means the discharge of pollutants, and includes land
application.
(d) Gallons per day is based on design capacity of the facility, not flow.
(e) Land application is any discharge being applied to the land for
treatment purposes.
(f) Municipal separate storm sewer system or MS4 means a conveyance
or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:
(I) Owned or operated by a state, city, town, county, district, association, or
other public body created by or pursuant to state law having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district, drainage district, or similar entity, or a designated and approved management agency under section 208 of the federal act that discharges to state waters;
(II) Designed or used for collecting or conveying storm water;
(III) Not a combined sewer; and
(IV) Not part of a publicly owned treatment works.
(g) Significant industrial discharger means an industrial discharger that
meets one or more criteria established by the federal environmental protection agency pursuant to section 307 (b) of the federal act.
(1.1) For each regulated activity listed in this subsection (1.1), the division may
assess an annual permit fee and a nonrefundable permit application fee for new permits, which nonrefundable permit application fee is in an amount that equals fifty percent of the annual permit fee. The full amount of the application fee is credited toward the annual permit fee. All such fees must be in accordance with the following schedules:
(a) The animal agriculture sector includes annual fee schedules for
regulated activities associated with animal feeding operations as follows:
(I) General permit: The division shall assess a CAFO an annual permit fee not
to exceed seven hundred fifty dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.
(II) Individual permit: The division shall assess a CAFO an annual permit fee
not to exceed one thousand five hundred dollars plus nine cents per animal unit, based on the CAFO's permitted capacity.
(III) The division shall assess an unpermitted CAFO an annual administrative
fee, not to exceed six cents per animal unit, based upon the CAFO's registered capacity, to cover the direct and indirect costs associated with the environmental agriculture program, including inspections, compliance assurance, compliance assistance, and associated regulatory interpretation and review.
(IV) (A) Repealed.
(B) The division shall assess on each housed commercial swine feeding
operation an annual permit fee, not to exceed twenty-six cents per animal, based on the operation's working capacity, to offset the direct and indirect costs of the program created in section 25-8-501.1.
(C) As used in this subsection (1.1)(a)(IV), working capacity means the
number of swine the housed commercial swine feeding operation is capable of housing at any one time.
(b) The commerce and industry sector includes annual fee schedules for
regulated activities associated with mining, hydrocarbon refining, sugar processing, industrial storm water, utilities not included in the private and public utilities sector, manufacturing activities, commercial activities, and all other industrial activities as follows:
Facility Categories and Subcategories
for Permit Fees within the Commerce and Industry Sector
Annual Fees
(I) Sand and gravel and placer mining:
(A) Pit dewatering only$805
(B) Pit dewatering or wash-water discharge$918
(C) Mercury use with discharge impact$1,030
(D) Storm water discharge only$700
(II) Coal mining:
(A) Sedimentation ponds, surface runoff only$1,578
(B) Mine water, preparation plant discharge$2,125
(III) Hardrock mining:
(A) Mine dewatering from 0 up to 49,999 gallons
per day$1,835
(B) Mine dewatering from 50,000 up to
999,999 gallons per day$3,462
(C) Mine dewatering, 1,000,000 gallons
per day or more$5,281
(D) Mine dewatering and milling with
no discharge$5,281
(E) Mine dewatering and milling
with discharge$15,907
(F) No discharge$1,835
(G) Milling with discharge from 0 up to 49,999 gallons
per day$5,394
(H) Milling with discharge, 50,000 gallons
per day or more$10,755
(IV) Oil shale:
(A) Sedimentation ponds, surface runoff only$3,204
(B) Mine water from 0 up to 49,999
gallons per day$3,462
(C) Mine water from 50,000 up to 999,999
gallons per day$4,299
(D) Mine water from 1,000,000 gallons
per day or more$4,186
(E) Mine water and process water discharge$15,907
(F) No discharge$2,946
(V) General permits:
(A) Sand and gravel with process discharge
and storm water$435
(B) Sand and gravel without process discharge
- storm water only$121
(C) Placer mining$837
(D) Coal mining$1,256
(E) Industrial - single municipal industrial
- storm water only$298
(F) Active mineral mines less than ten acres
- storm water only$201
(G) Active mineral mines - ten acres or more
- storm water only$604
(H) Inactive mineral mines - storm water only$121
(I) Department of transportation - sand and
gravel storm-water permit$7,020
(J) Coal degasification - process water
from 0 up to 49,999 gallons per day$3,462
(K) Coal degasification - process water from
50,000 up to 99,999 gallons per day$5,281
(L) Coal degasification - process water,
100,000 gallons per day or more$15,907
(M) Minimal discharge of industrial or
commercial waste waters - general permit$630
(VI) Power plants:
(A) Cooling water only, no discharge$1,835
(B) Process water from 0 up to 49,999
gallons per day$3,462
(C) Process water from 50,000 up to 999,999
gallons per day$5,281
(D) Process water from 1,000,000 up to 4,999,999
gallons per day$15,907
(E) Process water, 5,000,000 gallons per
day or more$15,907
(VII) Sugar processing:
(A) Cooling water only, no discharge$1,948
(B) Process water from 0 up to 49,999
gallons per day$2,383
(C) Process water from 50,000 up to 999,999
gallons per day$5,957
(D) Process water from 1,000,000 up to 4,999,999
gallons per day$15,907
(E) Process water, 5,000,000 gallons
per day or more$15,907
(VIII) Petroleum refining:
(A) Cooling water only, no discharge$1,835
(B) Process water from 0 up to 49,999 gallons
per day$4,122
(C) Process water from 50,000 up to 999,999
gallons per day$5,289
(D) Process water from 1,000,000 up to 4,999,999
gallons per day$15,907
(E) Process water, 5,000,000 gallons per
day or more$15,907
(IX) Fish hatcheries$1,320
(X) Manufacturing and other industry:
(A) Cooling water only$1,835
(B) Process water from 0 up to 49,999
gallons per day$3,462
(C) Process water from 50,000 up to 999,999
gallons per day$5,281
(D) Process water from 1,000,000 up to 4,999,999
gallons per day$15,907
(E) Process water from 5,000,000 up to 19,999,999
gallons per day$19,545
(F) Process water, 20,000,000 gallons
per day or more$31,814
(G) No discharge$2,383
(H) Amusement and recreation services$2,383
(XI) Individual industrial storm-water permits:
(A) Individual industrial - less than ten acres$475
(B) Individual industrial - ten acres or more$604
(C) Individual industrial - storm water only
- international airports$10,014
(c) The construction sector includes annual fee schedules for regulated
activities associated with construction activities as follows:
Facility Categories and Subcategories
for Permit Fees within the Construction Sector
Annual Fees
(I) Repealed.
(II) General permits:
(A) to (D) Repealed.
(E) Department of transportation (DOT) -
storm-water construction discharges from
projects where DOT is the permittee -
statewide permit$9,400
(F) Minimal discharge of industrial or
commercial wastewater$630
(G) Low complexity$820
(H) High complexity$2,000
(I) Construction - storm water only; less than
1 acre of disturbed area$165
(J) Construction - storm water only;
from 1 acre to less than 30 acres$350
(K) Construction - storm water only;
30 acres or more of disturbed area$540
(III) The fee for an individual permit for construction activity is four thousand
four hundred dollars; and
(IV) The division shall use the construction sector fee revenue collected
pursuant to this section or, on and after July 1, 2026, pursuant to commission rules adopted under section 25-8-210 (1)(a)(III), to continue to fund the administration and oversight of the construction sector, including services provided under the alternative compliance assurance model. The division shall not use the revenue to fund additional enforcement staff unless such funding is included in a commission fee-setting rule. An alternative compliance assurance model includes:
(A) Increasing inspections of the construction sector to meet compliance
objectives identified by the federal environmental protection agency;
(B) Implementing a compliance strategy that relies on increased assistance
and follow-up to obtain an overall increase in compliance instead of increased reliance on enforcement;
(C) Targeting additional compliance assistance towards permittees to seek
increased compliance, including: Streamlined site visits that provide initial assistance consultations and increased assistance resources such as guidance documents, presentations, and online resources; review and response to the inspected entity's written response to the inspection; follow-up inspections and additional inspections for owners and operators with systemic violations; and increased overall inspection frequency;
(D) Maintaining and increasing current service levels of administration and
oversight for the division's storm water management system administrator program; and
(E) Targeting enforcement towards operators that show chronic violations,
significant violations, or recalcitrant response actions.
(d) The pesticide sector includes annual fee schedules for regulated
activities associated with pesticide applications that are regulated under the federal act as follows: For a general permit, decision makers with pesticide application on or over waters of the state that are subject to annual reporting requirements under the pesticide general permit, an annual fee of two hundred eighty-one dollars.
(e) The public and private utilities sector includes annual fee schedules for
regulated activities associated with the operation of domestic wastewater treatment works, water treatment facilities, reclaimed water systems, and industrial operations that discharge to a domestic wastewater treatment works as follows:
Facility Categories and Subcategories for
Permit Fees within the Public and
Private Utilities Sector
Annual Fees
(I) Water treatment plants:
(A) Intermittent discharge$695
(B) Routing discharge$1,000
(II) General permits:
(A) Water treatment plants - intermittent
discharge$580
(B) Water treatment plants - routine discharge$872
(C) Discharges associated with treated water
distribution systems for a population of
3,300 or fewer$128
(D) Discharges associated with treated
water distribution systems for
a population from 3,301 up to 9,999$256
(E) Discharges associated with treated
water distribution systems for a
population of 10,000 or more$384
(III) Domestic wastewater - lagoons:
(A) Sewage from 0 up to 49,999 gallons per day$641
(B) Sewage from 50,000 up to 99,999 gallons
per day$1,031
(C) Sewage from 100,000 up to 499,999 gallons
per day$1,501
(D) Sewage from 500,000 up to 999,999 gallons
per day$2,586
(E) Sewage from 1,000,000 up to 1,999,999 gallons
per day$3,867
(F) Sewage, 2,000,000 gallons per day or more$7,881
(IV) Domestic wastewater - mechanical plants:
(A) Sewage from 0 up to 19,999 gallons per day$750
(B) Sewage from 20,000 up to 49,999 gallons
per day$1,196
(C) Sewage from 50,000 up to 99,999 gallons
per day$1,757
(D) Sewage from 100,000 up to 499,999 gallons
per day$2,733
(E) Sewage from 500,000 up to 999,999 gallons
per day$4,538
(F) Sewage from 1,000,000 up to 2,499,999 gallons
per day$7,430
(G) Sewage from 2,500,000 up to 9,999,999 gallons
per day$13,920
(H) Sewage from 10,000,000 up to 49,999,999
gallons per day$24,132
(I) Sewage from 50,000,000 up to 99,999,999
gallons per day$27,840
(J) Sewage, 100,000,000 gallons per day or more$30,622
(V) Domestic facilities discharge to unclassified waters - general permit:
(A) Sewage from 0 up to 49,999 gallons per day$555
(B) Sewage from 50,000 up to 199,999 gallons
per day$976
(C) Sewage from 200,000 up to 599,999 gallons
per day$1,427
(D) Sewage from 600,000 up to 999,999 gallons
per day$2,269
(VI) Industrial dischargers subject to categorical effluent standards
discharging to publicly owned treatment works with pretreatment programs, not including categorical industries subject to zero-discharge standards:
(A) Very low flow - less than 100 gallons per day$356
(B) 100 up to 9,999 gallons per day$853
(C) 10,000 up to 50,000 gallons per day$1,277
(D) More than 50,000 gallons per day$1,704
(VII) All other significant industrial dischargers discharging to publicly
owned treatment works with pretreatment, including categorical industries subject to zero-discharge standards:
(A) Less than 10,000 gallons per day$214
(B) 10,000 up to 50,000 gallons per day$426
(C) More than 50,000 gallons per day$567
(D) Pit dewatering only$329
(VIII) Industrial dischargers subject to categorical effluent standards
discharging to publicly owned treatment works without pretreatment programs, not including categorical industries subject to zero-discharge standards:
(A) Less than 10,000 gallons per day$994
(B) 10,000 up to 50,000 gallons per day$1,562
(C) More than 50,000 gallons per day$2,130
(IX) All other significant industrial dischargers discharging to publicly owned
treatment works without pretreatment programs, including categorical industries subject to zero-discharge standards:
(A) Less than 10,000 gallons per day$426
(B) 10,000 up to 50,000 gallons per day$639
(C) More than 50,000 gallons per day$853
(X) Domestic wastewater - lagoons:
(A) Sewage from 0 up to 49,999 gallons per day$92
(B) Sewage from 50,000 up to 99,999 gallons
per day$92
(C) Sewage from 100,000 up to 499,999 gallons
per day$92
(D) Sewage from 500,000 up to 999,999 gallons
per day$92
(E) Sewage from 1,000,000 up to 2,499,999 gallons
per day$99
(F) Sewage, 2,500,000 gallons per day or more$115
(XI) Domestic wastewater - mechanical plants:
(A) Sewage from 0 up to 19,999 gallons per day$92
(B) Sewage from 20,000 up to 49,999 gallons per day$92
(C) Sewage from 50,000 up to 99,999 gallons per day$92
(D) Sewage from 100,000 up to 499,999 gallons
per day$92
(E) Sewage from 500,000 up to 999,999 gallons
per day$92
(F) Sewage from 1,000,000 up to 2,499,999 gallons
per day$99
(G) Sewage from 2,500,000 up to 9,999,999 gallons
per day$115
(H) Sewage from 10,000,000 up to 49,999,999
gallons per day$128
(I) Sewage from 50,000,000 up to 99,999,999
gallons per day$143
(J) Sewage, 100,000,000 gallons per day or more$156
(XII) Wastewater reuse authorizations:
(A) Facility capacity of less than 100,000
gallons per day$549
(B) Facility capacity from 100,000 gallons to
499,999 gallons per day$1,025
(C) Facility capacity from 500,000 gallons to
999,999 gallons per day$1,708
(D) Facility capacity from 1,000,000 gallons to
2,499,999 gallons per day$2,806
(E) Facility capacity from 2,500,000 gallons to
9,999,999 gallons per day$5,246
(F) Facility capacity, 10,000,000 gallons per
day or more$7,686
(XIII) and (XIV) Repealed.
(f) The municipal separate storm sewer systems sector includes annual fees
for regulated activities associated with the operation of municipal separate storm sewer systems, as follows:
Facility Categories and Subcategories for
Permit Fees within the Municipal Separate
Storm Sewer System Sector
Annual Fees
(I) MS4 general permits:
(A) Storm water municipal for a population
of 10,000 or fewer$462
(B) Storm water municipal for a population
from 10,000 up to 49,999$1,053
(C) Storm water municipal for a population
from 50,000 up to 99,999$2,626
(D) Storm water municipal for a population
of 100,000 or more$5,265
(II) MS4 individual permits:
(A) Municipalities with a population from
10,000 up to 49,999$1,619
(B) Municipalities with a population from
50,000 up to 99,999$4,043
(C) Municipalities with a population from
100,000 up to 249,999$8,093
(D) Municipalities with a population of
250,000 or more$13,754
(E) Statewide permit for municipal separate
storm water systems, owned or
operated by the department of
transportation, in municipal areas
where storm water permits are required$5,668
(1.2) (a) For the activities listed in this subsection (1.2) associated with
reviewing requests for certifications under section 401 of the federal act and this article 8, known as 401 certificates, the division may assess a fee for the review. There is hereby created in the state treasury the water quality certification sector fund, which consists of fees collected pursuant to this subsection (1.2). The division shall transmit the fees to the state treasurer, who shall credit them to the water quality certification sector fund. All such fees must be in accordance with the following schedules:
(I) The fee for a tier 1 project is one thousand one hundred twenty-two
dollars, which must be submitted with the certification application. Tier 1 projects are projects that incur minimal costs and minimal water quality impacts. Tier 1 includes certifications of channel stabilization projects and single drainage improvement projects. Typical characteristics of tier 1 projects may include all or some of the following:
(A) The potential for minimal impacts to water quality;
(B) A low level of public participation;
(C) No more than standard coordination with federal, state, or local agencies
may be required;
(D) Limited technical assistance may be needed.
(II) The fee for a tier 2 project is three thousand eight hundred seventy-six
dollars, which must be submitted with the certification application. Tier 2 projects are projects that incur moderate costs and potential water quality impacts. Tier 2 includes certifications of projects that affect multiple drainages. Typical characteristics of tier 2 projects may include all or some of the following:
(A) The potential for minimal impacts to water quality;
(B) A basic to high level of public participation may be required with
potential for participation in public meetings or hearings held by outside parties;
(C) More than the standard level of coordination with multiple federal, state,
or local agencies may be required, including one or more meetings or pre-application site visits;
(D) A moderate and ongoing level of technical assistance may be needed;
(E) Compensatory mitigation review may be required;
(F) Review of a full evaluation and findings report if needed; or
(G) If the certification is appealed, addressing an appeal of the division's
water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.
(III) The fee for a tier 3 project is calculated on an hourly rate based on the
actual costs of division staff and contractor time. Tier 3 projects are projects that involve a large watershed area, a high degree of complexity, or high potential for water quality impacts. Tier 3 includes certifications of federal energy regulatory commission relicensing projects or projects involving more long-term water quality impacts. Typical characteristics of tier 3 projects may include all or some of the following:
(A) The potential for greater, permanent water quality impacts if one or more
of the following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;
(B) A high level of public participation, including extensive public comments
and the potential for one or more public meetings or hearings conducted by the division or outside parties;
(C) Substantially more than standard coordination with multiple federal,
state, or local agencies may be required, including one or more meetings;
(D) A high level of iterative technical assistance may be required or
substantive project revisions may be received;
(E) The potential for complex compensatory mitigation review;
(F) A site visit may be needed to understand impacts and advise on potential
alternatives;
(G) The review of a full evaluation and findings report if needed; or
(H) If the certification is appealed, addressing an appeal of the division's
water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.
(IV) The fee for a tier 4 project is calculated on an hourly rate based on the
actual costs of division staff and contractor time. Tier 4 projects are projects that involve multiple or large watershed areas, a very high degree of complexity, a very high potential for water quality impacts, or a high level of public participation. Tier 4 includes transmountain water supply projects. Typical characteristics of tier 4 projects may include all or some of the following:
(A) The potential for greater water quality impacts if one or more of the
following occurs: The water body is identified as not attaining water quality standards; or multiple stream or lake segments as established by section 25-8-203 are affected;
(B) A high level of public participation, including extensive public comments
and the potential for one or more public meetings or hearings conducted by the division or outside parties;
(C) Substantially more coordination than is standard with multiple federal,
state, or local agencies may be required, including one or more meetings;
(D) A high level of iterative technical assistance may be required or
substantive project revisions may be received;
(E) The potential for complex compensatory mitigation review;
(F) A site visit may be needed to understand impacts and advise on potential
alternatives;
(G) Coordination with the governor's office in conjunction with other state
agencies, tribal nations, and the federal government may be required;
(H) To the extent pertinent, review of additional documents, such as federal
National Environmental Policy Act resource reports, environmental assessments, and environmental impact statements;
(I) If needed, to the extent not addressed in the documents addressed in sub-subparagraph (H) of this subparagraph (IV) and consistent with the requirements of
this article and of the rules promulgated pursuant to this article, review and use of a full evaluation and findings report; or
(J) If the certification is appealed, addressing an appeal of the division's
water quality certification to the commission pursuant to sections 25-8-202 (1)(k), 25-8-302 (1)(f), and 25-8-401.
(b) For tier 3 and tier 4 projects, the division may assess fees for services
provided by the division prior to the applicant submitting a formal water quality certification application, which fees must reflect the actual cost of division staff and contractor time.
(c) For tier 3 and tier 4 projects, the division may assess fees for services
provided by the division to monitor the projects certified with conditions, which fees must reflect the actual cost of division staff and contractor time.
(1.3) For each service listed below, the division may assess a fee for the
service, and all such fees must be in accordance with the following schedules:
(a) Amendments to permits associated with the commerce and industry
sector, construction sector, pesticides application, public and private utility sector under subsection (1.1) of this section, and amendments to permits issued through June 30, 2018, associated with regulated activities in subparagraph (IV) of the animal agriculture sector in paragraph (a) of subsection (1.1) of this section:
(I) Minor amendment: An amount equal to twenty-five percent of the annual
fee for the permit being amended, not to exceed two thousand eight hundred ten dollars;
(II) Major amendment: An amount equal to fifty-five percent of the annual
fee for the permit being amended, not to exceed five thousand nine hundred fifty dollars;
(b) Preliminary effluent limitations:
(I) In accordance with section 25-8-702, the division may assess a fee, as set
forth in the schedules in this paragraph (b), for the determination of preliminary effluent limitations upon a domestic wastewater treatment works pursuant to the site location approval process. All such fees shall be paid in advance of any work done.
(II) At the request of an entity that is not a domestic wastewater treatment
works, and upon payment of the appropriate fee as set forth in the schedules in this paragraph (b), the division may determine preliminary effluent limits for a proposed discharge as described by the requester.
(III) Fees set forth in the schedules established in this paragraph (b) are
increased by an amount equal to seventy-five percent of the applicable fee for each set of preliminary effluent limitations requested by domestic wastewater treatment works for discharges to second or additional receiving water bodies.
(IV) The division may, where an entity requests modification of existing
division-approved preliminary effluent limitations, complete the modification for a fee equal to twenty-five percent of the applicable fee as set forth in the schedules in this paragraph (b).
Facility Categories and
Subcategories for Preliminary
Effluent Limitations
Fees
(V) Preliminary effluent limitations for individual permits:
(A) Less than 100,000 gallons per day$2,562
(B) 100,000 to 999,999 gallons per day$5,124
(C) 1,000,000 to 9,999,999 gallons per day$7,686
(D) 10,000,000 or more gallons per day$10,248
(VI) Preliminary effluent limitations for
general permits from 0 up to 1,000,000
gallons per day$1,281
(VII) Preliminary effluent limitations for discharges to groundwater:
(A) Minor facilities, less than 1,000,000 gallons
per day$641
(B) Major facilities, 1,000,000 gallons
per day or more$1,025
(VIII) Review of preliminary effluent limitations for individual permits
professionally prepared by others:
(A) Minor facilities, less than 1,000,000 gallons
per day$1,922
(B) Major facilities, 1,000,000 gallons
per day or more$3,843
(c) Wastewater site applications and design reviews:
Facility Categories and Subcategories
for Wastewater Site Applications
and Design Reviews
Fees
(I) Wastewater site applications:
(A) Wastewater treatment plants, less than 100,000 gallons per day:
New$9,440
Expansion$7,553
(B) Wastewater treatment plants from 100,000 to 999,999 gallons per day:
New$18,882
Expansion$15,105
(C) Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per
day:
New$28,322
Expansion$22,658
(D) Wastewater treatment plants, 10,000,000 gallons per day or more:
New$37,763
Expansion$30,211
(E) Lift stations, less than 100,000 gallons per day:
New$2,361
Expansion$1,889
(F) Lift stations from 100,000 to 999,999 gallons per day:
New$4,720
Expansion$3,776
(G) Lift stations from 1,000,000 to 9,999,999 gallons per day:
New$7,081
Expansion$5,664
(H) Lift stations, 10,000,000 gallons per day or more:
New$9,440
Expansion$7,553
(I) Amendments to site applications concerning
a change from gas chlorination to liquid
chlorination or from any form of
chlorination to ultraviolet light
disinfection, less than 100,000
gallons per day$550
(J) Amendments to site applications concerning
a change from gas chlorination to liquid chlorination
or from any form of chlorination to ultraviolet light
disinfection from 100,000 to 999,999 gallons per day$1,102
(K) Amendments to site applications concerning a change
from gas chlorination to liquid chlorination or from any
form of chlorination to ultraviolet light disinfection
from 1,000,000 to 9,999,999 gallons per day$1,652
(L) Amendments to site applications concerning a change
from gas chlorination to liquid chlorination or from any
form of chlorination to ultraviolet light disinfection,
10,000,000 gallons per day or more$2,203
(M) Other amendments to site application, less than
100,000 gallons per day$787
(N) Other amendments to site applications from
100,000 to 999,999 gallons per day$1,574
(O) Other amendments to site applications
from 1,000,000 to 9,999,999 gallons per day$2,361
(P) Other amendments to site applications,
10,000,000 gallons per day or more$3,146
(Q) On-site wastewater treatment systems$5,490
(R) Extension$793
(S) Interceptor site applications$1,586
(T) Interceptor certifications$366
(U) Outfall sewers$1,586
(II) Wastewater design review:
(A) Wastewater treatment plants, less than 100,000 gallons per day:
New$5,978
Expansion$4,758
(B) Wastewater treatment plants from 100,000 to 999,999 gallons per day:
New$12,078
Expansion$9,638
(C) Wastewater treatment plants from 1,000,000 to 9,999,999 gallons per
day:
New$18,056
Expansion$14,396
(D) Wastewater treatment plants, 10,000,000 gallons per day or more:
New$24,034
Expansion$19,276
(E) Lift stations, less than 100,000 gallons per day:
New$1,464
Expansion$1,220
(F) Lift stations from 100,000 to 999,999 gallons per day:
New$3,050
Expansion$2,440
(G) Lift stations from 1,000,000 to 9,999,999 gallons per day:
New$4,514
Expansion$3,660
(H) Lift stations, 10,000,000 gallons per day or more:
New$5,978
Expansion$4,758
(I) Amendments to site applications concerning a change
from gas chlorination to liquid chlorination or from any
form of chlorination to ultraviolet light disinfection,
less than 100,000 gallons per day$610
(J) Amendments to site applications concerning a change
from gas chlorination to liquid chlorination or from any
form of chlorination to ultraviolet light disinfection
from 100,000 to 999,999 gallons per day$1,220
(K) Amendments to site applications concerning a change
from gas chlorination to liquid chlorination or from
any form of chlorination to ultraviolet light
disinfection from 1,000,000 to
9,999,999 gallons per day$1,830
(L) Amendments to site applications concerning a change
from gas chlorination to liquid chlorination or from any
form of chlorination to ultraviolet light disinfection,
10,000,000 gallons per day or more$2,440
(M) Other amendments to site application,
less than 100,000 gallons per day$854
(N) Other amendments to site applications,
from 100,000 to 999,999 gallons per day$1,708
(O) Other amendments to site applications, from
1,000,000 to 9,999,999 gallons per day$2,562
(P) Other amendments to site applications,
10,000,000 gallons per day or more$3,416
(Q) On-site wastewater treatment systems$3,660
(R) Interceptor site applications$1,708
(S) Outfall sewers$1,708
(1.4) The division may establish an interim fee that must be consistent and
equitable with the fees contained in subsection (1.1) of this section in any case where a facility other than those listed must be permitted. This interim fee applies until the date of adjournment sine die of the next regular session of the general assembly following imposition of the interim fee.
(1.5) (a) (I) There is hereby created in the state treasury the commerce and
industry sector fund, which consists of all annual fees for regulated activities associated with the commerce and industry sector collected pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the commerce and industry sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the commerce and industry sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the commerce and industry sector fund.
(II) There is hereby created in the state treasury the construction sector
fund, which consists of all annual fees collected for regulated activities associated with the construction sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the construction sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the construction sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the construction sector fund.
(III) There is hereby created in the state treasury the pesticides sector fund,
which consists of all annual fees collected for regulated activities associated with the pesticides sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the pesticides sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the pesticides sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the pesticides sector fund.
(IV) There is hereby created in the state treasury the municipal separate
storm sewer system sector fund, which consists of all annual fees collected for regulated activities associated with the municipal separate storm sewer system sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the municipal separate storm sewer system sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the municipal separate storm sewer system sector fund.
(V) There is hereby created in the state treasury the public and private
utilities sector fund, which consists of all annual fees collected for regulated activities associated with the public and private utilities sector pursuant to subsection (1.1) of this section; all fees for services performed by the division associated with the public and private utilities sector collected pursuant to subsection (1.3) of this section; and all interim fees associated with the public and private utilities sector collected pursuant to subsection (1.4) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the public and private utilities sector fund.
(b) (I) The general assembly shall annually appropriate the money in the
funds created in paragraph (a) of this subsection (1.5) and in subsection (1.2) of this section to the department of public health and environment for its direct and indirect costs in administering the appropriate sector. The department shall review expenditures of the money to ensure that it is used only to fund the expenses of the discharge permit system and other activities included in subsections (1.1), (1.2), (1.3), and (1.4) of this section and that, except as specified in subparagraph (II) of this paragraph (b):
(A) Money derived from a particular sector is used only for that sector; and
(B) Money derived from subsection (1.2) of this section is used only to provide
water quality certifications.
(II) Repealed.
(III) All interest earned on the investment or deposit of money in each fund
and all unencumbered or unappropriated balances in each fund remain in each individual fund, shall be appropriated only for the expenses of the discharge permit system, and shall not be transferred or revert to the general fund or any other fund at the end of any fiscal year or any other time.
(c) (I) It is the intent of the general assembly that:
(A) A portion of the expenses of the discharge permit system be funded from
the general fund, reflecting the benefit derived by the general public; except that the general assembly may determine, in any given fiscal year, that general fund revenues are inadequate to meet general fund demands and that, as a consequence, it is necessary to forego, subject to future reconsideration, all or some portion of such general fund contribution to the discharge permit program pursuant to this part 5; and
(B) The fees established in this section should not be adjusted until at least
2023 and, before the general assembly adjusts the fees, the department of public health and environment shall engage stakeholders in a process to review the total funding for the discharge permit system, including federal money, money from the general fund, and all sector fees.
(II) In furtherance of this policy, in future fee and funding changes, the ratios
described in this subsection (1.5)(c)(II) should be maintained except as may be revised by the general assembly by bill:
(A) Commerce and industry sector: Fifty percent general fund and fifty
percent cash funds;
(B) Construction sector: Twenty percent general fund and eighty percent
cash funds;
(C) Municipal separate storm sewer: Fifty percent general fund and fifty
percent cash funds;
(D) Pesticides sector: Ninety-four percent general fund and six percent cash
funds;
(E) Public and private utilities sector: Fifty percent general fund and fifty
percent cash funds; and
(F) Water quality certifications sector: Five percent general fund and ninety-five percent cash funds.
(d) Notwithstanding the amount specified for any fee in subsection (1.1) or
(1.3) of this section, the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(e) Repealed.
(1.6) There is hereby created the animal feeding operations fund, which
consists of all fees collected for regulated activities associated with the animal agriculture sector in paragraph (a) of subsection (1.1) of this section, as well as all fees collected for services provided by the division associated with the animal agriculture sector in subsection (1.3) of this section. The division shall transmit the fees to the state treasurer, who shall credit them to the animal feeding operations fund. Any unexpended and unencumbered moneys remaining in the animal feeding operations fund at the end of any fiscal year remain in the animal feeding operations fund and shall not be transferred or revert to the general fund or any other fund. The general assembly shall annually appropriate the moneys in the animal feeding operations fund to the department of public health and environment for the direct and indirect costs associated with the permitting and oversight of animal feeding operations under this article.
(1.7) (a) The department of public health and environment shall report
annually to:
(I) The senate agriculture and natural resources committee and the house of
representatives agriculture, water, and natural resources committee, or their successor committees, on:
(A) The environmental agriculture program. The report must include the
number of permits processed, the number of inspections conducted, the number of enforcement actions taken, and the costs associated with all program activities during the preceding year. The department shall submit the report on or before March 31 of each year.
(B) Repealed.
(II) The joint budget committee by November 1 of each year regarding the fee
revenue received from each sector specified in subsection (1.1)(a) of this section, including expenditures by fund source and revenues by fund and sector based on the November 1 request.
(b) The reporting required by this section is exempt from section 24-1-136,
C.R.S.
(1.8) (a) On June 30, 2026, the state treasurer shall transfer any unexpended
and unencumbered money remaining in the following cash funds to the clean water cash fund created in section 25-8-210 (4)(a):
(I) The commerce and industry sector fund created in subsection (1.5)(a)(I) of
this section;
(II) The construction sector fund created in subsection (1.5)(a)(II) of this
section;
(III) The pesticides sector fund created in subsection (1.5)(a)(III) of this
section;
(IV) The municipal separate storm sewer system sector fund created in
subsection (1.5)(a)(IV) of this section; and
(V) The public and private utilities sector fund created in subsection
(1.5)(a)(V) of this section.
(b) Subsections (1.1)(b), (1.1)(c), (1.1)(d), (1.1)(e), (1.1)(f), (1.2), (1.3), and (1.5) of this
section and this subsection (1.8) are repealed, effective July 1, 2026.
(2) (a) A complete and accurate application for all discharges shall be filed
with the division not less than one hundred eighty days prior to the date proposed for commencing the discharge.
(b) The application shall contain such relevant plans, specifications, water
quality data, and other information related to the proposed discharge as the division may reasonably require. Prior to submitting an application for a permit, the applicant may request and, if so requested, the division shall grant a planning meeting with the applicant. At such meeting, the division shall advise the applicant of the applicable permit requirements, including the information, plans, specifications, and data required to be furnished with the permit application.
(c) The division shall begin the review of an application within forty-five days
after the receipt of the application and shall notify the applicant within ninety days after receipt of the application whether the application is complete. If the division determines that an application is incomplete, the division may request that the applicant submit additional information. If additional information is requested by the division and submitted by the applicant, the division shall have fifteen days after the date the additional information is submitted to determine whether the additional information satisfies the request and to advise the applicant if, and in what respects, the additional information does not satisfy the request. A final decision that an application is not complete shall be considered final agency action upon issuance of such decision to the applicant and shall be subject to judicial review. A petition for review of such decision shall be given priority scheduling by the court.
(3) (a) The division shall evaluate complete permit applications to determine
whether the proposed discharge will comply with all applicable federal and state statutory and regulatory requirements.
(b) The division shall give public notice of a complete permit application and
the division's preliminary analysis of the application as provided in subsection (4) of this section. The notice shall advise of the opportunity for interested persons to submit written comments on the permit application and the division's preliminary analysis or to request, for good cause shown, a public meeting on the application and analysis. A request for a public meeting shall be made within thirty days after the initial public notice of the permit application and the division's preliminary analysis. If a public meeting is requested and the division, in its discretion and for good cause shown, grants the request, the division shall hold the public meeting not more than seventy-five days after the initial public notice. The division shall provide notice as provided in subsection (4) of this section of the public meeting not less than thirty days prior to the date of the meeting.
(c) The period for public comment shall close thirty days from the date of
notice of the permit application and the division's preliminary analysis thereof; except that, if a public meeting is held on the application and analysis, the period for public comment shall close sixty days from the date of notice of the application.
(d) On or before December 31, 2026, the commission shall adopt rules
establishing procedures whereby the division, prior to giving public notice of a complete permit application for an individual permit and the division's preliminary analysis of the application pursuant to subsection (3)(b) of this section, may provide a period of public notice and review of a preliminary draft prepared by the division. If a period of public notice and review is required by rules of the commission, the period of public notice and review may not exceed fourteen days, and the purpose of the review is limited to identifying errors in the division's preliminary draft. The division shall make available on the division's public website any documents provided by the division during a period of public notice and review.
(4) Public notice of every complete permit application and the division's
preliminary analysis thereof shall be circulated in a manner designed to inform interested and potentially interested persons of the application and analysis. Procedures for the circulation of such public notice or a notice regarding a public meeting concerning an application and analysis shall be established by the commission and shall include at least the following:
(a) Notice shall be given by at least one publication in a newspaper of
general circulation which is distributed within the geographical areas of the proposed discharge.
(b) Notice shall be mailed to any person or group upon request.
(c) The division shall add the name of any person or group upon request to a
mailing list to receive copies of notices for all discharge permit applications within the state or within a certain geographical area.
(d) The division shall also, during the period from the date of the initial public
notice of the application and analysis to the close of the public comment period, maintain in the office of the county clerk and recorder of the county in which the proposed discharge, or a part thereo
C.R.S. § 25-8-503.7
25-8-503.7. Use of qualified and independent contractors - powers and duties of the division - fees - definitions. (1) On and after May 1, 2026, an applicant and the division may mutually agree to use a qualified and independent nongovernmental contractor under the direction of the division to provide the division with technical assistance in completing the permit action if:
(a) An application for permit modification or permit renewal has been
pending before the division for sixty days;
(b) An application for permit modification or permit renewal is pending
before the division as of May 1, 2026; or
(c) The division informs an applicant that the division will not process an
application for preliminary effluent limitations.
(2) A contractor that provides technical assistance pursuant to this section
may assist the division with some or all of the following, at the division's discretion:
(a) Preparing the division's proposed permit action;
(b) Preparing the division's responses to public comments received on the
proposed permit action, if any;
(c) Preparing the division's final permit action;
(d) Aiding in the division's defense of the final permit action in any
administrative adjudicatory proceedings; and
(e) Aiding in the division's defense of the final permit action in any judicial
proceedings.
(3) The applicant shall bear the contractor's costs for any technical
assistance provided pursuant to this section and shall remit payment for the costs directly to the contractor. The division may charge the applicant an additional fee in an amount not exceeding ten percent of the contract amount for contract administration, technical review, and additional permit processing. Money collected as an additional fee shall be credited to the clean water cash fund created in section 25-8-210. The division may, before issuing its final permit action, require the applicant to fully pay the additional fee and any contractor costs.
(4) (a) The division, in its sole discretion, shall provide oversight to ensure
that contractors provide technical assistance in accordance with the terms of their contracts. The division may require a contractor's technical assistance to conform to all commission rules, division policies, and division practices applicable to the permit action in question.
(b) The division may deem some or all of the contractor's technical
assistance as unacceptable and may reject, require correction of, or deny approval for such assistance. The division's rejection, required correction, or denial of approval of a contractor's technical assistance is not subject to judicial or administrative review and does not relieve an applicant of the obligation to pay the contractor's costs for such technical assistance.
(c) The division's use of contractors pursuant to this section does not relieve
the division of its obligations under this article 8.
(d) The division is not subject to the requirements of the Procurement
Code, articles 101 to 112 of title 24, in selecting or contracting with the contractors.
(5) As used in this section, unless the context otherwise requires:
(a) Conflict of interest means a direct and substantial personal or financial
interest in the outcome of a permit or permit action such that a contractor is unable to fulfill its duty to remain fair, impartial, or objective.
(b) Independent means having no conflict of interest with a permittee.
(c) Qualified means having substantial professional education, training, or
experience in water quality permitting.
Source: L. 2025: Entire section added, (SB 25-305), ch. 429, p. 2477, � 5,
effective June 4.
C.R.S. § 25-9-104
25-9-104. Duties of board - rules. (1) (a) The board shall elect a chair and secretary each year and shall establish rules in accordance with article 4 of title 24, C.R.S., setting forth the requirements governing certification for water and wastewater facility operators, including:
(I) Application for certification;
(II) Admission to the examinations;
(III) Setting and coordination of examination schedules;
(IV) Recording and issuing of certificates for the class of operator for which
the applicant is found to be qualified;
(V) Renewal of certificates;
(VI) Issuance of certificates based on reciprocity;
(VII) Minimum standards of operator performance; and
(VIII) Standards for the accreditation of training programs.
(b) (Deleted by amendment, L. 2013.)
(2) (a) The board may promote and assist in regular training schools and
programs designed to aid applicants and other interested persons to acquire the necessary knowledge to meet the certification requirements of this article.
(b) The board shall ensure that an office is maintained for contact with
operators and employers.
(c) The board shall ensure, through the use of subject matter experts, that
all certification examinations test for information that is relevant to the knowledge that is necessary to operate the level of facility for which certification is sought.
(3) (a) The board shall establish classes of:
(I) Water treatment facility operators;
(II) Domestic wastewater treatment facility operators;
(III) Industrial wastewater treatment facility operators;
(IV) Water distribution system operators;
(V) Wastewater collection system operators;
(VI) Operators for small systems; and
(VII) Other persons who require and qualify for multiple certifications.
(b) In establishing each classification, the board shall differentiate the
various levels of complexity to be encountered in water and wastewater facility operation and the qualifications for certification for each class. The board shall set minimum education, experience, examination, and ongoing training requirements for each class.
(4) Except as provided in section 25-9-104.4, the board shall establish for
each water and wastewater facility a minimum class of certified operators required for its supervision.
(5) (a) The board shall establish a procedure whereby any decision of the
board, the division, or nonprofit corporation contracting with the board can be appealed to the board.
(b) The board may adopt rules as necessary to ensure the proper
administration of the program.
(c) The board may promulgate rules to allow the division to immediately
suspend or revoke a certification if immediate action is necessary to protect the public health or environment.
(6) The board may exercise other powers and duties as necessary within the
scope of this article. The board shall promulgate rules to establish criteria for the discipline or reprimand of any water or wastewater facility operator and for the suspension or revocation of the certification of an operator. The criteria must include:
(a) Willfully or negligently violating, causing, or allowing the violation of
rules promulgated under this article or failing to comply with this article;
(b) Submitting false or misleading information on any document provided to
the department, the board, or any organization acting on behalf of the board;
(c) Using fraud or deception in the course of employment as an operator;
(d) Failing to conform with minimum standards in the performance of an
operator's duties; and
(e) Engaging in dishonest conduct during an examination.
(6.5) (Deleted by amendment, L. 2013.)
(7) Members of the board serve without compensation but are entitled to
reimbursement for their necessary expenses.
(8) The board is a type 1 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions under the department.
Source: L. 73: p. 748, � 1. C.R.S. 1963: � 66-38-4. L. 96: IP(6) amended, p.
1477, � 43, effective June 1; (3), (4), and (6) amended, p. 358, � 3, effective July 1. L. 2000: (1) to (5), IP(6), and (6)(b) amended and (6.5) added, p. 769, � 4, effective May 23. L. 2004: (1)(a) amended, p. 282, � 4, effective July 1. L. 2008: (4) amended, p. 351, � 1, effective August 5. L. 2013: Entire section amended, (SB 13-150), ch. 391, p. 2270, � 4, effective July 1. L. 2022: (8) amended, (SB 22-162), ch. 469, p. 3369, � 53, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 25-9-104.2
25-9-104.2. Contracting - rules. (1) The board may select and appoint one or more independent nonprofit corporations to carry out the administration of the program and examinations. The board may promulgate a rule establishing the scope and standards of the independent nonprofit corporation's duties. The contract must specifically address each duty or function required by law.
(2) To qualify for consideration to administer the duties of this section, a
nonprofit corporation must have expertise in training and testing procedures as well as demonstrated knowledge of water and wastewater treatment, collection, and distribution systems.
(3) With the prior approval of the board for each agreement, a nonprofit
corporation contracted by the board may enter into subsidiary agreements with other nonprofit corporations, educational institutions, and for-profit corporations to carry out the duties assigned by the board.
(4) The board is responsible for and retains the final authority for all actions
and decisions carried out on behalf of the board by a nonprofit corporation, educational institution, or for-profit corporation. The board may modify, suspend, or reverse any action or decision of any nonprofit corporation, educational institution, or for-profit corporation.
Source: L. 2013: Entire section added, (SB 13-150), ch. 391, p. 2273, � 5,
effective July 1.
C.R.S. § 26-1-122.3
26-1-122.3. Public assistance programs - county administration - data collection and analysis - vendor contract. (1) (a) The state department shall contract with an external vendor to collect and analyze data relating to county department costs and performance associated with administering public assistance programs, including:
(I) The supplemental nutrition assistance program, established in part 3 of
article 2 of this title;
(II) The medical assistance program, established in articles 4, 5, and 6 of title
25.5, C.R.S.;
(III) The children's basic health plan, established in article 8 of title 25.5,
C.R.S.;
(IV) The Colorado works program, established in part 7 of article 2 of this
title;
(V) The program for aid to the needy disabled, pursuant to article 2 of this
title;
(VI) The old age pension program, pursuant to part 1 of article 2 of this title;
and
(VII) Long-term care services, pursuant to article 6 of title 25.5, C.R.S.
(b) The contracted vendor's data collection and data analysis shall provide
the general assembly, executive agencies, county departments, and public assistance program stakeholders with the following information that may be used to make targeted program improvements:
(I) The status of each county department in meeting performance measures
for administering public assistance programs;
(II) An inventory of relevant county department activities, including, among
others, application initiation, interactive interviews, and case reviews, and the purpose of the activities, which may include compliance with federal or state law;
(III) An assessment of administrative work not yet completed by each county
department and the cause of any delay in completing the work;
(IV) The amount of time spent by each county department on each activity;
(V) The cost incurred by each county department, including staff and
operating costs, relating to each activity and each client;
(VI) Any variances among county departments with respect to the cost
incurred, time associated with each activity, and return on investment, and the source of those variances;
(VII) The relationship, if any, between the time and cost associated with each
activity and the county department's performance with respect to the performance standards for the public assistance program;
(VIII) The level of total county department funding needed to meet the
county department's required workload relating to the administration of public assistance programs for which data is collected and analyzed pursuant to this section. This information must include the total county department funding needed for current business processes and the total county department funding needed if all county departments implement best practices and business reengineering concepts adopted by peer counties found to operate in the most cost-effective manner while meeting performance measures.
(IX) Business process improvements that contribute to a county
department's decreased time or costs associated with each activity and to a county department's ability to meet or exceed the performance standards for the public assistance program, including improvements associated with previous state-funded business process reengineering initiatives; and
(X) Options for a cost allocation model for the distribution of state funding to
county departments for administering public assistance programs identified in paragraph (a) of this subsection (1).
(2) In order to ensure that the data collection and analysis contracted for
pursuant to subsection (1) of this section yields information that is beneficial for its intended uses, prior to contracting with an external vendor for data collection and analysis, the state department shall contract with an external consultant to work with program administrators, fiscal agents, and program stakeholders to identify the scope of the data collection and analysis to be performed pursuant to this section.
(3) In collaboration with the county departments, the state department shall
design a continuous quality improvement program that, at a minimum, solicits feedback from the employees of the county departments to identify incremental and breakthrough continuous improvements that should be implemented to improve the products, services, and processes associated with the administration of public assistance programs. The state department shall provide a description of the program to the joint budget committee by February 1, 2017.
Source: L. 2016: Entire section added, (SB 16-190), ch. 201, p. 710, � 2,
effective June 1.
C.R.S. § 26-1-702
26-1-702. Duties of the state department - contract to implement program - reporting requirement. (1) The state department shall use a competitive request-for-proposal process to select an entity to contract with to implement recommendations of the respite care task force created in section 26-1-601. The contract with the selected entity shall end thirty days after the fourth anniversary of the date of the receipt of the contract. In order to be eligible for the contract to implement the recommendations, the entity must serve individuals affected by a disability or a chronic condition across the life span by providing and coordinating respite care and must currently have a presence in Colorado. The state department shall contract with the entity selected to implement the recommendations of the respite care task force and to carry out the responsibilities described in subsection (2) of this section. The selected entity should consult with organizations throughout the state as it works to implement the task force recommendations. The selected entity may subcontract with community partners, but, if it does so, shall identify any such subcontracting in the proposal provided to the department.
(2) The entity selected to implement the recommendations of the respite
care task force shall:
(a) Ensure that a study is conducted to demonstrate the economic impact of
respite care and its benefits for those served. The study should:
(I) Provide an analysis of the populations that are caregivers and the
differences between those who do and do not use respite care services, including impact on caregivers;
(II) Identify existing data and areas where additional data could be collected
from the department of health care policy and financing and other respite care sources to examine respite care utilization and the need for support;
(III) Show the impact of funds spent on respite care versus funds saved in
health care;
(IV) Use a consistent evaluation tool to assess the waiver respite care
programs and all Colorado respite care programs; and
(V) Identify data points that the Colorado respite coalition can use to collect
additional complementary data from caregivers using respite care services and improve evaluation for agencies to show the effect of respite care on caregivers, identify varied needs across programs and geographic areas, and demonstrate cost savings of respite care versus institutionalization and hospitalization;
(b) Create an up-to-date, online inventory of existing training opportunities
for providing respite care along with information on how to become a respite care provider. This inventory shall be designed so that it can be updated over time as additional training options become available. This task shall be prioritized to occur early in the period covered by the contract.
(c) Develop a more robust statewide training system for individuals wishing
to provide respite care. In doing so, the selected entity should work in partnership with nonprofits serving families in need of respite and with interested institutions of higher education. Over time, the statewide training system should ensure that:
(I) Training is available in multiple settings and formats;
(II) Core training elements are based on national models, use a person-centered approach, address core competencies, and are evidence-based or
evidence-informed;
(III) Multi-tiered training is available that recognizes there are different
levels of care that may be required; and
(IV) Training is available for primary caregivers.
(d) Ensure that a designated website is available to provide comprehensive
information about respite care in Colorado and to serve as an access point for services throughout the state;
(e) Develop a centralized community outreach and education program about
respite care services in Colorado that includes funding for start-up and outreach costs and ongoing activities, paid staff or contractors, and the leveraging of existing resources to support the design and dissemination of messaging and marketing materials;
(f) Work with the department of health care policy and financing to
standardize the full continuum of respite care options across all Medicaid waivers; and
(g) Work with the state department, the department of health care policy
and financing, and the department of public health and environment to streamline the regulatory requirements for facility-based, short-term, overnight respite care.
(3) On and after the first anniversary of the date that the contract is
awarded, the state department shall include in its presentation to the legislative committees of reference as required by section 2-7-203, C.R.S., the progress of the selected entity in implementing this part 7.
Source: L. 2016: Entire part added, (HB 16-1398), ch. 305, p. 1228, � 1,
effective July 1.
C.R.S. § 26-11-205.7
26-11-205.7. Community long-term care study - older Coloradans study cash fund - strategic plan - authority to implement. (1) (a) Subject to the receipt of sufficient moneys pursuant to paragraph (b) of this subsection (1), the state department or, if appropriate, the department of health care policy and financing shall contract for a study of the population eligible for services under the older Coloradans program created pursuant to section 26-11-205.5. The state department and the department of health care policy and financing shall make necessary data available to the contractor. In selecting a contractor to perform the study, the state departments are not required to follow the competitive bidding requirements of the Procurement Code, articles 101 to 112 of title 24, C.R.S. The study shall include research and analysis of:
(I) The demographic changes that will impact the demand for long-term care
services and supports;
(II) The number of persons sixty years of age or older who would benefit from
receiving additional services through the older Coloradans program thereby avoiding more expensive care needs;
(III) The types of services and supports needed by persons over sixty years of
age to remain in their own residences and communities for as long as possible and any existing or projected needs for those services and supports;
(IV) The overall amount of savings to the state across the continuum of care
associated with providing services to older adults in their own homes and communities;
(V) Other states' experiences with long-term care services and supports,
including cost savings or cost avoidance; and
(VI) Recommendations for a long-term strategic implementation plan for
providing services through the older Coloradans program.
(b) (I) The state department is authorized to seek and accept gifts, grants, or
donations from private and public sources for the purposes of this section; except that the state department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state. The state department shall transmit all private and public moneys received through gifts, grants, or donations to the state treasurer, who shall credit the same to the older Coloradans study cash fund, which fund is hereby created and referred to in this section as the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with implementing this section.
(II) Any moneys in the fund not expended for the purpose of this section may
be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
(2) If the study conducted pursuant to subsection (1)(a) of this section
concludes that increasing funding for community-based services as provided in the older Coloradans program would result in cost savings, by July 1, 2011, subject to the receipt of sufficient money pursuant to subsection (1)(b) of this section, the state department shall report to the members of the health and human services committees of the senate and house of representatives, or any successor committees, and to the members of the joint budget committee a long-term strategic implementation plan, developed in cooperation with the area agencies on aging designated pursuant to section 26-11-203, that identifies the expected needs for services and recommends potential funding sources.
(3) If the study conducted pursuant to paragraph (a) of subsection (1) of this
section concludes that one or more changes would result in cost savings to the state, without adversely affecting the care provided, and the changes are recommended in the strategic implementation plan developed pursuant to subsection (2) of this section, the state department or the department of health care policy and financing shall request, through the state budget process, that the changes be implemented and, if necessary, shall recommend legislation to implement the changes to the health and human services committees of the senate and house of representatives, or any successor committees, or the joint budget committee.
(4) (a) If the strategic implementation plan developed pursuant to subsection
(2) of this section identifies additional studies that should be conducted, subject to the receipt of sufficient moneys pursuant to paragraph (b) of subsection (1) of this section, the state department or the department of health care policy and financing shall contract for one or more studies identified in the strategic implementation plan. The state department and the department of health care policy and financing shall make necessary data available to all the contractors. In selecting a contractor to perform any study conducted pursuant to this subsection (4), the state departments are not required to follow the competitive bidding requirements of the Procurement Code, articles 101 to 112 of title 24, C.R.S.
(b) If one or more studies conducted pursuant to paragraph (a) of this
subsection (4) concludes that implementing the changes recommended by the study would result in cost savings to the state, without adversely affecting the care provided, the state department or the department of health care policy and financing shall request, through the state budget process, that the changes be implemented and, if necessary, shall recommend legislation to implement the changes to the health and human services committees of the senate and house of representatives, or any successor committees, or to the joint budget committee of the general assembly.
Source: L. 2010: Entire section added, (HB 10-1053), ch. 276, p. 1265, � 3,
effective May 26. L. 2011: (2) amended, (HB 11-1303), ch. 264, p. 1170, � 74, effective August 10. L. 2022: (2) amended, (HB 22-1035), ch. 38, p. 206, � 10, effective March 24.
Cross references: For the legislative declaration in the 2010 act adding this
section, see section 1 of chapter 276, Session Laws of Colorado 2010.
C.R.S. § 26-11-207
26-11-207. Family caregiver support program - creation. (1) The general assembly hereby finds, determines, and declares that it would be beneficial to the state to develop a service delivery system to respond to the needs of caregivers who care for frail, elderly persons or to the needs of grandparents and relative caregivers who have taken on the challenge and responsibility of raising children. The general assembly also finds that the federal Older Americans Act of 2000, Pub.L. 106-501, has authorized a family caregiver support program to be administered by area agencies on aging. The general assembly finds that by implementing the family caregiver support program support can be given to caregivers so that elderly individuals may be able to remain in their homes and support may be provided to grandparents or older individuals who are relative caregivers of children.
(2) There is hereby created in the state department the family caregiver
support program, referred to in this section as the program. The program shall allocate available moneys to area agencies on aging to provide support services to the following caregivers:
(a) Family caregivers of older individuals; and
(b) Grandparents or older individuals who are relative caregivers of children.
(3) Subject to available appropriations, services to caregivers shall be
provided by an area agency on aging or by an entity with which the area agency on aging has contracted. The services to caregivers under the program shall include:
(a) Information to caregivers about available services;
(b) Assistance to caregivers in gaining access to the services;
(c) Individual counseling, organization of support groups, and caregiver
training to assist the caregivers in making decisions and solving problems relating to their caregiving responsibilities;
(d) Respite care to enable caregivers to be temporarily relieved from their
caregiving responsibilities; and
(e) Supplemental services, on a limited basis, to complement the care
provided by caregivers.
(4) In the case of a family caregiver of an older individual, respite care, as
described in paragraph (d) of subsection (3) of this section, and supplemental services, as described in paragraph (e) of subsection (3) of this section, shall be provided only if the older individual meets the conditions specified in the federal law under the definition of the term frail which states that the older individual is functionally impaired because the individual either:
(a) Is unable to perform at least two activities of daily living without
substantial human assistance, including verbal reminding, physical cuing, or supervision; or
(b) Due to a cognitive or other mental impairment, requires substantial
supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual.
(5) The area agency on aging shall give priority for services under the
program to older individuals with greatest social and economic need, with particular attention to low-income older individuals, and to older individuals providing care and support to persons with intellectual and developmental disabilities.
(6) Each area agency on aging shall coordinate the activities of the agency
or any contractors with whom the agency has contracted with the activities of other community agencies and volunteer organizations providing the types of support services described in subsection (3) of this section.
(7) The state shall not use more than ten percent of the total federal and
state share of the moneys available to the state for the program to provide support services to grandparents and older individuals who are relative caregivers of children.
Source: L. 2002: Entire section added, p. 803, � 3, effective May 30. L. 2018:
(5) amended, (SB 18-096), ch. 44, p. 475, � 18, effective August 8.
Cross references: (1) For the Older Americans Act of 1965, see 42 U.S.C.
sec. 3001.
(2) For the legislative declaration in SB 18-096, see section 1 of chapter 44,
Session Laws of Colorado 2018.
C.R.S. § 26-12-402
26-12-402. Board of commissioners of veterans community living centers - creation - powers and duties - reimbursement for expenses. (1) There is created the board of commissioners of veterans community living centers in the state department. The board of commissioners is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the state department.
(2) The functions of the board of commissioners are to:
(a) Advise the office, veterans centers, and veterans community living
centers located in Homelake, Florence, Rifle, Aurora, and Walsenburg, Colorado, including the completion of the Fitzsimons veterans community living center in Aurora;
(b) Provide continuity, predictability, and stability in the operation of the
veterans centers; and
(c) Provide guidance to future administrators at the veterans centers based
on the collective institutional memory of the board of commissioners.
(3) (a) The board of commissioners shall consist of seven members, no more
than four of whom are members of the same political party, and all of whom shall be subject to confirmation by the senate.
(b) The governor shall appoint the seven members of the board of
commissioners as follows:
(I) Three veterans, one of whom shall be either a member of the state board
of veterans affairs or that board's designee;
(II) Three persons with expertise in nursing home operations, including:
(A) A person who is a nursing home administrator at the time of appointment
and who is experienced in the financial operations of nursing homes;
(B) A person who has practicing clinical experience in nursing homes; and
(C) A person who has experience in multi-facility management of nursing
homes; and
(III) The state long-term care ombudsman, as defined in section 26-11.5-103
(7), or a local ombudsman, as defined in section 26-11.5-103 (2), who is recommended to the governor by the state long-term care ombudsman.
(c) The appointed members of the board of commissioners shall serve terms
of four years; except that, of the members first appointed, the governor shall select three members who shall serve terms of two years.
(4) An appointed member may be removed for cause at any time during the
member's term by the governor. Vacancies on the board of commissioners shall be filled by appointment by the governor with the consent of the senate for the unexpired terms in the manner described in subsection (3) of this section.
(5) Members of the board of commissioners shall be reimbursed for
reasonable and necessary expenses incurred in the performance of their duties.
(6) All members of the board of commissioners shall be voting members. The
members of the board of commissioners shall elect a chair, a vice-chair, and a secretary from among the membership of the board. Board action shall require the affirmative vote of a majority of a quorum of the board of commissioners.
(7) The board of commissioners shall:
(a) Endeavor to ensure that the highest quality of care is being provided at
the veterans centers and that the financial status of the veterans centers is maintained on a sound basis;
(b) Obtain information concerning the following:
(I) The status of the central fund, as described in section 26-12-108, and the
progress of capital construction projects that are proposed or underway; and
(II) Issues of resident care arising from sources, including but not limited to
department of public health and environment surveys, veterans administration surveys, consultant contractor reports, plans of correction to both surveys and consultant reports, vacant position reports, and reports from the division;
(c) Have direct access to any consulting contractor working with the
veterans centers and obtain written and oral reports;
(d) Have direct access to the executive director of the state department and
the state board for the purposes of alerting state department policymakers of potential problems in veterans centers and establishing effective working relationships and lines of communication with the state department and state board at all levels;
(e) Have the authority to visit and review the operation of veterans centers;
(f) Participate in any request for a proposal panel that selects consulting
firms for veterans centers;
(g) Have authority to review and comment on rules promulgated by the state
department and the state board concerning veterans centers before the rules are submitted for public comment;
(h) Meet as often as necessary but not less than three times per year; and
(i) (I) On or before January 1, 2008, and on or before each January 1
thereafter, make an annual report of issues and recommendations developed by the board of commissioners to the executive director of the state department and the governor; and
(II) Transmit electronic versions of each annual report to:
(A) The members of the general assembly who sit on the health and human
services committee of the senate, the public health care and human services committee of the house of representatives, and the state, veterans, and military affairs committees of the senate and the house of representatives, or any successor committees; and
(B) The members of the state board of veterans affairs.
(8) Nothing in this part 4 shall be construed to abridge, amend, or supersede
any provision of a contractual agreement that the state department has entered into with any of the veterans centers.
Source: L. 2007: Entire part added, p. 438, � 1, effective July 1. L. 2009: (2)(a)
amended, (SB 09-056), ch. 177, p. 785, � 8, effective April 22. L. 2011: (2)(a) amended, (HB 11-1303), ch. 264, p. 1171, � 78, effective August 10. L. 2013: (1), (2), (7)(a), (7)(c), (7)(d), (7)(e), (7)(f), (7)(g), and (8) amended, (HB 13-1300), ch. 316, p. 1691, � 86, effective August 7. L. 2014: (1), (2), (7), and (8) amended, (SB 14-096), ch. 59, p. 272, � 29, effective August 6. L. 2016: (2)(a) amended, (HB 16-1397), ch. 202, p. 715, � 2, effective June 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3378, � 75, effective August 10. L. 2023: (5) amended, (SB 23-210), ch. 251, p. 1431, � 10, effective May 24.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 26-13-102.5
26-13-102.5. Definitions. As used in this article 13, unless the context otherwise requires:
(1) Delegate child support enforcement unit means the unit of a county
department of human or social services or its contractual agent that is responsible for carrying out the provisions of this article 13. The term contractual agent includes a private child support collection agency, operating as an independent contractor with a county department of human or social services, that contracts to provide any services that the delegate child support enforcement unit is required by law to provide.
(2) (a) IV-D case or IV-D support order means a case or a support order
with respect to a child in which support enforcement services are provided, in accordance with Title IV-D of the federal Social Security Act, as amended, and pursuant to this article, by the delegate child support enforcement unit to a custodian of a child who is or was a recipient:
(I) Of aid to families with dependent children, as that program was in effect
as of July 16, 1996;
(II) Under the Colorado works program pursuant to part 7 of article 2 of this
title;
(III) Of medical assistance only under articles 4, 5, and 6 of title 25.5, C.R.S.;
(IV) Of Title IV-E foster care; or
(V) Of foster care services under article 5 of this title.
(b) The terms IV-D case or IV-D support order also include any case or
order in which the custodian of a child applies to the delegate child support enforcement unit for support enforcement services and pays a fee for such services under section 26-13-106 (2).
Source: L. 90: Entire section added, p. 1407, � 1, effective June 8. L. 2003: (1)
amended, p. 1270, � 62, effective July 1. L. 2006: (2) amended, p. 2019, � 107, effective July 1. L. 2010: (2) amended, (HB 10-1043), ch. 92, p. 317, � 14, effective April 15. L. 2018: IP and (1) amended, (SB 18-092), ch. 38, p. 451, � 135, effective August 8.
Cross references: For the legislative declaration in SB 18-092, see section 1
of chapter 38, Session Laws of Colorado 2018.
C.R.S. § 26-13-125
26-13-125. State directory of new hires - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Employee means a natural person who is employed by an employer in
this state for compensation, which employer is required to report the compensation to the federal internal revenue service. Employee does not include:
(I) An employee hired to perform intelligence or counterintelligence
functions for an agency of the United States government, as those terms are defined in the federal Intelligence Organization Act of 1992, 50 U.S.C. sec. 401a, when the head of the agency has determined that reporting the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission; or
(II) An independent contractor.
(b) Employer means a person or entity doing business in the state that
engages an employee for compensation and for whom the employer is required to report the compensation to the federal internal revenue service. Employer also includes any governmental entity and any labor organization.
(c) Labor organization means any organization that exists for the purpose,
in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms, or conditions of employment or of providing other mutual aid or protection in connection with employment.
(d) Newly hired employee means an employee who:
(I) Has not previously been employed by the employer; or
(II) Was previously employed by the employer but has been separated from
his or her prior employment for at least sixty consecutive days.
(e) Service provider means:
(I) An individual, sole shareholder of a corporation, sole member of a limited
liability company, or sole proprietor;
(II) An individual who is not an employee of a service recipient; or
(III) An independent contractor who:
(A) Contracts or provides services for compensation to a service recipient
doing business in Colorado in an amount equal to or greater than the amount set forth in 26 U.S.C. sec. 6041 in the calendar year; or
(B) Is a transportation network company driver who uses a personal vehicle
to deliver food, goods, or other services to a person in Colorado through the transportation network company's digital network.
(f) Service recipient means:
(I) A person doing business in Colorado who enters into a contract for
services with a service provider or receives services from a service provider; or
(II) A person doing business in Colorado as a company that maintains a
digital network to facilitate service transportation network company drivers, including, but not limited to, drivers delivering food, goods, or services to a person seeking such services.
(2) The state department, or its agent, shall establish and maintain a state
directory of new hires on and after October 1, 1997, for the purpose of locating newly hired employees for the purposes of establishing, enforcing, or modifying child support obligations and for other purposes specified in paragraph (b) of subsection (8) of this section.
(3) Each employer shall submit to the state directory of new hires a copy of
the W-4 form, the W-9 form, or, at the option of the employer, an equivalent form for each newly hired employee in Colorado. The report may be transmitted to the state department by first-class mail, magnetically, or electronically. The report must contain the newly hired employee's name, date of birth, address, social security number, whether the new hire is an employee or service provider, and the date services for remuneration were first performed by the newly hired employee. The report must contain the name and address of the employer and the identifying number assigned to the employer pursuant to the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 6109. An employer is not liable for furnishing information pursuant to this section. An employer is not required to submit to the state directory of new hires a report concerning any employee hired for less than thirty days.
(4) Beginning not later than May 1, 1998, the state child support enforcement
agency shall conduct automated comparisons of the social security numbers reported by employers pursuant to this section and the social security numbers appearing in the records of the family support registry for cases being enforced under the state plan. The state department may contract for the performance of the comparisons required by this subsection (4) with another governmental agency or a private entity.
(5) An employer that has employees who are employed in two or more states
and that transmits reports magnetically or electronically may designate one state to which the employer shall submit reports. Any multistate employer that elects to transmit all reports to one state shall notify the secretary of the federal department of health and human services, in writing, which state the employer has designated for purposes of reporting.
(6) All employers shall report a newly hired employee within twenty calendar
days after the date the employer hires the employee or, at the election of the employer, at the time of the first regularly scheduled payroll following the date of hire if such payroll is subsequent to the expiration of the twenty-day period. Reports submitted magnetically or electronically shall be submitted by two monthly transmissions, when necessary, and in all instances, the report shall be transmitted no more than twenty calendar days after the date of hire or, at the election of the employer, at the time of the first regularly scheduled payroll following the date of hire if such payroll is subsequent to the expiration of the twenty-day period.
(7) (a) Within five business days after receipt of a report from an employer
concerning a newly hired employee, the state child support enforcement agency shall enter the information into the state directory of new hires.
(b) Within two business days after the date the information regarding a
newly hired employee is entered into the state directory of new hires, the state child support enforcement agency shall transmit an income assignment to the employer of the employee directing the employer to withhold an amount equal to the monthly child support obligation, including any past-due support obligation of the employee.
(c) Within three business days after the date the information regarding a
newly hired employee is entered into the state directory of new hires, the state directory of new hires shall furnish the information to the national directory of new hires.
(d) No later than two years after the date the information regarding a newly
hired employee is entered into the state directory of new hires, the state child support enforcement agency shall remove such name and information from the directory.
(8) (a) Information contained within the reports shall be made available to
delegate child support enforcement units and their agents in order to locate individuals for purposes of establishing paternity or for purposes of establishing, modifying, or enforcing child support obligations.
(b) Information contained within the reports must be made available to the
administrators of the following programs for purposes of establishing or verifying eligibility or benefit amounts: Public assistance pursuant to the Colorado works program, as defined in section 26-2-703 (5); medicaid; food stamps; supplemental security income benefits; cash assistance programs pursuant to this title; public assistance as defined in section 26-2-103 (7); child care assistance pursuant to part 1 of article 4 of title 26.5; and unemployment compensation.
(c) Information contained within the reports shall be available to the
department of labor and employment and the state agency operating the workers' compensation program.
(9) (a) No later than twenty days after a service recipient pays remuneration
to or contracts for services with a service provider in an amount set forth in 26 U.S.C. sec. 6041, whichever is earlier, the service recipient shall report to the state directory of new hires the following information:
(I) For each service provider who is newly paid or contracted for services
provided in this state, the service provider's name, date of birth, address, social security number, and whether the service provider is being reported as a service provider and not as an employee; and
(II) The service recipient's name, address, and social security number.
(b) A service recipient may report remuneration or contracts for services
pursuant to this subsection (9) if the value of the services is less than the amount set forth in 26 U.S.C. sec. 6041 or unknown.
(c) Information that is reported by a service recipient pursuant to this
subsection (9) is confidential but must be made available for use by state agencies that administer state plans pursuant to Title IV-D of the federal Social Security Act, including state agencies in other states.
(d) A service recipient who fails to provide a report pursuant to this
subsection (9) is subject to the same enforcement action available for failure of an employer to report a newly hired employee.
(e) A service recipient who reports information to the state directory of new
hires pursuant to this section is immune from civil liability.
Source: L. 97: Entire section added, p. 1298, � 43, effective July 1. L. 2006: (2)
and (8)(b) amended, p. 947, � 2, effective August 7. L. 2013: (1)(d) added and (2) and (3) amended, (HB 13-1209), ch. 103, p. 354, � 4, effective January 1, 2014. L. 2021: (1)(a), (1)(b), and (3) amended, (HB 21-1220), ch. 212, p. 1129, � 8, effective July 1. L. 2022: (8)(b) amended, (HB 22-1295), ch. 123, p. 860, � 106, effective July 1. L. 2025: (1)(a) and (3) amended and (1)(e), (1)(f), and (9) added, (HB 25-1159), ch. 334, p. 1763, � 9, effective May 31.
Cross references: For the legislative declaration contained in the 1997 act
enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative intent contained in the 2006 act amending subsections (2) and (8)(b), see section 8(2) of chapter 208, Session Laws of Colorado 2006.
C.R.S. § 26-13-129
26-13-129. Exemption from federal law. Upon a determination, finding, or warning of noncompliance or upon such other notification from the federal department of health and human services that the state may not be, or is not, in compliance with a provision of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, relating to the establishment of paternity or the establishment, modification, or enforcement of support, the state department shall seek a federal waiver or exemption pursuant to 42 U.S.C. sec. 666 (d) from the specific requirement of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 with which the state is alleged to be out of compliance.
Source: L. 97: Entire section added, p. 1307, � 43, effective July 1.
Cross references: For the legislative declaration contained in the 1997 act
enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997.
ARTICLE 13.5
Administrative Procedure
for Child Support
Establishment and Enforcement
26-13.5-101. Short title. This article shall be known and may be cited as the
Colorado Administrative Procedure Act for the Establishment and Enforcement of Child Support.
Source: L. 89: Entire article added, p. 1238, � 1, effective April 1, 1990.
26-13.5-102. Definitions. As used in this article 13.5, unless the context
otherwise requires:
(1) Administrative order means an order that establishes paternity, child
support, or medical support obligations or modifies the monthly support obligation or medical support provisions of an administrative process action order issued by a delegate child support enforcement unit or an administrative agency of another state or comparable jurisdiction with similar authority. The administrative order may be stipulated, temporary, or by default.
(1.1) Administrative process action or APA means an administrative action
conducted to establish or modify an administrative order pursuant to this article 13.5.
(1.2) APA-petitioner means, pursuant to article 13 of this title 26:
(a) The party who has applied for child support services; or
(b) The party who was mandatorily referred for child support services,
except in foster care fee cases, in which the delegate child support enforcement unit or the parent may be the petitioner.
(1.3) APA-respondent means, pursuant to article 13 of this title 26:
(a) The party who did not apply for child support services; or
(b) The party who was not mandatorily referred for child support services,
except in foster care fee cases, in which the parent who was referred may be the respondent.
(2) Arrears or arrearages means amounts of past-due and unpaid
monthly support obligations established by court or administrative order.
(3) Child support debt means an amount calculated pursuant to section 14-14-104 or by a delegate child support enforcement unit pursuant to this article 13.5
for unreimbursed public assistance provided to a family that has received or is receiving foster care placement services, aid to families with dependent children, or temporary assistance to needy families.
(4) Costs of collection means attorney fees or licensed legal
paraprofessional fees, costs for administrative staff time, service of process fees, court costs, costs of genetic tests, and costs for certified mail. Attorney fees, licensed legal paraprofessional fees, and costs for administrative time must only be collected in accordance with federal law and rules and regulations.
(5) Court or judge means any court or judge in this state having
jurisdiction to determine the liability of persons for the support of another person. Court or judge includes a juvenile magistrate and a district court magistrate.
(5.5) Currently scheduled negotiation conference means the conference
date and time scheduled in the notice of financial responsibility or the date and time scheduled in the latest notice of continuance, whichever date is later.
(6) Custodian means a parent, relative, legal guardian, or other person or
agency having physical care of a child.
(7) Delegate child support enforcement unit means the unit of a county
department of human or social services or its contractual agent that is responsible for carrying out the provisions of article 13 of this title 26. The term contractual agent includes a private child support collection agency, operating as an independent contractor with a county department of human or social services, or a district attorney's office, that contracts to provide any services that the delegate child support enforcement unit is required by law to provide.
(8) Dependent child means any person who is legally entitled to or the
subject of a court order or administrative order for the provision of proper or necessary subsistence, education, medical care, or any other care necessary for his or her health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.
(8.5) District court means any district court in this state and includes the
juvenile court of the city and county of Denver and the juvenile division of the district court outside of the city and county of Denver.
(9) Duty of support means a duty of support imposed by law, by order,
decree, or judgment of any court, or by administrative order, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. Duty of support includes the duty to pay a monthly support obligation, a child support debt, any retroactive support due, support of children in foster care, medical support, and any arrearages.
(10) Monthly support obligation means the monthly amount of current child
support or foster care placement costs that an obligor is ordered to pay by the court or by the delegate child support enforcement unit pursuant to this article 13.5.
(10.5) Notice of financial responsibility means the notice described in
sections 26-13.5-103 and 26-13.5-105 for an administrative process establishment action and in section 26-13.5-112 for an administrative process modification action.
(11) Obligee means any person or agency to whom a duty of support is
owed.
(12) Obligor means any person owing a duty of support.
(13) Receipt of notice means either the date on which service of process of
a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, or the date the APA-respondent signs a waiver of service of process, in accordance with section 26-13.5-104.
Source: L. 89: Entire article added, p. 1238, � 1, effective April 1, 1990. L. 90:
(4) and (7) amended and (8.5) added, p. 896, � 19, effective July 1. L. 91: (5) amended, p. 365, � 39, effective April 9; (9) amended, p. 216, � 5, effective July 1. L. 96: (9) amended, p. 618, � 25, effective July 1. L. 97: (4) amended, p. 563, � 15, effective April 29. L. 2003: (7) amended, p. 1271, � 64, effective July 1. L. 2005: (7) amended, p. 498, � 3, effective August 8. L. 2011: (3) amended, (SB 11-123), ch. 46, p. 121, � 9, effective August 10. L. 2018: IP and (7) amended, (SB 18-092), ch. 38, p. 452, � 137, effective August 8; IP, (1), (3), (6), (8), (10), (11), (12), and (13) amended and (1.1), (1.2), (1.3), (5.5), and (10.5) added, (HB 18-1363), ch. 389, p. 2323, � 4, effective July 1, 2019. L. 2023: (1.2) and (1.3) amended, (SB 23-173), ch. 330, p. 1977, � 12, effective July 1. L. 2024: (4) amended, (HB 24-1291), ch. 131, p. 474, � 26, effective August 7.
Cross references: For the legislative declaration in SB 18-092, see section 1
of chapter 38, Session Laws of Colorado 2018.
26-13.5-103. Notice of financial responsibility issued - contents. (1) The
delegate child support enforcement unit shall issue a notice of financial responsibility to the APA-respondent who is the obligee or an obligor who owes a child support debt or who is responsible for the support of a child or to the custodian of a child who is receiving support enforcement services from the delegate child support enforcement unit pursuant to article 13 of this title 26. If the obligor has applied for child support services, the notice must be served on the obligee. The notice must advise the APA-respondent:
(a) That the APA-respondent is required to appear on the date and at the
time and location stated in the notice for a negotiation conference, or, if the negotiation conference is continued, the date and time of the currently scheduled negotiation conference to establish a child support obligation;
(a.3) That, if the APA-petitioner fails to appear for the currently scheduled
negotiation conference, the delegate child support enforcement unit may proceed to establish an APA order or take such other action as appropriate under the law;
(a.5) That a party may contest paternity and obtain genetic testing if
paternity of the child has not already been established by court or administrative order or determined pursuant to the laws of another state and a request for genetic tests will not prejudice a party in matters concerning allocation of parental responsibilities pursuant to section 14-10-124 (1.5), and that, if genetic tests are not obtained prior to the legal establishment of paternity and submitted into evidence prior to the entry of the final order establishing paternity, the genetic tests may not be allowed into evidence at a later date;
(b) That the delegate child support enforcement unit shall issue an order of
default setting forth the child support obligations if the APA-respondent:
(I) Fails to appear for the negotiation conference as scheduled in the notice;
and
(II) Fails to reschedule a negotiation conference prior to the date and time of
the currently scheduled negotiation conference; and
(III) Fails to send the delegate child support enforcement unit a written
request for a court hearing prior to the currently scheduled negotiation conference;
(b.5) That, if the notice is issued for the purpose of establishing the paternity
of and financial responsibility for a child, the delegate child support enforcement unit shall issue an order of default establishing paternity and setting forth the amount of the obligor's duty of support, if:
(I) The APA-respondent fails to appear for the initial negotiation conference
as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility or fails to appear for the currently scheduled negotiation conference; or
(II) The APA-respondent fails to take a genetic test or fails to appear for an
appointment to take a genetic test without good cause; or
(III) The results of the genetic test indicate a ninety-seven percent or greater
probability that the alleged father is the father of the child, and the APA-respondent fails to appear for the currently scheduled negotiation conference;
(c) (Deleted by amendment, L. 92, p. 213, � 17, effective August 1, 1992.)
(d) That the order of default shall be filed with the clerk of the district court
in the county in which the notice of financial responsibility was issued; that, as soon as the order of default is filed, it shall have all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court;
(e) That a judgment may be entered on the order of financial responsibility
issued pursuant to this article, and that if a judgment is not entered on the order of financial responsibility and needs to be enforced, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period and that, notwithstanding the provisions of this paragraph (e), no court order for judgment nor verified entry of judgment shall be required in order for the county and state child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund;
(f) The name of the custodian of the child on whose behalf support is being
sought and the name and birth date of such child;
(g) That the amount of the monthly support obligation shall be based upon
the child support guidelines as set forth in section 14-10-115, C.R.S.;
(h) That, in calculating the amount of monthly support obligation pursuant to
the child support guidelines as set forth in section 14-10-115, the delegate child support enforcement unit shall set the monthly support obligation based upon reliable information concerning the parents' income, which may include wage statements or other wage information obtained from the department of labor and employment, tax records, and verified statements and other information provided by the parents and that, in the absence of any such information, the delegate child support enforcement unit shall set the monthly support obligation pursuant to section 14-10-115 (5)(b.5);
(i) That the delegate child support enforcement unit may issue an
administrative subpoena to obtain income information;
(i.5) That the court or delegate child support enforcement unit may enter an
order directing the obligor to pay for support of the child in an amount determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the entry of an order establishing paternity or for a time period prior to the month the child support obligation begins in a support order established pursuant to section 19-6-104;
(j) The amount of the child support debt accrued and accruing;
(k) The amount of arrears or arrearages which have accrued under an
administrative or a court order for support;
(l) That the costs of collection, as defined in section 26-13.5-102 (4), may be
assessed against and collected from the APA-respondent;
(m) If applicable, that foster care maintenance may be collected against the
obligor;
(n) The interest rate on any support payments which are not made on time;
(o) That the APA-respondent may assert the following objections in the
negotiation conference and that, if such objections are not resolved, the delegate child support enforcement unit shall schedule a court hearing pursuant to section 26-13.5-105 (3):
(I) That neither the APA-petitioner nor the APA-respondent is the parent of
the dependent child; except that, if parentage has been previously determined by or pursuant to the law of another state, the APA-petitioner and APA-respondent are advised that any challenge to the determination of parentage must be resolved in the state where the determination of parentage was made;
(II) That the dependent child has been adopted by a person other than the
APA-respondent;
(III) That the dependent child is emancipated; or
(IV) That there is an existing court or administrative order of support as to
the monthly support obligation;
(p) That the duty to provide medical support shall be established under this
article in accordance with section 14-10-115, C.R.S.;
(q) That an administrative order issued pursuant to this article may also be
modified under this article;
(r) That the APA-petitioner and APA-respondent are responsible for notifying
the delegate child support enforcement unit of any change of address or employment within ten days of such change;
(r.5) That the APA-respondent may opt out of the administrative process
action and have all issues decided by a court by delivering to the delegate child support enforcement unit prior to the date and time of the currently scheduled negotiation conference a written request for a court hearing;
(s) That, if the APA-petitioner or APA-respondent has any questions, the
APA-petitioner or APA-respondent should telephone, email, or visit the delegate child support enforcement unit;
(t) That the APA-petitioner or APA-respondent has the right to consult an
attorney or licensed legal paraprofessional and the right to be represented by an attorney or licensed legal paraprofessional at the negotiation conference; and
(u) Such other information as set forth in rules and regulations promulgated
pursuant to section 26-13.5-113.
Source: L. 89: Entire article added, p. 1239, � 1, effective April 1, 1990. L. 90:
IP(1), IP(1)(b), (1)(b)(I), (1)(b)(II), and (1)(m) amended, p. 896, � 20, effective July 1. L. 91: (1)(c) amended, p. 257, � 22, effective July 1. L. 92: (1)(b.5) added and (1)(c) and (1)(e) amended, pp. 184, 213, �� 5, 17, effective August 1. L. 94: (1)(b.5) amended and (1)(i.5) added, p. 1544, � 21, effective May 31. L. 96: (1)(d) amended, p. 618, � 26, effective July 1. L. 97: (1)(b.5)(II) and (1)(b.5)(III) amended, p. 564, � 16, effective July 1. L. 2005: (1)(a.5) added, p. 380, � 10, effective January 1, 2006. L. 2006: (1)(h) amended, p. 517, � 6, effective August 7. L. 2007: (1)(p) amended, p. 109, � 7, effective March 16. L. 2011: (1)(o)(I) amended, (SB 11-123), ch. 46, p. 121, � 10, effective August 10. L. 2018: IP(1), (1)(a), (1)(a.5), (1)(b), (1)(b.5), (1)(f), (1)(l), (1)(o), (1)(r), (1)(s), and (1)(t) amended and (1)(a.3) and (1)(r.5) added, (HB 18-1363), ch. 389, p. 2325, � 5, effective July 1, 2019. L. 2023: (1)(i) and (1)(s) amended, (SB 23-173), ch. 330, p. 1978, �� 13, 14, effective July 1. L. 2024: (1)(t) amended, (HB 24-1291), ch. 131, p. 474, � 27, effective August 7. L. 2025: (1)(h) and (1)(i.5) amended, (HB 25-1159), ch. 334, p. 1765, � 10, effective May 31.
26-13.5-103.5. Notice of financial responsibility amended - adding
children. (1) In any existing case commenced under this article, if it is alleged that another child has been conceived of the parents named in the existing case and at least one of the presumptions of paternity specified in section 19-4-105, C.R.S., applies, the delegate child support enforcement unit shall issue an amended notice of financial responsibility to add the child to the case.
(2) The amended notice of financial responsibility to add a child to an
existing case shall be served in the manner set forth in section 26-13.5-104.
(3) The amended notice of financial responsibility to add a child to an
existing case shall contain all of the advisements required in an original notice of financial responsibility as set forth in section 26-13.5-103.
(4) Notwithstanding the provisions of subsection (1) of this section, in any
case where there exists more than one alleged or presumed father for a child pursuant to section 19-4-105, C.R.S., a new case shall be commenced for that child to determine the child's paternity, establish child support, and address any other related issues. If it is determined that the child is the child of parents named in an existing case, the cases shall be consolidated pursuant to rule 42 of the Colorado rules of civil procedure.
Source: L. 2008: Entire section added, p.1350, � 9, effective January 1, 2009.
26-13.5-104. Service of notice of financial responsibility. (1) The delegate
child support enforcement unit shall serve a notice of financial responsibility on the APA-respondent at least fourteen days prior to the date stated in the notice for the negotiation conference:
(a) In the manner prescribed for service of process in a civil action; or
(b) By an employee appointed by the delegate child support enforcement
unit to serve such process; or
(c) By certified mail, return receipt requested, signed by the obligor only. The
receipt shall be prima facie evidence of service.
(2) Service of process to establish paternity and financial responsibility may
be made under this article by certified mail as specified in subsection (1) of this section or by any of the other methods of service specified in said subsection (1).
(3) If process has been served pursuant to this section, additional service of
process is not necessary if the case is referred to court for further action or review.
(4) An APA-respondent may waive service by signing a waiver of service of
process and thereby waives the fourteen-day notice period required by subsection (1) of this section.
(5) Service of process on the APA-petitioner is not required. The APA-petitioner voluntarily submits himself or herself to the jurisdiction of the delegate
child support enforcement unit and the court in connection with any APA case.
(6) A copy of the notice of financial responsibility must be provided to the
APA-petitioner by first-class mail, hand delivery, or electronic transmission if agreed to by the APA-petitioner, at least fourteen days prior to the date of the negotiation conference. The APA-petitioner may waive the right to this fourteen-day notice period.
Source: L. 89: Entire article added, p. 1241, � 1, effective April 1, 1990. L. 90:
IP(1) amended, p. 896, � 21, effective July 1. L. 92: Entire section amended, p. 184, � 6, effective August 1. L. 2018: IP(1) and (3) amended and (4), (5), and (6) added, (HB 18-1363), ch. 389, p. 2327, � 6, effective July 1, 2019.
26-13.5-105. Negotiation conference - issuance of order of financial
responsibility - filing of order with district court. (1) Every APA-respondent who has been served with a notice of financial responsibility pursuant to section 26-13.5-104 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference prior to the date and time stated in the notice. The negotiation conference must be scheduled not more than thirty-five days after the date of the issuance of the notice of financial responsibility. A negotiation conference may be rescheduled by a request for a standard continuance by the APA-petitioner or APA-respondent. A standard continuance must not be more than seven days after the date of the currently scheduled negotiation conference. The negotiation conference may also be continued for good cause as defined in rules promulgated pursuant to section 26-13.5-113. If a negotiation conference is continued, the APA-petitioner and APA-respondent must be notified of such continuance by first-class mail, hand delivery, or electronic means if agreed to by both parties. A stipulation in an establishment action may be signed by the APA-respondent and the delegate child support enforcement unit, with or without the signature of the APA-petitioner. If a stipulation is agreed upon at the negotiation conference as to the obligor's duty of support, the delegate child support enforcement unit shall issue an administrative order of financial responsibility setting forth the following:
(a) The amount of the monthly support obligation and instructions on the
manner in which it shall be paid;
(b) The amount of child support debt due and owing to the state department
and instructions on the manner in which it shall be paid;
(c) The amount of arrearages due and owing and instructions on the manner
in which it shall be paid;
(d) The names and dates of birth of the parties and of the children for whom
support is being sought and the parties' residential and mailing addresses, unless that information must not be disclosed pursuant to section 26-13-102.8.
(e) and (f) (Deleted by amendment, L. 99, p. 1091, � 12, effective July 1, 1999.)
(2) The order of financial responsibility has all the force, effect, and
remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. In order to enforce a judgment based on an order issued pursuant to this article 13.5, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period. Notwithstanding the provisions of this subsection (2), a court order for judgment or verified entry of judgment is not required in order for the delegate child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund.
(3) (a) If a stipulation is not agreed upon at the negotiation conference
because the APA-petitioner or APA-respondent contests the issue of paternity, the delegate child support enforcement unit shall issue an order for genetic testing if paternity has not already been established by a court or administrative order or determined pursuant to the laws of another state and continue the negotiation conference to allow for the receipt of the genetic testing results. The delegate child support enforcement unit shall pay the costs of the genetic testing and may recover any testing costs from the presumed or alleged father if paternity is established. If paternity has already been established or determined, an APA temporary order must be established without conducting genetic testing.
(b) If a stipulation is not agreed upon at the continued negotiation
conference and genetic testing is required and the evidence relating to paternity does not meet the requirements set forth in section 13-25-126 (1)(g), the delegate child support enforcement unit may dismiss the action or take such other appropriate action as allowed by law.
(c) If a stipulation is not agreed upon at the negotiation conference and
parentage is not an issue, or, if parentage is an issue and either the evidence relating to parentage meets the requirements set forth in section 13-25-126 (1)(g), or parentage has been previously determined by another state, the delegate child support enforcement unit shall:
(I) Issue temporary orders establishing current child support, foster care
maintenance, and medical support;
(II) File the notice of financial responsibility and proof of service with the
clerk of the district court in the county in which the notice of financial responsibility was issued; and
(III) Request the court to set a hearing for the matter.
(d) Notwithstanding any rules of the Colorado rules of civil procedure, a
complaint is not required in order to initiate a court action pursuant to this subsection (3). The court shall inform the delegate child support enforcement unit of the date and location of the hearing and the court or the delegate child support enforcement unit shall send a notice to the APA-petitioner and APA-respondent informing each party of the date and location of the hearing. In order to meet federal requirements of expedited process for child support enforcement, the court shall hold a hearing and decide only the issue of child support within ninety days after receipt of notice, as defined in section 26-13.5-102 (13), or within six months after receipt of notice, as defined in section 26-13.5-102 (13), if the APA-petitioner or APA-respondent is contesting the issue of parentage. The judge or magistrate shall advise the parties that subsequent to an adjudication of parentage, upon request, the court shall enter an order allocating parental responsibilities pursuant to section 14-10-124 (1.5); except that, in matters involving a nonresident party, the court shall first determine whether it has authority to issue an order allocating parental responsibilities pursuant to article 13 of title 14. If either party requests orders relating to the allocation of parental responsibilities, decision-making responsibility, or parenting time and the court has jurisdiction to hear such matters but is unable to hold a hearing to address all issues within the federally required time frame for expedited process for child support enforcement described above, the court shall set a separate hearing for those issues after entry of the order of support. In any action, including an action for parentage, additional service beyond that originally required pursuant to section 26-13.5-104 is not required if a stipulation is not reached at the negotiation conference and the court is requested to set a hearing in the matter.
(4) The determination of the monthly support obligation is based on the child
support guidelines set forth in section 14-10-115. The delegate child support enforcement unit may issue an administrative subpoena requesting income information, including but not limited to wage statements, pay stubs, and tax records. In the absence of reliable information, which may include such information as wage statements or other wage information obtained from the department of labor and employment, tax records, and verified statements made by the obligee, the delegate child support enforcement unit shall set the amount included in the order of financial responsibility pursuant to section 14-10-115, after considering the factors set forth in section 14-10-115 (5)(b.5)(II).
(5) If the court or delegate child support enforcement unit finds that the
obligor has an obligation to support the child or children mentioned in the petition or notice, the court or delegate child support enforcement unit may enter an order directing the obligor to pay such sums for support as may be reasonable under the circumstances, taking into consideration the factors described in section 19-4-116 (6) for a time period that occurred prior to the month the child support obligation begins pursuant to section 19-6-104.
(6) If a parent is unemployed and not incapacitated, the delegate child
support enforcement unit may order such parent to pay such support in accordance with a plan approved by the delegate child support enforcement unit or to participate in work activities, as described in section 14-10-115 (5)(b)(II), C.R.S., as deemed appropriate by that delegate child support enforcement unit, as a condition of the child support order.
Source: L. 89: Entire article added, p. 1242, � 1, effective April 1, 1990. L. 90:
IP(1), (2), and (3) amended, p. 897, � 22, effective July 1. L. 92: Entire section amended, p. 213, � 18, effective August 1. L. 93: (3) amended, p. 582, � 22, effective July 1; (3) amended, p. 1565, � 20, effective September 1. L. 94: (5) added, p. 1544, � 22, effective May 31. L. 96: IP(1), (1)(e), (2), and (3) amended, p. 619, � 27, effective July 1. L. 97: (1)(d) and (3) amended and (6) added, p. 1307, � 44, effective July 1. L. 98: (3)(d) amended, p. 1415, � 83, effective February 1, 1999. L. 99: (1)(d), (1)(e), and (1)(f) amended, p. 1091, � 12, effective July 1. L. 2005: (3)(b) and (3)(c) amended, p. 773, � 53, effective June 1. L. 2007: (6) amended, p. 109, � 8, effective March 16. L. 2008: (1)(d) amended, p. 1351, � 10, effective July 1. L. 2011: (3)(c) amended, (SB 11-123), ch. 46, p. 121, � 11, effective August 10. L. 2018: IP(1), (2), and (3) amended, (HB 18-1363), ch. 389, p. 2327, � 7, effective July 1, 2019. L. 2019: (4) amended, (HB 19-1215), ch. 270, p. 2555, � 7, effective July 1. L. 2023: IP(1), (1)(d), IP(3)(c), (3)(c)(I), and (3)(d) amended, (SB 23-173), ch. 330, pp. 1978, 1979, �� 15, 16, effective July 1; (5) amended, (SB 23-173), ch. 330, p.1980, � 17, effective September 1. L. 2025: (5) amended, (HB 25-1159), ch. 334, p. 1766, � 11, effective May 31.
Editor's note: Amendments to subsection (3) by Senate Bill 93-25 and
Senate Bill 93-154 were harmonized.
Cross references: For the legislative declaration contained in the 1993 act,
effective July 1, 1993, amending subsection (3), see section 1 of chapter 165, Session Laws of Colorado 1993. For the legislative declaration contained in the 1997 act amending this section, see section 1 of chapter 236, Session Laws of Colorado 1997.
26-13.5-106. Default - issuance of establishment order of default - filing of
order with district court - rules. (1) (a) If an APA-respondent fails to appear for a currently scheduled negotiation conference, the delegate child support enforcement unit shall issue an order of default in accordance with the notice of financial responsibility.
(b) In an action to establish paternity and financial responsibility, the
delegate child support enforcement unit shall issue an order of default establishing paternity and financial responsibility in accordance with the notice of financial responsibility if:
(I) The APA-respondent fails to appear for the initial negotiation conference
as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility; or
(II) The APA-respondent fails to take a genetic test or fails to appear for an
appointment to take a genetic test without good cause; or
(III) The results of the genetic test indicate a ninety-seven percent or greater
probability that the alleged father is the father of the child, and the APA-respondent fails to appear for the negotiation conference as scheduled in the notice of financial responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the notice of financial responsibility.
(b.5) The state board shall promulgate rules defining what constitutes good
cause for failure to appear at a negotiation conference.
(c) The court shall approve the order of default, which must include the
following:
(I) The amount of the monthly support obligation and instructions on the
manner in which it must be paid;
(II) The amount of child support debt due and owing to the state department
and instructions on the manner in which it must be paid;
(III) The amount of arrearages due and owing and instructions on the manner
in which it must be paid;
(IV) The name of the child's custodian and the name and birth date of the
child for whom support is being sought;
(V) The information required by section 14-14-111.5 (2);
(VI) In a default order establishing paternity, a statement that the obligor has
been determined to be the parent of the child;
(VII) Such other information set forth in rules promulgated pursuant to
section 26-13.5-113.
(d) The order for default may direct the obligor to pay for support of the
child, in an amount determined by the court or delegate child support enforcement unit to be reasonable under the circumstances, for a time period prior to the month the child support obligation begins in the order establishing financial responsibility and parentage.
(e) To approve the default order, the court shall confirm that:
(I) The default order and all other documents required to be filed with the
court pursuant to this section were in fact filed with the court; and
(II) Notice was served on the APA-respondent or a waiver of service was
executed by the APA-respondent pursuant to section 26-13.5-104.
(f) In approving a default order, the court shall not:
(I) Recalculate the amount of any child support obligation contained in the
APA order;
(II) Schedule or conduct a court hearing; or
(III) Require the filing of additional documents with the court.
(g) (I) If the court has not approved or denied approval of the default order
within thirty-six days after filing with the court, the delegate child support enforcement unit shall notify the court that the deadline for approval or denial is in seven days on the forty-second day.
(II) The court may conduct a judicial review of the order pursuant to section
26-13.5-107.
(2) A copy of any default order issued pursuant to subsection (1) of this
section, along with proof of service, and, in the case of a default order establishing paternity and financial responsibility pursuant to subsection (1)(b) of this section, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, shall be filed with the court. Before filing with the court, a supervisor, administrator, attorney, or director of a county department of human or social services shall review the order and other documents. The clerk shall stamp the date of receipt of the copy of the default order and shall assign the order a case number. The default order has all the force, effect, and remedies of an order of the court, including, but not limited to, wage assignments issued prior to July 1, 1996, or income assignments issued thereafter or contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. In order to enforce a judgment based on an order issued pursuant to this article 13.5, the judgment creditor shall file with the court a verified entry of judgment specifying the period of time that the judgment covers and the total amount of the judgment for that period. Notwithstanding the provisions of this subsection (2), a court order for judgment or verified entry of judgment is not required in order for the child support enforcement units to certify past-due amounts of child support to the internal revenue service or state department of revenue for purposes of intercepting a federal or state tax refund.
Source: L. 89: Entire article added, p. 1243, � 1, effective April 1, 1990. L. 90:
IP(1) and (2) amended, p. 898, � 23, effective July 1. L. 92: (1) and (2) amended, p. 185, � 7, effective August 1; entire section amended, p. 215, � 19, effective August 1. L. 94: (1) amended, p. 1545, � 23, effective May 31. L. 96: (1)(c)(V) and (2) amended, p. 620, � 28, effective July 1. L. 97: (1)(b)(II), (1)(b)(III), and (2) amended, p. 564, � 17, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2329, � 8, effective July 1, 2019. L. 2021: (1)(c)(V) amended, (HB 21-1220), ch. 212, p. 1130, � 9, effective July 1. L. 2023: (1)(c)(IV) amended, (SB 23-173), ch. 330, p. 1980, � 18, effective July 1; (1)(d) amended, (SB 23-173), ch. 330, p. 1980, � 19, effective September 1.
Editor's note: Amendments to this section by House bill 92-1214 and House
Bill 92-1232 were harmonized.
26-13.5-107. Orders - duration - effect of court determinations. (1) A copy
of any order of financial responsibility or of any default order or of any temporary order of financial responsibility issued by the delegate child support enforcement unit must be sent by the unit by first-class mail to the APA-petitioner and APA-respondent or the APA-petitioner's or APA-respondent's attorney or licensed legal paraprofessional of record and to the custodian of the child.
(2) Any order of financial responsibility, any default order, and any temporary
order of financial responsibility must continue until modified by administrative or court order, even if the child is no longer receiving benefits under the programs listed in section 26-13-102.5 (2)(a), unless the child is emancipated or is otherwise no longer entitled to support. In the event that the order of financial responsibility, default order, or temporary order of financial responsibility is entered in a case at a time when there is a court action on the same case, the court may credit a portion of a monthly amount paid under the administrative process order towards future payments due in the court case only if the order in the court case is established at a lower amount than the administrative process order and only to the extent of the difference between the amount of the court order and the amount of the administrative process order.
(3) Nothing contained in this article 13.5 deprives a court of competent
jurisdiction from determining the duty of support of an obligor against whom an administrative order is issued pursuant to this article 13.5. Such a determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but does not affect any arrearage which may have accrued under the administrative order.
(4) Any party to an APA order may file a request for relief from an APA
judgment or order. The request must be in writing and filed with the court after the APA order becomes effective. The court may not conduct a review of a pending APA order. The review must be pursuant to C.R.C.P. 60.
Source: L. 89: Entire article added, p. 1244, � 1, effective April 1, 1990. L. 92:
(1) and (2) amended, p. 217, � 20, effective August 1. L. 2010: (2) amended, (HB 10-1043), ch. 92, p. 317, � 15, effective April 15. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2331, � 9, effective July 1, 2019. L. 2024: (1) amended, (HB 24-1291), ch. 131, p. 474, � 28, effective August 7.
26-13.5-108. Request for court hearing. (Repealed)
Source: L. 89: Entire article added, p. 1244, � 1, effective April 1, 1990. L. 90:
(1) and (2) amended, p. 898, � 24, effective July 1. L. 91: (2) amended, p. 258, � 23, effective July 1. L. 92: Entire section repealed, p. 217, � 21, effective August 1.
26-13.5-109. Notice of financial responsibility - issued in which county. A
notice of financial responsibility may be issued by a delegate child support enforcement unit pursuant to this article in any county where public assistance was paid, the county where the obligor resides, the county where the obligee resides, or the county where the child resides as prescribed by rule and regulation pursuant to section 26-13.5-113.
Source: L. 89: Entire article added, p. 1245, � 1, effective April 1, 1990.
26-13.5-110. Paternity - establishment - filing of order with court. (1) The
delegate child support enforcement unit may issue an order establishing paternity of and financial responsibility for a child in the course of a support proceeding pursuant to this article 13.5 when a parent signs a statement that the paternity of the child for whom support is sought has not been legally established and that the parents are the legal parents of the child and if neither parent is contesting the issue of paternity or may issue a default order establishing paternity and financial responsibility in accordance with section 26-13.5-106. Prior to issuing an order pursuant to this section, the delegate child support enforcement unit shall advise both parents in writing as prescribed by rule promulgated pursuant to section 26-13.5-113 of their legal rights concerning the determination of paternity.
(2) A copy of the order establishing paternity and financial responsibility and
the sworn statement of the parent and, in the case of a default order establishing paternity and financial responsibility, the APA-petitioner's verified affidavit regarding paternity and the genetic test results, if any, must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued or as otherwise provided in accordance with section 26-13.5-105 (2). The order establishing paternity and financial responsibility has all the force, effect, and remedies of an order of the district court, and the order may be executed upon and enforced in the same manner as an order of the court.
(3) If the order establishing paternity is at variance with the child's birth
certificate, the delegate child support enforcement unit shall order that a new birth certificate be issued pursuant to section 19-4-124.
(4) Service of process to establish paternity and financial responsibility may
be made pursuant to this article 13.5 by any method of service, including certified mail, as specified in section 26-13.5-104.
Source: L. 89: Entire article added, p. 1245, � 1, effective April 1, 1990. L. 90:
(2) amended, p. 899, � 25, effective July 1. L. 92: Entire section amended, p. 186, � 8, effective August 1. L. 97: (2) amended, p. 565, � 18, effective July 1. L. 2018: Entire section amended, (HB 18-1363), ch. 389, p. 2332, � 10, effective July 1, 2019.
26-13.5-110.5. Filing genetic testing results with court - no administrative
process action order. (1) Whenever genetic testing has been conducted pursuant to section 26-13.5-105 and the results show a less than ninety-seven percent probability of parentage, and the delegate child support enforcement unit issues a notice or order of dismissal of the APA case, the genetic testing results must be filed with the clerk of the district court in the county in which the notice of financial responsibility was issued, when there is a court action relating to child support pending, or where an order exists but is silent on the issue of child support.
(2) Notwithstanding any other provisions of this article 13.5 to the contrary,
the court has jurisdiction to receive an objection to genetic test results and to take any other appropriate action relating to such test results.
Source: L. 2018: Entire section added, (HB 18-1363), ch. 389, p. 2333, � 11,
effective July 1, 2019.
26-13.5-111. Establishment and enforcement of duties of support upon
request of agency of another state. (Repealed)
Source: L. 89: Entire article added, p. 1245, � 1, effective April 1, 1990. L. 93:
(4) amended, p. 1607, � 14, effective January 1, 1995. L. 2003: Entire section repealed, p. 1271, � 65, effective April 22.
26-13.5-112. Modification of an order. (1) At any time after the entry of an
order of financial responsibility or an order of default pursuant to this article 13.5, in order to add, alter, or delete any provisions to such an order, the delegate child support enforcement unit may issue a notice of financial responsibility modification to the obligor and obligee advising the obligor and obligee of the possible modification of the existing administrative order issued pursuant to this article 13.5. The delegate child support enforcement unit shall serve the obligor and the obligee with a notice of financial responsibility modification by first-class mail or by electronic means if mutually agreed upon. The obligor or the obligee may file a written request for modification of an administrative order issued pursuant to this article 13.5 with the delegate child support enforcement unit. If the delegate child support enforcement unit denies the request for modification based upon the failure to demonstrate a showing of changed circumstances required pursuant to section 14-10-122, the delegate child support enforcement unit shall advise the requesting party of the party's right to seek a modification pursuant to section 14-10-122.
(1.2) At any time after entry of an administrative order issued pursuant to this
article, an obligor or obligee may file a written request for review of the order with the delegate child support enforcement unit. The written request for review shall include financial information of the requesting party necessary to conduct a calculation pursuant to the Colorado child support guidelines described in section 14-10-115, C.R.S. The requesting party shall provide his or her financial information on the form required by the division of child support enforcement. The delegate child support enforcement unit shall review each request received and grant or deny the request using the standards described in section 26-13-121 (2)(a) or (2)(b).
(1.3) If there is an active assignment of rights, the delegate child support
enforcement unit shall, once every thirty-six months, review the administrative order to determine if an adjustment of the administrative order is appropriate.
(1.4) If the request for review is granted or in case of an automatic review
where there is an active assignment of rights, a notice of review shall be issued to the requesting and nonrequesting parties. In the case of a review in which there is an active assignment of rights, the obligor and obligee shall be considered nonrequesters. The notice of review shall advise the obligor and obligee that a review is to be conducted and provide the nonrequesters twenty days within which to provide the financial information necessary to calculate the child support obligation pursuant to the Colorado child support guidelines described in section 14-10-115, C.R.S.
(1.5) (a) The review of the administrative order must be conducted on or
before the thirtieth day after notice of review is sent to the parties. During the review, the determination of the monthly support obligation must be based on the child support guidelines set forth in section 14-10-115. The delegate child support enforcement unit may grant a continuance of the review for good cause. The continuance must be for a reasonable period of time to be determined by the delegate child support enforcement unit, not to exceed thirty days.
(b) In order to obtain information necessary to conduct the review, the
dele
C.R.S. § 26-2-1102
26-2-1102. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Employer of record means an organization that has been selected by
the state department to be responsible for providing the following employer services, in an effective and efficient manner and at the lowest cost, with respect to transitional job workers who perform work for a host site employer:
(a) Payment of wages to a transitional job worker, upon receipt from the
host-site employer of certification, in the manner prescribed by the state department, that the transitional job worker has worked a specified number of hours;
(b) Withholding and payment of payroll taxes, including FICA, medicare, and,
if applicable, unemployment insurance taxes, to the appropriate federal and state agencies;
(c) Provision, if applicable, of worker's compensation coverage;
(d) Preparation and distribution of federal and state tax forms, including W-2
and I-9 forms; and
(e) Provision of such other formal employer functions as the department of
human services may prescribe.
(2) Host-site employer means the employer that agrees with the local
agency contractor to be responsible for:
(a) Selecting, training, and supervising a transitional jobs worker;
(b) Certifying to the employer of record, in the manner prescribed by the
department of human services, the number of hours that the transitional jobs worker has worked for the employer; and
(c) Cooperating with the local agency contractor in facilitating the
movement of the transitional jobs worker into unsubsidized employment; except that the host site employer shall not be required to offer unsubsidized employment to the transitional jobs worker.
(3) Local agency contractor means the governmental, nonprofit, or for-profit organizations that the state department has chosen, through a competitive
request for proposals and contracting process, to be responsible for administering the transitional jobs program at the local level, including:
(a) Outreach to prospective transitional jobs workers;
(b) Recruitment of potential transitional jobs workers;
(c) Orientation of transitional jobs workers;
(d) Provision to transitional jobs workers of access to case management;
(e) Provision of job coaching to transitional jobs workers, both prior to and
following their selection by host-site employers;
(f) Introduction of transitional jobs workers to host-site employers;
(g) Ongoing communication with host site employers concerning workplace
issues with the goal that early identification and prompt resolution will help transitional jobs workers to succeed on the job and move into unsubsidized employment; and
(h) Collection of data required by the state department, including utilization
of the common statewide data collection system identified by the state department for data reporting and documentation of transitional jobs program outcomes and performance.
Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2098, � 1,
effective July 1.
C.R.S. § 26-2-1103
26-2-1103. Transitional jobs program. (1) The state department shall administer a transitional jobs program. The transitional jobs program must:
(a) Seek to offer the opportunity to work in transitional jobs to eligible
individuals from July 1, 2013, through June 30, 2029; except that no new transitional jobs shall be offered after December 31, 2028;
(b) To the greatest extent possible, provide priority transitional job offers to
the following groups of eligible individuals, with the highest priority being given to individuals meeting one or more of the following categories:
(I) Noncustodial parents;
(II) Veterans; or
(III) Displaced workers that are fifty years of age or older;
(c) Pay eligible workers at least the applicable minimum wage; and
(d) Place transitional job workers, to the greatest extent feasible, with host-site employers that are small and medium-sized firms that have no more than fifty
full-time-equivalent employees.
(2) To be eligible for a transitional job, an individual must:
(a) Be a legal United States resident or otherwise lawfully present and
eligible for work in the United States;
(b) Be a resident of Colorado;
(c) Be at least eighteen years of age;
(d) Not be incarcerated and be able to work;
(e) Have a family income of below one hundred fifty percent of the federal
poverty level, as adjusted for family size;
(f) Be unemployed or underemployed for no more than twenty hours per
week, for at least four consecutive weeks; and
(g) Demonstrate that he or she has actively sought employment utilizing the
public workforce system.
(3) An individual who is eligible for a transitional job under subsection (2) of
this section may be offered a transitional job, subject to the availability of funds, on the following terms:
(a) The transitional job may not displace any existing employee, or result in
filling a job from which an employee was recently terminated, or involve the transitional job worker in a labor dispute;
(b) The transitional job must pay at least the applicable minimum wage, and
the wage may be increased with funds provided by the host site or a third party;
(c) The transitional job must provide no fewer than eight hours of work per
week of transitional job work and may provide up to forty hours of work per week of transitional job work;
(d) Each transitional job may provide up to thirty total weeks of transitional
job work, not to exceed three placements as a transitional job worker with up to three host sites; except that, subject to guidelines provided by the state department, a local agency contractor may offer and provide an individual who remains eligible for a transitional job additional weeks of transitional job work; and
(e) The individual employed in a transitional job must demonstrate that he or
she is actively seeking employment utilizing the public workforce system.
(4) The transitional jobs program must operate throughout Colorado, but,
based on the availability of funding, the state department may:
(a) Phase in the transitional jobs program in 2013 and 2014 or over a longer
time period as determined necessary by the state department; or
(b) Limit the transitional jobs programs to urban and rural counties
designated by the state department based on criteria relating to unemployment, poverty, and other factors that the state department identifies.
(5) The state department shall:
(a) Require data reporting and performance outcomes;
(b) Evaluate the outcomes of the transitional jobs program and present the
results of its evaluation in a timely and structured manner; and
(c) Rigorously monitor all contracts and ensure full compliance by all
contractors with their contractual obligations.
(6) The state department shall use a competitive request for proposal
process to select local agency contractors and shall negotiate contracts with the government or nonprofit or for-profit organizations that submit the strongest proposals.
(7) The state department may offer incentives to local agency contractors
for high performance.
(8) The state department shall:
(a) Determine the most effective and efficient process and mechanisms to
provide employer of record services;
(b) Establish standards and procedures for considering and approving the
applications of organizations that apply to function as employers of record; and
(c) Approve the applications of those organizations that apply to be
employers of record if the state department determines the organizations will meet all applicable standards in the most effective and efficient manner and at the lowest cost.
(9) An organization may submit an application to be an employer of record, a
local agency contractor, or both. The state department shall review and make decisions about the application of an organization to be an employer of record in the same manner, and using the same criteria, regardless of whether the organization previously never was, previously was, currently is, previously applied to be, or is currently applying to be a local agency contractor. The state department shall review and make decisions about the application of an organization to be a local agency contractor in the same manner, and using the same criteria, regardless of whether the organization never was, previously was, currently is, previously applied to be, or is currently applying to be an employer of record. An employer of record or a local agency contractor, consistent with criteria that the state department may establish, may also serve as a host site employer.
(10) The state department shall utilize any moneys for the transitional jobs
program in the following manner:
(a) Transitional jobs program moneys must be used to reimburse the
employer of record for the following wage-related costs for each individual who works in a transitional job:
(I) Wage costs equal to the number of hours of transitional jobs work
performed for and certified by a host-site employer times the agreed upon wage, which wage must be at least the applicable minimum wage but may be defined by the funding source; and
(II) All resulting payroll taxes, including the employer of record's share of
FICA taxes, medicare taxes, any applicable unemployment insurance taxes, and any applicable worker's compensation costs.
(b) The host site or a third party may increase the wage per hour or other
compensation that an individual employed in a transitional job receives and shall be responsible for all wages, payroll tax, and other costs associated with the increase.
(c) Transitional jobs program moneys also shall be used to pay for:
(I) Administrative costs incurred by the state department, including
payments to employers of record; and
(II) Payments to competitively selected local contracting agencies, pursuant
to their contracts, for program and administrative costs actually incurred.
Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2099, � 1,
effective July 1. L. 2014: (1)(a) amended, (HB 14-1015), ch. 212, p. 791, � 1, effective August 6. L. 2016: (1)(a) amended, (HB 16-1290), ch. 191, p. 678, � 1, effective August 10. L. 2018: (1)(a) amended, (HB 18-1334), ch. 190, p. 1271, � 1, effective August 8. L. 2023: (1)(a) amended, (SB 23-226), ch. 91, p. 344, � 2, effective August 7.
C.R.S. § 26-2-1104
26-2-1104. Repeal. This part 11 is repealed, effective July 1, 2030.
Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2103, � 1,
effective July 1. L. 2016: Entire section amended, (HB 16-1290), ch. 191, p. 678, � 2, effective August 10. L. 2018: Entire section amended, (HB 18-1334), ch. 190, p. 1271, � 2, effective August 8. L. 2023: Entire section amended, (SB 23-226), ch. 91, p. 344, � 3, effective August 7.
ARTICLE 3
Protective Services
26-3-101 to 26-3-114. (Repealed)
Source: L. 91: Entire article repealed, p. 1784, � 16, effective July 1.
Editor's note: This article was numbered as article 6 of chapter 119 in C.R.S.
- For amendments to this article prior to its repeal in 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 3.1
Protective Services for Adults
at Risk of Mistreatment or Self-neglect
Editor's note: This article was added in 1983. This article was repealed and
reenacted in 1991, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following the relocated sections.
PART 1
PROTECTIVE SERVICES FOR AT-RISK ADULTS
26-3.1-101. Definitions. As used in this article 3.1, unless the context
otherwise requires:
(1) Abuse means any of the following acts or omissions committed against
an at-risk adult:
(a) The nonaccidental infliction of physical pain or injury, as demonstrated
by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation;
(b) Confinement or restraint that is unreasonable under generally accepted
caretaking standards; or
(c) Unlawful sexual behavior as defined in section 16-22-102 (9).
(1.5) At-risk adult means an individual eighteen years of age or older who is
susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs.
(1.7) CAPS means the Colorado adult protective services data system that
includes records of reports of mistreatment of at-risk adults.
(1.8) CAPS check means a check of the Colorado adult protective services
data system pursuant to section 26-3.1-111.
(2) Caretaker means a person who:
(a) Is responsible for the care of an at-risk adult as a result of a legal
relationship; or
(b) Has assumed responsibility for the care of an at-risk adult; or
(c) Is paid to provide care, services, or oversight of services to an at-risk
adult.
(2.3) (a) Caretaker neglect means neglect that occurs when adequate food,
clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or other treatment necessary for the health or safety of the at-risk adult is not secured for an at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk adult.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2.3),
the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, artificial nutrition and hydration, any medication or medical procedure or device, in accordance with any valid medical directive or order, or as described in a palliative plan of care, is not deemed caretaker neglect.
(c) As used in this subsection (2.3), medical directive or order includes a
medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.
(2.5) Clergy member means a priest; rabbi; duly ordained, commissioned, or
licensed minister of a church; member of a religious order; or recognized leader of any religious body.
(3) County department means a county or district department of human or
social services.
(3.5) Direct care means services and supports, including case management
services, protective services, physical care, mental health services, or any other service necessary for the at-risk adult's health, safety, or welfare.
(4) Exploitation means an act or omission that:
(a) Uses deception, harassment, intimidation, or undue influence to
permanently or temporarily deprive an at-risk adult of the use, benefit, or possession of any thing of value; or
(b) Employs the services of a third party for the profit or advantage of the
person or another person to the detriment of the at-risk adult; or
(c) Forces, compels, coerces, or entices an at-risk adult to perform services
for the profit or advantage of the person or another person against the will of the at-risk adult; or
(d) Misuses the property of an at-risk adult in a manner that adversely
affects the at-risk adult's ability to receive health care or health-care benefits or to pay bills for basic needs or obligations.
(5) Financial institution means a state or federal bank, savings bank,
savings and loan association or company, building and loan association, trust company, or credit union.
(5.5) Harmful act means an act committed against an at-risk adult by a
person with a relationship to the at-risk adult when such act is not defined as abuse, caretaker neglect, or exploitation but causes harm to the health, safety, or welfare of an at-risk adult.
(6) Least restrictive intervention means acquiring or providing services,
including protective services, for the shortest duration and to the minimum extent necessary to remedy or prevent situations of actual mistreatment or self-neglect.
(7) Mistreatment means:
(a) Abuse;
(b) Caretaker neglect;
(c) Exploitation; or
(d) A harmful act.
(e) Repealed.
(8) Repealed.
(9) Protective services means services provided by the state or political
subdivisions or agencies thereof in order to prevent the mistreatment or self-neglect of an at-risk adult. Such services include, but are not limited to: Providing casework services and arranging for, coordinating, delivering, where appropriate, and monitoring services, including medical care for physical or mental health needs; protection from mistreatment and self-neglect; assistance with application for public benefits; referral to community service providers; and initiation of probate proceedings.
(10) Self-neglect means an act or failure to act whereby an at-risk adult
substantially endangers his or her health, safety, welfare, or life by not seeking or obtaining services necessary to meet his or her essential human needs. Choice of lifestyle or living arrangements shall not, by itself, be evidence of self-neglect. Refusal of medical treatment, medications, devices, or procedures by an adult or on behalf of an adult by a duly authorized surrogate medical decision maker or in accordance with a valid medical directive or order, or as described in a palliative plan of care, shall not be deemed self-neglect. Refusal of food and water in the context of a life-limiting illness shall not, by itself, be evidence of self-neglect. As used in this subsection (10), medical directive or order includes, but is not limited to, a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical orders for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.
(11) Undue influence means the use of influence to take advantage of an at-risk adult's vulnerable state of mind, neediness, pain, or emotional distress.
Source: L. 91: Entire article R&RE, p. 1772, � 1, effective July 1. L. 2000: (4)(c)
amended, p. 1155, � 2, effective January 1, 2001. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 991, � 1, effective May 29. L. 2013: (2.3) and (2.5) added and (5) and (7)(b) amended, (SB 13-111), ch. 233, p. 1122, � 5, effective May 16. L. 2016: (1), (2), (2.3), (3), (4), and (7) amended and (1.5) and (11) added, (HB 16-1394), ch. 172, p. 555, � 9, effective July 1. L. 2017: IP amended and (1.7), (1.8), and (3.5) added, (HB 17-1284), ch. 272, p. 1496, � 1, effective May 31. L. 2020: (1)(c), (2)(a), IP(4), (4)(a), (4)(b), (6), (7)(c), (7)(d), and (9) amended, (5.5) added, and (7)(e) and (8) repealed, (HB 20-1302), ch. 265, p. 1268, � 1, effective September 14.
Editor's note: This section is similar to former � 26-3.1-101 as it existed prior
to 1991.
Cross references: For the legislative declaration in the 2013 act adding
subsections (2.3) and (2.5) and amending subsections (5) and (7)(b), see section 1 of chapter 233, Session Laws of Colorado 2013.
26-3.1-102. Reporting requirements. (1) (a) A person specified in subsection
(1)(b) of this section who observes the mistreatment or self-neglect of an at-risk adult or who has reasonable cause to believe that an at-risk adult has been mistreated or is self-neglecting or is at imminent risk of mistreatment or self-neglect is urged to report such fact to a county department not more than twenty-four hours after making the observation or discovery.
(a.5) As required by section 18-6.5-108, C.R.S., certain persons specified in
paragraph (b) of this subsection (1) who observe the mistreatment, as defined in section 18-6.5-102 (10.5), C.R.S., of an at-risk elder, as defined in section 18-6.5-102 (3), C.R.S., or an at-risk adult with IDD, as defined in section 18-6.5-102 (2.5), C.R.S., or who have reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment shall report such fact to a law enforcement agency not more than twenty-four hours after making the observation or discovery.
(b) The following persons, whether paid or unpaid, are urged to report as
described in subsection (1)(a) of this section:
(I) Any person providing health-care or health-care-related services
including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; or physical, occupational, musical, or other therapies;
(II) Hospital and long-term care facility personnel engaged in the admission,
care, or treatment of patients;
(III) First responders, including emergency medical service providers, fire
protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates;
(IV) Code enforcement officers;
(V) Medical examiners and coroners;
(VI) Veterinarians;
(VII) Psychologists, addiction counselors, professional counselors, marriage
and family therapists, and unlicensed psychotherapists, as those persons are defined in article 245 of title 12;
(VIII) Social workers, as defined in part 4 of article 245 of title 12;
(IX) Staff of case management agencies, as defined in section 25.5-6-1702;
(X) Staff, consultants, or independent contractors of service agencies, as
defined in section 25.5-10-202 (34), C.R.S.;
(XI) Staff or consultants for a licensed or unlicensed, certified or uncertified,
care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;
(XII) Caretakers, staff members, employees of, or consultants for, a home
care placement agency, as defined in section 25-27.5-102 (5), C.R.S.;
(XIII) Persons performing case management or assistant services for at-risk
adults;
(XIV) Staff of county departments of human or social services;
(XV) Staff of the state departments of human services, public health and
environment, or health care policy and financing;
(XVI) Staff of senior congregate centers or senior research or outreach
organizations;
(XVII) Staff, and staff of contracted providers, of area agencies on aging,
except the long-term care ombudsmen;
(XVIII) Employees, contractors, and volunteers operating specialized
transportation services for at-risk adults;
(XIX) Landlords and staff of housing and housing authority agencies for at-risk adults;
(XX) Court-appointed guardians and conservators;
(XXI) Personnel at schools serving persons in preschool through twelfth
grade;
(XXII) Clergy members; except that the reporting requirement described in
paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk adult has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and
(XXIII) Persons working in financial services industries, including banks,
savings and loan associations, credit unions, and other lending or financial institutions; accountants; mortgage brokers; life insurance agents; and financial planners.
(c) In addition to those persons urged by this subsection (1) to report known
or suspected mistreatment or self-neglect of an at-risk adult and circumstances or conditions that might reasonably result in mistreatment or self-neglect, any other person may report such known or suspected mistreatment or self-neglect and circumstances or conditions that might reasonably result in mistreatment or self-neglect of an at-risk adult to the local law enforcement agency or the county department. Upon receipt of such report, the receiving agency shall prepare a written report within twenty-four hours.
(2) Pursuant to subsection (1) of this section, the report must include:
(a) The name and address of the at-risk adult;
(b) The name and address of the at-risk adult's caretaker, if any;
(c) The age, if known, of the at-risk adult;
(d) The nature and extent of the at-risk adult's injury, if any;
(e) The nature and extent of the condition that will reasonably result in
mistreatment or self-neglect; and
(f) Any other pertinent information.
(3) A copy of the written report prepared by the county department in
accordance with subsections (1) and (2) of this section that includes an allegation of mistreatment must be forwarded within twenty-four hours after receipt of the report to a local law enforcement agency. A written report prepared by a local law enforcement agency must be forwarded within one business day of the receipt of the report to the county department.
(4) A person, including a person specified in subsection (1) of this section,
shall not knowingly make a false report of mistreatment or self-neglect to a county department or local law enforcement agency. Any person who willfully violates the provisions of this subsection (4) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, and shall be liable for damages proximately caused thereby.
(5) Any person, except a perpetrator, complicitor, or coconspirator, who
makes a report pursuant to this section shall be immune from any civil or criminal liability on account of such report, testimony, or participation in making such report, so long as such action was taken in good faith and not in reckless disregard of the truth or in violation of subsection (4) of this section.
(6) A person shall not take any discriminatory, disciplinary, or retaliatory
action against any person who, in good faith, makes a report or fails to make a report of suspected mistreatment or self-neglect of an at-risk adult.
(7) (a) Except as provided in subsection (7)(b) of this section, reports of the
mistreatment or self-neglect of an at-risk adult, including the name and address of any at-risk adult, member of said adult's family, or informant, or any other identifying information contained in such reports and subsequent cases resulting from the reports, is confidential and is not public information.
(b) Disclosure of a report of the mistreatment or self-neglect of an at-risk
adult and information relating to an investigation of such a report and subsequent cases resulting from the report is permitted only when authorized by a court for good cause. A court order is not required, and such disclosure is not prohibited, when:
(I) A criminal investigation into an allegation of mistreatment is being
conducted, when a review of death by a coroner is being conducted when the death is suspected to be related to mistreatment, or when a criminal complaint, information, or indictment is filed and the report and case information is relevant to the investigation, death review, complaint, or indictment;
(II) There is a death of a suspected at-risk adult from mistreatment or self-neglect and a law enforcement agency files a formal charge or a grand jury issues
an indictment in connection with the death;
(III) The disclosure is necessary for the coordination of multiple agencies'
joint investigation of a report or for the provision of protective services to an at-risk adult;
(IV) The disclosure is necessary for purposes of an audit of a county
department of human or social services pursuant to section 26-1-114.5;
(V) The disclosure is made for purposes of the appeals process relating to a
substantiated case of mistreatment of an at-risk adult pursuant to section 26-3.1-108 (2). The provisions of this subsection (7)(b)(V) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.
(VI) The disclosure is made by the state department to an employer, or to a
person or entity conducting employee screening on behalf of the employer, as part of a CAPS check pursuant to section 26-3.1-111 or by a county department pursuant to section 26-3.1-107.
(VII) The disclosure is made to the at-risk adult who is the subject of the
report, or if the at-risk adult is otherwise incompetent at the time of the request, to the guardian or guardian ad litem for the at-risk adult who is the subject of the report. The information disclosed pursuant to this subsection (7)(b)(VII) must not be disclosed until after the investigation is complete and must not include any identifying information related to the reporting party or any other appropriate persons. If the guardian is the substantiated perpetrator in a case of mistreatment of an at-risk adult, the disclosure must not be made without authorization by a court for good cause unless the disclosure is being made for the purposes of the guardian's appeal process described in subsection (7)(b)(V) of this section. If the court authorizes the release of information to a substantiated perpetrator, any protected or confidential information pursuant to federal or state law must not be disclosed.
(VIII) The disclosure is made to a county department that assesses or
provides protective services for children, when the information is necessary to adequately assess for safety and risk or to provide protective services for a child. The information disclosed pursuant to this subsection (7)(b)(VIII) is limited to information regarding prior or current referrals, assessments, investigations, or case information related to an at-risk adult or an alleged perpetrator. A county department that assesses or provides protective services for at-risk adults is similarly permitted to access information from a county department that assesses or provides protective services for children pursuant to section 19-1-307 (2)(x). The provisions of this subsection (7)(b)(VIII) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.
(IX) The disclosure is made to an employer required to request a CAPS check
pursuant to section 26-3.1-111 or to the state department agency that oversees the employer when the information is necessary to ensure the safety of other at-risk adults under the care of the employer. The information must be the minimum information necessary to ensure the safety of other at-risk adults under the care of the employer or oversight of the state department agency.
(X) The disclosure is made pursuant to section 26-3.1-111 (12) to a health
oversight agency, as defined in 42 CFR 164.501, within the department of regulatory agencies or a regulator, as defined in section 12-20-102 (14), within such a health oversight agency; and
(XI) The disclosure is made to the court pursuant to section 26-3.1-111 (3)(b)
and (8.5)(b).
(c) Any person who violates any provision of this subsection (7) commits a
civil infraction.
Source: L. 91: Entire article R&RE, p. 1774, � 1, effective July 1. L. 2004: (4)
amended, p. 275, � 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 994, � 1, effective May 29. L. 2013: (1)(a) and (1)(b) amended and (1)(a.5) added, (SB 13-111), ch. 233, p. 1123, � 6, effective May 16. L. 2014: (3) amended, (SB 14-098), ch. 103, p. 387, � 3, effective April 7. L. 2015: (7)(b)(II) and (7)(b)(III) amended and (7)(b)(IV) added, (HB 15-1370), ch. 324, p. 1326, � 5, effective June 5; (1)(a.5) amended, (SB 15-109), ch. 278, p. 1142, � 4, effective July 1, 2016. L. 2016: (1)(a), (1)(a.5), (1)(b), (1)(c), IP(2), (2)(e), (4), (6), (7)(a), IP(7)(b), and (7)(b)(II) amended, (HB 16-1394), ch. 172, p. 557, � 10, effective July 1. L. 2017: (7)(b) amended, (HB 17-1284), ch. 272, p. 1496, � 2, effective May 31. L. 2019: (7)(b)(III) and (7)(b)(V) amended and (7)(b)(VII) and (7)(b)(VIII) added, (HB 19-1063), ch. 46, p. 156, � 2, effective August 2; (7)(b)(VII) amended, (HB 19-1307), ch. 393, p. 3503, � 1, effective August 2; IP(1)(b), (1)(b)(VII), and (1)(b)(VIII) amended, (HB 19-1172), ch. 136, p. 1712, effective October 1. L. 2020: (1)(b)(VII) amended, (HB 20-1206), ch. 304, p. 1551, � 67, effective July 14; (1)(a), (1)(c), (3), (7)(a), IP(7)(b), and (7)(b)(I) amended and (7)(b)(IX) added, (HB 20-1302), ch. 265, p. 1269, � 2, effective September 14. L. 2021: (7)(b)(X) and (7)(b)(XI) added, (HB 21-1123), ch. 106, p. 423, � 1, effective September 7; (4) and (7)(c) amended, (SB 21-271), ch. 462, p. 3244, � 488, effective March 1, 2022; (1)(b)(IX) amended, (HB 21-1187), ch. 83, p. 346, � 51, effective July 1, 2024. L. 2023: (7)(b)(VII) amended, (SB 23-040), ch. 13, p. 39, � 2, effective January 1, 2024.
Editor's note: This section is similar to former � 26-3.1-104 as it existed prior
to 1991.
Cross references: (1) For the legislative declaration in the 2013 act
amending subsections (1)(a) and (1)(b) and adding subsection (1)(a.5), see section 1 of chapter 233, Session Laws of Colorado 2013.
(2) For the legislative declaration in HB 15-1370, see section 1 of chapter
324, Session Laws of Colorado 2015.
26-3.1-103. Evaluations - investigations - training - exception for counties
participating in alternative response program - rules. (1) The county department receiving a report of mistreatment or self-neglect of an at-risk adult shall immediately assess the reported level of risk. The immediate concern of the evaluation is the protection of the at-risk adult. The decision regarding the level of risk must, at a minimum, include a determination of a response time frame and whether the report meets the criteria for an investigation of the allegations, as set forth in state department rule. If a county department determines that an investigation is required, the county department is responsible for ensuring an investigation is conducted and arranging for the subsequent provision of protective services to be conducted by persons trained to conduct investigations and provide protective services.
(1.3) (a) Pursuant to state department rule, each employer as defined by
section 26-3.1-111 (7) shall provide, upon request of the county department, access to conduct an investigation into an allegation of mistreatment. Access must include the ability to request interviews with relevant persons and to obtain documents and other evidence and have access to:
(I) Patients who are the subject of the investigation into mistreatment of an
at-risk adult and patients who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;
(II) Personnel, including paid employees, contractors, volunteers, and interns,
who are relevant to the investigation;
(III) Clients or residents who are the subject of the investigation into
mistreatment of an at-risk adult and clients or residents who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;
(IV) Individual patient, resident, client, or consumer records, including
disclosure of health records or incident and investigative reports, care and behavioral plans, staff schedules and time sheets, and photos and other technological evidence; and
(V) The professional license number issued by the division of professions and
occupations in the department of regulatory agencies for a current or former employee who holds a health-care provider or health-care occupation license and who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult during the employee's professional duties.
(b) The county department and its employees shall comply with applicable
federal laws related to the privacy of information when requesting or obtaining documents pursuant to this subsection (1.3).
(c) County department staff conducting an investigation pursuant to this
section have the right to enter the premises of any employer as defined by section 26-3.1-111 (7) as necessary to complete a thorough investigation. County department staff shall identify themselves and the purpose of the investigation to the person in charge of the entity at the time of entry.
(d) Attorneys at law providing legal assistance to individuals pursuant to a
contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsman are exempt from the requirements of this section.
(1.4) Upon request of the county department, any person who holds a health-care provider or health-care occupation license issued by the division of professions
and occupations in the department of regulatory agencies and, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult while performing the person's professional duties shall provide the person's professional license number to the county department.
(1.5) The state department shall provide training to all current county
department adult protective services caseworkers and supervisors no later than July 1, 2018, and to new county department adult protective services caseworkers and supervisors hired after July 1, 2018, to achieve consistency in the performance of the following duties:
(a) Investigating reports of suspected mistreatment or self-neglect of at-risk
adults and making findings concerning cases and alleged perpetrators;
(b) Notifying a person who has been substantiated in a case of mistreatment
of an at-risk adult of the finding and of the person's right to appeal the finding to the state department;
(c) Assessing the client's strengths and needs and developing a plan for the
provision of protective services;
(d) Determining the appropriateness of case closure;
(e) Entering accurate and complete documentation of the report and
subsequent casework into CAPS; and
(f) Maintaining confidentiality in accordance with state law.
(2) Each county department, law enforcement agency, district attorney's
office, and other agency responsible under federal law or the laws of this state to investigate mistreatment or self-neglect of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies. The focus of such agreements is to ensure the best protection for at-risk adults. The agreements must provide for special requests by one agency for assistance from another agency and for joint investigations. The agreements must further provide that each agency maintain the confidentiality of the information exchanged pursuant to such joint investigations.
(3) Each county or contiguous group of counties in the state in which a
minimum number of reports of mistreatment or self-neglect of at-risk adults are annually filed shall establish an at-risk adult protection team. The state board shall promulgate rules to specify the minimum number of reports that will require the establishment of an adult at-risk protection team. The at-risk adult protection team shall review the processes used to report and investigate mistreatment or self-neglect of at-risk adults, review the provision of protective services for such adults, facilitate interagency cooperation, and provide community education on the mistreatment and self-neglect of at-risk adults. The director of each county department shall create or coordinate a protection team for the respective county in accordance with rules adopted by the state board of human services. The state board rules shall govern the establishment, composition, and duties of the team and must be consistent with this subsection (3).
(4) Repealed.
Source: L. 91: Entire article R&RE, p. 1776, � 1, effective July 1. L. 94: (3)
amended, p. 2704, � 265, effective July 1. L. 2007: (3) amended, p. 1014, � 1, effective May 22. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 996, � 1, effective May 29. L. 2013: (4) repealed, (SB 13-111), ch. 233, p. 1127, � 15, effective May 16. L. 2016: (1), (2), and (3) amended, (HB 16-1394), ch. 172, p. 560, � 11, effective July 1. L. 2017: (1.5) added, (HB 17-1284), ch. 272, p. 1497, � 3, effective May 31. L. 2020: (1) amended and (1.3) added, (HB 20-1302), ch. 265, p. 1270, � 3, effective September 14. L. 2021: (1) amended, (SB 21-118), ch. 253, p. 1489, � 1, effective June 17; (1.3)(a)(III) and (1.3)(a)(IV) amended and (1.3)(a)(V) and (1.4) added, (HB 21-1123), ch. 106, p. 423, � 2, effective September 7.
Editor's note: Subsections (1), (2), and (3) were enacted as subsections (1)(a),
(1)(b), and (1)(c), respectively, by Senate Bill 91-84, Session Laws of Colorado 1991, chapter 288, section 1, but have been renumbered on revision for ease of location.
Cross references: For the legislative declaration contained in the 1994 act
amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2013 act repealing subsection (4), see section 1 of chapter 233, Session Laws of Colorado 2013.
26-3.1-103.3. Alternative response pilot program for the provision of
protective services for at-risk adults - creation - report - rules - repeal. (1) On or after January 1, 2022, the alternative response pilot program for the provision of protective services for at-risk adults, referred to in this section as the pilot, is created in the state department. The pilot allows a county department that is participating in the pilot, pursuant to this section and rules promulgated by the state department, to address, through a separate process from that set forth in section 26-3.1-103, any report, related to an at-risk adult, of mistreatment or self-neglect that was initially assessed by the county department to be low risk, as defined by rule.
(2) The state department shall select a maximum of fifteen county
departments to participate in the pilot. The state department is strongly encouraged to include county departments from throughout the state, including a diverse mix of urban, suburban, frontier, and rural.
(3) (a) If a participating county department receives a report, related to an
at-risk adult, of mistreatment or self-neglect, that was initially assessed by the county department to be low risk, as defined by rule of the state department, the participating county will not make a finding concerning the alleged mistreatment or self-neglect of the at-risk adult, nor is it required to complete unannounced initial in-person interviews.
(b) If, upon further investigation, the participating county department
determines that the risk level to the at-risk adult is, in fact, more than low risk, or when the participating county department cannot fully assess, through the pilot process, the health, safety, and welfare of the at-risk adult or other at-risk adults, the participating county department shall follow the procedures set forth in section 26-3.1-103.
(4) The state department shall provide initial training and ongoing technical
assistance to the participating county departments upon implementation of the pilot. The state department shall administer the pilot in accordance with the requirements of this section and any rules promulgated pursuant to this section.
(5) The state department shall promulgate rules for the implementation of
this section. The rules must include, at a minimum, a description of the risk levels and the parameters around unannounced in-person interviews.
(6) The state department is authorized to seek, accept, and expend gifts,
grants, or donations from private or public sources for the purposes of this section.
(7) (a) The state department shall contract with a third-party evaluator to
evaluate the pilot's success or failure, including a consideration of the pilot's effectiveness in achieving outcomes over a two-year period.
(b) As necessary to conduct the evaluation and complete the reports
required pursuant to this subsection (7), each participating county department shall submit to the state department a report concerning the participating county department's administration and utilization of the pilot. The report must include relevant data from the participating county as required by the state department to evaluate the pilot and to prepare its report to the general assembly pursuant to subsection (7)(c) of this section.
(c) In January 2025 and January 2026, the state department shall report on
the implementation and effect of the pilot to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203. The report must include, at a minimum:
(I) A description of any specific problems that the state department or any
participating county department encountered during the administration of the pilot, along with recommendations that the state department has for legislation to address such problems; and
(II) A recommendation by the state department regarding whether the
general assembly should repeal the pilot, continue the pilot for a specified time period, or establish the pilot statewide on a permanent basis.
(8) This section is repealed, effective July 1, 2027.
Source: L. 2021: Entire section added, (SB 21-118), ch. 253, p. 1489, � 2,
effective June 17.
26-3.1-104. Provision of protective services for at-risk adults - consent -
nonconsent - least restrictive intervention. (1) If a county director or his or her designee determines that an at-risk adult is being mistreated or self-neglected, or is at risk thereof, and the at-risk adult consents to protective services, the county director or designee shall immediately provide or arrange for the provision of protective services, which services shall be provided in accordance with the provisions of 28 CFR part 35, subpart B.
(2) If a county director or his or her designee determines that an at-risk adult
is being or has been mistreated or self-neglected, or is at risk thereof, and if the at-risk adult appears to lack capacity to make decisions and does not consent to the receipt of protective services, the county director is urged, if no other appropriate person is able or willing, to petition the court, pursuant to part 3 of article 14 of title 15, C.R.S., for an order authorizing the provision of specific protective services and for the appointment of a guardian, for an order authorizing the appointment of a conservator pursuant to part 4 of article 14 of title 15, C.R.S., or for a court order providing for any combination of these actions.
(3) Any protective services provided pursuant to this section shall include
only those services constituting the least restrictive intervention.
Source: L. 91: Entire article R&RE, p. 1777, � 1, effective July 1. L. 2012: Entire
part amended, (SB 12-078), ch. 226, p. 997, � 1, effective May 29. L. 2016: (1) and (2) amended, (HB 16-1394), ch. 172, p. 561, � 12, effective July 1.
Editor's note: This section is similar to former �� 26-3.1-102 and 26-3.1-103 as
they existed prior to 1991.
26-3.1-105. Prior consent form. (Repealed)
Source: L. 91: Entire article R&RE, p. 1777, � 1, effective July 1. L. 2012: Entire
part amended, (SB 12-078), ch. 226, p. 997, � 1, effective May 29. L. 2013: Entire section repealed, (SB 13-111), ch. 233, p. 1128, � 16, effective May 16.
Editor's note: This section was similar to former � 26-3.1-206 as it existed
prior to 2012.
Cross references: For the legislative declaration in the 2013 act repealing
this section, see section 1 of chapter 233, Session Laws of Colorado 2013.
26-3.1-106. Training. The general assembly strongly encourages training
that focuses on detecting circumstances or conditions that might reasonably result in mistreatment or self-neglect of an at-risk adult for those persons who are urged by section 26-3.1-102 (1) to report known or suspected mistreatment or self-neglect of an at-risk adult.
Source: L. 91: Entire article R&RE, p. 1777, � 1, effective July 1. L. 2012: Entire
part amended, (SB 12-078), ch. 226, p. 997, � 1, effective May 29. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 562, � 13, effective July 1.
Editor's note: This section is similar to former � 26-3.1-207 as it existed prior
to 2012.
26-3.1-107. Background check - adult protective services data system
check. (1) Each county department shall require each protective services employee hired on or after May 29, 2012, to complete a fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The employee shall pay the cost of the fingerprint-based criminal history record check unless the county department chooses to pay the cost. Upon completion of the fingerprint-based criminal history record check, the Colorado bureau of investigation shall forward the results to the county department. The county department shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant or an employee when the results of a fingerprint-based criminal history record check performed pursuant to this section reveal a record of arrest without a disposition.
(2) For each adult protective services employee hired on or after January 1,
2019, each county department shall conduct a CAPS check to determine if the person is substantiated in a case of mistreatment of an at-risk adult. The county department shall conduct the CAPS check pursuant to state department rules.
Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, � 1,
effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 272, p. 1498, � 4, effective May 31. L. 2019: (1) amended, (HB 19-1166), ch. 125, p. 554, � 42, effective April 18. L. 2022: (1) amended, (HB 22-1270), ch. 114, p. 529, � 45, effective April 21.
26-3.1-108. Notice of report - appeals - rules. (1) The state department shall
promulgate appropriate rules for the implementation of this article 3.1.
(2) In addition to rules promulgated pursuant to subsection (1) of this section,
the state department shall promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. At a minimum, the rules promulgated pursuant to this subsection (2) must address the following:
(a) The process by which a person who is substantiated in a case of
mistreatment of an at-risk adult receives adequate and timely written notice from the county department of that finding and of his or her right to appeal the finding to the state department;
(b) The effective date of the notification of finding and appeal process;
(c) A requirement for and procedures to facilitate the expungement of and
prevention of the release of any information contained in CAPS records for purposes of a CAPS check related to a person who is substantiated in a case of mistreatment of an at-risk adult that existed prior to July 1, 2018; except that the state department and county departments may maintain such information in CAPS to assist in future risk and safety assessments.
(d) The timeline and process for appealing the finding of a substantiated
case of mistreatment of an at-risk adult;
(e) Designation of the entity other than the county department with the
authority to accept and respond to an appeal by a person substantiated in a case of mistreatment of an at-risk adult at each stage of the appellate process;
(f) The legal standards involved in the appellate process and a designation of
the party who bears the burden of establishing that each standard is met;
(g) The confidentiality requirements of the appeals process; and
(h) The process to share information about an appeal, including the appeal
outcome with a health oversight agency, as defined in 42 CFR 164.501, within the department of regulatory agencies or a regulator, as defined in section 12-20-102 (14), within such a health oversight agency, if the health oversight agency or its regulator requests information about an appeal for the purpose of a regulatory investigation conducted pursuant to section 12-20-401. Appeal information shared pursuant to this subsection (2)(h) is confidential and must be used only for the regulatory investigation.
(3) Repealed.
Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, � 1,
effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 272, p. 1498, � 5, effective May 31. L. 2020: IP(2) and (2)(c) amended and (3) repealed, (HB 20-1302), ch. 265, p. 1271, � 4, effective September 14. L. 2021: (2)(f) and (2)(g) amended and (2)(h) added, (HB 21-1123), ch. 106, p. 424, � 3, effective September 7.
Editor's note: This section is similar to former � 26-3.1-105 as it existed prior
to 2012.
26-3.1-109. Limitation. Nothing in this article 3.1 means that a person is
mistreated or self-neglecting or in need of emergency or protective services for the sole reason that he or she is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of that person's recognized church or religious denomination, nor does anything in this article 3.1 authorize, permit, or require any medical care or treatment in contravention of the stated or implied objection of such a person.
Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, � 1,
effective May 29. L. 2020: Entire section amended, (HB 20-1302), ch. 265, p. 1272, � 5, effective September 14.
Editor's note: This section is similar to former � 26-3.1-106 as it existed prior
to 2012.
26-3.1-110. Report concerning the implementation of mandatory reporting
of elder abuse and exploitation - repeal. (Repealed)
Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1125, � 7,
effective May 16.
Editor's note: Subsection (3) provided for the repeal of this section, effective
January 1, 2017. (See L. 2013, p. 1125.)
26-3.1-111. Access to CAPS - employment checks - conservatorship and
guardianship checks - confidentiality - fees - rules - legislative declaration - definitions. (1) The general assembly finds and declares that individuals receiving care and services from persons employed in programs or facilities described in subsection (7) of this section or from persons appointed to be a conservator or guardian of an at-risk adult are vulnerable to mistreatment, including abuse, neglect, and exploitation. It is the intent of the general assembly to minimize the potential for employment of, or appointment as conservators or guardians, persons with a history of mistreatment of at-risk adults in positions that would allow those persons unsupervised access to these adults. As a result, the general assembly finds it necessary to strengthen protections for vulnerable adults by requiring certain employers and the courts to request a CAPS check by the state department to determine if a person who will provide direct care to an at-risk adult or who may be appointed as a conservator or guardian for an at-risk adult has been substantiated in a case of mistreatment of an at-risk adult. The general assembly also finds that it is necessary to require that certain employers cooperate with, and provide access to, county departments during county investigations of mistreatment of at-risk adults pursuant to section 26-3.1-103 (1.3).
(2) As used in this section, unless the context otherwise requires:
(a) Employee means a person, other than a volunteer, who is employed by
or contracted with an employer, and includes a prospective employee.
(b) Employer means a person, facility, entity, or agency described in
subsection (7) of this section and includes a prospective employer. Employer also includes a person hiring someone to provide consumer-directed attendant support services pursuant to article 10 of title 25.5, if the person requests a CAPS check.
(c) Staffing agency means an individual or organization, including any
partnership, limited liability partnership, limited liability company, limited liability limited partnership, association, trust, joint stock company, insurance company, or corporation, whether domestic or foreign, engaged in the business of providing and assigning workers to placements with employers described in subsection (7) of this section. Staffing agency includes, but is not limited to, supplemental health-care staffing agencies defined in section 8-4-125 (1)(e).
(3) (a) Employer CAPS checks. The state department shall establish and
implement a state-level program for employers to obtain a CAPS check to determine if a person who will provide direct care to an at-risk adult is substantiated in a case of mistreatment of an at-risk adult. The state department's program must be operational for an employer CAPS check on and after January 1, 2019.
(b) Conservatorship and guardianship CAPS checks. Beginning January 1,
2022, the state department shall provide the courts the results of a CAPS check, upon the court's request and using forms approved by the state department, to determine if a person who may be appointed as a conservator or guardian of an at-risk adult is substantiated in a case of mistreatment of an at-risk adult. This subsection (3)(b) does not apply to office of public guardianship employees required to undergo a CAPS check pursuant to section 13-94-105 and subsection (7)(j) of this section, or adult protective services employees required to undergo a CAPS check pursuant to section 26-3.1-107 (2).
(4) The state department shall not release information relating to any person
during a CAPS check unless the person is substantiated in a case of mistreatment of an at-risk adult.
(5) The state department shall promulgate rules for the implementation of
this section, which rules must include the following:
(a) The employer process for requesting a CAPS check for an employee who
has an active application for employment for a position in which the person will provide direct care to an at-risk
C.R.S. § 26-2-140
26-2-140. Colorado diaper distribution program - diapering essentials - report - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Diaper distribution center means a community-based diaper bank or
distribution center operating in Colorado, a public health agency created pursuant to section 25-1-506, or a Colorado nonprofit organization with a minimum of three years' experience distributing baby or toddler products.
(b) Diapering essentials includes diapers, wipes, and diaper creams.
(c) Eligible individual means a parent, guardian, or family member of a child
who wears diapers and resides in Colorado.
(d) Program means the Colorado diaper distribution program created in
subsection (2) of this section.
(2) There is created in the state department the Colorado diaper distribution
program to provide diapering essentials to eligible individuals.
(3) (a) No later than thirty days after July 6, 2021, the state department shall
solicit interest and cost distribution proposals from diaper distribution centers to administer the program. Upon the state department's approval, the diaper distribution centers may subcontract money received pursuant to this section to their partners as necessary to serve eligible individuals. The selected diaper distribution centers must be operational no later than thirty days after entering into a contract with the state department. The selection process described in this subsection (3) is not subject to the Procurement Code, articles 101 to 112 of title 24.
(b) Notwithstanding the requirement in subsection (3)(a) of this section, the
selected diaper distribution centers may operate for not more than twelve months after which the state department must commence a selection process that complies with the Procurement Code, articles 101 to 112 of title 24.
(4) The state department may promulgate rules for the implementation of
this section.
(5) For the 2021-22 state fiscal year, the state department shall submit a
preliminary report, and beginning in state fiscal year 2022-23, and each fiscal year thereafter, the state department shall report to the public through the annual hearing, pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2. At a minimum, the report must include:
(a) The total number of diaper distribution centers contracted with the state
department pursuant to subsection (3) of this section, including any subcontractors;
(b) The total amount of money awarded to each diaper distribution center;
(c) The location of each diaper distribution center and the counties served;
and
(d) The total number of eligible individuals who received diapering essentials
each year, disaggregated by each month.
(6) For state fiscal year 2021-22, the general assembly shall appropriate two
million dollars from the general fund to the state department for use by the diaper distribution centers for the implementation of this section. The state department may use up to one hundred thousand dollars or seven and a half percent of any money appropriated by the general assembly for administrative costs incurred by the state department pursuant to this section.
Source: L. 2021: Entire section added, (SB 21-027), ch. 431, p. 2850, � 2,
effective July 6.
Cross references: For the legislative declaration in SB 21-027, see section 1
of chapter 431, Session Laws of Colorado 2021.
C.R.S. § 26-2-142
26-2-142. Colorado teen parent driver's license program - report - rules - definitions - appropriation. (1) As used in this section, unless the context otherwise requires:
(a) Eligible individual means an individual who is:
(I) Fifteen years of age or older and under twenty years of age; and
(II) A parent.
(b) Program means the teen parent driver's license program created in
subsection (2) of this section.
(2) There is created in the state department the Colorado teen parent
driver's license program to provide financial assistance for the cost of driver's education school training for eligible individuals and the cost to obtain a driver's license or permit.
(3) (a) The state department shall solicit interest and cost distribution
proposals from teen parent organizations to administer the program. Upon the state department's approval, the teen parent organizations may subcontract with and pay money received pursuant to this section to the providers of the services as necessary to serve eligible individuals. The selected teen parent organizations must be operational no later than thirty days after entering into a contract with the state department.
(b) For purposes of selecting a teen parent organization before July 1, 2023,
to administer the program, the selection process described in subsection (3)(a) of this section is not subject to the Procurement Code, articles 101 to 112 of title 24. For purposes of selecting a teen parent organization on or after July 1, 2023, the state department shall commence a selection process that complies with the Procurement Code, articles 101 to 112 of title 24.
(4) The state department may promulgate rules for the implementation of
this section.
(5) For the 2022-23 state fiscal year, the state department shall submit a
preliminary report, and beginning in state fiscal year 2023-24 and each fiscal year thereafter, shall report to the public through the annual hearing pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2. At a minimum, the report must include:
(a) The total number of teen parent organizations contracted with the state
department pursuant to subsection (3) of this section, including any subcontractors;
(b) The total amount of money awarded to each teen parent organization;
(c) The location of each teen parent organization and the counties served;
(d) The total number of eligible individuals who received driver's licenses
each year, disaggregated by each month; and
(e) The total number of eligible individuals who received training from a
driver's education school, disaggregated by each month.
(6) (a) For state fiscal year 2022-23, the general assembly shall appropriate
one hundred thousand dollars from the general fund to the state department for use by the state department to implement this section. For the 2023-24 state fiscal year and each state fiscal year thereafter, the general assembly may appropriate money from the general fund to the state department for use by the state department to implement this section.
(b) The state department may use up to seven and one-half percent of any
money appropriated by the general assembly for administrative costs incurred by the state department pursuant to this section.
Source: L. 2022: Entire section added, (HB 22-1042), ch. 283, p. 2033, � 1,
effective May 31.
C.R.S. § 26-2-707.5
26-2-707.5. Community resources investment assistance. (1) A county department may use county block grant moneys to invest in the development of community resources that support the purposes of the federal Personal Responsibility and Work Opportunity Reconciliation Act, Public Law 104-193, and that are designed to assist eligible applicants or participants under section 26-2-706 or 26-2-706.6. An eligible applicant or participant may receive benefits or services from such a community resource without completing an application pursuant to section 26-2-106 or an individual responsibility contract pursuant to section 26-2-708 (2). However, nothing in this subsection (1) precludes a county department from requiring such applications and individual responsibility contracts in a county's individual contracting procedures established pursuant to subsection (2) of this section.
(2) The state board shall establish standards and procedures through rules
for the use of county block grant moneys pursuant to this section including but not limited to the contracting procedures counties must follow to ensure that funds are being spent to support TANF-eligible applicants or participants. Such contracting procedures shall include a requirement that a county's contract with a provider shall specify the approximate number of applicants or participants to be served by the provider. Counties shall also be required to adopt official written policies as referenced in section 26-2-716 (2.5) regarding the types of community resources in which counties are investing, the purposes of such community resource investments, the income eligibility standards, and the county's dispute resolution processes.
(3) A county that uses county block grant moneys pursuant to this section
shall use all moneys in accordance with all applicable federal and state statutes and regulations.
(4) A county shall not be authorized to use funds pursuant to this section for
the purpose of supplanting funds.
(5) Nothing in this section shall preclude a household from applying for and
receiving basic cash assistance.
Source: L. 2001: Entire section added, p. 660, � 1, effective May 30. L. 2008:
(1) amended, p. 1957, � 8, effective January 1, 2009.
C.R.S. § 26-2-719
26-2-719. Private contracting. The state department and any county department are authorized to award contracts for the administration, implementation, or operation of any aspect of the works program to any appropriate public, private, or nonprofit entity in accordance with applicable county regulations, federal law, and the provisions of the state procurement code, articles 101 to 112 of title 24, C.R.S.
Source: L. 97: Entire part added, p. 1215, � 1, effective June 3. L. 2008: Entire
section amended, p. 1972, � 20, effective January 1, 2009.
C.R.S. § 26-21-103.5
26-21-103.5. Communication services for people with disabilities enterprise - created - board of directors - membership - fees imposed - repeal. (1) (a) Effective June 30, 2025, the communication services for people with disabilities enterprise is created in the state department for the business purposes of:
(I) Coordinating the provision of, and access to, efficient and effective
services and resources for individuals who have communication needs related to their disabilities, including funding the division's duties, as described in section 26-21-106;
(II) Imposing a telephone disability access surcharge on service users, as
defined in section 40-17-101 (9), in consultation with the public utilities commission, in an amount not to exceed fifteen cents per month per telephone access line, as defined in section 40-17-101 (10). The amount of the surcharge shall be reviewed and may be adjusted once per year. The amount of the surcharge, in combination with the prepaid telephone disability access charge, shall be set at a rate reasonably related to the overall cost of providing the services described in this subsection (1)(a). The amount of the surcharge imposed per telephone access line must be uniform, regardless of the technology used to provide the telephone access line.
(III) Beginning January 1, 2026, imposing a prepaid telephone disability
access charge on each retail transaction, as defined in section 40-17-101 (6), in an amount to be established annually by the enterprise, in consultation with the public utilities commission, but not to exceed fifteen cents per each retail transaction in which prepaid wireless service is purchased in Colorado. The amount of the charge shall be reviewed and may be adjusted on July 1, 2026, and on each July 1 thereafter. The enterprise shall notify the department of revenue of any change made to the amount of the charge no later than May 15 of the year preceding the year in which the amount change will become effective. The amount of the charge, in combination with the telephone disability access surcharge, shall be set at a rate reasonably related to the overall cost of providing the services described in this subsection (1)(a).
(IV) In consultation with the public utilities commission and the department
of education, once per year, if needed, adjusting the percentage of the telephone disability access surcharge and the prepaid telephone disability access charge to be used for the Colorado division for the deaf, hard of hearing, and deafblind cash fund and the reading services for the blind cash fund created in section 24-90-105.5 and by the state librarian for the talking book library within the department of education.
(b) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution, so long as the enterprise retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (1)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) The board shall administer the enterprise in accordance with this section.
(d) The enterprise may issue revenue bonds to pay for the expenses of the
enterprise, which bonds are secured by revenue of the enterprise.
(e) The enterprise may engage the services of contractors and consultants
for professional and technical assistance and to supply other services related to the conduct of the affairs of the enterprise, without regard to the Procurement Code, articles 101 to 112 of title 24. The enterprise shall engage the attorney general's office for legal services. The state department may provide office space and staff to the enterprise pursuant to a fair market rate contract entered into pursuant to this subsection (1)(e).
(f) The enterprise shall not increase the amounts of the telephone disability
access surcharge or the prepaid telephone disability access charge in an amount that causes the cumulatively collected fees to exceed one hundred million dollars in the first five years of the enterprise's existence.
(2) (a) (I) The enterprise shall be governed by a board of directors appointed
by the governor. The board must not exceed seven members and must always consist of an odd number of members.
(II) Members of the board serve three-year terms; except that the terms shall
be staggered so that no more than three members' terms expire in the same year. The governor shall not appoint a member for more than two consecutive terms.
(III) Board members do not receive compensation for performing official
duties of the board but may receive a per diem or reimbursement for travel and other reasonable and necessary expenses for performing official duties of the board. The per diem or reimbursement is paid from the fund.
(b) (I) The governor shall appoint members of the board on or before June 30,
2025.
(II) This subsection (2)(b) is repealed, effective July 1, 2026.
(c) (I) The governor shall call the first meeting of the board on or before
October 1, 2025.
(II) This subsection (2)(c) is repealed, effective July 1, 2026.
Source: L. 2025: Entire section added, (HB 25-1154), ch. 230, p. 1067, � 4,
effective May 22.
C.R.S. § 26-5-115
26-5-115. Acquisition of driver's licenses by individuals in foster care - immunity from liability - rules. (1) On and after September 7, 2021, in addition to any other reimbursement for child welfare services described in this article 5, the state department shall reimburse a county department for costs paid by the county department to a public or private driving school for the provision of driving instruction to an individual in the custody of the county department who is fifteen years of age or older and under twenty-one years of age.
(2) The state department may seek and accept gifts, grants, and donations
from private or public sources for the purposes of this section; except that the state department may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this section or any other law of the state.
(3) (a) Nothing in this section places any liability on a county department for:
(I) Contracting with a public or private driving school to provide driving
instruction to an individual who is in the custody of the county department; or
(II) An injury alleged to have occurred while an individual in the custody of
the county department received driving instruction from a public or private driving school.
(b) Nothing in this section waives or limits a county department's
governmental immunity, as described in article 10 of title 24.
(4) On or before December 1, 2021, the state board shall promulgate rules for
the administration of this section.
Source: L. 2021: Entire section added, (HB 21-1084), ch. 203, p. 1068, � 1,
effective September 7.
C.R.S. § 26-6-903
26-6-903. Definitions. As used in this part 9, unless the context otherwise requires:
(1) Affiliate of a licensee means:
(a) A person or entity that owns more than five percent of the ownership
interest in the business operated by the licensee or the applicant for a license; or
(b) A person who is directly responsible for the care and welfare of children
served; or
(c) An executive, officer, member of the governing board, or employee of a
licensee; or
(d) A relative of a licensee, which relative provides care to children at the
licensee's facility or agency or is otherwise involved in the management or operations of the licensee's facility or agency.
(2) Application means a declaration of intent to obtain or continue a license
or certificate for a residential or day treatment child care facility or child placement agency.
(3) Certificate means a legal document granting permission to operate a
foster care home or a kinship foster care home.
(4) Certification means the process by which a county department of
human or social services, a child placement agency, or a federally recognized tribe pursuant to applicable federal law approves the operation of a foster care home or a kinship foster care home.
(5) Child care center means a facility, by whatever name known, that is
maintained for twenty-four-hour care for five or more children, unless otherwise specified in this subsection (5), who are not related to the owner, operator, or manager of the facility, whether the facility is operated with or without compensation for such care and with or without stated educational purposes. The term includes, but is not limited to, facilities commonly known as residential child care facilities, day treatment facilities, specialized group facilities, secure residential treatment centers, and respite child care facilities.
(6) Child placement agency or agency means a corporation, partnership,
association, firm, agency, institution, or person unrelated to the child being placed, who places, facilitates placement for a fee, or arranges for placement for care of a child under eighteen years of age with a family, person, or institution. A child placement agency may place, facilitate placement, or arrange for the placement of a child for the purpose of adoption, foster care, treatment foster care, or therapeutic foster care. The natural parents or guardian of a child who place the child for care with a facility licensed as a family child care home or child care center, as defined in section 26.5-5-303, are not a child placement agency.
(7) Cradle care home means a facility that is certified by a child placement
agency for the care of a child, or children in the case of multiple-birth siblings, who is twelve months of age or younger, in a place of residence for the purpose of providing twenty-four-hour family care for six months or less in anticipation of a voluntary relinquishment of the child or children, pursuant to article 5 of title 19, or while a county prepares an expedited permanency plan for an infant in its custody.
(8) (a) (I) Day treatment center means a facility that:
(A) Except as provided in subsection (8)(a)(II) of this section, provides less
than twenty-four-hour care for groups of five or more children who are three years of age or older, but less than twenty-one years of age; and
(B) Provides a structured program of various types of psycho-social and
behavioral treatment to prevent or reduce the need for placement of the child out of the home or community.
(II) Nothing in this subsection (8) prohibits a day treatment center from
allowing a person who reaches twenty-one years of age after the commencement of an academic year from attending an educational program at the day treatment center through the end of the semester in which the twenty-first birthday occurs or until the person completes the educational program, whichever comes first.
(b) Day treatment center does not include special education programs
operated by a public or private school system or programs that are licensed by the department of early childhood for less than twenty-four-hour care of children, such as a child care center.
(9) Department or state department means the state department of
human services.
(10) Foster care home means a home that is certified by a county
department or a child placement agency pursuant to section 26-6-910, or a federally recognized tribe pursuant to applicable federal law, for child care in a place of residence of a family or person for the purpose of providing twenty-four-hour family foster care for a child or youth less than twenty-one years of age. A foster care home may include foster care for a child or youth who is unrelated to the head of the home. The term includes a foster care home that receives a child for regular twenty-four-hour care and a home that receives a child or youth from a state-operated institution for child care or from a child placement agency. Foster care home also includes those homes licensed by the department pursuant to section 26-6-905 that receive neither money from the counties nor children or youth placed by the counties.
(11) Governing body means the individual, partnership, corporation, or
association in which the ultimate authority and legal responsibility is vested for the administration and operation of a residential or day treatment child care facility or a child placement agency.
(12) Guardian means a person who is entrusted by law with the care of a
child under eighteen years of age.
(13) Homeless youth shelter means a facility that, in addition to other
services it may provide, provides services and mass temporary shelter for a period of three days or more to youths who are at least eleven years of age or older and who otherwise are homeless youth as that term is defined in section 26-5.7-102 (2).
(14) ICON means the computerized database of court records known as the
integrated Colorado online network used by the state judicial department.
(15) Kin means a relative of the child, a person ascribed by the family as
having a family-like relationship with the child, or a person that has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.
(16) Kinship foster care home means a kinship foster care home that has
been certified pursuant to section 26-6-910 to care for a relative or kin only. A kinship foster care home provides twenty-four-hour foster care for a child or youth who is a relative or kin, who is less than twenty-one years of age, and who is eligible for the same foster care reimbursement, assistance, and other supports as foster care homes pursuant to section 26-6-904.5. Kinship foster care home does not include non-certified kinship care as that term is defined in subsection (21.5) of this section.
(17) License means a legal document issued pursuant to this part 9
granting permission to operate a residential or day treatment child care facility or child placement agency. A license may be in the form of a provisional, probationary, permanent, or time-limited license.
(18) Licensee means the entity or individual to which a license is issued and
that has the legal capacity to enter into an agreement or contract, assume obligations, incur and pay debts, sue and be sued in its own right, and be held responsible for its actions. A licensee may be a governing body.
(19) Licensing means, except as otherwise provided in subsection (10) of
this section, the process by which the department approves a facility or agency for the purpose of conducting business as a residential or day treatment child care facility or child placement agency.
(20) Medical foster care means a program of foster care that provides
home-based care for medically fragile children and youth who would otherwise be confined to a hospital or institutional setting and includes, but is not limited to:
(a) Infants impacted by prenatal drug and alcohol abuse;
(b) Children with developmental disabilities that require ongoing medical
intervention;
(c) Children and youth diagnosed with acquired immune deficiency syndrome
or human immunodeficiency virus;
(d) Children with a failure to thrive or other nutritional disorders; and
(e) Children dependent on technology such as respirators, tracheotomy
tubes, or ventilators to survive.
(21) (a) Negative licensing action means a final agency action resulting in
the denial of an application, the imposition of fines, or the suspension or revocation of a license issued pursuant to this part 9 or the demotion of such a license to a probationary license.
(b) As used in this subsection (21), final agency action means the
determination made by the department, after the opportunity for a hearing, to deny, suspend, revoke, or demote to probationary status a license issued pursuant to this part 9 or an agreement between the department and the licensee concerning the demotion of such a license to a probationary license.
(21.5) Non-certified kinship care means kinship care that is provided to a
child or youth who is less than twenty-one years of age by a relative or kin who has a significant relationship with the child or youth and who has either chosen not to pursue the certification process or who has not met the certification requirements for a kinship foster care home as set forth in this part 9.
(22) Out-of-home placement provider consortium means a group of service
providers that are formally organized and managed to achieve the goals of the county, group of counties, or mental health agency contracting for additional services other than treatment-related or child maintenance services.
(23) Person means a corporation, partnership, association, firm, agency,
institution, or individual.
(24) Place of residence means the place or abode where a person actually
lives and provides child care.
(25) Qualified individual means a trained professional or licensed clinician,
as defined in the federal Family First Prevention Services Act. A qualified individual must be approved to serve as a qualified individual according to the state plan. A qualified individual must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth or making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.
(26) Qualified residential treatment program means a licensed and
accredited program that has a trauma-informed treatment model that is designed to address the child's or youth's needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal Family First Prevention Services Act, 42 U.S.C. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child or youth required in section 19-1-115 (4)(e)(I).
(27) Related means any of the following relationships by blood, marriage,
or adoption: Parent, grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle, aunt, niece, nephew, or cousin.
(28) Relative means any of the following relationships by blood, marriage,
or adoption: Parent, grandparent, son, daughter, grandson, granddaughter, brother, sister, stepparent, stepbrother, stepsister, stepson, stepdaughter, uncle, aunt, niece, nephew, or cousin.
(29) Residential child care facility means a facility licensed by the state
department pursuant to this part 9 to provide twenty-four-hour group care and treatment for five or more children operated under private, public, or nonprofit sponsorship. Residential child care facility includes community-based residential child care facilities; qualified residential treatment programs, as defined in section 26-5.4-102 (2); shelter facilities; and psychiatric residential treatment facilities as defined in section 25.5-4-103 (19.5). A residential child care facility may be eligible for designation by the executive director of the state department pursuant to article 65 of title 27. A child who is admitted to a residential child care facility must be:
(a) Five years of age or older but less than eighteen years of age; or
(b) Less than twenty-one years of age and placed by court order or voluntary
placement; or
(c) Accompanied by a parent if less than five years of age.
(30) Residential or day treatment child care facility or facility means a
residential child care facility, including a qualified residential treatment program, psychiatric residential treatment program, shelter care program, and homeless youth program; specialized group facility, including a group home and group center; day treatment center; secure residential treatment center; respite child care center; or homeless youth shelter, including a host family home.
(31) Respite child care center means a facility for the purpose of providing
temporary twenty-four-hour group care for three or more children or youth who are placed in certified foster care homes or approved noncertified kinship care homes, and children or youth with open cases through a regional accountable entity. A respite child care center is not a treatment facility, but rather its primary purpose is providing recreational activities, peer engagement, and skill development to the children and youth in its care. A respite child care center serves children and youth from five years of age to twenty-one years of age. A respite child care center may offer care for only part of a day. For purposes of this subsection (31), respite child care means an alternate form of care to enable caregivers to be temporarily relieved of caregiving responsibilities.
(32) Secure residential treatment center means a facility operated under
private ownership that is licensed by the department pursuant to this part 9 to provide twenty-four-hour group care and treatment in a secure setting for five or more children or persons up to the age of twenty-one years over whom the juvenile court retains jurisdiction pursuant to section 19-2.5-103 (6) who are committed by a court, pursuant to an adjudication of delinquency or pursuant to a determination of guilt of a delinquent act or having been convicted as an adult and sentenced for an act that would be a crime if committed in Colorado, or in the committing jurisdiction, to be placed in a secure facility. Secure residential treatment center does not include a state-owned psychiatric residential treatment facility as defined in subsection (34.5) of this section.
(33) Sibling means one or more individuals having one or both parents in
common.
(34) (a) Specialized group facility means a facility sponsored and
supervised by a county department or a licensed child placement agency for the purpose of providing twenty-four-hour care for three or more children, but fewer than twelve children, whose special needs can best be met through the medium of a small group. A child who is admitted to a specialized group facility must be:
(I) At least seven years of age or older but less than eighteen years of age;
(II) Less than twenty-one years of age and placed by court order or voluntary
placement; or
(III) Accompanied by a parent or legal guardian if less than seven years of
age.
(b) Specialized group facility includes specialized group homes and
specialized group centers.
(34.5) State-owned psychiatric residential treatment facility means a
psychiatric residential treatment facility, as defined in section 25.5-4-103, that is operated on state-owned property and may have a secure perimeter fence.
(35) Therapeutic foster care means a program of foster care that
incorporates treatment for the special physical, psychological, or emotional needs of a child placed with specially trained foster parents, but does not include medical foster care.
(36) Treatment foster care means a clinically effective alternative to a
residential treatment facility that combines the treatment technologies typically associated with more restrictive settings with a nurturing and individualized family environment.
Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 784, � 17,
effective July 1. L. 2024: (4), (10), and (16) amended and (21.5) added, (SB 24-008), ch. 289, p. 1933, � 7, effective September 1. L. 2025: (32) amended and (34.5) added, (HB 25-1172), ch. 155, p. 628, � 4, effective August 6.
C.R.S. § 26-6-905
26-6-905. Licenses - out-of-state notices and consent - demonstration pilot program - report - rules - definition. (1) (a) Except as otherwise provided in subsection (1)(b) of this section or elsewhere in this part 9, a person shall not operate a residential or day treatment child care facility or child placement agency without first being licensed by the state department to operate or maintain the facility or agency and paying the prescribed fee. Except as otherwise provided in subsection (1)(c) of this section, a license that the state department issues is permanent unless otherwise revoked or suspended pursuant to section 26-6-914.
(b) A person operating a foster care home or kinship foster care home is not
required to obtain a license from the state department to operate the foster care home or kinship foster care home if the person holds a certificate issued pursuant to section 26-6-910 to operate the home from a county department or a child placement agency licensed under the provisions of this part 9. A certificate is considered a license for the purpose of this part 9, including but not limited to the investigation and criminal history background checks required under sections 26-6-910 and 26-6-912.
(c) (I) On and after July 1, 2002, and contingent upon the timelines for
implementation of the computer trails enhancements, child placement agencies that certify foster care homes and kinship foster care homes must be licensed annually until the implementation of any risk-based schedule for the renewal of child placement agency licenses pursuant to subsection (1)(c)(II) of this section. The state board shall promulgate rules specifying the procedural requirements associated with the renewal of child placement agency licenses. The rules must include the requirement that the state department conduct assessments of the child placement agency.
(II) (A) On and after January 1, 2004, and upon the functionality of the
computer trails enhancements, the state department may implement a schedule for relicensing of child placement agencies that certify foster care homes and kinship foster care homes that is based on risk factors such that child placement agencies with low risk factors renew their licenses less frequently than child placement agencies with higher risk factors.
(B) Prior to January 1, 2004, and contingent upon the timelines for
implementation of the computer trails enhancements, the state department shall create classifications of child placement agency licenses that certify foster care homes and kinship foster care homes that are based on risk factors as those factors are established by rule of the state board.
(III) On and after July 1, 2021, all residential child care facilities must be
licensed annually. The state board shall promulgate rules specifying the procedural requirements associated with the license renewal for residential child care facilities. The rules must include a requirement that the state department conduct assessments of the residential child care facility.
(2) A person shall not receive or accept a child under eighteen years of age
for placement, or place a child either temporarily or permanently in a home, other than with persons related to the child, without first obtaining a license as a child placement agency from the department and paying the fee prescribed for the license.
(3) The department may issue a one-time provisional license for a period of
six months to an applicant for an original license for a foster care home, permitting the applicant to operate the foster care home if the applicant is temporarily unable to conform to all standards required under this part 9, upon proof by the applicant that the applicant is attempting to conform to the standards or to comply with any other requirements. The applicant has the right to appeal any standard that the applicant believes presents an undue hardship or has been applied too stringently by the department. Upon the filing of an appeal, the department shall proceed in the manner prescribed for licensee appeals in section 26-6-909 (4).
(4) The department shall not issue a license for a residential or day
treatment child care facility until the facilities that the applicant or licensee will operate or maintain are approved by the department of public health and environment as conforming to the sanitary standards prescribed by the department pursuant to section 25-1.5-101 (1)(h) and unless the facilities conform to fire prevention and protection requirements of local fire departments in the locality of the facility or, in lieu thereof, of the division of labor standards and statistics.
(5) A person shall not send or bring into this state a child for the purposes of
foster care or adoption without sending notice of the pending placement and receiving the consent of the department, or its designated agent, to the placement. The notice must contain:
(a) The name and the date and place of birth of the child;
(b) The identity and address or addresses of the parents or legal guardian;
(c) The identity and address of the person sending or bringing the child;
(d) The name and address of the person to or with whom the sending person
proposes to send, bring, or place the child;
(e) A full statement of the reasons for the proposed action and evidence of
the authority pursuant to which the placement is proposed to be made.
(6) The state board of human services shall establish rules for the approval
of foster care homes, kinship foster care homes, and child care centers that provide twenty-four-hour care of children between eighteen and twenty-one years of age for whom the county department is financially responsible and when placed in foster care or kinship foster care by the county department.
(7) On and after July 1, 2005, and subject to designation as a qualified
accrediting entity as required by the Intercountry Adoption Act of 2000, 42 U.S.C. sec. 14901 et seq., the state department may license and accredit a child placement agency for purposes of providing adoption services for conventional adoptions pursuant to the Intercountry Adoption Act of 2000, 42 U.S.C. sec. 14901 et seq. The state board of human services may adopt rules consistent with federal law governing the procedures for adverse actions regarding accreditation, which procedures may vary from the procedures set forth in the State Administrative Procedure Act, article 4 of title 24.
(8) (a) (I) The state department shall not issue a license to operate a
residential or day treatment child care facility or a child placement agency, and any license or certificate issued prior to August 7, 2006, is revoked or suspended if the applicant for the license or certificate, an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been convicted of:
(A) Child abuse, as specified in section 18-6-401;
(B) A crime of violence, as defined in section 18-1.3-406;
(C) Any offenses involving unlawful sexual behavior, as defined in section 16-22-102 (9);
(D) Any felony, the underlying factual basis of which has been found by the
court on the record to include an act of domestic violence, as defined in section 18-6-800.3;
(E) Any felony involving physical assault, battery, or a drug-related offense
within the five years preceding the date of application for a license or certificate;
(F) A pattern of misdemeanor convictions, as defined by rule of the state
board, within the ten years immediately preceding the date of submission of the application; or
(G) Any offense in any other state, the elements of which are substantially
similar to the elements of any one of the offenses described in subsections (8)(a)(I)(A) to (8)(a)(I)(F) of this section.
(II) As used in this subsection (8)(a), convicted means a conviction by a jury
or by a court and also includes a deferred judgment and sentence agreement, a deferred prosecution agreement, a deferred adjudication agreement, an adjudication, and a plea of guilty or nolo contendere.
(III) An applicant, licensee, or employee of the applicant or licensee who
meets the definition of a department employee or an independent contractor, as those terms are defined in section 27-90-111, or who works for a contracting agency, as defined in section 27-90-111, and who will have direct contact with vulnerable persons, as defined in section 27-90-111 (2)(e), is required to submit to a state and national fingerprint-based criminal history record check in the same manner as required pursuant to section 27-90-111 (9); except that the state department shall not bear the cost of the criminal history record check required by this subsection (8)(a)(III). The state department may also conduct a comparison search on the Colorado state courts public access system to determine the crime or crimes for which the individual having direct contact with vulnerable persons was arrested or convicted and the disposition of such crime or crimes. The criminal history record check required by this subsection (8)(a)(III) must be submitted to the state department prior to the individual having direct contact with vulnerable persons, and an applicant, licensee, or employee of an applicant or licensee must not be allowed to have direct contact with vulnerable persons if he or she does not meet the requirements set forth in this subsection (8) and in section 27-90-111 (9).
(b) The department shall determine the convictions identified in subsection
(8)(a) of this section according to the records of the Colorado bureau of investigation, the ICON system at the state judicial department, or any other source, as set forth in section 26-6-912 (1)(a)(II). A certified copy of the judgment of a court of competent jurisdiction of a conviction, deferred judgment and sentence agreement, deferred prosecution agreement, or deferred adjudication agreement is prima facie evidence of the conviction or agreement. A license or certificate to operate a residential or day treatment child care facility, foster care home, or child placement agency shall not be issued if the state department has a certified court order from another state indicating that the person applying for the license or certificate has been convicted of child abuse or any unlawful sexual offense against a child under a law of any other state or the United States or the state department has a certified court order from another state that the person applying for the license or certificate has entered into a deferred judgment or deferred prosecution agreement in another state as to child abuse or any sexual offense against a child.
(9) (a) No later than January 1, 2004, the state board shall promulgate rules
that require all current and prospective employees of a county department who in their position have direct contact with a child in the process of being placed or who has been placed in foster care to submit a set of fingerprints for purposes of obtaining a fingerprint-based criminal history record check, unless the person has already submitted a set of fingerprints. The check must be conducted in the same manner as provided in subsection (8) of this section and in section 26-6-912 (1)(a). The person's employment is conditional upon a satisfactory criminal background check and subject to the same grounds for denial or dismissal as set forth in subsection (8) of this section and in section 26-6-912 (1)(a). The costs for the fingerprint-based criminal history record check must be borne by the applicant.
(b) When the results of a fingerprint-based criminal history record check
performed pursuant to this subsection (9) reveal a record of arrest without a disposition, the state department shall require the person to submit to a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d). The costs for the name-based judicial record check must be borne by the applicant.
(10) The state department shall not issue a license to operate a residential or
day treatment child care facility, foster care home, or child placement agency if the person applying for the license or an affiliate of the applicant, a person employed by the applicant, or a person who resides with the applicant at the facility has been determined to be insane or mentally incompetent by a court of competent jurisdiction and, if the court enters, pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-110 (4) or 27-65-127, an order specifically finding that the mental incompetency or insanity is of such a degree that the applicant is incapable of operating a residential or day treatment child care facility, foster care home, or child placement agency, the record of such determination and entry of such order being conclusive evidence thereof.
(11) The state department is strongly encouraged to examine and report to
the general assembly on the benefits of licensing any private, nonprofit child placement agency that is dedicated to serving the special needs of foster care children through services delivered by specialized foster care parents in conjunction with and supported by staff of the child placement agency. The child placement agencies examined must be able to:
(a) Offer the following services:
(I) Provision of educated, skilled, and experienced foster care parents;
(II) Social work support for the foster care child and foster care family;
(III) Twenty-four-hour, on-call availability;
(IV) Monthly foster care parent support group meetings;
(V) Ongoing educational and networking opportunities for any foster care
family;
(VI) Individualized treatment plans developed through team collaboration;
(VII) Professional and family networking opportunities; and
(VIII) Respite support and reimbursement;
(b) Provide a form of specialized foster care including, but not limited to, the
following types of care:
(I) Medical foster care;
(II) Respite foster care;
(III) Therapeutic foster care;
(IV) Developmentally disabled foster care; and
(V) Treatment foster care.
(12) (a) The state department shall collaborate with the department of
education, the department of public health and environment, and the department of health care policy and financing to develop an interagency resource guide pursuant to section 22-2-410 to assist facilities to become licensed or authorized as approved facility schools and to recommend changes related to the interagency resource guide to the state department's statute, rule, or administrative procedures.
(b) The state department shall prominently post the interagency resource
guide created pursuant to subsection (12)(a) of this section on the department's website.
Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 790, � 17,
effective July 1. L. 2023: (12) added, (SB 23-219), ch. 88, p. 333, � 14, effective April 20; (10) amended, (HB 23-1301), ch. 303, p. 1832, � 54, effective August 7. L. 2024: (1)(b), (1)(c)(I), (1)(c)(II), and (6) amended, (SB 24-008), ch. 289, p. 1937, � 9, effective September 1.
C.R.S. § 26-6-912
26-6-912. Investigations and inspections - local authority - reports - rules. (1) (a) (I) (A) The state department shall investigate and pass on each application for issuance of a license, each application for a permanent or time-limited license following the issuance of a probationary or provisional license, and each application for renewal of a license to operate a facility or an agency prior to granting the license or renewal. As part of the investigation, the state department shall require each individual, including but not limited to the applicant, an owner, an employee, a newly hired employee, a licensee, and an adult who is eighteen years of age or older and resides in the licensed facility, to obtain a fingerprint-based criminal history record check by reviewing any record that is used to assist the state department in ascertaining whether the person being investigated has been convicted of any of the criminal offenses specified in section 26-6-905 (8) or any other felony. The state board shall promulgate rules that define and identify what the criminal history record check entails.
(B) Rules promulgated by the state board pursuant to this subsection (1)(a)(I)
must require the fingerprint-based criminal history record check in all circumstances, other than those identified in subsection (1)(a)(I)(C) of this section, to include a fingerprint-based criminal history record check using the records of the Colorado bureau of investigation and the federal bureau of investigation and to apply to any new owner, new applicant, newly hired employee, new licensee, or individual who begins residing in the licensed facility. As part of the investigation, the records and reports of child abuse or neglect maintained by the state department must be accessed to determine whether the owner, applicant, employee, newly hired employee, licensee, or individual who resides in the licensed facility being investigated has been found to be responsible in a confirmed report of child abuse or neglect. Information is made available pursuant to section 19-1-307 (2)(j) and rules promulgated by the state board pursuant to section 19-3-313.5 (4). Except as provided in subsection (1)(a)(I)(C) of this section, any change in ownership of a licensed facility or agency or addition of a new resident adult or newly hired employee to the licensed facility requires a new investigation as provided in this section.
(C) When two or more individually licensed facilities are wholly owned,
operated, and controlled by a common ownership group or school district, a fingerprint-based criminal history record check and a check of the records and reports of child abuse or neglect maintained by the department, completed for one of the licensed facilities of the common ownership group or school district pursuant to this section for an individual for whom the check is required pursuant to this part 9, may satisfy the record check requirement for any other licensed facility under the same common ownership group or school district. A new fingerprint-based criminal history record check or new check of the records and reports of child abuse or neglect maintained by the department is not required of such an individual if the common ownership group or school district maintains a central records management system for employees of all its licensed facilities; takes action as required pursuant to section 26-6-905 when informed of the results of a fingerprint-based criminal history record check or check of the records and reports of child abuse or neglect maintained by the department that requires action pursuant to this part 9; and informs the department whenever an additional licensed facility comes under or is no longer under its ownership or control.
(D) The state board shall promulgate rules to implement this subsection
(1)(a)(I).
(II) Rules promulgated by the state board pursuant to subsection (1)(a)(I) of
this section must also include:
(A) A comparison search on the ICON system at the state judicial department
with the name and date of birth information and any other available source of criminal history information that the state department determines is appropriate for each circumstance in which the Colorado bureau of investigation fingerprint check either does not confirm a criminal history or confirms a criminal history, in order to determine the crime or crimes for which the person was arrested or convicted and the disposition thereof;
(B) Any other recognized database that is accessible on a statewide basis as
set forth by rules promulgated by the state board; and
(C) When the results of an investigation performed pursuant to subsection
(1)(a)(I) of this section or this subsection (1)(a)(II) reveal a record of arrest without a disposition, a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(III) If the operator of a facility or agency refuses to hire an applicant as a
result of information disclosed in the investigation of the applicant pursuant to subsection (1)(a)(I) of this section, the facility or agency is not subject to civil liability for the refusal to hire. If a former employer of the applicant releases information requested by the facility or agency pertaining to the applicant's former performance, the former employer is not subject to civil liability for the information given.
(b) An applicant for certification as a foster care home or kinship foster care
home shall provide the child placement agency or the county department from which the certification is sought with a list of all the prior child placement agencies and county departments to which the applicant has previously applied, and a release of information from the child placement agencies and county departments to which the applicant has previously applied, to obtain information about the application and any certification given by the child placement agencies and county departments. A child placement agency or county department from which the certification is sought shall conduct a reference check of the applicant and any adult resident of the foster care home or kinship foster care home by contacting all of the child placement agencies and county departments identified by the applicant before issuing the certification for that foster care home or kinship foster care home. Child placement agencies and county departments are held harmless for information released, in good faith, to other child placement agencies or county departments.
(c) (I) For all applicants applying to be a foster care home or kinship foster
care home, regardless of reimbursement, the county department or child placement agency shall require each adult who is eighteen years of age or older and who resides in the home to obtain a fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation. The applicant must provide the county department or child placement agency with the addresses where the applicant and any adult residing in the home have lived in the preceding five years, including addresses from other states. The county department or the child placement agency shall conduct the following background checks of the applicant or an adult residing in the home:
(A) A fingerprint-based criminal history record check to determine if the
applicant or adult residing in the home has been convicted of any of the crimes listed in section 26-6-910 (5)(a);
(B) A check of the ICON system at the state judicial department to determine
the status or disposition of any pending criminal charges brought against the applicant or adult who resides in the home that were identified by the fingerprint-based criminal history record check through the Colorado bureau of investigation and the federal bureau of investigation;
(C) A check of the state department's automated database for information to
determine if the applicant or adult who resides in the home has been identified as having a finding of child abuse or neglect and whether the finding has been determined to present an unsafe placement for a child;
(D) A check against the state's sex offender registry and against the national
sex offender public registry operated by the United States department of justice that checks names and addresses in the registries and the interactive database system for Colorado to determine if the applicant or adult who resides in the home is a registered sex offender; and
(E) When the results of a fingerprint-based criminal history record check
performed pursuant to this subsection (1)(c)(I) reveal a record of arrest without a disposition, a name-based criminal history record check, as defined in section 22-2-119.3 (6)(d).
(II) In addition to the fingerprint-based criminal history record check, the
county department or child placement agency shall contact the appropriate entity in each state in which the applicant or any adult residing in the home has resided within the preceding five years to determine whether the individual has been found to be responsible in a confirmed report of child abuse or neglect.
(III) The screening request in Colorado for criminal history record checks
through the Colorado bureau of investigation and the federal bureau of investigation must be made pursuant to section 19-1-307 (2)(k.5), rules promulgated by the state board pursuant to section 19-3-313.5, and 42 U.S.C. sec. 671 (a)(20).
(IV) The department must conduct an investigation pursuant to this
subsection (1)(c) for any new resident adult whenever the adult is added to the foster care home or kinship care home. The department shall not use information obtained from state records of abuse or neglect for any purpose other than conducting the investigation for placement or certification.
(d) (I) When the state department, county department, or child placement
agency is able to certify that the applicant or licensee is competent and will operate adequate facilities to care for children pursuant to the requirements of this part 9 and that standards are being met and will be complied with, it shall issue the license for which the applicant or licensee applied. The state department shall inspect or cause to be inspected the facilities to be operated by an applicant for an original license before the license is granted and shall thereafter inspect or cause to be inspected the facilities of all licensees that, during the period of licensure, have been found to be the subject of complaints or to be out of compliance with the standards set forth in section 26-6-909 and the rules of the state department, or that otherwise appear to be placing children at risk. The state department may make such other inspections as it deems necessary to ensure that the requirements of this part 9 are being met and that the health, safety, and welfare of the children being placed are protected. If, as a result of an inspection of a certified foster care home or kinship foster care home, the state department determines that a child residing in the foster care home or kinship foster care home is subject to an immediate and direct threat to the child's safety and welfare, as defined by rules promulgated by the state board, or that a substantial violation of a fundamental standard of care warrants immediate action, the state department may require a county department to immediately remove the child from the foster care home or kinship foster care home.
(II) The state board shall adopt rules concerning the on-site public
availability of the most recent inspection report results of facilities, when requested. The state board shall also adopt rules concerning a requirement that all facilities licensed pursuant to this part 9 post their licenses and information regarding the procedures for filing a complaint pursuant to this part 9 directly with the state department, which rules must require that each facility display its license and complaint procedures in a prominent and conspicuous location at all times during operational hours of the facility; except that the rules must not require foster care homes to post their licenses and the rules must not require foster care homes and child placement agencies to post information regarding the procedures for filing a complaint pursuant to this part 9 directly with the state department. The state board shall adopt rules requiring foster care homes to make their licenses available to their patrons for inspection, upon request, and requiring foster care homes and child placement agencies to make the information concerning the filing of complaints available to their patrons for inspection, upon request.
(e) Notwithstanding any provision of this part 9 to the contrary, the state
department may enter into an interagency agreement or a memorandum of understanding, or both, as necessary to complete the criminal history record checks and other background checks required in this section.
(2) (a) (I) Except as otherwise provided in subsection (2)(a)(II) of this section,
the state department may authorize or contract with a county department, the county department of health, or another publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children to investigate and inspect the facilities applying for an original or renewal license or applying for a permanent license following the issuance of a probationary or provisional license pursuant to this part 9 and may accept reports on the investigations and inspections from the agencies or organizations as a basis for licensing. When contracting for investigations and inspections, the state department shall ensure that the contractor is qualified by training and experience and has no conflict of interest with respect to the facilities to be inspected.
(II) The state department shall not authorize or contract with a county
department, the county department of health, or another publicly or privately operated organization that has a declared interest in children and experience working with children or on behalf of children for investigations and inspections described in subsection (2)(a)(I) of this section of any facilities that provide twenty-four-hour care and are licensed pursuant to this part 9.
(b) A city, county, or city and county may impose and enforce higher
standards and requirements for facilities licensed pursuant to this part 9 than the standards and requirements specified pursuant to this part 9.
(3) Every facility and agency licensed pursuant to this part 9 shall keep and
maintain such records as the department may prescribe pertaining to the admission, progress, health, and discharge of children under the care of the facility or agency and shall report relative thereto to the department whenever called for, upon forms prescribed by the department. Both the facility or agency and the department shall keep confidential all records regarding children and all facts learned about children and their relatives.
(4) Within available appropriations, the state department shall monitor, on at
least a quarterly basis, the county department certification of foster care homes and kinship foster care homes.
(5) As described in section 19-3.3-103, the state department and the office of
the child protection ombudsman shall coordinate site visits to investigate and review residential child care facilities that house unaccompanied immigrant children who are in the custody of the office of refugee resettlement in the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The state department and the office of the child protection ombudsman may share final reports based on their site visits.
(6) When the state department receives a serious complaint about a facility
or agency licensed pursuant to this part 9 alleging the immediate risk to the health or safety of the children cared for in the facility, the state department shall respond to the complaint and conduct an on-site investigation concerning the complaint within forty-eight hours after its receipt.
Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 811, � 17,
effective July 1. L. 2024: (1)(b), (1)(d)(I), and (4) amended, (SB 24-008), ch. 289, p. 1940, � 14, effective September 1.
C.R.S. § 26-6-924
26-6-924. Residential child care facility - notice - policy - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Child has the same meaning as set forth in section 19-1-103.
(b) Youth has the same meaning as set forth in section 19-1-103.
(2) (a) On or before July 1, 2026, each residential child care facility in the
state shall develop an efficient, well-structured, and trauma-informed policy that outlines how the residential child care facility responds to a child or youth who threatens or attempts to run away from care. The policy must include whether the residential child care facility uses physical restraints. The policy must include any other information the state department adopts by rule pursuant to subsection (2)(c) of this section.
(b) Each residential child care facility shall provide a copy of the policy to the
child or youth and the child's or youth's parent, legal guardian, or custodian during the child's or youth's intake at the residential child care facility.
(c) The state department shall adopt rules regarding additional information
for the policy described in subsection (2)(a) of this section. In developing the rules, the state department shall consult:
(I) The office of the child protection ombudsman;
(II) A director of a residential child care facility;
(III) A parent or family member of a child or youth who has run away from a
residential child care facility;
(IV) A young adult who resided at a residential child care facility within the
last seven years; and
(V) County departments.
(3) When a residential child care facility discovers that a child or youth is
missing from its care, the residential child care facility shall notify the child's or youth's parent, legal guardian, or custodian and guardian ad litem or counsel for youth within four hours after the discovery of the missing child or youth. If the residential child care facility cannot make initial contact with the child's or youth's parent, legal guardian, or custodian, the residential child care facility must make repeated efforts to notify the child's or youth's parent, legal guardian, or custodian.
Source: L. 2025: Entire section added, (SB 25-151), ch. 70, p. 306, � 3,
effective April 10.
Cross references: For the legislative declaration in SB 25-151, see section 1
of chapter 70, Session Laws of Colorado 2025.
ARTICLE 6.2
Early Childhood Child Care Access
Editor's note: This article was added with relocations in 2013. Former C.R.S.
section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
Cross references: For the legislative declaration in the 2013 act adding this
article, see section 1 of chapter 169, Session Laws of Colorado 2013.
PART 1
EARLY CHILDHOOD LEADERSHIP COMMISSION
26-6.2-101 to 26-6.2-107. (Repealed)
Editor's note: (1) This part 1 was added with relocations in 2013. For
amendments to this part 1 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 26-6.2-107 provided for the repeal of this part 1, effective July 1,
- (See L. 2021, pp. 1855, 1857.)
PART 2
INFANT AND FAMILY CHILD CARE
STRATEGIC ACTION PLAN
26-6.2-201 to 26-6.2-204. (Repealed)
Editor's note: (1) This part 2 was added in 2019 and was not amended prior to
its repeal in 2020. For the text of this part 2 prior to its repeal in 2020, consult the 2019 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 26-6.2-204 provided for the repeal of this part 2, effective July 1,
- (See L. 2019, p. 580.)
PART 3
EARLY CHILDHOOD SERVICES TRANSITION
26-6.2-301 to 26-6.2-306. (Repealed)
Source: L. 2022: Entire part repealed, (HB 22-1295), ch. 123, p. 870, � 134,
effective July 1.
Editor's note: This part 3 was added in 2021 and was not amended prior to its
repeal in 2022. For the text of this part 3 prior to 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
ARTICLE 6.4
Colorado Nurse Home Visitor Program
26-6.4-101 to 26-6.4-108. (Repealed)
Source: L. 2022: Entire article repealed, (HB 22-1295), ch. 123, p. 870, � 135,
effective July 1.
Editor's note: This article 6.4 was added in 2013. For amendments to this
article 6.4 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article 6.4 was relocated to part 5 of article 3 of title 26.5. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 6.4, see the comparative tables located in the back of the index.
ARTICLE 6.5
Early Childhood and School Readiness
PART 1
EARLY CHILDHOOD COUNCILS
26-6.5-101 to 26-6.5-110. (Repealed)
Source: L. 2022: Entire part repealed, (HB 22-1295), ch. 123, p. 870, � 135,
effective July 1.
Editor's note: This part 1 was added in 1997. For amendments to this part 1
prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 1 was relocated to part 2 of article 2 of title 26.5, part 1 of article 5 of title 26.5, and section 26.5-6-102. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this part 1, see the comparative tables located in the back of the index.
PART 2
EARLY CHILDHOOD AND SCHOOL READINESS
LEGISLATIVE COMMISSION
26-6.5-201 to 26-6.5-205. (Repealed)
Editor's note: (1) This part 2 was added in 2009. It was repealed in 2012 and
subsequently recreated and reenacted in 2013. For amendments to this part 2 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 26-6.5-205 provided for the repeal of this part 2, effective July 1,
- (See L. 2021, pp. 1855, 1857.)
PART 3
COLORADO QUALITY IN CHILD CARE
INCENTIVE GRANT PROGRAM
26-6.5-301 to 26-6.5-307. (Repealed)
Editor's note: (1) This part 3 was added in 2010 and was not amended prior to
its repeal in 2014. For the text of this part 3 prior to 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 26-6.5-307 provided for the repeal of this part 3, effective the
July 1 following the receipt of the notice by the revisor of statutes pursuant to either � 26-6.5-307 (1)(a) or (1)(b). On July 11, 2013, the revisor of statutes received the notice referred to in � 26-6.5-307 (1)(b) related to the repeal. For more information about the repeal and notice, see HB 10-1026. (L. 2010, p. 387.)
PART 4
EARLY CHILDHOOD MENTAL
HEALTH CONSULTATION PROGRAM
26-6.5-401 to 26-6.5-407. (Repealed)
Source: L. 2022: Entire part repealed, (HB 22-1295), ch. 123, p. 870, � 135,
effective July 1.
Editor's note: This part 4 was added in 2020. For amendments to this part 4
prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This part 4 was relocated to part 7 of article 3 of title 26.5. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this part 4, see the comparative tables located in the back of the index.
ARTICLE 6.7
Colorado Infant and Toddler Quality
and Availability Grant Program
26-6.7-101 to 26-6.7-105. (Repealed)
Source: L. 2022: Entire article repealed, (HB 22-1295), ch. 123, p. 870, � 135,
effective July 1.
Editor's note: This article 6.7 was added in 2013. For amendments to this
article 6.7 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article 6.7 was relocated to part 2 of article 5 of title 26.5. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 6.7, see the comparative tables located in the back of the index.
ARTICLE 6.8
Tony Grampsas Youth Services Program
Editor's note: This article was added with relocations in 2013. Former C.R.S.
section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
Cross references: For the legislative declaration in the 2013 act adding this
article, see section 1 of chapter 169, Session Laws of Colorado 2013.
26-6.8-101. Definitions. As used in this article 6.8, unless the context
otherwise requires:
(1) Board means the Tony Grampsas youth services board created in
section 26-6.8-103.
(2) Entity means a local government, a Colorado public or not-for-profit
school, a group of public or not-for-profit schools, a school district or group of school districts, a board of cooperative services, an institution of higher education, the Colorado National Guard, or a private nonprofit or not-for-profit community-based organization.
(3) Executive director means the executive director of the state
department of human services.
(4) Grant program or program means the Tony Grampsas youth services
grant program created in section 26-6.8-102.
(5) Intermediary entity means an eligible entity that applies for a grant to
promote and support evidence-based or evidence-informed strategies or programs with subcontracted entities and:
(a) Interacts with local, community-based organizations, as well as with
statewide or nationwide entities, to effectively monitor a specific evidence-based or evidence-informed strategy or program;
(b) Has the capacity to provide a variety of services to local programs that
implement the same specific evidence-based or evidence-informed strategy or program as the intermediary entity, including the following services:
(I) Community preparation for program implementation;
(II) Staff training on the evidence-based or evidence-informed strategy or
program;
(III) Technical assistance;
(IV) Program monitoring;
(V) Liaison for entities that develop or oversee a specific evidence-based or
evidence-informed strategy or program;
(VI) Evaluation coordination; and
(VII) Financial administration through subcontracts;
(c) Serves as the fiscal and coordinating entity with the intent of
subcontracting grant-related services to community partners;
(d) Allocates fifty percent or more of the entity's budget to partner entities;
(e) Has an application process to identify partner entities either prior to
submitting the grant application or once the entity receives the funding notification; and
(f) Has a memorandum of understanding with each partner entity that is a
subcontracted entity.
(6) Multi-entity means an eligible entity that applies for a grant in
collaboration with a partner entity and:
(a) Has an established collaborative partnership between two or more
entities for the purpose of providing community-based services;
(b) Has one lead entity that enters into subcontracts with other partner
entities and:
(I) Serves as the liaison to the grant program as the primary contact and
coordinates and submits all required grant program reports pursuant to section 26-6.8-102 (6) on behalf of the partner entities;
(II) Manages and coordinates all grant program procedures for the partner
entities;
(III) Conducts program monitoring with partner entities to ensure alignment
with the grant program;
(IV) Coordinates grant program-related evaluation processes with the
partner entities; and
(V) Allocates fifty percent or more of the lead entity's budget to the partner
entities; and
(c) Has a memorandum of understanding with each partner entity
participating in the collaborative.
(7) Single entity means an eligible entity that applies for a grant
independently despite any programmatic collaboration that may exist with other service providers.
(8) State department means the state department of human services.
Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p.
573, � 5, effective July 1. L. 2022: IP and (2) amended, (SB 22-037), ch. 23, p. 148, � 1, effective March 17. L. 2025: Entire section amended, (SB 25-197), ch. 256, p. 1271, � 2, effective August 6.
Cross references: For the legislative declaration in SB 25-197, see section 1
of chapter 256, Session Laws of Colorado 2025.
26-6.8-102. Tony Grampsas youth services grant program - creation -
guidelines and criteria - cash fund - rules - repeal. (1) The Tony Grampsas youth services grant program is created in the state department to provide grants to entities for developing and implementing prevention and intervention community-based programs to reduce incidents of youth crime and violence. Grant recipients may use the money received through the grant program to enhance existing programs or develop and implement new programs, including:
(a) Prevention and intervention programs intended to reduce incidents of
youth crime and violence and prevent youth alcohol, tobacco, marijuana, and other drug use;
(b) Youth mentoring programs that strive to reduce youth substance use,
decrease incidents of youth crime and violence, and increase protective factors for youth who are five years of age or older but under twenty-five years of age and who are experiencing poverty, exposure to substance use, family conflict, association with peers who are justice-involved, disciplinary issues, or child abuse or neglect. Youth mentoring programs must ensure mentoring is the primary service provided by the program and make intentional matches or formal connections between youth and mentors.
(c) Student dropout prevention and intervention programs that provide
services to students enrolled in a primary or secondary school who are at risk of dropping out of school. Student dropout prevention and intervention programs must utilize an appropriate combination of academic and extracurricular activities designed to enhance the overall education of students in secondary schools.
(d) Out-of-school time programs that may include an alcohol, tobacco, or
other drug use intervention, prevention, and education component and primarily serve youth enrolled in grades six through eight or youth who are twelve to fourteen years of age. Out-of-school time programs must be designed to help youth develop their interests and skills in the areas of sports and fitness, character and leadership, or arts and culture and may provide education regarding the dangers of the use of alcohol, tobacco, and other drugs. Grant money must not be used for out-of-school time programs that are designed primarily to increase academic achievement or that provide religious instruction.
(e) Child abuse and neglect prevention and intervention strategies that
provide services to children and their families with the goal of increasing family strengths, enhancing child development, and reducing the likelihood of child abuse and neglect. Child abuse and neglect prevention and intervention strategies must be based on engaging families, programs, and communities in enhancing protective factors.
(2) (a) The state department shall administer the grant program, monitor the
effectiveness of programs that receive grants, and, subject to available appropriations, award grants as provided in this section.
(b) Grant awards must be paid out of the youth service program fund created
in subsection (7) of this section or out of the general fund. The state department, in accordance with the timelines adopted pursuant to subsection (4) of this section, shall submit a list of the entities chosen to receive grants to the board for approval. The board shall either approve or disapprove the entire list of entities by responding to the state department within twenty days. If the board does not respond to the state department within twenty days after receipt of the list, the list is approved. The state department shall not award a grant without the prior approval of the board.
(3) (a) The state department, in collaboration with the board, shall develop
and make available program guidelines, including, but not limited to:
(I) Guidelines for proposal design for single entity applicants, multi-entity
applicants, and intermediary entity applicants; and
(II) Processes for local review and prioritization of grant program
applications.
(b) In addition to the guidelines developed pursuant to subsection (3)(a) of
this section, the state department, in collaboration with the board, shall develop criteria for awarding grants, including, but not limited to, the following requirements:
(I) That the program is operated in cooperation with a local government, a
local governmental agency, or a local nonprofit or not-for-profit agency;
(II) That the program is community-based, receiving input from organizations
in the community such as schools, community mental health centers, local nonprofit or not-for-profit agencies, local law enforcement agencies, businesses, and individuals within the community;
(III) That the program utilizes evidence-based or evidence-informed
practices in the delivery of services;
(IV) That the grant application process identifies and prioritizes funding
programs that meet a need in the community, including, but not limited to, the presence of risk factors in a grant applicant's intended populations;
(V) That the program is directed at providing prevention and intervention
services to children, youth, and their families in an effort to decrease incidents of youth crime and violence; preventing child abuse and neglect; decreasing youth alcohol, tobacco, marijuana, and other drug use; providing services to students and their families in an effort to reduce the dropout rate in secondary schools; or providing youth mentoring;
(VI) If an entity is seeking a grant for a student dropout prevention and
intervention program, whether the program has been implemented elsewhere, if known, and, if so, the relative success of the program. It is not required, however, that the program be previously implemented for the state department to award a grant to the entity.
(VII) If an entity is seeking a grant for a program directed at providing
prevention and intervention services to youth and their families in an effort to decrease incidents of youth crime and violence, whether the program includes restorative justice components. It is not required, however, that the program include restorative justice components for the state department to award a grant to the entity.
(c) An entity is eligible to receive a grant for out-of-school time programs
regardless of whether the out-of-school time program to which the grant would apply serves youth who are eligible for free or reduced-cost lunch pursuant to the Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq.
(4) In addition to the guidelines and criteria developed pursuant to
subsection (3) of this section, the state department shall establish timelines for submitting and reviewing grant applications and timelines for submitting the list of entities chosen to receive grants to the board. If the board disapproves the list, the state department may submit a replacement list within thirty days after the disapproval.
(5) The state department shall review all applications received pursuant to
this section and select the grant recipients and the amount of each grant.
(6) (a) Except as provided in subsection (6)(b) of this section, each entity that
receives a grant shall annually report the following information to the state department:
(I) The total number of individuals served;
(II) The demographic information of each individual served;
(III) A description of the services provided and how the services meet one or
more of the following priorities:
(A) Providing prevention and intervention services to children, youth, and
their families in an effort to decrease incidents of youth crime and violence;
(B) Providing youth mentoring programs;
(C) Preventing child abuse and neglect;
(D) Decreasing youth alcohol, tobacco, marijuana, and other drug use; or
(E) Providing services to students and their families in an effort to reduce the
dropout rate in secondary schools; and
(IV) The outcomes achieved by the services provided and the methods used
to track the outcomes. Measuring the outcome of student dropout prevention and intervention programs must include the implementation of a method by which to track the students served by the program to evaluate the impact of the services provided, which tracking must continue, if possible, for at least two years or through graduation from a secondary school, whichever occurs first.
(b) Notwithstanding subsection (6)(a) of this section to the contrary, each
entity that receives a grant and has an operating budget of less than one million five hundred thousand dollars, or that receives a grant in the amount of not more than twenty-five thousand dollars, shall annually report the information required in subsections (6)(a)(I) to (6)(a)(III) of this section to the state department.
(c) If an entity utilizes a separate process for evaluating and reporting on the
services provided, the entity may submit that report to meet the requirements of this subsection (6).
(7) (a) The youth services program fund is created in the state treasury. The
principal of the fund consists of tobacco litigation settlement money transferred by the state treasurer to the fund pursuant to section 24-75-1104.5 (1.7)(e). Subject to annual appropriation by the general assembly, the state department may expend money from the fund for the Tony Grampsas youth services grant program, including the compensation of youth community members of the Tony Grampsas youth services board. All unexpended and unencumbered money appropriated to the fund at the end of a fiscal year remains available for expenditure by the state department for the Tony Grampsas youth services grant program in the following fiscal year without further appropriation and must not be transferred or revert to the general fund at the end of a fiscal year.
(b) In addition to the money appropriated to the youth services program fund
pursuant to subsection (7)(a) of this section, the fund also consists of any money appropriated to the fund from the marijuana tax cash fund created in section 39-28.8-501. Any money in the fund attributable to the marijuana tax cash fund must be used for community-based programs for the prevention and intervention of marijuana use. Notwithstanding subsection (7)(a) of this section to the contrary, any unexpended and unencumbered money in the fund at the end of a fiscal year that is attributable to the marijuana tax cash fund must remain in the fund and must not be transferred to the tobacco litigation settlement cash fund or any other fund.
(c) (I) On June 30, 2025, the state treasurer shall transfer the unexpended
and unencumbered balance of the youth mentoring services cash fund, the student dropout prevention and intervention fund, and the Colorado student before-and-after school project fund to the youth services program fund.
(II) This subsection (7)(c) is repealed, effective July 1, 2026.
(8) This section does not prevent an entity that receives a grant pursuant to
this article 6.8 from applying for a grant administered by the attorney general's office pursuant to section 24-31-108.
(9) The state department shall adopt any rules necessary to implement the
grant program.
Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p.
574, � 5, effective July 1; (2)(a) and (2)(b) amended, (HB 13-1239), ch. 307, p. 1629, � 3, effective July 1; (2)(d) amended, (HB 13-1181), ch. 74, p. 239, � 7, effective July 1. L. 2014: (1)(b) and (2)(d) amended, (SB 14-215), ch. 352, p. 1615, � 7, effective July 1. L. 2015: (2)(d)(I) amended, (HB 15-1365), ch. 245, p. 904, � 2, effective August 5. L. 2016: (2)(d)(I) amended, (HB 16-1408), ch. 153, p. 471, � 22, effective July 1. L. 2022: (2)(d)(I) amended, (SB 22-013), ch. 2, p. 92, � 128, effective February 25; (1)(b), (2)(d)(I), and (2)(d)(III) amended and (2)(b) repealed, (SB 22-037), ch. 23, p. 148, � 2, effective March 17. L. 2023: (2)(d)(I) amended, (HB 23-1301), ch. 303, p. 1833, � 56, effective August 7. L. 2025: Entire section amended with relocations, (SB 25-197), ch. 256, p. 1273, � 3, effective August 6.
Editor's note: (1) This section is similar to former � 25-20.5-201 as it existed
prior to 2013.
(2) Amendments to subsection (2)(d)(I) by SB 22-013 and SB 22-037 were
harmonized, effective March 17, 2022.
(3) The provisions of this section are similar to several former provisions of ��
26-6.8-102 and 26-6.8-103 as they existed prior to 2025. For a detailed comparison, see the comparative tables located at the back of the index.
Cross references: For the legislative declaration in the 2013 act amending
subsections (2)(a) and (2)(b), see section 1 of chapter 307, Session Laws of Colorado 2013. For the legislative declaration in the 2013 act amending subsection (2)(d), see section 1 of chapter 74, Session Laws of Colorado 2013. For the legislative declaration in SB 25-197, see section 1 of chapter 256, Session Laws of Colorado 2025.
26-6.8-103. Tony Grampsas youth services board - members - duties. (1)
There is created the Tony Grampsas youth services board, which is a type 2 entity, as defined in section 24-1-105. The board consists of the following members:
(a) Four adult community members appointed by the governor;
(b) Two youth community members appointed by the governor;
(c) Three adult community members appointed by the speaker of the house
of representatives;
(d) Two adult community members appointed by the president of the senate;
and
(e) One adult community member appointed by the minority leader of the
senate.
(2) No more than seven of the members appointed to the board may be
affiliated with the same political party.
(3) In addition to the appointed board members, the executive director or the
executive director's designee is a member of the board.
(4) (a) In appointing adult community members to the board, the governor,
the speaker of the house of representatives, and the president and the minority leader of the senate shall:
(I) Choose community members who have a knowledge and awareness of
innovative strategies for youth crime and violence prevention and intervention services and for reducing the occurrence and reoccurrence of child abuse and neglect; and
(II) Appoint one or more community members who possess knowledge and
awareness of early childhood care and education for children who are younger than nine years of age.
(b) In appointing members to the board, the speaker of the house of
representatives and the president of the senate shall each appoint at least one community member who has a knowledge and awareness of student issues, including the causes of student dropout in secondary schools, as well as innovative strategies for reducing the dropout rate among secondary school students.
(c) In appointing community members to the board, the governor shall:
(I) Appoint at least one community member who is representative of a
minority community;
(II) Appoint at least one community member who is knowledgeable in the
area of child abuse and neglect prevention and intervention; and
(III) Appoint at least one community member who is knowledgeable in the
area of youth crime and violence prevention and intervention.
(d) In appointing youth community members to the board, the governor shall
appoint members who are fifteen years of age or older but under twenty-six years of age. A youth board member who reaches twenty-six years of age during the youth board member's term may remain on the board for the remainder of the term.
(5) The board shall choose a chair and vice-chair from among its members.
(6) (a) The appointed members of the board shall serve three-year terms;
except that the terms of appointed members shall be staggered so that no more than a minimum majority of the appointed members' terms expire in the same year. If a vacancy arises in one of the appointed offices, the authority making the original appointment shall fill the vacancy for the remainder of the term.
(b) Adult and youth board members may be reimbursed out of available
appropriations for actual and necessary expenses incurred in the performance of their duties.
(7) The board is authorized to meet remotely, when necessary.
Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p.
575, � 5, effective July 1. L. 2015: (1)(a), IP(1)(d)(I), and (1)(e) amended and (1)(d)(IV) added, (HB 15-1365), ch. 245, p. 903, � 1, effective August 5. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 65, � 89, effective February 25; (1)(b), (1)(d)(I)(A), (1)(d)(III)(B), (1)(d)(III)(C), (1)(d)(IV), IP(2)(b), (2)(b)(III)(A), (2)(b)(III)(C), and (5) amended and (2)(b)(II.5) added, (SB 22-037), ch. 23, p. 149, � 3, effective March 17; (1)(a) amended, (SB 22-162), ch. 469, p. 3377, � 70, effective August 10. L. 2023: (1)(f)(II) amended, (SB 23-210), ch. 251, p. 1430, � 8, effective May 24. L. 2025: Entire section amended, (SB 25-197), ch. 256, p. 1279, � 4, effective August 6.
Editor's note: (1) This section is similar to former � 25-20.5-202 as it existed
prior to 2013.
(2) Amendments to subsections (1)(d)(I)(A), (1)(d)(III)(B), (1)(d)(III)(C), and
(1)(d)(IV) by SB 22-013 and SB 22-037 were harmonized, effective March 17, 2022. Amendments to subsection (1) by SB 22-013 and SB 22-162 were harmonized, effective August 10, 2022.
(3) Subsection (1)(c) was numbered as subsection (1)(b) in SB 22-037 (See L.
2022, p.149). That provision was harmonized with subsection (1)(c) of this section as it appears in SB 22-013.
Cross references: (1) For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(2) For the legislative declaration in SB 25-197, see section 1 of chapter 256,
Session Laws of Colorado 2025.
26-6.8-104. Colorado youth mentoring services. (Repealed)
Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p.
578, � 5, effective July 1. L. 2015: (6) amended, (HB 15-1367), ch. 271, p. 1077, � 15, effective June 4. L. 2018: (6) amended, (HB 18-1369), ch. 253, p. 1556, � 7, effective August 8. L. 2022: (2), (3), (4), (5)(a), (5)(b), and (6) amended, (SB 22-037), ch. 23, p. 151, � 4, effective March 17. L. 2025: Entire section repealed, (SB 25-197), ch. 256, p. 1282, � 5, effective August 6.
Editor's note: Prior to its repeal, this section was similar to former � 25-20.5-203 as it existed prior to 2013.
Cross references: For the legislative declaration in SB 25-197, see section 1
of chapter 256, Session Laws of Colorado 2025.
26-6.8-105. Colorado student dropout prevention and intervention
program. (Repealed)
Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p.
580, � 5, effective July 1. L. 2022: (3), (4), (5)(a), and (6)(b) amended, (SB 22-037), ch. 23, p. 153, � 5, effective March 17. L. 2025: Entire section repealed, (SB 25-197), ch. 256, p. 1284, � 6, effective August 6.
Editor's note: Prior to its repeal, this section was similar to former � 25-20.5-204 as it existed prior to 2013.
Cross references: For the legislative declaration in SB 25-197, see section 1
of chapter 256, Session Laws of Colorado 2025.
26-6.8-106. Colorado student before-and-after-school project - creation -
funding. (Repealed)
Source: L. 2013: Entire article added with relocations, (HB 13-1117), ch. 169, p.
582, � 5, effective July 1. L. 2022: (2) and (4) amended, (SB 22-037), ch. 23, p. 154, � 6, effective March 17. L. 2025: Entire section repealed, (SB 25-197), ch. 256, p. 1285, � 7, effective August 6.
Editor's note: Prior to its repeal, this section was similar to former � 25-20.5-205 as it existed prior to 2013.
Cross references: For the legislative declaration SB 25-197, see section 1 of
chapter 256, Session Laws of Colorado 2025.
ARTICLE 6.9
Child Care Services and Substance Use
Disorder Treatment Pilot Program
26-6.9-101 to 26-6.9-103. (Repealed)
Source: L. 2022: Entire article repealed, (HB 22-1295), ch. 123, p. 870, � 135,
effective July 1.
Editor's note: This article 6.9 was added in 2019. For amendments to this
article 6.9 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article 6.9 was relocated to part 3 of article 3 of title 26.5. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 6.9, see the comparative tables located in the back of the index.
ARTICLE 7
Subsidization of Adoption
Editor's note: This article 7 was numbered as article 15 of chapter 119, C.R.S.
- It was repealed and reenacted in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 7 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
C.R.S. § 26-8-107
26-8-107. Work therapy program - creation - cash fund. (1) There is hereby created in the state department a work therapy program to provide sheltered workshop programs for training and employment of persons receiving services at the mental health institutes and at the regional centers located at Grand Junction, Pueblo, and Wheat Ridge.
(2) (a) The state department shall transmit all moneys collected pursuant to
this section to the state treasurer, who shall credit the same to the work therapy cash fund, which fund is hereby created and referred to in this section as the fund. The fund shall consist of any moneys held for the state department as of May 3, 2012, from work therapy activities and any moneys received by the state department after May 3, 2012, pursuant to this paragraph (a). The moneys in the fund are subject to annual appropriation by the general assembly to the state department for the direct and indirect costs associated with implementing this section.
(b) The state treasurer may invest any moneys in the fund not expended for
the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2012: Entire section added, (HB 12-1342), ch. 156, p. 556, � 1,
effective May 3.
ARTICLE 8.1
Independent Living Services
26-8.1-101 to 26-8.1-108. (Repealed)
Source: L. 2016: Entire article repealed, (SB 16-093), ch. 54, p. 132, � 3,
effective July 1.
Editor's note: This article was added in 1981. For amendments to this article
prior to its repeal in 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article was relocated to article 85 title 8. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
ARTICLE 8.2
Products of the Rehabilitation
Center for the Visually Impaired
26-8.2-101. Legislative declaration. (1) It is the purpose of this article to
further the policy of this state to encourage and assist blind individuals to achieve maximum personal independence through useful and productive gainful employment by assuring an expanded and consistent manner for sale of blind-made products and services, thereby enhancing the dignity and capacity for self-support of blind persons and minimizing their dependence on welfare and costly institutionalization.
(2) To further the purposes of this article and to contribute to the economy
of state government, it is the intent of the general assembly that there be close cooperation between the rehabilitation center for the visually impaired and the division of correctional industries or any other state agency from which procurement of products or services is required under the provisions of any law in effect on July 1, 1979.
Source: L. 79: Entire article added, p. 1098, � 1, effective July 1.
26-8.2-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Center means the rehabilitation center for the visually impaired of the
state department of human services.
(2) Public agency means any public office, officer, department,
commission, institution, or bureau, any agency, division, or unit within a department or office, or any other public authority of this state. Public agency shall not include any municipality, county, school district, special district, nor any other political subdivision of this state.
Source: L. 79: Entire article added, p. 1098, � 1, effective July 1. L. 93: (1)
amended, p. 1158, � 118, effective July 1, 1994.
Cross references: For the legislative declaration contained in the 1993 act
amending this section, see section 1 of chapter 230, Session Laws of Colorado 1993.
26-8.2-103. Sale of products. (1) In order to provide preferential treatment
to the products and services of the center offered for sale, public agencies shall purchase such products and services directly from the center in accordance with applicable specifications of the department of personnel. When such products and services are available, the price determined by the center shall be an amount equal to the cost of raw materials, labor, overhead, and delivery.
(2) The center may furnish to any person authorized to make purchases for
any public agency and to all political subdivisions of the state a list of available products and services which are suitable for procurement.
(3) Notwithstanding any provision of this article, no purchase shall be made
of any product or service that does not conform to the standards and specifications necessary for the purpose for which the goods are required.
Source: L. 79: Entire article added, p. 1098, � 1, effective July 1. L. 96: (1)
amended, p. 1541, � 131, effective June 1.
26-8.2-104. Contracts. The executive director of the department of
personnel shall not approve any contracts made in violation of this article by any public agency over which he has control of purchasing.
Source: L. 79: Entire article added, p. 1099, � 1, effective July 1. L. 81: Entire
section amended, p. 1296, � 36, effective January 1, 1982. L. 96: Entire section amended, p. 1542, � 132, effective June 1.
26-8.2-105. Cooperation of center with other agencies. The center and the
division of correctional industries and any other public agency from which procurement of products or services is required under any law in effect on July 1, 1979, are authorized to enter into such contractual agreements, cooperative working relationships, or other arrangements as may be beneficial for effective coordination and efficient realization of the objectives of this article and any other law requiring procurement of products or services from any public agency.
Source: L. 79: Entire article added, p. 1099, � 1, effective July 1.
ARTICLE 8.3
Blind-made Products - Registration
26-8.3-101. Legislative declaration. It is the purpose of this article to
protect blind persons and organizations established to aid blind persons in the sale of blind-made products and to prevent misrepresentation in connection with the sale of blind-made products.
Source: L. 79: Entire article added, p. 1100, � 1, effective October 1.
26-8.3-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Blind-made products means those goods, wares, and merchandise for
which blind persons perform at least seventy-five percent of the total hours of direct labor of manufacture.
(2) Blind person means a person having not more than 20/200 central
visual acuity in the better eye with correcting lenses or an equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees.
(3) Direct labor means all work required for manufacture, but does not
include the supervision, administration, shipping, inspection, or packaging of products.
(4) Manufacture means the preparation, processing, and assembling of
goods, wares, or merchandise, including manufacture by subcontracting of component materials.
Source: L. 79: Entire article added, p. 1100, � 1, effective October 1.
26-8.3-103. Registration - investigation. Any persons engaged in the
manufacture or distribution of blind-made products may apply to the state department on forms provided by the department for a registration and an authorization to use an official imprint, stamp, symbol, or label, designed or approved by the state department, to identify goods and articles as blind-made products. The state department shall investigate each application to assure that such person is actually engaged in the manufacture or distribution of blind-made products. The state department may approve applications by nonresident persons, without investigation, upon proof that they are recognized and approved by their state of residence, state of doing business, or organization pursuant to a law of such state imposing requirements substantially similar to those prescribed in this article.
Source: L. 79: Entire article added, p. 1101, � 1, effective October 1.
26-8.3-104. Identification of blind-made products. No goods or articles
made in this or any other state shall be displayed, advertised, offered for sale, or sold in this state upon a representation that the same are blind-made products unless identified as such by the official imprint, stamp, symbol, or label designed or approved by the state department.
Source: L. 79: Entire article added, p. 1101, � 1, effective October 1.
26-8.3-105. Violations - penalty. (1) It is unlawful for any person to use or
employ, willfully or knowingly, the official imprint, stamp, symbol, or label designed or approved by the state department, unless such use is authorized by the state department, as provided for in section 26-8.3-103. Each such use is a separate offense.
(2) It is unlawful for any person to willfully or knowingly represent, directly
or indirectly, by any means, for the purpose of financial gain to himself, that particular goods, wares, or merchandise are blind-made products if such products are not blind-made products. Every product so misrepresented is a separate offense.
(3) On and after October 1, 1979, any person who violates any of the
provisions of this section commits a petty offense and shall be punished as provided in section 18-1.3-503.
Source: L. 79: Entire article added, p. 1101, � 1, effective October 1. L. 2002:
(3) amended, p. 1540, � 278, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3244, � 490, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.
ARTICLE 8.5
Vending Facilities in State Buildings -
Business Enterprise Program
26-8.5-100.1 to 26-8.5-108. (Repealed)
Editor's note: (1) This article was added in 1977. For amendments to this
article prior to its repeal in 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. This article was relocated to part 2 of article 84 of title 8. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
(2) Section 26-8.5-108 provided for the repeal of this article, effective July 1,
- (See L. 2015, p. 487.)
ARTICLE 8.7
Colorado Commission for Individuals
Who Are Blind or Visually Impaired
26-8.7-101 to 26-8.7-107. (Repealed)
Editor's note: (1) This article was added in 2007 and was not amended prior
to its repeal in 2012. For the text of this article prior to 2012, consult the 2011 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 26-8.7-107 provided for the repeal of this article, effective July 1,
- (See L. 2007, p. 1221.)
ARTICLE 9
Veterans Service Office and Officers
26-9-101 to 26-9-105. (Repealed)
Source: L. 2002: Entire article repealed, p. 355, � 4, effective July 1.
Editor's note: This article was numbered as article 10 of chapter 119, C.R.S.
-
For amendments to this article prior to its repeal in 2002, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this article were relocated to part 8 of article 5 of title 28. For the location of specific provisions, see the editor's notes following each section in said part 8.
Cross references: For the current provisions regarding veterans service office and officers, see part 8 of article 5 of title 28, C.R.S.
ARTICLE 10
Veterans Affairs
26-10-101 to 26-10-111. (Repealed)
Source: L. 2002: Entire article repealed, p. 355, �� 4, 5, effective July 1.
Editor's note: (1) This article was numbered as article 11 of chapter 119, C.R.S.
-
For amendments to this article prior to its repeal in 2002, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. The provisions of this article were relocated to part 7 of article 5 of title 28. For the location of specific provisions, see the editor's notes following each section in said part 7.
(2) In section 26-10-112, subsection (3) provided for the repeal of the section, effective July 1, 2002. (See L. 2002, p. 686.)
Cross references: For the legislative declaration contained in the 2002 act repealing sections 26-10-101 through 26-10-111, see section 1 of chapter 121, Session Laws of Colorado 2002.
ARTICLE 11
Older Coloradans' Act
Editor's note: This article was numbered as article 7 of chapter 119, C.R.S.
-
This article was repealed in 1968 and was subsequently recreated and reenacted in 1973, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1968, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
Law reviews: For article, The Older Americans Act: What Every Elder Law Attorney Needs to Know, see 42 Colo. Law. 41 (May 2013).
PART 1
COLORADO COMMISSION ON THE AGING
C.R.S. § 27-50-201
27-50-201. Behavioral health system monitoring - capacity - safety net performance. (1) On or before July 1, 2024, the BHA shall establish a performance monitoring system to track capacity and performance of all behavioral health providers, including those that contract with managed care entities or behavioral health administrative services organizations, and inform needed changes to the public and private behavioral health system in the state.
(2) The BHA shall set minimum performance standards for treatment of
children, youth, and adults that address key metrics for behavioral health providers and behavioral health administrative services organizations licensed by the BHA pursuant to part 5 of this article 50, including but not limited to:
(a) Accessibility of care, including:
(I) Availability of services;
(II) Timeliness of service delivery; and
(III) Capacity tracking consistent with section 27-60-104.5; and
(b) Quality of care, including appropriate triage and access based on client
need and for priority populations.
(3) In setting minimum performance standards, the BHA shall collaborate
with state agencies to consider:
(a) Evidence-based and promising practices;
(b) Themes identified through grievances pursuant to section 27-50-108;
(c) Input from the behavioral health administration advisory council created
pursuant to section 27-50-701;
(d) Alignment with existing state and federal requirements;
(e) Alignment with the BHA's comprehensive state plan developed pursuant
to section 27-50-105 (2); and
(f) Reducing the administrative burden of data collection and reporting for
behavioral health providers.
(3.5) (a) In setting minimum performance standards for children and youth
under twenty-one years of age, the BHA shall consult with a working group, including members from the department of health care policy and financing, the department of human services, county departments of human or social services, managed care entities, hospitals, and other relevant stakeholders, including stakeholders who represent individuals with intellectual and developmental disabilities, to help develop the performance monitoring system framework that addresses the minimum performance standards for treatment of children and youth pursuant to subsection (2) of this section. The framework must consider measures of accountability for children and youth who are boarding or in extended stay.
(b) The working group may, through gifts, grants, or donations, enter into an
agreement with a third-party contractor that has expertise in child welfare and youth mental health research, including outcome measurement and impact analysis, to assist in developing the framework.
(c) No later than April 1, 2024, the working group shall submit the framework
to the BHA to inform the performance monitoring system. The BHA shall make the framework publicly available on the BHA's website.
(3.7) (a) (I) Beginning September 1, 2023, and each quarter thereafter until
October 1, 2024, each hospital shall report information to the BHA that is consistent with federal privacy laws in a form and manner specified by the BHA on the total number of children and youth patients who were boarding or had extended stays in the previous quarter; if known, how many children and youth who were boarding or had extended stays and were in county custody at the time they were boarding or had extended stays; and, to the extent possible, for patients who were ultimately discharged during the quarter, where the patients were discharged to.
(II) Beginning September 1, 2023, and each quarter thereafter until October
1, 2024, the department of human services, in consultation with county departments of human or social services, shall report information to the BHA in a form and manner specified by the BHA that is consistent with federal privacy laws on the total number of children and youth in the custody of, or who had involvement with, a county department of human or social services who spent time at least overnight in a hotel or a county department of human or social services office as a stopgap setting.
(b) (I) No later than September 1, 2023, and each quarter thereafter until
October 1, 2024, the BHA shall report aggregated and de-identified information submitted to the BHA pursuant to subsection (3.7)(a) of this section to the working group. The BHA shall make the de-identified and aggregated data publicly available on the BHA's website.
(II) If the information reported pursuant to this subsection (3.7)(b) is not able
to be aggregated and de-identified in compliance with the federal Health Insurance Portability and Accountability Act of 1996, as amended, 42 U.S.C. secs. 1320d to 1320d-9, the BHA shall not report the information until the population is large enough to be reported in compliance with the federal law.
(4) The BHA and the department of health care policy and financing shall
collaborate to align performance metrics and standards for providers, managed care entities, and behavioral health administrative services organizations to the greatest extent possible.
(5) (a) The BHA shall collaborate with the department of health care policy
and financing to establish data collection and reporting requirements that align with the performance standards established in this section and that are of a high value in promoting systemic improvements. In establishing data collection and reporting requirements, the BHA must consider the impact on behavioral health providers and clients and state information technology systems.
(b) Where applicable, the BHA shall coordinate with the health information
organization networks to prioritize leveraging the health information organization network infrastructure to meet the requirements of this section and to promote the interoperable exchange of data to improve the quality of patient care. The BHA shall coordinate with the health information organization networks on relevant provisions of the universal contract pursuant to section 27-50-203 (1)(a).
(6) Compliance with the requirements described in this section shall be
enforced through:
(a) The universal contracting provisions developed pursuant to section 27-50-203;
(b) Designation of behavioral health administrative services organizations
pursuant to section 27-50-402; and
(c) Applicable licensing standards, including licensing behavioral health
entities pursuant to part 5 of this article 50.
(7) The BHA shall analyze the data collected pursuant to this section and
create public-facing system accountability platforms to report on performance standards for behavioral health providers, behavioral health administrative services organizations, and managed care entities.
(8) The BHA shall document how the BHA's activities conducted pursuant to
this section comply with state and federal privacy laws and standards.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1455, � 1,
effective July 1. L. 2023: (5) amended, (HB 23-1236), ch. 206, p. 1058, � 21, effective May 16; (3.5) and (3.7) added, (HB 23-1269), ch. 377, p. 2264, � 5, effective June 5.
C.R.S. § 27-50-202
27-50-202. Formal agreements - state agencies and tribal governments. (1) On or before July 1, 2023, the commissioner shall collaborate with state agencies and tribal governments, while respecting tribal sovereignty, to implement formal agreements between the BHA and state agencies, and the BHA and tribal governments that have initiatives, funding, programs, or services related to behavioral health. The formal agreements must provide the structure for implementing behavioral health standards by formalizing expectations specific to:
(a) Collaborative problem solving for challenges that arise in the behavioral
health system;
(b) Consideration of BHA funding and resource allocation priorities across
the behavioral health continuum of care, including primary prevention and harm reduction, as well as recommendations for other state agencies' and tribal governments' funding priorities, to ensure a coordinated statewide effort to align behavioral health funding with the BHA's vision, demonstrated gaps in funding or resource allocation, and governor priorities;
(c) Data sharing and health information sharing, including a process for data
sharing and analysis that:
(I) Prioritizes protection of patient privacy and, to the extent possible,
eliminates any sharing of personally identifiable information and personal health information; and
(II) Must be transparently disclosed to all relevant parties;
(d) Requiring, when applicable, the use of the universal contracting
provisions generated in collaboration with state agencies pursuant to section 25-50-203 and the use of behavioral health administrative services organizations pursuant to part 4 of this article 50;
(e) Reporting and data sharing to the BHA, including behavioral-health-related metrics, to ensure state agencies and tribal governments share data;
(f) Managed care entity standards, such as use of nationally recognized
practice guidelines for utilization management approved by the BHA and shared parameters for network adequacy;
(g) Parity monitoring and compliance to support the department of health
care policy and financing's and the division of insurance's enforcement of parity provisions; and
(h) A method for the state agencies and tribal governments to inform the
BHA of problems that need resolution and to collaborate with the BHA to address those problems.
(2) The commissioner, in collaboration with state agencies and tribal
governments, shall annually review the formal agreements and update the formal agreements as necessary. Formal agreements may be expanded to other state agencies and branches of government as needed and appropriate.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1456, � 1,
effective July 1.
C.R.S. § 27-50-203
27-50-203. Universal contracting provisions - requirements. (1) The BHA shall work with the department of health care policy and financing, in collaboration with relevant stakeholders and other state agencies, to develop universal contracting provisions to be used by state agencies when contracting for behavioral health safety net services in the state. The universal contracting provisions must provide clear, standardized requirements addressing at least the following:
(a) Minimum data collection standards and reporting, including electronic
data and participation in health information organization networks;
(b) Grievance and occurrence reporting, including to the BHA;
(c) Consequences for not meeting contract requirements; and
(d) Ensuring individuals are connected to the services the individuals require
within the behavioral health safety net system.
(2) The universal contracting provisions do not require the expansion of data
collection beyond the data already being collected by a state agency, tribal government, or contractor.
(3) Additional terms not included in the universal contract may be negotiated
and added by the contracting parties.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1457, � 1,
effective July 1. L. 2025: (1) and (2) amended, (HB 25-1124), ch. 61, p. 252, � 2, effective August 6.
Cross references: For the legislative declaration in HB 25-1124, see section 1
of chapter 61, Session Laws of Colorado 2025.
C.R.S. § 27-50-303
27-50-303. Essential behavioral health safety net providers - approval to serve limited priority populations. (1) Essential behavioral health safety net providers must serve all priority populations unless the universal contracting provisions with the behavioral health administrative services organization limit the provider's scope and responsibility to a specific underserved population pursuant to subsection (2) of this section.
(2) Behavioral health administrative services organizations may contract with
an essential behavioral health safety net provider to provide a safety net service or services, including those determined necessary pursuant to section 27-50-301 (3)(a)(XV), to only one or more specific underserved populations within the priority populations.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1463, � 1,
effective July 1.
C.R.S. § 27-50-403
27-50-403. Behavioral health administrative services organizations - contract requirements - individual access - care coordination. (1) The BHA shall develop a contract for designated behavioral health administrative services organizations, which must include, but is not limited to, the following:
(a) Requirements to establish and maintain a continuum of care and network
adequacy in the service area consistent with part 3 of this article 50, including but not limited to providing all behavioral health safety net services described in section 27-50-301;
(b) Expectations for subcontracting with behavioral health safety net
providers and other providers, consistent with part 3 of this article 50, including prioritization of comprehensive community behavioral health providers;
(c) Expectations for adherence to the universal contracting provisions
developed pursuant to section 27-50-203 and use of the universal contracting provisions with all relevant subcontractors;
(d) Reporting requirements related to claiming federal funding for eligible
services and programs;
(e) Prohibitions on denying or prohibiting access to any medically necessary
behavioral health service, including medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder;
(f) Requirements to serve all individuals in need of services and a specific
prohibition on denial of services for any of the reasons provided in section 27-50-301 (4);
(g) Agreements on data collection and reporting, including any provisions
necessary to implement section 27-50-201;
(h) Procedures related to corrective actions pursuant to section 27-50-402;
(i) Any provisions necessary to ensure the behavioral health administrative
services organization fulfills the functions provided in subsection (2) of this section;
(j) Requirements for calculating and reporting the annual administrative
costs. The BHA shall establish and enforce the maximum allowable administrative cost ratios for the behavioral health administrative services organizations and report the actual performance of each behavioral health administrative services organization annually.
(k) A requirement that the behavioral health administrative services
organization perform appropriate fiscal management and quality oversight of providers in its network within the scope of the provider's contract, including, but not limited to, the behavioral health administrative services organization directly engaging in audits and corrective action plans with providers in its network to ensure compliance with the contract.
(l) Requirements for the behavioral health administrative services
organizations to collaborate with diversion programs, statewide criminal justice programs, and the bridges wraparound care program created pursuant to article 8.6 of title 16 when the programs are available in the behavioral health administrative services organization's region.
(2) A behavioral health administrative services organization shall:
(a) Proactively engage hard-to-serve individuals with adequate case
management and care coordination throughout the care continuum;
(b) Implement trauma-informed care practices;
(c) Accept and provide behavioral health safety net services to individuals
outside of the behavioral health administrative services organization's region;
(d) Promote competency in de-escalation techniques;
(e) Through network adequacy and other methods, ensure timely access to
treatment, including high-intensity behavioral health treatment and community-based treatment for all individuals including children, youth, and adults;
(f) Require collaboration with all local law enforcement and county agencies
in the service area, including county departments of human or social services and local collaborative management programs within the service area;
(g) Triage individuals who need alternative services outside the scope of the
behavioral health safety net system;
(h) Promote patient-centered care, cultural awareness, and coordination of
care to appropriate behavioral health safety net providers;
(i) Collaborate with schools and school districts in the service area to identify
gaps in services and to promote student access to behavioral health services at school and in the contracting with providers to build the network of behavioral health safety net services, inclusion of relevant programs or services eligible for federal grants or reimbursement, including relevant programs or services identified in the federal Title IV-E prevention services clearinghouse;
(j) Update information as requested by the BHA about available treatment
options and outcomes in each region of the state;
(k) Utilize evidence-based or evidence-informed programming to promote
quality services;
(l) Consider, when contracting with providers to build the network of
behavioral health safety net services, inclusion of relevant programs or services eligible for federal grants or reimbursement, including relevant programs or services identified in the federal Title IV-E prevention services clearinghouse; and
(m) Meet any other criteria established by the BHA.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1466, � 1,
effective July 1. L. 2023: (1)(i) amended and (1)(k) added, (HB 23-1236), ch. 206, p. 1061, � 30, effective May 16; (2)(f) amended, (HB 23-1249), ch. 287, p. 1730, � 10, effective August 7. L. 2024: (1)(l) added, (HB 24-1355), ch. 471, p. 3315, � 16, effective August 7.
Cross references: For the legislative declaration in HB 23-1249, see section 1
of chapter 287, Session Laws of Colorado 2023.
C.R.S. § 27-50-601
27-50-601. Department of health care policy and financing - behavioral health network standards. (1) The statewide managed care system, created pursuant to part 4 of article 5 of title 25.5 and implemented by the department of health care policy and financing, shall use health facilities licensed by the department of public health and environment pursuant to article 1.5 of title 25 or licensed by the BHA pursuant to part 5 of this article 50 and individual behavioral health practitioners licensed by the department of regulatory agencies and federally qualified health centers, as defined in the federal Social Security Act, 42 U.S.C. sec. 1395x (aa)(4), when creating statewide or regional behavioral health networks.
(2) The department of health care policy and financing shall align all
community-based behavioral health programs and networks with the behavioral health continuum of care, behavioral health safety net services, and care coordination provider standards created by the BHA pursuant to part 3 of this article 50.
(3) The department of health care policy and financing shall require that all
behavioral health providers enter into a contract developed pursuant to section 27-50-203 when contracting for community-based behavioral health services in the state.
(4) The BHA shall collaborate with the department of health care policy and
financing to support the early and periodic screening, diagnostic, and treatment benefit access and provider network.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1480, � 1,
effective July 1.
C.R.S. § 27-50-603
27-50-603. State agency behavioral health network and program standards. (1) All state agencies administering community-based behavioral health programs shall ensure the community-based behavioral health programs align with the behavioral health continuum of care, behavioral health safety net services, and care coordination provider standards created by the BHA pursuant to part 3 of this article 50.
(2) All state agencies shall use the universal contracting provisions
developed pursuant to section 27-50-203 when contracting for community-based behavioral health services in the state.
Source: L. 2022: Entire article added, (HB 22-1278), ch. 222, p. 1481, � 1,
effective July 1.
PART 7
BEHAVIORAL HEALTH ADMINISTRATION
ADVISORY COUNCIL
C.R.S. § 27-50-804
27-50-804. School-based mental health support program - creation - appropriation - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Cognitive behavioral skill-building means a theoretical framework
underlying a set of skills that may be taught to help an individual improve emotional difficulties ranging from mild worry or disappointment to severe depression, anxiety, or other mental illnesses.
(b) Evidence-based means practices, interventions, or programs that are
supported by extensive empirical data, including randomized controlled trials, supporting their efficacy for their intended purpose.
(c) High-quality training means in-person or virtual training that includes
content on theory, rationale, and concrete skills; leverages demonstrations and skills practice with feedback; is grounded in the field of implementation science; and takes into account the clinical and environmental barriers to implementation.
(d) Implementation and sustainment support means providing in-person or
virtual coaching to assist public schools in planning, executing, reflecting, and building systems to embed program practices in school operations, preferably in partnership with community-based or hospital-based licensed mental health providers.
(e) Mindfulness means a framework and set of practices for helping an
individual improve awareness of the individual's own thoughts, emotions, physical feelings, and behaviors to increase the individual's resiliency in response to common life events.
(f) Multi-tiered systems of support means a framework for enhancing the
implementation of evidence-based practices to achieve positive outcomes for every student by organizing the efforts of educators within systems to be more effective.
(g) Program means the school-based mental health support program
created in subsection (2) of this section.
(2) There is created in the behavioral health administration the school-based
mental health support program to provide high-quality training, resources, and implementation and sustainment support for the existing public school educator workforce to provide evidence-based mental health services for students through a contract with an external provider. The program shall emphasize supporting schools in rural areas and schools with students who do not have equitable access to mental health care.
(3) (a) No later than January 1, 2025, the BHA shall contract with an external
provider to begin implementing the program no later than the start of the 2025-26 school year.
(b) In contracting with an external provider, the BHA shall:
(I) Establish a timeline that the external provider shall follow in
implementing the program;
(II) Establish a plan to evaluate the efficacy of the program across school
types and student populations;
(III) Determine, in consultation with the external provider, periodic dates on
which to provide funding to the external provider in order for the external provider to make necessary purchases and investments to implement the program; and
(IV) Collaborate with the external provider to determine the cost of
implementing the program in at least four hundred public schools by the start of the 2027-28 school year.
(4) (a) An interested external provider must apply for the contract in the
manner prescribed by the BHA.
(b) The BHA shall select an external provider that:
(I) Does not have licensing agreements that prohibit the use of curricula or
resources that a school district already uses or intends to use in the future; and
(II) Has been subject to external, third-party evaluations that indicate its
efficacy among several different school types and with several different student subpopulations.
(c) When selecting an external provider, the BHA shall consider whether an
applicant is able to:
(I) Provide high-quality training, resources, and implementation and
sustainment support across all three tiers of the multi-tiered systems of support, which include:
(A) Classroom-based mental wellness and resiliency skills for students;
(B) Cognitive behavioral skill-building and mindfulness skill-building for
anxiety or depression for youth who demonstrate an additional need for mental health support; and
(C) Resources and training to manage suicide risk and coordinate care
among families, schools, and external providers for youth who are at risk of suicide; and
(II) In consideration of local control, flexibly partner with school districts to
enable school districts to decide which tiers from among the mental health multi-tiered systems of support to implement; and
(III) Use evidence-based mental health practices that have been subject to
external evaluation, randomized controlled trials, and peer review.
(5) In selecting the external provider, the BHA shall prioritize applicants that:
(a) Are not-for-profit entities;
(b) Incur one-time costs and do not require recurring or additional expenses
paid for by the BHA beyond the first year of implementation;
(c) Have a demonstrated history of partnerships, and a clear strategy for
building future partnerships, with community or hospital-based providers to assist public schools in implementing mental health supports for students; and
(d) Have a demonstrated history of funding internal and external evaluations
of the efficacy of the external provider's program in partnership with institutions of higher education or organizations that have similar skills in conducting randomized controlled trials and other quantitative and qualitative evaluation techniques.
(6) (a) For the 2024-25 state fiscal year, the general assembly shall
appropriate two million five hundred thousand dollars from the general fund to the department of human services for use by the BHA to administer the program.
(b) The BHA may use up to one hundred thousand dollars of the total
appropriation to administer the application and selection process described in subsections (4) and (5) of this section.
(7) This section is repealed, effective July 1, 2028.
Source: L. 2024: Entire section added, (HB 24-1406), ch. 101, p. 318, � 2,
effective April 18.
Cross references: For the legislative declaration in HB 24-1406, see section 1
of chapter 101, Session Laws of Colorado 2024.
C.R.S. § 27-60-100.3
27-60-100.3. Definitions. As used in this article 60, unless the context otherwise requires:
(1) Behavioral health refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health
problems and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders. Problems ranging from unhealthy stress or subclinical conditions to diagnosable and treatable diseases are included in the term behavioral health. The term behavioral health is also used to describe service systems that encompass prevention and promotion of emotional health, prevention and treatment services for mental health and substance use disorders, and recovery support.
(1.1) Behavioral health administration or BHA means the behavioral health
administration established in section 27-50-102.
(1.3) Commissioner means the commissioner of the behavioral health
administration.
(1.5) Criminal justice diversion program means a program created pursuant
to section 27-60-106.5 or programs operated by cities or counties that connect law enforcement officers with behavioral health providers to assist individuals in need of behavioral health interventions or to divert individuals from the criminal justice system.
(2) Crisis intervention services means the array of behavioral health crisis
services that are funded by public or private sources and exist to serve individuals who are experiencing a behavioral health crisis.
(3) Crisis response system means the behavioral health crisis response
system developed and implemented pursuant to this article 60.
(4) Crisis response system contractor means an entity that has been
awarded a contract to provide one or more crisis intervention services pursuant to section 27-60-103.
(4.7) Repealed.
(5) State board means the state board of human services created and
authorized pursuant to section 26-1-107.
(6) State department means the state department of human services
created pursuant to section 26-1-105.
Source: L. 2017: Entire section added, (SB 17-242), ch. 263, p. 1335, � 226,
effective May 25. L. 2018: (4.7) added, (SB 18-250), ch. 403, p. 2376, � 1, effective June 6. L. 2020: (1.5) added, (HB 20-1017), ch. 288, p. 1426, � 11, effective September 14. L. 2022: (1.1) and (1.3) added and (4.7) repealed, (HB 22-1278), ch. 222, p. 1519, � 87, effective July 1.
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017.
C.R.S. § 27-60-104
27-60-104. Behavioral health crisis response system - crisis service facilities - walk-in centers - mobile response units - report. (1) All behavioral health entities, crisis walk-in centers, acute treatment units, mobile crisis programs, respite services, and crisis stabilization units within the crisis response system, regardless of program licensure, shall meet standards for approval pursuant to section 27-66-105. Facility-based crisis service providers must be approved or designated to adequately care for an individual brought to the facility through the emergency mental health procedure described in section 27-65-106 and be an approved treatment facility pursuant to section 27-81-106. The arrangements for care must be completed through the crisis response system or prearranged partnerships with other crisis intervention services.
(2) (a) The BHA shall ensure that mobile response units are available to
respond to a behavioral health crisis anywhere in the state within no more than two hours, either face-to-face or using telehealth operations, for mobile crisis evaluations.
(b) Mobile crisis services may be delivered by criminal justice diversion
programs approved by the BHA or a crisis response system contractor.
(3) (a) All walk-in centers throughout the state's crisis response system must
be appropriately designated by the commissioner for an emergency mental health hold, adequately prepared, and properly staffed to accept an individual through the procedure outlined in section 27-65-106 or a voluntary application for mental health services pursuant to section 27-65-103 or 27-65-104. Priority for individuals placed under an emergency mental health hold pursuant to section 27-65-106 is on treating high-acuity individuals in the least restrictive environment without the use of law enforcement.
(a.5) All crisis walk-in centers throughout the state's crisis response system
shall be appropriately licensed, adequately prepared, and properly staffed to provide crisis services to an individual with a substance use disorder, as that term is defined in section 27-81-102, or an individual with a disability, as defined in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis, co-occurring conditions, or if the individual requires assistance with activities of daily living, as defined in section 12-270-104. A crisis walk-in center shall prioritize treating high-acuity individuals in the least restrictive environment without the use of law enforcement.
(b) The ability of crisis walk-in centers to accept individuals through an
emergency mental health hold outlined in section 27-65-106, a voluntary application for substance use disorder services pursuant to section 27-81-109, or a voluntary application for mental health services pursuant to section 27-65-103 or 27-65-104 may include, but is not limited to, purchasing, installing, and using telehealth operations for mobile crisis evaluations in partnership with hospitals, clinics, law enforcement agencies, and other appropriate service providers.
(3.5) Mobile crisis programs and crisis walk-in centers shall provide crisis
response screening services to any individual seeking such services, including youth of any age and an individual with a disability, as defined in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis, co-occurring conditions, or if the individual requires assistance with activities of daily living, as defined in section 12-270-104. All additional or corresponding behavioral health services beyond the crisis response screening must be provided in accordance with all applicable state laws, including, but not limited to, sections 12-245-203.5, 13-22-102, 27-65-103, and 27-65-104.
(4) Rural crisis facilities are encouraged to work collaboratively with other
facilities in the region that provide care twenty-four hours a day, seven days a week, to form local arrangements.
(5) The BHA shall encourage crisis response system contractors in each
region to develop partnerships with the broad array of crisis intervention services through mobile response units and telehealth-capable walk-in centers in rural communities that offer care twenty-four hours a day, seven days a week.
(6) The BHA shall ensure crisis response system contractors are responsible
for community engagement, coordination, and system navigation for key partners, including criminal justice agencies, emergency departments, hospitals, primary care facilities, behavioral health entities, walk-in centers, and other crisis service facilities. The goals of community coordination are to:
(a) Formalize relationships with partners in the contractually defined
regions;
(b) Pursue collaborative programming for behavioral health services,
including, when possible, embedding crisis clinicians and consultants in first response systems;
(c) Build close relationships between first responders and dispatch centers
and the crisis response system contractor in the region; and
(d) Coordinate behavioral health crises interventions in the community as
early as possible to promote diversion from the criminal justice system and continuity of care.
(6.5) For state fiscal year 2023-24, the BHA shall safeguard partnerships
between community-based behavioral health providers and rural hospitals by allocating money to community-based behavioral health providers.
(7) The BHA shall explore solutions for addressing secure transportation, as
defined in section 25-3.5-103 (11.4), of individuals placed on a seventy-two-hour treatment and evaluation hold pursuant to article 65 of this title 27, and shall include the following information as part of its 2023 State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required pursuant to section 2-7-203:
(a) How crisis contractors are facilitating the use of secure transportation or
contracting with secure transportation licensees; and
(b) How the BHA has supported and encouraged crisis contractors to include
secure transportation in the behavioral health crisis response system.
(8) The BHA shall ensure consistent training for professionals who have
regular contact with individuals experiencing a behavioral health crisis.
(9) The BHA shall conduct an assessment of need and capacity of the
statewide crisis response system to better understand the state's needs for crisis response and service gaps across the state.
(10) (a) The state department shall annually, in August, notify each public
and private school in the state about services provided by the behavioral health crisis response system, including but not limited to how to engage with and what to expect from the services, and the possibility of peer-to-peer counseling as a part of the offered services. The state department shall provide behavioral health crisis response system awareness and educational materials to each public and private school in the state.
(b) The state department shall collaborate with the department of education,
created in section 24-1-115, in identifying public and private schools in Colorado, including but not limited to identifying school contact information.
Source: L. 2017: Entire section added, (SB 17-207), ch. 205, p. 764, � 5,
effective August 9. L. 2019: (1) and IP(6) amended, (HB 19-1237), ch. 413, p. 3640, � 11, effective July 1, 2022. L. 2020: (2) amended, (HB 20-1017), ch. 288, p. 1426, � 12, effective September 14. L. 2021: (7) amended, (HB 21-1085), ch. 355, p. 2312, � 5, effective June 27. L. 2022: (1) and (3)(b) amended and (3)(a.5) and (3.5) added, (HB 22-1214), ch. 142, p. 937, � 1, effective April 27; (10) added, (HB 22-1052), ch. 453, p. 3255, � 2, effective June 8; (2), (3)(a), (5), IP(6), IP(7), (7)(b), (8), and (9), amended, (HB 22-1278), ch. 222, p. 1520, � 89, effective July 1; (3) amended, (HB 22-1256), ch. 451, p. 3239, � 55, effective August 10; (3)(a) amended, (HB 22-1278), ch. 222, p. 1601, � 251, effective August 10. L. 2023: (6.5) added, (HB 23-1236), ch. 206, p. 1064, � 33, effective May 16; (1) and (3.5) amended, (HB 23-1301), ch. 303, p. 1837, � 67, effective August 7.
Editor's note: (1) Amendments to subsection (3)(a) by HB 22-1256 and HB
22-1278 were harmonized.
(2) Amendments to subsection (3)(b) by HB 22-1256 and HB 22-1214 were
harmonized.
Cross references: For the legislative declaration in SB 17-207, see section 1
of chapter 205, Session Laws of Colorado 2017.
C.R.S. § 27-60-204
27-60-204. Care coordination infrastructure - implementation - care navigation program - creation - report - rules - definition. (1) Care coordination infrastructure. (a) No later than July 1, 2024, the BHA, in collaboration with the department of health care policy and financing, shall develop a statewide care coordination infrastructure to drive accountability and more effective behavioral health navigation to care that builds upon and collaborates with existing care coordination services. The infrastructure must include:
(I) A website and mobile application that serves as a centralized gateway for
information for patients, providers, and care coordination and that facilities access and navigation of behavioral health-care services and support; and
(II) A cloud-based platform to allow providers that do not utilize an electronic
health record to actively participate in the care coordination infrastructure.
(b) The BHA shall convene a working group of geographically and
demographically diverse partners and stakeholders, including those with lived and professional experience, to provide feedback and recommendations that inform and guide the development of the statewide care coordination infrastructure developed pursuant to subsection (1)(a) of this section.
(c) The department of health care policy and financing, the division of
insurance in the department of regulatory agencies, and the working group created pursuant to subsection (1)(b) of this section shall determine how medicaid and private insurance existing care coordination services are aligned with the statewide care coordination infrastructure described in subsection (1)(a) of this section.
(d) The BHA shall implement, directly or through a contractor, a
comprehensive and robust marketing and outreach plan to make Coloradans aware of the website, mobile application, cloud-based platform, and associated care coordination services developed pursuant to subsection (1)(a) of this section.
(2) The BHA shall ensure navigators are available through the website and
mobile application developed pursuant to subsection (1)(a) of this section, as well as in specific regional locations. The statewide care coordination infrastructure is responsible for providing regional access to care coordination services.
(3) The BHA shall utilize behavioral health administrative services
organizations established pursuant to part 4 of article 50 of this title 27 to help individuals and families initiate care and ensure timely access to person-centered, trauma-informed, and culturally responsive quality crisis supports; mental health and substance use disorder services; and preventive care services, including services that address the social determinants of health. When possible, the care coordination infrastructure must integrate with other health-care system resources to serve individuals with complex needs.
(4) In implementing the care coordination infrastructure developed pursuant
to subsection (1) of this section, the BHA shall:
(a) Train new and existing navigators on the behavioral health safety net
system services for children, youth, and adults, behavioral health service delivery procedures, and social determinants of health resources. At a minimum, the BHA shall train existing managed care entity providers, employees of the 988 crisis hotline enterprise created in section 27-64-103, 911 dispatchers, BHA care coordinators and navigators, and other providers participating in other safety net provider settings;
(b) Ensure that the care coordination infrastructure can direct individuals
where to seek in-person or virtual navigation support;
(c) Ensure that the administrative burden associated with provider
enrollment and credentialing for navigators and care coordination providers is minimal;
(d) As part of the annual report submitted pursuant to section 27-50-204,
include a summary of outcomes for individuals who access the statewide care coordination infrastructure; and
(e) Ensure the 988 crisis hotline established pursuant to article 64 of this
title 27:
(I) Responds to anyone experiencing a mental health or substance use crisis;
(II) Documents referrals and transfers of care of persons with one or more
community-based service providers, such as care coordination and care navigation services; and
(III) Includes connections to:
(A) The forthcoming Colorado behavioral health resource navigation system,
which more quickly links individuals in crisis with available services;
(B) The statewide and regional care coordination system;
(C) Peer support services; and
(D) The behavioral health crisis response system created pursuant to section
27-60-103.
(5) Each behavioral health administrative services organization established
pursuant to part 4 of article 50 of this title 27 shall:
(a) Utilize navigators trained in the use of the care coordination
infrastructure pursuant to subsection (4)(a) of this section to identify community-based and social determinants of health services and capacity, including on-the-ground local support to encourage participation and engagement in services;
(b) Utilize navigators and coordinators to support individuals in connecting to
the safety net system created pursuant to part 3 of article 50 of this title 27, including services not covered by an individual's insurance;
(c) Monitor and report quarterly on the safety net system and safety net
providers to support accountability in connecting individuals to services and the delivery of those services to individuals with the highest needs;
(d) Support continued connection with the safety net system after an
individual is discharged from hospitalization, the criminal justice system, an emergency department, or other behavioral health facilities, including withdrawal management facilities and jails, by building multi-sector, multi-system referral and outcome tracking into the care coordination system;
(e) Require contracted providers to use the statewide care coordination
system, report on outcomes, including how and when individuals accessed care, and work collaboratively with the care coordination entity to ensure individuals receive needed services in a timely manner; and
(f) Any other duties required by law or the BHA.
(6) Beginning January 2025, and each January thereafter, the department of
health care policy and financing shall assess the care coordination services provided by managed care entities and provide a report as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203. At a minimum, the report must include:
(a) The number of individuals served by each managed care entity through
care coordination;
(b) Data on care coordination services provided by each managed care entity,
including follow-up contacts to ensure clients were connected to services;
(c) Data on efforts made to reconnect with individuals who did not initially
follow through on care coordination services;
(d) Data on referrals to community-based services and follow-up services by
each managed care entity for individuals served through care coordination services; and
(e) Data on the utilization of care navigation services pursuant to subsection
(9) of this section in accordance with state and federal health-care privacy laws.
(7) The BHA and any person that receives money from the state department
shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(8) Repealed.
(9) Care navigation program. (a) As used in this section, engaged client
means an individual who is interested in and willing to engage in substance use disorder treatment and recovery services or other treatment services either for the individual or an affected family member or friend.
(b) Subject to available appropriations, the BHA shall implement a care
navigation program to assist engaged clients in obtaining access to treatment for substance use disorders. At a minimum, services available statewide must include independent screening of the treatment needs of the engaged client using nationally recognized screening criteria to determine the correct level of care; the identification of licensed or accredited substance use disorder treatment options, including social and medical detoxification services, medication-assisted treatment, and inpatient and outpatient treatment programs; and the availability of various treatment options for the engaged client.
(c) To implement the care navigation program, the BHA shall, directly or
through contract, provide care navigation services and align the care navigation services with the care coordination infrastructure established pursuant to this section.
(d) The state board may promulgate any rules necessary to implement the
care navigation program.
Source: L. 2021: Entire section added, (SB 21-137), ch. 362, p. 2374, � 19,
effective June 28. L. 2022: Entire section amended, (SB 22-177), ch. 223, p. 1607, � 2, effective July 1; (1)(a), (1)(b), (1)(d), and (2) amended, (HB 22-1278), ch. 222, p. 1533, � 103, effective July 1. L. 2023: IP(1)(a), (6)(c), and (6)(d) amended, (6)(e) added, and (9) added with relocations, (HB 23-1236), ch. 206, p. 1064, � 34, effective May 16.
Editor's note: (1) Subsection (8)(b) provided for the repeal of subsection (8),
effective July 1, 2023. (See L. 2022, p. 1607.)
(2) Subsections (9)(a), (9)(b), (9)(c), and (9)(d) are similar to former � 27-80-119 (2), (3), (4), and (7), respectively, as they existed prior to 2023.
Cross references: (1) For the short title (Behavioral Health Recovery Act of
2021) and the legislative declaration in SB 21-137, see sections 1 and 2 of chapter 362, Session Laws of Colorado 2021.
(2) For the legislative declaration in SB 22-177, see section 1 of chapter 223,
Session Laws of Colorado 2022.
C.R.S. § 27-63-105
27-63-105. Safety net system implementation - safety net system criteria. (1) No later than January 1, 2024, the department shall implement the comprehensive proposal and the funding model developed pursuant to section 27-63-104 (2), which shall meet the following criteria:
(a) The safety net system must not refuse to treat an individual, including
youth, based on the following:
(I) The individual's insurance coverage, lack of insurance coverage, or ability
or inability to pay for behavioral health services;
(II) The individual's clinical acuity level related to the individual's behavioral
health disorder, including whether the individual has been certified pursuant to article 65 of this title 27;
(III) The individual's readiness to transition out of the Colorado mental health
institute at Pueblo, the Colorado mental health institute at Fort Logan, or any other mental health institute because the individual no longer requires inpatient care and treatment;
(IV) The individual's involvement in the criminal or juvenile justice system;
(V) The individual's current involvement in the child welfare system;
(VI) The individual's co-occurring mental health and substance use disorders,
physical disability, or intellectual or developmental disability; or
(VII) The individual's displays of aggressive behavior, or history of aggressive
behavior, as a result of a symptom of a diagnosed mental health disorder or substance intoxication;
(b) The safety net system must:
(I) Proactively engage hard-to-serve individuals with adequate case
management and care coordination throughout the care continuum;
(II) Promote competency in de-escalation techniques;
(III) Utilize adequate networks for timely access to treatment, including high-intensity behavioral health treatment and community treatment for children, youth,
adults, and other individuals;
(IV) Require collaboration with all local law enforcement jurisdictions and
counties in the service area, including county departments of human or social services;
(V) Triage individuals who need alternative services outside the scope of the
safety net system;
(VI) Promote patient-centered care and cultural awareness;
(VII) Update information as requested by the department about available
treatment options and outcomes in each region of the state;
(VIII) Utilize evidence-based or evidence-informed programming to promote
quality services; and
(IX) Meet any other criteria established by the department.
(2) The safety net system must have a network of behavioral health-care
providers that collectively offer a full continuum of services to ensure individuals with severe behavioral health disorders are triaged in a timely manner to the appropriate care setting if an individual behavioral health-care provider is unable to provide ongoing care and treatment for the individual. The departent shall consider behavioral health safety net providers, behavioral health administrative services organizations, contractors for the statewide behavioral health crisis response system, and other behavioral health community providers as key elements in the behavioral health safety net system.
Source: L. 2019: Entire article added, (SB 19-222), ch. 226, p. 2269, � 6,
effective May 20. L. 2022: (2) amended, (HB 22-1278), ch. 222, p. 1597, � 243, effective August 10.
C.R.S. § 27-67-103
27-67-103. Definitions. As used in this article 67, unless the context otherwise requires:
(1) Behavioral health administration or BHA means the behavioral health
administration established in section 27-50-102.
(1.3) Behavioral health safety net provider has the same meaning as
defined in section 27-50-101.
(1.5) Care management includes, but is not limited to, consideration of the
continuity of care and array of services necessary for appropriately treating a child or youth and the decision-making authority regarding the child's or youth's placement in and discharge from behavioral health services.
(2) Child or youth at risk of out-of-home placement means a child or youth
who, although not otherwise categorically eligible for medicaid, meets the following criteria:
(a) The child or youth has been diagnosed as having a mental health disorder,
as defined in section 27-65-102;
(b) The child or youth requires a level of care that is provided in a residential
child care facility pursuant to section 25.5-6-903, or that is provided through community-based programs, and who, without such care, is at risk of unwarranted child welfare involvement or other system involvement, as described in section 27-67-102, in order to receive funding for treatment;
(c) If the child or youth is determined to be in need of placement in a
residential child care facility, he or she shall apply for supplemental security income, but any determination for supplemental security income must not be a criterion for a child or youth to receive services pursuant to this article 67;
(d) The child or youth is a person for whom there is no pending or current
action in dependency or neglect pursuant to article 3 of title 19; and
(e) The child or youth is younger than eighteen years of age, but he or she
may continue to remain eligible for services until his or her twenty-first birthday.
(2.5) Commissioner means the commissioner of the behavioral health
administration.
(3) Community-based care means any intervention that is designed to be
an alternative to residential or hospital level of care in which the child or youth resides within a noninstitutional setting.
(4) Repealed.
(5) County department means the county or district department of human
or social services.
(6) Family advocate has the same meaning as provided in section 27-69-102 (5).
(7) Family systems navigator has the same meaning as provided in section
27-69-102 (5.5).
(8) First-level appeal means the initial process a medicaid member is
required to enact to contest a benefit, service, or eligibility decision made by medicaid or a medicaid managed care entity.
(9) Medicaid child or youth who is at risk of out-of-home placement means
a child or youth who is categorically eligible for medicaid but who otherwise meets the definition of a child or youth who is at risk of out-of-home placement as defined in subsection (2) of this section.
(10) Mental health agency means a behavioral health services contractor
through the behavioral health administration serving children and youth statewide or in a particular geographic area and with the ability to meet all expectations of this article 67.
(11) Professional person means a person licensed to practice medicine in
this state, a psychologist certified to practice in this state, or a person licensed and in good standing to practice medicine in another state or a psychologist certified to practice and in good standing in another state who is providing medical or clinical services at a treatment facility in this state that is operated by the armed forces of the United States, the United States public health service, or the United States department of veterans affairs.
(12) Repealed.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p.
708, � 2, effective April 29. L. 2017: IP, (2)(a), and IP(3) amended, (SB 17-242), ch. 263, p. 1350, � 247, effective May 25. L. 2018: Entire section R&RE, (HB 18-1094), ch. 343, p. 2038, � 3, effective June 30; (5) amended, (SB 18-092), ch. 38, p. 453, � 139, effective August 8; (2)(b) amended, (HB 18-1328), ch. 184, p. 1244, � 7, effective June 7, 2019. L. 2022: (1) and (10) amended, (1.5) and (2.5) added, and (12) repealed, (HB 22-1278), ch. 222, p. 1545, � 136, effective July 1; (2)(a) amended, (HB 22-1256), ch. 451, p. 3236, � 44, effective August 10; (1.3) added and (10) amended, (HB 22-1278), ch. 222, p. 1594, � 236, effective July 1, 2024; (4)(b) added by revision, (HB 22-1278), ch. 222, pp. 1594, 1605, �� 236, 263.
Editor's note: (1) This section is similar to former � 27-10.3-103 as it existed
prior to 2010.
(2) Section 10 of chapter 184 (HB 18-1328), Session Laws of Colorado 2018,
provides that section 7 of the act changing subsection (2)(b) takes effect upon notice to the revisor of statutes pursuant to section 25.5-5-306 (6) as enacted in section 2 of the act. For more information, see HB 18-1328. (L. 2018, p. 1247.) On August 14, 2019, the revisor of statutes received the notice referred to in � 25.5-5-306 (6) that the federal department of health and human services approved the waiver on June 7, 2019.
(3) (a) Subsection (5) was numbered as subsection (4) in SB 18-092. That
provision was harmonized with and relocated to subsection (5) as it appears in HB 18-1094.
(b) Amendments to subsection (2)(b) by HB 18-1094 and HB 18-1328 were
harmonized, effective June 7, 2019.
(4) Amendments to subsection (10) by sections 136 and 236 of HB 22-1278
were harmonized, effective July 1, 2024.
(5) Subsection (4)(b) provided for the repeal of subsection (4), effective July
1, 2024. (See L. 2022, pp. 1594, 1605.)
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1328, see section 1 of chapter 184, Session Laws of Colorado 2018.
C.R.S. § 27-80-106
27-80-106. Purchase of prevention and treatment services. (1) Using money appropriated for purposes of this section or available from any other governmental or private source, the BHA may purchase services for prevention or for the treatment of alcohol and drug abuse or substance use disorders or both types of services on a contract basis from any tribal nation or any public or private agency, organization, or institution approved by the BHA. The services purchased may be any of those provided through a public program, as set forth in section 27-80-103 (2). In contracting for services, the BHA shall attempt to obtain services that are in addition to, and not a duplication of, existing available services or services that are of a pilot or demonstration nature. An agency operating a public program may also purchase services on a contract basis.
(2) (a) In addition to the services purchased pursuant to subsection (1) of this
section, using money appropriated for purposes of this section or available from any other governmental or private source, the BHA may purchase services for the treatment of alcohol and drug abuse or substance use disorders on a contract basis from a behavioral health administrative services organization for a designated service area as set forth in section 27-80-107. A public or private agency, organization, or institution approved by the BHA through the process set forth in section 27-80-107 may be designated as a behavioral health administrative services organization.
(b) Behavioral health administrative services organizations receiving money
pursuant to this subsection (2) shall comply with all relevant provisions of and rules promulgated pursuant to this article 80.
(3) Repealed.
(4) As of July 1, 2022, the department of public health and environment is the
state department responsible for the administration of prevention services pursuant to this section.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p.
724, � 2, effective April 29. L. 2017: Entire section amended, (SB 17-242), ch. 263, p. 1355, � 257, effective May 25. L. 2019: (3) added, (SB 19-228), ch. 276, p. 2605, � 9, effective May 23. L. 2022: (1) and (2)(a) amended and (4) added, (HB 22-1278), ch. 222, p. 1551, � 147, effective July 1; (2)(a) and (2)(b) amended, (HB 22-1278), ch. 222, p. 1597, � 245, effective August 10.
Editor's note: (1) This section is similar to former � 25-1-206 as it existed
prior to 2010.
(2) Subsection (3)(c) provided for the repeal of subsection (3), effective
September 1, 2020. (See L. 2019, p. 2605.)
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017.
C.R.S. § 27-80-107
27-80-107. Designation of managed service organizations - purchase of services - revocation of designation. (1) The behavioral health administration shall establish designated service areas to provide substance use disorder treatment and recovery services in a particular geographical region of the state.
(2) To be selected as a designated managed service organization to provide
services in a particular designated service area, a private corporation, for profit or not for profit, or a public agency, organization, or institution shall apply to the behavioral health administration for a designation in the form and manner specified by the commissioner or the commissioner's designee. The designation process is in lieu of a competitive bid process pursuant to the Procurement Code, articles 101 to 112 of title 24. The commissioner or the commissioner's designee shall make the designation based on factors established by the commissioner or the commissioner's designee. The factors for designation established by the executive director or the executive director's designee include the following:
(a) Whether the managed service organization has experience working with
public treatment agencies and collaborating with other public agencies;
(b) Whether the managed service organization has experience working with
publicly funded clients, including expertise in treating priority populations designated by the behavioral health administration;
(c) Whether the managed service organization has offices in and provides
services in the substate planning area or is willing to relocate to the substate planning area;
(d) Whether the managed service organization has experience using the
cost-share principles used by the behavioral health administration in its contracts with providers and is willing to cost-share;
(e) Whether the managed service organization has developed an effective,
integrated information and fiscal reporting system and has experience working with and is able to comply with state and federal reporting requirements;
(f) Whether the managed service organization has experience engaging in a
clinical quality improvement process; and
(g) Whether the managed service organization has experience with public
funding requirements and state contracting requirements.
(2.5) (a) On or before January 1, 2023, in order to promote transparency and
accountability, the behavioral health administration shall require each managed service organization that has twenty-five percent or more ownership by providers of behavioral health services to comply with the following conflict of interest policies:
(I) Providers who have ownership or board membership in a managed service
organization shall not have control, influence, or decision-making authority in how funding is distributed to any provider or the establishment of provider networks.
(II) The behavioral health administration shall quarterly review a managed
service organization's funding allocation to ensure that all providers are being equally considered for funding. The behavioral health administration is authorized to review any other pertinent information to ensure the managed service organization is meeting state and federal rules and regulations and is not inappropriately giving preference to providers with ownership or board membership.
(III) An employee of a contracted provider of a managed service organization
shall not also be an employee of the managed service organization unless the employee is a medical director for the managed service organization. If the medical director is also an employee of a provider that has board membership or ownership in the managed service organization, the managed service organization shall develop policies, approved by the commissioner of the behavioral health administration, to mitigate any conflict of interest the medical director may have.
(IV) A managed service organization's board shall not have more than fifty
percent of contracted providers as board members, and the managed service organization is encouraged to have a community member on the managed service organization's board.
(b) If the office is unable to contract with a managed service organization
that meets the requirements of this subsection (2.5), the office may designate another existing managed service organization to temporarily provide the services for that region, for up to one year, pending designation of a new managed service organization. If the office is unable to designate a new managed service organization, the temporary managed service organization may continue to provide the regional substance use disorder services on a year by year basis.
(c) As used in this subsection (2.5), unless the context otherwise requires:
(I) Medical director means a physician who oversees the medical care and
other designated care and services in a managed service organization. The medical director may be responsible for helping to develop clinical quality management and utilization management.
(II) Ownership means an individual who is a legal proprietor of an
organization, including a provider or individual who owns assets of an organization, or has a financial stake, interest, or governance role in the managed service organization.
(3) The designation of a managed service organization by the commissioner,
as described in subsection (2) of this section, is an initial decision of the department that may be reviewed by the executive director in accordance with the provisions of section 24-4-105. Review by the executive director in accordance with section 24-4-105 constitutes final agency action for purposes of judicial review.
(4) (a) The terms and conditions for providing substance use disorder
treatment and recovery services must be specified in the contract entered into between the behavioral health administration and the designated managed service organization. Contracts entered into between the behavioral health administration and the designated managed service organization must include terms and conditions prohibiting a designated managed service organization contracted treatment provider from denying or prohibiting access to medication-assisted treatment, as defined in section 23-21-803, for a substance use disorder.
(b) Contracts entered into between the behavioral health administration and
the designated managed service organization must include terms and conditions that outline the expectations for the designated managed service organization to invest in the state's recovery services infrastructure, which include peer-run recovery support services and specialized services for underserved populations. Investments are based on available appropriations.
(5) The contract may include a provisional designation for ninety days. At the
conclusion of the ninety-day provisional period, the commissioner may choose to revoke the contract or, subject to meeting the terms and conditions specified in the contract, may choose to extend the contract for a stated time period.
(6) A managed service organization that is designated to serve a designated
service area may subcontract with a network of service providers to provide treatment and recovery services for alcohol and drug abuse and substance use disorders within the particular designated service area.
(7) (a) The commissioner may revoke the designation of a designated
managed service organization upon finding that the managed service organization is in violation of the performance of the provisions of or rules promulgated pursuant to this article 80. The revocation must conform to the provisions and procedures specified in article 4 of title 24, and occur only after notice and an opportunity for a hearing is provided as specified in article 4 of title 24. A hearing to revoke a designation as a designated managed service organization constitutes final agency action for purposes of judicial review.
(b) Once a designation has been revoked pursuant to subsection (7)(a) of this
section, the commissioner may designate one or more service providers to provide the treatment services pending designation of a new designated managed service organization or may enter into contracts with subcontractors to provide the treatment services.
(c) From time to time, the commissioner may solicit applications from
applicants for managed service organization designation to provide substance use disorder treatment and recovery services for a specified planning area or areas.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p.
724, � 2, effective April 29. L. 2017: (1), IP(2), (2)(b), (2)(d), (3), (4), (5), (6), and (7) amended, (SB 17-242), ch. 263, p. 1355, � 258, effective May 25. L. 2020: (4) amended, (SB 20-007), ch. 286, p. 1390, � 2, effective July 13. L. 2021: (1), (4), (6), and (7)(c) amended, (HB 21-1021), ch. 256, p. 1510, � 3, effective September 7. L. 2022: (2.5) added, (SB 22-106), ch. 196, p. 1312, � 3, effective May 20. L. 2023: (1), IP(2), (2)(b), (2)(d), IP(2.5)(a), (2.5)(a)(II), (3), (4), (5), and (7) amended, (HB 23-1236), ch. 206, p. 1067, � 42, effective May 16.
Editor's note: This section is similar to former � 25-1-206.5 as it existed prior
to 2010.
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017.
C.R.S. § 27-80-117
27-80-117. Rural alcohol and substance abuse prevention and treatment program - creation - administration - cash fund - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Program means the rural alcohol and substance abuse prevention and
treatment program created pursuant to subsection (2) of this section that shall consist of the rural youth alcohol and substance abuse prevention and treatment project and the rural detoxification project.
(b) Rural area means a county with a population of less than thirty
thousand people, according to the most recently available population statistics of the United States bureau of the census.
(c) Youth means an individual who is at least eight years of age but who is
less than eighteen years of age.
(2) (a) (I) There is created the rural alcohol and substance abuse prevention
and treatment program in the BHA to provide:
(A) Prevention and treatment services to youth in rural areas. The services
may include providing alternative activities for youth through the rural youth alcohol and substance abuse prevention and treatment project; and
(B) Treatment services through the rural detoxification project for persons
with substance use disorders.
(II) The BHA shall administer the program pursuant to rules adopted by the
state board of human services as of January 1, 2010, or as amended by the state board.
(b) The BHA shall incorporate provisions to implement the program into its
regular contracting mechanism for the purchase of prevention and treatment services pursuant to section 27-80-106, including detoxification programs. The BHA shall develop a method to equitably distribute and provide additional money through contracts to provide for prevention services for and treatment of persons in rural areas.
(c) Notwithstanding any provision of this section to the contrary, the BHA
shall implement the program on or after January 1, 2011, subject to the availability of sufficient money to operate an effective program, as determined by the BHA.
(3) (a) There is created in the state treasury the rural alcohol and substance
abuse cash fund, referred to in this section as the fund, that consists of the rural youth alcohol and substance abuse prevention and treatment account, referred to in this section as the youth account, and the rural detoxification account, referred to in this section as the detoxification account. The fund is comprised of money collected from surcharges assessed pursuant to sections 18-19-103.5, 42-4-1307 (10)(d)(I), and 42-4-1701 (4)(f). The money collected from the surcharges must be divided equally between the youth account and the detoxification account. The fund also includes any money credited to the fund pursuant to subsection (3)(b) of this section. Money in the fund credited pursuant to subsection (3)(b) of this section must be divided equally between the youth account and the detoxification account unless the grantee or donor specifies to which account the grant, gift, or donation is to be credited. The money in the fund is subject to annual appropriation by the general assembly to the BHA for the purpose of implementing the program. All interest derived from the deposit and investment of money in the fund remains in the fund. Any unexpended or unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be transferred or credited to the general fund or another fund; except that any unexpended and unencumbered money remaining in the fund as of August 30, 2030, is credited to the general fund.
(b) The BHA is authorized to accept grants, gifts, or donations from any
private or public source on behalf of the state for the purpose of the program. The BHA shall transmit all private and public money received through grants, gifts, or donations to the state treasurer, who shall credit the same to the fund.
(3.5) As of July 1, 2022, the department of public health and environment is
the state department responsible for the administration of prevention services pursuant to this section.
(4) (a) This section is repealed, effective September 1, 2030.
(b) Prior to such repeal, the program shall be reviewed as provided in section
24-34-104, C.R.S.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p.
730, � 2, effective April 29; (3)(a) amended, (HB 10-1347), ch. 258, p. 1159, � 6, effective July 1. L. 2016: (3)(a) and (4)(a) amended, (HB 16-1168), ch. 93, p. 261, � 1, effective April 14. L. 2017: (2) and (3) amended, (SB 17-242), ch. 263, p. 1359, � 265, effective May 25. L. 2022: IP(2)(a)(I), (2)(a)(II), (2)(b), (2)(c), and (3), amended and (3.5) added, (HB 22-1278), ch. 222, p. 1558, � 155, effective July 1. L. 2025: (3)(a) and (4)(a) amended, (SB 25-195), ch. 243, p. 1229, � 2, effective August 6.
Editor's note: (1) This section is similar to former � 25-1-217 as it existed prior
to 2010.
(2) Subsection (3)(a) was numbered as � 25-1-217 (3)(a) in House Bill 10-1347
(see L. 2010, p. 1159) but was relocated due to its harmonization with this section as it was added by Senate Bill 10-175.
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017.
C.R.S. § 27-90-111
27-90-111. Employment of personnel - screening of applicants - disqualifications from employment - contracts - rules - definitions. (1) The general assembly recognizes that many of the individuals receiving services from department employees pursuant to title 26 or this title 27 are unable to defend themselves and are therefore vulnerable to abuse or assault. It is the intent of the general assembly to minimize the potential for hiring and employing persons with a propensity toward abuse, assault, or similar offenses against others for positions that would provide them with unsupervised access to vulnerable persons. The general assembly declares that, in accordance with section 13 of article XII of the state constitution, for purposes of terminating employees in the state personnel system who are finally convicted of criminal conduct, offenses involving moral turpitude include, but are not limited to, the disqualifying offenses specified in subsection (9) of this section.
(2) For purposes of this section, unless the context otherwise requires:
(a) Contracting agency means an agency, corporation, nonprofit entity, or
any other outside entity that contracts with the department to provide services pursuant to title 26 or this title 27 and that provides services that involve direct contact with vulnerable persons.
(b) Conviction means a verdict of guilty by a judge or jury or a plea of guilty
or nolo contendere that is accepted by the court or adjudication for an offense that would constitute a criminal offense if committed by an adult. Conviction also includes having received a deferred judgment and sentence or deferred adjudication; except that a person shall not be deemed to have been convicted if the person has successfully completed a deferred sentence or deferred adjudication.
(b.5) Department employee means an employee of the department who is
employed through the state personnel system of the state of Colorado.
(c) Direct contact means providing face-to-face care, training, supervision,
counseling, consultation, or medication assistance to vulnerable persons, regardless of the level of supervision of the department employee. Direct contact may include positions in which persons have access to or unsupervised time with clients or patients, including but not limited to maintenance personnel, housekeeping staff, kitchen staff, and security personnel.
(d) Repealed.
(d.5) Independent contractor means an individual who contracts directly
with the department and who is designated, by the executive director or the executive director's designee, as serving in a contract position involving direct contact with vulnerable persons.
(e) Vulnerable person means any individual served by the department who
is susceptible to abuse or mistreatment because of the individual's circumstances, including but not limited to the individual's age, disability, frailty, behavioral or mental health, intellectual and developmental disability, or ill health.
(3) The employment screening and disqualification requirements in this
section apply to the following facilities or programs operated by the department:
(a) Any facility operated by the department for the care and treatment of
persons with a mental health disorder pursuant to article 65 of this title 27;
(b) Any facility operated by the department for the care and treatment of
persons with intellectual and developmental disabilities pursuant to article 10.5 of this title 27;
(c) Repealed.
(d) Any direct services identified and provided by the department in which
department employees, independent contractors, or contracting agencies have direct contact with vulnerable persons in a state-operated facility or in a vulnerable person's home or residence;
(e) Veterans community living centers operated pursuant to article 12 of title
26, C.R.S.;
(f) Any facility directly operated by the department in which juveniles who
are in the custody of the department reside, including detention or commitment centers; and
(g) Any secure facility contracted for by the department pursuant to section
19-2.5-1502 in which juveniles who are in the custody of the department reside.
(4) Prior to the department's permanent employment of a person in a
position that would require that person to have direct contact with a vulnerable person, the executive director or any division head of the department shall make an inquiry to the director of the Colorado bureau of investigation to ascertain whether the person has a criminal history. The person's employment is conditional upon a satisfactory state and national fingerprint-based criminal history record check. A record check conducted pursuant to this subsection (4) must include but need not be limited to arrests, conviction records, and the disposition of any criminal charges. The department shall require the person to have the person's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation. If an approved third party takes the person's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant information for more than thirty days unless requested to do so by the applicant. The department shall forward those fingerprints to the Colorado bureau of investigation for the purpose of fingerprint processing utilizing the files and records of the Colorado bureau of investigation and the federal bureau of investigation. When the results of a fingerprint-based criminal history record check of a person performed pursuant to this section reveal a record of arrest without a disposition, the department shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d). The department shall pay for the costs of record checks conducted pursuant to this section out of existing appropriations.
(5) The executive director or any division head shall contact previous
employers of any person who is one of the top three finalists for a position that would require that person to have direct contact with any vulnerable person, for the purpose of obtaining information and recommendations that may be relevant to the person's fitness for employment. Any previous employer of an applicant for employment who provides information to the executive director or a division head or who makes a recommendation concerning the person shall be immune from civil liability unless the information is false and the previous employer knows such information is false or acts with reckless disregard concerning the veracity of the information.
(6) Any local agency or provider of services pursuant to this title or title 26,
C.R.S., may investigate applicants for employment.
(7) The executive director, any division head, or any local agency or provider
who relies on information obtained pursuant to this section in making an employment decision or who concludes that the nature of any information disqualifies the person from employment as either a department employee or an independent contractor is immune from civil liability for that decision or conclusion unless the information relied upon is false and the executive director, division head, or local agency or provider knows the information is false or acts with reckless disregard concerning the veracity of the information.
(8) The executive director may promulgate such rules as are necessary to
implement the provisions of this section.
(9) (a) If the criminal history record check conducted pursuant to subsection
(4) or (11) of this section indicates that a prospective department employee or prospective independent contractor was convicted of any of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section, the person is disqualified from employment either as a department employee or as an independent contractor in a position involving direct contact with vulnerable persons. The department shall not hire or retain a person who is disqualified as a result of this section for a position involving direct contact with vulnerable persons nor is the person eligible to contract for or continue in a contract position designated by the executive director or the executive director's designee as involving direct contact with vulnerable persons.
(b) Except as otherwise provided in subsection (9)(d) of this section, a person
is disqualified from employment either as a department employee or as an independent contractor, regardless of the length of time that may have passed since the discharge of the sentence imposed for any of the following criminal offenses:
(I) A crime of violence, as defined in section 18-1.3-406, C.R.S.;
(II) Any felony offense involving unlawful sexual behavior, as defined in
section 16-22-102 (9), C.R.S.;
(III) Any felony, the underlying factual basis of which has been found by the
court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(IV) Any felony offense of child abuse, as defined in section 18-6-401, C.R.S.;
or
(V) Any felony offense in any other state, the elements of which are
substantially similar to the elements of any of the offenses described in subparagraph (I), (II), (III), or (IV) of this paragraph (b).
(c) Except as otherwise provided in subsection (9)(d) of this section, a person
is disqualified from employment either as a department employee or as an independent contractor if less than ten years have passed since the person was discharged from a sentence imposed for conviction of any of the following criminal offenses:
(I) Third degree assault, as described in section 18-3-204, C.R.S.;
(II) Any misdemeanor, the underlying factual basis of which has been found
by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3, C.R.S.;
(III) Violation of a protection order, as described in section 18-6-803.5, C.R.S.;
(IV) Any misdemeanor offense of child abuse, as defined in section 18-6-401,
C.R.S.;
(V) Any misdemeanor offense of sexual assault on a client by a
psychotherapist, as defined in section 18-3-405.5, C.R.S.; or
(VI) Any misdemeanor offense in any other state, the elements of which are
substantially similar to the elements of any of the offenses described in subparagraph (I), (II), (III), (IV), or (V) of this paragraph (c).
(d) If a person was adjudicated a juvenile delinquent for the commission of
any disqualifying offense set forth in either paragraph (b) or (c) of this subsection (9) and more than seven years have elapsed since the commission of the offense, the person may submit a written request to the executive director as provided in subsection (13) of this section for reconsideration of the disqualification.
(10) (a) Any department employee who is employed in a position involving
direct contact with vulnerable persons and who is arrested, charged with, or issued a summons and complaint for any of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section shall inform his or her supervisor of the arrest, charges, or issuance of a summons and complaint before returning to work. Any department employee who fails to make such a report or disclosure may be terminated from employment. The department or any facility operated by the department shall advise its employees and independent contractors in writing of the requirement for self-reporting of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section.
(b) Any department employee who is charged with any of the disqualifying
offenses set forth in subsection (9)(b) of this section must be suspended until resolution of the criminal charges or completion of administrative action by the department. A department employee who is charged with any of the disqualifying offenses set forth in subsection (9)(c) of this section may be suspended at the discretion of the department until resolution of the criminal charges or completion of administrative action by the department. The department employee shall inform his or her supervisor of the disposition of the criminal charges. Any department employee who fails to report such information may be terminated from employment. Upon notification to the department that the department employee has received a conviction for any of the disqualifying offenses described in subsection (9)(b) or (9)(c) of this section, the department employee must be terminated from employment. Nothing in this subsection (10)(b) prohibits the department from taking administrative action if the department employee's conduct would justify disciplinary action under section 13 of article XII of the state constitution for failure to comply with standards of efficient service or competence or for willful misconduct, willful failure, or inability to perform his or her duties.
(11) The general assembly recognizes that the department contracts with
persons to serve in positions that involve direct contact with vulnerable persons in state-operated facilities or to provide state-funded services that involve direct contact with vulnerable persons in the homes and residences of such vulnerable persons. In order to protect vulnerable persons who come into contact with these independent contractors, the executive director or his or her designee shall designate those contract positions that involve direct contact with vulnerable persons that are subject to the provisions of this subsection (11). In any contract initially entered into or renewed on or after July 1, 1999, concerning a contract position that has been designated as involving direct contact with vulnerable persons, the department shall include the following terms and conditions:
(a) That the independent contractor shall submit to a state and national
fingerprint-based criminal history record check as described in subsection (4) of this section for state employees; except that the independent contractor shall bear the cost of such criminal history record checks;
(b) That the independent contractor shall report any arrests, charges, or
summonses for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section to the independent contractor's supervisor at the department before returning to work;
(c) That the independent contractor may be suspended or terminated, at the
discretion of the department, prior to the resolution of the criminal charges for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section;
(d) That, upon notification to the department that the independent
contractor has been convicted for any of the disqualifying offenses described in subsection (9)(b) or (9)(c) of this section, the independent contractor's position with the department must be terminated.
(11.5) (a) The general assembly also recognizes that the department
contracts with outside contracting agencies for services where the contracting agency's employees will have direct contact with vulnerable persons who receive services pursuant to title 26 and this title 27. To protect vulnerable persons who come into contact with employees of a contracting agency, the executive director, or his or her designee, shall designate those contracts that will involve direct contact with vulnerable persons and that are therefore subject to the provisions of this subsection (11.5). Any contract with a contracting agency that is initially entered into or is renewed on or after July 1, 2018, and that has been designated as a contract that involves direct contact with vulnerable persons, must include the following terms and conditions:
(I) The contracting agency shall submit its employees who will have direct
contact with vulnerable persons as a result of the contract to a state and national fingerprint-based criminal history record check. The contracting agency shall provide the information required by subsection (4) of this section to the executive director or any division head of the department who works directly with the contracting agency.
(II) That the contracting agency shall require its employees who will have
direct contact with vulnerable persons as a result of the contract to report any arrests, charges, or summonses for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section to the contracting agency's supervisor before returning to work. The contracting agency's supervisor shall immediately notify the executive director or the respective division head of the department who works directly with the contracting agency upon notification of any such report made by an employee.
(III) That the contracting agency may be required to remove an employee
from having direct contact with vulnerable persons, at the discretion of the department, prior to the resolution of the criminal charges for any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section;
(IV) That, upon notification to the department that the contracting agency's
employee who has direct contact with vulnerable persons as a result of the contract has been convicted of any of the disqualifying offenses specified in subsection (9)(b) or (9)(c) of this section, such employee is no longer permitted to work in any capacity with the department where he or she would have direct contact with vulnerable persons as a result of the contract; and
(V) That, if the contracting agency fails to comply with subsections (11.5)(a)(I)
to (11.5)(a)(IV) of this section, the contract may be immediately terminated.
(b) If the contracting agency is also licensed pursuant to section 26-6-905
and has conducted a criminal history record check pursuant to section 26-6-905 (8)(a)(III) for its employees who will have direct contact with vulnerable persons as a result of the contract, the department may accept such criminal history record check to satisfy the requirements of this subsection (11.5).
(12) A department employee, independent contractor, or employee of a
contracting agency who is disqualified due to conviction of any of the disqualifying offenses set forth in subsection (9)(b) or (9)(c) of this section may submit a written request to the executive director for reconsideration of the disqualification. Reconsideration pursuant to this subsection (12) may only be based on a mistake of fact such as an error in the identity of the person for whom the criminal history record check was performed pursuant to subsection (11) of this section. If the executive director determines that there was a mistake of fact involving the identity of the person, the executive director shall issue a finding that the disqualifying factor is not a bar to the person's employment either as a department employee or as an independent contractor or employee of a contracting agency.
(13) (a) A department employee, an independent contractor, or an employee
of a contracting agency who is disqualified for conviction of an offense specified in subsection (9)(c) of this section may submit a written request to the executive director for reconsideration of the disqualification and a review of whether the person poses a risk of harm to vulnerable persons. In reviewing a disqualification, the executive director shall give predominant weight to the safety of vulnerable persons over the interests of the disqualified person. The final determination must be based upon a review of:
(I) The seriousness of the disqualifying offense;
(II) Whether the person has a conviction for more than one disqualifying
offense;
(III) The vulnerability of the victim at the time the disqualifying offense was
committed;
(IV) The time elapsed without a repeat of the same or similar disqualifying
offense;
(V) Documentation of successful completion of training or rehabilitation
pertinent to the disqualifying offense; and
(VI) Any other relevant information submitted by the disqualified person.
(b) The decision of the executive director shall constitute final agency
action.
(14) Nothing in this section shall be construed to preclude the department or
the director of any facility operated by the department from adopting a policy regarding self-reporting of arrests, charges, or summonses or a policy regarding disqualification from employment that includes other offenses not set forth in paragraph (b) or (c) of subsection (9) of this section.
(15) (a) In considering any disciplinary action under section 24-50-125 (1)
against an employee who is certified to any class or position in the state personnel system for engaging in mistreatment, abuse, neglect, or exploitation against a vulnerable person, the appointing authority shall give weight to the safety of vulnerable persons over the interests of any other person. For purposes of this subsection (15), mistreatment, abuse, neglect, or exploitation shall have the same definitions as contained in article 22 of title 16, articles 3 and 6.5 of title 18, articles 1 and 3 of title 19, article 3.1 of title 26, and this article 90 and titles 38 and 42 of the code of federal regulations, as amended.
(b) If the appointing authority finds that the employee has engaged in
mistreatment, abuse, neglect, or exploitation against a vulnerable person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to vulnerable persons created by the employee's actions. Nothing in this subsection (15)(b) affects the constitutional or statutory due process rights afforded to an employee who is certified to any class or position in the state personnel system.
(c) This subsection (15) applies regardless of whether the employee has been
charged with or convicted of a disqualifying offense under subsection (9)(b) or (9)(c) of this section.
Source: L. 2010: Entire article added with relocations, (SB 10-175), ch. 188, p.
762, � 2, effective April 29. L. 2013: (3)(e) amended, (HB 13-1300), ch. 316, p. 1692, � 87, effective August 7. L. 2014: (3)(e) amended, (SB 14-096), ch. 59, p. 274, � 30, effective August 6. L. 2015: (3)(c)(II) added by revision, (SB 15-239), ch. 160, pp. 488, 490 �� 8, 14. L. 2017: (2)(e), (3)(a), and (3)(b) amended, (SB 17-242), ch. 263, p. 1376, � 294, effective May 25; (4) amended, (SB 17-189), ch. 149, p. 504, � 14, effective August 9. L. 2018: (1), (2)(a), (2)(c), (3)(d), (4), (7), (9)(a), IP(9)(b), IP(9)(c), (10), (11), (12), and IP(13)(a) amended, (2)(b.5), (2)(d.5), and (11.5) added, and (2)(d) repealed, (HB 18-1411), ch. 238, p. 1484, � 2, effective May 24; (15) added, (HB 18-1065), ch. 142, p. 919, � 1, effective August 8. L. 2019: (4) amended, (HB 19-1166), ch. 125, p. 558, � 49, effective April 18. L. 2021: (3)(g) amended, (SB 21-059), ch. 136, p. 750, � 135, effective October 1. L. 2022: (4) amended, (HB 22-1270), ch. 114, p. 532, � 52, effective April 21; (11.5)(b) amended, (HB 22-1295), ch. 123, p. 865, � 121, effective July 1.
Editor's note: (1) This section is similar to former � 27-1-110 as it existed prior
to 2010.
(2) Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective
July 1, 2016. (See L. 2015, pp. 488, 490.)
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017.
C.R.S. § 29-1-1501
29-1-1501. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) It is imperative that the local government procurement process be free
from bias so that all qualified persons and entities may compete for local government business;
(b) A fair procurement process not only ensures justice and fairness in local
government contracting but broadens the procurement contractor pool, which results in efficiencies and, as warranted, promotes the growth of historically underutilized businesses, thereby creating jobs and stimulating the local government's economy; and
(c) Establishing a pilot project to identify the perceptual and substantial
barriers to entry for historically underutilized businesses in local government procurement is the appropriate way to start this conversation at the state government level.
Source: L. 2021: Entire part added, (HB 21-1168), ch. 216, p. 1140, � 1, effective
June 7.
C.R.S. § 29-1-1601
29-1-1601. Nondisclosure agreements - protection of local government employees - definitions. (1) (a) Neither a local government nor a department, institution, or agency of a local government shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the local government or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the
employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined
in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Trade secrets or other confidential or sensitive information provided to or
made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IV) Trade secrets or other confidential or sensitive information provided to
or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate;
(V) Trade secrets or other confidential or sensitive information provided to or
made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer;
(VI) Information bearing on the specialized details of security arrangements
or criminal investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;
(VII) Information derived from communications of the employer related to
threatened or pending legal or administrative action;
(VIII) Discussions that occur in an executive session authorized by section
24-6-402;
(IX) Trade secrets or information derived from trade secrets or proprietary
information of the employer;
(X) Information and records not subject to disclosure under the Colorado
Open Records Act, part 2 of article 72 of title 24; or
(XI) Trade secrets owned by the employer.
(b) Any provision in any contract or agreement that violates subsection (1)(a)
of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the
employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined
in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Trade secrets or other confidential or sensitive information provided to or
made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IV) Trade secrets or other confidential or sensitive information provided to
or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate;
(V) Trade secrets or other confidential or sensitive information provided to or
made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer;
(VI) Information bearing on the specialized details of security arrangements
or criminal investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;
(VII) Information derived from communications of the employer related to
threatened or pending legal or administrative action;
(VIII) Discussions that occur in an executive session authorized by section
24-6-402;
(IX) Trade secrets or information derived from trade secrets or proprietary
information of the employer;
(X) Information and records not subject to disclosure under the Colorado
Open Records Act, part 2 of article 72 of title 24; or
(XI) Trade secrets owned by the employer.
(2) (a) Neither a local government nor a department, an institution, or an
agency of a local government shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.
(b) Any employer who enforces or attempts to enforce a provision deemed
by a court against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.
(c) An action to enforce a provision of this section must be brought in the
district court for the district in which the employee is primarily employed.
(3) A settlement agreement between an employer that is a local government
or a department, institution, or agency of a local government and an employee of the local government or the department, institution, or agency of the local government must be signed by both the employer and the employee.
(4) A nondisclosure agreement may not prohibit the release of information
required to be released under the Colorado Open Records Act, part 2 of article 72 of title 24.
(5) Nothing in this section prevents an employer from requiring an employee
to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.
(6) As used in this section:
(a) Condition of employment means an employment-related policy,
practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer.
(b) Employee means an applicant for employment with or current or past
employee of a local government or a department, institution, or agency of a local government.
(c) Local government means a statutory or home rule county, a city and
county, or a statutory or home rule municipality.
Source: L. 2023: Entire part 16 added, (SB 23-053), ch. 320, p. 1936, � 4,
effective August 7.
PART 17
PROPERTY TAX REVENUE LIMIT
Editor's note: Section 18 of chapter 1, (HB 24B-1001), Session Laws of
Colorado 2024, Second Extraordinary Session, amended section 14 of chapter 171, (SB 24-233), Session Laws of Colorado 2024, to change the effective date of SB 24-233 to October 1, 2024, if both an initiative that reduces valuations for assessment and an initiative that requires voter approval for retaining property tax revenue that exceeds a limit are withdrawn pursuant to section 1-40-134, C.R.S., from the statewide ballot for the general election held on November 5, 2024. On September 4, 2024, the secretary of state announced both an initiative that reduces valuations for assessment and an initiative that requires voter approval for retaining property tax revenue that exceeds a limit were withdrawn from the 2024 general election ballot.
C.R.S. § 29-1-201
29-1-201. Legislative declaration. The purpose of this part 2 is to implement the provisions of section 18 (2)(a) and (2)(b) of article XIV of the state constitution, adopted at the 1970 general election, and the amendment to section 2 of article XI of the state constitution, adopted at the 1974 general election, by permitting and encouraging governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments, and to this end this part 2 shall be liberally construed.
Source: L. 71: R&RE, p. 955, � 1. C.R.S. 1963: � 88-2-1. L. 75: Entire section
amended, p. 955, � 1, effective May 20.
C.R.S. § 29-1-203
29-1-203. Government may cooperate or contract - contents. (1) Governments may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. Any such contract providing for the sharing of costs or the imposition of taxes may be entered into for any period, notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments.
(2) Any such contract shall set forth fully the purposes, powers, rights,
obligations, and the responsibilities, financial and otherwise, of the contracting parties.
(3) Where other provisions of law provide requirements for special types of
intergovernmental contracting or cooperation, those special provisions shall control.
(4) Any such contract may provide for the joint exercise of the function,
service, or facility, including the establishment of a separate legal entity to do so.
(5) Any separate legal entity formed pursuant to the provisions of this part 2
may make loans to any government which enters into any contract pursuant to the provisions of this section, which loans may be secured by loan and security agreements, leases, or any other instruments upon such terms and conditions, including, without limitation, the terms and conditions authorized by section 31-35-402 (1)(h), C.R.S., as the board of directors of such intergovernmental entity shall determine.
(6) The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to
moneys of such separate legal entities.
Source: L. 71: R&RE, p. 956, � 1. C.R.S. 1963: � 88-2-3. L. 88: (5) added, p.
1098, � 1, effective April 13; (6) added, p. 429, � 8, effective April 20. L. 2005: (1) amended, p. 1352, � 1, effective June 3.
C.R.S. § 29-1-203.5
29-1-203.5. Separate legal entity established under section 29-1-203 - legal status - authority to exercise special district powers - additional financing powers. (1) (a) Any combination of counties, municipalities, special districts, or other political subdivisions of this state that are each authorized to own, operate, finance, or otherwise provide public improvements, functions, services, or facilities may enter into a contract under section 29-1-203 to establish a separate legal entity to provide any such public improvements, functions, services, or facilities. In addition, such a separate legal entity may be established as authorized by sections 32-19-119 (1)(w.5), 32-22-106 (1)(s.5), 43-1-106 (8)(q.5), and 43-4-806 (6)(p.5). Any separate legal entity established is a political subdivision and public corporation of the state and is separate from the parties to the contract if the contract or an amendment to the contract states that the entity is formed in conformity with the provisions of this section and that the provisions of this section apply to the entity.
(b) A contract establishing a separate legal entity described in paragraph (a)
of this subsection (1) must specify:
(I) The name and purpose of the entity and the functions or services to be
provided by the entity;
(II) The establishment and organization of a governing body of the entity,
which must be a board of directors in which all legislative power of the entity is vested, including:
(A) The number of directors, their manner of appointment, their terms of
office, their compensation, if any, and the procedure for filling vacancies on the board;
(B) The officers of the entity, the manner of their selection, and their duties;
(C) The voting requirements for action by the board; except that, unless
specifically provided otherwise, a majority of directors constitutes a quorum, and a majority of the quorum is necessary for any action taken by the board.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), a
separate legal entity established by contract pursuant to section 29-1-203 may, to the extent provided by the contract or an amendment to the contract and deemed by the contracting parties to be necessary or convenient to allow the entity to achieve its purposes, exercise any general power of a special district specified in part 10 of article 1 of title 32, C.R.S., so long as each of the parties to the contract may lawfully exercise the power.
(b) A separate legal entity established by a contract pursuant to section 29-1-203 that specifies that the provisions of this section apply to the entity may not
levy a tax or exercise the power of eminent domain.
(c) A separate legal entity established by contract pursuant to section 29-1-203 shall file a copy of the contract and any amendments to the contract with the
division of local government in the department of local affairs and the division shall retain the contract and amendments as a public record.
(3) In addition to any other powers set forth in a contract entered into
pursuant to section 29-1-203 that establishes a separate legal entity and specifies that the provisions of this section apply to the entity, such an entity has the following powers:
(a) To issue bonds, notes, or other financial obligations payable solely from
revenue derived from one or more of the functions, services, systems, or facilities of the separate legal entity, from money received under contracts entered into by the separate legal entity, or from other available money of the separate legal entity. The terms, conditions, and details of bonds, notes, or other financial obligations, including related procedures and refunding conditions, must be set forth in the resolution of the separate legal entity authorizing the bonds, notes, or other financial obligations and must, to the extent practical, be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued are not limited to the financing of water or sewerage facilities. Bonds, notes, or other financial obligations issued under this paragraph (a) are not an indebtedness of the separate legal entity or the cooperating or contracting parties within the meaning of any provision or limitation specified in the state constitution or law. Each bond, note, or other financial obligation issued under this paragraph (a) must recite in substance that it is payable solely from the revenues and other available funds of the separate legal entity pledged for the payment thereof and that it is not a debt of the separate legal entity or the cooperating or contracting parties within the meaning of any provision or limitation specified in the state constitution or law. Notwithstanding anything in this paragraph (a) to the contrary, bonds, notes, and other obligations may be issued to mature at such times not beyond forty years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, at a public or private sale, all as determined by the board of directors of the separate legal entity. Interest on any bond, note, or other financial obligation issued under this paragraph (a) hereof is exempt from taxation except as otherwise may be provided by law. The resolution, trust indenture, or other security agreement under which bonds, notes, or other financial obligations are issued is a contract with the holders thereof and may contain such provisions as the board of directors of the separate legal entity determine to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in revenue, money, rights, or property of the separate legal entity.
(b) To acquire, lease, and sell property.
(c) (I) To establish special or local improvement districts within the
boundaries of and with the consent of any of the counties, municipalities, special districts, or other political subdivisions that contract to establish the separate legal entity and levy special assessments on property specially benefited by improvements, functions, services or facilities, including forest health projects, as defined in section 37-95-103 (4.9), that the separate legal entity is authorized to provide.
(II) The name of a special or local improvement district must include the
name of the separate legal entity that established it.
(III) Assessments must be levied on a frontage, area, zone, or other equitable
basis and only:
(A) With the written consent of all of the owners of the property to be
assessed; or
(B) Upon approval of a majority of the eligible electors of the district within
the special or local improvement district voting thereon.
(IV) The method of creating a special or local improvement district,
undertaking the improvements, functions, services, or facilities specified for the improvement district, and levying and collecting assessments for the costs of such undertaking specified for the improvement district shall be, as provided in part 5 of article 25 of title 31 for a special improvement district and as provided in part 6 of article 20 of title 30 for a local improvement district, subject to the following:
(A) The separate legal entity shall have all the rights, powers, and duties of a
municipality and its governing body as set forth in parts 5 and 11 of article 25 of title 31 or of a county and its board of county commissioners as set forth in part 6 of article 20 of title 30;
(B) The board of directors of the separate legal entity constitutes the
governing body and board of the improvement district;
(C) The board of directors shall appoint officers who shall perform the duties
of the officers as set forth in part 5 of article 25 of title 31 or part 6 of article 20 of title 30, as applicable; and
(D) All actions taken by the board of directors pursuant to the provisions of
part 5 of article 25 of title 31 shall be by resolution, notwithstanding any reference in said part 5 to action by ordinance.
(3.5) A separate legal entity established by contract pursuant to section 29-1-203 that has issued bonds, notes, or other financial obligations as authorized by
paragraph (a) of subsection (3) of this section is subject to the Public Securities Information Reporting Act, article 58 of title 11, C.R.S., and shall file an annual information report, to the extent practical, in the manner specified in section 11-58-105, C.R.S.
(4) A contract entered into pursuant to section 29-1-203 that establishes a
separate legal entity and specifies that the provisions of this section apply to the entity shall provide that, upon dissolution of the separate legal entity, all of its property is transferred to, or at the direction of, one or more of the contracting political subdivisions.
Source: L. 2015: Entire section added, (HB 15-1262), ch. 215, p. 785, � 1,
effective May 20. L. 2016: (2)(c) and (3.5) added, (HB 16-1188), ch. 86, p. 243, � 1, effective August 10. L. 2021: (1)(a) amended and (3)(c) added, (HB 21-1008), ch. 159, p. 904, � 1, effective May 20. L. 2024: (1)(a) amended, (SB 24-184), ch. 186, p. 1049, � 2, effective May 16.
Cross references: For the legislative declaration in SB 24-184, see section 1
of chapter 186, Session Laws of Colorado 2024.
C.R.S. § 29-1-204
29-1-204. Establishment of separate governmental entity. (1) Any combination of cities and towns of this state which are authorized to own and operate electric systems may, by contract with each other or with cities and towns of any adjoining state, establish a separate governmental entity, to be known as a power authority, to be used by such contracting municipalities to effect the development of electric energy resources or production and transmission of electric energy in whole or in part for the benefit of the inhabitants of such contracting municipalities.
(2) Any contract establishing such separate governmental entity shall
specify:
(a) The name and purpose of such entity and the functions or services to be
provided by such entity;
(b) The establishment and organization of a governing body of the entity,
which shall be a board of directors in which all legislative power of the entity is vested, including:
(I) The number of directors, their manner of appointment, their terms of
office, their compensation if any, and the procedure for filling vacancies on the board;
(II) The officers of the entity, the manner of their selection, and their duties;
(III) The voting requirements for action by the board; except that, unless
specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board;
(IV) The duties of the board which shall include the obligation to comply with
the provisions of parts 1, 5, and 6 of this article;
(c) Provisions for the disposition, division, or distribution of any property or
assets of the entity;
(d) The term of the contract, which may be continued for a definite term or
until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the entity has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations.
(3) The general powers of such entity shall include the following powers:
(a) To develop electric energy resources and produce or transmit electric
energy in whole or in part for the benefit of the inhabitants of the contracting municipalities;
(b) To make and enter into contracts, including, without limitation, contracts
with cities and towns in any adjoining state, irrespective of whether such cities and towns are parties to the contract establishing the separate governmental entity;
(c) To employ agents and employees;
(d) To acquire, construct, manage, maintain, or operate electric energy
facilities, works, or improvements or any interest therein;
(e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of
any real or personal property, commodity, or service;
(f) To condemn property for public use, if such property is not owned by any
public utility and devoted to such public use pursuant to state authority;
(g) To incur debts, liabilities, or obligations;
(h) To sue and be sued in its own name;
(i) To have and use a corporate seal;
(j) To fix, maintain, and revise fees, rates, and charges for functions, services,
or facilities provided by the entity;
(k) To adopt, by resolution, regulations respecting the exercise of its powers
and the carrying out of its purposes;
(l) To exercise any other powers which are essential to the provision of
functions, services, or facilities by the entity and which are specified in the contract;
(m) To do and perform any acts and things authorized by this section under,
through, or by means of an agent or by contracts with any person, firm, or corporation;
(n) To deposit moneys of the power authority not then needed in the conduct
of the power authority affairs in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the board of directors may appoint, by written resolution, one or more persons to act as custodians of the moneys of the power authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.
(o) To acquire or cross railroad rights-of-way in the manner set forth in
section 40-5-105, C.R.S.
(4) The separate governmental entity established by such contracting
municipalities shall be a political subdivision and a public corporation of the state, separate from the parties to the contract, and shall be a validly created and existing political subdivision and public corporation of the state, irrespective of whether a contracting municipality, including a city or town of an adjoining state, withdraws (whether voluntarily, by operation of law, or otherwise) from such entity subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing such entity pursuant to its terms. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of the entity.
(5) The bonds, notes, and other obligations of such separate governmental
entity shall not be the debts, liabilities, or obligations of the contracting municipalities.
(6) The contracting municipalities may provide in the contract for payment to
the separate governmental entity of funds from proprietary revenues for services rendered by the entity, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the entity.
(7) (a) To carry out the purposes for which the separate governmental entity
was established, the entity is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived or to be derived from the function, service, or facility or the combined functions, services, or facilities of the entity or from any other available funds of the entity. The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations issued under this subsection (7) shall not constitute an indebtedness of the entity or the cooperating or contracting municipalities within the meaning of any constitutional or statutory limitation or other provision. Each bond, note, or other obligation issued under this subsection (7) shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the entity pledged for the payment thereof and that said bond, note, or other obligation does not constitute a debt of the entity or the cooperating or contracting municipalities within the meaning of any constitutional or statutory limitations or provisions. Notwithstanding anything in this section to the contrary, such bonds, notes, and other obligations may be issued to mature at such times not beyond forty years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be determined by the board of the entity. Notwithstanding anything in this section to the contrary, in the case of short-term notes or other obligations maturing not later than one year from the date of issuance thereof, the board of the entity may authorize officials of the entity to fix principal amounts, maturity dates, interest rates, and purchase prices of any particular issue of such short-term notes or obligations, subject to such limitations as to maximum term, maximum principal amount outstanding, and maximum net effective interest rates as the board shall prescribe by resolution. Such action may be taken by the board of the entity only at a public meeting preceded by adequate notice, and the action of the board shall be properly recorded on the permanent records of the board.
(b) The resolution, trust indenture, or other security agreement under which
any bonds, notes, or other obligations are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the board of the entity to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the entity. The bonds, notes, and other obligations of the entity and the income therefrom shall be exempt from taxation, except inheritance, estate, and transfer taxes.
(8) A separate governmental entity established by contracting municipalities
shall, if the contract so provides, be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting municipalities to provide the same function, service, or facility, and such separate governmental entity shall be entitled to all rights and privileges and shall assume all obligations and liabilities of such other entity under existing contracts to which such other entity is a party.
(9) The authority granted pursuant to this section shall in no manner limit the
powers of governments to enter into intergovernmental cooperation or contracts or to establish separate legal entities pursuant to the provisions of section 29-1-203 or any other applicable law or otherwise to carry out their powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for electric systems owned by separate governmental entities over electric systems owned by other or different entities.
(10) For the purposes of subsection (1), paragraph (b) of subsection (3), and
subsection (4) of this section, cities and towns of any adjoining state means any city or town located in any state sharing a common border with the state of Colorado which owns an electric system and which is located not more than fifteen miles from the common border of the state of Colorado and such adjoining state.
Source: L. 75: Entire section added, p. 955, � 2, effective May 20. L. 76: (1),
(3)(b), and (4) amended and (10) added, pp. 683, 684, �� 1, 2, effective May 7. L. 77: (4) and (10) amended, p. 286, �� 54, 55, effective June 29. L. 79: (3)(n) added, p. 1616, � 11, effective June 8. L. 82: (1) amended, p. 453, � 1, effective March 17; (7)(a) amended, p. 455, � 1, effective April 16. L. 2002: (3)(o) added, p. 1948, � 5, effective June 8.
Editor's note: This section was enacted as � 29-1-203.1 in House Bill 75-1666
but was renumbered on revision in the 1977 replacement volume for ease of location.
Cross references: For the legislative declaration contained in the 2002 act
enacting subsection (3)(o), see section 1 of chapter 350, Session Laws of Colorado 2002.
C.R.S. § 29-1-204.2
29-1-204.2. Establishment of separate governmental entity to develop water resources, systems, facilities, and drainage facilities. (1) Any combination of municipalities, special districts, or other political subdivisions of this state that are authorized to own and operate water systems or facilities or drainage facilities may establish, by contract with each other, a separate governmental entity, to be known as a water or drainage authority, to be used by such contracting parties to effect the development of water resources, systems, or facilities or of drainage facilities in whole or in part for the benefit of the inhabitants of such contracting parties or others at the discretion of the board of directors of the water or drainage authority.
(2) Any contract establishing such separate governmental entity shall
specify:
(a) The name and purpose of such entity and the functions or services to be
provided by such entity;
(b) The establishment and organization of a governing body of the entity,
which shall be a board of directors in which all legislative power of the entity is vested, including:
(I) The number of directors, their manner of appointment, their terms of
office, their compensation, if any, and the procedure for filling vacancies on the board;
(II) The officers of the entity, the manner of their selection, and their duties;
(III) The voting requirements for action by the board; except that, unless
specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board;
(IV) The duties of the board, which shall include the obligation to comply
with the provisions of parts 1, 5, and 6 of this article;
(c) Provisions for the disposition, division, or distribution of any property or
assets of the entity;
(d) The term of the contract, which may be continued for a definite term or
until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the entity has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations;
(e) The conditions or requirements to be fulfilled for adding or deleting
parties to the contract in the future or for providing water services and drainage facilities to others outside the boundaries of the contracting parties.
(3) The general powers of such entity shall include the following powers:
(a) To develop water resources, systems, or facilities or drainage facilities in
whole or in part for the benefit of the inhabitants of the contracting parties or others, at the discretion of the board of directors, subject to fulfilling any conditions or requirements set forth in the contract establishing the entity;
(b) To make and enter into contracts;
(c) To employ agents and employees;
(d) To acquire, construct, manage, maintain, or operate water systems,
facilities, works, or improvements, or drainage facilities, or any interest therein;
(e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of
any real or personal property utilized only for the purposes of water treatment, distribution, and wastewater disposal, or of drainage;
(f) To condemn property for use as rights-of-way only if such property is not
owned by any public utility and devoted to such public use pursuant to state authority;
(g) To incur debts, liabilities, or obligations;
(h) To sue and be sued in its own name;
(i) To have and use a corporate seal;
(j) To fix, maintain, and revise fees, rates, and charges for functions, services,
or facilities provided by the entity;
(k) To adopt, by resolution, regulations respecting the exercise of its powers
and the carrying out of its purpose;
(l) To exercise any other powers which are essential to the provision of
functions, services, or facilities by the entity and which are specified in the contract;
(m) To do and perform any acts and things authorized by this section under,
through, or by means of an agent or by contracts with any person, firm, or corporation;
(n) To permit other municipalities, special districts, or political subdivisions
of this state that are authorized to supply water or to provide drainage facilities to enter the contract at the discretion of the board of directors, subject to fulfilling any and all conditions or requirements of the contract establishing the entity; except that rates need not be uniform between the authority and the contracting parties;
(o) To provide for the rehabilitation of any surfaces adversely affected by the
construction of water pipelines, facilities, or systems or of drainage facilities through the rehabilitation of plant cover, soil stability, and other measures appropriate to the subsequent beneficial use of such lands;
(p) To justly indemnify property owners or others affected for any losses or
damages incurred, including reasonable attorney fees, or that may subsequently be caused by or which result from actions of such corporations.
(4) The separate governmental entity established by such contracting
parties shall be a political subdivision and a public corporation of the state, separate from the parties to the contract. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of the entity.
(5) The bonds, notes, and other obligations of a water or drainage authority
formed under the provisions of this section shall not be the debts, liabilities, or obligations of the original contracting parties or parties that may enter the establishing contract in the future.
(6) The contracting parties may provide in the contract for payment to the
separate governmental entity of funds from proprietary revenues for services rendered by the entity, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the entity.
(7) (a) To carry out the purposes for which the separate governmental entity
was established, the entity is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived from the function, service, system, or facility or the combined functions, services, systems, or facilities of the entity or from any other available funds of the entity. The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and, as nearly as may be practicable, shall be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations issued under this subsection (7) shall not constitute an indebtedness of the entity or the cooperating or contracting parties within the meaning of any constitutional or statutory limitations or other provision. Each bond, note, or other obligation issued under this subsection (7) shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the entity pledged for the payment thereof and that said bond, note, or other obligation does not constitute a debt of the entity or the cooperating or contracting parties within the meaning of any constitutional or statutory limitation or provision. Notwithstanding anything in this section to the contrary, such bonds, notes, and other obligations may be issued to mature at such times not beyond forty years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be determined by the board of directors of the entity.
(b) The resolution, trust indenture, or other security agreement under which
any bonds, notes, or other obligations are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the board of directors of the entity to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the entity. The bonds, notes, and other obligations of the entity and the income therefrom shall be exempt from taxation by this state, except inheritance, estate, and transfer taxes.
(8) A separate governmental entity established by contract, if the contract
so provides, shall be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting parties to provide the same function, service, system, or facility, and such separate governmental entity shall be entitled to all rights and privileges and shall assume all obligations and liabilities of such other entity under existing contracts to which such other entity is a party.
(9) The authority granted pursuant to this section shall in no manner limit the
powers of governments to enter into intergovernmental cooperation or contracts or to establish separate legal entities pursuant to the provisions of section 29-1-203 or any other applicable law or otherwise to carry out their powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for water systems or facilities or for drainage facilities owned by separate governmental entities over water systems or facilities or over drainage facilities owned by other or different entities.
Source: L. 77: Entire section added, p. 1389, � 1, effective June 21. L. 82: (1)
amended, p. 453, � 2, effective March 17. L. 2001: (1), (2)(e), (3)(a), (3)(d), (3)(e), (3)(n), (3)(o), (5), and (9) amended, p. 61, � 1, effective August 8.
Editor's note: This section was enacted as � 29-1-203.2 in House Bill 77-1211
but was renumbered on revision in the 1977 replacement volume for ease of location.
C.R.S. § 29-1-204.5
29-1-204.5. Establishment of multijurisdictional housing authorities. (1) Any combination of home rule or statutory cities, towns, counties, and cities and counties of this state may, by contract with each other, establish a separate governmental entity to be known as a multijurisdictional housing authority, referred to in this section as an authority. Such an authority may be used by such contracting member governments to effect the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects or programs pursuant to a multijurisdictional plan:
(a) To provide dwelling accommodations at rental prices or purchase prices
within the means of families of low or moderate income; and
(b) To provide affordable housing projects or programs for employees of
employers located within the jurisdiction of the authority.
(2) Any contract establishing any such authority shall specify:
(a) The name and purpose of such authority and the functions or services to
be provided by such authority;
(a.5) The boundaries of the authority, which boundaries may include less
than the entire area of the separate governmental entities and may be modified after the establishment of the authority as provided in the contract;
(b) The establishment and organization of a governing body of the authority,
which shall be a board of directors, referred to in this section as the board, in which all legislative power of the authority is vested, including:
(I) The number of directors, their manner of appointment, their terms of
office, their compensation, if any, and the procedure for filling vacancies on the board;
(II) The officers of the authority, the manner of their selection, and their
duties;
(III) The voting requirements for action by the board; except that, unless
specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board;
(IV) The duties of the board, which shall include the obligation to comply
with the provisions of parts 1, 5, and 6 of this article;
(c) Provisions for the disposition, division, or distribution of any property or
assets of the authority;
(d) The term of the contract, which may be continued for a definite term or
until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations;
(e) The expected sources of revenue of the authority and any requirements
that contracting member governments consent to the levying of any taxes or development impact fees within the jurisdiction of such member. If the authority levies any taxes or development impact fees, the contract shall further include requirements that:
(I) Prior to and as a condition of levying any such taxes or fees, the board
shall adopt a resolution determining that the levying of such taxes or fees will fairly distribute the costs of the authority's activities among the persons and businesses benefited thereby and will not impose an undue burden on any particular group of persons or businesses;
(II) Each such tax or fee shall conform with any requirements specified in
subsection (3) of this section; and
(III) The authority shall designate a liaison who shall coordinate with the
department of revenue regarding the collection of a sales and use tax pursuant to part 2 of article 2 of this title 29. This coordination shall include but not be limited to the liaison identifying those businesses eligible to collect the sales and use tax and any other administrative details identified by the department.
(3) The general powers of the authority include the following:
(a) To plan, finance, acquire, construct, reconstruct or repair, maintain,
manage, and operate housing projects and programs pursuant to a multijurisdictional plan within the means of families of low or moderate income;
(a.5) To plan, finance, acquire, construct, reconstruct or repair, maintain,
manage, and operate affordable housing projects or programs for employees of employers located within the jurisdiction of the authority;
(b) To make and enter into contracts with any person, including, without
limitation, contracts with state or federal agencies, private enterprises, and nonprofit organizations also involved in providing such housing projects or programs or the financing for such housing projects or programs, irrespective of whether such agencies are parties to the contract establishing the authority;
(c) To employ agents and employees;
(d) To cooperate with state and federal governments in all respects
concerning the financing of such housing projects and programs;
(e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of
any real or personal property, commodity, or service;
(f) To condemn property for public use, if such property is not owned by any
governmental entity or any public utility and devoted to public use pursuant to state authority;
(f.1) (I) Subject to the provisions of subsection (7.5) of this section, to levy, in
all of the area within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, upon every transaction or other incident with respect to which a sales or use tax is levied by the state, excluding the sale or use of cigarettes. The tax imposed pursuant to this subsection (3)(f.1) is in addition to any other sales or use tax imposed pursuant to law. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, as specified in part 2 of article 2 of this title 29.
(II) The authority shall apply the monthly tax collection distributions received
from the department of revenue under section 29-2-207 solely to the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects or programs within the means of families of low or moderate income.
(III) The department of revenue shall retain an amount not to exceed the cost
of the collection, administration, and enforcement and shall transmit the amount retained to the state treasurer, who shall credit the same amount to the multijurisdictional housing authority sales tax fund, which fund is hereby created in the state treasury. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this section. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(f.2) Subject to the provisions of subsection (7.5) of this section, to levy, in all
of the area within the boundaries of the authority, an ad valorem tax at a rate not to exceed five mills on each dollar of valuation for assessment of the taxable property within such area. The tax imposed pursuant to this paragraph (f.2) shall be in addition to any other ad valorem tax imposed pursuant to law. In accordance with the schedule prescribed by section 39-5-128, C.R.S., the board shall certify to the board of county commissioners of each county within the authority, or having a portion of its territory within the district, the levy of ad valorem property taxes in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the designated portion of the area within the boundaries of the authority. It is the duty of the body having authority to levy taxes within each county to levy the taxes provided by this subsection (3). It is the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the authority ordering the levy and collection. The payment of such collections shall be made monthly to the authority or paid into the depository thereof to the credit of the authority. All taxes levied under this paragraph (f.2), together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute, until paid, a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of other general taxes.
(f.5) (I) To establish, and from time to time increase or decrease, a
development impact fee and collect such fee from persons who own property located within the boundaries of the authority who apply for approval for new residential, commercial, or industrial construction in accordance with applicable ordinances, resolutions, or regulations of any county or municipality.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (f.5),
an impact fee may only be imposed by an authority if all of the following conditions have been satisfied:
(A) No portion of the authority is located in a county with a population of
more than one hundred thousand;
(B) The fee is not levied upon the development, construction, permitting, or
otherwise in connection with low or moderate income housing or affordable employee housing;
(C) The rate of the fee is two dollars per square foot or less; and
(D) The authority also imposes a sales and use tax pursuant to paragraph (f.1)
of this subsection (3), an ad valorem tax pursuant to paragraph (f.2) of this subsection (3), or both.
(g) To incur debts, liabilities, or obligations;
(h) To sue and be sued in its own name;
(i) To have and use a corporate seal;
(j) To fix, maintain, and revise fees, rents, security deposits, and charges for
functions, services, or facilities provided by the authority;
(k) To adopt, by resolution, regulations respecting the exercise of its powers
and the carrying out of its purposes;
(l) To exercise any other powers that are essential to the provision of
functions, services, or facilities by the authority and that are specified in the contract;
(m) To do and perform any acts and things authorized by this section under,
through, or by means of an agent or by contracts with any person, firm, or corporation;
(n) To establish enterprises for the ownership, planning, financing,
acquisition, construction, reconstruction or repair, maintenance, management, or operation, or any combination of the foregoing, of housing projects or programs authorized by this section on the same terms as and subject to the same conditions provided in section 43-4-605, C.R.S.
(4) The authority established by such contracting member governments
shall be a political subdivision and a public corporation of the state, separate from the parties to the contract, and shall be a validly created and existing political subdivision and public corporation of the state, irrespective of whether a contracting member government withdraws (whether voluntarily, by operation of law, or otherwise) from such authority subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing such authority pursuant to its terms. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The authority may deposit and invest its moneys in the manner provided in section 43-4-616, C.R.S.
(5) The bonds, notes, and other obligations of such authority shall not be the
debts, liabilities, or obligations of the contracting member governments.
(6) The contracting member governments may provide in the contract for
payment to the authority of funds from proprietary revenues for services rendered or facilities provided by the authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the authority.
(7) (Deleted by amendment, L. 2001, p. 966, � 1, effective August 8, 2001.)
(7.1) The authority may issue revenue or general obligation bonds, as the
term bond is defined in section 43-4-602 (3), C.R.S., and may pledge its revenues and revenue-raising powers for the payment of such bonds. Such bonds shall be issued on the terms and subject to the conditions set forth in section 43-4-609, C.R.S.
(7.3) The income or other revenues of the authority, all properties at any time
owned by an authority, any bonds issued by an authority, and the transfer of and the income from any bonds issued by the authority are exempt from all taxation and assessments in the state.
(7.5) (a) No action by an authority to establish or increase any tax or
development impact fee authorized by this section shall take effect unless first submitted to a vote of the registered electors of the authority in which the tax or development impact fee is proposed to be collected.
(b) No action by an authority creating a multiple-fiscal year debt or other
financial obligation that is subject to section 20 (4)(b) of article X of the state constitution shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority; except that no such vote is required for obligations of enterprises established under paragraph (n) of subsection (3) of this section or for obligations of any other enterprise under section 20 (4) of article X of the state constitution.
(c) The questions proposed to the registered electors under paragraphs (a)
and (b) of this subsection (7.5) shall be submitted at a general election or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections and the county clerk and recorder of each county in which the election is conducted shall assist the authority in conducting the election. The authority shall pay the costs incurred by each county in conducting such an election. No moneys of the authority may be used to urge or oppose passage of an election required under this section.
(7.7) (a) For the purpose of determining any authority's fiscal year spending
limit under section 20 (7)(b) of article X of the state constitution, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from fiscal year spending pursuant to section 20 (2)(e) of article X of the state constitution during the first full fiscal year for which the authority collected revenues.
(b) For purposes of this subsection (7.7), fiscal year means any year-long
period used by an authority for fiscal accounting purposes.
(8) An authority established by contracting member governments shall, if
the contract so provides, be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting member governments to provide the same function, service, or facility, and such authority shall be entitled to all the rights and privileges and shall assume all the obligations and liabilities of such other entity under existing contracts to which such other entity is a party.
(9) The authority granted pursuant to this section shall in no manner limit the
powers of governments to enter into intergovernmental cooperation or contracts or to establish separate legal entities pursuant to the provisions of section 29-1-203 or any other applicable law or otherwise to carry out their individual powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for housing projects owned by authorities over housing projects owned by other or different entities.
(10) An authority and the property of an authority is exempt from all taxes
and special assessments on the same basis and subject to the same conditions as provided for city housing authorities in sections 29-4-226 and 29-4-227. Like a city housing authority, an authority may voluntarily apply to include eligible real property, as defined in section 32-20-103 (4), in which it has an interest as described in section 29-4-226 (2) into the boundaries of the Colorado new energy improvement district created in section 32-20-104 (1) and accept the levying by the district of a special assessment, as defined in section 32-20-103 (14), against the eligible real property.
Source: L. 77: Entire section added, p. 1393, � 1, effective July 7. L. 2001:
Entire section amended, p. 966, � 1, effective August 8. L. 2002: (10) added, p. 1937, � 1, effective June 7. L. 2008: (3)(f.1)(I) amended, p. 990, � 3, effective August 5. L. 2009: (3)(f.1)(I) amended, (HB 09-1342), ch. 354, p. 1846, � 2, effective July 1. L. 2019: (10) amended, (HB 19-1272), ch. 358, p. 3288, � 1, effective August 2. L. 2024: (2)(e)(III), IP(3), and (3)(f.1) amended, (SB 24-025), ch. 144, p. 553, � 3, effective July 1, 2025.
Editor's note: This section was enacted as � 29-1-203.5 in Senate Bill 77-488
but was renumbered on revision in the 1977 replacement volume for ease of location.
C.R.S. § 29-1-205
29-1-205. List of contracts - contracts establishing power authorities. (1) Within thirty days after receiving a written request from the division of local government, a political subdivision shall provide the division with a current list of all contracts in effect with other political subdivisions. The list must contain the names of the contracting political subdivisions, the nature of the contract, and the expiration date thereof.
(2) Within ten days after the execution of a contract establishing a separate
governmental entity pursuant to section 29-1-204, or an amendment or a modification thereof, the contracting local governments shall file a copy of such contract, amendment, or modification with the division.
(3) Failure to make any filing under this section does not invalidate any
contract referred to in this section.
Source: L. 71: R&RE, p. 956, � 1. C.R.S. 1963: � 88-2-4. L. 75: Entire section
amended, p. 958, � 3, effective May 20. L. 2013: Entire section amended, (HB 13-1203), ch. 31, p. 75, � 1, effective August 7.
Editor's note: This section was originally numbered as � 29-1-204 in C.R.S.
1973 but was renumbered on revision in the 1977 replacement volume for ease of location.
C.R.S. § 29-1-703
29-1-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Agency of local government means any municipality, county, home rule
county, or home rule city or any agency, department, division, board, bureau, commission, institution, or other authority thereof which is a budgetary unit exercising construction contracting authority or discretion and which is located in a county of thirty thousand persons or more, or a city or town of thirty thousand persons or more, according to the state demographer.
(2) Construction contract or contract means any agreement to construct,
alter, improve, repair, or demolish any state-funded public project of any kind.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, and clerical and accounting services; the reasonable value of the use of equipment, including its replacement value, owned by the agency; and the reasonable estimates of other administrative or indirect costs not otherwise directly attributable to the state-funded public project which may be reasonably apportioned to such project in accordance with generally accepted cost-accounting principles and standards. To determine the reasonable value of the use of equipment owned by the agency, the agency may utilize rates established in the department of transportation's published equipment rate schedule in force at the time of the estimate or rates established in any other similar, generally accepted, published equipment rate schedule. To determine administrative and indirect costs, the agency may utilize a good faith percentage estimate of not less than fifteen percent of the total direct costs.
(4) Defined maintenance project means any project that involves a
significant reconstruction, alteration, or improvement of any existing road, highway, bridge, structure, facility, or other public improvement, including but not limited to repairing or seal coating of roads or highways or major internal or external reconstruction or alteration of existing structures. Defined maintenance project does not include routine maintenance activities such as snow removal, minor surface repair of roads or highways, cleaning of ditches, regrading of unsurfaced roads, repainting, replacement of floor coverings, or minor reconstruction or alteration of existing structures.
(5) State-funded public project means any construction, alteration, repair,
demolition, or improvement by any agency of local government of any land, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any defined maintenance project, which are funded in whole or in part from the highway users tax fund and which may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year.
Source: L. 89, 1st Ex. Sess.: Entire part added, p. 64, � 21, effective January 1,
- L. 91: (3) amended, p. 1069, � 41, effective July 1.
C.R.S. § 29-1-704
29-1-704. Construction of public projects - competitive sealed bidding. (1) All construction contracts for state-funded public projects shall be awarded by competitive sealed bidding except as provided in subsection (2) of this section.
(2) Competitive sealed bidding shall not be required for:
(a) A state-funded public project for which the agency of local government
receives no bids or for which all bids have been rejected;
(b) A state-funded public project for which the responsible officer
determines it is necessary to make emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances; however, a written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
(3) Nothing in this part 7 shall be construed to affect or limit any additional
requirements imposed upon an agency of local government for awarding contracts for state-funded public projects.
Source: L. 89, 1st Ex. Sess.: Entire part added, p. 65, � 21, effective January 1,
1990.
C.R.S. § 29-2-103.5
29-2-103.5. Sales tax for mass transit. (1) (a) Except as provided in paragraph (b) of this subsection (1), in addition to any sales tax imposed pursuant to section 29-2-103, each county in this state which lies outside the jurisdiction of the regional transportation district is authorized to levy a county sales tax, use tax, or both of up to one-half of one percent for the purpose of financing, constructing, operating, or maintaining a mass transportation system within the county.
(b) On and after July 1, 2001, in addition to any sales tax imposed pursuant to
section 29-2-103, each county in this state that lies outside the jurisdiction of the regional transportation district is authorized to levy a county sales tax, use tax, or both of up to one percent for the purpose of financing, constructing, operating, or maintaining a mass transportation system within the county.
(c) The sales or use tax allowed pursuant to this subsection (1) shall be
collected, administered, enforced, and distributed by the department of revenue as specified in part 2 of this article 2.
(2) (a) Any county in which such mass transportation system is based may
enter into intergovernmental agreements with any municipality or other county or may enter into contractual agreements with any private carrier for the purpose of providing mass transportation services either within the county or in a county in which the county mass transportation system is permitted to operate.
(b) Any county which uses sales tax revenues which are imposed pursuant to
this section for the provision of mass transportation services shall establish standards for such service.
(c) The county shall issue a request for proposals for such service in order to
compare the costs of a private carrier in providing such service with the costs of the county, as determined in accordance with generally accepted accounting principles, in providing such service directly.
(d) If the costs to the county are less when the service is provided by the
private carrier, the county shall contract with the private carrier for the mass transportation service.
(e) Any private carrier selected to provide mass transportation service
pursuant to this subsection (2) shall provide such performance bond or other surety as the county may reasonably require.
(f) In the event that no private carriers are able to provide mass
transportation services, the county shall provide such services.
(g) In contracting with a private carrier, the county shall require that the
carrier not use the contract to cross-subsidize any other services provided by the carrier.
(3) (a) No sales tax, use tax, or both shall be levied pursuant to the provisions
of subsection (1) of this section until such proposal has been referred to and approved by the registered electors of the county in accordance with the provisions of this article.
(b) During the calendar year 1990, the proposal for a sales or use tax
increase pursuant to this section may be submitted at the primary election held on the first Tuesday in August of each even-numbered year or at the next general election. For any year thereafter, such sales and use tax increase proposal may only be submitted on the first Tuesday after the first Monday in November of each year and shall be conducted by the county clerk and recorder in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S.
(4) The provisions of this section shall not be construed to expand the use
tax base of any county in this state as such base is described in section 29-2-109 (1).
(5) All revenues collected from such county sales tax shall be credited to a
special fund in the county treasury known as the county mass transportation fund. The fund shall be used only for the financing, constructing, operating, or maintaining of a mass transportation system within the county.
Source: L. 90: Entire section added, p. 1440, � 1, effective May 4. L. 92: (3)(b)
amended, p. 873, � 99, effective January 1, 1993. L. 2001: (1) amended, p. 1519, � 1, effective June 8. L. 2002: (3)(a) amended, p. 1035, � 80, effective June 1. L. 2008: (3)(a) amended, p. 991, � 5, effective August 5. L. 2024: (1)(c) added, (SB 24-025), ch. 144, p. 555, � 6, effective July 1, 2025.
C.R.S. § 29-2-214
29-2-214. Enhanced efficiencies - intergovernmental agreements - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is in the best interest of the state, statutory local governments, special
districts, requesting home rule jurisdictions, and taxpayers to have sales or use tax collected in the most efficient and effective manner feasible;
(b) Sales or use taxes can be administered and collected most efficiently
when the governmental entities that collect the taxes cooperate and share responsibilities to collect and distribute revenues from the taxes;
(c) The administrative burden on taxpayers is lessened when governmental
entities cooperate and agree on the processes used to administer and collect sales or use taxes;
(d) Broad authority and precedent exist for governmental entities to operate
more efficiently and effectively by contracting with each other to cooperate in carrying out their respective responsibilities;
(e) The purpose of this section is to encourage the state to work
cooperatively with statutory local governments, special districts, and requesting home rule jurisdictions in the administration and collection of sales or use taxes in the state to enhance efficiencies and procedures for the benefit of both the department and statutory local governments, special districts, and requesting home rule jurisdictions.
(2) The executive director may enter into an intergovernmental agreement
with any statutory local government, special district, or requesting home rule jurisdiction for the purpose of enhancing the systemic efficiencies and procedures used in the collection of state and local sales or use taxes. Such agreement shall be entered into on behalf of and for the benefit of the statutory local government, special district, or requesting home rule jurisdiction and the department. In addition, a municipality may be included as a party to the agreement to further the same efficiencies and procedures to be enhanced by the agreement between the executive director and a county. The agreement may allow the parties to share in providing any function or service lawfully authorized to each of the parties, including the sharing of costs, information, or duties related to the collection of sales or use taxes within the boundaries of the county.
(3) (Deleted by amendment, L. 2024.)
Source: L. 2024: Entire part added with relocations, (SB 24-025), ch. 144, p.
543, � 1, effective July 1, 2025.
Editor's note: This section is similar to former � 39-26-122.5 as it existed
prior to July 1, 2025.
C.R.S. § 29-25-108
29-25-108. Board of directors - duties. (1) (a) Except as otherwise provided in this subsection (1), if the governing body of a single local government creates the district, such governing body shall constitute ex officio the board of directors of the district. In such event, the presiding officer of the governing body shall be ex officio the presiding officer of the board, the clerk of the governing body shall be ex officio the secretary of the board, and the treasurer of the local government shall be ex officio the treasurer of the board. A quorum of the governing body shall constitute a quorum of the board.
(b) The governing body of the local government may, at any time, provide by
resolution or ordinance for the creation of a board of directors of the district consisting of not fewer than five members. Each member shall be an elector of the district appointed by the governing body or, if designated by the governing body, by the mayor of a city and county; except that, if possible, no more than one-half of the members of the board may be affiliated with one owner or lessee of taxable real or personal property in the district. Each member shall serve at the pleasure of the local government. Within thirty days after a vacancy occurs, a successor shall be appointed in the same manner as the original appointment. Within thirty days after a member's appointment, except for good cause shown, each member shall appear before an officer authorized to administer oaths and take an oath that such member will faithfully perform the duties of office as required by law and will support the constitution of the United States, the state constitution, and laws made pursuant thereto. A majority of the members shall constitute a quorum of the board. The board shall elect one of its members as presiding officer, one of its members as secretary, and one of its members as treasurer. The office of both secretary and treasurer may be filled by one person.
(c) If more than one-half of the property located within the district is also
located within a county revitalization area, an urban renewal area, a downtown development authority, or a general improvement district, the governing body may, at any time, provide by ordinance that the governing body of the county revitalization authority, urban renewal authority, downtown development authority, or general improvement district shall constitute ex officio the board of directors of the district. In such event, the officers of such entity are ex officio the officers of the board. A quorum of the board of directors of such entity constitutes a quorum of the board.
(d) If the petition initiating the organization of the district or any subsequent
petition signed by persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, and who own at least fifty percent of the acreage in the proposed district so specifies, the members of the board of the district shall be elected by the electors of the district. If such a petition is approved, the terms of members of the board shall be specified by resolution or ordinance of the governing body. The initial election for members of the board shall be held within sixty days after approval of the resolution or ordinance organizing the district or the filing of any subsequent petition. All subsequent elections for members of the board shall be on the date specified in the resolution or ordinance. The number of directors, the quorum requirements, and the oaths of office shall be the same as those provided for directors of special districts pursuant to article 1 of title 32, C.R.S. Any vacancy on the board shall be filled in the same manner as provided in paragraph (b) of this subsection (1). Until the members of the board are elected and qualified, the governing body shall serve as the board of the district. Elections pursuant to this paragraph (d) shall be held in accordance with the provisions specified in the resolution or ordinance providing for the election of directors. The cost of any election held pursuant to this paragraph (d) shall be borne by the district.
(e) The governing body of the local government may remove a member of the
board of a district or the entire board thereof for inefficiency or neglect of duty or misconduct in office, but only after the member or the board has been given a copy of the charges made by the governing body against such member or such board and has had an opportunity to be heard in person or by counsel before the governing body. In the event of the removal of any member of the board or of the board pursuant to this paragraph (e), the governing body shall file in the office of the clerk of the local government a record of the proceedings, together with the charges made against the member or the board and the findings thereon.
(f) Ten percent of the electors of a district may petition the governing body
for the removal of a member of the board of the district or of the entire board thereof for inefficiency or neglect of duty or misconduct in office, and the governing body may remove the member or the board, but only after the member or the board has been given a copy of the charges made against such member or such board and has had an opportunity to be heard in person or by counsel before the governing body. In the event of the removal of the member or of the board pursuant to this paragraph (f), the governing body shall file in the office of the clerk of local government a record of the proceedings, together with the charges made against the member or the board and the findings thereon.
(2) The board shall adopt a seal. The secretary shall keep in a visual text
format that may be transmitted electronically a record of all proceedings, minutes of meetings, certificates, contracts, and corporate acts of the board, which shall be open to inspection by the electors of the district and other interested parties. The treasurer shall keep permanent records containing accurate accounts of all money received by and disbursed for and on behalf of the district and shall make such annual or other reports to the local government as it may require. All budgets and financial records of the district, whether governed by a separate board or by the governing body of the local government, shall be kept in compliance with parts 1 and 5 of article 1 of this title.
(3) Each member of the board of a district or the governing body or other
entity acting ex officio as the board of a district is required to disclose any potential conflicting interest in any transaction of the district pursuant to section 18-8-308, C.R.S. A board member with a potential conflicting interest in a district transaction may not participate in the considerations of and vote on the transaction, may not attempt to influence any of the contracting parties, and may not act directly or indirectly for the board in the inspection, operation, administration, or performance of any contract related to the transaction. Ownership, in and of itself, by a board member of property within the district shall not be considered a potential conflicting interest.
(4) When the governing body of a local government establishes a board of
directors pursuant to paragraph (b), (c), or (d) of subsection (1) of this section, it may set such conditions, limitations, procedures, duties, and powers under which the board shall conduct its business. Such conditions and limitations may be in the form of a binding contract on both the governing body and the board and may include provisions requiring the dissolution of the board after a specified length of time, at which time the governing body of the municipality shall assume all powers and duties of the district, including the payment of any outstanding indebtedness.
Source: L. 98: Entire article added, p. 1084, � 1, effective September 1. L.
2009: (2) amended, (HB 09-1118), ch. 130, p. 561, � 4, effective August 5. L. 2024: (1)(c) amended, (HB 24-1172), ch. 387, p. 2680, � 10, effective August 7.
C.R.S. § 29-32-104
29-32-104. Permissible expenditures - affordable housing programs - report - definitions. (1) The office shall contract with the administrator. The office may select an administrator without a competitive procurement process but shall announce the contract opening publicly and select the administrator in a meeting that is open to the public, no less than seventy-two hours after notice of such meeting is publicly available. No single contract may exceed five years in duration. Upon the expiration of any contract term, the office may renew the contract with the same administrator or may select another administrator. The administrator selected by the office shall expend the money transferred to the financing fund in section 29-32-103 (2) that the administrator receives from the office to support the following programs only:
(a) A land banking program to be administered by the administrator. The
program shall provide grants to local governments and tribal governments and loans to non-profit organizations with a demonstrated history of providing affordable housing to acquire and preserve land for the development of affordable housing. For purposes of this subsection (1)(a), affordable housing means rental housing that has a designated imputed income limit by household size not to exceed sixty percent of the area median income as established by the United States Department of Housing and Urban Development and published by the department or a statewide political subdivision or authority on housing, and regulated units in the project must have a gross rent limit that does not exceed thirty percent of the imputed income limitation applicable to the units and for-sale housing that could be purchased by a household with an annual income of at or below one hundred percent of the area median income. Mixed use development is an allowable use of land purchased under this program if the predominant use of the land is affordable housing. Loans made by the program shall be forgiven if land acquired with the assistance of the program is properly zoned with an active plan for the development of affordable housing within 5 years of date the loan is made and if the development is permitted and funded within 10 years. The lender and borrower may establish additional terms if needed. If land acquired with the assistance of the program is not developed within the timeline above, the loan must be repaid, with interest, as soon as practical, but not more than six months after expiration of said timeline, unless the office agrees to extend all or a portion of the timeline in its reasonable discretion. Land acquired with the assistance of the program that is not developed within the timeline above may be used by the owner for any purpose upon payment of the loan with interest or, in exchange for a waiver of interest, conveyed to a state agency or other entity for the development of affordable housing with the approval of the administrator. All principal and interest payments on loans made under this paragraph (a) shall be paid to the administrator and used by the administrator for the purposes set forth in this subsection (1). As determined by the administrator, a minimum of 15% and a maximum of 25% of monies transferred to the financing fund annually may be used for the program. The administrator may utilize the funds it receives from the office for the program to pay for the costs of administering the program; except that the total combined annual administrative expenditures of money from the financing fund by the administrator and the office shall not exceed two percent of the funds the administrator receives from the office for the program for the state fiscal year.
(b) An affordable housing equity program to be administered by the
administrator. The program shall make equity investments in low- and middle-income multi-family rental developments. The program shall also make equity investments in existing projects which include multi-family rental units for the purpose of ensuring that said projects remain affordable. The average designated imputed income by household size for projects funded by the program must not exceed 90% of the area median income as established by the United States Department of Housing and Urban Development and published by the department or a statewide political subdivision or authority on housing, and regulated units in the project must have a gross rent limit that does not exceed thirty percent of the imputed income limitation applicable to the units. The program shall include a tenant equity vehicle, meaning, in projects funded by the program, tenants who reside in the project for at least one year shall be entitled to a share of the equity growth in the project, if any, in the form of funding from the program for a down-payment on housing or related purposes, which may also include ongoing opportunities for tenants to build up their savings, in an amount determined by the administrator. Equity investments made by the program shall be made with the expectation of returns that are below the prevailing market returns. Returns on program investments up to the amount of the program's initial investment shall be retained in the program and reinvested. Returns on program investments greater than the program's initial investment shall be retained in the program to fund the tenant equity vehicle. In selecting investments under this program, the administrator shall prioritize high-density housing, mixed-income housing, and projects consistent with the goal of environmental sustainability. As determined by the administrator, a minimum of 40% of monies and a maximum of 70% of monies transferred to the financing fund annually may be used for the program. The administrator may utilize the funds it receives from the office for the program to pay for the costs of administering the program; except that the total combined annual administrative expenditures of money from the financing fund by the administrator and the office shall not exceed two percent of the funds the administrator receives from the office for the program for the state fiscal year.
(c) A concessionary debt program to be administered by the administrator.
The program shall:
(I) Provide debt financing of low- and middle-income multi-family rental
developments,
(II) Provide gap financing in the form of subordinate debt and pre-development loans for projects that qualify for federal low income housing tax
credits,
(III) Provide debt financing of existing projects for the purpose of preserving
existing affordable multi-family rental units;
(IV) Provide debt financing for modular and factory build housing
manufacturers; and
(V) Include the following features:
(A) The average designated imputed income by household size for projects
funded by the subprograms specified in subsections (1)(c)(I), (1)(c)(II), and (1)(c)(III) of this section must not exceed 60% of the area median income as established by the United States Department of Housing and Urban Development and published by the department or a statewide political subdivision or authority on housing, and a unit in the project must have a gross rent limit that does not exceed thirty percent of the imputed income limitation applicable to the unit; except that where the subprogram is a secondary source of funding, the affordability threshold required by the primary funding source, if any, may be operative. The subprogram specified in subsection (1)(c)(IV) of this section does not have a designated imputed income or rent limit. Debt financing and loans made by the program shall be made at below market interest rates as determined by the administrator. Returns on program investments up to the amount of the program's initial investment shall be retained in the program and reinvested by the administrator in the program established in this subsection (1)(c). Returns on program investments greater than the program's initial investment shall be retained in the program to fund the tenant equity vehicle of the affordable housing equity program created in subsection (1)(b) of this section.
(B) As determined by the administrator, a minimum of 15% of monies and a
maximum of 35% of monies transferred to the financing fund annually may be used for the program. The administrator may utilize the funds it receives from the office for the program to pay for the costs of administering the program; except that the total combined annual administrative expenditures of money from the financing fund by the administrator and the office shall not exceed two percent of the funds the administrator receives from the office for the program for the state fiscal year.
(2) In selecting investments to be made by the programs of subsection (1) of
this section, the administrator shall prioritize projects that achieve high-density housing, mixed-income housing, and projects consistent with the goal of environmental sustainability, as appropriate.
(3) The division of housing and the division of local government shall expend
the money transferred to the support fund in section 29-32-103 (1) to support the following programs only:
(a) An affordable home ownership program administered by the division or
one or more contractors of the division. The program shall offer home ownership down-payment assistance to first-time homebuyers and shall prioritize assistance, to the extent practicable, to first-generation homebuyers. The assistance shall be provided to households with income less than or equal to one hundred twenty percent of the area median income of households of that size in the territory or jurisdiction of local government or tribal government in which the housing is located, as calculated and published for a given year by the United States department of housing and urban development, and the cost of the monthly housing payment toward mortgage principal, mortgage interest, property taxes, mortgage and homeowner's insurance, homeowner association fees, land lease fees, and metropolitan district fees shall not cost more than thirty-five percent of monthly household income. The program shall also make grants to nonprofit organizations, local governments, tribal governments, community development financial institutions, and community land trusts to support affordable home ownership. The program shall also make grants or loans to groups or associations of mobile home owners and their assignees to assist them with the purchase of a mobile home park pursuant to section 38-12-217. Said grants and loans shall be used to support affordable home ownership for households with income less than or equal to one hundred percent of the area median income of households of that size in the territory or jurisdiction of local government or tribal government in which the households are located, as calculated and published for a given year by the United States department of housing and urban development, and the cost of the monthly housing payment toward mortgage principal, mortgage interest, property taxes, mortgage and homeowner's insurance, homeowner association fees, land lease fees, and metropolitan district fees shall not cost more than thirty-five percent of monthly household income. All principal and interest payments on loans made under this subsection (3)(a) shall be paid to the division and used by the division for the purposes set forth in this subsection (3). Up to fifty percent of money transferred to the support fund annually may be used for the program. The division shall determine how much of the available funding shall be allocated to each aspect of the program. The division may utilize up to five percent of the funds it receives from the fund for the program to pay for the direct and indirect costs of administering the program.
(b) (I) A program serving persons experiencing homelessness to be
administered by the division or one or more contractors or grantees of the division. The program shall provide rental assistance, housing vouchers, and eviction defense assistance, including legal, financial, and case management, to persons experiencing homelessness or at risk of experiencing homelessness. The program shall also make grants or loans to nonprofit organizations, local governments, tribal governments, or private entities to support the development and preservation of supportive housing for persons experiencing homelessness, and other homelessness-related activities the division determines contribute to the resolution of or prevention of homelessness, including housing programs paid for by nonprofit organizations, local governments, tribal governments, or private entities on a pay-for-success basis, meaning an organization, local government, tribal government, or private entity would receive financial support from the program upon achieving objectives contractually agreed upon with the division. All principal and interest payments on loans made under this subsection (3)(b)(I) shall be paid to the division and used by the division for the purposes set forth in this subsection (3). Up to forty-five percent of the money transferred to the support fund annually may be used for the program. The division may utilize up to five percent of the money it receives from the fund for the program to pay for the direct and indirect costs of administering the program. The division may negotiate reasonable administrative or project delivery costs for one or more contractors or grantees to administer the program in addition to the five percent retained by the division for program administration and oversight. The division shall consider the past performance history of a contractor or grantee when selecting a contractor or grantee to administer the program.
(II) The program set forth in subsection (3)(b)(I) of this section may also:
(A) Beginning in state fiscal year 2025-26 and subject to annual
appropriation by the general assembly, provide funding to the state or any other entity for capital construction needs at the Ridge View Supportive Residential Community and the Fort Lyon Supportive Residential Community; and
(B) Provide funding to the state or any other entity for direct and indirect
costs of operating to the Ridge View Supportive Residential Community and the Fort Lyon Supportive Residential Community and, beginning in state fiscal year 2026-27, provide such funding subject to annual appropriation by the general assembly;
(III) As used in subsection (3)(b)(II) of this section:
(A) Fort Lyon Supportive Residential Community means the portion of the
Fort Lyon property that is designated by the division for providing homelessness-related activities that the division determines contribute to the resolution of or prevention of homelessness.
(B) Ridge View Supportive Residential Community means, as set forth in
section 24-32-730 (2)(a), the Ridge View campus that, after July 1, 2022, is designated by the division for providing homelessness-related activities that the division determines contribute to the resolution of or prevention of homelessness.
(c) A local planning capacity development program administered by the
division of local government. The program shall provide grants to local governments and tribal governments to increase the capacity of local government and tribal government planning departments responsible for processing land use, permitting and zoning applications for housing projects. Up to five percent of money transferred to the support fund annually may be used for the program. The division of local government may utilize up to five percent of the funds that the division of housing allocates from the fund for the program to pay for the direct and indirect costs of administering the program.
(4) On or before October 1, 2024, and October 1 of the next two years
thereafter, the office and division shall respectively provide to the joint budget committee, the senate local government and housing committee, and the house of representatives transportation, housing, and local government committee, or their successor committees, a report about the disbursements from the financing fund and support fund for the prior state fiscal year. In the reports, the office and the division shall include the following information about each affordable housing program:
(a) The applicants for funding, the projects funded, and the projects that
were denied, along with the reason for the denial;
(b) The anticipated or actual number of households served and the number
of affordable housing rental units and for-sale units funded; and
(c) The geographic distribution of the funding.
(5) If the Legislative Council Staff's March Economic and Revenue Forecast
in any given year projects revenue for the next state fiscal year will fall below the revenue limit imposed under section 20 of article X of the state constitution, the general assembly may reduce the funding allocated to the office required by this section for the next state fiscal year in order to balance the state budget for said state fiscal year.
Source: Initiated 2022: Entire article added, Proposition 123, effective upon
proclamation of the Governor, December 27, 2022. L. 2023: IP(1), (1)(a), (1)(b), (1)(c)(III), (1)(c)(IV), and (3) amended and (1)(c)(V) and (4) added, (HB 23-1304), ch. 381, p. 2283, � 3, effective June 5. L. 2025: (3)(b) amended, (HB 25-1019), ch. 5, p. 11, � 1, effective March 7; (3) amended, (SB 25-313), ch. 302, p. 1579, � 2, effective May 30.
Editor's note: Amendments to subsection (3)(b) by SB 25-313 and HB 25-1019 were harmonized.
C.R.S. § 29-4-104
29-4-104. Powers of cities to undertake projects. (1) Every city has power and is authorized:
(a) To construct, acquire, own, or lease any housing project within the city;
(b) To contract debts for the construction of any housing project within the
city, to borrow money, to issue its bonds to finance such construction, and to provide for the rights of obligees as provided in this part 1;
(c) To assess, levy, and collect unlimited ad valorem taxes on all property
subject to taxation to pay the bonds and the interest thereon issued to finance any housing project of the city, and to pay the obligations incurred by the city in connection with any lease to it of a housing project or of real or personal property for the purposes of a housing project;
(d) To acquire by purchase, gift, or the exercise of the power of eminent
domain and to hold and dispose of any property, real or personal, tangible or intangible, or any right or interest in any such property in connection with any housing project of the city, whether subject to mortgages, liens, charges, or other encumbrances;
(e) To enter on any lands, buildings, or property for the purpose of making
surveys, soundings, and examinations in connection with the planning or construction of any housing project of the city;
(f) To insure or provide for the insurance of any housing project of the city
against such risks as the city may deem advisable and to procure or agree to the procurement of insurance or guarantees from a government of the payment of any debts or parts thereof incurred by the city in connection with a housing project, including the power to pay premiums on any such insurance;
(g) (I) To borrow money and accept grants from the federal government for
or in aid of the construction of a housing project of the city; to take over any land acquired by the federal government for the construction of a housing project; to take over or lease any housing project constructed or owned by the federal government in the city; and to such ends to enter into such contracts, mortgages, trust indentures, leases, or other agreements as the federal government may require including an agreement that the federal government has the right to supervise and approve the construction, maintenance, and operation of such housing project;
(II) All cities are authorized to take over any housing project constructed or
owned by the federal government located within ten miles of the boundaries of said city, provided said project is not located within any other city, town, county, or city and county without the prior approval of the governing body of such other city, town, county, or city and county. The authority in this subparagraph (II) conferred to all such cities shall be in addition to all of the authorities and powers in this part 1 granted to cities and shall include, without restrictions, the right to enter into leases for the land upon which said housing projects are located. Notwithstanding any of the provisions of this part 1, said cities may operate, maintain, rent, and terminate the housing projects taken over in such manner and upon such terms as their city councils or other governing bodies, by a majority vote thereof, may determine, subject only to the terms and conditions imposed by the federal government at the time the projects are taken over but without restriction as to the method and manner of operation provided in this part 1.
(h) To exercise, for the purpose of obtaining from the federal government a
grant, loan, or other financial assistance or cooperation in the construction, maintenance, and operation of a housing project of the city, any power conferred by this part 1 independently or in conjunction with any other power conferred by this part 1 or conferred by any other law; and to do all things necessary in order to secure such aid, assistance, or cooperation from the federal government;
(i) To act as agent for the federal government in connection with the
acquisition or construction of a federal housing project or any part thereof;
(j) To arrange with a government or an authority, upon such terms and for
such consideration as it may determine, for the acquisition by such government or authority of property, options, or property rights, or for the furnishing of property or services, in connection with a housing project of the city;
(k) To do all acts and things necessary or convenient to carry out the powers
expressly given in this part 1; and
(l) To manage, operate, and maintain, or contract for the management,
operation, and maintenance of, any housing project owned or leased by the city.
(2) Notwithstanding anything to the contrary contained in this part 1 or in any
other law, a city may include in any contract let in connection with a housing project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the housing project.
Source: L. 35: p. 502, � 4. CSA: C. 82, � 7. L. 37: p. 661, � 3. L. 53, 1st Ex.
Sess.: p. 21, � 1. CRS 53: � 69-2-4. C.R.S. 1963: � 69-2-4. L. 2024: (1)(a) and (1)(k) amended and (1)(l) added, (HB 24-1308), ch. 295, p. 2015, � 11, effective August 7.
Cross references: For the legislative declaration in HB 24-1308, see section 1
of chapter 295, Session Laws of Colorado 2024.
C.R.S. § 29-4-1105
29-4-1105. General powers. (1) In addition to any other powers granted to the authority in this part 11, the authority has the following powers:
(a) To have the duties, privileges, immunities, rights, liabilities, and
disabilities of a body corporate and political subdivision of the state;
(b) To have perpetual existence and succession;
(c) To adopt, have, and use a seal and to alter the same at its pleasure;
(d) To sue and be sued;
(e) To enter into any contract or agreement not inconsistent with this part 11
or the laws of the state;
(f) To borrow money and to issue bonds evidencing the same;
(g) To purchase, lease, lease with an option to purchase, trade, exchange, or
otherwise acquire, maintain, hold, improve, mortgage, lease, encumber, and dispose of real property and personal property, whether tangible or intangible, and any interest therein, including easements and rights-of-way, without restriction or limitation;
(h) To acquire office space, equipment, services, supplies, and insurance
necessary to carry out the purposes of this part 11;
(i) To deposit any money of the authority in any banking institution within or
without the state or in any depository authorized in section 24-75-603, and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the money of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board requires;
(j) To contract for and to accept any gifts, grants, and loans of funds,
property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this part 11, with the terms and conditions of such contracts or the acceptance of such items;
(k) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this part 11, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 11;
(l) To fix the time and place or places at which its regular and special
meetings are to be held;
(m) To adopt and from time to time amend or repeal bylaws and rules and
regulations consistent with the provisions of this part 11, including rules regarding the definition and interpretation of terms used in this part 11. Nothing in this subsection (1)(m) grants the authority the power to redefine terms that are already defined in this part 11.
(n) To elect one member as chairperson of the board and another member as
chairperson pro tem of the board and to elect one or more members as secretary and treasurer of the board and elect or appoint such other offices as the board may determine and provide for their duties and terms of office;
(o) To appoint agents, employees, and professional and business advisers,
including real estate professionals, construction companies, property managers, attorneys, accountants, and financial advisers as may from time to time be necessary in its judgment to accomplish the purposes of this part 11, and to fix the compensation of such agents, employees, and advisers, and to establish the powers and duties of all agents, employees, and advisers, as well as any other person contracting with the authority to provide services, including termination of employment or the contract for services;
(p) To make and execute agreements, contracts, and other instruments
necessary or convenient in the exercise of the powers and functions of the authority under this part 11, including but not limited to contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies may enter into and do all things necessary to perform any such arrangement or contract with the authority.
(q) To enter into interest rate exchange agreements for bonds in accordance
with article 59.3 of title 11; and
(r) Other powers necessary to accomplish the authority's specific goals as
required under this part 11.
Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2524, � 2,
effective June 3.
C.R.S. § 29-4-1201
29-4-1201. Definitions. As used in this part 12, unless the context otherwise requires:
(1) Affordable housing financial assistance means loans, grants, equity,
bonds, or tax credits provided to a multifamily rental property from any source to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability.
(2) Applicable qualifying property means either qualifying property as
defined in section 29-4-1202 (1), or qualifying property as defined in section 29-4-1203 (1).
(3) Applicable right means either a local government's right of first refusal,
as set forth in section 29-4-1202, or right of first offer, as set forth in section 29-4-1203.
(4) Area median income means the median income of the county in which a
qualifying property is located in relation to household size, as established annually by the United States department of housing and urban development.
(5) Colorado housing and finance authority means the Colorado housing
and finance authority created in section 29-4-704 (1).
(6) Existing affordable housing means housing that is subject to one or
more restricted use covenants or similar recorded agreements to ensure affordability and that is consistent with affordable housing financial assistance requirements. Existing affordable housing does not include properties for which all restricted use covenants or affordability requirements have expired as of June 1, 2024.
(7) Local government means:
(a) A city, city and county, or town if the applicable qualifying property is
located within the incorporated area of a city, a city and county, or a town; and
(b) A county if the applicable qualifying property is located within the
unincorporated area of a county.
(8) Local or regional housing authority means a housing authority created
pursuant to section 29-4-204 (1), 29-4-306 (1), 29-4-402, or 29-4-503 (1).
(9) (a) Long-term affordable housing means housing for which the local
government ensures that affordability levels at an applicable qualifying property are on average equal to or greater than preexisting levels at the applicable qualifying property and that the average annual rents at the applicable qualifying property do not exceed the rent for households of a given size at a given area median income, as established annually by the United States department of housing and urban development, for a minimum of forty years, and for which the local government agrees not to raise rent for any unit in the applicable qualifying property by more than the rent increase cap; except that the rent increase cap does not apply to units of housing that are subject to rent or income limits established pursuant to local, state, federal, or political subdivision affordable housing program guidelines.
(b) Nothing in this subsection (9) prevents a local government from providing
affordability requirements beyond forty years or for units to be affordable to renters with incomes below existing affordability levels, in which case the local government's requirements apply for purposes of the definition of long-term affordable housing as set forth in subsection (9)(a) of this section.
(10) (a) Matched offer means an offer of purchase for a qualifying property,
as defined in section 29-4-1202 (1), for a price and with other material terms and conditions that are at least as favorable to those in an arm's-length, third-party offer that a residential seller has received and is willing to accept for the sale of the qualifying property; except that, to the extent that there are any provisions in the arm's-length, third- party offer that the local government is prohibited by law from contracting for, the local government is not required to include such provisions in its offer for its offer to be a matched offer.
(b) Matched offer also means, in the absence of an arm's-length, third-party offer, an offer of purchase for a qualifying property, as defined in section 29-4-1202 (1), for a price and with other material terms and conditions comparable to
those for which the residential seller would sell, and a willing buyer would purchase, the qualifying property.
(11) Material terms and conditions means, generally, significant terms and
conditions of a contract such as sale price, earnest money, representations, warranties, property description, and performance under the contract and, if a residential seller has received an offer from a third-party buyer that is entirely a cash offer for the third-party to purchase the qualifying property, the local government, in accordance with section 29-4-1202 (5)(a)(II), must agree to close on the qualifying property within the same time period as set forth in the third-party buyer's offer for purposes of a matched offer. Material terms and conditions excludes, but is not limited to excluding, the type of financing or payment method or the period for closing.
(12) Mixed-income project means an affordable housing development in
which a percentage of units have restricted availability to households at or below given area median income levels, proportional to the demonstrated housing needs of the local community. The percentage of income restricted units and affordability levels must comply with laws enacted by local governments promoting the development of new affordable housing units pursuant to section 29-20-104 (1).
(13) Rent increase cap means a percentage of the current annual rent for
an applicable qualifying property that is equal to the greater of:
(a) The average annual percentage change for the previous twelve months at
the time of the calculation in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index; or
(b) Three percentage points.
(14) Residential seller means the fee simple owner of an applicable
qualifying property. If there is more than one fee simple owner of an applicable qualifying property, each fee simple owner is referred to in this part 12 jointly and severally as the residential seller.
Source: L. 2024: Entire part added, (HB 24-1175), ch. 286, p. 1899, � 1,
effective August 7.
C.R.S. § 29-4-224
29-4-224. Wage and labor conditions. Notwithstanding anything to the contrary contained in the housing authorities law or in any other provision of law, any housing authority is empowered to include in any construction contract let in connection with a housing project, as defined in said housing authorities law, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor and with any conditions or regulations which the federal government has imposed as a condition to its financial aid to said housing project.
Source: L. 37: p. 670, � 3. CSA: C. 82, � 55(1). CRS 53: � 69-3-24. C.R.S.
1963: � 69-3-24.
C.R.S. § 29-4-303
29-4-303. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Area means that portion of a municipality for which a plan of
rehabilitation is adopted by the city council of a municipality as set out in this part 3.
(2) Authority means the agency created by ordinance of the city council of
a municipality to carry out the development plan adopted for the area.
(3) City attorney means the official designated by the general laws of
Colorado or by the charter of a municipality to be responsible for the handling of its legal affairs.
(4) City auditor means the official of a municipality who has charge of
auditing the financial affairs of a municipality.
(5) City council means the city council of a city or the board of trustees of
an incorporated town or the legislative body of a municipality, by whatever name said legislative body is designated by statute or by city charter.
(6) City treasurer means the official who is the custodian of the funds of a
municipality.
(7) Development plan means the plan adopted by the city council of a
municipality for the development of an area.
(8) Mortgage means any mortgage, deed of trust, pledge, or other
instrument in writing by which any property, the proceeds thereof, or the income therefrom is made security for the repayment of any advance or loan of money as set out in this part 3.
(9) Municipality means any incorporated town or city of the state of
Colorado whether organized under general laws or under special charter.
(10) Planning commission means the board or commission of the
municipality whose duty it is under the statutes, charter, or ordinances to make plans for the growth and development of the municipality or to advise the executive officers of the municipality in the matter of planning.
(11) Public grounds of an area means those portions of the area set aside,
as provided in this part 3, for streets, alleys, parks, playgrounds, and other public uses.
(12) Reconstruction agency means any corporation, copartnership, or
person contracting to carry out in whole or in part the rebuilding under a development plan for an area.
Source: L. 45: p. 618, � 3. CSA: C. 82, � 64. CRS 53: � 69-4-3. C.R.S. 1963: �
69-4-3.
C.R.S. § 29-4-703
29-4-703. Definitions - rules. As used in this part 7, unless the context otherwise requires:
(1) Authority means the Colorado housing and finance authority created by
this part 7.
(2) Board means the board of directors of the Colorado housing and
finance authority.
(3) Bond means any bond, note, or other obligation of the Colorado housing
and finance authority authorized to be issued under this part 7.
(3.1) Capital means funds that are provided for the research, development,
refinement, or commercialization of a product or process, and funds that are provided for the operation of a business enterprise, including but not limited to the cost of personnel, rent, administrative services, utilities, insurance, equipment, raw materials, work in progress and stock in trade, or debt service on the financing thereof, or such other corporate purposes as may be approved by the board. Capital shall not include the cost of facilities that are financed by the authority as a project pursuant to this part 7.
(3.5) County means any county within this state.
(4) Executive director means the executive director of the Colorado
housing and finance authority appointed by the board of directors of said authority.
(4.5) (Deleted by amendment, L. 2007, p. 703, � 1, effective May 3, 2007.)
(5) Family means two or more persons, whether or not related by blood,
marriage, or adoption, who live or expect to live together as a single household in the same home, a single person who is either at least sixty-two years of age or has a disability, or such other single persons as the board may by rule determine to be eligible for assistance under this part 7.
(5.1) Federal government means the United States and any agency or
instrumentality, corporate or otherwise, of the United States.
(5.2) Financing agreement includes a lease, sublease, installment purchase
agreement, rental agreement, option to purchase, loan agreement, participation agreement, loan purchase agreement, or any other agreement, or any combination thereof, entered into in connection with the financing of a project or housing facility or the provision of capital pursuant to this part 7.
(5.3) Governing body means the board, council, officer, or group charged
with exercising the legislative power of a government.
(5.4) Government means the federal government, the state government,
and any county, municipality, or state agency.
(5.5) Home improvement loan means a loan of money for the alteration,
repair, or improvement of an existing housing facility. The term does not include a loan for a pool, hot tub, or any other construction not directly improving the structural integrity, general appearance, or living conditions within the housing facility.
(6) Housing facility means any work or undertaking that is designed and
financed pursuant to this part 7 for the primary purpose of providing decent, safe, and sanitary dwelling accommodations. Such dwelling accommodations may provide for separate, shared, or congregate facilities. Housing facility may include any buildings, land, equipment, facilities, or other real or personal property:
(a) Found necessary by the authority to ensure required occupancy or
balanced community development; or
(b) Found necessary or desirable by the authority for sound economic or
commercial development of a community.
(7) Housing facility loan means a loan of money, including advances and
temporary and permanent loans, for the construction, reconstruction, rehabilitation, or purchase of a housing facility.
(8) Lender means any state bank chartered by the state of Colorado or any
national banking association located in Colorado, state or federal savings and loan association located in Colorado, FHA-approved mortgagee, insurance company, mortgage banking or other financial institution, or public or private entity providing economic development assistance approved by the board.
(9) Loan to lender means a loan of money to a lender.
(10) Low-income family and low- or moderate-income family mean a
family whose income is insufficient to secure decent, safe, and sanitary housing provided by private industry without loans or other incentives made by the authority or federal subsidies and whose income is below respective income limits established by the board by rule, taking into consideration such factors as the following:
(a) The amount of the total income of such family available for housing
needs;
(b) The size of the family;
(c) The cost and condition of housing facilities available;
(d) The ability of such family to compete successfully in the private housing
market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing; and
(e) Standards established by various programs of the federal government for
determining eligibility based on income of such family.
(11) Mortgage means a mortgage, deed of trust, or other instrument
constituting a first lien on real property in this state and improvements constructed or to be constructed thereon or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, of not less than the term for repayment of the obligation secured by such mortgage.
(12) Mortgage loan means a loan of money, including advances and
temporary loans, for the construction, reconstruction, rehabilitation, purchase, or refinancing of a housing facility, which loan is evidenced by an obligation secured by a mortgage.
(12.1) Municipality means any city, including without limitation any city or
city and county operating under a home rule or special legislative charter, or town within this state.
(12.4) Project means a work or improvement that is or will be located in this
state, including but not limited to real property, buildings, equipment, furnishings, and any other real and personal property or any interest therein, financed, refinanced, acquired, owned, constructed, reconstructed, extended, rehabilitated, improved, or equipped, directly or indirectly, in whole or in part, by the authority and that is designed and intended for the purpose of providing facilities for manufacturing, warehousing, commercial, recreational, hotel, office, research and development, or other business or economic purposes, including but not limited to machinery and equipment deemed necessary for the operation thereof, excluding raw material, work in process, or stock in trade. Project includes more than one project or any portion of a project, but shall not include a housing facility or any portion thereof unless the authority elects to treat such housing facility or portion thereof as a project. Project shall not include the financing by the authority of any county or municipal public facilities beyond the boundaries of the project, except to the extent that such facilities are adjacent to the project and support the operation of the project.
(12.5) Project costs means the sum total of all costs incurred in the
development of a project which are approved by the authority as reasonable and necessary. Project costs includes, but is not limited to:
(a) The cost of acquiring real property and any buildings thereon, including
but not limited to payments for options, deposits, or contracts to purchase properties;
(b) The cost of site preparation, demolition, and development;
(c) Any expenses relating to the issuance of bonds or notes;
(d) Fees in connection with the planning, execution, and financing of the
project, such as those of architects, engineers, attorneys, accountants, and the authority;
(e) The cost of studies, surveys, plans and permits, insurance, interest,
financing, tax and assessment costs, and other operating and carrying costs incurred during construction;
(f) The cost of construction, rehabilitation, reconstruction, and equipping of
the project, not including the cost of raw materials, work in process, and stock in trade;
(g) The cost of land improvements, such as landscaping and off-site
improvements;
(h) Expenses in connection with initial occupancy of the project;
(i) A reasonable profit and risk fee in addition to job overhead to the general
contractor and, if applicable, the sponsor;
(j) An allowance established by the authority for contingency reserves and
reserves for any anticipated operating deficits after completion of the project; and
(k) The cost of other items that the authority determines to be reasonable
and necessary for the development of the project, including but not limited to relocation costs, utility connection fees, indemnity and surety bonds, premiums on insurance, and fees and expenses of trustees, depositories, and paying agents for the bonds and notes.
(12.6) Project plan means the plan for a project or projects and includes but
is not limited to:
(a) A map or any other appropriate representation of the area and the
location of the project;
(b) A statement of proposed land uses;
(c) Any proposed amendments to, changes in, or variances from the master
plan, official map, or zoning regulations or other land use regulations, codes, or ordinances of the county or municipality in which the project is to be located;
(d) A proposal for the acquisition of real property;
(e) A proposal for the demolition and removal of existing structures;
(f) A description of the project;
(g) A statement of the plan's relationship to any officially adopted objectives
of the county or municipality as to land uses, density of population, traffic, public transportation, public utilities, recreational and community facilities, other public improvements, and the protection of the environment;
(h) A statement of the provision being made for the temporary and
permanent relocation of any persons who may be displaced by the construction of the project;
(i) A proposed time schedule for the effectuation of the plan; and
(j) Additional statements or documentation as the authority may deem
appropriate.
(12.8) Real property means all lands and franchises and interests in land
located within this state, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term. Real property includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable.
(12.9) Small business means a profit or nonprofit enterprise of small or
moderate size, as determined by the board pursuant to regulation taking into consideration such factors as the following:
(a) The net assets of the enterprise;
(b) The number of employees involved or to be involved in the normal
operation of the project;
(c) The total number of employees involved or to be involved in the normal
operation of the enterprise as a whole;
(d) The type, size, and cost of the project; and
(e) Applicable standards and criteria periodically applied by the federal
government in administering assistance programs for enterprises of small or moderate size.
(13) Sponsor means an individual, joint venture, partnership, limited
partnership, trust, corporation, cooperative, condominium, association, public body, including the authority, or any other legal entity or combination thereof, which:
(a) The authority has approved as qualified to own, construct, acquire,
rehabilitate, operate, lease, manage, or maintain part or all of a housing facility or a project; and
(b) Except for a county, municipality, or other public body, has agreed to
subject itself to the regulatory powers of the authority.
(14) Repealed.
(15) State agency means any board, authority, agency, department,
commission, public corporation, body politic, or instrumentality of this state other than a municipality or a county.
(16) Repealed.
Source: L. 73: p. 805, � 1. C.R.S. 1963: � 69-11-2. L. 75: (6) amended and (6.5),
(7.5), (9), (10), and (11) added, p. 970, � 2, effective April 19. L. 76: (11) amended and (12) added, p. 689, � 2, effective April 19. L. 77: (5), (6), (8), and (9) amended, p. 1416, � 1, effective May 14; (5.5) added, (11) amended, and (12) repealed, pp. 1413, 1415, �� 2, 6, effective June 19. L. 82: (6) R&RE, p. 471, � 1, effective April 15; (8) amended, (13) R&RE, and (3.5), (5.1), (5.2), (5.3), (5.4), (12.1), (12.4), (12.5), (12.6) (12.8), (12.9), (15), and (16) added, pp. 461, 462, � 2, 3, 4, effective April 23. L. 84: (4.5) added, p. 807, � 1, effective April 13. L. 85: IP(6) amended, p. 1040, � 1, effective July 1. L. 87: (1) to (3), (4), (5.2), (8), (12.4), and IP(13) amended, (3.1) added, and (16) repealed, pp. 1191, 1197, �� 3, 21, effective May 20. L. 93: (5) amended, p. 1669, � 84, effective July 1. L. 2007: (3), (4.5), (5), (5.2), (5.5), (6), IP(10), (12), and (12.4) amended, p. 703, � 1, effective May 3.
Editor's note: This section was originally numbered as � 29-4-702 in C.R.S.
1973, but this section and the subsections within this section were renumbered on revision in the 1977 replacement volume for ease of location. The definition of thermal performance improvement loan, added as subsection (12) in 1976 and subsequently repealed in 1977, was renumbered as subsection (14) in the 1977 replacement volume.
C.R.S. § 29-4-708
29-4-708. General powers of the authority. (1) In addition to any other powers granted to the authority in this part 7, the authority has the following powers:
(a) To have the duties, privileges, immunities, rights, liabilities, and
disabilities of a body corporate and political subdivision of the state;
(b) To have perpetual existence and succession;
(c) To adopt, have, and use a seal and to alter the same at its pleasure;
(d) To sue and be sued;
(e) To enter into any contract or agreement not inconsistent with this part 7
or the laws of this state;
(f) To borrow money and to issue bonds evidencing the same;
(g) To purchase, lease, trade, exchange, or otherwise acquire, maintain, hold,
improve, mortgage, lease, and dispose of real property and personal property, whether tangible or intangible, and any interest therein;
(h) To acquire office space, equipment, services, supplies, and insurance
necessary to carry out the purposes of this part 7;
(i) To deposit any moneys of the authority in any banking institution within or
without the state or in any depository authorized in section 24-75-603, C.R.S., and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the moneys of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board requires;
(j) To disburse any moneys in the revolving fund established pursuant to
section 29-4-728 in accordance therewith;
(k) To contract for and to accept any gifts, grants, and loans of funds,
property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this part 7, with the terms and conditions thereof;
(l) To act as agent for federal, state, or local government or for qualified
organizations or corporations in connection with the acquisition, construction, reconstruction, rehabilitation, leasing, operation, or management of a housing facility or project or any part thereof or the furnishing of capital to business enterprises;
(m) To authorize the executive director to enter into contracts, execute all
instruments, and do all things necessary or convenient in the exercise of the powers granted in this part 7 and to secure the payment of bonds;
(n) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this part 7, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 7;
(o) To fix the time and place or places at which its regular and special
meetings are to be held. Meetings shall be held on the call of the chairman, but no less than eight meetings shall be held annually.
(p) To adopt and from time to time amend or repeal bylaws and rules and
regulations consistent with the provisions of this part 7;
(q) To elect one director as chairman of the board and another director as
chairman pro tem of the board and to appoint one or more persons as secretary and treasurer of the board and such other officers as the board may determine and provide for their duties and terms of office;
(r) To appoint an executive director and such other agents, employees, and
professional and business advisers as may from time to time be necessary in its judgment to accomplish the purposes of this part 7, and to fix the compensation of such employees, agents, and advisers, and to establish the powers and duties of all such officers, agents, and employees and other persons contracting with the authority;
(s) To provide a method for sponsors to let contracts on a fair and equitable
basis for the construction of housing facilities or projects or the performance or furnishing of labor, materials, or supplies as required in this part 7;
(t) To the extent permitted under its contract with the holders of bonds, to
enter into contracts containing provisions permitting the reduction of the rental or carrying charges to persons unable to pay the regular schedule of charges where, by reason of other income or payment by any department, agency, or instrumentality of the United States or this state, such reduction can be made without jeopardizing the economic stability of the housing facility being financed;
(u) To protect the interest of the authority in housing facilities, projects, and
loans to and equity investments in business enterprises for capital made under this part 7 by such action as is in the best interests of the authority, including, without limitation, taking assignment of leases, rentals, and other revenues and assets and proceeding with foreclosure, repossession, purchase, sale, or other means of acquisition of such facilities or projects or other security and, in the case of equity investments, taking any action permitted by law or pursuant to any subscription, partnership, or other instrument, certificate, or document related to such investment;
(v) To act as a coinsurer with any department or agency of the federal
government with respect to a loan to finance housing facilities for low- or moderate-income families;
(w) To waive, by such means as the authority deems appropriate, the
exemption from federal income taxation of interest on the authority's bonds, notes, or other obligations provided by the Internal Revenue Code of 1986, as amended, or any other federal statute providing a similar exemption;
(x) To make and execute agreements, contracts, and other instruments
necessary or convenient in the exercise of the powers and functions of the authority under this part 7, including but not limited to contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies are hereby authorized to enter into and do all things necessary to perform any such arrangement or contract with the authority.
(y) To arrange for guaranties or insurance of its bonds, notes, or other
obligations by the federal government or by any private insurer, and to pay any premiums therefor;
(z) To enter into agreements to pay annual sums in lieu of taxes to any
county, municipality, or other taxing entity with respect to any real property which is owned by the authority and is located in such county, municipality, or other taxing entity;
(aa) To provide financial advice and counseling with respect to business
enterprises and to provide for guaranties, insurance, coinsurance, or reinsurance against risks of loss on loans to business enterprises to finance projects or provide capital.
(bb) Repealed.
Source: L. 73: p. 807, � 1. C.R.S. 1963: � 69-11-7. L. 75: IP(1) and (1)(j), (1)(l),
(1)(p), (1)(q), and (1)(s) amended and (1)(f) and (1)(u) added, p. 972, � 4, effective April 9. L. 77: (1)(v) and (1)(w) added, p. 1417, � 4, May 14. L. 79: (1)(j) amended, p. 1618, � 17, effective June 8. L. 82: (1)(j) amended and (1)(w) R&RE, pp. 71, 472, � 2, 3, effective April 15; (1)(g), (1)(l), (1)(s), and (1)(u) amended and (1)(k) R&RE, p. 465, � 5, 6, effective April 23. L. 84: (1)(aa) added, p. 807, � 2, effective April 13. L. 87: (1)(l), (1)(u), (1)(w), and (1)(aa) amended, p. 1193, � 9, effective May 20. L. 2007: (1)(aa) amended, p. 705, � 4, effective May 3. L. 2020: IP(1) amended and (1)(bb) added, (SB 20-222), ch. 120, p. 497, � 1, effective June 23. L. 2021: (1)(bb)(II) amended, (HB 21-1302), ch. 271, p. 1571, � 3, effective June 21. L. 2022: (1)(bb)(I) amended, (SB 22-013), ch. 2, p. 93, � 129, effective February 25.
Editor's note: (1) This section was originally numbered as � 29-4-707 in
C.R.S. 1973 but was renumbered on revision in the 1977 replacement volume for ease of location.
(2) Subsection (1)(bb)(II) provided for the repeal of subsection (1)(bb),
effective September 1, 2024. (See L. 2021, p. 1571.)
C.R.S. § 30-1-104
30-1-104. Fees of sheriff. (1) Fees collected by sheriffs shall be as follows:
(a) For serving and returning summonses or other writ of process in a
criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than fifteen dollars;
(a.5) For serving and returning a summons or other writ of process in other
than a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than thirty-five dollars;
(b) For making a return on a summons in a criminal action not served, for
each party, in counties of every class, actual expenses, but not more than five dollars;
(b.5) For making a return on a summons in other than a criminal action not
served, for each party, in counties of every class, actual expenses, but not more than twenty dollars;
(c) For serving and returning each subpoena in a criminal action on each
witness, in counties of every class, actual expenses, but not more than seven dollars and fifty cents;
(c.5) For serving and returning each subpoena in other than a criminal action
on each witness, in counties of every class, actual expenses, but not more than sixty dollars;
(d) For making return on a subpoena in a criminal action not served, in
counties of every class, five dollars;
(d.5) For making a return on a subpoena in other than a criminal action not
served, in counties of every class, actual expenses, but not more than twenty dollars;
(e) For serving each juror in counties of every class, ten dollars;
(f) For serving and returning writ of attachment or replevin on each party, in
counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
(g) For serving garnishee summons on each party, in counties of every class,
actual expenses, but not more than twenty dollars;
(h) Mileage for each mile actually and necessarily traveled in serving each
writ, subpoena, or other process in a criminal action, not less than twelve cents nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;
(h.5) For mileage:
(I) Not to exceed the mileage rate authorized for county officials and
employees pursuant to section 30-11-107 (1)(t), for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in an action other than a criminal action; or
(II) A sheriff may establish a zone- or zip code-based mileage fee structure.
The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable, in the county. The applicable single mileage fee for a zone or zip code shall be charged for all papers served in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The single mileage fees for each zone or zip code shall be set by resolution of the board of county commissioners for the county and posted pursuant to section 30-1-108.
(i) In making demand for payment on executions when payment is not made,
in counties of every class, one dollar;
(j) For levying execution or writ of attachment, besides actual custodial and
transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
(k) For levying writ of replevin, besides actual custodial and transportation
costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
(l) No custodian shall be appointed by the sheriff to take custody of goods by
him or her attached, nor shall any deputy be placed in charge thereof, unless the plaintiff or his or her attorney shall request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollars per diem of twelve hours, or fraction thereof, which shall be taxed as costs in the case;
(m) For making and filing for record a certificate of levy on attachment or
other cases, in counties of every class, actual expenses, but not more than thirty dollars;
(n) For committing and discharging convicted prisoners to and from the
county jail, in counties of every class, a reasonable fee, not to exceed thirty dollars, which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted;
(o) For serving writ with aid of posse comitatus with actual expenses
necessarily incurred in executing said writ, in counties of every class, actual expenses, but not more than sixty dollars; for serving same without aid in counties of every class, actual expenses, but not more than four dollars;
(p) For attending before any judge, court not being in session, with prisoners
with writ of habeas corpus for each day of twelve hours, or fraction thereof, in counties of every class, twelve dollars;
(q) For attending courts of record when in session, per diem of twelve hours,
or fraction thereof, in counties of every class, twelve dollars; but the attendance upon the county court shall be certified by the judge of said court at the close of each month;
(r) For advertising property for sale, besides the actual cost of the
advertising, in counties of every class, actual expenses, but not more than thirty dollars;
(s) For making certificates of sale previous to execution of deed, or on sales
of personal property, in counties of every class, actual expenses, but not more than thirty dollars;
(t) For executing and acknowledging deed of sale of real estate, in counties
of every class, actual expenses, but not more than forty dollars;
(u) For taking, approving, and returning bond in any case, in counties of every
class, a reasonable fee, not to exceed ten dollars;
(v) For executing capias or warrant in criminal cases, on each prisoner named
therein, in counties of every class, two dollars;
(w) For transporting insane or other prisoners, besides the actual expenses
necessarily incurred, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars per diem of twelve hours, or fraction thereof, to be paid out of the county treasury;
(x) For his or her services in sales of real estate on an execution or decree,
order of court, or other court process, besides actual expenses, in counties of every class on all bids under three thousand dollars, twenty dollars; and on all sums bid over three thousand dollars, one percent; but such commission shall in no case exceed the sum of one hundred dollars;
(y) For money collected by sale of personal property, in counties of every
class, on all sums bid under five hundred dollars, five percent; on all sums bid over five hundred dollars and under one thousand dollars, six percent; and on all sums bid over one thousand dollars, seven percent; but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars;
(z) For money collected or settlements made without sale, after writ of
execution, attachment, or replevin has been placed in his or her hands and levy or demand for payment has been made on the proper party, in counties of every class, on all amounts under five hundred dollars, three percent; on all amounts over five hundred dollars and under one thousand dollars, two percent; and on all amounts over one thousand dollars, one and one-half percent; but the fee in no case shall exceed the sum of one hundred and fifty dollars; and the plaintiff or any person making any settlement shall be liable to the sheriff for such fees;
(aa) For pursuing and capturing, or pursuit without capture, when previously
authorized by the board of county commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of said county, in counties of every class, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars per diem of twelve hours for the time occupied in such pursuit;
(bb) For serving and returning writ of ne exeat or body attachment, in
counties of every class, actual expenses, but not more than twenty dollars;
(cc) For serving copy of execution when making levy on shares of stock
under execution, on each party served, in counties of every class, actual expenses, but not more than sixty dollars;
(dd) For making certificates of levy on shares, or otherwise, in counties of
every class, actual expenses, but not more than thirty dollars;
(ee) For making return on execution, in counties of every class, actual
expenses, but not more than sixty dollars;
(ff) For executing certificate of redemption, in counties of every class, actual
expenses, but not more than thirty dollars;
(gg) For service and execution of any writ of restitution or order of
possession of premises, besides actual transportation costs necessarily incurred in counties of every class, actual expenses not to exceed two hundred dollars; except that a sheriff may charge for actual expenses in excess of two hundred dollars if the work performed exceeds two hours in duration. A sheriff may charge a fee under this paragraph (gg) after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph (gg) shall only be charged once per location for each service or execution.
(1.5) If the cost of serving any writ of restitution or order of possession of
premises may be provided at a lower cost to a county by a private provider, such county shall contract with a private provider pursuant to a competitive bidding system in which a contract to provide the service of such writs is awarded to the lowest bidder. The provisions of this subsection (1.5) shall not be deemed to authorize that services related to the execution of any writ of restitution or order of possession of premises be provided through private contracting.
(2) As used in this section, actual expenses means those personnel and
processing costs incurred in typing, processing, filing, and serving said process papers but does not include mileage. Subject to the limitations contained in this section, the fee for each type of service shall be fixed by ordinance or resolution.
Source: L. 1891: p. 205, � 4. R.S. 08: � 2532. L. 21: p. 312, � 1. C.L. � 7882.
CSA: C. 66, � 16. CRS 53: � 56-4-7. L. 55: p. 390, � 1; C.R.S. 1963: � 56-4-8. L. 69: p. 386, � 1. L. 77: (1)(a), (1)(c), (1)(f), (1)(g), (1)(j), (1)(k), (1)(m) to (1)(t), and (1)(cc) to (1)(ff) amended and (2) added, p. 1429, � 1, effective July 1. L. 78: (1)(n) and (1)(w) amended, p. 442, � 1, effective March 3. L. 84: (1)(a), (1)(b), (1)(d), (1)(e), and (1)(w) to (1)(z) amended, p. 814, � 1, effective March 16. L. 88: (1)(j) and (1)(k) amended and (1)(gg) and (1.5) added, p. 1109, �� 1, 2, effective July 1. L. 94: (1)(u) amended, p. 1238, � 8, effective May 22. L. 96: (1) amended, p. 747, � 1, effective July 1. L. 2001: (1)(a.5), (1)(b.5), (1)(c.5), (1)(d.5), (1)(e), (1)(f), (1)(g), (1)(h.5), (1)(j), (1)(k), (1)(m), (1)(o), (1)(r), (1)(s), (1)(t), (1)(bb), (1)(cc), (1)(dd), (1)(ee), (1)(ff), and (1)(gg) amended, p. 436, � 1, effective July 1. L. 2004: (1)(n) amended, p. 631, � 1, effective July 1. L. 2005: (1)(f), (1)(j), (1)(k), and (1)(gg) amended, p. 263, � 2, effective August 8. L. 2010: (1)(b.5), (1)(d.5), and (1)(h.5) amended, (HB 10-1057), ch. 118, p. 396, � 1, effective August 11.
C.R.S. § 30-10-306.2
30-10-306.2. Commission organization - procedures - transparency - voting requirements. (1) The board of county commissioners shall appoint staff as needed to assist the commission. Staff or the advisory committee shall acquire and prepare all necessary resources, including computer hardware, software, and demographic, geographic, and political databases, as far in advance as necessary to enable the commission to begin its work immediately upon convening.
(2) The commission shall not vote upon a final plan until at least seventy-two
hours after it has been proposed to the commission in a public meeting or at least seventy-two hours after it has been amended by the commission in a public meeting, whichever occurs later.
(3) (a) All county residents, including individual members of the commission,
may present proposed redistricting plans or written comments, or both, for the commission's consideration.
(b) The commission shall provide meaningful and substantial opportunities
for county residents to present testimony, either in person or electronically, at hearings. If the hearings are held in person, each hearing must be held in a different third of the county. If the hearings are held electronically, the board of county commissioners shall either solicit feedback from the whole county for each hearing or solicit feedback from a different third of the county for each hearing. The board of county commissioners shall ensure that these hearings are broadly promoted throughout the county. The commission shall not approve a redistricting plan until at least three hearings have been held. No gathering of members of the commission can be considered a hearing for this purpose unless it is attended, in person or electronically, by at least a majority of the members of the commission. The commission shall establish the necessary elements of electronic attendance at a commission hearing.
(c) The commission shall maintain a website through which any county
resident may submit proposed plans or written comments, or both, without attending a hearing of the commission. The commission shall ensure that the website is easily accessible and contains a record of the commission's activities and proceedings, including the commission's directions to staff or an advisory committee on proposed changes to any plan and the commission's rationale for such changes.
(d) The commission shall publish all written comments pertaining to
redistricting on its website or comparable means of communicating with the public as well as the name of the county resident submitting such comments. If the commission, advisory committee, or staff have a substantial basis to believe that a person submitting such comments has not truthfully or accurately identified himself or herself, the commission need not consider and need not publish such comments but must notify the commenter in writing of this fact. The commission may withhold comments, in whole or in part, from the website or comparable means of communicating with the public that do not relate to redistricting plans, policies, or communities of interest.
(e) The commission shall provide simultaneous access to the hearings by
broadcasting them via its website or comparable means of communicating with the public, allowing both electronic and in-person public testimony, and maintaining an archive of such hearings for online public review.
(4) (a) Members of the commission are guardians of the public trust and are
subject to antibribery and abuse of public office requirements as provided in parts 3 and 4 of article 8 of title 18, as amended, or any successor statute.
(b) To ensure transparency in the redistricting process:
(I) (A) The commission and the members of the commission are subject to
open meetings requirements as provided in part 4 of article 6 of title 24, as amended, or any successor statute.
(B) Except as provided in subsections (4)(b)(I)(D) and (4)(b)(I)(F) of this
section, a member of the commission shall not communicate with staff or any members of the advisory committee on the mapping of county commissioner districts unless the communication is during a public meeting or hearing of the commission.
(C) Except for public input and comment, staff shall not have any
communications about the content or development of any plan outside of public hearings with anyone, including any members of the advisory committee, except other staff members. Likewise, except for public input and comment, members of the advisory committee shall not have any communications about the content or development of any plan outside of public hearings with anyone, including staff, except other members of the advisory committee. Communications about the content or development of any plan include communications about how plans will be drawn to satisfy the criteria in section 30-10-306.3, specific parameters related to the interpretation of the criteria in section 30-10-306.3, and requests for the drawing of additional plans. Staff or members of the advisory committee shall report to the commission any attempt by anyone to exert influence over the staff's or advisory committee's role in the drafting of plans.
(D) One or more staff may be designated to communicate with members of
the commission or advisory committee and, in the case of a commission that is composed of the board of county commissioners, administrative staff of the county, regarding administrative matters, the definition and scope of which shall be determined by the commission. Likewise, one or more members of the advisory committee may be designated to communicate with members of the commission or staff regarding administrative matters, the definition and scope of which shall be determined by the commission. Any communication that occurs outside of a public meeting or hearing of the commission between staff and a member of the advisory committee, beyond those allowed by this subsection (4)(b)(I)(D), must be documented and made a part of the public record.
(E) If a member participates in a communication prohibited by this section,
the communication and any complaints associated with it must be made part of the public record and documented on the website.
(F) Staff may make a completed proposed plan that staff prepared as a
result of a request made in a public hearing available to the public on the commission's website. In addition, staff may communicate with a member of the commission or the advisory committee to clarify directions that were given to staff during a public meeting regarding the creation of a proposed plan, so long as staff makes a record of the content of the communication available to the public on the commission's website.
(II) The commission, each member of the commission, the advisory
committee, each member of the advisory committee, and staff are subject to open records requirements as provided in part 2 of article 72 of title 24, as amended, or any successor statute; except that plans in draft form and not submitted to the commission are not public records subject to disclosure. Work product and communications among staff, members of the advisory committee, and between staff and the advisory committee are subject to disclosure once a plan is adopted by the board of county commissioners.
(III) Persons who contract for or receive compensation for advocating to the
commission, to one or more members of the commission, to the advisory committee, to one or more members of the advisory committee, or to staff for the adoption or rejection of any plan, amendment to a plan, mapping approach, or manner of compliance with any of the mapping criteria specified in section 30-10-306.3 are lobbyists who must disclose to the secretary of state any compensation contracted for, compensation received, and the person or entity contracting or paying for their lobbying services. Such disclosure must be made no later than seventy-two hours after the earlier of each instance of such lobbying or any payment of such compensation. The secretary of state shall publish on the secretary of state's website or comparable means of communicating with the public the names of such lobbyists, as well as the compensation received and the persons or entities for whom they work within twenty-four hours of receiving such information. The secretary of state shall adopt rules to facilitate the complete and prompt reporting required by this subsection (4)(b)(III) as well as a complaint process to address any lobbyist's failure to report a full and accurate disclosure, which complaint must be heard by an administrative law judge, whose decision may be appealed to the court of appeals.
Source: L. 2021: Entire section added, (HB 21-1047), ch. 70, p. 282, � 3,
effective April 29. L. 2024: (4)(b)(I)(B) amended and (4)(b)(I)(F) added, (SB 24-210), ch. 468, p. 3268, � 58, effective June 6.
Cross references: For the legislative declaration in HB 21-1047, see section 1
of chapter 70, Session Laws of Colorado 2021.
C.R.S. § 30-11-125
30-11-125. Licensing program for building contractors - contents of program - requirements - exceptions - definitions. (1) As used in this section, unless the context otherwise requires:
(a) (I) Building contractor means a building contractor who for
compensation directs, supervises, or undertakes any work for which a county building permit is required. A county licensing program established in accordance with the provisions of this section shall exclude from the definition of building contractor any person whose sole function in the work for which a county building permit is required is to perform labor under the supervision or direction of a building contractor.
(II) Building contractor shall not include an electrician required to be
licensed by the state pursuant to article 115 of title 12 or a plumber required to be licensed by the state pursuant to article 155 of title 12.
(b) County means any county or city and county in the state.
(c) Municipality means any home rule or statutory city or town in the state.
(d) Person means any individual, corporation, limited liability company,
partnership, association, or other legal entity.
(2) Subject to the requirements of this section, any county that has adopted
a building code may establish a licensing program to require a person who engages in the business of being a building contractor within the unincorporated areas of the county to obtain a license from the county prior to engaging in the business. The county may develop the licensing program in accordance with the requirements of this section, and any such program may include one or more of the following:
(a) Procedures that a building contractor would follow in order to obtain or
renew a license, including the submission of any documentation or information as may be required by the county;
(b) A requirement that the building contractor achieve a passing grade on a
nationally recognized examination promulgated by the international code council that is commonly used and accepted in the industry;
(c) Specification of the duration of the license issued by the county;
(d) Subject to the requirements of subsection (3) of this section, the
imposition of a reasonable fee to be charged by the county to a building contractor to cover the costs of any testing required to be performed by the county, the processing of the application, or any other costs incurred by the county in connection with the issuance or renewal of a license; or
(e) Grounds for the revocation or suspension of a license issued by the
county, grounds for the revocation or suspension of a building permit issued for a project for which the building contractor is found not to be in compliance with the county's licensing requirements, or grounds for the imposition of any lesser sanction, which shall be based on objective standards and criteria developed from the county building code, and procedures to be followed by the county in carrying out the revocation, suspension, or other sanction based upon such grounds, including a process for appealing any sanction so imposed.
(3) Any county that establishes a licensing program pursuant to this section
shall issue a license to a building contractor holding a valid license issued by another county or municipality in the state without requiring the building contractor to take or achieve a passing grade on any examination conducted by the county if the license issued by such other county or municipality required the building contractor to achieve a passing grade on a nationally recognized examination promulgated by the international code council commonly used and accepted in the industry. In the case of a building contractor holding a valid license issued by another county or municipality in the state, the fee charged by a secondary county for issuance or renewal of a license in accordance with the requirements of this section shall be reasonable and limited to costs incurred by the secondary county in processing the application and otherwise administering the issuance or renewal of a license required by this section.
(4) If a building contractor applying for a license complies with the
requirements for obtaining a license established by the county, the county shall issue a provisional license to the building contractor no later than seven business days after the building contractor has submitted a complete application. Notwithstanding the provisions of subsection (5) of this section, any failure on the part of the county to issue a nonprovisional license within forty-five days after submission of a complete application to a building contractor who has otherwise satisfied all other requirements for obtaining a license shall not preclude the building contractor from engaging in the business of being a building contractor and applying for a building permit for unincorporated areas of the county.
(5) Except as otherwise provided in subsection (4) of this section, no person
shall engage in the business of being a building contractor within the unincorporated areas of any county that has adopted a licensing program created pursuant to this section unless the person holds a valid license issued or recognized by the county in accordance with the requirements of this section.
(6) Notwithstanding any other provision of this section:
(a) The provisions of this section shall apply to any licensing program
operated or administered by a county that is in existence as of August 3, 2007. Any licensing program operated or administered by a county as of August 3, 2007, that satisfies or is amended to satisfy the requirements of this section is hereby ratified as compliant with the requirements of this section and need not be reestablished by the county.
(b) Nothing in this section shall be construed to require any individual to hold
a license to perform repair or maintenance work on his or her own property, nor shall it prevent a person from employing an individual on either a full-time or a part-time basis to perform repair or maintenance work on his or her own property who is not licensed under the provisions of this section.
Source: L. 2007: Entire section added, p. 392, � 1, effective August 3. L.
2019: (1)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, � 214, effective October 1.
C.R.S. § 30-15-401.4
30-15-401.4. Statewide policy to prevent the operation of illicit massage businesses - local regulation authorized - background checks required - legislative declaration - definitions. (1) (a) The general assembly finds and declares that:
(I) Illicit massage businesses present a facade of legitimate services,
concealing that the primary business is the sex and labor trafficking of victims who are trapped in these businesses;
(II) Human trafficking is a growing problem throughout Colorado;
(III) All local governments in the state already have authority to enact
resolutions or ordinances to establish licensing authorities to regulate or otherwise regulate massage facilities and to deter and shut down illicit massage facilities; and
(IV) Because preventing the operation of illicit massage facilities by
requiring current and prospective operators, owners, and employees of massage facilities to submit to periodic background checks is a matter of statewide concern and licensing and other regulation of massage facilities is a matter of mixed statewide and local concern that local governments have significant discretion to address in accordance with local needs, it is necessary, appropriate, and in the best interest of all Coloradans to:
(A) Require, uniformly throughout the state as a matter of statewide policy,
that every current and prospective operator, owner, and employee of a massage facility submit to a background check, which generally means a fingerprint-based criminal history record check, as required by this section; and
(B) Require every local government in the state that has a massage facility
within its jurisdictional boundaries to establish a local process that ensures that the background checks are conducted throughout the state in accordance with the requirements and limitations set forth in this section.
(V) to (VIII) Repealed.
(b) The general assembly further finds and declares that:
(I) A local government may adopt a resolution or ordinance to establish
business licensure requirements to regulate massage facilities or to regulate and prohibit unlawful activities for the sole purpose of deterring illicit massage businesses and preventing human trafficking;
(II) It is critical for effective local enforcement against human trafficking
that local governments work together against this increasing criminal activity;
(III) Licensing authorities and local law enforcement agencies are
encouraged to report to the department of regulatory agencies information regarding criminal activities involving massage therapists;
(IV) Most licensed massage therapists in Colorado are practicing lawfully
and ethically; and
(V) The general assembly does not intend to make the practice of lawful
massage therapy more difficult for massage therapists in Colorado.
(2) As used in this section, unless the context otherwise requires:
(a) Advertise means to publish, display, or disseminate information and
includes, but is not limited to, the issuance of any card, sign, or direct mail, or causing or permitting any sign or marking on or in any building or structure or in any newspaper, magazine, or directory, or any announcement or display via any televised, computerized electronic, or telephonic networks or media.
(a.3) Applicant means a person who has submitted an application to a
licensing authority for an initial license or renewal of a license to operate a massage facility.
(a.5) Background check means a fingerprint-based criminal history record
check conducted in accordance with subsection (4)(c.5) of this section and section 24-33.5-424.5. Background check also includes, to the extent allowed or required, as applicable, by section 24-33.5-424.5 (1)(g) when a fingerprint-based criminal history record check cannot be completed or reveals a record of arrest without disposition, a criminal history record check using the Colorado bureau of investigation's records and a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.
(a.7) Except as otherwise provided in subsection (2)(a.7)(II) of this section,
employee means:
(I) (A) An individual who is employed by a massage facility; or
(B) An independent contractor who is hired by a massage facility to perform
work that is part of the routine operations of the massage facility.
(II) For the purpose of determining who is required to submit to a background
check required by subsection (4)(c.5) of this section, employee does not include:
(A) A massage therapist; or
(B) An independent contractor who performs janitorial services or other
routine facility maintenance services for a massage facility and has no contact with or only incidental contact with clients of the massage facility.
(b) Erotic parlor means a facility that entices clients through advertising or
other business practices directed towards sexual desire, lust, or passion.
(c) Fully clothed means fully opaque, nontransparent material that must
not expose an employee's genitalia or substantially expose the employee's undergarments.
(d) Illicit massage business means a business that may provide massage
but engages in human trafficking-related offenses, as described in sections 18-3-503 and 18-3-504.
(e) Licensing authority means the governing body of a local government or,
if a local government has exercised its authority to adopt a resolution or ordinance that establishes licensure requirements for massage facilities or to regulate and prohibit unlawful activities related to massage facilities, any authority designated by the local government's charter or in a resolution or ordinance to administer or enforce the business licensure requirements, regulations, or prohibitions for massage facilities established by the local government.
(e.5) Local government means a home rule or statutory county, a city and
county, or a home rule or statutory municipality.
(e.7) Local law enforcement agency means:
(I) A county sheriff's office;
(II) A municipal police department; or
(III) A town marshal's office.
(f) Massage or massage therapy has the same meaning as defined in
section 12-235-104 (4).
(g) Massage facility means any place of business where massage therapy
or full body massage is practiced or administered.
(h) Massage therapist has the same meaning as defined in section 12-235-104 (5).
(h.3) Operator means a person that is licensed by a licensing authority to
operate a massage facility in accordance with a local resolution or ordinance or a person that is operating a massage facility without a license within the territory of a local government that does not require licensure of massage facilities; except that, for the purpose of determining whether a person is required to submit to a background check required by subsection (4)(c.5) of this section, operator does not include a massage therapist.
(h.5) Owner means a person other than an operator that holds a legal
ownership interest in a massage facility; except that a person that is not involved in the operation of a massage facility and whose ownership interest consists only of stock in a publicly traded company that owns or operates a massage facility is not an owner.
(i) Person means a natural person, partnership, association, company,
corporation, or organization or managing agent, servant, officer, partner, owner, operator, or employee of any of them.
(j) Solo practitioner means a licensed massage therapist, as defined in
section 12-235-104 (5), performing the practice of massage therapy independently.
(k) Table shower means an apparatus for the bathing or massaging of a
person on a table or in a tub.
(3) (a) In addition to any other powers, a local government may adopt a
resolution or ordinance to establish business licensure requirements or to regulate and prohibit unlawful activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses as described in sections 18-3-503 and 18-3-504. If a local government adopts a resolution or ordinance to establish business licensure requirements pursuant to subsection (4) of this section or to prohibit unlawful activities pursuant to subsection (5) of this section, the resolution or ordinance must not be more restrictive than the requirements set forth in this section.
(b) When developing a resolution or ordinance for adoption pursuant to this
section, a county and a municipality within the county shall consult with each other. By mutual agreement between a county and a municipality within the county, a municipality may elect to have a county's resolution or ordinance adopted pursuant to this section apply to massage facilities operating within the jurisdictional boundaries of the municipality in lieu of adopting its own ordinance or resolution.
(c) A local government is not required to adopt a resolution or ordinance as
otherwise required by this subsection (3) if there are no massage facilities operating within the jurisdictional boundaries of the local government.
(3.5) Except as otherwise provided in subsection (3)(c) of this section, a local
government shall establish a process in accordance with 34 U.S.C. sec. 41101, which must be established by ordinance or resolution, in accordance with 34 U.S.C. sec. 41101; must meet the criteria established by the federal bureau of investigation in implementing 34 U.S.C. sec. 41101; and must be performed in accordance with section 24-33.5-424.5, to require that, as a condition for a person remaining as or becoming an operator, owner, or employee:
(a) An operator, owner, or employee on the effective date of the resolution or
ordinance submit to a background check performed in accordance with section 24-33.5-424.5 on or before the earlier of July 1, 2026, or any other date specified by a local government in its process;
(b) A prospective employee submit to a background check performed in
accordance with section 24-33.5-424.5 before commencing employment with a massage facility; and
(c) A prospective operator or owner submit to a background check
performed in accordance with section 24-33.5-424.5 at least thirty days before, as applicable, being granted a license to operate a massage facility or assuming an ownership interest in a massage facility that would make the prospective owner an owner.
(4) (a) If a local government adopts a resolution or ordinance to establish
business licensure requirements for massage facilities as set forth in subsection (3)(a) of this section, the business licensure requirements may only include:
(I) Requiring that a massage facility obtain a license prior to opening for
business and operating as a massage facility;
(II) Requiring a reasonable administrative fee not to exceed one hundred fifty
dollars for issuing or renewing licensure applications. The fee must not be based on the number of employees. This subsection (4)(a)(II) applies only to new businesses applying for a license or renewal on or after August 10, 2022. Businesses that hold a license before August 10, 2022, are exempt from the administrative fees described in this subsection (4)(a)(II).
(III) Designating a licensing authority to receive, review, approve, or deny
applications;
(IV) Allowing a licensing authority or a licensing authority's designee to deny
an application if:
(A) A required administrative fee is not paid;
(B) The local government zoning or subdivision regulations do not allow for
the operation of a massage facility;
(C) The applicant or an owner, prospective owner, or employee has been
convicted of or entered a plea of guilty or nolo contendere that is accepted by the court for a felony or misdemeanor for solicitation of a prostitute, as described in section 18-7-202; a human trafficking-related offense, as described in section 18-3-503 or 18-3-504; money laundering, as described in section 18-5-309;
(D) The applicant or an owner, prospective owner, or employee is registered
as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103;
(E) (Deleted by amendment, L. 2024).
(F) The applicant has one or more previous revocations or suspensions of a
license to operate a massage facility;
(G) An employee of the massage facility for which the applicant has filed an
application for a license has not submitted to a required background check before commencing employment with the massage facility pursuant to subsections (4)(c) and (4)(c.5) of this section; or
(H) The applicant or an owner or prospective owner of the massage facility
for which the applicant has filed an application for a license has not submitted to a required background check pursuant to subsections (4)(c) and (4)(c.5) of this section at least thirty days before, as applicable, being granted a license to operate the massage facility or assuming an ownership interest in a massage facility that would make the prospective owner an owner.
(V) Allowing a licensing authority or a licensing authority's designee the
discretion to deny an application after considering, in accordance with section 24-5-101, an applicant's, owner's or prospective owner's, or employee's or prospective employee's conviction of or plea of guilty or nolo contendere that is accepted by the court for a felony or a misdemeanor for fraud or theft or embezzlement, as described in section 18-4-401;
(VI) Requiring licensees to maintain a list of employees on site with the start
date of employment, full legal name, date of birth, home address, telephone number, and employment position of each employee;
(VII) Requiring licensees and employees to have valid government
identification, including but not limited to a form of identification described in section 24-21-521 (4)(a) and, for licensed massage therapists, a form of identification required for licensed massage therapists as described in section 24-34-107 (1), that must be immediately presented to a licensing authority or the licensing authority's designees upon request;
(VIII) Requiring licensed massage therapists to maintain copies of valid
massage therapy licensure, as required by article 235 of title 12, that must be immediately presented to a licensing authority, the licensing authority's designees, or law enforcement upon request;
(IX) Requiring licensees to maintain a complete set of records, which may
include accounts, invoices, payroll, employment records, and a log book of all massage therapy administered at the massage facility. The log book must include, but need not be limited to, the date, time, and type of massage therapy administered, and the name of the massage therapist administering the massage therapy. The licensee shall retain the records in the log book for a minimum of one year following the administration of massage therapy. Local law enforcement or the licensing authority, or the licensing authority's designee, may inspect the set of records during business hours.
(X) Designating the licensing authority, or the licensing authority's
designees, responsible for the enforcement of the resolution or ordinance;
(XI) Setting penalties for the violation of prohibited activities as described in
subsection (5) of this section;
(XI.5) Granting the licensing authority, or the licensing authority's designees,
authority to revoke or suspend a license if:
(A) The licensee employs a person who has not submitted to a background
check or an owner of the massage facility has not submitted to a background check as required pursuant to subsections (4)(c) and (4)(c.5) of this section;
(B) The licensee employs a person who has been convicted of or entered a
plea of nolo contendere that is accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103; or
(C) An owner of the licensed massage facility has been convicted of or
entered a plea of nolo contendere that is accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103; and
(XII) Granting a licensing authority, or licensing authority's designees, the
authority to revoke or suspend a license for violating prohibited acts pursuant to subsection (5) of this section. A licensing authority, or the licensing authority's designees, may temporarily suspend a license with a hearing to be scheduled within fifteen days when the licensing authority finds:
(A) The licensee willfully failed to disclose any information on the application
as required;
(B) The licensee knowingly permitted a person who does not hold a valid
license pursuant to section 12-235-107 to perform massage therapy;
(C) A pattern of activity that the massage facility is committing human
trafficking-related offenses, as described in sections 18-3-503 and 18-3-504; and
(D) The licensee failed to permit an inspection at a time the massage facility
was open for business.
(b) The licensing authority may issue a temporary massage facility license
upon receipt of a completed massage facility license application involving the sale or change of ownership in a business. The temporary massage facility license is valid for thirty days, and the licensing authority shall renew the temporary massage facility license every thirty days until approval or denial of the massage facility license.
(c) In investigating the fitness of any applicant, owner or prospective owner,
or employee or prospective employee, a licensing authority shall require the applicant, owner or prospective owner, or employee or prospective employee to submit to a background check in accordance with subsection (4)(c.5) of this section. When considering an applicant's, owner's or prospective owner's, or employee's or prospective employee's criminal history record, the licensing authority shall also consider any information provided by the applicant, owner or prospective owner, or employee or prospective employee regarding the criminal history, including, but not limited to, evidence of mitigating factors, rehabilitation, character references, and educational achievements, especially the mitigating factors pertaining to the period between the applicant's, owner's or prospective owner's, or employee's or prospective employee's last criminal conviction and the consideration of the applicant's, owner's or prospective owner's, or employee's or prospective employee's application for a license or renewal, ownership or prospective ownership of a massage facility, or employment or prospective employment by a massage facility.
(c.5) Repealed.
(d) A licensing authority, or the licensing authority's designee, may report
information to the department of regulatory agencies regarding criminal activity involving a licensed massage therapist.
(4.5) (a) A person is prohibited from being an owner if the person either:
(I) Has not submitted to a required background check at least thirty days
before assuming an ownership interest in a massage facility that would make the prospective owner an owner pursuant to subsections (4)(c) and (4)(c.5) of this section; or
(II) Has been convicted of or entered a plea of nolo contendere that is
accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103.
(b) An operator or owner is prohibited from employing as an employee a
person who has not submitted to a required background check pursuant to subsections (4)(c) and (4)(c.5) of this section.
(c) An operator or owner that learns that a prospective employee or
employee has been convicted of or entered a plea of nolo contendere that is accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103, may hire the prospective employee to work at a massage facility or continue to employ the employee at a massage facility if the operator or owner believes that employing the prospective employee or employee does not pose a threat to customers or employees of the massage facility.
(5) A local government may adopt a resolution or ordinance to prohibit
activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses as described in sections 18-3-503 and 18-3-504. Prohibited activities include:
(a) Allowing a person who does not hold a massage therapy license pursuant
to section 12-235-107 to perform massage in a massage facility;
(b) Advertising to a prospective client that services, including prostitution,
sexual acts, escort services, sexual services, or services related to human trafficking disguised as legitimate services, are available;
(c) Permitting sexual acts or sexual services within or near a massage
facility or in relation to massage therapy;
(d) Denying inspection of a massage facility by law enforcement or
inspectors of a licensing authority;
(e) Refusing, interfering with, or eluding immediate identification of
employees of the massage facility to law enforcement or a licensing authority's appointed inspectors;
(f) Failing to immediately report to law enforcement any act of sexual
misconduct occurring in a massage facility;
(g) Allowing an employee or contractor of a massage facility to provide
massage therapy without being fully clothed;
(h) Requiring client nudity as part of a massage without the client's prior
consent;
(i) Allowing a massage facility to be open and practicing massage therapy
without a licensed massage therapist on the premises;
(j) Permitting a person in a massage facility to make an agreement with an
employee or contractor to engage in any prostitution-related offense in the massage facility or any other location;
(k) Permitting a massage facility to be used for housing, sheltering, or
harboring any person, or as living or sleeping quarters for any person; except that an owner and the owner's family members who operate a massage facility as a home business are exempt from the prohibited activity in this subsection (5)(k); and
(l) Operating an erotic parlor on the premises of a massage facility.
(6) (a) If authorized by the local government resolution or ordinance, a law
enforcement officer may follow the penalty assessment procedure described in section 16-2-201 for any violation of the prohibitions set forth in subsection (5) of this section. As part of the local government ordinance or resolution authorizing the penalty assessment procedure, the local government may adopt a graduated fine schedule for violations of the prohibitions set forth in subsection (5) of this section. A graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same person.
(b) A local government may specify in the resolution or ordinance that a
massage facility that engages in two or more violations of the resolution or ordinance is a public nuisance, as described in section 16-13-303, unless the violation is already a public nuisance, as described in section 16-13-303. The county attorney of a county, the city attorney of a city and county, the city or town attorney of a municipality, or the district attorney acting pursuant to section 16-13-302, may bring an action in the district court of the county for an injunction against the massage facility that violates the resolution or ordinance.
(7) A massage facility does not include:
(a) Training rooms in public and nonpublic institutions of higher education, as
defined in section 23-3.1-102 (5);
(b) Training rooms of recognized professional or amateur athletic teams;
(c) Offices, clinics, or other facilities in which medical professionals licensed
by the state of Colorado, or any other state, provide massage services to the public in the ordinary course of the medical profession;
(d) Medical facilities licensed by the state;
(e) Barber shops, beauty salons, and other facilities in which barbers and
cosmetologists licensed by the state provide massage services to the public in the ordinary course of the profession;
(f) Bona fide athletic clubs that are not engaged in the practice of providing
massage therapy to the members or to the public for remuneration or if an athletic club does not receive more than ten percent of its gross income providing massages to the athletic club's members or to the public;
(g) A place of business where a person offers to perform or performs
massage therapy:
(I) For seventy-two hours or less in a six-month period; and
(II) As part of a public or charity event in which the primary purpose is not to
provide massage therapy; and
(h) A place of business where a licensed massage therapist practices as a
solo practitioner and:
(I) Does not use a business or assumed name; or
(II) Uses a business or assumed name and provides the massage therapist's
full legal name or license in each advertisement, and each time the business name or assumed name appears in writing; and
(III) Does not maintain or operate a table shower.
Source: L. 2022: Entire section added, (HB 22-1300), ch. 439, p. 3085, � 1,
effective August 10. L. 2024: (1)(a)(III), (1)(a)(IV), (1)(b), (2)(e), (3), IP(4)(a), (4)(a)(IV), (4)(a)(V), (4)(a)(XI), (4)(c), IP(5), and (6) amended, (1)(a)(V) to (1)(a)(VIII) repealed, and (2)(a.3), (2)(a.5), (2)(a.7), (2)(e.5), (2)(e.7), (2)(h.3), (2)(h.5), (3.5), (4)(a)(XI.5), (4)(c.5), and (4.5) added, (HB 24-1371), ch. 462, p. 3210, � 1, effective August 7. L. 2025: (2)(a.5) and (3.5) amended and (4)(c.5) repealed, (SB 25-146), ch. 342, p. 1854, � 6, effective June 2.
C.R.S. § 30-20-103
30-20-103. Application for certificate. (1) Any person desiring to own or operate a solid wastes disposal site and facility shall make application to the governing body having jurisdiction over the area in which such site and facility is or is proposed to be located for a certificate of designation. Such application shall be accompanied by a fee to be established by the governing body having jurisdiction, which fee shall be based on the anticipated costs that may be incurred by such governing board in the application review and approval process and shall not be refundable. The application shall set forth the location of the site and facility; the type of site and facility; the type of processing to be used, such as sanitary landfill, composting, or incineration; the hours of operation; the method of supervision; the rates to be charged, if any; and such other information as may be required by the governing body having jurisdiction over the area. The application shall also contain such engineering, geological, hydrological, and operational data as may be required by the department by rule. All such applications shall be referred to the department for review and for recommendation as to approval or disapproval, which shall be based upon criteria established by the solid and hazardous waste commission, the water quality control commission, and the air quality control commission. Such review and recommendation of an application by the department shall include a technical review of the environmental and public health issues provided in section 30-20-110 that are raised by the proposed site and facility. As a part of the department's review of an application for a solid wastes site and facility, the department shall provide a period of not less than thirty days during which members of the public may review and make comments concerning such application.
(2) Upon receiving an application for a solid wastes disposal site and facility,
the department shall perform an initial examination to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application. The department shall mail written notification to the applicant within such time period of the department's decision either to begin its review of such application or to reject such application because of incompleteness.
(3) After the initial approval of an application pursuant to the provisions of
subsection (2) of this section, the department shall determine whether it shall complete the review of the application or whether it shall offer the applicant the option of having such application reviewed by a private contractor. Such determination shall be made pursuant to the provisions of section 30-20-103.7 (1). If the department reviews such application, the department shall complete such review within one hundred fifty days after the date of issuance of its initial approval of such application.
Source: L. 67: p. 759, � 3. C.R.S. 1963: � 36-23-3. L. 71: p. 341, � 4. L. 79:
Entire section amended, p. 1059, � 7, effective June 20. L. 84: Entire section amended, p. 819, � 1, effective July 1. L. 91: Entire section amended, p. 965, � 4, effective June 5; entire section amended, p. 955, � 1, effective July 1. L. 2006: (1) amended, p. 1134, � 16, effective July 1.
Editor's note: Amendments to this section by Senate Bill 91-168 and Senate
Bill 91-174 were harmonized.
C.R.S. § 30-20-103.7
30-20-103.7. Review of applications by private contractors. (1) (a) Upon issuing an initial approval of an application for a solid wastes disposal site and facility under the provisions of section 30-20-103 (2), the department shall determine whether it will be able to complete review of such application within one hundred fifty days. If the department determines that it is capable of completing the review within the required time period, it shall commence review under the provisions of section 30-20-103. If the department determines that it cannot complete the review of an application within such time period, the department shall offer the applicant the option of having such application reviewed by a private contractor within one hundred fifty days or having such application reviewed by the department. If the applicant chooses to have such application reviewed by the department, the department shall not be required to complete its review within the one-hundred-fifty-day time period.
(b) A county shall not reject an application for a solid wastes disposal site
and facility solely because the review of such application was performed by a private contractor under the provisions of this section.
(2) (a) The department shall maintain a register of private contractors to
review applications for solid wastes disposal sites and facilities. The department is hereby authorized to contract with such private contractors pursuant to the provisions of part 14 of article 30 of title 24, C.R.S., for inclusion on such register. Any such contract shall be between the department and the private contractor. An applicant shall be responsible for the fee charged by a private contractor for the review of such applicant's application, but shall not be a party to such contract. The department shall contract with a sufficient number of private contractors to allow reassignment of an application if it is necessary to disqualify one or more private contractors because of conflicts of interest or other reasons.
(b) If the department assigns an application to a private contractor under the
provisions of this section, such private contractor shall provide the department and the applicant with the fee schedule of such private contractor and with an estimate of the fee to be charged for the review of such application.
(c) Upon being notified of the identity of the assigned private contractor and
upon receiving such private contractor's fee schedule and estimated fee, an applicant has the option to allow the application review to commence or to reject the private contractor. If such applicant rejects a private contractor, the department shall assign a second private contractor. If such applicant rejects the second private contractor, the department shall review such applicant's application, but the department shall not be required to complete such review within the one-hundred-fifty-day time period.
(d) The review of an application for a solid wastes disposal site and facility
by a private contractor shall be based upon the same criteria as is used by the department of public health and environment under the provisions of section 30-20-103.
(e) During the review period for an application, a private contractor shall
contact the applicant and the department concerning any problems such private contractor finds in such application and shall offer the applicant an opportunity to provide such materials or explanations as the private contractor determines are necessary to complete review of such application or to make necessary amendments to such application.
(3) Any moneys which are collected by the department from solid wastes
disposal site and facility applicants in payment for private contractor application review fees shall be transmitted to the state treasurer, who shall credit the same to the solid waste management fund created in section 30-20-118. Such moneys collected for the fees charged by private contractors shall be annually appropriated by the general assembly to the department for the sole purpose of transferring such fees to such private contractors in payment for their services.
Source: L. 91: Entire section added, p. 956, � 2, effective July 1. L. 94: (2)(d)
amended, p. 2800, � 558, effective March 9.
C.R.S. § 30-20-104.5
30-20-104.5. Closure and postclosure care estimates - corrective action cost estimates - financial assurance requirements - rules. (1) The solid and hazardous waste commission shall promulgate rules that implement financial assurance requirements for the final closure of solid wastes disposal sites and facilities, the conduct of postclosure care for such sites and facilities, and the undertaking of any corrective action made necessary by the migration of contaminants from such sites and facilities into groundwater. Such rules shall include, but are not limited to, the following requirements:
(a) That the owner or operator of any solid wastes disposal site and facility
shall maintain:
(I) A detailed written estimate of the cost of hiring a third party to close the
largest area of such site and facility which has or will require a cover during the active life of such site and facility; and
(II) A detailed written estimate of the cost of hiring a third party to conduct
postclosure care at such site and facility;
(b) That the owner or operator of any solid wastes disposal site and facility
that is required to undertake a corrective action program pursuant to the requirements of subpart E of the federal regulations promulgated pursuant to the provisions of subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended, shall maintain a detailed written estimate of the cost of hiring a third party to perform such corrective action;
(c) That the owner or operator of any solid wastes disposal site and facility
shall notify the department when the cost estimates required by paragraphs (a) and (b) of this subsection (1) have been placed in the operating file for such site and facility;
(d) That the owner or operator of any solid wastes disposal site and facility
shall:
(I) Express the cost estimates required by paragraphs (a) and (b) of this
subsection (1) in current dollars;
(II) Annually adjust such cost estimates to account for inflation; and
(III) Increase such cost estimates under the following circumstances:
(A) The cost estimate for the cost of hiring a third party to close such site
and facility maintained pursuant to the provisions of subparagraph (I) of paragraph (a) of this subsection (1) shall be increased if changes to the closure plan for such site and facility or changes in the conditions of such site and facility increase the maximum cost of closure at any time during the remaining active life of such site and facility.
(B) The cost estimate for the cost of hiring a third party to conduct
postclosure care for such site and facility maintained pursuant to the provisions of subparagraph (II) of paragraph (a) of this subsection (1) shall be increased if changes to the postclosure plan for such site and facility or changes in the conditions of site and facility increase the maximum cost of postclosure care for such site and facility.
(C) The cost estimate, if any, for the cost of hiring a third party to undertake
corrective action for such site and facility maintained pursuant to the provisions of paragraph (b) of this subsection (1) shall be increased if changes in the corrective action program for such site and facility or changes in the conditions of such site and facility increase the maximum cost of corrective action for such site and facility.
(e) That the owner or operator of any solid wastes disposal site and facility
shall comply with the financial assurance requirements mandated by the rules of the solid and hazardous waste commission promulgated pursuant to subsection (3) of this section.
(2) The owner or operator of a solid wastes disposal site and facility may
reduce the amount of a cost estimate maintained pursuant to the provisions of paragraph (a) or (b) of subsection (1) of this section if such cost estimate exceeds the maximum cost of completing the actions contemplated by such cost estimate.
(3) (a) The solid and hazardous waste commission shall promulgate rules
that require the owner or operator of a solid wastes disposal site and facility to establish sufficient financial assurance to pay for the cost estimates required by paragraphs (a) and (b) of subsection (1) of this section. No solid wastes disposal site and facility shall operate without being in compliance with the financial assurance requirements contained in such rules. Such rules shall include, but shall not be limited to, provisions that define the mechanisms that may be used by the owner or operator of a solid wastes disposal site and facility to establish sufficient financial assurance pursuant to this section. The mechanisms to establish financial assurance that are defined by the commission shall include, but are not limited to, those mechanisms authorized by the federal regulations promulgated pursuant to subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended.
(b) (I) The sufficiency of the financial assurance provided pursuant to the
provisions of paragraph (a) of this subsection (3) for any proposed solid wastes disposal site and facility shall be reviewed as part of the department's review of the application for such proposed site and facility pursuant to the provisions of this section.
(II) The sufficiency of the financial assurance provided pursuant to the
provisions of paragraph (a) of this subsection (3) for any solid wastes disposal site and facility that is in existence at the time the applicable regulations of the department become effective shall be reviewed pursuant to the procedures established by the department. Such review may be performed either by the department or by a private contractor hired by the department for the purpose of completing such review. The department is authorized to impose a fee for any such review that is performed by the department; except that such fee shall not exceed the actual documented costs incurred by the department in the performance of such review. Except as otherwise provided in this section, any such review that is performed by a private contractor shall be conducted pursuant to the provisions of section 30-20-103.7.
(3.5) The department, pursuant to the provisions of part 14 of article 30 of
title 24, C.R.S., is authorized to contract with one or more private contractors for the purpose of conducting the third-party closure, postclosure care, or corrective action at a solid waste facility as may be necessary. The department is authorized to expend such moneys for closure, postclosure care, or corrective action as is made available to the department by operation of law from the financial assurance mechanisms provided by the owner or operator of the solid wastes site and facility. Any such contract shall be between the department and the private contractor. The owner or operator shall not be a party to such contract. The department may disallow a contractor because of conflicts of interest or other reasons. The department may contract with the governing body that issued the certificate of designation to conduct such closure, postclosure care, or corrective action.
(4) The rules promulgated by the solid and hazardous waste commission
pursuant to this section shall comply with the federal regulations promulgated pursuant to subtitle D of the federal Resource Conservation and Recovery Act of 1976, as amended. Such rules shall require that all solid wastes disposal sites and facilities be fully in compliance with such rules by the date established in the federal Resource Conservation and Recovery Act of 1976, as amended, and its regulations.
Source: L. 92: Entire section added, p. 1276, � 3, effective July 1. L. 94: (4)
amended, p. 33, � 3, effective March 9. L. 98: (3.5) added, p. 882, � 8, effective July 1. L. 2006: IP(1), (1)(e), (3)(a), and (4) amended, p. 1135, � 17, effective July 1.
C.R.S. § 30-20-109
30-20-109. Commission to promulgate rules - definitions. (1) The solid and hazardous waste commission shall promulgate rules for the engineering design and operation of solid wastes disposal sites and facilities, which may include:
(a) The establishment of engineering design criteria applicable, but not
limited, to protection of surface and subsurface waters, suitable soil characteristics, distance from solid wastes generation centers, access routes, distance from water wells, disposal facility on-site traffic control patterns, insect and rodent control, methods of solid wastes compaction in the disposal fill, confinement of windblown debris, recycling operations, fire prevention, and final closure of the compacted fill;
(b) The establishment of criteria for solid wastes disposal sites and facilities
which will place into operation the engineering design for such disposal sites and facilities;
(c) (Deleted by amendment, L. 91, p. 958, � 3, effective July 1, 1991.)
(d) The establishment of a reviewing fee to be charged by the department
for the review of any written recommendation and findings of a private contractor who has acted in lieu of the department to review an application for a solid wastes disposal site and facility under the provisions of section 30-20-103.7 for compliance with the state's requirements. Such fee shall not exceed actual and reasonable costs and shall not exceed five thousand dollars.
(e) The establishment of a fee for the technical review described in section
30-20-119 (2), which fee shall not exceed ten thousand dollars, or the actual cost of such technical review.
(1.5) (a) As used in this subsection (1.5):
(I) EP waste means exploration and production waste, as that term is
defined in section 34-60-103, C.R.S.
(II) EP waste disposal facility means a commercial solid wastes disposal
site and facility that accepts the deposit of EP waste.
(b) The solid and hazardous waste commission shall promulgate rules that
are specifically applicable to the deposit of EP waste at an EP waste disposal facility. The rules shall include the following:
(I) Mandatory set-backs of EP waste disposal facilities of one-half mile from
all residences, educational facilities, day care centers, hospitals, nursing homes, jails, hotels, motels, other occupied structures, or outside activity areas such as parks and playing fields as designated in the rules;
(II) Mandatory fabricated liners and monitoring requirements as necessary to
prevent the migration of EP waste to groundwater;
(III) Waste analysis and reporting requirements to ensure that only EP waste
is disposed of at an EP waste disposal facility;
(IV) Fencing and netting requirements to prevent the public and wildlife from
accessing EP waste disposal facilities;
(V) Contingency plans to respond to emergencies, including adequate
freeboard, overflow ponds, or both; and
(VI) Financial assurance requirements that are adequate to cover closure
and reclamation costs.
(c) Except as provided in paragraph (e) of this subsection (1.5), an EP waste
disposal facility that accepted EP waste on or before June 4, 2008, and that had not begun closure by June 4, 2008, shall:
(I) File an application pursuant to section 30-20-103 within three months
after the rules promulgated pursuant to this subsection (1.5) become effective with the governing body having jurisdiction to amend the facility's certificate of designation to incorporate the requirements specified in the rules; and
(II) Comply with the rules promulgated pursuant to this subsection (1.5)
within twenty-four months after they become effective, unless the EP waste disposal facility demonstrates to the department no later than eighteen months after the rules become effective why it cannot timely comply with the rules and the department agrees to a compliance schedule. In such case, the department may extend the compliance deadline to no more than thirty-six months after the rules become effective; except that nothing in this subsection (1.5) shall be deemed to:
(A) Require an EP waste disposal facility that lawfully accepted EP waste on
or before June 4, 2008, to comply with the set-back requirements of this subsection (1.5); or
(B) Place an EP waste disposal facility into noncompliance because of an
alleged violation of a set-back requirement of this subsection (1.5) due solely to the fact that a residential or other occupied structure or a designated outside activity area is established within the set-back distance on or after issuance of the certificate of designation pursuant to this subsection (1.5).
(d) The department shall:
(I) Coordinate with the energy and carbon management commission created
in section 34-60-104.3 (1), governing bodies having jurisdiction, and the federal bureau of land management to identify potential EP waste disposal sites that are located reasonably close to oil and gas operation areas on either federal or nonfederal land and that meet the set-back requirements of this subsection (1.5); and
(II) To the extent practicable, encourage governing bodies having jurisdiction
and the federal bureau of land management to approve the siting of EP waste disposal sites at locations identified pursuant to this paragraph (d) when so requested by a commercial operator.
(e) (I) Upon the recommendation of the department, the solid and hazardous
waste commission may waive, for individual impoundments, the requirement imposed pursuant to paragraph (c) of this subsection (1.5) that an EP waste disposal facility that accepted EP waste on or before June 4, 2008, but had not begun closure by that date, must install fabricated liners. The department may recommend a waiver only if all of the following conditions are met:
(A) There have been no unpermitted discharges to groundwater or surface
water from the operation of the facility;
(B) Each impoundment for which a waiver is requested is located more than
one thousand feet from any public or private water well or surface water;
(C) The owner or operator complies with mandatory monitoring and reporting
requirements as determined by the department, including, but not limited to, individual impoundment leak detection monitoring; and
(D) The owner or operator is not subject to any outstanding compliance
orders or enforcement actions with regard to the design, operation, or closure of the facility.
(II) If, at any time, the department determines that one or more of the
conditions specified in subparagraph (I) of this paragraph (e) are no longer met, the department may bring the relevant information to the solid and hazardous waste commission with a recommendation to rescind the waiver of the requirement to install fabricated liners. If the solid and hazardous waste commission determines that one or more of the conditions are no longer being met, the solid and hazardous waste commission may rescind the waiver and instruct the department to establish a compliance schedule for the owner or operator to install fabricated liners.
(2) The solid and hazardous waste commission may promulgate rules
concerning:
(a) The establishment of an initial examination of each application for a solid
wastes disposal site and facility to establish the completeness of the information submitted. Such initial examination shall be completed within thirty days after the department receives such application, and the department shall mail written notification to an applicant and to the governing body having jurisdiction within such time period stating the decision of the department to begin its review of such application or to reject the application based on incompleteness.
(b) The establishment of a fee for the review of solid wastes disposal site
and facility submittals and the preoperation inspection for such site and facility, for the attendance of department staff at public meetings and associated activities, and for the assessment of remediation activities concerning closed or old disposal sites or spill and incident clean-ups. The total fee charged for the review of an application or amendments to an application shall not exceed the actual documented costs incurred by the department in the performance of these activities and shall be subject to the maximum levels established in accordance with the provisions of subsection (2.5) of this section. Such review shall be completed within one hundred fifty days from date of issuance of the department's decision to begin its review. Moneys from the collection of such fees shall be credited to the solid waste management fund pursuant to the provisions of section 30-20-118. Such moneys shall be used solely to support the application review process and to support the staff of the department involved with such process.
(c) (Deleted by amendment, L. 98, p. 882, � 9, effective July 1, 1998.)
(d) The establishment of criteria for composting sites and facilities for which
a certificate of designation is not required under section 30-20-102 (8).
(2.5) The solid and hazardous waste commission shall promulgate rules
pertaining to the assessment of annual fees and document review and activity fees to offset program costs from solid waste disposal sites and facilities in accordance with the following requirements:
(a) Annual fees shall be established for solid waste disposal sites and
facilities that are not required to pay solid waste user fees imposed pursuant to section 25-16-104.5, C.R.S. The fee imposed by this paragraph (a) shall not exceed five thousand dollars per year per facility; except that a monofill facility that contains coal combustion products shall be exempt from the fee imposed by this paragraph (a). The annual fee shall be uniform among owners of the same type of, and similarly sized, facility and shall consider the department's level of effort in regulating the facilities.
(b) The hourly charge for the document review and activity fees shall be
established at a rate comparable to industry rates for performing similar tasks with maximum levels on document review and activity fees that reflect timely and cost-effective reviews.
(c) The department shall provide a receipt for the fees paid pursuant to this
subsection (2.5), shall transmit such payments to the state treasurer, and accept the state treasurer's receipt in return for the payments transmitted. The state treasurer shall credit one hundred percent of the fees transmitted pursuant to this paragraph (c) to the solid waste management fund created in section 30-20-118 (1) to be used by the department in carrying out its duties and responsibilities concerning solid waste management.
(2.7) If the department determines that a site or facility is or has been
subject to payment of the annual fee requirements pursuant to subsection (2.5) of this section and has not paid any portion of the amount of fees due and owing, in addition to any other remedies the department may have in such circumstances as provided by law, the department may assess the site or facility an additional fee to offset program costs caused by the site or facility, which additional fee shall be equivalent to double the amount of the estimated annual fee, without interest, that the site or facility would have paid the department if the fee had been paid as required by law.
(3) Any applicant aggrieved by a recommendation of the department
concerning an application for a solid wastes disposal site and facility shall be entitled to a hearing and review pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S.
(4) (a) Any and all rules promulgated by the department of public health and
environment prior to the transfer of its rule-making authority under this section to the state board of health shall remain in full force and effect after the date of such transfer.
(b) All acts, orders, and rules adopted by the state board of health under the
authority of this part 1 prior to July 1, 2006, that were valid prior to said date and not otherwise subject to judicial review shall, to the extent that they are not inconsistent with said part, be deemed and held to be legal and valid in all respects, as though issued by the solid and hazardous waste commission under the authority of this part 1. No provision of this part 1 shall be construed to validate any actions, orders, or rules that were not valid when adopted by the board of health prior to such date.
Source: L. 67: p. 761, � 9. C.R.S. 1963: � 36-23-9. L. 71: p. 343, � 10. L. 85:
(1)(c) added, p. 1065, � 1, effective July 1. L. 91: Entire section amended, p. 968, � 10, effective June 5; (1)(c) amended and (1)(d) and (2) added, pp. 958, 954, �� 3, 2, 4, effective July 1. L. 93: (1)(d) amended, p. 475, � 1, effective April 21. L. 94: IP(1), IP(2), and (2)(c)(I) amended and (4) added, p. 33, � 4, effective March 9; (2)(c)(I) and (4) amended, pp. 2616, 2620, 2800, �� 26, 33, 559, effective July 1. L. 95: IP(2) and (2)(c) amended, p. 156, � 1, effective July 1. L. 96: (2)(c)(I) amended, p. 33, � 1, effective March 18. L. 98: (1)(d), IP(2), (2)(b), and (2)(c) amended and (2)(d) added, p. 882, � 9, effective July 1. L. 2006: IP(1), IP(2), and (4) amended, p. 1136, � 19, effective July 1. L. 2007: (1)(d) and (2)(b) amended and (2.5) and (2.7) added, p. 1144, � 10, effective July 1. L. 2008: (1.5) added, p. 2168, � 2, effective June 4. L. 2009: IP(1.5)(c) amended and (1.5)(e) added, (HB 09-1056), ch. 301, p. 1607, � 3, effective May 21. L. 2023: (1.5)(d)(I) amended; (SB 23-285), ch. 235, p. 1255, � 32, effective July 1.
Editor's note: Amendments to this section by Senate Bill 91-160, Senate Bill
91-168, and Senate Bill 91-174 were harmonized. Amendments to subsection (2)(c)(I) by House Bill 94-1077 and House Bill 94-1029 were harmonized.
Cross references: (1) In 2007, subsections (1)(d) and (2)(b) were amended by
the Recycling Resources Economic Opportunity Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 278, Session Laws of Colorado 2007.
(2) For the legislative declaration contained in the 2008 act enacting
subsection (1.5), see section 1 of chapter 421, Session Laws of Colorado 2008.
C.R.S. § 30-20-1102
30-20-1102. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is the policy of the state of Colorado to encourage public contracting
procedures that encourage competition, openness, and impartiality to the maximum extent possible.
(b) Competition exists not only in the costs of goods and services, but in the
technical competence of the providers and suppliers in their ability to make timely completion and delivery and in the quality and performance of their products and services.
(c) Timely and effective completion of public projects can be achieved
through a variety of methods when procuring goods and services for public projects.
(d) In enacting this part 11, the general assembly intends to establish for
county governments and certain districts formed by county governments an optional alternative public project delivery method.
Source: L. 2007: Entire part added, p. 1810, � 2, effective August 3.
C.R.S. § 30-20-1103
30-20-1103. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Agency means any county, city and county, home rule county formed in
accordance with the provisions of article 35 of this title, any county public improvement district formed in accordance with the provisions of part 5 of article 20 of this title, any other district that a county or a city and county may create pursuant to the authority provided in article 20 of this title that is a budgetary unit exercising construction contracting authority or discretion, and any special taxing district formed by a home rule county in accordance with the provisions of part 9 of article 35 of this title.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 11.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities, including without limitation any sewerage facility as defined in section 30-20-401 (4), any water facility as defined in section 30-20-401 (6), any joint system as defined in section 30-20-401 (3), and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewerage services and facilities, and lands, buildings, improvements, equipment, and facilities for public education, to the extent the boundaries of the agency and school district are coterminous.
Source: L. 2007: Entire part added, p. 1810, � 2, effective August 3.
C.R.S. § 30-20-1104
30-20-1104. Integrated project delivery contracts - authorization - effect of other laws. (1) Notwithstanding any other provision of law, any agency may award an IPD contract for a public project under the provisions of this part 11 upon the determination by such agency that integrated project delivery represents a timely or cost-effective alternative for a public project.
(2) Nothing in this part 11 shall be construed as exempting any agency or
participating entity from applicable federal, state, or local laws, rules, resolutions, or ordinances governing labor relations, professional licensing, public contracting, or other related laws, except to the extent that an exemption is granted under such legal authority or is created by necessary implication from such legal authority.
Source: L. 2007: Entire part added, p. 1812, � 2, effective August 3.
C.R.S. § 30-20-1105
30-20-1105. Integrated project delivery contracting process - prequalification of participating entities - apprentice training. (1) An agency may prequalify participating entities for IPD contracts by public notice of its request for qualifications prior to the date set forth in the notice. A request for qualifications may contain the following elements and such additional information as may be requested by the agency:
(a) A general description of the proposed public project;
(b) Relevant budget considerations;
(c) Requirements of the participating entity, including:
(I) If the participating entity is a partnership, limited partnership, limited
liability company, joint venture, or other association, a listing of all of the partners, general partners, members, joint venturers, or association members known at the time of the submission of qualifications;
(II) Evidence that the participating entity, or the constituent entities or
members thereof, has completed or has demonstrated the experience, competency, capability, and capacity, financial and otherwise, to complete projects of similar size, scope, or complexity;
(III) Evidence that the proposed personnel of the participating entity have
sufficient experience and training to completely manage and complete the proposed public project; and
(IV) Evidence of all applicable licenses, registrations, and credentials
required to provide the proposed services for the public project, including but not limited to information on any revocation or suspension of any such license, registration, or credential.
(d) The criteria for prequalification.
(2) From the participating entities responding to the request for
qualifications, the agency shall prepare and announce a short list of participating entities that it determines to be most qualified to receive a request for proposal.
(3) Where an apprentice training program registered by the United States
department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor exists in the county, or a comparable agency for the training of apprentices is available in the county:
(a) Each participating entity shall demonstrate to the agency that it has
access to the certified or recognized program or a comparable alternative; and
(b) Each participating entity shall demonstrate that each of its
subcontractors, at any tier, selected to perform work under a contract with a value of two hundred fifty thousand dollars or more has access to the certified or recognized program or a comparable alternative.
Source: L. 2007: Entire part added, p. 1812, � 2, effective August 3. L. 2021:
(3) amended, (HB 21-1007), ch. 309, p. 1893, � 13, effective July 1. L. 2023: IP(3) amended, (SB 23-051), ch. 37, p. 149, � 30, effective March 23.
C.R.S. § 30-20-1307
30-20-1307. Board of directors - powers and duties. (1) (a) Except as otherwise provided in subsection (1)(b) of this section, the board of directors of a district shall distribute all of the funding the district receives from the department of local affairs to areas that are socially or economically impacted, either directly or indirectly, by the development, processing, or energy conversion of fuels and minerals leased under the federal act; except that the board of directors may elect to invest up to fifty percent of the funding as specified in subsection (5) of this section.
(b) The board of directors may use up to ten percent of the annual funding
for any administrative costs of the district; except that any investment-related expenses are excluded from the calculation of the district's administration costs.
(c) Notwithstanding any other provision of this part 13, the board of directors
of a district may reserve, or invest as specified in subsection (5) of this section, all or a portion of the funding for use in subsequent years.
(2) The board of directors may review any reports or studies made and may
seek any additional reports or studies it deems necessary regarding the distribution of funding in the district.
(3) The board of directors may cooperate or contract with any other district
to provide any function or service lawfully authorized to each of the cooperating or contracting districts, including the sharing of costs, only if the cooperation or contracts are authorized by each district with the approval of each district's board of directors. Any contract providing for the sharing of costs may be entered into for any period, not to exceed the existence of the district and notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties. Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control.
(4) The board of directors may exercise any of the powers set forth in section
30-20-1305.5.
(5) If the board of directors elects to invest the portion of the funding as
allowed in subsection (1)(a) of this section:
(a) The portion of the funding to be invested shall be held in a fund
established by a resolution enacted by the district;
(b) The board of directors shall make investments pursuant to the
investment policy described in subsection (6) of this section and in a manner that complies with the Uniform Prudent Investor Act, article 1.1 of title 15;
(c) The board of directors may invest the portion of the funding in any
investment in which the board of trustees of the public employees' retirement association may invest the funds of the association pursuant to section 24-51-206;
(d) The board of directors may engage the services of investment advisors.
The selection of investment advisors must be made following an open and competitive process.
(e) The board of directors may appropriate and disburse any part of the
invested funding and all sums in excess thereof, including interest, dividends, or similar appreciated values, but shall do so only upon the enactment of a resolution identifying the reason for the appropriation and disbursement;
(f) The board of directors shall ensure that, at all times, liquid investment
assets or other funding not invested remain at a level sufficient to pay for all budgeted and outstanding obligations of the district in any fiscal year; and
(g) The board of directors, individually or as a group, shall not engage in any
activities that might result in a conflict of interest with respect to their fiduciary responsibility for the district.
(6) The board of directors shall adopt an investment policy resolution and
shall review the investment policy annually. The investment policy must include:
(a) An acknowledgment of the board of director's fiduciary responsibility
with respect to oversight of the district's investment policy;
(b) Performance benchmarks for all investments and for all investment
advisors who may be hired by the board of directors;
(c) A requirement for the preparation and publication of annual financial
statements that must include, at minimum, information regarding starting balances, contributions, investment income, and losses, if any, and any investment fees incurred;
(d) Careful consideration of investment fees or other brokerage costs which
might reduce investment returns; and
(e) A requirement that the board of directors annually review the
investments and annually set appropriations to be included in the trust fund.
Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 583, � 1, effective
May 9. L. 2012: Entire section amended, (SB 12-031), ch. 84, p. 280, � 7, effective April 6. L. 2017: (1) amended and (5) and (6) added, (HB 17-1152), ch. 103, p. 380, � 2, effective August 9.
PART 14
STRATEGIES FOR WASTE TIRES
C.R.S. § 30-20-1403
30-20-1403. Waste tire recycling, beneficial reuse, and management - waste tire fees - distribution - rules.
(1) Repealed.
(1.5) Enterprise. (a) (I) There is created in the department the waste tire
management enterprise. The enterprise is and operates as a government-owned business within the department to collect the waste tire enterprise fee charged by retailers of new tires pursuant to subsection (2.5) of this section and to use the waste tire enterprise fee to promote waste tire recycling, beneficial reuse, and management strategies in Colorado.
(II) The enterprise is and operates as a government-owned business within
the department for the purpose of conducting the business activities specified in this section. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(III) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (1.5)(a), the enterprise is not subject to section 20 of article X of the state constitution.
(b) The enterprise's primary powers and duties are to:
(I) Collect the waste tire enterprise fee;
(II) Promote waste tire recycling, beneficial reuse, and management
strategies throughout Colorado;
(III) Issue revenue bonds payable from the revenues of the enterprise to
promote the waste tire recycling, beneficial reuse, and management strategies specified in this section;
(IV) Publish each year, on the department's website and as otherwise
deemed appropriate by the board, the waste tire recycling, beneficial reuse, and management strategies that the board has prioritized through the collection of the waste tire enterprise fee;
(V) Adopt, amend, or repeal policies for the regulation of the enterprise's
affairs and the conduct of the enterprise's business consistent with this part 14;
(VI) (A) Contract with any public or private entity, including state agencies,
consultants, and the attorney general's office, for professional and technical assistance, office space and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids.
(B) The enterprise shall pay a fair market rate to any public entity, private
entity, contractor, or consultant, which may include a state agency, the attorney general's office, or the department, that is hired by the enterprise to perform duties pursuant to this subsection (1.5)(b).
(VII) Prepare and submit an annual financial report pursuant to subsection
(1.5)(i) of this section.
(c) The enterprise is governed by a board of directors. The board consists of
the following nine members:
(I) Two members appointed by the executive director of the department to
represent the department, including one with expertise in sustainability and one with expertise in compliance;
(II) One member appointed by the executive director of the department who
represents a county that has experience with the management of waste tires; and
(III) Six members appointed by the executive director of the department who
are representatives of nonprofit and for-profit entities engaged in the recovery, recycling, reuse, and management of waste tires, including a tire retailer, a waste tire collection facility, a waste tire processor, and a waste tire hauler. To the extent practicable, the representation of nonprofit and for-profit entities must be balanced equally.
(d) Of the members appointed to the board of directors pursuant to
subsection (1.5)(c)(III) of this section, at least one member must do business in a rural county in the state.
(e) (I) The member representing the department who has expertise in
sustainability and is appointed pursuant to subsection (1.5)(c)(I) of this section shall call the first meeting of the board.
(II) The board shall elect a chair from among its members to serve for a term
not to exceed two years.
(III) The board shall meet quarterly, and the chair of the board may call
additional meetings as necessary for the board to complete its duties.
(IV) The term of office for a board member is three years; except that four of
the six members appointed pursuant to subsection (1.5)(c)(III) of this section serve initial terms of two years. A board member may serve unlimited terms.
(f) (I) A member of the board of directors, except for members appointed
pursuant to subsections (1.5)(c)(I) and (1.5)(c)(II) of this section, may receive a per diem stipend while on official enterprise business.
(II) The per diem stipend shall be at least equal to the Colorado state
employee per diem for intra-state travel as established by the department of personnel.
(III) All members of the board of directors may receive reimbursement for
actual and necessary expenses incurred while on official enterprise business.
(IV) The enterprise may use money in the waste tire management enterprise
fund, created in section 30-20-1404, to pay the per diem stipend to a board member and to reimburse a board member for actual and necessary expenses incurred as part of the enterprise's operating expenses.
(g) The department shall provide office space and administrative staff to the
enterprise, if requested by the board. In accordance with subsection (1.5)(b)(VI)(B) of this section, the enterprise shall pay the department a fair market rate for any office space or administrative staff used by the board in performance of the enterprise's duties.
(h) (I) The department may transfer money from any legally available source
to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the department to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7).
(II) All money transferred as a loan to the enterprise must be credited to the
waste tire administration, enforcement, market development, and cleanup fund, created in section 30-20-1404 (1)(a). Loan liabilities that are recorded in the waste tire administration, enforcement, market development, and cleanup fund but that are not required to be paid in the current state fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109.
(III) As the enterprise receives sufficient revenue in excess of expenses, it
shall reimburse the department for the principal amount of any loan made by the department, plus interest at a rate agreed upon by the department and the enterprise.
(i) (I) On or before June 30, 2026, and every June 30 of each year thereafter,
the enterprise shall prepare and submit an annual financial report to legislative council staff and the joint budget committee of the general assembly.
(II) The financial report prepared by the enterprise pursuant to subsection
(1.5)(i)(I) of this section must include the enterprise's projected revenue and expenditures and proposed budget for the following fiscal year.
(III) The enterprise shall post a copy of the enterprise's financial report on
the enterprise's public website.
(2) Repealed.
(2.5) Waste tire enterprise fee and waste tire administration fee. (a) (I)
Effective July 1, 2025, retailers of new motor vehicle tires and new trailer tires shall collect a waste tire enterprise fee in an amount to be set by the enterprise, in coordination with the commission. The waste tire enterprise fee amount must not exceed two dollars and fifty cents on the sale of each new tire. The maximum per tire enterprise fee amount may be adjusted by the enterprise every two years in accordance with any annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for the Denver-Aurora-Lakewood metropolitan area for all items paid by all urban consumers, or its applicable successor index.
(II) Effective July 1, 2025, the board of directors may review the waste tire
enterprise fee on an annual basis and, in accordance with the fee amount limit set forth in subsection (2.5)(a)(I) of this section, adjust the waste tire fee amount so that the waste tire enterprise fee is imposed in an amount that is:
(A) Reasonably related to the direct and indirect costs of operating the
enterprise in accordance with this part 14 and the services provided by the enterprise, which costs must not exceed the equivalent of one-half of the waste tire enterprise fee collected for each new tire sold pursuant to this subsection (2.5);
(B) Sufficient to pay costs associated with providing rebates as described in
section 30-20-1405; and
(C) Sufficient to provide grants to eligible entities pursuant to the waste tire
management grant program established in section 30-20-1418.
(b) (I) Effective July 1, 2025, retailers of new motor vehicle tires and new
trailer tires shall collect a waste tire administration fee in an amount to be set by the commission, in coordination with the department.
(II) The commission may review the waste tire administration fee on an
annual basis and adjust the administration fee amount so that it covers the direct and indirect costs of conducting the regulatory and administrative functions of the department in implementing this part 14.
(III) The waste tire administration fee amount must not exceed half of the
amount of the waste tire enterprise fee; except that the minimum amount of the waste tire administration fee on the sale of each new tire must be fifty cents or more.
(c) (I) On and after July 1, 2025, retailers of new motor vehicle tires and new
trailer tires shall collect both the enterprise fee and the administration fee from the consumer at the point of sale.
(II) The receipt from the retailer to the consumer for every new motor vehicle
tire or new trailer tire purchased must contain the following statement in the largest bold-faced type capable based on point-of-sale software and on existing invoice printers, not to exceed fifteen points: Section 30-20-1403, Colorado Revised Statutes, requires retailers to collect a waste tire enterprise fee set by the waste tire management enterprise, which is a government-owned business within the department of public health and environment, and a waste tire administration fee set by the solid and hazardous waste commission on the sale of each new motor vehicle tire and each new trailer tire.
(III) The retailer shall submit to the enterprise by the twentieth day of each
quarter of each calendar year the enterprise fee collected pursuant to this section in the preceding quarter of the calendar year, together with any report required by the enterprise. The enterprise shall transmit the enterprise fees to the state treasurer, who shall credit them in accordance with subsection (3)(a) of this section or as specified in rules promulgated by the commission.
(IV) The retailer shall submit to the department by the twentieth day of each
quarter of each calendar year the administration fee collected pursuant to this section in the preceding quarter of the calendar year, together with any report required by the department. The department shall transmit the administration fees to the state treasurer, who shall credit them in accordance with subsection (3)(b) of this section or as specified in rules promulgated by the commission.
(3) (a) Beginning on July 1, 2025, the state treasurer shall distribute the
revenue from the waste tire enterprise fee assessed in subsection (2.5)(a) of this section as follows:
(I) The portion of the enterprise fee collected to cover the costs described in
subsection (2.5)(a)(II)(A) of this section to the waste tire management enterprise fund created in section 30-20-1404;
(II) The portion of the enterprise fee collected to cover the costs described in
subsection (2.5)(a)(II)(B) of this section to the end users fund created in section 30-20-1405;
(III) All interest earned on the investment of money in the waste tire
management enterprise fund to the waste tire management enterprise fund. Any unexpended and unencumbered money in the waste tire management enterprise fund at the end of any fiscal year shall remain in the waste tire management enterprise fund.
(IV) All interest earned on the investment of money in the end users fund to
the end users fund. Any unexpended and unencumbered money in the end users fund at the end of any fiscal year shall remain in the end users fund.
(b) (I) Beginning on July 1, 2025, the state treasurer shall distribute the
revenue from the waste tire administration fee assessed in subsection (2.5)(b) of this section to the waste tire administration fund created in section 30-20-1405.5.
(II) All interest earned on the investment of money in the waste tire
administration fund shall be credited to the waste tire administration fund. Any unexpended and unencumbered money in the waste tire administration fund in excess of sixteen and one-half percent of the previous state fiscal year's expenditures at the end of any fiscal year shall remain in the waste tire administration fund.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1579, � 1,
effective July 1. L. 2019: (1)(a) and (2) amended, (SB 19-198), ch. 402, p. 3559, � 2, effective August 2. L. 2024: (1)(c), (1.5), (2)(c), and (3) added, (SB 24-123), ch. 444, p. 3096, � 3, effective June 6; (2.5) added, (SB 24-123), ch. 444, p. 3096, � 3, effective July 1, 2025.
Editor's note: (1) Subsection (1)(a)(I)(B) provided for the repeal of subsection
(1)(a)(I), effective July 1, 2020. (See L. 2019, p. 3559.)
(2) Subsections (1)(c) and (2)(c) provided for the repeal of subsections (1) and
(2), respectively, effective July 1, 2025. (See L. 2024, p. 3096.)
C.R.S. § 30-20-1404
30-20-1404. Waste tire management enterprise fund - creation - rules. (1) (a) There is created in the state treasury the waste tire management enterprise fund, referred to in this section as the fund, consisting of the fee revenue credited pursuant to section 30-20-1403 (2.5)(a) and any other money appropriated or transferred to it. Money credited to the fund is continuously appropriated to the enterprise for the purposes set forth in this section and to pay the enterprise's reasonable and necessary operating expenses.
(b) The state treasurer shall credit all interest earned on the investment of
money in the fund to the fund. Any unexpended and unencumbered money in the fund at the end of any fiscal year shall remain in the fund.
(2) The enterprise may, in consultation with the department, use the money
in the fund for:
(a) Collecting the waste tire enterprise fee assessed in section 30-20-1403
(2.5)(a);
(b) to (e) Repealed.
(f) Hiring a contractor to clean up waste tires and tire-derived product that
have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2) and funding a grant program to reimburse local governing authorities for cleaning up waste tires and tire-derived products that have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2);
(g) Financing one-time or occasional community cleanup events where waste
tires are accepted for drop-off by persons not engaged in commercial or industrial activity and where, at the conclusion of the event, the waste tires are either picked up by a registered waste tire hauler or transported to a registered waste tire hauler or to any registered facility;
(h) Training and hiring contractors to provide training in the implementation
of this part 14;
(i) to (n) Repealed.
(o) Encouraging waste tire market development;
(p) Repealed.
(q) The payment of any bonds issued pursuant to section 30-20-1403 (1.5)(b);
(r) Reimbursement of any contractors used for cleanup and remediation
activities engaged in pursuant to subsections (2)(f) and (2)(g) of this section;
(s) The payment of per diem and the reimbursement of actual and necessary
expenses for board members while on official enterprise business;
(t) Funding grants in accordance with the waste tire management grant
program established in section 30-20-1418; and
(u) Any other activity necessary to implement section 30-20-1403, as
determined by the board of directors.
(3) and (4) Repealed.
(5) (a) In providing assistance pursuant to this section, the enterprise shall
give primary consideration to protection of public health and the environment.
(b) In awarding contracts for services pursuant to this section, the enterprise
may give preferential bidding treatment to individuals or entities that will recycle, pursuant to rules of the department concerning recycling, and reuse, rather than dispose of, the waste tires.
(6) The enterprise shall, either itself or through a contractor, create a priority
abatement list of illegal waste tire disposal sites.
(7) The enterprise, in coordination with the department and the department
of transportation, shall systematically investigate and research the use of tire-derived aggregates in technically feasible and economically viable civil applications associated with the department of transportation's roadway mission. The department shall include any findings regarding tire-derived aggregates, as appropriate, in the department's annual report to the general assembly.
(8) Repealed.
Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1580, � 1,
effective July 1. L. 2019: (1), IP(2), (2)(l), and (2)(m) amended and (2)(o) added, (SB 19-198), ch. 402, p. 3560, � 3, effective August 2. L. 2020: (8) added, (HB 20-1406), ch. 178, p. 814, � 18, effective June 29. L. 2022: (2)(m) repealed, (2)(o) amended, and (2)(p) added, (SB 22-170), ch. 470, p. 3435, � 1, effective June 8. L. 2024: (1), IP(2), (2)(a), (2)(o), (5), (6), and (7) amended and (2)(q) to (2)(u) added, (SB 24-123), ch. 444, p. 3102, � 4, effective July 1, 2025; (2)(b)(II), (2)(c)(II), (2)(d)(II), (2)(i)(II), (2)(j)(II), (2)(k)(II), (2)(l)(II), (2)(p)(III), (3)(b), (4)(c), and (8)(b) added by revision, (SB 24-123), ch.444, pp. 3102, 3111, �� 4, 10.
Editor's note: (1) Subsection (2)(n)(II) provided for the repeal of paragraph (n),
effective September 1, 2015. (See L. 2014, p. 1580.)
(2) Subsection (2)(e)(II) provided for the repeal of subsection (2)(e), effective
September 1, 2017. (See L. 2014, p. 1580.)
(3) Subsections (2)(b)(II), (2)(c)(II), (2)(d)(II), (2)(i)(II), (2)(j)(II), (2)(k)(II), (2)(l)(II),
(2)(p)(III), (3)(b), (4)(c), and (8)(b) provided for the repeal of subsections (2)(b), (2)(c), (2)(d), (2)(i), (2)(j), (2)(k), (2)(l), (2)(p), (3), (4), and (8), respectively, effective July 1, 2025. (See L. 2024, pp. 3102, 3111.)
C.R.S. § 30-20-402
30-20-402. Powers. (1) In addition to the powers which it may now have, any county without an election of the qualified electors thereof has power under this part 4:
(a) To acquire by gift, purchase, lease, or exercise of the right of eminent
domain, to construct, to reconstruct, to improve, to better, and to extend water facilities or sewerage facilities, or both, wholly within or wholly without the county, or partially within and partially without the county, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands, easements, and rights in land in connection therewith;
(b) To operate and maintain water facilities or sewerage facilities, or both,
for its own use and for the use of public and private consumers and users within and without the territorial boundaries of the county, but no water service or sewerage service, or combination of them, shall be furnished in any other county or in any municipality unless the approval of such other county or municipality is obtained as to the territory in which the service is to be rendered;
(c) To accept loans or grants, or both, from the United States under any
federal law to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of water facilities or sewerage facilities, or both;
(d) To accept loans or grants, or both, from the United States under any
federal law for the construction of necessary water facilities or sewerage facilities, or both;
(e) To enter into joint operating agreements, contracts, or arrangements with
consumers concerning water facilities or sewerage facilities, or both, whether acquired or constructed by the county or consumer, and to accept grants and contributions from consumers for the construction of water facilities or sewerage facilities, or both. When determined by its board to be in the public interest and necessary for the protection of the public health, any county is authorized to enter into and perform contracts, whether long-term or short-term, but in no event exceeding fifty years, with any consumer for the provision and operation by the county of sewerage facilities to abate or reduce the pollution of waters caused by discharges of wastes by a consumer and the payment periodically by the consumer to the county of amounts at least sufficient, in the determination of such board, to compensate the county for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such consumer.
(f) To prescribe, revise, and collect in advance or otherwise from any
consumer or any owner or occupant of any real property connected therewith or receiving service therefrom rates, fees, tolls, and charges, or any combination thereof, for the services furnished by, or the direct or indirect connection with, or the use of, or any commodity from, such water facilities or sewerage facilities, or both, including, without limiting the generality of the foregoing, minimum charges, charges for the availability of service, tap fees, disconnection fees, reconnection fees, and reasonable penalties for any delinquencies, including but not necessarily limited to interest on delinquencies from any date due at a rate of not exceeding one percent per month, or fraction thereof, reasonable attorney fees, and other costs of collection, without any modification, supervision, or regulation of any such rates, fees, tolls, or charges by any board, agency, bureau, commission, or official other than the board of county commissioners collecting them; and, in anticipation of the collection of the revenues of such water facilities or sewerage facilities, or joint system, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of the water facilities or sewerage facilities, or both; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;
(g) To pledge to the punctual payment of said bonds and interest thereon all
or any part of the revenues of the water facilities or sewerage facilities, or both, including the revenues of improvements, betterments, or extensions thereto, thereafter constructed or acquired, as well as the revenues of existing water facilities or sewerage facilities, or both;
(h) To enter into and perform contracts and agreements with other counties
or with municipalities for or concerning the planning, construction, lease, or other acquisition and the financing of water facilities or sewerage facilities, or both, and the maintenance and operation thereof. Any such counties or municipalities so contracting with each other may also provide in any contract or agreement for a board, commission, or such other body as their boards or governing bodies may deem proper for the supervision and general management of the water facilities or sewerage facilities, or both, and for the operation thereof, and may prescribe its powers and duties and fix the compensation of the members thereof.
(i) To make all contracts, execute all instruments, and do all things
necessary or convenient in the exercise of the powers granted in this section, or in the performance of its covenants or duties, or in order to secure the payment of its bonds; except that no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the county is created thereby, and except that no property, other than money, of the county is liable to be forfeited or taken in payment of said bonds, and except that no debt on the credit of the county is thereby incurred in any manner for any purpose; and
(j) To issue water, or sewer, or joint water and sewer refunding revenue
bonds to refund, pay, or discharge all or any part of its outstanding water, or sewer, or joint water and sewer revenue bonds issued under this part 4 or under any other law, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs or effecting other economies or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any county water facilities or sewerage facilities, or both, as provided in section 30-20-410.
Source: L. 71: p. 355, � 1. C.R.S. 1963: � 36-29-2.
C.R.S. § 30-20-603
30-20-603. Improvements and funding authorized - how instituted - conditions - definitions. (1) (a) (I) A district may be formed in accordance with the requirements of this part 6 for the purpose of constructing, installing, acquiring, or funding, in whole or in part, any public improvement so long as the county that forms the district is authorized to provide such improvement or provide for such funding under the county's home rule charter, if any, or the laws of this state. Public improvements or the funding of public improvements must not include any facility identified in section 30-20-101 (8) or (9). A district shall not provide the same improvement as an existing special district within the territory of the existing special district unless the existing special district consents.
(II) The improvements authorized by this part 6 may consist, without
limitation, of constructing, grading, paving, pouring, curbing, guttering, lining, or otherwise improving the whole or any part of any street or providing street lighting, drainage facilities, or service improvements, in the unincorporated area of a county or wholly or partly within the boundaries of any municipality within the county if such municipality consents by ordinance to the improvements. If improvements within a municipality are so included in a county improvement district by municipal consent, the county may construct or acquire such improvements, assess property within the municipality benefited by the improvements, and enforce and collect such assessments, in the manner provided in this part 6. The improvements authorized by this part 6 may include, without limitation, the construction of sidewalks adjacent to any such streets or maintenance roads adjacent to any such drainage facilities.
(III) Prior to the establishment of any improvement district for the purpose of
providing street lighting, arrangements, by contract or otherwise, must be established under which the owners of property included within the district are responsible for the maintenance and operation of the street lighting improvement. The costs of maintenance and operation of the street lighting improvements shall not be paid from the county general fund.
(IV) Drainage facilities shall not be provided in any area that is within an
existing drainage district organized or created pursuant to law without the approval of the district.
(V) As used in this subsection (1)(a), service includes the services provided
by a public utility as defined in section 40-1-103, as well as broadband internet service as defined in section 40-15-102 (3.5), cable television service as defined in section 29-27-102 (2), telecommunications service as defined in section 40-15-102 (29), and information service as defined in 47 U.S.C. sec. 153 (24), or any successor section.
(a.5) In a district formed prior to December 31, 2002, by a city that has been
authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado and in which a sales tax is levied pursuant to section 30-20-604.5, the improvements may also consist of the provision of transportation services, vehicles, equipment, parking, and improvements in the district. Transportation services may be provided by the district in an area within the regional transportation district as described in section 32-9-106.1, C.R.S., if the regional transportation district consents to the provision of such services.
(b) Additionally, the improvements authorized by this part 6 may consist of
constructing, installing, or otherwise improving the whole or any part of any system for the transmission or distribution of water or for the collection or transmission of sewage, or both such systems.
(c) If any improvement or transportation services authorized by this
subsection (1) are funded by sales tax, the tax may also be used for the operation and maintenance of such improvement or services, for the production and distribution of informational products and materials, and for the organization, promotion, marketing, and management of public events.
(d) The improvements authorized by this part 6 may include the construction,
maintenance, and operation of safety measures that are necessary to allow the county to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S.
(e) The improvements authorized by this part 6 may include, where specified
or generally provided for in the resolution of the board approving the district, any renewable energy improvement or energy efficiency improvement to any residential or commercial property within the district.
(f) Any district formed pursuant to this part 6 and the county that forms the
district shall implement the funding authorized by this part 6 for service improvements as defined in paragraph (a) of this subsection (1) in a nondiscriminatory and technologically and competitively neutral manner.
(g) (I) A public utility or telecommunications service improvement funded by
a district established pursuant to this part 6 shall be constructed only by or in agreement with a public utility or telecommunications service provider duly authorized by the public utilities commission, as applicable, to provide service, facilities, plants, or systems in the area in which the public utility or telecommunications service improvement is to be constructed and shall be owned, operated, and maintained by the public utility or telecommunications service provider. All other service improvements as defined in subsection (1)(a) of this section funded pursuant to this part 6 shall be constructed by or in agreement with the service provider and owned and operated by the service provider. Neither a district formed pursuant to this part 6, nor the county that forms the district, shall:
(A) Use the authority set forth in this section to provide, directly or indirectly,
any services as defined in subsection (1)(a) of this section; or
(B) Have any right, title, or interest in any service improvement as defined in
subsection (1)(a) of this section funded by a district established pursuant to this part 6.
(II) In compliance with the procedures set forth in subsection (1)(g)(I) of this
section, a rural county may establish a local improvement district only in an unserved area to contract with a telecommunications service provider or a broadband internet service provider to fund the construction of broadband internet service improvement.
(III) For purposes of this subsection (1)(g):
(A) Repealed.
(A.5) Broadband internet service has the same meaning as set forth in
section 40-15-102 (3.5).
(B) Rural county means any county that has a population of fewer than
sixty thousand inhabitants.
(C) Unserved area has the same meaning as set forth in section 40-15-102
(32)(a).
(h) Nothing in this part 6 shall extend, diminish, or otherwise alter the
jurisdiction of the public utilities commission created in section 40-2-101, C.R.S.
(2) (a) The board may declare by resolution any local improvement district
authorized by this part 6 and may by resolution order the improvements authorized by subsection (3) of this section; except that, if written protests are submitted prior to the hearing referred to in subsection (6) of this section by the owners of property within the proposed district or assessment unit, which property, based upon the proposed method of assessment, would bear more than one-half of the total proposed assessments within the district or the assessment unit, the board shall not proceed with such local improvement district or assessment unit based on the preliminary order so protested. Such protests shall not prevent the board from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest as provided in this part 6.
(b) If the district is initiated by resolution of the board of county
commissioners, the commissioners shall, in addition to the notice provided for in subsection (6) of this section, make reasonable attempts to deliver or mail to each address within the district a brief written synopsis of the proposed improvements no less than ten days before the hearing. This shall not be interpreted to mean that insufficient notice has been given if any property owner claims not to have received the notice, provided that the commissioners have made a bona fide effort to comply.
(2.5) (a) The boundaries of any district organized under the provisions of this
part 6 may be changed in the manner prescribed in this subsection (2.5); except that the change of boundaries of the district shall not impair or affect the district's organization or rights in or to property or any of the district's rights or privileges whatsoever, nor shall the change affect or impair or discharge any contract, obligation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file a petition with the board, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings. The county clerk and recorder shall cause notice of the filing of such petition to be given and posted, which notice shall state the filing of such petition, the names of the petitioners, descriptions of the property sought to be included or excluded, and the request of said petitioners.
(b) The notice of the filing of a petition required by paragraph (a) of this
subsection (2.5) shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted. The board, at the time and place mentioned in the notice or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto that may be presented by any person showing cause why said petition should not be granted. The failure of any interested person to show cause shall be deemed as an assent on the person's part to the inclusion or exclusion of such property as requested in the petition. If the change of boundaries of the district does not adversely affect the district and if the petition is granted, the board shall adopt a resolution changing the boundaries of the district accordingly and record a certified copy of the resolution with the county clerk and recorder of the county in which the property is located, and the property is thereafter included in or excluded from the district as applicable.
(c) The board shall take into consideration and make a finding regarding all
of the following factors when determining whether to grant or deny the petition:
(I) The best interests of all of the following:
(A) The property to be included or excluded in the local improvement district;
(B) The local improvement district for which the change of boundaries is
proposed; and
(C) The county or counties in which the local improvement district is located;
(II) The relative cost and benefit to the property to be included in or excluded
from the district; and
(III) The ability of the local improvement district to provide economical and
sufficient improvements or services to both the property to be included or excluded and all of the properties within the district's boundaries.
(d) All property included in or excluded from a district is subject to the levy
of taxes, assessments, or both, for the payment of the property's proportionate share of any indebtedness of the district outstanding at the time of the property's inclusion or exclusion.
(3) (a) Except as to improvements initiated by the board as authorized by
subsection (2) of this section, no improvement shall be ordered under this part 6 unless a petition for the same is first presented, subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed, and, except as specified in this section, nothing in this part 6 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed in each assessment unit shall petition as specified in this part 6. In any case where a proposed improvement district formed prior to December 31, 2002, plans to provide transportation services and improvements pursuant to paragraph (a.5) of subsection (1) of this section and to levy a sales tax pursuant to section 30-20-604.5 to fund such services and improvements, the owners of the taxable real and personal property within the proposed improvement district having a valuation for assessment of not less than fifty percent of the valuation for assessment of all real or personal property within the district shall sign the petition presented to the board.
(b) If the owners of property to be assessed for more than one-half of the
entire costs estimated by the board to be assessed shall petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement must be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section.
(c) If the material petitioned for by the owners of property to be assessed for
more than one-half of the entire costs estimated by the board to be assessed is one that does not encourage competition, it shall be the right of the petitioners to state in the petition the maximum price per square yard, or linear foot, or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest.
(4) The board shall encourage competition, by advertising for and receiving
bids for such construction, and, so far as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.
(5) Before contracting for or ordering any work to be constructed whether
initiated by the board or by petition, a preliminary order shall be made by the board, adopting preliminary plans and specifications for the same, definitely describing the materials to be used, or stating that one of several specified materials shall be chosen, determining the number of installments and time in which the cost of the improvement shall be payable, if any, and the property, if any, to be assessed for the same, as provided in this part 6, and requiring an estimate of the cost to be made by the county engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made, and a schedule showing the approximate amounts, if any, to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the board but shall not be binding.
(6) The county clerk and recorder shall give notice, by advertisement once in
a newspaper of general circulation in such county, to the owners of any property to be assessed of:
(a) The kind of improvements proposed;
(b) The number of installments;
(c) The time in which the cost will be payable;
(d) Repealed.
(e) The extent of the district to be improved;
(f) The probable cost per front foot or other unit basis which, in the judgment
of the board, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;
(g) The time, not less than thirty days after the publication, when a resolution
authorizing the improvements will be considered;
(h) That said map and estimate and schedule showing the approximate
amounts to be assessed and all resolutions and proceedings are on file and may be seen and examined by any person interested at the office of the county clerk and recorder or other designated place at any time within said period of thirty days; and
(i) That all complaints and objections that may be made in writing concerning
the proposed improvement by the owners of any real estate to be assessed will be heard and determined by the board before final action thereon.
(7) The finding by resolution of the board that said improvements were duly
ordered after notice duly given and after hearing duly held and that such proposal was properly initiated by the said board or that a petition was presented and that the petition was subscribed by the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.
(8) Any resolution or order in the premises may be modified, confirmed, or
rescinded at any time prior to the passage of the resolution authorizing the improvements.
(9) The specifications for paving may include sidewalks, curbs, gutters, and
grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the board, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years; and the contract may be entered into in accordance therewith.
(10) If, before any such improvements are made, any piece of real estate to
be assessed already has an improvement conforming to the general plan or satisfactory to the board, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price.
(11) Any other provision of this part 6 notwithstanding, the board may initiate
an improvement district for the purpose of acquiring existing improvements of a character authorized by this part 6, in which case the provisions of section 30-20-601 concerning construction under the direction of county officers and the provisions of subsections (4) and (5) of this section concerning competitive bidding and preliminary plans and specifications shall not apply.
(11.5) (a) Any other provision of this part 6 notwithstanding, the board may
initiate an improvement district for the purpose of encouraging, accommodating, and financing improvements of a character authorized by paragraph (e) of subsection (1) of this section. Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the resolution of the board forming the district. The contract or agreement shall note the existence of any first priority mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 30-20-615 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the board shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district. The inclusion of such property within the district subsequent to the adoption of the resolution of the board forming the district may be made by the adoption of a supplemental or amending resolution of the board. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, subsections (4), (5), and (6) of this section concerning competitive bidding, preliminary plans and specifications, and notice, section 30-20-601 concerning construction under the direction of county officers, section 30-20-622 concerning contracts for construction, and section 30-20-623 concerning contract provisions do not apply. For such districts, the owner of property within a district may arrange improvements that qualify pursuant to the resolution of the board authorizing improvements for the district and may obtain financing for said improvements from the district through the process set forth in the resolution forming the district.
(b) (I) Districts formed for the purposes authorized in paragraph (e) of
subsection (1) of this section may cross county boundaries and include properties in multiple counties, whether such counties are contiguous or noncontiguous, if the boards of county commissioners of the affected counties have entered into an intergovernmental agreement or memorandum of understanding regarding the sharing of incremental costs attributable to the district's crossing of county boundaries, with such costs becoming part of the total assessment allocated to each participating landowner.
(II) For any district that may include properties in other counties, the board
shall notify the boards of county commissioners and the county treasurers of such counties, at least ten days in advance of the public meeting at which it will be discussed, of the potential inclusion of such properties. The originating board shall consider comments sent by such boards of county commissioners or county treasurers concerning the potential addition of properties from their counties if the comments have been received by the date of the public meeting.
(III) If a municipality that has territory in multiple counties, one of which has
created a district for the purposes authorized in paragraph (e) of subsection (1) of this section, desires to consent to the inclusion within such district of any of the properties within its entire incorporated boundary, the municipality shall expressly state in its ordinance granting consent that any property located in the municipality, irrespective of the county in which such property is located, may be included in the district.
(12) The board is authorized to enter into contracts and agreements with any
owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.
(13) At or about the time of the adoption by the board of any resolution
creating a district, a copy of such resolution shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The board shall make a good faith attempt to comply with this subsection (13), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 6.
Source: L. 73: p. 484, � 1. C.R.S. 1963: � 36-30-3. L. 79: (1) amended, p. 1150,
� 1, effective April 25. L. 83: (1) amended, p. 1235, � 1, effective March 22; (1) amended, p. 1245, � 3, effective July 1. L. 85: (1)(a), (2)(a), (5), and (6)(f) amended, (6)(d) repealed, and (11) added, pp. 1071, 1077, �� 1, 14, effective May 24. L. 86: (2)(a), (3), (5), (6)(f), (6)(i), (7), and (9) to (11) amended and (12) added, p. 1052, � 17, effective July 1. L. 87: (5) and IP(6) amended, p. 1211, � 3, effective May 7. L. 90: (13) added, p. 1471, � 1, effective October 1. L. 99: (1)(c) added, p. 516, � 13, effective April 30. L. 2000: (1)(c) and (3)(a) amended and (1)(a.5) added, p. 1990, � 3, effective August 2. L. 2002: (1)(c) amended, p. 335, � 2, effective April 19; (1)(a) amended, p. 269, � 7, effective August 7. L. 2006: (1)(d) added, p. 347, � 2, effective August 7. L. 2007: (1)(a.5) amended, p. 833, � 2, effective May 14. L. 2008: (1)(e) and (11.5) added, p. 1296, �� 10, 11, effective May 27. L. 2009: (1)(a) amended and (1)(f), (1)(g), and (1)(h) added, (HB 09-1217), ch. 251, p. 1125, � 1, effective August 5. L. 2010: (11.5) amended, (SB 10-100), ch. 207, p. 900, � 2, effective May 5. L. 2013: (1) (c) amended and (2.5) added, (HB 13-1036), ch. 182, p. 670, � 2, effective August 7. L. 2017: (1)(g) amended, (HB 17-1174), ch. 134, p. 449, � 1, effective August 9. L. 2023: (1)(a) and (1)(g)(II) amended, (1)(g)(III)(A) repealed, and (1)(g)(III)(A.5) added, (SB 23-183), ch. 139, p. 589, � 10, effective May 1; (1)(a) amended, (HB 23-1252), ch. 166, p. 762, � 7, effective August 7; (1)(a) amended, (HB 23-1301), ch. 303, p. 1839, � 72, effective August 7.
Editor's note: (1) Amendments to subsection (1) by House Bill 83-1163 and
House Bill 83-1033 were harmonized.
(2) Amendments to subsection (1)(a) by SB 23-183, HB 23-1252, and HB 23-1301 were harmonized.
Cross references: For the legislative declaration in HB 23-1252, see section 1
of chapter 166, Session Laws of Colorado 2023.
C.R.S. § 30-20-623
30-20-623. Provisions to be inserted. Every contract shall provide that it is subject to the provisions of the laws under which the county exists and of the resolution authorizing the improvement; that the aggregate payment thereon shall not exceed the amount appropriated; that, upon ten days' written notice to the contractor, the work under such contract, without cost or claim against the county, may be suspended for substantial cause; and that, upon complaint of any owner of land to be assessed for the improvement that the improvement is not being constructed in accordance with the contract, the board may consider the complaint and make such order in the premises as shall be just, and such order shall be final.
Source: L. 73: p. 490, � 1. C.R.S. 1963: � 36-30-22. L. 85: Entire section
amended, p. 1076, � 12, effective May 24. L. 86: Entire section amended, p. 1061, � 36, effective July 1.
Editor's note: This section was originally numbered as � 30-20-622 in C.R.S.
1973 but was renumbered on revision in the 1977 replacement volume for ease of location.
C.R.S. § 30-26-301
30-26-301. Creation of debt for buildings and roads - election - definitions. (1) When the board of county commissioners of any county deems it necessary to create an indebtedness for the purpose of erecting necessary public buildings, making or repairing public roads or bridges, developing, maintaining, and operating mass transportation systems, acquiring or building or acquiring and building airports and landing strips including the necessary land therefor and approaches thereto, by an order entered of record specifying the amount required and the object for which such debt is created, they shall submit the question to a vote at a general or special election. The general or special election provided for under this part 3 may be combined with the election on a proposal for a countywide sales tax, use tax, or both, provided for in part 1 of article 2 of title 29. The board shall cause to be posted a notice of such order, which states, among other things, the maximum net effective interest rate at which such bonds may be issued, in some conspicuous place in each voting precinct in the county, for at least thirty days preceding the election, and all persons voting on that question shall vote by separate ballot whereon are placed the words for county indebtedness or against county indebtedness, such ballots to be deposited in a box provided by the board of county commissioners for that purpose.
(2) (a) No county shall contract any debt by loan in any form unless the
proposition to create such debt shall first be submitted to and approved by the registered qualified electors of the county.
(b) If a majority of those electors of the county voting at such election vote in
favor of the proposition to contract said debt, the board of county commissioners is authorized to contract said debt.
(c) The board of county commissioners of any county shall submit to the
registered qualified electors of the county the question of contracting a bonded indebtedness for any one or more of the purposes authorized by law.
(d) The order submitting the question of contracting an indebtedness shall
contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred. As used in articles 11, 15, and 17, parts 1, 3 to 6, and 8 of article 20, articles 25 and 26, and part 2 of article 28 of this title 30 and part 2 of article 6 of title 25, article 3 of title 29, part 5 of article 15 of this title 30, and article 5 of title 41, unless the context otherwise requires:
(I) Net effective interest rate of a proposed issue of bonds means the net
interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities.
(II) Net interest cost of a proposed issue of bonds means the total amount
of interest to accrue on said bonds from their date of issuance to their respective maturities, plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
(e) (I) The board of county commissioners of any county, having received
approval at an election to issue bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit at another general or special election either the question of issuing the bonds, or any portion thereof, at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election, or the question of issuing the bonds, or any portion thereof, to mature over a longer period of time than the maximum period of maturity approved at the original election, or both such questions.
(II) An election held pursuant to this paragraph (e) shall be held in
substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question or questions permitted under this paragraph (e).
(III) If the changes submitted are not approved at an election held pursuant
to this paragraph (e), such result shall not impair the authority of the board at a later time to issue the bonds originally approved within the limitations established at the first election.
(3) If, upon canvassing the vote, which shall be canvassed in the same
manner as the vote for county officers, it appears that a majority of all the votes cast are for county indebtedness, the board of county commissioners shall be authorized to contract the debt in the name of the county. The aggregate amount of indebtedness of any county shall not be in excess of three percent of the actual value, as determined by the assessor, of the taxable property in the county.
Source: G.L. � 448. G.S. � 671. R.S. 08: � 1364. C.L. � 8842. CSA: C. 45, � 194.
L. 45: p. 296, � 3. CRS 53: � 36-6-1. C.R.S. 1963: � 36-6-1. L. 70: p. 137, �� 3, 4. L. 71: pp. 336, 337, �� 1, 7. L. 73: pp. 467, 469, �� 3, 1. L. 79: (1), (2)(e)(I), and (3) amended, p. 1157, � 1, effective May 4. L. 80: (2)(c) amended, p. 414, � 20, effective January 1, 1981. L. 81: IP(2)(d) amended, p. 1614, � 13, effective June 19. L. 92: (2)(c) amended, p. 874, � 102, effective January 1, 1993. L. 2003: (3) amended, p. 655, � 1, effective March 20. L. 2017: IP(2)(d) amended, (SB 17-228), ch. 246, p. 1042, � 7, effective August 9. L. 2024: (1) amended, (SB 24-025), ch. 144, p. 569, � 23, effective July 1, 2025. L. 2025: (2)(c) amended, (SB 25-275), ch. 377, p. 2088, � 258, effective August 6.
Cross references: For the manner of canvassing votes for county officers,
see part 1 of article 10 of title 1; for the Uniform Election Code of 1992, see articles 1 to 13 of title 1.
C.R.S. § 30-35-201
30-35-201. Powers of governing bodies. The governing body of a home rule county shall exercise such duties and authority and shall have all the powers and responsibilities as provided by law for governing bodies of counties not adopting a home rule charter and shall also have all of the following powers that have been included in the county's home rule charter or in any amendment thereto, pursuant to the provisions of section 30-35-103 (1):
(Administrative Powers)
(1) Finances. To control the finances and property of the corporation;
(2) Appropriations. To appropriate moneys for corporate purposes only, and
provide for payment of debts and expenses of the corporation;
(3) Public entertainment. To appropriate moneys in an amount not
exceeding six-tenths of one mill on the valuation for assessment for the purpose of giving public concerts and entertainments by such corporation;
(4) Advertising. To appropriate moneys for the purpose of advertising the
business, social, and educational advantages, the natural resources, and the scenic attractions of the corporation;
(5) Taxes. To levy and collect taxes for general and special purposes on real
and personal property, as provided by statute;
(6) Indebtedness. (a) To contract an indebtedness on behalf of the county
and upon the credit thereof, by borrowing money or issuing the bonds of the county, for any public purpose of the county, including, but not limited to, the supplying of water and sewer facilities service, the purchase of land, and the purchase, construction, extension, and improvement of public roads, streets, buildings, facilities, and equipment, and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the county;
(b) The total amount of indebtedness for all purposes shall not at any time
exceed three percent of the valuation for assessment of the county as determined by the county assessor, except such debt as may be incurred in supplying water, and no loan for any purpose shall be made unless it is by ordinance, which shall be irrepealable until the indebtedness therein provided for is fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied, and providing for the levying of a tax which, together with such other revenues, assets, or funds as may be pledged, shall be sufficient to pay the annual interest on, and extinguish the principal of, said debt within the time limited for the debt to run, which, excepting such debt as may be incurred in supplying water, shall not be more than thirty years; except that said tax when collected shall only be applied for the purposes in said ordinance specified, until the indebtedness is paid and discharged; but no debt shall be created unless the question of incurring the same is submitted, at a regular or special election of the county, to the registered electors thereof and a majority of the registered electors voting upon the question vote in favor of creating such debt.
(c) No statutory provisions of any other law limiting or fixing tax rates shall
limit the provisions of this subsection (6).
(d) Bonds issued under this subsection (6) may mature serially during a
period of not more than thirty years from the date thereof, in which event the amounts of such annual maturities shall be fixed by the governing body; except that bonds issued to supply water may mature over a longer period. If the governing body so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event said bonds shall be subject to call commencing not later than fifteen years from the date thereof. The right to redeem all or part of said bonds prior to their maturity, and the order of any such redemption, shall be reserved in the ordinance authorizing the issuance of bonds and shall be set forth on the face of said bonds.
(e) The ordinance or resolution submitting the question of contracting an
indebtedness shall contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred. For the purposes of this article:
(I) Net effective interest rate of a proposed issue of bonds shall be defined
as the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities.
(II) Net interest cost of a proposed issue of bonds shall be defined as the
total amount of interest to accrue on said bonds from their date to their respective maturities, plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
(f) (I) The governing body, having received approval at an election to issue
bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit, at another regular or special election, either the question of issuing the bonds, or any portion thereof, at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election or the question of issuing the bonds, or any portion thereof, to mature over a longer period of time than the maximum period of maturity approved at the original election, or the governing body may submit both such questions.
(II) An election held pursuant to this paragraph (f) shall be held in
substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question or questions permitted under this paragraph (f).
(III) At an election held pursuant to this paragraph (f), if the changes
submitted are not approved, such result shall not impair the authority of the governing body at a later time to issue the bonds originally approved within the limitations established at the first election.
(7) Officers and employees. To provide by ordinance for the powers, duties,
appointment, term of office, removal, and compensation of all officers and employees of the county not otherwise provided for by the state constitution or by statute or by charter and to provide for a retirement plan for such officers and employees;
(8) Supplies. To provide by ordinance that all the paper, printing, stationery,
fuel, and other supplies needed for the use of the county shall be furnished by contract let to the lowest responsible bidder;
(9) Charges on land. To prescribe, by general ordinance, the mode in which
the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes so authorized by law. Any such charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and also be a lien upon lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a proceeding in law or in equity, either in the name of such corporation or of any person to whom it shall have directed payment to be made. In any such proceedings where pleadings are required, it shall be sufficient to declare generally for work and labor done and materials furnished on the particular street, alley, or highway, for sewerage, or for water used. Proceedings may be instituted against all the owners, or any of them, to enforce the lien against all the lots or parcels of land, or each lot or parcel, or any number of them embraced in any one assessment; but the judgment or decree shall be for each separately for the amount properly chargeable to each. Any proceedings may be severed in the discretion of the court for the purpose of trial, review, or appeal.
(10) Vacancies. To fill any vacancy occurring by death, removal, or
resignation of any member of the governing body or other elective county officer by the appointment of a successor, and such appointee shall hold his office only until the next election, when the vacancy shall be filled by election as in other cases;
(11) Grants of rights-of-way. To grant, by ordinance and upon such terms
and conditions as may be prescribed therein, rights-of-way through, over, across, and under roads, streets, and alleys;
(Public Works and Services)
(12) Buildings. To construct and maintain public buildings;
(12.5) Energy conservation measures. To enter into installment purchase
contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.
(13) Streets and public grounds. (a) To plan, establish, open, alter, widen,
extend, grade, pave, or otherwise improve roads, streets, alleys, avenues, sidewalks, parks, and public grounds, and vacate the same, and to direct and regulate the landscaping within the rights-of-way of such roads, streets, and, avenues and on public grounds; to regulate the use of the same; to prevent and remove encroachments or obstructions upon the same; to provide for the lighting of the same; and to provide for the maintenance of the same;
(b) To regulate the openings therein for the laying-out of gas or water mains
and pipes and the building and repairing of sewers, tunnels, and drains or for any other purpose;
(c) To regulate the use of sidewalks along the streets and alleys, and all
structures thereunder, and to require the owner or occupant of any premises to keep the sidewalks free from snow and other obstructions;
(d) To regulate and prevent the throwing or depositing of ashes, garbage, or
any offensive matter in, and to prevent any injury to, any road, street, avenue, alley, or public ground;
(e) To provide for and regulate crosswalks, curbs, and gutters;
(f) To regulate and prevent the use of roads, streets, sidewalks, and public
grounds for the erection of signs, signposts, awnings, awning posts, and utility poles and for the posting of handbills and advertisements; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills upon the streets or public grounds or upon the sidewalks; and to regulate and prevent the flying of flags, banners, or signs across the streets or from houses or other structures;
(g) To regulate the numbering of houses and lots and to name and change
the name of any road, street, avenue, alley, or other public place;
(14) Bridges and tunnels. To construct and maintain bridges, viaducts, and
tunnels and to regulate the use thereof;
(15) Sewers and water mains. To construct and maintain culverts, drains,
sewers, water mains, septic tanks, and cesspools and to regulate their use and to assess, either in whole or in part, the cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and opposite the improvements in proportion to the frontage of such lots or lands abutting upon the road, street, or alley wherein such sewer, water main, or drain is to be laid. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against the county, and the balance may be assessed against the lots or lands and the owners thereof, according to the frontage.
(16) Lease or purchase of canals. To purchase or lease any canal or ditch
already constructed, or which may hereafter be constructed, and all the rights, privileges, and franchises of any person or corporation owning the same or having any interest or right therein, and to hold and operate the same in the same manner as the persons or corporations from whom the same may be purchased or leased might otherwise do, if such purchase or lease is made for the purpose of supplying, by said ditch or canal, water for the use of the people of the county and if a majority of the registered electors of the county voting at any regular election held for the election of county officers vote in favor of said purchase;
(17) Obligations - repair - management. In making a purchase or lease
pursuant to subsection (16) of this section, to assume all obligations and other duties which by law devolve upon the owner of such ditch or canal from whom the same may be purchased or leased by virtue of subsection (16) of this section and to repair, improve or enlarge said canal or ditch or any flume, dam, or gate connected therewith and, for such objects, to levy and collect taxes in the same manner as other taxes are levied and collected by law. The management of such ditch or canal shall be under the control of the governing body of a home rule county.
(18) Counties may purchase water rights. To purchase water and water
rights for the purpose of supplying counties and the inhabitants thereof with water. When deemed necessary and proper, the governing body of a county may purchase and hold the lands with which said water right is connected, whether the same is within or beyond the corporate limits thereof.
(19) May divert waters - sell lands. To divert the waters acquired by
purchase, to the amount and extent theretofore lawfully appropriated, for the use of the county and the inhabitants thereof and to sell such lands whenever the governing body of a county may deem such course advisable;
(20) Ratification of prior rights purchased. To exercise the right to hold and
retain water rights, or such lands and water rights as may have been purchased prior to June 8, 1981, by any county in this state for the purpose of providing water for the use thereof or for the use of its inhabitants, such right hereby being given and ratified and confirmed to the county; and also to exercise the right to divert the water belonging to such rights for the use of the county and the inhabitants thereof; and to sell and dispose of such lands so purchased separate and apart from the water rights as provided in subsection (19) of this section;
(21) Water pollution control. (a) To cooperate with and report to the water
quality control commission and the department of public health and environment concerning any instances of water pollution, but this paragraph (a) shall not be construed to affect any activity conducted in compliance with any valid permit, license, or other authority granted or issued by any agency of the state or federal government;
(b) To apply for and to accept grants or loans or any other aid from the
federal or state government or any agent or instrumentality thereof or any private agency;
(c) To construct, reconstruct, lease, improve, better, and extend sewerage
facilities and sewage treatment works wholly within or wholly without the county or partially within and partially without the county;
(d) To issue its general obligation bonds or other general obligations for the
purpose set forth in, and within the limitations prescribed by, subsection (6) of this section and to issue its revenue bonds or obligations for such purpose in accordance with law;
(e) To provide that such bonds or obligations or any part thereof may be sold
to the state of Colorado or the United States of America or any agency or instrumentality of either at private sale and without advertisement;
(f) To cooperate with other local public bodies and with state and federal
agencies by contract for the joint construction and financing of sewerage facilities and sewage treatment works and the maintenance and operation thereof;
(g) To enter into joint operating agreements with industrial enterprises and
accept gifts or contributions from such industrial enterprises for the construction, reconstruction, improvement, and extension of sewerage facilities and sewage treatment works. When determined by its governing body to be in the public interest and necessary for the protection of the public health, the county is authorized to enter into and perform contracts, whether long-term or short-term, with any industrial establishment for the provision and operation by the county of sewerage facilities to abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the county of amounts at least sufficient, in the determination of such governing body, to compensate the county for the cost of providing, including the payment of the principal and any interest charges, and of operating and maintaining the sewerage facilities serving such industrial establishment.
(22) Firehouses, equipment, and firefighters. To erect firehouses, and
provide fire equipment for the extinguishment of fires and to provide for the use and management of the same; to determine the powers and duties of the members of the fire department in taking charge of property to the extent necessary to bring under control and extinguish any fire and to preserve and protect property not destroyed by fire; and to restrain persons from interfering with the discharge of the duties of the members of the fire department in connection with the fighting of any fire;
(23) Hospitals and places of relief. (a) To erect, establish, and maintain
public hospitals, medical dispensaries, and other health facilities;
(b) The limitations on borrowing and incurring indebtedness set forth in
section 25-3-304 (2), C.R.S., shall not apply to county hospitals established in home rule counties, as that term is defined in part 5 of article 11 of this title. The board of public hospital trustees in such home rule counties shall have the power to borrow money and enter into long term leases even where such indebtedness may not be repaid for more than one year and such indebtedness shall not require the approval of the board of county commissioners of such county unless such power to approve such indebtedness is specifically reserved to the board of county commissioners in the county home rule charter. The home rule county shall incur no liability as a result of the actions to incur indebtedness by such board of public hospital trustees.
(24) Cemeteries. To establish and regulate cemeteries within or without the
corporation and acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed;
(25) Franchise and charges for utilities. When the right to build and operate
such water or cable television systems is granted to private individuals or incorporated companies by the county, to make such grant to inure for a term of not more than twenty-five years and to authorize such individuals or company to charge and collect from each person supplied by them with water or such water or cable television charges as may be agreed upon between said person or corporation so building said works and the county; and to enter into a contract with the individual or company constructing said works to supply the county with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and to pay therefor such sums as may be agreed upon between said contracting parties;
(26) Assessments for utility charges. To assess from time to time, when
constructing such water or cable television systems, in such manner as they shall deem equitable upon each tenement or other place supplied with such service, such charges as may be agreed upon by the governing body. At the regular time for levying taxes in each year, said county is hereby empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in the county. Such tax, with charges hereby authorized, shall be sufficient to pay the expenses of operating and maintaining such systems. If the right to build, maintain, and operate such systems is granted to private individuals or incorporated companies by the county, and the county shall contract with said individuals or companies for the supplying of such services for any purpose, the county shall levy each year and cause to be collected a special tax as provided for above, sufficient to pay off such charges so agreed to be paid to said individuals or company constructing said systems, but the said special tax shall not exceed the sum of three mills on the dollar for any one year.
(27) Water facilities and taxes. To construct public wells, cisterns, and
reservoirs in the roads, streets, and other public and private places within the county, or beyond the limits thereof, and to provide proper pumps and conduits or ditches, for the purpose of supplying such county with water; and to levy an equitable and just tax or charge upon all consumers of water for the purpose of defraying the expense of such improvements;
(28) Supply water to outside consumers. To supply water from their water
systems to consumers outside of the county and to collect therefor such charges, upon such conditions and upon such limitations as the county may impose by ordinance;
(29) Parks - recreational facilities - conservation easements. (a) To
acquire, establish, and maintain such lands, or interests in land, within the county as in the judgment of the governing body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest.
(b) Interests in land, as used in subsections (29) to (39) of this section,
means and includes any and all rights and interests in land less than the full fee interest, including, but not limited to, future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to this subsection (29), when recorded, shall be deemed to run with the land to which it pertains for the benefit of the county holding such interest and may be protected and enforced by a county in any court of general jurisdiction by any proceeding known at law or in equity.
(c) Any county may unite with any other similarly authorized political
subdivision of this state in acquiring, establishing, and maintaining any property which a county is authorized to acquire, establish, or maintain pursuant to this subsection (29).
(30) Lands or interests in land acquired. With respect to lands, or interests
in land, for any of the purposes mentioned in subsection (29) of this section, to acquire, either by gift, devise, or purchase, but no land shall be purchased for such purpose until the governing body shall adopt an ordinance authorizing such acquisition and stating the location and legal description of the lands to be acquired and, in case of purchase, the price to be paid and the manner of payment or unless the proposal to acquire such lands shall be submitted upon petition pursuant to subsection (33) of this section and approved by the electors of the county. Lands or interests in land given or devised to a county for the purposes mentioned shall be accepted or refused by ordinance passed by the governing body of the county.
(31) Management - licenses - franchises. Exclusively, to manage and
control all parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads as mentioned in subsection (29) of this section and, exclusively, to lay out, regulate, and improve the same, to prohibit certain or heavy traffic therein and thereon, to grant or refuse licenses to vend goods on the roads, streets, or sidewalks within three hundred feet of any park entrance and on the streets and sidewalks adjoining parks, and to establish and maintain necessary rules and regulations for the proper supervision and government thereof. The county shall have such additional powers relating thereto as may be prescribed by ordinance, and the governing body shall provide, by ordinance, for the enforcement of such rules and orders.
(32) Bequests for park purposes. Upon such trusts or conditions as may be
approved by the county real or personal property may be granted, bequeathed, devised, or conveyed to the county for the purpose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway, or road or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments, or works of art. All such property or the rents, issues, and profits thereof shall be subject to the exclusive management and control of the county.
(33) Acquisition and bonds submitted to electors. (a) For any of the
purposes named in subsection (29) of this section within the county limits, to acquire, by purchase, gift, devise, or exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or interests in land shall be so acquired by purchase unless the governing body has adopted an ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interests in land, unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by subsection (6) of this section.
(b) The governing body, upon petition of the registered electors of the
county, equal in number to ten percent of the total number of such electors voting at the last regular election of the county, shall submit at the next regular election either or both of the questions of acquisition or of incurring bonded indebtedness by separate ordinance. In the ordinance submitting the question of the acquisition of such lands or interests in land, the governing body shall state the location of the land or interests in land proposed to be acquired, describing the same by legal subdivisions, wherever practicable, and the consideration to be given for the purchase and the manner of payment; and, in the ordinance submitting the question of incurring indebtedness, the governing body shall state the maximum net effective interest rate at which the bonds may be issued. If the only question to be submitted is the acquisition of such properties, the question may be submitted at a regular or special election. If the acquisition or incurring of indebtedness or both have been approved as required by subsection (6) of this section, the governing body shall acquire such lands or interests in land, incur said indebtedness, or both, pursuant to said authorization.
(34) Park fund - certified vouchers. To provide for a park fund which shall
consist of moneys levied, collected, and appropriated therefor and coming into the fund by donation or otherwise. All moneys collected and credited to the park fund shall be used for the maintenance and improvement of parks, parkways, boulevards, avenues, driveways, and roads and shall be expended by the county as in their judgment the needs of such property shall require. The same shall be drawn upon the proper officers of the county, upon vouchers properly authenticated.
(35) Maximum tax levy - moneys credited. (a) As a part of the annual levies
authorized by law, to annually levy, assess, and collect upon each dollar of taxable property within the county not more than one and one-half mills for the purposes of said park fund, the proceeds of which shall be collected in the same manner as other county taxes and shall be appropriated to the park fund.
(b) All moneys collected or received or levied or appropriated by the county
for park purposes shall be deposited in the county treasury to the credit of the park fund. Any portion thereof remaining unexpended at the end of any fiscal year or at any other time shall not in any event revert into the general fund nor be subject to appropriation for general purposes.
(36) Acquisition of park land by assessment and bond sale. In addition to
the powers conferred to acquire lands for parks and parkways by the sale of the general bonds of the county, to acquire boulevards, parkways, avenues, driveways, and roads, in the manner provided in subsection (37) of this section, the same to be paid for by special assessments upon all the other real estate, except avenues, boulevards, streets, and roads, in the county or partly out of the proceeds of the sale of the general bonds of the county and partly by such assessments as the same may be determined by ordinance.
(37) Acquisition by condemnation. For the purpose of acquiring lands for
boulevards, parkways, avenues, driveways, and roads, to select and, by a suitable proceeding in the name of the county and without the passage of any ordinance, to condemn real property, to purchase any real property so selected for one or more boulevards, parkways, avenues, driveways, or roads, and to select routes and streets for the purpose of establishing and maintaining a system of connecting boulevards and pleasure ways or parkways therein. All such condemnation proceedings shall be in accordance with the general laws of the state, so far as the same are applicable, but the benefit to other lands shall be ascertained and assessed.
(38) Park bonds. To pay for the parks and pleasure grounds, boulevards,
parkways, avenues, driveways, and roads established by any county, or such part thereof, as may be determined by the county, in park bonds of the county of a date and form prescribed by the county, bearing the name of the county, and payable to bearer at such times and in a sufficient period of years to cover the period of payments provided for, with interest annually at a rate or rates such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, as may be determined by the governing body. The bonds shall be signed by the executive officer, countersigned by the county clerk and recorder, and bearing the seal of the county endorsed thereon, the interest to be evidenced by suitable coupons attested by a facsimile of the signature of the county clerk and recorder.
(39) Control of park grounds. In all cases where any home rule county has
acquired lands for parks, parkways, boulevards, or roads, to have full police power and jurisdiction and full power and authority in the management, control, improvement, and maintenance of and over any and all such lands so acquired; to have power and authority to provide by ordinance for the regulation and control of its lands so acquired and to prevent the commission of any and all acts which are or may be declared unlawful and to prosecute and punish the violation of any ordinances in its county courts. A county shall have like power and jurisdiction to regulate and prevent the erection, construction, and maintenance, within three hundred feet of any such park, parkway, boulevard, or road, of any advertisement or of any billboard or other structure for advertisements, and the county shall also have like power and jurisdiction over the use of any public roads, boulevards, or parkways within such parks and running over or through or between such lands and any public roads, boulevards, or parkways between any such parks or pleasure ground and its county boundaries.
(Building and Zoning Regulations)
(40) Planning and zoning. To exercise the powers of planning and zoning
pursuant to the provisions of article 28 of this title;
(Condemnation Powers)
(41) Streets and sewers. To extend, by condemnation or otherwise, any
road, street, alley, or highway, over or across, or to construct any sewer under or through any railroad track, right-of-way, or land of any railroad company, within the county jurisdiction, but, where no compensation is made to such railroad company, the county shall restore such railroad track, right-of-way, or land to its former condition or in a sufficient manner not to have impaired its usefulness;
(42) Public transportation - rights-of-way. To grant the use of, or right to
lay down, any railroad track in any road or street of the county to any public transportation company;
(43) Utilities. To condemn and appropriate so much private property as shall
be necessary for the construction and operation of sewers in such manner as may be prescribed by law;
(Ordinance Power)
(44) Power and penalties. To pass all ordinances and rules and make all
regulations proper or necessary to carry into effect the powers granted to home rule counties, with such fines and penalties as the governing body shall deem proper, but no fine or penalty shall exceed three hundred dollars, and no imprisonment shall exceed ninety days for one offense;
(45) Enforcement. To enact and provide for the enforcement of all county
ordinances necessary to protect life, health, and property; to prevent and remove nuisances defined by statute and upon complaint to the district attorney; to preserve the general welfare, order, and security of the county and its inhabitants;
(46) Parking - facilities. To provide, by ordinance, for the construction,
maintenance, and operation of public parking facilities, buildings, stations, or lots by the county and to pay for the cost thereof by general tax levy or otherwise or by the issuance of bonds of the county, which bonds may be retired by revenues assessed and collected as rentals, fees, or charges from the operation of such facilities or from parking meter rentals or charges.
Source: L. 81: Entire article added, p. 1462, � 1, effective June 8. L. 91: (12.5)
added, p. 733, � 5, effective May 1. L. 94: (21)(a) amended, p. 2801, � 563, effective July 1.
C.R.S. § 31-15-302
31-15-302. Financial powers - legislative declaration. (1) The governing bodies in municipalities shall have the following general powers in relation to the finances of the municipality:
(a) To control the finances and property of the corporation;
(b) To appropriate money for municipal purposes only and provide for
payment of debts and expenses of the municipality;
(c) To levy and collect taxes for general and special purposes on real and
personal property;
(d) (I) To contract indebtedness on behalf of the municipality and upon the
credit thereof by borrowing money or issuing the bonds of the municipality for any public purpose of the municipality, including but not limited to the following purposes: Supplying water, gas, heating and cooling, and electricity; purchasing land; and purchasing, constructing, extending, and improving public streets, buildings, facilities, and equipment; and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the municipality.
(II) The total amount of indebtedness for all such purposes shall not at any
time exceed three percent of the actual value, as determined by the assessor, of the taxable property in the municipality except such debt as may be incurred in supplying water. No loan for any purpose shall be made except by ordinance, which shall be irrepealable until the indebtedness provided for is fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied and providing for the levying of a tax which, together with such other revenue, assets, or funds as may be pledged, is sufficient to pay the annual interest and extinguish the principal of said debt within the time limited for the debt to run, which, except such debt as may be incurred in supplying water, shall not be more than thirty years, and further providing that said tax, when collected, shall only be applied for the purposes specified in said ordinance until the indebtedness is paid and discharged. No debt shall be created, except in supplying water, unless the question of incurring the same is submitted, at a regular or special election of the municipality, to the registered electors thereof as defined by the Colorado Municipal Election Code of 1965 and a majority of the registered electors voting upon the question vote in favor of creating such debt.
(III) No statutory provisions of any other law limiting or fixing tax rates shall
limit the provisions of this paragraph (d).
(IV) Bonds issued under this paragraph (d) may mature serially during a
period of not more than thirty years from the date thereof, in which event the amounts of such annual maturities shall be fixed by the governing body; except that bonds issued to supply water may mature over a longer period. If the governing body so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event said bonds shall be subject to call commencing not later than fifteen years after the date thereof. The right to redeem all or part of said bonds prior to their maturity and the order of any such redemption shall be reserved in the ordinance authorizing the issuance of bonds and shall be set forth on the face of said bonds.
(V) The ordinance or resolution submitting the question of contracting an
indebtedness shall contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred.
(VI) (A) The governing body of any municipality, having received approval at
an election to issue bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit at another regular or special election the question of issuing the bonds or any portion thereof at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election; the question of issuing the bonds or any portion thereof to mature over a longer period of time than the maximum period of maturity approved at the original election; or both such questions.
(B) An election held pursuant to this subparagraph (VI) shall be held in
substantially the same manner as an election to authorize bonds initially except as may be required for the submission of the limited question permitted under this subparagraph (VI).
(C) At an election held pursuant to this subparagraph (VI), if the changes
submitted are not approved, such result shall not impair the authority of the governing body at a later time to issue the bonds originally approved within the limitations established at the first election.
(e) To prescribe, by general ordinance, the manner in which the charge on
the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes so authorized by law. Such charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and also shall be a lien upon the respective lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a proceeding at law or in equity, either in the name of such municipality or of any person to whom it has directed payment be made. In any such proceedings, where pleadings are required, it shall be sufficient to declare generally for work and labor done and materials furnished on the particular street, alley, or highway or for water rent or gas used. Proceedings may be instituted against all the owners, or any of them, to enforce the lien against all the lots or land, or each lot or parcel, or any number of them embraced in any one assessment; but the judgment or decree shall be entered separately for the amount properly chargeable to each. Any proceedings may be severed in the discretion of the court for the purpose of trial, review, or appeal.
(f) (I) For the purpose of providing and accumulating funds for the
construction, acquisition, or improvement of public buildings, water facilities, sewer facilities, heating and cooling works, or other public works or to supplement bond issues for the same purpose, the governing body of each municipality is authorized to create, by resolution, a public works fund, setting forth in such resolution the description and location of the buildings, water facilities, sewer facilities, heating and cooling works, or other public works to be constructed, acquired, or improved; the estimated cost of the same; the annual tax levy required; and the number of years such a levy should be made; and the time of a public hearing. In lieu of an ad valorem levy, the governing body of the municipality may provide for other taxes or revenues authorized by law which will produce equivalent funds.
(II) If the amount needed does not require a tax levy in excess of two mills,
the governing body is authorized, after a public hearing, to make such a levy without putting the proposition to a vote of the qualified electors. If a special levy in excess of two mills for any one fiscal year is required, the governing body, by resolution, in their discretion may submit to the registered electors of such municipality the question of making such a special levy. The special election may be held on the same day as any other special or general election.
(III) In submitting the question to said electors, a ballot shall be printed
giving the description and location of the public buildings, water facilities, sewer facilities, or other public works to be constructed, acquired, or improved; the estimated maximum amount to be expended for each single purpose; and the maximum mill levy, if any, required for each specified year. Each project shall be printed separately on the ballot.
(IV) The money derived from the special levy authorized shall be credited by
the treasurer of the respective municipality to a special fund to be known as the public works fund. Such funds may be accumulated and held over for expenditure in subsequent years, but they shall be used only for the public works authorized. The governing body may change the purpose for which the fund may be expended after holding a public hearing. When the public works have been constructed, acquired, or improved and paid for, any unexpended balance in the public works fund shall be transferred to the general fund of the municipality.
(g) To deposit any moneys of general or special funds in any depository
authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the governing body of a municipality may appoint, by written resolution, one or more persons to act as custodians of the moneys of the municipality. Such persons shall give surety bonds in such amounts and form and for such purposes as the governing body requires.
(h) To enter into installment purchase contracts or shared-savings contracts
or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.;
(i) (I) For a municipality that has a population of twenty thousand or fewer
residents, to enter into contracts with a health-care provider, who is licensed in this state, to provide health-care services to such municipality. Such health-care providers shall be known as community contracted health-care providers.
(II) The general assembly hereby finds, determines, and declares that access
to health-care services in rural areas is an increasing problem in Colorado. Some rural Coloradans do not have access to a primary care provider in their town and are forced to travel. It is the intent of the general assembly to ease the strain on rural Coloradans' health-care needs by allowing a municipality with twenty thousand or fewer residents to contract with a health-care provider to provide health-care services to rural areas.
(III) (Deleted by amendment, L. 2008, p. 212, � 1, effective March 26, 2008.)
(j) To establish and administer an incentive program to directly incentivize
improvement in an area of specific local concern related to the use of real property in the municipality in accordance with section 31-20-101.7.
Source: L. 75: Entire title R&RE, p. 1106, � 1, effective July 1. L. 79: (1)(g)
added, p. 1618, � 20, effective June 8. L. 81: (1)(d)(I) and (1)(f)(I) amended, p. 1454, � 2, effective May 27. L. 91: (1)(h) added, p. 733, � 6, effective May 1. L. 2001: (1)(i) added, p. 1164, � 13, effective June 5. L. 2007: (1)(i)(III) amended, p. 2046, � 85, effective June 1. L. 2008: (1)(i) amended, p. 212, � 1, effective March 26. L. 2024: (1)(j) added, (SB 24-002), ch. 25, p. 74, � 4, effective August 7.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.
Cross references: (1) For the Colorado Municipal Election Code of 1965,
see article 10 of this title.
(2) For the legislative declaration contained in the 2001 act enacting
subsection (1)(i), see section 1 of chapter 300, Session Laws of Colorado 2001. For the legislative declaration in SB 24-002, see section 1 of chapter 25, Session Laws of Colorado 2024.
PART 4
POLICE REGULATIONS
C.R.S. § 31-15-707
31-15-707. Municipal utilities. (1) The governing body of each municipality has the power:
(a) (I) To acquire waterworks, gasworks, and gas distribution systems for the
distribution of gas of any kind or electric light and power works and distribution systems, or heating and cooling works and distribution systems for the distribution of heat and cooling obtained from geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat, and all appurtenances necessary to any of said works or systems or to authorize the erection, ownership, operation, and maintenance of such works and systems by others. No such works or systems, except waterworks, shall be acquired or erected by a municipality until the question of acquiring or erecting the same is submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d) and in accordance with the requirements of law, including requirements of law relating to the acquisition and financing of public utilities by municipalities. The question of acquiring or erecting a waterworks need not be so submitted and approved at an election.
(II) All such works or systems authorized by any municipality to be erected
by others or the franchise of which is extended or renewed shall be authorized, extended, or renewed upon the express condition that such municipality has the right and power to purchase or condemn any such works or systems at their fair market value at the time of purchasing or condemning such works or systems, excluding all value of the franchise or right-of-way through the streets and also excluding any value by virtue of any contract for hydrant or private rental or otherwise entered into with the municipality in excess of the fair market value of the works or systems. If, after an election conducted in the manner prescribed in section 31-15-302 (1)(d), the municipality is authorized to acquire any of said works or systems after granting a franchise therefor to any person, the municipality shall purchase or condemn such works or systems within the municipal limits then utilized in serving the inhabitants of such municipality at their fair market value. Nothing in this subparagraph (II) shall require such municipality to purchase or condemn all or any part of such works or systems which is obsolete or which has outworn its usefulness.
(III) If the municipality elects to purchase such works or systems and if the
parties in interest cannot agree on the purchase price, they shall enter into a written agreement to arbitrate the matter and to abide by the award of the arbitrators, in which event each party shall choose an arbitrator to determine their fair market value. If the two arbitrators cannot agree on the fair market value, they shall choose a third disinterested arbitrator, and the award of any two arbitrators shall be final and binding upon the parties.
(IV) Nothing in this paragraph (a) shall authorize the condemnation or
purchase of any such works or systems within twenty years after the granting of any franchise therefor, except at periods of ten or fifteen years thereafter, without the consent of the owner of the franchise.
(b) To construct or authorize the construction of such waterworks without
their limits and, for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, trenches, pipes, and drains used in and necessary for the construction, maintenance, and operation of the same and over the stream or source from which the water is taken for five miles above the point from which it is taken and to enact all ordinances and regulations necessary to carry the power conferred in this paragraph (b) into effect;
(c) To make such grant to inure for a term of not more than twenty-five years
when the right to build and operate such water, gas, heating and cooling, or electric light works is granted to a person by said municipality and to authorize such person to charge and collect from each person supplied by them with water, gas, heat, cooling, or electric light such water, gas, heat, cooling, or electric light rent as may be agreed upon between the person building said works and said municipality; and to enter into a contract with the person constructing said works to supply said municipality with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and also with gas, heat, cooling, and electric light and to pay therefor such sums as may be agreed upon between said contracting parties;
(d) To assess from time to time, when constructing such water, gas, heating
and cooling, or electric light works and in such manner as it deems equitable, upon each tenement or other place supplied with water, gas, heat, cooling, or electric light, such water, gas, heat, cooling, or electric light rent as may be agreed upon by the governing body. Gas, heat, cooling, and electric light shall be charged for according to use. At the regular time for levying taxes in each year, said municipality is empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in said municipality. Such tax, with the water, gas, heat, cooling, or electric light rents hereby authorized, shall be sufficient to pay the expenses of running, repairing, and operating such works. If the right to build, maintain, and operate such works is granted to a person by a municipality and the municipality contracts with said person for the supplying of water, gas, heat, cooling, or electric light for any purpose, such municipality shall levy each year and cause to be collected a special tax, as provided for in this paragraph (d), sufficient to pay off such water, gas, heat, cooling, or electric light rents so agreed to be paid to said person constructing said works. The tax shall not exceed the sum of three mills on the dollar for any one year.
(e) To condemn and appropriate so much private property as is necessary for
the construction and operation of water, gas, heating and cooling, or electric light works in such manner as may be prescribed by law; and to condemn and appropriate any water, gas, heating and cooling, or electric light works not owned by such municipality in such manner as may be prescribed by law for the condemnation of real estate.
Source: L. 75: Entire title R&RE, p. 1115, � 1, effective July 1. L. 77: (1)(a)(I)
amended, p. 1462, � 1, effective May 16. L. 81: (1)(a)(I) and (1)(c) to (1)(e) amended, p. 1455, � 3, effective May 27.
Editor's note: This section is similar to former � 31-12-101 as it existed prior to
1975.
C.R.S. § 31-15-712
31-15-712. Public improvements by contract - cities. All work done by the city in the construction of works of public improvement of five thousand dollars or more shall be done by contract to the lowest responsible bidder on open bids after ample advertisement. It shall be unlawful for any person to divide a works of public improvement construction into two or more separate projects for the sole purpose of evading or attempting to evade the requirement that works of public improvement construction costing five thousand dollars or more be submitted to open bidding, unless the total cost of any such project would be less if divided into two or more projects than if submitted to open bidding as one project. If no bids are received or if, in the opinion of the city council, all bids received are too high, the city may enter into negotiations concerning the contract. No negotiated price shall exceed the lowest responsible bid previously received. The city is not required to advertise for and receive bids for such technical, professional, or incidental assistance as it may deem wise to employ in guarding the interest of the city against the neglect of contractors in the performance of such work.
Source: L. 75: Entire title R&RE, p. 1120, � 1, effective July 1. L. 79: Entire
section amended, p. 1186, � 1, effective May 18.
Editor's note: This section is similar to former � 31-15-103 as it existed prior
to 1975.
C.R.S. § 31-15-801
31-15-801. Agreements - ordinance - financing. In order to provide necessary land, buildings, equipment, and other property for governmental or proprietary purposes or for financing of forest health projects, as defined in section 37-95-103 (4.9), any municipality is authorized to enter into long-term rental or leasehold agreements, but in no event shall this be construed as authorizing the use by any municipality of leasehold agreements to finance residential housing. Such agreements may include an option to purchase and acquire title to such leased or rented property within a period not exceeding the useful life of such property and in no case exceeding thirty years. Each such agreement and the terms thereof shall be concluded by an ordinance duly enacted by the municipality. No such ordinance shall take effect before thirty days after its passage and publication. The governing body of any municipality is authorized to provide for the payment of said rentals from a general levy imposed upon both personal and real property included within the boundaries of the municipality; by imposing rates, tolls, and service charges for the use of such property or any part thereof by others; from any other available municipal income; or from any one or more of the said sources. The obligation to pay such rentals shall not constitute an indebtedness of said municipality within the meaning of the constitutional limitations on contracting of indebtedness by municipalities.
Source: L. 75: Entire title R&RE, p. 1122, � 1, effective July 1. L. 2021: Entire
section amended, (HB 21-1008), ch. 159, p. 906, � 4, effective May 20.
Editor's note: This section is similar to former � 31-12-501 as it existed prior
to 1975.
C.R.S. § 31-23-316
31-23-316. Electric motor vehicle charging systems - municipal permitting procedures - permit application - approval process - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Administrative review process means a process:
(I) In which an EV charger permit is approved, approved with conditions, or
denied by administrative staff of a municipal permitting agency based solely on the application's compliance with objective standards set forth in municipal zoning laws or other municipal laws; and
(II) That does not require a public hearing, a recommendation, or a decision
by an elected or appointed public body or hearing officer except as provided in subsection (4)(d) of this section.
(b) Colorado energy office means the Colorado energy office created in
section 24-38.5-101.
(c) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(d) Electric motor vehicle charging system or charging system has the
meaning set forth in section 38-12-601 (6)(a).
(e) EV charger permit means the final approval of an application for
installation of an electric motor vehicle charging system that a municipality may require to authorize an applicant to commence construction of the charging system and a permit application for an electrical permit established under article 115 of title 12 and issued by the state electrical board.
(f) (I) Municipal permitting agency means the entity or entities for a
municipality that are responsible for issuing an EV charger permit for the construction of an electric motor vehicle charging system.
(II) Municipal permitting agency may include:
(A) A municipal building department or agency;
(B) A municipal planning department or agency; or
(C) A municipal public works or road and bridge department or agency.
(g) Objective standard means a standard that:
(I) Is uniformly verifiable and ascertainable by reference to an available
external or uniform benchmark or criterion by the applicant and municipal permitting agency staff prior to the applicant's filing of an EV charger permit application; and
(II) Does not require municipal permitting agency staff to make a subjective
determination concerning an EV charger permit application.
(2) (a) On or before December 31, 2025, the governing body of a municipality
with a population of ten thousand or more according to the 2020 federal census shall do one of the following:
(I) Adopt an ordinance or resolution to incorporate the same standards and
permitting process or less restrictive standards and permitting process as the standards and permitting process described in the EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3) of this section;
(II) (A) Adopt an ordinance or resolution that establishes objective standards
and an administrative review process to be used by the municipal permitting agency during the municipality's review of applications for EV charger permits in accordance with subsections (4) and (5) of this section.
(B) An ordinance or resolution adopted by the municipality pursuant to this
subsection (2)(a)(II) shall be developed in consultation with the local fire department or fire district, any electric utilities serving the municipality, and other relevant stakeholders, as determined by the municipality.
(III) Adopt an ordinance or resolution that establishes that the municipality
does not intend to adopt an ordinance or resolution in accordance with subsection (2)(a)(I) or (2)(a)(II) of this section and that the municipal permitting agency will continue to utilize the municipality's existing permitting review process for EV charger permit applications.
(b) On or before March 1, 2026, a municipality that is subject to the
requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office describing the municipality's compliance with subsection (2)(a) of this section.
(c) On or before January 31, 2027, a municipality subject to the requirements
of subsection (2)(a) of this section shall submit a report to the Colorado energy office regarding each application for an EV charger permit that was received by the municipal permitting agency between December 31, 2025, and December 1, 2026. The report must include:
(I) The final determination made by the municipal permitting agency for each
EV charger permit application; and
(II) For each EV charger permit application submitted to the municipal
permitting agency, the duration between the date that the EV charger permit application was deemed complete by the municipal permitting agency and the date that the municipal permitting agency made a final determination on the EV charger permit application.
(d) If the governing body of a municipality adopts the EV charger permitting
model code pursuant to subsection (2)(a)(I) of this section or adopts an ordinance or resolution in accordance with subsection (2)(a)(III) of this section, the requirements of subsections (4) and (5) of this section do not apply to the municipality.
(3) (a) On or before March 31, 2025, the Colorado energy office shall publish
an EV charger permitting model code that contains guidelines for the adoption of EV charger permit standards and permitting processes for municipalities.
(b) The EV charger permitting model code developed by the Colorado energy
office pursuant to subsection (3)(a) of this section must be developed in consultation with municipalities, representatives from disproportionately impacted communities, public electric utilities, and other relevant stakeholders, as determined by the Colorado energy office.
(c) The EV charger permitting model code developed by the Colorado energy
office in accordance with this subsection (3) shall only apply to a municipality's land use and zoning permitting processes and shall not contravene:
(I) State electrical permitting requirements or procedures;
(II) Municipal electrical permitting requirements or procedures;
(III) State electrical inspection requirements;
(IV) Municipal electrical inspection requirements; or
(V) National electric code requirements or regulations related to electric
motor vehicle charging systems.
(d) The EV charger permitting model code developed by the Colorado energy
office in accordance with this subsection (3) shall not contain required timelines that a municipal permitting agency must comply with for the review, approval, or denial of EV charger permit applications.
(4) (a) A municipal permitting agency shall approve, conditionally approve, or
deny an application for an EV charger permit using the municipality's administrative review process to determine if the proposed electric motor vehicle charging system is in compliance with the municipality's objective standards.
(b) A municipal permitting agency shall not deny or place conditions on an
EV charger permit application unless the denial or conditions are for the purpose of reasonably protecting public health or safety.
(c) If a municipal permitting agency denies an application for an EV charger
permit, the municipal permitting agency shall make written findings that the proposed electric motor vehicle charging system would violate the municipality's objective standards or would not be reasonably protective of public health or safety and provide those written findings to the applicant within three business days after the date the municipal permitting agency denies the application.
(d) An applicant for an EV charger permit that is denied a permit or has
conditions placed on the approval of an EV charger permit by a municipal permitting agency may appeal the municipal permitting agency's decision to the governing body of the municipality.
(e) The requirements of this subsection (4) do not apply to municipalities that
adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.
(5) (a) The municipal permitting agency must make available to prospective
applicants for EV charger permits a checklist of all requirements that must be included in an application for an EV charger permit.
(b) A municipal permitting agency shall review an application for an EV
charger permit to confirm that the application sufficiently meets the requirements of the checklist described in subsection (5)(a) of this section.
(c) A municipal permitting agency shall consider an application for an EV
charger permit that satisfies the requirements of the checklist described in subsection (5)(a) of this section a complete application.
(d) If an applicant for an EV charger permit submits an application that does
not meet all the requirements of the checklist described in subsection (5)(a) of this section, the municipal permitting agency shall, within three business days after the date the municipal permitting agency determines the application is not sufficient, send a written notice to the applicant that details all of the deficiencies with the application and any additional information required for the application to be considered complete.
(e) The requirements of this subsection (5) do not apply to municipalities that
adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.
(6) (a) The Colorado energy office shall provide technical assistance to
municipalities to assist a municipality in complying with the requirements of this section, including providing:
(I) Support for the development and adoption of municipal codes; and
(II) Materials and support for training municipal permitting agency staff with
interpreting and applying EV charger permit standards and processes.
(b) The Colorado energy office shall use money in the electric vehicle grant
fund, created in section 24-38.5-103, to provide technical assistance to municipalities in accordance with this subsection (6).
(c) The Colorado energy office shall prioritize providing technical assistance
to counties that have a significant number of disproportionately impacted communities.
(7) Regardless of the ordinance or resolution adopted by the governing body
of a municipality in accordance with subsection (2)(a) of this section, a municipal permitting agency shall, within three business days after the date the municipal permitting agency makes the determination to approve, conditionally approve, or deny an application, send notice to an applicant for an EV charger permit that states the municipal permitting agency's determination on the applicant's EV charger permit application.
Source: L. 2024: Entire section added, (HB 24-1173), ch. 215, p. 1316, � 3,
effective August 7.
Cross references: For the legislative declaration in HB 24-1173, see section 1
of chapter 215, Session Laws of Colorado 2024.
ARTICLE 25
Public Improvements
Cross references: For public improvements, see also article 20 of title 30; for
Colorado labor on public works, see article 17 of title 8; for public works contractor's bond, see article 26 of title 38; for the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see � 20 of article X of the state constitution.
Law reviews: For article, Choice of Entity: Using Limited Purpose Local
Governments to Solve Problems, see 38 Colo. Law. 59 (Oct. 2009).
PART 1
URBAN RENEWAL
Cross references: For slum clearance and municipal housing authorities, see
part 7 of article 32 of title 24, articles 55 and 56 of title 24, and article 4 of title 29.
Law reviews: For article, A Brief Overview of Recent Changes in Colorado's
Urban Renewal Law, see 33 Colo. Law. 99 (Sept. 2004).
C.R.S. § 31-25-1209
31-25-1209. Board of directors - duties. (1) (a) Except as otherwise provided in this subsection (1), the governing body of the municipality which creates the district shall constitute ex officio the board of directors of the district. In such event, the presiding officer of the governing body shall be ex officio the presiding officer of the board, the clerk of the governing body shall be ex officio the secretary of the board, and the treasurer of the municipality shall be ex officio the treasurer of the board. A quorum of the governing body shall constitute a quorum of the board.
(b) The governing body of the municipality may, at any time, provide by
ordinance for the creation of a board of directors of the district consisting of not fewer than five members. Each member shall be an elector of the district appointed by the governing body or, if designated by the governing body, by the mayor of the municipality; except that, if possible, no more than one-half of the members of the board may be affiliated with one owner or lessee of taxable real or personal property in the district. Each member shall serve at the pleasure of the municipality. Within thirty days after a vacancy occurs, a successor shall be appointed in the same manner as the original appointment. Within thirty days after his appointment, except for good cause shown, each member shall appear before an officer authorized to administer oaths and take an oath that he will faithfully perform the duties of his office as required by law and will support the constitution of the United States, the state constitution, and laws made pursuant thereto. A majority of the members shall constitute a quorum of the board. The board shall elect one of its members as presiding officer, one of its members as secretary, and one of its members as treasurer. The office of both secretary and treasurer may be filled by one person.
(c) If more than one-half of the property located within the district is also
located within an urban renewal area, a downtown development authority, or a general improvement district, the governing body of the municipality may, at any time, provide by ordinance that the governing body of the urban renewal authority, downtown development authority, or general improvement district created by the municipality shall constitute ex officio the board of directors of the district. In such event, the officers of such entity shall be ex officio the officers of the board. A quorum of the board of directors of such entity shall constitute a quorum of the board.
(d) If the petition initiating the organization of the district or any subsequent
petition signed by persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide by ordinance, of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least fifty percent, or such greater amount as the governing body may provide by ordinance, of the acreage in the proposed district so specifies, the members of the board of the district shall be elected by the electors of the district. If such a petition is approved, the terms of members of the board must be specified by ordinance of the governing body and shall be the same as the terms of directors of special districts pursuant to article 1 of title 32, C.R.S. The initial election for members of the board must be held within ninety days after approval of the ordinance organizing the district or the filing of any subsequent petition. All subsequent elections for members of the board must be on the regular election date specified in article 1 of title 32, C.R.S., for special districts. The number of directors, the quorum requirements, and the oaths of office shall be the same as those provided for directors of special districts pursuant to article 1 of title 32, C.R.S. Any vacancy on the board must be filled in the same manner as provided in paragraph (b) of this subsection (1). Until the members of the board are elected and qualified, the governing body shall serve as the board of the district. Elections pursuant to this paragraph (d) must be held in accordance with the provisions of part 8 of article 1 of title 32, C.R.S. The cost of any election held pursuant to this paragraph (d) must be borne by the district.
(e) The governing body of the municipality may remove a member of the
board of a district or the entire board thereof for inefficiency or neglect of duty or misconduct in office, but only after the member or the board has been given a copy of the charges made by the governing body against such member or such board and has had an opportunity to be heard in person or by counsel before the governing body. In the event of the removal of any member of the board or of the board pursuant to this paragraph (e), the governing body shall file in the office of the clerk thereof a record of the proceedings, together with the charges made against the member or the board and the findings thereon.
(f) Ten percent of the electors of a district may petition the governing body
of the municipality for the removal of a member of the board of the district or of the entire board thereof for inefficiency or neglect of duty or misconduct in office, and the governing body may remove the member or the board, but only after the member or the board has been given a copy of the charges made against such member or such board and has had an opportunity to be heard in person or by counsel before the governing body. In the event of the removal of the member or of the board pursuant to this paragraph (f), the governing body shall file in the office of the clerk thereof a record of the proceedings, together with the charges made against the member or the board and the findings thereon.
(2) The board shall adopt a seal. The secretary shall keep in a visual text
format that may be transmitted electronically a record of all proceedings, minutes of meetings, certificates, contracts, and corporate acts of the board, which shall be open to inspection by the electors of the district and other interested parties. The treasurer shall keep permanent records containing accurate accounts of all money received by and disbursed for and on behalf of the district and shall make such annual or other reports to the municipality as it may require. All budgets and financial records of the district, whether governed by a separate board or by the governing body of the municipality, shall be kept in compliance with parts 1 and 5 of article 1 of title 29, C.R.S.
(3) Each member of the board of a district or the governing body of the
municipality or other entity acting ex officio as the board of a district is required to disclose any potential conflicting interest in any transaction of the district pursuant to section 18-8-308, C.R.S. A board member with a potential conflicting interest in a district transaction may not participate in the considerations of and vote on the transaction, may not attempt to influence any of the contracting parties, and may not act directly or indirectly for the board in the inspection, operation, administration, or performance of any contract related to the transaction. Ownership, in and of itself, by a board member of property within the district shall not be considered a potential conflicting interest.
(4) When the governing body of the municipality establishes a board of
directors pursuant to paragraph (b), (c), or (d) of subsection (1) of this section, it may set such conditions, limitations, procedures, duties, and powers under which the board shall conduct its business. Such conditions and limitations may be in the form of a binding contract on both the governing body of the municipality and the board and may include provisions requiring the dissolution of the board after a specified length of time, at which time the governing body of the municipality shall assume all powers and duties of the district, including the payment of any outstanding indebtedness.
Source: L. 88: Entire part added, p. 1132, � 1, effective May 6. L. 91: (1)(b)
amended, p. 760, � 4, effective May 20. L. 2009: (2) amended, (HB 09-1118), ch. 130, p. 562, � 8, effective August 5. L. 2014: (1)(d) amended, (HB 14-1164), ch. 2, p. 69, � 28, effective February 18.
Editor's note: Section 9 of chapter 128, Session Laws of Colorado 1991,
provides that section 4 of the act amending subsection (1)(b) does not apply to any business improvement district formed prior to May 20, 1991, pursuant to part 12 of article 25 of title 31, unless the board of directors of such district adopts a resolution directing that said section 4 applies to such district.
Cross references: For the legislative declaration in HB 14-1164, see section 1
of chapter 2, Session Laws of Colorado 2014.
C.R.S. § 31-25-1302
31-25-1302. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is the policy of the state of Colorado to encourage public contracting
procedures that encourage competition, openness, and impartiality to the maximum extent possible.
(b) Competition exists not only in the costs of goods and services, but in the
technical competence of the providers and suppliers in their ability to make timely completion and delivery and in the quality and performance of their products and services.
(c) Timely and effective completion of public projects can be achieved
through a variety of methods when procuring goods and services for public projects.
(d) In enacting this part 13, the general assembly intends to establish for
municipalities and agencies of municipalities an optional alternative public project delivery method.
Source: L. 2007: Entire part added, p. 1814, � 3, effective August 3.
C.R.S. § 31-25-1303
31-25-1303. Definitions. As used in this part 13, unless the context otherwise requires:
(1) Agency means any home rule or statutory city, town, territorial charter
city, city and county, or any other political subdivision that a municipality may create pursuant to state law that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 13.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewer services and facilities, and lands, buildings, improvements, equipment, and facilities for public education, to the extent the boundaries of the agency and the school district are coterminous.
Source: L. 2007: Entire part added, p. 1815, � 3, effective August 3.
C.R.S. § 31-25-1304
31-25-1304. Integrated project delivery contracts - authorization - effect of other laws. (1) Notwithstanding any other provision of law, any agency may award an IPD contract for a public project under the provisions of this part 13 upon the determination by such agency that integrated project delivery represents a timely or cost-effective alternative for a public project.
(2) Nothing in this part 13 shall be construed as exempting any agency or
participating entity from applicable federal, state, or local laws, regulations, or ordinances governing labor relations, professional licensing, public contracting, or other related laws, except to the extent that an exemption is created under such legal authority or is granted by necessary implication from such legal authority.
Source: L. 2007: Entire part added, p. 1816, � 3, effective August 3.
C.R.S. § 31-25-1305
31-25-1305. Integrated project delivery contracting process - prequalification of participating entities - apprentice training. (1) An agency may prequalify participating entities for an IPD contract by public notice of its request for qualifications prior to the date set forth in the notice. A request for qualifications may contain the following elements and such additional information as may be requested by the agency:
(a) A general description of the proposed public project;
(b) Relevant budget considerations;
(c) Requirements of the participating entity, including:
(I) If the participating entity is a partnership, limited partnership, limited
liability company, joint venture, or other association, a listing of all of the partners, general partners, members, joint venturers, or association members known at the time of submission of qualifications;
(II) Evidence that the participating entity, or the constituent entities or
members thereof, has completed or has demonstrated the experience, competency, capability, and capacity, financial and otherwise, to complete projects of similar size, scope, or complexity;
(III) Evidence that the proposed personnel of the participating entity have
sufficient experience and training to completely manage and complete the proposed public project; and
(IV) Evidence of all applicable licenses, registrations, and credentials
required to provide the proposed services for the public project, including but not limited to information on any revocation or suspension of any such license, registration, or credential.
(d) The criteria for prequalification.
(2) From the participating entities responding to the request for
qualifications, the agency shall prepare and announce a short list of participating entities that it determines to be most qualified to receive a request for proposal.
(3) Where an apprentice program as defined in section 8-15.7-101 (4) or
certified by the office of apprenticeship in the employment and training administration in the United States department of labor exists in a county in which all or any portion of the municipality is located, or a comparable program for the training of apprentices is available in such county:
(a) Each participating entity shall demonstrate to the agency that it has
access to either the certified program or a comparable alternative; and
(b) Each participating entity shall demonstrate that each of its
subcontractors, at any tier, selected to perform work under a contract with a value of two hundred fifty thousand dollars or more has access to either the certified program or a comparable alternative.
Source: L. 2007: Entire part added, p. 1816, � 3, effective August 3. L. 2021:
IP(3) amended, (HB 21-1007), ch. 309, p. 1893, � 14, effective July 1.
C.R.S. § 31-25-503
31-25-503. What improvements may be made - conditions. (1) A district may be created within the boundaries of a municipality and may also include any property in the unincorporated area of the county within which the municipality is situated if such county consents by resolution to such district and the construction or acquisition of improvements therein. In addition, such district may also include any property in another municipality within such county if such municipality consents by ordinance to such district and the construction or acquisition of the improvements therein. If a district includes property within a county by county consent or within another municipality by municipal consent, the municipality shall have full authority to construct or acquire improvements, to assess property within the county or such municipality benefited by such improvements, and to enforce and collect such assessments in the manner provided in this part 5; but:
(a) No improvement, except as provided in paragraph (d) of this subsection
(1) and except for sidewalks, water mains, sewers, and sewage disposal works and their appurtenances, shall be ordered under this part 5 unless a petition for the same is first presented. The petition shall be subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed. Except as specified in this section, nothing in this part 5 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed in each assessment unit shall petition as specified in this part 5.
(b) If the owners of property to be assessed for more than one-half of the
entire costs estimated by the governing body to be assessed petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement shall be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section;
(c) If the material petitioned for by the owners of property to be assessed for
more than one-half of the entire costs estimated by the governing body to be assessed does not encourage competition, the petitioners shall have the right to state in the petition the maximum price per square yard or linear foot or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest;
(d) Any improvement may be initiated directly by the governing body by
resolution declaring its intention to construct the improvements. If initiated by such resolution, the governing body shall make a preliminary order as required by subsection (3) of this section in the same manner as if the improvements had been requested by petition. Such preliminary order may be included in the resolution of intention to construct the improvements. However, if written protests are submitted prior to the hearing referred to in subsection (4) of this section subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed, the governing body shall not proceed with such special improvement district, based on the preliminary order so protested. Such protests shall not prevent the governing body from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest, as provided in this part 5.
(2) The governing body shall encourage competition by advertising for and
receiving bids for such construction and, insofar as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.
(3) Before contracting for or ordering any work to be constructed, a
preliminary order shall be made by the governing body, adopting preliminary plans and specifications for the same, definitely describing the materials to be used or stating that one of several specified materials shall be chosen, determining the number of installments and the time in which the cost of the improvement shall be payable, and the property to be assessed for the same, as provided in this part 5, and requiring an estimate of the cost to be made by the municipal engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made and a schedule showing the approximate amounts to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the governing body but shall not be binding.
(4) The clerk shall give notice of the hearing on the construction of the
improvements by publication in one issue of a newspaper of general circulation in the municipality, the publication to be at least twenty days prior to the date of the hearing. In addition, notice shall be mailed by first-class mail to each property owner to be assessed for the cost of the improvements who is included within the district. The mailed notice shall be made on or about the date of the publication of the notice of hearing. The notice shall set forth the following information:
(a) The kind of improvements proposed;
(b) The number of installments;
(c) The time in which the cost shall be payable;
(d) Repealed.
(e) The extent of the district to be improved;
(f) The probable cost per front foot or other unit basis which, in the judgment
of the governing body, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;
(g) The time, not less than twenty days after the publication, when an
ordinance authorizing the improvements will be considered;
(h) That said map and estimate and schedule showing the approximate
amounts to be assessed and all resolutions and proceedings are on file and can be seen and examined by any interested person at the office of the clerk, or other designated place, at any time within said period of twenty days; and
(i) That all complaints and objections made in writing concerning the
proposed improvement by the owners of any property to be assessed will be heard and determined by the governing body before final action is taken.
(4.5) If the petition for an improvement is signed by one hundred percent of
the owners of property to be assessed and contains a request for such waiver, the governing body may, at its discretion, waive all or any of the requirements for notice, publication, and a hearing set forth in subsection (4) of this section.
(5) The finding by ordinance or resolution of the governing body that said
improvements were duly ordered after notice duly given and after hearing duly held when such notice and hearing are required pursuant to this section, that such petition was presented, and that the petition was subscribed by all or the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.
(6) Any resolution or order in the premises may be modified, confirmed, or
rescinded at any time prior to the passage of the ordinance authorizing the improvements.
(7) The specifications for paving may include sidewalks, curbs, gutters, and
grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the governing body, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years, and the contract may be entered into in accordance with such specifications.
(8) If, before any such improvements are made, any piece of real estate or
any railway company to be assessed already has an improvement conforming to the general plan or satisfactory to the governing body, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price.
(9) (a) Any other provision of this part 5 to the contrary notwithstanding, the
governing body may create a district for the purpose of acquiring existing improvements of a character authorized by this part 5, in which case, the provisions of this part 5 concerning construction of improvements by the municipality, competitive bidding, and preliminary plans and specifications shall not apply.
(b) Any other provision of this part 5 notwithstanding, the governing body
may create an improvement district for the purpose of encouraging, accommodating, and financing renewable energy improvements and energy efficiency improvements of a character authorized by section 31-25-502 (2). Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the ordinance of the governing body forming the district. The inclusion of such property within the district subsequent to the adoption of the ordinance of the governing body forming the district may be made by the adoption of a supplemental or amending ordinance or resolution of the governing body. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, the provisions of subsections (2) and (3) of this section concerning preliminary orders, competitive bidding, and preliminary plans and specifications, of section 31-25-516 concerning contracts for construction, and of section 31-25-518 concerning contract provisions shall not apply.
(c) The contract or agreement shall note the existence of any first priority
mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 31-25-530 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the governing body shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district.
(10) The governing body is authorized to enter into contracts and agreements
with any owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.
(11) At or about the time of publication by the governing body of any
ordinance creating a district, a copy of such ordinance shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The governing body shall make a good faith attempt to comply with this subsection (11), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 5.
Source: L. 75: Entire title R&RE, p. 1190, � 1, effective July 1; (1)(a) and IP(4)
amended and (1)(d) added, pp. 1279, 1280, �� 1, 2, effective May 22. L. 81: IP(1) amended, p. 1456, � 4, effective May 27. L. 84: (4.5) added and (5) amended, p. 839, � 1, effective March 29. L. 86: (1), (3), IP(4), (4)(f), (4)(g), and (4)(i) amended, (4)(d) repealed, and (9) to (11) added, pp. 1044, 1062, �� 1, 39, effective July 1. L. 90: IP(1) amended, p. 1472, � 6, effective July 1; (11) R&RE, p. 1473, � 7, effective October 1. L. 2002: IP(1) amended, p. 273, � 14, effective August 7. L. 2008: (9) amended, p. 1302, � 24, effective May 27. L. 2010: (9)(c) added, (SB 10-100), ch. 207, p. 904, � 8, effective May 5.
Editor's note: This section is similar to former � 31-25-503 as it existed prior
to 1975.
C.R.S. § 31-25-518
31-25-518. Provisions to be inserted. Every contract shall provide that it is subject to the provisions of the laws under which the municipality exists and of the ordinance authorizing the improvement; that the aggregate payment thereon shall not exceed the amount appropriated; that, upon ten days' written notice by the mayor to the contractor, the work under such contract, without cost or claim against the municipality, may be suspended for substantial cause; and that, upon complaint by any owner of land to be assessed for the improvement that the improvement is not being constructed in accordance with the contract, the governing body may consider the complaint and make such order in the premises as shall be just. Such order shall be final.
Source: L. 75: Entire title R&RE, p. 1195, � 1, effective July 1. L. 86: Entire
section amended, p. 1048, � 6, effective July 1.
Editor's note: (1) This section is similar to former � 31-25-535 as it existed
prior to 1975.
(2) This section was originally numbered as � 31-25-517 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.
C.R.S. § 31-25-541
31-25-541. Interim warrants. The governing body, from time to time as work proceeds in a local improvement district, may authorize the issuance of interim warrants: For not to exceed ninety percent in value of the work theretofore done upon estimates of the engineer of the municipality; after completion of the work and acceptance thereof by the engineer of the municipality and by the governing body, for one hundred percent of the value of the work so completed; and, where improvements in the district require the acquisition of property, for an amount not exceeding the value of the property. The warrants may be issued to a contractor to apply at par value on the contract price for the improvements or to the owner of the property to apply at par value on the property price. The warrants may also be issued and sold at not less than par value in such manner as the governing body may determine, and the proceeds may be used to apply towards payment of the contract price and property price. Interim warrants shall bear interest from date of issue until paid at such rate as may be fixed by the governing body. Interest accruing on interim warrants shall be included as a cost of the improvements in the local improvement district. Interim warrants and interest thereon shall be paid by the issuance of or by proceeds from the sale of special improvement bonds issued or in cash received from the payment of assessments not pledged to the payment of the bonds or from any of such sources.
Source: L. 77: Entire section added, p. 1470, � 3, effective June 4.
C.R.S. § 31-30-1303
31-30-1303. Group health insurance plan. (1) The governing body of an emergency service provider may enter into insurance contracts with carriers to provide group health insurance plans for its bona fide volunteers. The cost of the plans, sources of funding, amount of contributions required from bona fide volunteers, coverage parameters, and eligibility requirements shall be negotiated by the governing body and the carrier. Nothing in this section shall be construed to preclude a governing body from participating in an insurance pool or from allowing its bona fide volunteers to participate in the group health insurance plan offered to the paid employees of the governing body.
(2) The administration and management of a group health insurance plan
shall be the exclusive responsibility of the carriers of the plan.
(3) This section shall apply only to bona fide volunteers deemed to be active
and in good standing by the emergency service provider.
Source: L. 2008: Entire part added, p. 580, � 3, effective August 5.
ARTICLE 30.5
Fire - Police - Old Hire Pension Plans
Editor's note: This article was added with relocations in 1996 containing
provisions of some sections formerly located in parts 3 to 10 of article 30 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
PART 1
GENERAL PROVISIONS
31-30.5-101. Legislative declaration. (1) The general assembly finds and
determines that police officers, in saving and protecting the lives and property of the citizens and residents of the state of Colorado, are performing state duties and are rendering services of special benefit to this state and that it is the province, right, and obligation of the state of Colorado to care for members of the police force who are entitled to retirement because of length of service or old age or because they have been injured or disabled in service and also to care for the spouses, dependent parents, and dependent children of such police officers.
(2) The general assembly further finds and determines that the
establishment of firefighters' pension plans in this state is a matter of statewide concern that affects the public safety and general welfare.
Source: L. 96: Entire article added with relocations, p. 856, � 1, effective May
23.
Editor's note: This section was formerly numbered as � 31-30-301.
31-30.5-102. Definitions. As used in this article 30.5, unless the context
otherwise requires:
(1) Affiliated board means any board affiliated, as specified in section 31-31-701, with the fire and police pension association created in section 31-31-201.
(1.5) Board means the board of trustees established as the governing body
of the firefighters' or police officers' old hire pension fund as provided in sections 31-30.5-202 and 31-30.5-203.
(2) Employer means any municipality in this state offering police or fire
protection service employing one or more members and any special district or county improvement district in this state offering fire protection service employing one or more members.
(3) Fund means the applicable firefighters or police officers' pension fund
created in section 31-30.5-201.
(4) Member means an active employee who is a full-time salaried
employee of a municipality, fire protection district, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the employee's employer. The term does not include clerical or other personnel whose services are auxiliary to police or fire protection.
(5) Old hire member means a member meeting the requirements of section
31-30.5-103 (1) who is not otherwise excluded from an old hire pension plan coverage under section 31-30.5-103 (2).
Source: L. 96: Entire article added with relocations, p. 857, � 1, effective May
-
L. 2009: (1) amended and (1.5) added, (HB 09-1030), ch. 16, p. 89, � 2, effective August 5. L. 2025: IP amended and (5) added with relocations, (SB 25-275), ch. 377, p. 2091, � 271, effective August 6.
Editor's note: Subsection (5) is similar to former � 31-30.5-103 (3) as it existed prior to 2025.
31-30.5-103. Applicability. (1) (a) Except as provided in subsection (2) of this section, every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or before April 7, 1978.
(b) In addition to paragraph (a) of this subsection (1), every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or after April 8, 1978, but before January 1, 1980, if:
(I) The member has prior service as a firefighter or police officer in the state of Colorado;
(II) The current employer approved coverage under its old hire pension plan or any other local plan;
(III) The member contributed to the old hire pension fund of the current employer the amount of money that the member would have paid if all the member's prior service had been as an employee of the current employer, such makeup contribution to have been paid over a three-year period; and
(IV) The member requested such coverage, in writing, on or before December 31, 1981.
(2) The following members, otherwise eligible to participate in an old hire pension plan pursuant to subsection (1) of this section shall be exempt from participation:
(a) Members covered under an exempt pension plan established by part 8 of this article;
(b) Members who, pursuant to the affiliation of their old hire pension plan with the fire and police pension association as provided by section 31-31-701, elect to become covered under the provisions of the defined benefit component of the statewide retirement plan, established by article 31.5 of this title; and
(c) Members covered under the federal Social Security Act, unless their employer also provides supplemental retirement benefits under an old hire pension plan.
(3) Repealed.
Source: L. 96: Entire article added with relocations, p. 857, � 1, effective May 23. L. 2014: (2)(b) amended, (SB 14-031), ch. 52, p. 247, � 8, effective March 20. L. 2024: (2)(b) amended, (HB 24-1042), ch. 15, p. 36, � 2, effective March 6. L. 2025: (3) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: (1) This section was formerly numbered as � 31-30-1003.
(2) Subsection (3) was relocated to � 31-30.5-102 in 2025.
PART 2
ADMINISTRATION
31-30.5-201. Funds created. (1) There is created and established in each
employer having fire department old hire members, a pension fund to be known as the firefighters' old hire pension fund.
(2) There is created and established in each employer having police
department old hire members, a pension fund to be known as the police officers' old hire pension fund.
Source: L. 96: Entire article added with relocations, p. 858, � 1, effective May
23.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-501 and 31-30-601.
31-30.5-202. Board of trustees - firefighters' old hire pension fund. (1) The
general supervision, management, and control of the firefighters' old hire pension fund shall be vested in a board of trustees.
(2) In any municipality having a population of less than one hundred
thousand, the board shall consist, except as provided in subsection (6) of this section, of the mayor, the municipal treasurer or finance officer, one other person appointed by the governing body of such municipality, and three active or retired old hire members of the fire department serving the municipality who shall be elected by the active and retired old hire members of the fire department. The terms of office on the board shall be: The mayor of the municipality, during tenure in office; the treasurer or finance officer, during tenure in office; the appointed citizen, to be designated by the governing body of the municipality at time of appointment; the three active or retired old hire members of the fire department, to be elected for terms of three years, but at the initial election to be conducted to elect old hire members of the fire department, one old hire member shall be elected for a three-year term, one old hire member for a two-year term, and one old hire member for a one-year term. Thereafter, such old hire members shall be elected for three-year terms. Said board shall elect from its number a president and secretary. The municipal treasurer or finance officer shall be ex officio treasurer of the board.
(3) (a) In any municipality having a population of at least one hundred
thousand, the board shall be composed of the mayor, the manager of safety, the manager of revenue, the chief of the fire department, and the city auditor or such persons performing the duties of the above-named officers, and also two active or retired old hire members of the fire department to be selected as provided in paragraph (b) of this subsection (3).
(b) During the month of July in each year, the chief officer of the fire
department shall conduct an election by secret ballot, at which election all active and retired old hire members of the fire department shall be eligible to vote, for the purpose of determining membership on the board. In the first election so held, two old hire members shall be elected, the member receiving the highest number of votes being elected for a term of two years and the member receiving the next highest number of votes being elected for a term of one year. Upon election, such members shall be certified as members of the board and shall take office on the August 1 following their election. In subsequent elections, only one old hire member shall be elected for a term of two years, and the member receiving the highest number of votes in each subsequent election shall be certified as a member of the board and shall take office on the August 1 following the member's election. In case any old hire member so elected to the board becomes unable or ineligible to serve on the board by reason of death, disability, or for any other cause, a special board election shall be held to fill the vacancy so created for the remainder of the unexpired term.
(c) The board shall select from their number a president and a secretary, and
the manager of revenue, or the person performing the duties thereof, shall be ex officio treasurer of said board and custodian of all funds coming into its hands.
(4) In fire protection districts, except as provided in subsection (6) of this
section, the board shall consist of the board of directors of the fire protection district, the treasurer of the board of the fire protection district to be treasurer of the fund, and two active or retired old hire members of the fire department. The trustees shall serve terms of office on the board as follows: The president for the term of office, the treasurer for tenure in office, and two active or retired old hire members for two-year terms of office. Initial election of the old hire members of the fire department shall be conducted to elect one old hire member for two years and one old hire member for one year.
(5) In county improvement districts, the board shall consist of one member of
the governing board of the county in which the district is located, the county treasurer or finance officer, three residents of the county obligated to pay real or personal property taxes, and two active or retired old hire members of the fire department. The trustees shall serve terms of office on the board as follows: Members of the governing board, during their tenure in office; the county treasurer, during the treasurer's tenure in office; and the two active or retired old hire members of the fire department for two-year terms of office.
(6) Notwithstanding the provisions of subsections (2), (3), and (4) of this
section, any municipality or fire protection district, with the concurrence of a majority of the active and retired old hire members voting thereon, may by ordinance or resolution create the board to administer the fund if the number of employer representatives on such board equals the number of member representatives on such board; except that, if fewer than two old hire members are available or willing to serve on such board, the number of employer representatives may exceed the number of member representatives.
(7) In case of any consolidation or merger of any municipality, fire protection
district, or county improvement district with one or more municipalities, fire protection districts, or county improvement districts, the former trustees of the various firefighters' pension funds of such consolidated or merged political subdivisions shall, with due regard to equal representation, elect seven persons from their number to serve as trustees of the old hire firefighters' pension fund of said merged or consolidated fund, not more than three of whom shall be old hire members, and the former trustees not so elected to serve shall cease to hold office. The trustees of said consolidated fund shall elect from their number a president, secretary, and treasurer.
(8) The treasurer of the board, in addition to any custodian appointed by the
board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund and shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board or any member thereof or any other interested person. The treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of said fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.
Source: L. 96: Entire article added with relocation, p. 858, � 1, effective May
-
L. 2003: (2) and (3)(a) amended, p. 826, � 1, effective April 1. L. 2005: (2), (3)(b), (4), and (5) amended, p. 134, � 1, effective August 8.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-402 (1)(a), (1)(b), (2)(a), (2.5), and (3), 31-30-411, and 31-30-502.
31-30.5-203. Board of trustees - police officers' old hire pension fund. (1) The general supervision, management, and control of the police officers' old hire pension fund shall be vested in a board of trustees.
(2) In any municipality having a population of less than one hundred thousand, unless it is a home rule city or town that provides for the composition of the board by charter or ordinance, the board shall consist of the mayor, the municipal treasurer, the clerk, and one active old hire member of the police department who shall be elected by the active old hire members of the department; except that, if there are no active old hire members available or willing to serve on such board, such board shall consist of the mayor, the municipal treasurer, and the clerk. Said board shall select from their number a president and a secretary. The municipal treasurer shall be ex officio treasurer of said board and custodian of all funds coming into the treasurer's hands.
(3) In any municipality having a population of at least one hundred thousand, the board shall consist of such persons or officials as may be designated by the charter and ordinances thereof.
(4) The treasurer of the board, in addition to any custodian appointed by the board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund, shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board, any member thereof, or any other interested person. Said treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of the fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.
Source: L. 96: Entire article added with relocations, p. 861, � 1, effective May 23.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-304, 31-30-305 (1), and 31-30-612.
31-30.5-204. Powers and duties of the board. (1) The board shall:
(a) Promulgate all necessary rules, not inconsistent with the provisions of this article, for managing and discharging its duties and for its own government and procedure in so doing and for the preservation and protection of the fund.
(b) Hear and decide all applications for relief, pensions, annuities, retirement, or other benefits under the provisions of this article. Action on such applications shall be final and conclusive; except that, when, in the opinion of the board, justice demands that said action should be reconsidered, the same may be reversed by said board.
(c) Keep and preserve a record of actions taken by the board and of all other matters properly before said board.
(d) Make an annual report to the governing body of the employer of the condition of the fund in August of each year.
(2) The board has power to compel witnesses to attend and testify before it upon all matters connected with the provisions of this article in the same manner as is or may be provided by law. The president of said board or any member thereof may administer oaths to such witnesses.
(3) The board has the power to draw on the fund for the payment of expenses attributable to the administration of the fund, the payment of benefits, and for the purpose of investing all or any part of the fund as permitted by part 5 of this article.
(4) The board may designate one or more financial institutions as custodian of the fund. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund and the custodian shall maintain a current inventory of all investments of the fund.
(5) In municipalities that prescribe the composition of the board for the police officers' old hire pension fund by ordinance or charter, the board shall have such additional powers and duties as may be provided by the charter and ordinances of such municipalities.
Source: L. 96: Entire article added with relocations, p. 862, � 1, effective May 23.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-305 (4), 31-30-312 (1) and (2), 31-30-403 (3)(a), 31-30-502 (1)(b), and 31-30-615.
31-30.5-205. Attorneys to advise. It is the duty of the attorneys for the employer to advise the boards on all matters pertaining to their duties and management of the fund when required to do so. Such attorneys shall represent and defend the boards as their attorneys in all suits or actions at law or in equity that may be brought against them and bring all suits and actions in their behalf that may be required or determined upon by said boards. In the event of a conflict between a board and an employer, the board may obtain legal counsel to represent the board in any such action at the expense of the board.
Source: L. 96: Entire article added with relocations, p. 863, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-414.
31-30.5-206. Warrants drawn. It is the duty of such officers of the municipality, fire protection district, or county improvement district as are designated by law to draw warrants on the treasurer of said municipality, fire protection district, or county improvement district on orders by the board, to draw warrants thereon, payable to the treasurer of said board for all funds belonging to the fund.
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-410 (1).
31-30.5-207. Method of payment. All moneys ordered to be paid from the fund to any person shall be paid by the treasurer only upon the warrant signed by the president of said board and countersigned by the secretary thereof. No warrant shall be drawn except by order of the board after having been duly entered on the records of the proceedings of the board.
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-410 (2).
31-30.5-208. Fund not subject to levy. Except for assignments for child support purposes as provided for in sections 14-10-118 (1) and 14-14-107, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, for payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S., and for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property or in the event of a judgment for a willful and intentional violation of fiduciary duties pursuant to this article where the offender or a related party received direct financial gain, no portion of the fund, before or after its order for distribution by the board to the persons entitled thereto, shall be held, seized, taken, subjected to, detained, or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or process or proceeding whatsoever issued out of or by any court of this state for the payment or satisfaction, in whole or in part, of any debt, damage, claim, demand, or judgment against the employer or the beneficiary of the fund. Said fund shall be held and distributed for the purposes of this article and for no other purpose whatsoever.
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23; entire section amended, p. 627, � 45, effective July 1; entire section amended, p. 1464, � 13, effective January 1, 1997. L. 2005: Entire section amended, p. 75, � 12, effective August 8.
31-30.5-209. Idle funds. (1) If the governing body of a municipality, by resolution, finds that no person named in this article is, and no such person can become, eligible for payment of a benefit from the municipality's police officers' old hire pension fund established pursuant to section 31-30.5-201 (2), it may authorize use of the money in the fund to make contributions to the defined benefit system trust fund pursuant to part 3 of article 31.5 of this title 31, to make contributions to a police benefit fund established pursuant to section 31-31-601 (1)(b), as said section existed prior to its repeal, or to make contributions under the federal social security laws if the municipality's police officers are covered by the social security laws. To the extent that money in the fund exceeds three times the present yearly employer contribution to any of the preceding benefit funds on behalf of the municipality's current police officers, such excess may be used for any law-enforcement-related purpose. If the municipality does not employ any police officer, the governing body may authorize use of the money in the fund for any law-enforcement-related purpose. In addition, any money in the fund that is attributable to contributions by the municipality and to interest on such contributions may be used for any police-related purpose and, if no such police-related need exists, then for any purpose as decided by the governing body of the municipality. For the purposes of this subsection (1), contracting with the county or county sheriff for law enforcement service shall not be considered employment of a police officer.
(2) If the governing body of a municipality, fire protection district, or county improvement district, by resolution, finds that no person named in this article is, and no such person can become, eligible for payment of a benefit from the employer's firefighters' old hire pension fund, it may authorize use of the money in the fund to make contributions to the defined benefit system trust fund pursuant to part 3 of article 31.5 of this title 31 or to make contributions under the federal social security laws if the employer's firefighters are covered by the social security laws. In addition, any money in the fund that is attributable to contributions by the municipality or district and to interest on such contributions may be used for any fire-related purpose and, if no such fire-related need exists, for any purpose as decided by the governing body of the municipality or district.
(3) (a) At least sixty days before adoption of a resolution permitted by subsection (1) or (2) of this section, the governing body of the municipality or district shall publish one notice in a newspaper having general circulation within the municipality or district and shall provide a copy of such published notice to the board of directors of the state fire and police pension association established pursuant to section 31-31-201 (1). The notice shall state the intent of the governing body to use the money in the fund for the purposes permitted in this section. The notice shall state that persons who believe they are or may be entitled to benefit payments from the fund shall have fifty days from the date of the notice in which to file an objection, in writing, with the governing body regarding its proposed use of the fund. If any such written objection is received, the governing body shall hold a public hearing before adoption of any resolution under this section with prior published notice of the time and place of the hearing as well as written notice of such hearing mailed, by certified mail, to each person filing a written objection.
(b) If, within one year after adoption of a resolution pursuant to this section, any person establishes a claim to a benefit from the fund, the municipality or district shall repay to the fund any money expended from such fund pursuant to this section, and no such additional expenditures shall be made from the fund.
(4) (a) (I) Notwithstanding the provisions of subsections (1) and (2) of this section and subject to the provisions of paragraph (c) of this subsection (4), if no members are active participants in an employer's old hire pension plan established under this article, the governing body of the employer, by resolution, may authorize the use of the excess balance in the plan fund for the purposes permitted in subsections (1) and (2) of this section. If a governing body authorizes the use of the excess balance under this subsection (4), the employer shall maintain the plan fund at a level equal to at least two times the amount necessary to fund the benefit liabilities of any persons continuing to receive benefits from the plan fund.
(II) For purposes of this paragraph (a), excess balance means the amount in an old hire plan fund in excess of two times the amount necessary to fund the benefit liabilities of persons continuing to receive benefits from the plan fund, as determined by the plan's actuary. In determining the excess balance in an old hire plan fund, the actuary shall utilize the assumptions approved by the board of directors of the fire and police pension association pursuant to section 31-30.5-306 (2)(b).
(b) Notwithstanding the provisions of subsections (1) and (2) of this section and paragraph (a) of this subsection (4) and subject to the provisions of paragraph (c) of this subsection (4), if no members are active participants in an employer's old hire pension plan established under this article and the plan provides no rank escalation benefit to persons receiving benefits from the plan fund, the board, after disclosure to the affected retirees, is authorized to use the assets in the plan fund for the purpose of purchasing annuities in amounts sufficient to pay any required benefits, including nondiscretionary cost-of-living adjustments required under the plan, to those persons who continue to receive benefits from the plan fund. If the board purchases annuities for such persons, the governing body of the employer, by resolution, may authorize the use of any additional funds that remain in the plan fund after purchasing such annuities for the purposes permitted in subsections (1) and (2) of this section. Annuities may be purchased pursuant to this paragraph (b) only from insurance companies rated at least A+ by the A.M. Best company or rated at least AA by Standard & Poors Corporation. If there is a default on the payment of benefits resulting from an annuity purchased under this paragraph (b), the employer remains liable to make any required benefit payments to persons for whom the annuities were purchased.
(c) Moneys in the plan fund in excess of the amount required to purchase annuities as provided in paragraph (b) of this subsection (4), if any, may be used to purchase additional benefits or may be treated as an excess balance as provided in paragraph (a) of this subsection (4).
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23. L. 97: (4) added, p. 21, � 1, effective July 1. L. 2002: (4)(c) amended, p. 173, � 1, effective October 1. L. 2006: (1) and (2) amended, p. 180, � 3, effective March 31. L. 2008: (4)(c) amended, p. 14, � 2, effective August 5. L. 2014: (4) amended, (SB 14-031), ch. 52, p. 235, � 1, effective March 20. L. 2024: (1) and (2) amended, (HB 24-1042), ch. 15, p. 37, � 3, effective March 6.
Editor's note: Provisions of this section were formerly numbered as � 31-30-313 (2)(a) and � 31-30-412 (2)(a) to (2)(c).
31-30.5-210. Plan amendment. (1) No modification of any provision of an old hire pension plan established pursuant to this article may be made after December 1, 1978, except as may be authorized by subsection (2) of this section.
(2) Upon the request of an employer and with the approval of sixty-five percent of the active and retired old hire members, the board of directors of the fire and police pension association established pursuant to section 31-31-201 (1), shall permit the modification of any provision of an old hire pension plan established pursuant to this article, if the board determines that such modification will maintain or enhance the actuarial soundness, as defined in section 31-31-102 (1), of such fund. In addition, upon the request of an employer, the board shall permit the modification of any provision of an old hire pension plan necessary to comply with state or federal law. Such modification may be made without the approval of the active and retired old hire members. This subsection (2) shall not be construed to authorize the board to allow a modification of any such old hire plan so as to change the nature of the plan from a defined benefit plan to a money purchase plan or to adversely affect the pension benefits of active or retired old hire members.
Source: L. 96: Entire article added with relocations, p. 865, � 1, effective May 23. L. 2003: (2) amended, p. 827, � 2, effective April 1. L. 2005: (2) amended, p. 135, � 2, effective August 8.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-805 (10)(a) and 31-30-1005 (6).
31-30.5-211. Affiliation with the fire and police pension association. Any employer may elect affiliation with the fire and police pension association established by section 31-31-201 (1), relating to an old hire pension plan established pursuant to this article. The procedures for affiliation and other provisions governing the administration of an affiliated plan are set forth in section 31-31-701.
Source: L. 96: Entire article added with relocations, p. 866, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-1003 (3)(a).
31-30.5-212. Qualification requirements - internal revenue code - definitions. (1) As used in this section, internal revenue code means the federal Internal Revenue Code of 1986, as amended.
(2) Old hire pension plans shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans.
(3) A board, as defined in section 31-30.5-102 (1.5), may adopt any provision for an old hire pension plan that is necessary to comply with the internal revenue code.
(4) (a) The board of directors of the fire and police pension association established by section 31-31-201 may create a master plan document for old hire pension plans and may submit the master plan document to the internal revenue service for a determination of its status as a qualified plan under the internal revenue code. The master plan document shall include provisions necessary to comply with the internal revenue code.
(b) The board of directors of the fire and police pension association established by section 31-31-201 may:
(I) Amend the master plan document as may be necessary to comply with the internal revenue code; and
(II) Require an affiliated board to adopt the master plan document or to obtain internal revenue service approval for its old hire pension plan.
(c) Nothing in this subsection (4) shall preclude an affiliated board from submitting its plan document to the internal revenue service for a determination of its plan document's status as a qualified plan under the internal revenue code.
(5) The old hire pension funds established by this article shall be held in trust for the benefit of old hire members and other persons entitled to benefits. No part of the corpus or income of a pension fund shall be used for or diverted to purposes other than for the exclusive benefit of old hire members or other persons entitled to benefits from the pension fund and for expenses incident to operation of the pension fund. No person shall have any interest in or right to any part of the corpus or earnings of the pension trust except as expressly provided, including assignments for child support purposes as provided for in section 14-14-104, C.R.S., child support arrearages as requested as part of an enforcement action under article 5 of title 14, C.R.S., or child support arrearages that are the subject of enforcement services provided under section 26-13-106, C.R.S., income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, and payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S.
Source: L. 96: Entire article added with relocations, p. 866, � 1, effective May 23. L. 98: (8) amended and (9) and (10) added, p. 24, � 2, effective March 16. L. 2006: (2) amended, p. 180, � 4, effective March 31. L. 2009: Entire section R&RE, (HB 09-1030), ch. 16, p. 89, � 3, effective August 5.
Editor's note: This section was formerly numbered as � 31-30-324.5.
31-30.5-213. Dissolution of fire departments. In the event of dissolution, for any reason, of fire departments whereby the services of firefighters or fire departments are discontinued, the firefighters or their surviving spouses, dependent parents, and children receiving benefits at the time of such dissolution shall continue to receive such benefits in accordance with the provisions of this article. Assets of the pension funds shall be transferred with other assets of the department and shall be administered by the board of trustees of the successor pension fund. In no event shall the rate of compensation be altered either after commencement of proceedings for dissolution has occurred or after its completion. After attaining fifty years of age, any firefighter having accrued ten or more years of active service at the time of such dissolution shall be granted an annuity, prorated in accordance with the number of years of service and the amount of annuity being paid for age and service pensions by the board of trustees of such pension fund at the time of such dissolution.
Source: L. 96: Entire article added with relocations, p. 867, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-415 (9).
PART 3
FUNDING - STATE-ASSISTED PLANS
31-30.5-301. Legislative declaration. The general assembly finds and
declares that the establishment of statewide actuarial standards regarding funded and unfunded liabilities of state-assisted old hire police officers' and firefighters' pension funds established pursuant to this article is a matter of statewide concern affected with a public interest, and the provisions of this part 3 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. The general assembly further declares that state moneys provided to municipalities, fire protection districts, and county improvement districts do not constitute an obligation of the state to participate in the costs of pension plan benefits but are provided in recognition that said local governments are currently burdened with financial obligations relating to pensions in excess of their present financial capacities. It is the intent of the general assembly in providing state moneys to assist said local governments that state participation decrease annually, terminating at the earliest possible date.
Source: L. 96: Entire article added with relocations, p. 867, � 1, effective May
23.
Editor's note: This section was formerly numbered as � 31-30-802.
31-30.5-302. Definitions. As used in this part 3, unless the context
otherwise requires:
(1) Commission means the pension review commission established
pursuant to section 24-51.1-101.
(2) Employee means any old hire firefighter, except any volunteer
firefighter, or old hire police officer employed by an employer who is eligible for the benefits provided pursuant to this article.
(3) Employer means any municipality, fire protection district, or county
improvement district employing one or more employees.
(4) Governing body means the governing body of a municipality, fire
protection district, or county improvement district.
(5) State-assisted means having received state moneys relating to accrued
unfunded liability.
(6) Volunteer firefighter has the same meaning as provided in section 31-30-1102 (9).
Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May
-
L. 2014: (5) amended, (SB 14-031), ch. 52, p. 236, � 2, effective March 20. L. 2018: (1) amended, (SB 18-200), ch. 370, p. 2264, � 28, effective June 4.
Editor's note: This section was formerly numbered as � 31-30-803.
Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.
31-30.5-303. State assistance - limitation. (Repealed)
Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May 23. L. 2014: Entire section repealed, (SB 14-031), ch. 52, p. 236, � 3, effective March 20.
Editor's note: This section was formerly numbered as � 31-30-804.
31-30.5-304. Limitation on existing funds - procedures. (1) On and after January 1, 1982, every state-assisted old hire police officers' or firefighters' pension plan created pursuant to this article shall be financed in accordance with minimum funding standards prescribed in this part 3. Contributions made pursuant to this section include municipal, special district, and county improvement district contributions, the established employee contribution, and any state contribution.
(2) (a) Annual contributions to state-assisted old hire police officers' and firefighters' pension funds shall be made in at least the amount determined by the policy set by the board of the fire and police pension association that balances the following considerations: Stabilization of the amount of the annual required contributions over time; keeping the funded ratio of the pension fund from declining; and reducing or eliminating contributions as may be prudent based on actuarial experience. The unfunded accrued liabilities of the plan may be amortized over a period not to exceed the lesser of twenty years or the number of years equal to the average remaining life expectancy of the pension fund's members.
(b) In addition to the contributions required by paragraph (a) of this subsection (2), the employer shall annually pay any required dollar amount of contributions necessary to fund additional plan benefits adopted under section 31-30.5-210 (2), as established by supplemental actuarial studies on such funds.
(3) and (3.5) (Deleted by amendment, L. 2014.)
(4) Repealed.
(5) (Deleted by amendment, L. 2014.)
(6) All municipalities, fire protection districts, and county improvement districts, including both paid firefighters and volunteer firefighters in their pension plans, shall segregate the pension funds for paid firefighters and volunteer firefighters on an equitable basis for accounting and actuarial purposes, and said segregation shall be considered in all actuarial reports applicable to such funds. In computing the portion of the fund attributable to volunteer firefighters, the benefits of such volunteer firefighters shall not be reduced or otherwise changed.
(7) (Deleted by amendment, L. 2014.)
(8) Every employee employed as a firefighter or police officer for the first time after April 7, 1978, is covered by the benefit provisions set forth in or authorized by article 31 of this title.
(9) Volunteer firefighters and volunteer firefighter pension funds are exempt from all provisions of this section except subsection (6) of this section.
(10) (Deleted by amendment, L. 2014.)
(11) Repealed.
(12) (Deleted by amendment, L. 2014.)
(13) The board of any state-assisted old hire pension plan may take, by gift, grant, devise or bequest, any money, personal property, or real estate, or interest therein, as trustees for the uses and purposes for which the fund is created.
Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May 23. L. 2003: (5)(a)(II) and (5)(b) amended, p. 1472, � 1, effective May 1. L. 2006: (3.5) amended, p. 181, � 5, effective March 31. L. 2009: (5)(a)(II) and (5)(b) amended, (SB 09-227), ch. 125, p. 540, � 1, effective April 16. L. 2011: (5)(a)(II) and (5)(b) amended, (SB 11-221), ch.152, p. 528, � 1, effective May 5. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 237, � 4, effective March 20. L. 2020: (2)(a) amended and (4) and (11) repealed, (HB 20-1044), ch. 105, p. 404, � 1, effective September 14.
Editor's note: This section was formerly numbered as � 31-30-805.
31-30.5-305. No change in employer obligation. It is the intention of the general assembly that the minimum funding standards established by this part 3 shall not enlarge nor diminish the obligation of municipalities and fire protection districts to their employees for pension benefits provided pursuant to this article.
Source: L. 96: Entire article added with relocations, p. 873, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-806.
31-30.5-306. Actuarial studies. (1) An actuarial study of each old hire police officers' and firefighters' pension fund administered by the association shall be conducted not later than July 1, 2014, and an updated actuarial study shall be conducted by the association every two years thereafter until the plan is terminated.
(2) (a) The association shall designate actuaries or firms of actuaries to supervise, conduct, or review actuarial studies required by this section.
(b) The fire and police pension association's board of directors shall specify the actuarial assumptions to be used in each such actuarial study.
(3) Costs of all such actuarial studies are an expense of the old hire plan and the fire and police pension association is authorized to pay for such costs as provided in section 31-31-302 (3).
(4) (Deleted by amendment, L. 2014.)
Source: L. 96: Entire article added with relocations, p. 873, � 1, effective May 23. L. 2001: (1)(b) amended, p. 302, � 1, effective August 8. L. 2003: (1)(b)(II) amended, p. 1473, � 2, effective May 1. L. 2006: (1)(b)(II) amended, p. 181, � 6, effective March 31. L. 2009: (1)(b)(II) amended, (SB 09-227), ch. 125, p. 541, � 2, effective April 16. L. 2011: (1)(b)(II) amended, (SB 11-221), ch. 152, p. 529, � 2, effective May 5. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 241, � 5, effective March 20.
Editor's note: This section was formerly numbered as � 31-30-1014.5.
31-30.5-307. State contribution. (1) (a) (Deleted by amendment, L. 2014.)
(b) (I) Each employer having rank escalation and having old hire members shall determine for each such employee the percentage that such employee's years served as of January 1, 1980, bear to the total number of years required for retirement. At retirement, the retirement pension shall be divided into that percentage and the remainder. The portion of the retirement pension equal to that percentage earned as of January 1, 1980, shall be subject to rank escalation as provided under the old hire pension plan, and the remainder of the retirement pension shall be subject to the same adjustment as that determined by the fire and police pension association board of directors pursuant to section 31-31.5-410.
(II) An employer may elect to continue full rank escalation benefits for that portion of the retirement pension subject to the adjustment as provided in subparagraph (I) of this paragraph (b), but no state contribution shall be used to fund such continuation of rank escalation or any unfunded liabilities incurred as a result of such continuation of rank escalation.
(c) (Deleted by amendment, L. 2014.)
(d) Repealed.
(2) (a) Moneys transferred from the state treasurer as state assistance to the old hire plan members' benefit trust fund shall not revert to the general fund but are continuously available for the purposes provided in this part 3 and part 11 of article 30 of this title.
(b) No other transfers for state assistance to the old hire plans shall be made to the old hire plan members' benefit trust fund pursuant to this section.
(2.5) Repealed.
(3) to (6) (Deleted by amendment, L. 2014.)
Source: L. 96: Entire article added with relocations, p. 874, � 1, effective May 23. L. 98: (1)(b)(I) amended, p. 826, � 43, effective August 5. L. 99: (2.5) added, p. 1269, � 2, effective August 4. L. 2000: (2.5) repealed, p. 271, � 2, effective March 31. L. 2001: (1)(d) amended and (4) added, p. 302, � 2, effective August 8; (1)(d) repealed, p. 1180, � 18, effective August 8. L. 2003: (1)(a), (1)(c), (2), and (4) amended and (5) added, p. 1473, � 3, effective May 1. L. 2004: (2) amended, p. 1203, � 72, effective August 4. L. 2005: (6) added, p. 756, � 2, effective June 1. L. 2006: (2), (5)(a), (5)(b), and (6) amended, p. 181, � 7, effective March 31. L. 2009: (1)(a), (1)(c), (2), (4), (5)(a), and (5)(b) amended, (SB 09-227), ch. 125, p. 541, � 3, effective April 16. L. 2011: (1)(a), (1)(c), (2), (4), (5)(a)(II), and (5)(b) amended, (SB 11-221), ch. 152, p. 529, � 3, effective May 5. L. 2013: (2) and (3) amended, (SB 13-234), ch. 180, p. 663, � 1, effective May 10. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 242, � 6, effective March 20. L. 2024: (1)(b)(I) amended, (HB 24-1042), ch. 15, p. 37, � 4, effective March 6.
Editor's note: (1) This section was formerly numbered as � 31-30-1014 (4), (5), and (7).
(2) Subsection (1)(d) was amended in House Bill 01-1008. Those amendments were superseded by the repeal of subsection (1)(d) in Senate Bill 01-208.
PART 4
FUNDING - NONSTATE ASSISTED PLANS
31-30.5-401. Sources of revenue for fund. (1) Except for state-assisted old
hire police officers' and firefighters' pension plans and those affiliated with the fire and police pension association pursuant to section 31-31-701, each old hire pension fund may consist of:
(a) All moneys that may be given to such board or fund by any person for the
use and purpose for which
C.R.S. § 31-35-107
31-35-107. Trustees - quorum - existing boards - secretary. (1) The first board of trustees elected pursuant to this part 1 shall be elected as follows: One for the period of two years, one for the period of four years, and one for the period of six years; and, at the end of each term, a board member shall be elected for a term of six years. The ballot at the first election shall designate the term for which the candidate is to be elected.
(2) Said board shall constitute a body corporate to be known as the trustees
of ............ waterworks, the name of the city or town to be inserted in said title, and shall be a party to all suits, proceedings, and contracts, the same as are municipalities in this state. Said board shall have control of all real estate owned, controlled, or acquired on or after April 15, 1903, by the city or town or any board of trustees or other body used in connection with said waterworks in operating waterworks constructed, including mains, pipes, reservoirs, buildings, machinery, lands, leases, water, water rights and privileges of every kind belonging thereto, and property of every kind and description, and the title to the same shall vest in said board of trustees, and their successors in office, as trustees for the use and benefit of the city or town or part or district of the city or town and the inhabitants and property therein supplied from said waterworks.
(3) As soon as said board of trustees organizes, it shall have all the power to
manage, repair, control, and extend and have all other powers in and about and over said property to acquire, purchase, and develop water and water rights and to exchange and extinguish the indebtedness growing out of the same or existing as of April 15, 1903, against waterworks possessed by any such city or town on said date. A majority of the trustees shall be a quorum and competent to bind the whole number by act and deed.
(4) The question of contracting a bonded debt or for funding or floating
bonded indebtedness shall be submitted to the registered electors of the city or town or part or district of the city or town at a special election to be called for voting upon such proposition; except that when the registered electors of any said city or town, prior to the establishment of a board of trustees under this part 1, have authorized by election the acquisition, construction, and operation of a municipal waterworks system and the incurring of indebtedness therefor and indebtedness for such purpose exists after creation of the board, no further election shall be necessary to permit the contracting of additional bonded debt or for funding or floating additional bonded indebtedness for the purpose of carrying out the powers granted under this title to cities or towns regarding waterworks, water rights, and property and the management, maintenance, development, and expansion thereof.
(5) The provisions of this part 1 regarding indebtedness and limitations
thereon in connection with water and waterworks shall apply to indebtedness created by the board of trustees elected under this part 1 as shall the provisions of other sections of the statutes of this state relating to bonded indebtedness for said purposes.
(6) The board of trustees may employ a secretary.
Source: L. 75: Entire title R&RE, p. 1246, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-110 as it existed prior
to 1975.
C.R.S. § 31-35-402
31-35-402. Powers. (1) In addition to the powers which it may now have, any municipality, without any election of the qualified electors thereof, has power under this part 4:
(a) To acquire by gift, purchase, lease, or exercise of the right of eminent
domain, to construct, to reconstruct, to improve, to better, and to extend water facilities or sewerage facilities or both, wholly within or wholly without the municipality or partially within and partially without the municipality, and to acquire by gift, purchase, or the exercise of the right of eminent domain lands, easements, and rights in land in connection therewith;
(b) To operate and maintain water facilities or sewerage facilities or both for
its own use and for the use of public and private consumers and users within and without the territorial boundaries of the municipality, but no water service or sewerage service or combination of them shall be furnished in any other municipality unless the approval of such other municipality is obtained as to the territory in which the service is to be rendered;
(c) To accept loans or grants or both from the United States under any
federal law in force to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of water facilities or sewerage facilities or both;
(d) To accept loans or grants or both from the United States under any
federal law in force for the construction of necessary water facilities or sewerage facilities or both;
(e) To enter into joint operating agreements, contracts, or arrangements with
consumers concerning water facilities or sewerage facilities or both, whether acquired or constructed by the municipality or consumer, and to accept grants and contributions from consumers for the construction of water facilities or sewerage facilities or both. When determined by its governing body to be in the public interest and necessary for the protection of the public health, any municipality is authorized to enter into and perform contracts, whether long-term or short-term but in no event exceeding fifty years, with any consumer for the provision and operation by the municipality of sewerage facilities to abate or reduce the pollution of waters caused by discharges of wastes by a consumer and the payment periodically by the consumer to the municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such consumer.
(f) To prescribe, revise, and collect in advance or otherwise, from any
consumer or any owner or occupant of any real property connected therewith or receiving service therefrom, rates, fees, tolls, and charges or any combination thereof for the services furnished by, or the direct or indirect connection with, or the use of, or any commodity from such water facilities or sewerage facilities or both, including, without limiting the generality of the foregoing, minimum charges, charges for the availability of service, tap fees, disconnection fees, reconnection fees, and reasonable penalties for any delinquencies, including but not necessarily limited to interest on delinquencies from any date due at a rate of not exceeding one percent per month or fraction thereof, reasonable attorneys' fees, and other costs of collection without any modification, supervision, or regulation of any such rates, fees, tolls, or charges by any board, agency, bureau, commission, or official other than the governing body collecting them; and in anticipation of the collection of the revenues of such water facilities or sewerage facilities, or joint system, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of the water facilities or sewerage facilities, or both; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;
(g) To pledge to the punctual payment of said bonds and interest thereon all
or any part of the revenues of the water facilities or sewerage facilities or both, including the revenues of improvements, betterments, or extensions thereto thereafter constructed or acquired, as well as the revenues of existing water facilities or sewerage facilities or both;
(h) To enter into and perform contracts and agreements with other
municipalities for or concerning the planning, construction, lease, or other acquisition and the financing of water facilities or sewerage facilities or both and the maintenance and operation thereof. Pursuant to any such contracts or agreements, such municipalities may obligate themselves to make payments in amounts which shall be sufficient to enable any municipality which finances such water facilities or sewerage facilities or both to meet its expenses, the interest and principal payments for its bonds, its reasonable reserves for debt service, operation and maintenance, and renewals and replacements, and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, ordinance, or other security instrument. Such contracts or agreements may contain such other terms and conditions as the municipalities may determine, including but not limited to provisions whereby a municipality is obligated to pay for the output, capacity, or use of any project irrespective of whether such output, capacity, or use is produced or delivered to the municipality or whether any project contemplated by any such agreement is completed, operable, or operating, and notwithstanding suspension, interruption, interference, reduction, or curtailment of the output, use, or service of such project. Subject to local charter and state constitutional limitations, such contracts or agreements may also provide that if one or more of the municipalities default in the payment of its obligations under any such contract or agreement, the remaining municipalities which also have such agreements shall be required to accept and pay for, and shall be entitled proportionately to use or otherwise dispose of, the output, capacity, or use of the project contracted for by the defaulting municipalities. The obligations of a municipality under such contracts or agreements shall either constitute special obligations of the municipality, payable solely from the revenues and other moneys derived by the municipality from its water facilities, sewerage facilities, or both, and shall be treated as expenses of operating such facilities or, in the discretion of such municipality and subject to satisfaction of any requirements of law governing or limiting the incurrence of debt by such municipality, shall constitute a general obligation of such municipality. Notwithstanding the provisions of section 6 (3) of article XI of the state constitution, where such contract or agreement is to constitute a general obligation of such municipality and where such contract or agreement provides that the municipality shall be required to accept and pay for the output, capacity, or use of the project contracted for by a defaulting municipality, such contract or agreement shall not be entered into unless the question of incurring a general obligation for such project has been submitted to and approved at an election conducted by such municipality in accordance with the election laws applicable to such municipality. Any such municipalities so contracting may also provide in any contract or agreement for a board, commission, or such other body as they deem proper for the supervision and general management of the water facilities or sewerage facilities or both and for the operation thereof and may prescribe its powers and duties, including the power to issue revenue bonds pursuant to this part 4, and fix the compensation of the members thereof. For the purposes of this paragraph (h), municipality means a municipality as defined in part 1 of article 1 of this title and any other political subdivision of this state, including any entity formed pursuant to intergovernmental contract or agreement, authorized by any law of this state to acquire, operate, and maintain the facilities which are the subject of such contract or agreement.
(i) To make all contracts, execute all instruments, and do all things
necessary or convenient in the exercise of the powers granted in this section, or in the performance of its covenants or duties, or in order to secure the payment of its bonds if no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the municipality is created thereby, and if no property, other than money, of the municipality is liable to be forfeited or taken in payment of said bonds, and if no debt on the credit of the municipality is thereby incurred in any manner for any purpose; and
(j) To issue water or sewer or joint water and sewer refunding revenue bonds
to refund, pay, or discharge all or any part of its outstanding water or sewer or joint water and sewer revenue bonds issued under this part 4 or under any other law, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs, effecting a change in any particular year or years in the principal and interest payable thereon or in the related utility rates to be charged, effecting other economies, or modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any municipal water facilities or sewerage facilities, or both, as provided in section 31-35-412.
Source: L. 75: Entire title R&RE, p. 1251, � 1, effective July 1. L. 83: (1)(j)
amended, p. 508, � 3, effective April 22. L. 86: (1)(h) amended, p. 1064, � 1, effective April 29.
Editor's note: This section is similar to former � 31-35-402 as it existed prior
to 1975.
C.R.S. § 31-35-504
31-35-504. Board's administrative powers. (1) The board, on behalf and in the name of the municipality, has the following powers:
(a) To fix the time and place at which its regular meetings shall be held
within the municipality and to provide for the calling and holding of special meetings;
(b) To adopt and amend or otherwise modify bylaws and rules for procedure;
(c) To prescribe by resolution a system of business administration, to create
any and all necessary offices, and to establish and reestablish the powers, duties, and compensation of all officers, agents, and employees and other persons contracting with the board, subject to the provisions of any ordinance adopted pursuant to section 31-35-502; but, except as may be otherwise therein provided, such compensation shall be established at prevailing rates of pay for equivalent services.
Source: L. 75: Entire title R&RE, p. 1261, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-421 as it existed prior
to 1975.
C.R.S. § 31-35-506
31-35-506. Additional administrative powers. (1) The board, on behalf and in the name of the municipality, also has the following powers:
(a) To require and fix the amount of all official fidelity and completion bonds
necessary or desirable and convenient in the opinion of the board for the protection of the funds and property of the municipality under the jurisdiction of the board, subject to the provisions of any ordinance adopted pursuant to section 31-35-502 regarding fidelity bonds for commissioners;
(b) To prescribe a method of auditing and allowing or rejecting claims and
demands subject to the provisions of section 31-35-507;
(c) To provide a method for the letting of contracts on a fair and competitive
basis for the construction of works, the facilities, or any project or any interest therein or the performance or furnishing of labor, materials, or supplies as required in part 4 of this article and this part 5 and to require a contractor's bond in the manner required of a governing body and a municipality in sections 38-26-105 to 38-26-107, C.R.S.;
(d) To designate an official newspaper published in the municipality or, if
none, of general circulation therein and to publish any notice or other instrument in any additional newspaper where the board deems that it is necessary or advisable to do so; and
(e) To make and pass resolutions and orders on behalf of the municipality not
repugnant to the provisions of part 4 of this article and this part 5 which are necessary or proper for the government and management of the affairs of the municipality, for the execution of the powers vested in the municipality, and for carrying into effect the provisions of part 4 of this article and this part 5 in connection with the facilities or joint system designated in the ordinance creating the board.
Source: L. 75: Entire title R&RE, p. 1262, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-423 as it existed prior
to 1975.
C.R.S. § 32-1-1004
32-1-1004. Metropolitan districts - additional powers and duties. (1) In addition to the powers specified in section 32-1-1001, the board of any metropolitan district has the following powers for and on behalf of such district:
(a) To enter into contracts with public utilities, cooperative electric
associations, and municipalities for the purpose of furnishing street lighting service;
(b) To erect and maintain, in providing safety protection services, traffic and
safety controls and devices on streets and highways and at railroad crossings and to enter into agreements with the county or counties in which a metropolitan district is situate or with adjoining counties, the department of transportation, or railroad companies for the erection of such safety controls and devices and for the construction of underpasses or overpasses at railroad crossings;
(c) To finance line extension charges for new telephone construction for the
purpose of furnishing telephone service exclusively in districts which have no property zoned or valued for assessment as residential;
(d) To finance payment of incremental directional drilling costs for oil and
gas wells drilled within the greater Wattenberg area, as that term is defined in section 24-65.5-102, C.R.S;
(e) A metropolitan district that provides fire protection services may
establish, in its discretion, a program to require the removal of vegetative fuel from privately owned real property within the boundaries of the district, as specified in section 32-1-1001 (1)(i) for fire protection districts, and a metropolitan district that provides fire protection services and that establishes a program pursuant to section 32-1-1001 (1)(i) shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A metropolitan district providing fire protection services shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.
(2) A metropolitan district shall provide two or more of the following
services:
(a) Fire protection as specified in section 32-1-103 (7);
(b) Elimination and control of mosquitoes;
(c) Parks or recreational facilities or programs as specified in section 32-1-103 (14);
(d) Safety protection through traffic and safety controls and devices on
streets and highways and at railroad crossings;
(e) Sanitation services as specified in section 32-1-103 (18);
(f) Street improvement through the construction and installation of curbs,
gutters, culverts, and other drainage facilities and sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements;
(g) Establishment and maintenance of television relay and translator
facilities;
(h) Transportation as specified in subsection (5) of this section;
(i) Water and sanitation services as specified in section 32-1-103 (18), (24),
and (25);
(j) Water as specified in section 32-1-103 (25);
(k) Solid waste disposal facilities or collection and transportation of solid
waste as specified in section 32-1-1006 (6) and (7).
(3) Any metropolitan district providing services specified in paragraph (a), (c),
(e), (i), or (j) of subsection (2) of this section shall have all the duties, powers, and authority granted to a fire protection, park and recreation, sanitation, water and sanitation, or water district by this article, except as provided in subsection (4) of this section.
(4) A metropolitan district may have and exercise the power of eminent
domain and dominant eminent domain and, in the manner provided by article 1 of title 38, may take any property necessary to the exercise of the powers granted, both within and without the special district, only for the purposes of fire protection, sanitation, street improvements, television relay and translator facilities, water, or water and sanitation, except for the acquisition of water rights, and, within the boundaries of the district, if the district is providing park and recreation services, only for the purpose of easements and rights-of-way for access to park and recreational facilities operated by the special district and only where no other access to such facilities exists or can be acquired by other means. A metropolitan district shall not exercise its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area.
(5) The board of a metropolitan district has the power to establish, maintain,
and operate a system to transport the public by bus, rail, or any other means of conveyance, or any combination thereof, and may contract pursuant to part 2 of article 1 of title 29. The board of a metropolitan district may not establish, maintain, or operate such a system of transportation in a county, city, city and county, or any other political subdivision of the state empowered to provide a system of transportation except pursuant to a contract entered into pursuant to part 2 of article 1 of title 29. The board of a metropolitan district not originally organized as having the power granted in this subsection (5) may exercise its power upon compliance with part 2 of this article 1. Notwithstanding any other provision of this subsection (5), the board of a metropolitan district shall not exercise the power under this subsection (5) until approved by the district court in compliance with part 2 of this article 1 and unless authorized, at a regular special district election or a special election held and conducted pursuant to article 13.5 of title 1, by a majority of the eligible electors of the district voting on the question of whether the board should exercise such power. The board of a metropolitan district which exercises the power granted in this subsection (5) shall provide transportation services only in the county or counties within which the boundaries of the metropolitan district lie.
(6) Notwithstanding anything in this article or any other law to the contrary:
(a) A metropolitan district may be formed within any part of the area within
the regional transportation district, as described in section 32-9-106.1, for the single service of financing a system to transport the public by bus, guideway, or any other means of conveyance, or any combination thereof.
(b) A district created pursuant to paragraph (a) of this subsection (6) may be
formed wholly or partly within an existing special district which provides or is authorized to provide the service of mass transportation if the improvements or facilities to be financed by such a district do not duplicate or interfere with any other improvements or facilities already constructed or planned to be constructed within the limits of the existing special district.
(c) The intergovernmental contract required by subsection (5) of this section
shall not be required for such a district except where the county, city, or city and county or any other political subdivision of the state within which a system of transportation is to be financed is actually operating a system of transportation.
(d) Except as specifically modified by this subsection (6), all other provisions
of this article shall apply to such a district.
(e) In accordance with section 32-1-307 (1), no tract of land of forty acres or
more used primarily and zoned for agricultural uses shall be included in any metropolitan district providing parks or recreational facilities and programs that is organized under this article 1 without the written consent of the owners.
(7) The board of a metropolitan district has the power to furnish security
services for any area within the special district. Such power may be exercised only after the district has provided written notification to, consulted with, and obtained the written consent of all local law enforcement agencies having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area. Any local law enforcement agency having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area may subsequently withdraw its consent after consultation with and providing written notice of the withdrawal to the board.
(8) (a) The board of a metropolitan district has the power to furnish covenant
enforcement and design review services within the district if:
(I) The governing body of the applicable master association or similar body
and the metropolitan district have entered into a contract to define the duties and responsibilities of each of the contracting parties, including the covenants that may be enforced by the district, and the covenant enforcement services of the district do not exceed the enforcement powers granted by the declaration, rules and regulations, or any similar document containing the covenants to be enforced; or
(II) The declaration, rules and regulations, or any similar document
containing the covenants to be enforced for the area within the metropolitan district name the metropolitan district as the enforcement or design review entity.
(b) The board of a metropolitan district shall have the power to furnish
covenant enforcement and design review services pursuant to this subsection (8) only if the revenues used to furnish such services are derived from the area in which the service is furnished.
(c) Nothing in this subsection (8) shall be construed to authorize a
metropolitan district to enforce any covenant that has been determined to be unenforceable as a matter of law.
(d) In furnishing covenant enforcement and design review services pursuant
to this subsection (8), the board of a metropolitan district shall comply with the procedural requirements set forth in section 32-1-1004.5.
(9) Except as limited by the service plan of the district, the board of a
metropolitan district has the power to provide activities in support of business recruitment, management, and development within the district. A metropolitan district meeting the qualifications of this subsection (9) shall neither have nor exercise the power of eminent domain or dominant eminent domain for the purposes set forth in this subsection (9).
(10) (a) In addition to the excise tax imposed pursuant to article 28.8 of title
39, a metropolitan district with boundaries entirely within the unincorporated area of a county is authorized to levy, collect, and enforce a metropolitan district excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility. Such excise tax must be calculated based on the average market rate of the unprocessed retail marijuana. The tax shall be imposed at the time when the retail marijuana cultivation facility first sells or transfers unprocessed retail marijuana from the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility.
(b) If the boundaries of a metropolitan district are within a county that
imposes an additional excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility pursuant to section 29-2-114, the excise tax rate imposed by the metropolitan district pursuant to this subsection (10) shall not exceed such tax rate imposed by the county. In no event shall the tax rate imposed pursuant to this subsection (10) exceed five percent of the average market rate, as determined by the department of revenue pursuant to section 39-28.8-101 (1), of the unprocessed retail marijuana.
(c) No excise tax shall be levied pursuant to the provisions of paragraph (a)
of this subsection (10) until the proposal has been referred to and approved by the eligible electors of the metropolitan district. Any proposal for the levy of an excise tax in accordance with paragraph (a) of this subsection (10) may be submitted to the eligible electors of the district at a regular special district election, on the date of the state general election, or on the first Tuesday in November of an odd-numbered year, and any election on the proposal must be conducted in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S.
(d) Any retail marijuana excise tax imposed by a metropolitan district
pursuant to this subsection (10) shall not be collected, administered, or enforced by the department of revenue, but shall instead be collected, administered, and enforced by the metropolitan district imposing the tax or through an intergovernmental agreement with the county in which the metropolitan district is located.
(11) A metropolitan district created on or after July 1, 2021, shall annually pay
the state an amount equal to the total of all ad valorem credits claimed under section 39-29-105 (2)(b) for property taxes that are imposed by the metropolitan district. The state treasurer shall credit fifty percent of the payment to the state severance tax trust fund created by section 39-29-109, and fifty percent to the local government severance tax fund created by section 39-29-110, with these amounts further allocated in the same manner as the gross receipts realized from the severance taxes imposed on minerals and mineral fuels under the provisions of article 27 of title 39.
Source: L. 81: Entire article R&RE, p. 1597, � 1, effective July 1. L. 82: (6)
added, p. 501, � 7, effective April 15. L. 87: (1)(c) added, p. 1239, � 1, effective April 22. L. 91: (1)(b) amended, p. 1070, � 45, effective July 1. L. 92: (5) amended, p. 888, � 127, effective January 1, 1993. L. 98: (2)(k) added, p. 1070, � 2, effective June 1. L. 2004: (7) and (8) added, p. 1065, � 1, effective May 21. L. 2007: (6)(a) amended, p. 834, � 3, effective May 14; (1)(d) added, p. 2122, � 9, effective August 3; (9) added, p. 938, � 1, effective August 3. L. 2008: (1)(d) amended, p. 1082, � 3, effective August 5. L. 2015: (10) added, (HB 15-1367), ch. 271, p. 1080, � 19, effective June 4. L. 2016: (9) amended, (HB 16-1011), ch. 110, p. 314, � 1, effective April 15; (5) amended, (SB 16-189), ch. 210, p. 789, � 94, effective June 6. L. 2017: (6)(e) added, (HB 17-1065), ch. 73, p. 232, � 2, effective August 9; (10)(a) and (10)(b) amended, (SB 17-192), ch. 299, p.1641, � 6, effective August 9. L. 2021: (11) added, (SB 21-281), ch. 255, p. 1493, � 2, effective June 18; (4) amended, (SB 21-262), ch. 368, p. 2430, � 5, effective September 7; (5) amended, (SB 21-160), ch. 133, p. 543, � 16, effective September 7. L. 2024: (8)(d) added (HB 24-1267), ch. 117, p. 377, � 2, effective August 7. L. 2025: (1)(e) added, (HB 25-1009), ch. 42, p. 199, � 4, effective August 6.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.
Cross references: For the legislative declaration in HB 15-1367, see section 1
of chapter 271, Session Laws of Colorado 2015. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.
C.R.S. § 32-1-1004.5
32-1-1004.5. Metropolitan districts' covenant enforcement and design review services - requirements - prohibitions as against public policy - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Board means the board of a metropolitan district.
(b) Covenant enforcement and design review services means the covenant
enforcement and design review services that a metropolitan district may provide in relation to residential property pursuant to section 32-1-1004 (8).
(c) Energy efficiency measure means a device or structure that reduces
the amount of energy derived from fossil fuels that is consumed by a unit. Energy efficiency measure includes only the following types of devices or structures:
(I) An awning, shutter, trellis, ramada, or other shade structure that is
marketed for the purpose of reducing energy consumption;
(II) A garage or attic fan and any associated vents or louvers;
(III) An evaporative cooler;
(IV) (A) Except as provided in subsection (1)(c)(IV)(B) of this section, an
energy-efficient outdoor lighting device, including without limitation a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device.
(B) Subsection (1)(c)(IV)(A) of this section does not apply to covenant
enforcement and design review services provided under an instrument that implements dark sky requirements for residential property that is a designated dark sky place, as defined in section 24-49.7-110 (2)(d).
(V) A retractable clothesline; and
(VI) A heat pump system, as defined in section 39-26-732 (2)(c).
(d) (I) Impartial decision-maker means a person or a group of persons:
(A) With the authority to make a decision regarding the enforcement of an
instrument that a metropolitan district enforces pursuant to this section or section 32-1-1004 (8), including the enforcement of any architectural requirements; and
(B) That does not have any direct personal or financial interest in the
outcome of the matter being decided.
(II) As used in this subsection (1)(d), personal or financial interest means
that the impartial decision-maker, as a result of the outcome of the matter being decided, would receive a greater benefit or detriment than that of other unit owners subject to the same instrument.
(e) Instrument means the declaration, rules and regulations, or any other
instrument that a metropolitan district enforces pursuant to this section and section 32-1-1004 (8).
(f) Local government means a statutory or home rule county, municipality,
or city and county.
(g) Unit means a physical portion of a residential property that is
designated for separate ownership or occupancy and is subject to an instrument.
(h) Unit owner means a person who owns a unit.
(2) (a) On or before January 1, 2025, except as provided in subsection (2)(d) of
this section, a metropolitan district shall adopt a written policy governing the imposition of fines. In furnishing covenant enforcement and design review services, a board shall not impose a fine on a unit owner for an alleged violation of an instrument unless the fine is imposed in accordance with the written policy. The written policy:
(I) Must include a fair and impartial fact-finding process concerning whether
an alleged violation actually occurred and, if so, whether a unit owner is responsible for the violation; and
(II) Must require providing notice to the unit owner regarding the nature of
the alleged violation, the action or actions required to cure the alleged violation, and the timeline for the fair and impartial fact-finding process required under subsection (2)(a)(I) of this section.
(b) The fair and impartial fact-finding process may be informal but, at a
minimum, must provide a unit owner notice and an opportunity to be heard before an impartial decision-maker.
(c) The written policy must specify the schedule of fines that may be
imposed for alleged violations that are continuous or repetitive in nature, including a description of what constitutes a continuous violation and what constitutes a repetitive violation.
(d) (I) A metropolitan district that does not provide covenant enforcement
and does not form a unit owners' association pursuant to section 38-33.3-301:
(A) Cannot pursue other remedies against property owners to enforce design
review requirements adopted by the metropolitan district; and
(B) Is not required to adopt written policies pursuant to subsections (2)(a)
and (5)(a) of this section.
(II) If a metropolitan district elects to provide covenant enforcement at any
time, the requirements of this section apply to the metropolitan district.
(3) (a) In furnishing covenant enforcement and design review services for
units, a board may fix, and from time to time increase or decrease, fees, rates, tolls, fines, penalties, or charges for covenant enforcement and design review services furnished pursuant to this section and section 32-1-1004 (8).
(b) (I) Until paid, any fee, rate, toll, fine, penalty, or charge described in
subsection (3)(a) of this section constitutes a perpetual lien on and against the unit for which covenant enforcement and design review services were provided.
(II) The board of a metropolitan district furnishing covenant enforcement and
design review services pursuant to this section and section 32-1-1004 (8) shall not foreclose on any lien described in this subsection (3)(b) that arises from amounts that a unit owner owes the metropolitan district as a result of a covenant violation or enforcement of a failure to comply with any instrument.
(III) In addition to any other means provided by law, a board, by resolution
and at a public meeting held after notice has been provided to an affected unit owner, may elect to have certain delinquent fees, rates, tolls, fines, penalties, charges, or assessments made or levied for covenant enforcement and design review services certified to the treasurer of the county in which the metropolitan district is located, and for the delinquent fees, rates, tolls, fines, penalties, charges, or assessments to be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be collected and paid over pursuant to section 39-10-107.
(4) (a) For any unit owner's failure to comply with an instrument, a
metropolitan district, without needing to commence a legal proceeding, may seek reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of the failure to comply.
(b) Except as provided in subsection (4)(c) of this section, in a civil action to
enforce or defend an instrument, the court shall award reasonable attorney fees, costs, and, if relevant, costs of collection to the prevailing party.
(c) In connection with a civil action claim in which a unit owner is alleged to
have violated an instrument but prevails on the matter because the court finds that the unit owner did not commit the alleged violation:
(I) The court shall award the unit owner reasonable attorney fees and costs
incurred in defending the claim;
(II) The court shall not award costs or attorney fees to the metropolitan
district; and
(III) The metropolitan district shall not allocate to the unit owner's account
with the metropolitan district any of the metropolitan district's costs or attorney fees incurred in asserting or defending the claim from revenue that the metropolitan district collects other than ad valorem property taxes imposed on all taxpayers in the metropolitan district.
(d) Notwithstanding any law to the contrary, an action shall not be
commenced or maintained to enforce the terms of any building restriction contained in an instrument or to compel the removal of any building or improvement because of a violation of the terms of any such building restriction unless the action is commenced within one year after the date that the metropolitan district commencing the action first knew or, in the exercise of reasonable diligence, should have known of the violation forming the basis of the action.
(5) (a) (I) On or before January 1, 2025, except as provided in subsection (2)(d)
of this section, a metropolitan district furnishing covenant enforcement and design review services under this section and section 32-1-1004 (8) shall adopt a written policy setting forth the metropolitan district's procedure for addressing disputes arising between the metropolitan district and one or more unit owners related to the enforcement of an instrument.
(II) (A) Except as provided in subsection (5)(a)(II)(B) of this section, a
metropolitan district shall make a copy of the written policy adopted pursuant to subsection (5)(a)(I) of this section available to unit owners on the metropolitan district's website that the metropolitan district is required to maintain pursuant to section 32-1-104.5 (3).
(B) If the metropolitan district is not required to maintain a website pursuant
to section 32-1-104.5 (3), the metropolitan district shall make the written policy available to unit owners upon request.
(b) (I) Any controversy between a metropolitan district and a unit owner that
arises out of the enforcement of an instrument may be submitted to mediation by agreement of the parties prior to the commencement of any legal proceeding. Either party to the mediation may terminate the mediation process without prejudice.
(II) If a mediation agreement is reached pursuant to subsection (5)(b)(I) of
this section, the mediation agreement may be presented to a court as a stipulation. The stipulation must not include a requirement that the unit owner pay additional interest or unreasonable attorney fees. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief. If the parties execute a stipulation that the court deems unfair or that does not comply with the requirements of this subsection (5)(b), the stipulation is invalid and the court may award the unit owner reasonable attorney fees and costs.
(6) Notwithstanding any provision in an instrument to the contrary, a
metropolitan district shall not prohibit any of the following in relation to any unit subject to the instrument:
(a) The display of a flag on a unit, in a window of the unit, or on a balcony
adjoining the unit. The metropolitan district shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit flags bearing commercial messages. The metropolitan district may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles but shall not prohibit the installation of a flag or flagpole.
(b) The display of a sign by the owner or occupant of a unit on property
within the boundaries of the unit or in a window of the unit. The metropolitan district shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the metropolitan district may prohibit signs bearing commercial messages. The metropolitan district may establish reasonable, content-neutral rules to regulate signs based on the number, placement, or size of the signs or on other objective factors.
(c) The parking of a motor vehicle by the occupant of a unit on the driveway
of the unit if the vehicle is required to be available at designated periods at the occupant's residence as a condition of the occupant's employment and all of the following criteria are met:
(I) The vehicle has a gross vehicle weight rating of ten thousand pounds or
less;
(II) The occupant is a bona fide member of a volunteer fire department or is
employed by a primary provider of emergency firefighting, law enforcement, ambulance, or emergency medical services;
(III) The vehicle bears an official emblem or other visible designation of the
emergency service provider; and
(IV) Parking of the vehicle can be accomplished without obstructing
emergency access to or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces;
(d) The removal by a unit owner of trees, shrubs, or other vegetation to
create defensible space on a unit for fire mitigation purposes, so long as the removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by an entity of a local government to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located and is no more extensive than necessary to comply with the plan. The plan shall be registered with the metropolitan district at least thirty days before the commencement of work. The metropolitan district may require changes to the plan if the metropolitan district obtains the consent of the individual, official, or agency that originally created the plan. The work must comply with applicable standards of the metropolitan district regarding slash removal, stump height, revegetation, and contractor regulations.
(e) Reasonable modifications to a unit as necessary to afford an individual
with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);
(f) The use of xeriscape, nonvegetative turf grass, or drought-tolerant
vegetative or nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible in accordance with section 38-33.3-106.5 (1)(i) and (1)(i.5);
(g) The use of a rain barrel, as defined in section 37-96.5-102 (1), to collect
precipitation from a residential rooftop in accordance with section 37-96.5-103. A metropolitan district may impose reasonable aesthetic requirements that govern the placement or external appearance of a rain barrel. This subsection (6)(g) does not confer upon a unit owner a right to place a rain barrel at, or to connect a rain barrel to, any property that is:
(I) Leased, except with permission of the lessor;
(II) A common element or a limited common element of a common interest
community, as those terms are defined in section 38-33.3-103;
(III) Owned or maintained by the metropolitan district; or
(IV) Attached to one or more other units, except with permission of the
owners of the other units.
(h) (I) The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.
(II) This subsection (6)(h) does not supersede any of the provisions of an
instrument concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The metropolitan district shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.
(III) This subsection (6)(h) does not apply to a community qualified as housing
for older persons under the federal Housing for Older Persons Act of 1995, Pub.L. 104-76.
(IV) The metropolitan district may require the owner or operator of a family
child care home to carry liability insurance, at reasonable levels determined by the board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on any property owned or maintained by the metropolitan district, in the unit where the family child care home is located, or in any other unit subject to an instrument. The metropolitan district shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the metropolitan district is required to carry under the terms of an instrument.
(7) (a) Notwithstanding any provision in an instrument to the contrary, a
metropolitan district shall not:
(I) Effectively prohibit renewable energy generation devices, as defined in
section 38-30-168;
(II) Require the use of cedar shakes or other flammable roofing materials on
a unit; or
(III) Effectively prohibit the installation or use of an energy efficiency
measure on a unit.
(b) Subsection (7)(a)(III) of this section does not apply to:
(I) Reasonable aesthetic provisions that govern the dimensions, placement,
or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, a metropolitan district shall consider:
(A) The impact of the purchase price and operating costs of the energy
efficiency measure;
(B) The impact on the performance of the energy efficiency measure; and
(C) The criteria contained in any instrument.
(II) Bona fide safety requirements, consistent with an applicable building
code or recognized safety standard, for the protection of persons or property.
(c) Subsection (7)(a)(III) of this section does not confer upon any unit owner
the right to place an energy efficiency measure on property that is:
(I) Owned by another person;
(II) Leased, except with permission of the lessor;
(III) Collateral for a commercial loan, except with permission of the secured
party;
(IV) A common element or limited common element of a common interest
community, as those terms are defined in section 38-33.3-103; or
(V) Owned or maintained by a metropolitan district.
Source: L. 2024: Entire section added, (HB 24-1267), ch. 117, p. 378, � 3,
effective August 7.
C.R.S. § 32-1-1006
32-1-1006. Water and sanitation or water districts - additional powers - special provisions - definition. (1) In addition to the powers specified in section 32-1-1001, the board of any sanitation, water and sanitation, or water district has the following powers for and on behalf of such district:
(a) (I) To compel the owner of premises located within the boundaries of any
such district, whenever necessary for the protection of public health, to connect such owner's premises, in accordance with the state plumbing code, to the sewer, water and sewer, or water lines, as applicable, of such district within twenty days after written notice is sent by registered mail, if such sewer or water line is within four hundred feet of such premises. If such connection is not begun within twenty days, the board may thereafter connect the premises to the sewer, water and sewer, or water system, as applicable, of such district and shall have a perpetual lien on and against the premises for the cost of making the connection, and any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics' liens.
(II) Nothing in subparagraph (I) of this paragraph (a) authorizes the board of
any sanitation, water and sanitation, or water district to compel any connection with the sewer, water and sewer, or water lines, as applicable, of such district, by any owner of premises located outside of such district who utilizes private or nongovernmental persons, services, systems, or facilities including an on-site wastewater treatment system, for the provision of sewer, water and sewer, or water lines to such premises.
(b) (I) To divide such district into areas according to the water or sanitation
services furnished or to be furnished therein. The board has the power to fix different rates, fees, tolls, or charges and different rates of levy for tax purposes against all of the taxable property within the several areas of such district according to the services and facilities furnished or to be furnished therein within a reasonable time. In addition, if the board finds it infeasible, impracticable, or undesirable for the good of the entire district to extend water or sewer lines and facilities to any part of such district, the board may designate by resolution such area not to be served with water or sanitation service, but such area designated not to be served shall be at least ten acres in extent.
(II) If the board divides a special district into areas according to the facilities
and services furnished or to be furnished, to determine the amount of money necessary to be raised by taxation within each such area, taking into consideration other sources of revenue within the area, and to fix a levy which, when levied upon every dollar of the valuation for assessment of taxable property within such area of the special district, will supply funds for the payments of the costs of acquiring, operating, and maintaining the services or facilities furnished in such area and will pay promptly, when due, the principal or interest on bonds or other obligations issued and its pro rata share of the general operating expenses of the district.
(c) (I) To establish, construct, operate, and maintain works and facilities
across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are the property of the state of Colorado, and across any stream of water or watercourse. The board of county commissioners of any county in which any public streets or highways are situated which are to be cut into or excavated in the construction or maintenance of any such facilities has authority to adopt by resolution such rules as it deems necessary in regard to any such excavations and may require the payment of reasonable fees by such district as may be fixed by the board of county commissioners to ensure proper restoration of such streets or highways.
(II) When such fee is paid, it is the responsibility of the board of county
commissioners to promptly restore such street or highway to its former state. If the fee is not fixed and paid, such district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof.
(III) This grant of authority is not and shall not be construed as a limitation
upon the existing powers of any municipality to regulate works and facilities in public streets or highways.
(d) To assess reasonable penalties for delinquency in the payment of rates,
fees, tolls, or charges or for any violations of the rules and regulations of the special district together with interest on delinquencies from any date due at not more than one percent per month or fraction thereof, and to shut off or discontinue water or sanitation service for such delinquencies and delinquencies in the payment of taxes or for any violation of the rules and regulations of the special district, and to provide for the connection with and the disconnection from the facilities of such district;
(e) To acquire water rights and construct and operate lines and facilities
within and without the district;
(f) To have and exercise the power of eminent domain and dominant eminent
domain and, in the manner provided by article 1 of title 38, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the special district, except for the acquisition of water rights;
(g) To fix and on occasion increase or decrease tap fees in accordance with
subsection (9) of this section. The board may pledge revenue raised from the imposition of tap fees for the payment of any indebtedness of the special district.
(h) (I) To assess availability of service or facilities charges subject to the
following provisions:
(A) No fee, rate, toll, or charge for connection to or use of services or
facilities of such district shall be considered an availability of service or facilities charge.
(B) Any availability of service or facilities charges shall be made only when a
notice, stating that such availability of service or facilities charges are being considered and stating the date, time, and place of the meeting at which they are to be considered, has been mailed by first-class United States mail, postage prepaid, to each taxpaying elector of such district at his last-known address, as disclosed by the tax records of the county or counties within which such district is located.
(C) Availability of service or facilities charges shall be assessed solely for
the purpose of paying principal of and interest on any outstanding indebtedness or bonds of such district and shall not be used to pay any operation or maintenance expenses of, nor capital improvements within or for, such district.
(D) Availability of service or facilities charges shall be assessed only where
water, sewer, or both water and sewer lines are installed and ready for connection within one hundred feet of any property line of the residential lot or residential lot equivalent to be assessed, but to one or both of which line or lines the particular lot or lot equivalent to be assessed is not connected.
(E) Availability of service or facilities charges shall be a percentage, not to
exceed fifty percent, of the fees, rates, tolls, or charges for use of services or facilities of such district, said percentage to be determined by the board. If the fees, rates, tolls, or charges for the use of services or facilities vary dependent upon quantities of usage, the availability of service or facilities charges shall be a percentage, not to exceed fifty percent, of the average usage derived by dividing the total usage quantity for such district for the last preceding fiscal year by the total number of users in such district, said percentage to be determined by the board. In addition the aggregate amount of revenue budgeted and expected to be derived from availability of service or facilities charges shall not exceed the total amount of principal of and interest on the outstanding indebtedness or bonds of such district for such service currently budgeted for and to mature or accrue during the annual period within which such availability of service or facilities charges are payable, less the amount budgeted and expected to be produced during such period by the mill levy allocable to such service then being budgeted for and levied and assessed by such district.
(II) Notwithstanding the provisions of this paragraph (h), any metropolitan
district providing water or sanitation or water and sanitation services which, prior to July 1, 1981, has imposed an availability of service charge pursuant to section 31-35-402 (1)(f), C.R.S., and has pledged such availability of service charges to the payment of outstanding bonds may continue such charge until such bonds are retired.
(1.5) (a) No water and sanitation district or water district shall furnish water
service or water supply to any property located outside of the district's boundaries if such property is within the legal boundaries of another special district that has been organized with the power to furnish water facilities or water services, unless:
(I) In compliance with the provisions of this title and with the consent of the
special district within whose boundaries such property is located, such property is included within the boundaries of the district seeking to provide water service or water supply; or
(II) After April 15, 1996, in lieu of inclusion pursuant to subparagraph (I) of
this paragraph (a), the special district within whose boundaries such property is located gives consent to the provision of such water service or water supply.
(b) In the absence of such inclusion or consent, no water and sanitation
district or water district shall have any right or power, however derived, to provide water service or water supply to any property outside of that district's boundaries and within the boundaries of another special district that has been organized with the power to furnish water facilities or water services.
(c) As used in this subsection (1.5), water facilities has the same meaning
as in section 31-35-401 (7), C.R.S.
(2) (a) A special district organized for water or sanitation or for water and
sanitation purposes, upon the filing of a resolution of the board with the court and after an election held pursuant to paragraph (b) of this subsection (2), may become a water and sanitation or metropolitan district, respectively, possessing all the rights, powers, and authority of such a district if there is not then pending a petition for the organization of a water and sanitation or metropolitan district, partially or wholly within the water or sanitation or water and sanitation district, and if a metropolitan district does not already exist wholly or partly within the boundaries of the sanitation or water or water and sanitation district.
(b) (I) After a hearing on the resolution, the court shall direct that the
question of conversion of the special district be submitted to the eligible electors of the special district and shall appoint the secretary as the designated election official responsible for the calling and conducting of the election according to article 13.5 of title 1.
(II) If a majority of the votes cast at the election are in favor of conversion
and the court determines the election was held in accordance with article 13.5 of title 1, the court shall enter an order including any conditions so prescribed and converting the special district.
(3) Taxpaying electors of any area of five acres or more within or without a
special district furnishing sanitation or water services or facilities or sanitation and water services or facilities or any area regardless of size immediately contiguous to such district may agree among themselves for the construction of water or sanitation facilities or water and sanitation facilities within such area, and the board of such district has the authority to enter into a contract with such taxpaying electors to allow any portion of revenue derived from water or sanitation charges and fees from such area or from special charges assessed against users of such sanitation or water facilities to be applied on the payment of the cost of the construction of such water or sanitation facilities. Such payment shall be made without interest and upon such terms as the parties may agree upon, but payment shall not extend over fifteen years. Such contracts shall not be included within the dollar limitation of debts provided by this article and shall not require approval of the electors of the special district.
(4) Any dispute involving a special district furnishing sanitation or water
services or facilities or sanitation and water services or facilities and any customer of such district in which physical damage to the property of the customer in the amount of ten thousand dollars or less is alleged to have been caused by the actions of such special district may be submitted with the consent of the district and the customer to alternative dispute resolution procedures pursuant to the Dispute Resolution Act, part 3 of article 22 of title 13, C.R.S., if such procedures are available in the judicial district where a complaint in such dispute would be filed. Notwithstanding any other provision of law to the contrary, once a party to such dispute has properly submitted the dispute to alternative dispute resolution procedures pursuant to this section, neither party shall remove the dispute from the alternative dispute resolution forum without the consent of the other party.
(5) The governing body of each special district providing water or sanitation
services which implements an industrial wastewater pretreatment program pursuant to the federal act, as defined in section 25-8-103 (8), C.R.S., may seek such relief and impose such penalties as are required by such federal act and its implementing regulations for such programs.
(6) The board of a sanitation district or water and sanitation district may
provide collection and transportation of solid waste, including residential waste services as defined in section 30-15-401 (7.5)(d), for and on behalf of the district, including but not limited to the financing thereof, by either contracting with a third-party service provider pursuant to this section or providing such waste services pursuant to section 30-15-401 (7.5) and (7.7). The board may impose fees, rates, penalties, or charges for such service pursuant to section 32-1-1001 (1)(j)(I), and the board may require that the district residents use or pay user charges for residential waste services. If the board contracts with a third-party service provider, the board shall publish a notice for bids or a request for proposals no less than thirty days prior to awarding the contract. If the board decides to proceed with its own proposal to directly provide residential waste services rather than enter into a contract with a third-party service provider, the board shall request proposals to provide such services within a designated area of the district by publishing notice and awarding a contract in accordance with the procedures specified in section 30-15-401 (7.5)(c) and (7.7). The board shall not award a contract that exceeds three years in duration. The board may not provide collection and transportation of solid waste services within the boundaries of any municipality, city and county, or county that is providing solid waste services without the consent of the municipality, city and county, or county.
(7) The board of any sanitation district or water and sanitation district may
provide solid waste disposal facilities, including but not limited to the financing thereof, for and on behalf of such district. Any service or facility pursuant to this subsection (7) shall be subject to part 1 of article 20 of title 30, C.R.S.
(8) (a) A water district or a water and sanitation district may provide park and
recreation improvements and services in connection with a water reservoir owned by the district and adjacent land if such improvements and services are not already being provided by another entity with respect to the reservoir and adjacent land.
(b) Once the board of a water district or a water and sanitation district
adopts a resolution to provide improvements and services pursuant to this subsection (8), no other entity may provide park and recreation improvements and services with respect to the reservoir and adjacent land without the consent of the board.
(c) The district may exercise any powers that a park and recreation district
has in connection with the provision of park and recreation improvements and services, including imposing rates, fees, and charges in connection with the improvements and services. The district may use any district revenues to provide the improvements and services. The provision of improvements and services pursuant to this subsection (8) is not a material modification of the service plan of the district.
(9) (a) The board of a water and sanitation or water district has a duty to
provide water service if the special district has the capacity to do so; except that this subsection (9)(a) does not apply to service that is provided outside a district's boundaries or service area, including pursuant to a contract. The terms of such a contract govern the terms of such extraterritorial service. As used in this subsection (9)(a), capacity includes consideration of the physical capacity of a district's existing infrastructure; the legal capacity of the district, including but not limited to the sufficiency of a district's existing water rights pursuant to the provisions of any relevant decrees to provide water or sewer service to new customers; and a district's financial capacity to fund all required infrastructure and water rights without creating detriment or harm to existing customers.
(b) In determining the amount of a tap fee as described in subsection (1)(g) of
this section, the board of a water and sanitation or water district shall:
(I) Ensure that the amount of the tap fee is reasonably related to all costs
incurred by the district in funding and providing water or sanitation service, which costs may include costs relating to infrastructure construction and acquisition, including permitted capacities for such infrastructure, as well as costs associated with water rights planning and the acquisition and development of water rights, but which costs do not include costs related to ongoing operations, maintenance, and usage that is considered routine monthly billing; and
(II) Based on applicable plumbing codes and land use jurisdictional
requirements, and subject to any contracts related to the provision or expansion of water or sewer service, which contracts exist on the effective date of this subsection (9), apply at least one of the following factors in supporting the calculation and setting of proportional or reduced fees:
(A) Expected long-term water usage, both indoor and outdoor, including the
existence of nonnative turf grass and use of water-wise landscaping, with an emphasis on native plants;
(B) The square footage of the unit or the number of bedrooms in the unit;
(C) The square footage of the lot or the equivalent residential unit;
(D) The presence of low-water-usage appliances, if applicable;
(E) Per-unit fixture counts in bathrooms, kitchens, and other spaces, interior
and exterior, that provide water or sanitation service; and
(F) The presence of graywater treatment works, as defined in section 25-8-103 (8.4) and as may be authorized within the district boundaries.
(c) Nothing in this subsection (9) prohibits a district from conditioning a
reduced or proportional tap fee on long-term compliance with the factors described in subsection (9)(b)(II) of this section, which factors serve as the basis for the tap fee. In the event that the water demands of a property expand after the issuance of a tap fee because of increased irrigation, increased unit size, increased fixture counts, or other changes that increase water demand, the district may require a supplemental tap fee based on the expanded water demand.
Source: L. 81: Entire article R&RE, p. 1599, � 1, effective July 1. L. 83:
(1)(h)(I)(B) amended, p. 1279, � 1, effective May 25; (2) amended, p. 1280, � 1, effective May 26. L. 89: (4) added, p. 1315, � 1, effective March 15. L. 90: (5) added, p. 1346, � 8, effective July 1. L. 92: (2)(b) amended, p. 888, � 128, effective January 1, 1993. L. 94: (1)(a) amended, p. 593, � 1, effective April 7. L. 96: (1.5) added, p. 309, � 6, effective April 15. L. 98: (6) and (7) added, p. 1070, � 3, effective June 1. L. 2005: (8) added, p. 151, � 1, effective April 5. L. 2012: (1)(a)(II) amended, (HB 12-1126), ch. 137, p. 499, � 8, effective August 8. L. 2016: (2)(b) amended, (SB 16-189), ch. 210, p. 789, � 95, effective June 6. L. 2020: (6) amended, (HB 20-1074), ch. 48, p. 165, � 1, effective September 14. L. 2021: (2)(b) amended, (SB 21-160), ch. 133, p. 543, � 17, effective September 7. L. 2025: (1)(g) amended and (9) added, (HB 25-1211), ch. 177, p. 741, � 1, effective August 6.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.
Cross references: For foreclosure of mechanics' liens, as provided in
subsection (1)(a), see article 22 of title 38.
C.R.S. § 32-1-1103
32-1-1103. Special financial provisions - health service districts. (1) In addition to the powers specified in section 32-1-1101, the board of any health service district has the following powers for and on behalf of such district:
(a) (I) Repealed.
(II) To levy, in health service districts with a valuation for assessment on real
and personal property of fifteen million dollars or less contracting bonded indebtedness not to exceed three percent of the total valuation for assessment within the health service district to be fully paid within a twenty-year period from the date of incurring the indebtedness, on all taxable property within such district without limitations as to rate or amount for purposes of retiring the indebtedness created in accordance with the provisions of section 32-1-1101 (2);
(III) To levy, in health service districts with a valuation for assessment on real
and personal property of over fifteen million dollars contracting bonded indebtedness not to exceed five percent of the total valuation for assessment within the health service district to be fully paid within a twenty-year period from the date of incurring the indebtedness, on all taxable property within such district without limitations as to rate or amount for purposes of retiring the indebtedness created in accordance with the provisions of section 32-1-1101 (2);
(IV) To levy, in health service districts with a population of twenty thousand
or less with a valuation for assessment on real and personal property of over fifteen million dollars contracting bonded indebtedness not to exceed twenty percent of the total valuation for assessment within the health service district to be fully paid within a twenty-year period from the date of incurring the indebtedness, on all taxable property within such district without limitations as to rate or amount for purposes of retiring the indebtedness created in accordance with the provisions of section 32-1-1101 (2);
(b) To issue without an election, pursuant to an authorizing resolution and
subject to the provisions and contractual limitations in resolutions authorizing outstanding bonds and other securities of the health service district, securities to defray, in whole or in part, the cost of a project in the manner provided in and subject to the limitations imposed by subsection (3) of this section.
(2) Notwithstanding any other provisions of this article, all moneys belonging
to or collected on behalf of the health service district shall be deposited, in the discretion of the board, with either the treasurer of the county in which the greatest percentage of the valuation for assessment of the taxable property of the district is located or in a depository enumerated in section 24-75-603, C.R.S., to the account of the health service district. All expenditures therefrom of the moneys shall be made upon warrants or checks duly drawn on said account and signed by the president and secretary-treasurer of the health service district. The board may invest any moneys of the district not required to meet the immediate expenses of the district in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.
(3) (a) (I) The project for which securities are issued pursuant to paragraph
(b) of subsection (1) of this section may be the acquisition, by purchase, construction, or otherwise, the improvement, or the equipment, or any combination thereof, for the purposes set forth in section 32-1-1003 (1)(a) or any other building, structure, or land necessary or desirable for use in connection with the operations of a health service district.
(II) The cost of the project may include, in the board's discretion, all
incidental costs pertaining to the project and the financing thereof, including, without limitation, contingencies and the capitalization, with proceeds of securities, of operation and maintenance expenses appertaining to facilities to be acquired and interest on the securities for any period not exceeding the period estimated by the board to effect the project plus one year, of any discount on the securities, and of any reserves for payment of principal of and interest on the securities.
(b) The board may issue interim securities, which may be designated bonds,
notes, or warrants, evidencing any emergency loans, construction loans, and other temporary loans not exceeding three years, in supplementation of long-term financing, such interim securities to be funded with the proceeds of long-term securities, net pledged revenues, or further interim securities, or any combination thereof, as the board may determine.
(c) (I) Except to the extent inconsistent with the provisions of this section,
any securities issued pursuant to this section for any project shall be issued in the form and manner and with the effect provided in sections 11-54-111 and 11-54-112, C.R.S., for public securities issued under the Refunding Revenue Securities Law.
(II) The authorizing resolution, trust indenture, or other instrument
appertaining thereto may contain any of the covenants, and the board may do such acts and things, as are permitted in section 11-54-113, C.R.S.
(III) Revenue obligations issued to refund revenue bonds of a health service
district and to refund securities issued under this section may be issued under the Refunding Revenue Securities Law.
(d) The securities shall be payable and collectible, as to principal, interest,
and any prior redemption premium, solely out of net pledged revenues, and the holder thereof may not look to any general or other fund for the payment of such securities except the net revenues pledged therefor. The securities shall not constitute an indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation, if any provision or limitation appertains thereto. The securities shall not be considered or held to be general obligations of the health service district but shall constitute its special obligations, and the full faith and credit of the health service district shall not be pledged for their payment. The payment shall not be secured by an encumbrance, mortgage, or other pledge of property of the health service district, except for its pledged revenues. No property of the health service district, subject to said exception, shall be liable to be forfeited or taken in payment of securities.
(e) A resolution providing for the issuance of bonds or other securities under
this section or an indenture or other proceedings appertaining thereto may provide that the securities contain a recital that they are issued pursuant to this section, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
(f) The determination of the board that the limitations imposed under this
subsection (3) upon the issuance of securities under this section have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion, regardless of whether the authorizing resolution or the securities thereby authorized contain a recital as authorized by paragraph (e) of this subsection (3).
(g) Nothing in this section or in any other law shall be deemed to impair the
existing obligations of contract embodied in outstanding bonds validly issued under the statutes in force at the times of their issue prior to July 1, 1971.
(h) Bonds and other securities issued under the provisions of this section,
their transfer, and the income therefrom shall forever remain free and exempt from taxation by this state or any political subdivision thereof.
(i) (I) This section, without reference to other statutes of this state, except as
otherwise expressly provided in this section, constitutes full authority for the exercise of the incidental powers granted in this section concerning the borrowing of money to defray wholly or in part the cost of any project and the issuance of securities to evidence such loans.
(II) The powers conferred by this section are in addition and supplemental to
and not in substitution for, and the limitations imposed by this section shall not affect, the powers conferred by any other law.
(III) Nothing in this section shall be construed as preventing the exercise of
any power granted to the board or to a health service district acting by and through its board or any officer, agent, or employee thereof by any other law.
Source: L. 81: Entire article R&RE, p. 1605, � 1, effective July 1. L. 86: (1)(a)(I)
amended, p. 1069, � 1, effective March 26; (1)(a)(I) repealed, pp. 1027, 1030, �� 8, 16, effective January 1, 1987. L. 89: (2) amended, p. 1134, � 82, effective July 1. L. 91: (1)(a)(IV) added, p. 793, � 21, effective June 4. L. 96: IP(1), (1)(a)(II), (1)(a)(III), (1)(a)(IV), (1)(b), (2), (3)(a)(I), (3)(c)(III), (3)(d), and (3)(i)(III) amended, p. 475, � 17, effective July 1.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.
Cross references: For the Refunding Revenue Securities Law, see article
54 of title 11.
C.R.S. § 32-1-1802
32-1-1802. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is the policy of the state of Colorado to encourage public contracting
procedures that encourage competition, openness, and impartiality to the maximum extent possible.
(b) Competition exists not only in the costs of goods and services, but in the
technical competence of the providers and suppliers in their ability to make timely completion and delivery and in the quality and performance of their products and services.
(c) Timely and effective completion of public projects can be achieved
through a variety of methods when procuring goods and services for public projects.
(d) In enacting this part 18, the general assembly intends to establish for
special districts and agencies of special districts an optional alternative public project delivery method.
Source: L. 2007: Entire part added, p. 1818, � 4, effective August 3.
C.R.S. § 32-1-1803
32-1-1803. Definitions. As used in this part 18, unless the context otherwise requires:
(1) Agency means any special district organized under this title or any
other political subdivision that such district may create pursuant to state law that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 18.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities, and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewer services and facilities, and lands, buildings, structures, improvements, equipment, and any other services or facilities authorized under this article or for public education to the extent the boundaries of the agency and the school district are coterminous.
Source: L. 2007: Entire part added, p. 1819, � 4, effective August 3.
C.R.S. § 32-1-1804
32-1-1804. Integrated project delivery contracts - authorization - effect of other laws. (1) Notwithstanding any other provision of law, and without limiting or modifying any alternative for public contracting by an agency authorized by any other provision of law, any agency may award an IPD contract for a public project under the provisions of this part 18 upon the determination by such agency that integrated project delivery represents a timely or cost-effective alternative for a public project.
(2) Nothing in this part 18 shall be construed as exempting any agency or
participating entity from applicable federal, state, or local laws, regulations, or ordinances governing labor relations, professional licensing, public contracting, or other related laws, except to the extent that an exemption is created under such legal authority or is granted by necessary implication from such legal authority. Notwithstanding any other provision of law, the requirements of section 32-1-1001 (1)(d)(I) shall not apply to any agency awarding an IPD contract pursuant to this part 18. Notwithstanding any other provision of law, the definitions contained in section 7-45-102, C.R.S., shall not apply to a project undertaken pursuant to this title.
Source: L. 2007: Entire part added, p. 1820, � 4, effective August 3.
C.R.S. § 32-1-1805
32-1-1805. Integrated project delivery contracting process - prequalification of participating entities - apprentice training. (1) An agency may prequalify participating entities for an IPD contract by publication of notice of its request for qualifications prior to the date set forth in the notice. A request for qualifications may contain the following elements and such additional information as may be requested by the agency:
(a) A general description of the proposed public project;
(b) Relevant budget considerations;
(c) Requirements of the participating entity, including:
(I) If the participating entity is a partnership, limited partnership, limited
liability company, joint venture, or other association, a listing of all of the partners, general partners, members, joint venturers, or association members known at the time of submission of qualifications;
(II) Evidence that the participating entity, or the constituent entities or
members thereof, has completed or has demonstrated the experience, competency, capability, and capacity, financial and otherwise, to complete projects of similar size, scope, or complexity;
(III) Evidence that the proposed personnel of the participating entity have
sufficient experience and training to completely manage and complete the proposed public project; and
(IV) Evidence of all applicable licenses, registrations, and credentials
required to provide the proposed services for the public project, including but not limited to information on any revocation or suspension of any such license, registration, or credential.
(d) The criteria for prequalification.
(2) From the participating entities responding to the request for
qualifications, the agency shall prepare and announce a short list of participating entities that it determines to be most qualified to receive a request for proposal.
(3) Where an apprentice program as defined in section 8-15.7-101 (4) or
certified by the office of apprenticeship in the employment and training administration in the United States department of labor exists in a county in which all or any portion of the special district is located, or a comparable program for the training of apprentices is available in such county:
(a) Each participating entity shall demonstrate to the agency that it has
access to either the certified program or a comparable alternative; and
(b) Each participating entity shall demonstrate that each of its
subcontractors, at any tier, selected to perform work under a contract with a value of two hundred fifty thousand dollars or more has access to either the certified program or a comparable alternative.
Source: L. 2007: Entire part added, p. 1820, � 4, effective August 3. L. 2021:
IP(3) amended, (SB 21-1007), ch. 309, p. 1894, � 15, effective July 1.
C.R.S. § 32-1-702
32-1-702. Requirements for dissolution petition. (1) A petition for dissolution must generally describe the territory embraced in the special district; must have a map showing the special district, a current financial statement of the special district, and a plan for final disposition of the assets of the special district and for payment of the financial obligations of the special district; must state whether or not the services of the special district are to be continued and, if so, by what means; and must state whether the existing board or a portion thereof is to continue in office, subject to court appointment to fill vacancies. Said petition may provide for the regional service authority board, the board of county commissioners, or the governing body of the municipality to act as the board in accordance with section 32-1-707.
(2) The special district's current financial statement shall be accompanied
by adequate evidence of compliance with the requirements of subsection (3) of this section.
(3) The petition for dissolution shall provide for one of the following:
(a) A certificate that the special district has no financial obligations or
outstanding bonds;
(b) A plan for dissolution stating that there are financial obligations or
outstanding bonds but that the special district will not continue in existence and specifically providing that funds or securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., will be placed in escrow, prior to dissolution, in a state or national bank within this state having trust powers and which is a member of the federal deposit insurance corporation and stating that such funds or securities will be sufficient for the payment of the financial obligations and outstanding bonds and all expenses relating thereto, including charges of any escrow agent;
(c) A plan for dissolution stating that there are financial obligations or
outstanding bonds and specifically providing that the special district will continue in existence to such extent as is necessary to adequately provide for the payment of such financial obligations and outstanding bonds.
(4) The petition for dissolution shall also provide for one of the following:
(a) A statement that the services of the special district will not be continued
within such district;
(b) (I) A plan for dissolution specifically providing that services are to be
continued within the special district by one or more regional service authorities, municipalities, counties, intergovernmental authorities formed and operated under part 2 of article 1 of title 29, C.R.S., or other special districts, or any combination thereof, and incorporating an agreement with such regional service authority, municipality, county, intergovernmental authority, or other special district, or any combination thereof, under which responsibility for all services presently provided by the special district will be assumed by such entity. Such agreement shall provide for the operation and maintenance of the system or facilities of the special district by the regional service authority, municipality, county, intergovernmental authority, or other special district, provisions for service, rates, and charges, and, if applicable, provisions concerning acquisition of the special district's system or facilities, consolidation or inclusion of territory, and procedures for contract modification, employee rights, and retirement benefits. Such agreement may include provisions for certification of levies by the special district continuing in existence under paragraph (c) of subsection (3) of this section, the contracting regional service authority, municipality, county, intergovernmental authority, or other special district providing the services. Any agreement concerning fire protection districts entered into pursuant to this subsection (4) shall include provisions for the continuation of paid employees' rights pursuant to section 32-1-1002 (2) and the retirement benefits of paid firefighters as provided in parts 2 and 4 of article 30.5 and article 31 of title 31, C.R.S., and the retirement benefits of volunteer firefighters under part 11 of article 30 of title 31, C.R.S.
(II) If a portion of a special district is located within the boundaries of a
municipality and a dissolution proceeding has been initiated by the special district, the board shall hold a public hearing for residents in the unincorporated area of the special district to express their views concerning the provision of services to the unincorporated portions of the special district at the time of negotiation of the agreement or any modification thereof.
(5) Any plan for dissolution shall include adequate provision for continuance
of existing services, and the financing thereof, to all areas of the special district being dissolved if such services are essential for the health, welfare, and safety of those residents of the special district being dissolved.
Source: L. 81: Entire article R&RE, p. 1569, � 1, effective July 1. L. 89: (3)(b)
amended, p. 1116, � 31, effective July 1. L. 91: (4)(b)(I) amended, p. 796, � 1, effective April 10. L. 95: (4)(b)(I) amended, p. 1385, � 18, effective June 5. L. 96: (4)(b)(I) amended, p. 942, � 8, effective May 23. L. 2022: (1) amended, (HB 22-1097), ch. 31, p. 177, � 2, effective August 10.
Editor's note: This section is similar to former � 32-1-604 as it existed prior to
1981.
Cross references: For the legislative declaration contained in the 1995 act
amending subsection (4)(b)(I), see section 1 of chapter 254, Session Laws of Colorado 1995.
C.R.S. § 32-1-707
32-1-707. Order of dissolution - conditions attached. (1) (a) If a majority of the eligible electors voting at the election approve the question of dissolution, the judge shall enter an order dissolving the special district for all purposes or for all purposes except those reserved in the plan, as the case may be.
(b) The order of dissolution shall:
(I) State that there are no financial obligations or outstanding bonds or that
any such financial obligations or outstanding bonds are adequately secured by escrow funds or securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.;
(II) If the special district has financial obligations or outstanding bonds,
incorporate the applicable financial provisions of the findings of the court accepting the plan for dissolution entered into pursuant to section 32-1-704 (4);
(III) Incorporate the applicable service provisions of the findings of the court
accepting the plan for dissolution entered into pursuant to section 32-1-704 (3) or (4).
(2) (a) Whenever the special district will continue in existence pursuant to
the provisions of section 32-1-702 (3)(c), the court may provide that all or certain directors of the board of the special district being dissolved remain in office to perform duties pursuant to subsections (3) and (4) of this section. The remaining directors of the board shall not be subject to election. Any vacancies on the board shall be filled by appointment by the court.
(b) If a portion of the special district being dissolved lies outside the
contracting regional service authority, municipality, county, intergovernmental authority formed and operated under part 2 of article 1 of title 29, C.R.S., or other special district providing the services, the court, from time to time, shall appoint directors to the board so that proportionate representation is provided, taking into account the size, population, and valuation for assessment within and without the regional service authority, municipality, county, intergovernmental authority, or other special district.
(c) If the special district being dissolved lies entirely within the corporate
limits of a municipality and such municipality is providing the same services within the area of the special district being dissolved, the court shall order that the governing body of such municipality shall serve as the board of the special district to perform the duties specified in this section.
(3) If the special district is to continue in existence for the purpose of the
payment of financial obligations or outstanding bonds, the order of dissolution shall provide that:
(a) The board shall be responsible for setting rates, tolls, fees, or charges
and certifying to the board of county commissioners the amount of revenue to be raised by the annual mill levy of the special district necessary for payment of the special district's financial obligations and outstanding bonds; and
(b) The contracting regional service authority, municipality, county,
intergovernmental authority formed and operated under part 2 of article 1 of title 29, C.R.S., or other special district providing the services shall be responsible for fixing the rates, tolls, fees, or charges needed to finance the services being provided pursuant to the provisions of section 32-1-702 (4)(b).
(4) (a) In any case in which an agreement has been made for continuation of
services within the special district pursuant to the provisions of section 32-1-702 (4)(b), the court may authorize the board to continue in existence for the purpose of assuring the performance of any condition of such agreement, including negotiations relating to any future modifications of the agreement, procedures for which are provided in the original agreement for services.
(b) The court's order may in such case specify that its jurisdiction over the
dissolution continues for the purpose of considering any future modifications of the agreement or other questions concerned with performance of the agreement.
(5) A certified copy of the order of dissolution shall be filed with the county
clerk and recorder of the county or counties in which the special district is located and with the division by the clerk of the court. The costs of such filing shall be paid with remaining funds of the district. If there are no remaining funds of the district, the division may claim the exemption from payment of recording fees imposed in section 30-1-103, C.R.S., at the time the copy of the order is filed for recording.
(6) The order of dissolution shall be final and conclusive against all persons;
except that an action may be instituted by the state of Colorado in the nature of quo warranto commenced within thirty-five days after the order of dissolution. The dissolution of said district shall not be directly or collaterally questioned in any suit, action, or proceeding except as expressly authorized in this subsection (6).
Source: L. 81: Entire article R&RE, p. 1572, � 1, effective July 1. L. 89: (1)(b)(I)
amended, p. 1117, � 33, effective July 1. L. 91: (2)(b) and (3)(b) amended, p. 797, � 3, effective April 10. L. 92: (1)(a) and (2)(a) amended, p. 883, � 121, effective January 1, 1993. L. 2012: (6) amended, (SB 12-175), ch. 208, p. 882, � 148, effective July 1. L. 2014: (5) amended, (HB 14-1073), ch. 30, p. 177, � 5, effective July 1.
Editor's note: This section is similar to former �� 32-1-609 and 32-1-611 as
they existed prior to 1981.
C.R.S. § 32-1-708
32-1-708. Disposition of remaining funds - unpaid tax or levies. (1) If services are to be continued within the special district, all funds remaining in the treasury of such special district in excess of all financial obligations and outstanding bonds shall be utilized, upon completion of the requirements for dissolution, to reduce the rates, tolls, fees, and charges fixed by the contracting municipality, county, intergovernmental authority formed and operated under part 2 of article 1 of title 29, C.R.S., other special district, or regional service authority to finance the services continued in the special district. If services are not to be continued within the special district, such funds shall be divided among the municipalities and counties in which the special district is located, pro rata, as the valuation for assessment of taxable property in the parts of the special district lying in each municipality and unincorporated portions of each county bears to the total valuation for assessment of the taxable property of the special district as determined by the respective county assessors for the preceding tax year.
(2) All outstanding and unpaid tax sales and levies of a dissolved special
district shall be valid and remain a lien against the property against which they are assessed or levied until paid, subject, however, to the limitations of liens of tax certificates and of certificates of purchase provided by general law. The board of county commissioners has the same power to enforce the collection of all outstanding tax sales of the special district as the special district would have had if it had not been dissolved. Taxes paid or collected after dissolution shall be distributed in the same manner as provided in subsection (1) of this section.
Source: L. 81: Entire article R&RE, p. 1573, � 1, effective July 1. L. 91: (1)
amended, p. 797, � 4, effective April 10.
Editor's note: This section is similar to former � 32-1-612 as it existed prior to
1981.
C.R.S. § 32-11-204
32-11-204. Regular appointments. (1) The mayor of the city and county of Denver or the deputy mayor shall be ex officio a director.
(2) Except as otherwise provided in this article, the other directors shall be
chosen as provided in this section.
(3) (a) Two directors shall be appointed to the board by the city council of the
city and county of Denver after the second Tuesday in January in each odd-numbered year and by the twentieth day of January in such year. One director shall be appointed to the board by such city council during such part of January in each even-numbered year.
(b) Each director appointed pursuant to this subsection (3) shall be a
member of such city council and shall remain as such during his term of office as director.
(4) (a) A director shall be appointed to the board by the board of county
commissioners of each of the counties of Adams and Boulder and by the city council of the city and county of Broomfield after the second Tuesday in January in each odd-numbered year and by the twentieth day of January in such year; except that, in 2001, the city council of the city and county of Broomfield shall appoint a director after November 15, 2001. A director shall be appointed to the board by the board of county commissioners of each of the counties of Arapahoe, Douglas, and Jefferson during such part of January in each even-numbered year.
(b) Each director appointed pursuant to this subsection (4) shall be a
member of the board of county commissioners appointing him to be a director and shall remain as such during his term of office as director.
(5) (a) A director shall be appointed to the board by the governor from each
of the counties of Arapahoe, Douglas, and Jefferson after the second Tuesday in January in each odd-numbered year and by the twentieth day of January in such year. A director shall be appointed to the board by the governor from each of the counties of Adams and Boulder during such part of January in each even-numbered year.
(b) Each director appointed pursuant to this subsection (5) shall be an
executive officer of a municipality with a population of one hundred thousand or less, as determined by the latest Denver regional council of governments' estimate, which is located wholly or in part in the county from which he is appointed, shall be a resident of such county, and shall remain as such an executive officer and such a county resident during his term of office as director.
(5.5) The mayor or the mayor pro tem of any city located within the district
and having a population in excess of one hundred thousand, as determined by the latest Denver regional council of governments' estimate, shall be ex officio a director.
(6) (a) On or after the twenty-first day of January of each year but on or
before the last day of January in such year, a director shall be appointed to the board by such board, including as members thereof for the purposes of this subsection (6) each director newly appointed in such month to the board as provided in subsections (3) to (5) of this section, and including each incumbent director whose regular term of office does not end on the last day of such month, but excluding each incumbent director whose regular term of office ends on the last day of such month.
(b) Each director appointed pursuant to this subsection (6) shall be a
professional engineer licensed by the state, an elector of the district, and not an officer in the regular employment of any public body. Each such director shall remain so qualified during his or her term of office as director.
(c) No director appointed pursuant to this subsection (6) shall be deemed to
be in the regular employment of such a public body designated in paragraph (b) of this subsection (6) merely because the director or an engineering firm of which he is a member or with which he is otherwise associated is engaged as an independent contractor by the public body.
(d) For the purposes of this subsection (6), a quorum of the board shall
constitute a majority of the body composed of the mayor of the city and county of Denver or the deputy mayor and such other directors authorized to appoint such remaining director as provided in paragraph (a) of this subsection (6). Each such appointment shall be by motion adopted by a majority of such directors, including the mayor or the deputy mayor, constituting a quorum.
(e) The secretary of the board shall give at least five days' mailed notice of a
special or regular meeting designated by the board for considering each such appointment. Such notice shall be addressed to each such director authorized to make such a remaining appointment at the mailing address designated by him in the records of the district.
(7) Each appointing authority designated in subsections (3) to (6) of this
section shall cause each newly appointed director, each other appointing authority, the mayor of the city and county of Denver or the deputy mayor, and the secretary of the board to be notified forthwith of each such appointment.
(8) If any appointing authority designated in subsections (3) to (6) of this
section fails to appoint any director to the board as therein provided and to cause notification of such appointment to be given pursuant to subsection (7) of this section, at the time, subject to the limitations, and otherwise as provided in said subsections (3) to (6), the governor forthwith shall make such appointment and shall cause notice thereof to be given as provided in said subsections (3) to (6) for the appointing authority.
(9) Except as otherwise provided in this article, any incumbent may be
reappointed as a director to the board.
Source: L. 69: p. 745, � 8. C.R.S. 1963: � 89-21-8. L. 70: p. 298, � 116. L. 81: (1),
(6)(d), and (7) amended, p. 1648, � 1, effective May 26. L. 89: (5)(b) amended and (5.5) added, p. 1325, � 3, effective April 12. L. 2001: (4)(a) amended, p. 267, � 8, effective November 15. L. 2004: (6)(b) amended, p. 1314, � 65, effective May 28. L. 2022: (5)(a) amended, (SB 22-015), ch. 18, p. 132, � 1, effective August 10.
C.R.S. § 32-11-208
32-11-208. Board's administrative powers. (1) The board, on behalf and in the name of the district, has the following powers:
(a) To fix the time and place at which its regular meetings shall be held
within the district and to provide for the calling and holding of special meetings;
(b) To adopt and amend or otherwise modify bylaws and rules of procedure;
(c) To select one director as chairman of the board and of the district and
another director as chairman pro tem of the board and of the district, and to choose a secretary and a treasurer of the board and of the district, each of which two positions may be filled by a person who is, or is not, a director, and both of which positions may be filled by one person;
(d) To prescribe by resolution a system of business administration, and to
create all necessary offices, and to establish and reestablish the powers, duties, and compensation of all officers, agents, and employees and other persons contracting with the district subject to the provisions of section 32-11-212; but, except as may be otherwise therein provided, such compensation shall be established at prevailing rates of pay for equivalent services.
Source: L. 69: p. 748, � 13. C.R.S. 1963: � 89-21-13.
C.R.S. § 32-11-209
32-11-209. Additional administrative powers. (1) The board also has the following powers for the district:
(a) To require and fix the amount of all official fidelity and completion bonds
as may be necessary in the opinion of the board for the protection of the funds and property of the district, subject to the provisions of section 32-11-207;
(b) To prescribe a method of auditing and allowing or rejecting claims and
demands, except as provided in section 32-11-801 and elsewhere in this article;
(c) To provide a method for the letting of contracts on a fair and competitive
basis for the construction of works, the facilities, or any project, or any interest therein, or the performance or furnishing of labor, materials, or supplies as required in this article and to require a contractor's bond in the manner required of a school board and a school district in sections 38-26-101 and 38-26-105 to 38-26-107, C.R.S., as from time to time amended;
(d) To designate an official newspaper published in the district and to
publish any notice or other instrument in any additional newspaper when the board deems it necessary to do so;
(e) To make and pass resolutions and orders on behalf of the district, not
repugnant to the provisions of this article, necessary or proper for the government and management of the affairs of the district, for the execution of the powers vested in the district, and for carrying into effect the provisions of this article;
(f) To appoint, by written resolution, one or more persons to act as
custodians of the moneys of the district for purposes of depositing such moneys in any depository authorized in section 24-75-603, C.R.S. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.
Source: L. 69: p. 749, � 14. C.R.S. 1963: � 89-21-14. L. 77: (1)(c) amended, p.
288, � 62, effective June 29. L. 79: (1)(f) added, p. 1626, � 44, effective June 8.
C.R.S. § 32-11-222
32-11-222. Powers of public bodies. (1) The governing body of any public body, upon its behalf and in its name, for the purpose of aiding and cooperating in any project authorized in this article, upon the terms and with or without consideration and with or without an election, as the governing body determines, has power under this article:
(a) To sell, lease, loan, donate, grant, convey, assign, transfer, and otherwise
dispose to the district any facilities or any other property, or any interest therein, pertaining to any project (or any combination thereof);
(b) To make available to the district for temporary use, or otherwise to
dispose of any machinery, equipment, facilities, and other property, and any agents, employees, persons with professional training, and any other persons, to effect the purposes of this article. Any such property owned and persons in the employ of any public body while engaged in performing for the district any service, activity, or undertaking authorized in this article, pursuant to contract or otherwise, shall have and retain all of the powers, privileges, immunities, rights, and duties of, and shall be deemed to be engaged in the service and employment of, such public body, notwithstanding that such service, activity, or undertaking is being performed in or for the district.
(c) To enter into any agreement or joint agreement between or among the
federal government, the district, and any public bodies (or any combination thereof) extending over any period not exceeding fifty years, which is mutually agreed thereby, notwithstanding any law to the contrary, respecting action or proceedings pertaining to any power granted in this article, and the use or joint use of any facilities, project, or other property herein authorized;
(d) To sell, lease, loan, donate, grant, convey, assign, transfer, or pay over to
the district any facilities or any project authorized in this article, or any part or parts thereof, or any interest in personal property or real property, or any funds available for acquisition, improvement, or equipment purposes, including the proceeds of any securities issued for acquisition, improvement, or equipment purposes which may be used by the district in the acquisition, improvement, equipment, maintenance, and operation of any facilities or project authorized in this article (or any combination thereof);
(e) To transfer, grant, convey, or assign and set over to the district any
contracts which may have been awarded by the public body for the acquisition, improvement, or equipment of any project not begun or, if begun, not completed;
(f) To budget and appropriate, and each public body is required and directed
to budget and appropriate from time to time the proceeds of taxes, service charges, and other revenues legally available therefor to pay all obligations arising from the exercise of any powers granted in this article as such obligation accrues and becomes due;
(g) To provide for an agency, by any agreement authorized in this article, to
administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement;
(h) To provide that any such agency shall possess the common power
specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement. Such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties, which party shall be designated by the agreement.
(i) To continue any agreement authorized in this article for a definite term not
exceeding fifty years, or until rescinded or terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party.
Source: L. 69: p. 761, � 34. C.R.S. 1963: � 89-21-34.
PART 3
TAXATION AND SERVICE CHARGES
C.R.S. § 32-11-306
32-11-306. Service charges. (1) (a) The urban district, as provided in section 32-11-217 (1)(e) and elsewhere in this article, may fix, modify, and collect, or cause to be collected, service charges for direct or indirect connection with, or the use or services of, the facilities of the district, including without limitation minimum charges and charges for the availability of the facilities or services relating thereto.
(b) Such service charges may be charged to and collected in advance or
otherwise by the district at any time or from time to time from any person owning real property within the district or from any occupant of such property which directly or indirectly is, has been, or will be connected with the drainage and flood control system of the district or from which or on which originates or has originated rainfall, other surface and subsurface drainage, and storm and flood waters (or any combination thereof) which have entered or may enter such system, and such owner or occupant of any such real property shall be liable for and shall pay such service charges to the district at the time when and place where such service charges are due and payable.
(c) Such service charges of the district may accrue from any date on which
the board reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument pertaining thereto or in any contract with any person, that the facilities comprising the system or any project being acquired or improved and equipped will be available for service or use.
(2) (a) Such service charges, as nearly as the district deems practicable and
equitable, shall be reasonable, and shall be uniform throughout the district for the same type, class, and amount of use or service of the district's system, and may be based or computed on measurements of drainage flow devices duly provided and maintained by the district or by any user as approved by the district, or on the consumption of water in or on or in connection with the real property, making due allowance for commercial and other use of water discharged into any sanitary sewer system and for any infiltration of groundwater and discharge of surface runoff into such sewer system, or on the capacity of the capital improvements in or on or connected with the real property, or upon the availability of service or readiness to serve by the district's system, or on any other factors determining the type, class, and amount of use or service of the district's system, or on any combination of such factors. The district may give weight to the characteristics of any real property, including without limitation the characteristics of capital improvements, both proposed and existing, in any subdivision or other area in the urban district, and any other special matter affecting the runoff of rainfall, of other surface and subsurface drainage, and of storm and flood waters (or any combination thereof) from such real property directly or indirectly into the district's facilities.
(b) Reasonable penalties may be fixed for any delinquencies, including
without limitation interest on delinquent service charges from any date due at a rate of not exceeding one percent per month, or fraction thereof, reasonable attorneys' fees, and other costs of collection.
(3) The district may prescribe and from time to time when necessary revise a
schedule of such service charges, which shall comply with the terms of any contract of the district, and in any event shall be such that the revenues from the service charges of the district will at all times be adequate, except to the extent that the proceeds of any taxes or other moneys are available and used, after an allowance is made for delinquencies accrued and reasonably estimated to accrue by the board in the payment of such service charges, whether resulting from any delinquency of any person or from any other cause:
(a) To pay all operation and maintenance expenses;
(b) To pay punctually the principal of and interest on any securities payable
from revenues of the district's facilities and issued or to be issued by the district;
(c) To maintain such reserves or sinking funds therefor; and
(d) To pay any expenses incidental to the facilities of the district or any
project authorized in this article, any contingencies, acquisitions, improvements, and equipment, and any other cost, as may be required by the terms of any contract of, or as may be deemed necessary or desirable by, the district.
(4) Such schedule shall thus be prescribed and from time to time revised by
the district. A public hearing thereon may be, but is not required to be, held by the district at least seven days after such published notice is given, as the district may determine to be reasonable. The district shall fix and determine the time or times when and the place or places where such service charges shall be due and payable and may require that the service charges shall be paid in advance for a period of not more than one year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the district and shall at all reasonable times be open to public inspection.
(5) The general assembly has determined and hereby declares that the
obligations arising from time to time of any person to pay service charges fixed in connection with the district's facilities shall constitute general obligations of the public body or other person charged with their payment; but as such obligations accrue for current services and benefits from and use of such facilities, the obligations shall not constitute an indebtedness of the public body within the meaning of any constitutional, charter, or statutory limitation, or other provision restricting the incurrence of any debt.
(6) No board, agency, bureau, commission, or official other than the board of
the district has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges, nor to prescribe, supervise, or regulate the performance of services pertaining to the district's facilities, as authorized in this article; but this subsection (6) is not a limitation on the contracting powers of the district acting by and through its board.
Source: L. 69: p. 758, � 31. C.R.S. 1963: � 89-21-31.
PART 4
ELECTIONS
C.R.S. § 32-11-616
32-11-616. Construction contracts. (1) No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded nor shall the board incur any expense or any liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications, and notices until after the provisional order hearing and notice thereof provided for in this article have been had and given.
(2) The board may advertise by publication for proposals for doing the work
whenever the board desires, but the contract shall not be made or awarded before the time stated in subsection (1) of this section.
(3) In the case of construction work done by independent contract for any
project or portion thereof in any improvement district, the engineer or any purchasing officer of the urban district, as provided by the board, shall request competitive bids and publish notice stating that bids will be received at a time and at a place designated therein.
(4) The urban district may contract only with the responsible bidder
submitting the lowest and best bid upon proper terms.
(5) The district has the right to reject any and all bids and to waive any
irregularity in any bid.
(6) Any contract may be let on a lump-sum or on a unit basis.
(7) No contract shall be entered into for such work unless the contractor
gives an undertaking with a sufficient surety approved by the board and in an amount fixed by it for the faithful performance of the contract, substantially as required of a school board and a school district by sections 38-26-101 and 38-26-105 to 38-26-107, C.R.S., as from time to time amended, except as expressly otherwise provided in this article.
(8) Upon default in the performance of any contract, the engineer, or any
purchasing officer, as directed by motion of the board, may advertise and may relet the remainder of the work without further resolution and may deduct the cost from the original contract price and may recover any excess cost by suit on the original bond, or otherwise.
(9) All contracts shall provide, among other things, that the person entering
into the contract with the urban district will pay for all materials furnished and for services rendered for the performance of the contract and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein. Final settlement shall be effected substantially as required by section 38-26-107, C.R.S., as from time to time amended, and all laws thereunto enabling.
(10) If any contract or any agreement is made in violation of the provisions of
this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the urban district.
(11) To the extent the urban district makes any payment thereunder, such
contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments unless theretofore the urban district elects to void the contract or the agreement in its entirety and to recover any such payment from the party to whom made.
(12) The board, except as expressly limited in this article, may in the letting
of contracts impose such conditions upon bidders with regard to bonds and to securities, and such guaranties of good and faithful performance, completion of any work, and the keeping of the same in repair, and may provide for any further matter or thing in connection therewith as may be considered by the board to be advantageous to the urban district and to all interested persons.
Source: L. 69: p. 791, � 129. C.R.S. 1963: � 89-21-129. L. 77: (7) and (9)
amended, p. 288, � 65, effective June 29.
C.R.S. § 32-11-617
32-11-617. Extra work authorized - payment. Extra work may arise in connection with any project mentioned in this article and not particularly provided for in the plans, specifications, estimates, bids and contracts; and such extra work shall be performed by the contractor at the direction of the engineer at cost of labor and materials and overhead including superintendence as set forth in the plans, specifications, or construction contract, such amount to be included in the assessment for the project (but not exceeding in the aggregate the estimated maximum special benefits to any tract so assessed) or to be paid out of the general or other funds of the district available therefor, in the discretion of the board.
Source: L. 69: p. 793, � 130. C.R.S. 1963: � 89-21-130.
C.R.S. § 32-11-621
32-11-621. Assessment debentures. (1) For the purpose of paying any contractor of or otherwise defraying any cost of the project in connection with any improvement district as the same becomes due from time to time until moneys are available therefor from the levy and collection of assessments and from any issuance of assessment bonds, the board may issue assessment debentures on the behalf and in the name of the urban district as provided in sections 32-11-501 (3) and 32-11-502 to 32-11-526 and elsewhere in this article, except as otherwise provided in sections 32-11-621 to 32-11-631.
(2) Any assessment debentures issued for any construction work shall be
issued only upon estimates of the engineer.
(3) Any assessment debentures shall be special obligations payable from
designated special assessments, any proceeds of special assessment bonds, and any other moneys designated to be available for the redemption of such debentures and authorized in this article to be pledged as additional security for the payment of such bonds.
Source: L. 69: p. 794, � 134. C.R.S. 1963: � 89-21-134.
C.R.S. § 32-11-622
32-11-622. Issuance of assessment securities. (1) The board has power in connection with any improvement district to issue, on the behalf and in the name of the urban district, bonds in an amount not exceeding the estimated cost of the project or part thereof to be defrayed by the levy and collection of assessments, or if the bonds are issued after the levy of assessments, in an aggregate principal amount not exceeding the aggregate amount of unpaid assessments pledged for the payment of the bonds as provided in sections 32-11-501 (3) and 32-11-502 to 32-11-526 and elsewhere in this article, except as otherwise provided in sections 32-11-622 to 32-11-631.
(2) Any assessment bonds may be issued at public or private sale to defray
the cost of the project, including any temporary advances evidenced by assessment debentures or otherwise and all proper incidental expenses.
(3) The board may enter into a contract to sell assessment debentures and
assessment bonds at any time; but, any other provisions of this article notwithstanding, if the board so contracts before it awards a construction contract or otherwise contracts for acquiring or improving, or acquiring and improving, the project, the board may terminate the contract to sell such securities if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement, or acquisition and improvement, of the project, the board determines not to acquire or improve, or acquire and improve, the project, and if the board has not elected to proceed under section 32-11-615 other than by independent contract pursuant to section 32-11-615 (1)(a), if at all.
Source: L. 69: p. 794, � 135. C.R.S. 1963: � 89-21-135.
C.R.S. § 32-14-106
32-14-106. Board of directors - membership - qualifications. (1) The district created in section 32-14-104 shall be governed by a board of directors, which consists of seven directors. No director shall be an elected official.
(2) The seven directors shall be appointed by the governor, with the consent
of the senate, for four-year terms. Appointments made to the board while the senate is not in session shall be temporary appointments, and the appointees shall serve on a temporary basis until the senate is in session and is able to confirm such appointments. Each director shall hold office until the director's successor is appointed.
(3) All directors shall have expertise in one or more areas which are relevant
to the performance of the powers and duties of the board. Such areas of expertise may include, but are not limited to: Public finance; private finance; commercial law; commercial real estate; real estate development; general contracting; architecture; and administration of baseball operations.
(4) All directors shall reside within the geographical boundaries of the
district.
(5) Any director may be removed at any time during the director's term at the
pleasure of the governor. If any director vacates the director's office during the term for which appointed to the board, a vacancy on the board exists, and the governor shall fill such vacancy by appointment for the remainder of such unexpired term, subject to confirmation by the senate.
(6) The directors shall elect a chairman and a vice-chairman from among the
membership of the board.
(7) All business of the board shall be conducted at regular or special
meetings, which shall be held within the geographical boundaries of the district and which shall be open to the public. This subsection (7) and part 4 of article 6 of title 24 apply to all meetings of the board.
(8) Board action shall require the affirmative vote of a majority of the total
membership of the board.
(9) Directors of the board shall receive no compensation for their services
but may be reimbursed for their necessary expenses while serving as directors of the board.
Source: L. 89: Entire article added, p. 1329, � 1, effective June 6. L. 90: (7)
amended, p. 1518, � 3, effective April 16. L. 91: (7) amended, p. 821, � 9, effective June 1. L. 2022: (1), (2), (5), and (7) amended, (SB 22-013), ch. 2, p. 73, � 98, effective February 25.
C.R.S. § 32-14-125
32-14-125. Management agreement - operation of stadium. Upon the approval of the registered electors pursuant to the provisions of section 32-14-105 and upon the granting of a major league baseball franchise by major league baseball to be located within the district, the board shall negotiate and enter into one or more management agreements for the management and operation of the stadium with independent contractors upon such terms and conditions which the board deems reasonable and necessary. Such agreements shall be legally binding contracts between the district and professional management organizations which shall contain appropriate and reasonable provisions with respect to termination, default, and legal remedies. For purposes of this section, professional management organization means a person, firm, or corporation having experience, expertise, and specialization in the management and operation of sports, entertainment, or convention facilities, or in a particular area therein.
Source: L. 89: Entire article added, p. 1338, � 1, effective June 2. L. 90: Entire
section amended, p. 1524, � 15, effective April 16.
C.R.S. § 32-15-105
32-15-105. Board of directors - membership - qualifications. (1) The district shall be governed by a board of directors which shall consist of nine directors as follows:
(a) Six directors representing the counties and the city and county of Denver
in the metropolitan Denver area of which one director shall be appointed by the county commissioners of each of the counties of Adams, Arapahoe, Boulder, Douglas, and Jefferson and one director shall be appointed by the mayor and the city council of the city and county of Denver;
(b) Two directors at large appointed by the governor; and
(c) The chairperson of the board of directors of the Denver metropolitan
major league baseball stadium district created in section 32-14-106.
(2) The directors shall be appointed for four-year terms.
(3) All directors appointed pursuant to paragraph (a) of subsection (1) of this
section shall reside within the geographical boundaries of the district. No director shall be a paid employee of the franchise.
(4) All directors appointed pursuant to paragraphs (a) and (b) of subsection
(1) of this section shall have expertise in one or more areas that are relevant to the performance of the powers and duties of the board. Such areas of expertise may include, but are not limited to: Public finance; private finance; commercial law; commercial real estate; real estate development; general contracting; architecture; and administration of football operations.
(5) The directors shall elect a chairperson and a vice-chairperson from
among the membership of the board.
(6) All business of the board shall be conducted at regular or special
meetings that shall be held within the geographical boundaries of the district and that shall be open to the public. The provisions of this subsection (6) and part 4 of article 6 of title 24, C.R.S., shall apply to all meetings of the board.
(7) Board action shall require the affirmative vote of a majority of the total
membership of the board.
(8) Directors of the board shall receive no compensation for their services
but may be reimbursed for their necessary expenses while serving as directors of the board.
Source: L. 96: Entire article added, p. 1055, � 1, effective May 23. L. 2022: (2)
amended, (SB 22-013), ch. 2, p. 74, � 99, effective February 25.
C.R.S. § 32-15-106
32-15-106. Board of directors - powers and duties. (1) In addition to any other powers specifically granted to the board in this article 15, the board has the following duties and powers:
(a) To review any reports and studies made and to obtain any additional
reports and studies it deems necessary pertaining to the costs of maintaining and repairing Mile High stadium and the costs of renovating Mile High stadium or building a new stadium and to make a determination of whether it is more cost effective and economically viable to renovate Mile High stadium or build a new stadium than to maintain and repair Mile High stadium;
(b) To require such documentation as the board determines necessary
showing that the franchise has been or will be released from its existing lease for use of a stadium before a lease between the district and the franchise for use of the new or renovated stadium commences;
(c) To negotiate an agreement with the franchise requiring the franchise to
pay twenty-five percent of the actual construction costs of the stadium, including but not limited to professional fees, site acquisition costs, and materials and labor costs and requiring the franchise to pay for twenty-five percent of all costs in excess of the anticipated construction costs;
(d) To negotiate the lease of Mile High stadium if it is renovated or the new
stadium as set forth in section 32-15-122;
(e) To provide the counties within the district and the city and county of
Denver with a benefit from a portion of the revenues, other than sales tax revenues and admissions tax revenues, derived from the operation of Mile High stadium if it is renovated or the new stadium during the period of time the district is collecting the sales tax or the admissions tax or such longer period as the board may determine appropriate;
(f) After completion of the review, negotiations, and other matters set forth
in paragraphs (a) to (e) of this subsection (1) and if the board determines that there is a need to renovate Mile High stadium or to construct a new stadium and that the renovation of Mile High stadium or the construction of a new stadium is more cost effective and economically viable than maintaining and repairing Mile High stadium, the board shall then determine whether it is more cost effective and economically viable to renovate Mile High stadium or to construct a new stadium, after which the board shall adopt a resolution that, in addition to the statements required by section 32-15-107 (1)(b), includes, but shall not be limited to, the following declarations:
(I) That the board has reviewed the reports and studies pertaining to the
costs of repairing and maintaining Mile High stadium, the costs of renovating Mile High stadium, and the costs of building a new stadium and has made a determination that there is a need to renovate Mile High stadium or to construct a new stadium and that the renovation of Mile High stadium or the construction of a new stadium is more cost effective and economically viable than maintaining and repairing Mile High stadium;
(I.5) That it is more cost effective and economically viable to renovate Mile
High stadium or that it is more cost effective and economically viable to construct a new stadium;
(II) That the board has received adequate documentation assuring the board
that the franchise has been or will be released from its existing lease for use of a stadium before a lease between the district and the franchise for use of the renovated or new stadium commences;
(III) That the district has entered into an agreement with the franchise that
requires the franchise to provide twenty-five percent of the actual construction costs of the stadium, including but not limited to professional fees, site acquisition costs, and materials and labor costs and that requires the franchise to pay for twenty-five percent of all costs in excess of the anticipated construction costs;
(III.5) That the board, if it has determined that it is more cost effective and
economically viable to renovate Mile High stadium than to build a new stadium, has entered into a conditional or option contract or otherwise assured the acquisition of Mile High stadium, including any lands and interests in real and personal property commonly used for parking facilities, stadium facilities, and stadium site access, plus any additional lands and interests in real property as may be necessary for parking facilities, stadium facilities, and stadium site access;
(IV) If the board has determined that it is more cost effective and
economically viable to build a new stadium, that the commission has selected a site for construction of the stadium, a statement of the location of the site, and that the board has entered into a conditional or option contract or otherwise assured the acquisition of the selected stadium site and such other lands and interests in real and personal property as may be necessary for parking facilities, stadium facilities, and stadium site access;
(V) That the district has entered into a lease of Mile High stadium if it is
renovated or the new stadium with the franchise for the use of the stadium that meets the requirements set forth in section 32-15-122; and
(VI) That the board will provide the counties within the district and the city
and county of Denver with a benefit from the revenues, other than sales tax revenues and admissions tax revenues, derived from the operation of Mile High stadium if it is renovated or the new stadium during the period of time the district is collecting the sales tax or the admissions tax or such longer period as the board may determine appropriate;
(f.5) If the board has determined that it is more cost effective and
economically viable to renovate Mile High stadium, to enter into a conditional or option contract on behalf of the district or otherwise assure the acquisition of Mile High stadium, and such other lands and interests in real and personal property commonly used for parking facilities, stadium facilities, and stadium site access, plus any additional lands and interests in real property as may be necessary for parking facilities, stadium facilities, and stadium site access;
(g) If the board has determined that it is more cost effective and
economically viable to construct a new stadium, to enter into a conditional or option contract on behalf of the district or otherwise assure the acquisition of the selected site for the new stadium and such other lands and interests in real and personal property as may be necessary for parking facilities, stadium facilities, and stadium site access;
(g.5) In designing and constructing a new stadium, to arrange and coordinate
the provision of mass transit, including light rail, buses, and other forms of public transportation to service such stadium with the regional transportation district;
(h) To fix the time and place at which its regular and special meetings shall
be held within the geographical boundaries of the district;
(i) To adopt and, from time to time, amend or repeal rules of procedure and
bylaws not in conflict with the constitution and laws of the state;
(j) To hire such permanent and temporary staff as may be necessary to assist
the board in its duties;
(k) To sue and be sued;
(l) To maintain an office at such place as it may designate within the
geographical boundaries of the district;
(m) To exercise all powers necessary and requisite for the accomplishment
of the purposes for which the district is organized and capable of being delegated by the general assembly; and no enumeration of particular powers granted shall be construed to impair any general grant of power contained in this article or to limit any such grant to powers of the same class as those so enumerated;
(n) To enter into and execute all contracts, leases, intergovernmental
agreements, and other instruments in writing necessary or proper to the accomplishment of the purposes of this article, including, but not limited to, intergovernmental agreements concerning revenue sharing;
(o) To engage the services of private consultants and legal counsel to render
professional and technical assistance and advice in carrying out the purposes of this article; and
(p) To receive and accept from any source aid or contributions of money,
property, labor, or other things of value to be held, used, and applied to carry out the purposes of this article 15 subject to the conditions upon which the grants or contributions are made; except that no public money from the state, any city, town, city and county, or county, and any department, agency, or instrumentality of the United States of America shall be accepted or expended for any purpose set forth in this article 15. Notwithstanding any provision set forth in this subsection (1)(p), the board shall not be prohibited from receiving public money from the economic development commission created pursuant to section 24-46-102 (1) that is paid from the economic development fund created pursuant to section 24-46-105.
(2) After the board has completed the review and negotiations set forth in
paragraphs (a) to (e) of subsection (1) of this section and if the board has received notice from the secretary of state stating that a valid petition has been filed and verified and has adopted a resolution pursuant to paragraph (f) of subsection (1) of this section, in addition to any powers granted to the board in subsection (1) of this section or in this article, the board shall have the following powers and duties:
(a) To submit the question specified in section 32-15-107 (1) to the registered
electors within the geographical boundaries of the district at the 1998 general election;
(b) To contract for the planning, design, renovation, equipment, preservation,
operation, maintenance, and public transportation to Mile High stadium, if it is renovated, or the planning, design, construction, equipment, preservation, operation, maintenance, and public transportation to a new stadium and all necessary works incidental thereto;
(c) Repealed.
(d) To enter into such contracts as may be authorized in this article including,
but not limited to, contracts for the lease and sale of a stadium;
(e) To establish criteria for the renovation of Mile High stadium or for the
construction and design of a new stadium including, but not limited to, a requirement that the new stadium have a seating capacity at least equivalent to the seating capacity of Mile High stadium;
(f) To acquire on behalf of the district the selected stadium site for a new
stadium, or Mile High stadium if it is to be renovated, and such other lands and interests in real and personal property as may be necessary for parking facilities, stadium facilities, and stadium site access, by gift, contract, or other means; except that nothing in this paragraph (f) shall be construed to authorize the board to exercise the power of eminent domain pursuant to the applicable provisions of articles 1 to 7 of title 38, C.R.S.;
(g) (I) If Mile High stadium is to be renovated, to arrange with the City and
County of Denver to plan, replan, zone, or rezone any part of the stadium site or any other lands or interests in real property acquired in connection with the acquisition, renovation, maintenance, and operation of the stadium by the district pursuant to the provisions of this article;
(II) If a new stadium is to be built, to arrange with the city, town, city and
county, or county in which the selected stadium site is located to plan, replan, zone, or rezone any part of the selected stadium site, in connection with the acquisition, construction, maintenance, and operation of the stadium proposed or being undertaken by the district pursuant to the provisions of this article;
(h) (I) If Mile High stadium is to be renovated, to consult with the franchise
and other potential users before acquiring the stadium, establishing criteria for the renovation and redesign of the stadium, or contracting for the renovation of the stadium;
(II) If a new stadium is to be built, to consult with the franchise before
acquiring a stadium site, establishing criteria for the construction and design of a stadium, or contracting for the construction of a stadium;
(i) To borrow money, contract to borrow money for the purpose of issuing
bond anticipation notes pursuant to article 14 of title 29, C.R.S., contract to borrow money for the purpose of issuing special obligation bonds, and issue obligations for any of its corporate purposes and to fund such obligations, to refinance such obligations even if, in the case of refinancing or refunding bond anticipation notes, such refinancing or refunding is at a higher interest rate, and to refund such obligations as provided in this article subject to the requirements of section 20 of article X of the state constitution;
(j) To procure insurance against any loss in connection with its property and
other assets and liability for personal injury to or damage to property of others in such amounts and from such insurers as are necessary and reasonable for governmental entities owning similar facilities in the district;
(k) To procure insurance or guarantees from any public or private entity,
including, but not limited to, the state, any city, town, city and county, or county or any department, agency, or instrumentality of the United States of America for payment of any obligations issued by the district, including the power to pay premiums on any such insurance;
(l) To acquire, dispose of, and encumber real and personal property
including, without limitation, rights and interests in property, leases, and easements necessary to the functions or the operation of the district; except that nothing in this paragraph (l) shall be construed to authorize the board to exercise the power of eminent domain pursuant to the applicable provisions of articles 1 to 7 of title 38, C.R.S.;
(m) To fix and, from time to time, to increase or decrease fees, rentals, rates,
tolls, penalties, or other charges for services, programs, or facilities furnished by the district in connection with the operation of Mile High stadium if it is renovated or the new stadium, and the board may pledge such revenues or any portion thereof for the payment of any indebtedness of the district as provided in this article;
(n) To levy and collect a sales tax pursuant to the provisions of this article,
subject to the requirements of section 20 of article X of the state constitution, and the board may pledge such sales tax revenues or any portion thereof for the payment of any indebtedness of the district;
(n.5) To levy and collect, if the board so determines, a tax upon admissions to
a new stadium constructed by the district pursuant to the provisions of this article, subject to the requirements of section 20 of article X of the state constitution;
(o) To invest moneys received by the district pursuant to the provisions of
this article in accordance with the provisions of part 6 of article 75 of title 24, C.R.S.;
(p) To administer and use moneys received by the district in accordance with
the provisions of this article;
(q) To develop reporting and review requirements governing the receipt and
expenditures of any moneys received by the district pursuant to this article;
(r) To deposit any moneys of the district in any banking institution or savings
and loan association within the state as authorized in section 24-75-603, C.R.S., and to appoint, for purposes of making such deposits, one or more persons to act as custodians of the moneys of the district, who may be required to give surety bonds in such amounts and form and for such purposes as the board may require.
(3) If Mile High stadium is renovated or if a new stadium is built, the board
may sell or lease the name of the stadium and any symbol or image of the general design, appearance, or configuration of the stadium, including trademarks, service marks, trade names, and logos. Prior to making a determination to sell or lease the name of the stadium, the board shall assess the costs and benefits of such sale or lease and specifically consider the public sentiment and any other benefits associated with retaining the name Mile High stadium or with using any other name that reflects the geographical, historical, cultural, spiritual, or other qualities of the state. All proceeds from such sale or lease, if any, shall be used by the board to pay the principal, interest, and prepayment premium, if any, on outstanding special obligation bonds issued by the board pursuant to the provisions of this article.
(4) The board shall not use any money received from the franchise to
accomplish or exercise any powers and duties of the board prior to the holding of the election authorized pursuant to section 32-15-107.
(5) In carrying out its duties in connection with the operation of the stadium,
the board shall duly consider:
(a) That all food and beverage concession contracts at the new stadium, or
at Mile High stadium if it is renovated, be competitively bid in accordance with the provisions of article 103 of title 24, C.R.S.;
(b) That, for all food and beverage concession contracts, due consideration
be given to persons or businesses that are authorized to transact business in Colorado and that:
(I) (A) Maintain their principal place of business in Colorado; or
(B) Maintain a place of business in Colorado and that have filed
unemployment compensation reports in at least seventy-five percent of the eight quarters immediately before commencement of the contract; or
(II) Are minority-owned independent businesses; and
(c) That not less than fifteen percent of the total square footage allocated
for food and beverage sales at Mile High stadium if it is renovated or at the new stadium shall be occupied, either directly or through subcontracts, by persons or businesses that maintain their principal place of business in Colorado.
(6) (a) The board shall study, consider, and pursue opportunities for
privatizing the costs of acquiring Mile High stadium or acquiring a stadium site for a new stadium, the costs of renovating Mile High stadium or constructing a new stadium, or the costs of operating a stadium in order to minimize the use of sales tax revenues to the greatest extent possible for the purposes of this article 15. Such methods to be studied, considered, and pursued by the board in order to achieve such privatization shall include, but not be limited to, the following:
(I) Financial incentives from private sources, including landowners and
developers, available to offset the cost of a stadium site and the construction of a new stadium, the cost of renovating Mile High stadium, and the cost of maintenance, and operation of a stadium, including, but not limited to: Contributions of money, goods, equipment, and services; financed purchase of an asset agreements; certificate of participation agreements; sale-leaseback agreements; and joint venture proposals;
(II) The sale or lease of seat rights;
(III) The sale or lease of luxury suites, commonly referred to as sky boxes;
and
(IV) The sale of long-term advertising, parking, and concession rights.
(b) The board shall study and consider whether it would be beneficial to use
a tax other than the sales and use tax authorized in section 32-15-110 to fund all or a portion of any multiple-fiscal year financial obligations issued by the board.
(7) In designing and constructing a stadium pursuant to this article, the
board may consider the technical and economic feasibility of including a retractable roof over such stadium; except that:
(a) No construction costs for a retractable dome shall be part of the ballot
issue proposed, nor shall any such costs be paid by any bonds, taxes, or other revenues issued under this article; and
(b) The board shall not authorize the construction of a retractable roof
without prior specific statutory authorization if any portion of the costs of construction of such retractable roof shall be paid or funded by any tax or other revenues of the district.
Source: L. 96: Entire article added, p. 1056, � 1, effective May 23. L. 97: Entire
section amended, p. 1488, � 3, effective June 3. L. 98: (1)(c), (1)(e), (1)(f)(III), (1)(f)(VI), (1)(p), (2)(a), (2)(i), (3), and (5)(c) amended and (1)(g.5), (2)(n.5), and (7) added, pp. 500, 502, �� 2, 3, effective April 22; (2)(c) repealed, p. 154, � 1, effective August 5. L. 2021: IP(6)(a) and (6)(a)(I) amended, (HB 21-1316), ch. 325, p. 2055, � 71, effective July 1. L. 2022: IP(1) and (1)(p) amended, (SB 22-013), ch. 2, p. 93, � 130, effective February 25.
C.R.S. § 32-20-102
32-20-102. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is in the best interest of the state and its citizens and a public purpose to
enable and encourage the owners of eligible real property to invest in new energy improvements, including energy efficiency improvements and renewable energy improvements, sooner rather than later by creating the Colorado new energy improvement district and authorizing the district to establish, develop, finance, implement, and administer a new energy improvement program that includes both energy efficiency improvements and renewable energy improvements to assist any such owners who choose to join the district in completing new energy improvements to their property because:
(I) New energy improvements, including energy efficiency improvements and
renewable energy improvements, help protect owners of eligible real property from the financial impact of the rising cost of electricity produced from nonrenewable fuels and can even provide positive cash flow in many instances in which the costs of the improvements are spread out over a long enough time so that the owners' utility bill cost savings exceed the special assessments levied on the eligible real property to pay for the improvements;
(II) The inclusion of both energy efficiency improvements and renewable energy
improvements in the new energy improvement program will help to promote informed choices and maximize the benefits of the program for both individual owners of eligible real property and society as a whole;
(III) Reduction in the amount of emissions of greenhouse gases and environmental
pollutants resulting from decreased use of traditional nonrenewable fuels will improve air quality and may help to mitigate climate change;
(IV) New energy improvements, including energy efficiency improvements and
renewable energy improvements, increase the value of the eligible real property improved;
(V) The commitment of a significant amount of sustainable funding for increased
construction of new energy improvements will create jobs and stimulate the state economy:
(A) By directly creating jobs for contractors and other persons who complete new
energy improvements; and
(B) By reinforcing the leadership role of the state in the Colorado energy economy
and thereby attracting new energy manufacturing facilities and related jobs to the state; and
(VI) The new energy improvement program provides a meaningful, practical
opportunity for average citizens to take action that will benefit their personal finances and the economy of the state, promote their own and the nation's energy independence and security, and help sustain the environment; and
(b) In many cases, the owner of eligible real property is unable to fund a new
energy improvement because the owner does not have sufficient liquid assets to directly fund the improvement and is unable or unwilling to incur the negative net cash flow likely to result if the owner uses a typical home equity loan or line of credit or other loan to fund the improvement.
(2) The general assembly further finds and declares that it is necessary,
appropriate, and legally permissible under section 20 of article X of the state constitution and all other constitutional provisions and laws to authorize the Colorado new energy improvement district, without voter approval in advance, to generate the capital needed to reimburse owners of eligible real property who voluntarily join the district for, or directly pay for all or a portion of the cost of, completing new energy improvements, including energy efficiency improvements and renewable energy improvements, to the property by levying special assessments and issuing special assessment bonds to be paid from the revenues generated by the special assessments because:
(a) Under the Colorado supreme court's decision in Campbell v. Orchard Mesa
Irrigation District, 972 P.2d 1037 (Colo. 1998), the Colorado new energy improvement district is neither the state nor a local government and therefore is not a district, as defined in section 20 (2)(b) of article X of the state constitution, subject to the requirements of section 20 of article X of the state constitution because:
(I) The district is not authorized to levy general taxes;
(II) Although the district is a public corporation that serves the public purposes of
promoting new energy improvements and creating jobs, it does not have elected board members and primarily exists to serve the interests of owners of eligible real property who voluntarily join the district in order to fund new energy improvements to the property; and
(III) The district is endowed by the state pursuant to this article with only the
powers necessary to perform its predominantly private objective;
(b) There is no legal impediment to the imposition of special assessments and the
issuance of special assessment bonds without an election by an entity like the Colorado new energy improvement district that is formed by law, has statewide jurisdiction, and is governed by an appointed board;
(c) The burden of a special assessment is voluntarily assumed by the owner of the
eligible real property on which the special assessment is levied because:
(I) A special assessment may only be levied on eligible real property if the owner of
the property has voluntarily joined the district, agreed to accept reimbursement or a direct payment, and consented to the levy of a special assessment; and
(II) A subsequent purchaser of eligible real property upon which a special
assessment has been levied purchases the property with full knowledge of the special assessment; and
(d) Both an owner of eligible real property who joins the district and receives
reimbursement or a direct payment and any subsequent owner of the property receive the special benefit of the new energy improvement for which the district has made reimbursement or a direct payment in proportion to or in excess of the amount of the special assessment paid.
Source: L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2202, � 1, effective
June 11. L. 2012: (1)(a)(V)(B) amended, (HB 12-1315), ch. 224, p. 975, � 39, effective July 1.
C.R.S. § 32-20-103
32-20-103. Definitions. As used in this article 20, unless the context otherwise requires:
(1) Board means the board of directors of the district.
(1.5) Commercial building means any real property other than a residential
building containing fewer than five dwelling units and includes any other improvement or connected land that is billed with the improvement for purposes of ad valorem property taxation.
(2) District means the Colorado new energy improvement district created in
section 32-20-104 (1).
(3) District member means a qualified applicant whose application to join the
district, receive reimbursement or a direct payment, and consent to the levying of a special assessment is approved by the district.
(4) Eligible real property means a residential or commercial building, located
within a county in which the district has been authorized to conduct the program as required by section 32-20-105 (3), on which or in which a new energy improvement to be financed by the district has been or will be completed.
(4.5) Embodied carbon improvement means one or more installations or
modifications to real property using eligible materials, as defined in section 24-92-118 (2)(b), that result in the reduction of the installation's or modification's embodied emissions as established in policies created by the Colorado energy office, created in section 24-38.5-101, and in consultation with the office of the state architect.
(5) Energy efficiency improvement means one or more installations or
modifications to eligible real property that are designed to reduce the energy consumption of the property and includes, but is not limited to, the following:
(a) Insulation in walls, roofs, floors, and foundations and in heating and cooling
distribution systems;
(b) Storm windows and doors, multiglazed windows and doors, heat-absorbing or
heat-reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;
(c) Automatic energy control systems;
(d) Heating, ventilating, or air conditioning and distribution system modifications or
replacements in a building;
(e) Caulking and weatherstripping;
(f) Replacement or modification of lighting fixtures to increase the energy
efficiency of the system;
(g) Energy recovery systems;
(h) Daylighting systems;
(i) Electric vehicle charging equipment added to the building or its associated
parking area; and
(j) Any other modification, installation, or remodeling approved as a utility cost-savings measure by the district, including water conservation fixtures, both indoor
and outdoor and for both hot and cold water.
(5.2) Financing agreement means an agreement between a qualified applicant
and an entity providing private third-party financing pursuant to section 32-20-105 (3)(h).
(6) Loan balance means the outstanding principal balance of loans secured by a
mortgage or deed of trust with a first or second lien on eligible real property.
(7) New energy improvement means one or more on-site energy efficiency
improvements, embodied carbon improvements, renewable energy improvements, resiliency improvements, or water efficiency improvements made to eligible real property that will reduce the energy consumption of or add energy produced from renewable energy sources with regard to any portion of the eligible real property.
(8) Program means the new energy improvement program established by the
district in accordance with section 32-20-105.
(9) Program administrator or administrator means an entity hired by the district
to administer the program on behalf of the district to the extent specified in a contract between the district and the administrator. Neither the district nor its program administrator shall offer rebates for the purchase of renewable energy credits. The district's activities shall be limited to funding new energy improvements and to marketing that funding.
(10) Qualified applicant means a person who:
(a) Repealed.
(b) Timely submits to the district a complete application, which notes the existence
of any first priority mortgage or deed of trust on the eligible real property and the identity of the holder thereof, to join the district, have the eligible real property included in the district's boundaries, receive reimbursement or a direct payment, and consent to the levying of a special assessment on the property. Within thirty days of a person's submission of an application to the district, the district shall provide written notice to the holder of any first priority mortgage or deed of trust on the eligible real property that the person is participating in the district.
(c) Meets any standard of credit-worthiness that the district may establish.
(11) Reimbursement or a direct payment means the payment by the district to a
district member, or on behalf of a district member to a contractor that has completed a new energy improvement to the district member's eligible real property, of all or a portion of the cost of completing a new energy improvement. Utility rebates offered to program participants by a qualifying retail utility for the purpose of compliance with renewable energy targets established in section 40-2-124, C.R.S., are subject to the retail rate impact cap established pursuant to section 40-2-124 (1)(g)(I), C.R.S.
(12) Renewable energy improvement means one or more fixtures, products,
systems, or devices, or an interacting group of fixtures, products, systems, or devices, that directly benefit eligible real property through a qualified community location, as defined in section 30-20-602 (4.3), C.R.S., enacted by Senate Bill 10-100, enacted in 2010, or that are installed behind the meter of any eligible real property and that produce energy from renewable resources, including but not limited to photovoltaic, solar thermal, small wind, low-impact hydroelectric, biomass, fuel cell, or geothermal systems such as ground source heat pumps, as may be approved by the district; except that no renewable energy improvement shall be authorized that interferes with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this article shall limit the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities or modify or expand the net metering limitations established in sections 40-9.5-118 and 40-2-124 (7), C.R.S. Primary jurisdiction to hear any disputes as to whether a renewable energy improvement interferes with such a right shall lie:
(a) In the case of a regulated utility, with the public utilities commission; and
(b) In the case of a municipally-owned electric utility, with the governing body of
the municipality.
(13) Residential building means an improvement to real property that is designed
for use predominantly as a place of residency. The term also includes any other improvement or connected land that is billed with the improvement for purposes of ad valorem property taxation.
(13.5) (a) Resiliency improvement means one or more installations or
modifications to eligible real property, with a useful life not less than ten years, that are designed to improve a property's resiliency by improving the eligible real property's:
(I) Structural integrity for seismic events;
(II) Indoor air quality;
(III) Durability to resist wind, fire, and flooding;
(IV) Ability to withstand an electrical power outage;
(V) Storm water control measures, including structural or nonstructural measures
to mitigate storm water runoff;
(VI) Ability to mitigate the effects of extreme temperatures; and
(VII) Ability to mitigate any other environmental hazard identified by the Colorado
department of public health and environment.
(b) The district shall develop guidelines that detail the requirements for an
installation or modification identified in subsection (13.5)(a) of this section to qualify as a resiliency improvement.
(14) Special assessment or assessment means a charge levied by the district
against eligible real property specially benefited by a new energy improvement for which the district has made or will make reimbursement or a direct payment that is proportional to the benefit received from the new energy improvement and does not exceed the estimated amount of special benefits received or the full cost of completing the new energy improvement.
(15) Special assessment bond or bond means any bond, note, interim certificate,
loan agreement, contract, or other evidence of borrowing of the district issued by the district pursuant to this article that is payable, in whole or in part, from revenues generated by special assessments levied as authorized in this article and, at the discretion of the board, from any other legally available source of moneys lawfully pledged for their repayment.
(16) (a) Water efficiency improvement means one or more installations or
modifications to eligible real property that are designed to improve water efficiency by:
(I) Reducing water consumption; or
(II) Conserving or remediating water, in whole or in part, on the eligible real
property.
(b) The district shall develop guidelines that detail the requirements for an
installation or modification identified in subsection (16)(a) of this section to qualify as a water efficiency improvement.
Source: L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2204, � 1, effective
June 11. L. 2013: (1.5) and (5)(j) added, (4), IP(5), (5)(f), (5)(h), (5)(i), (7), (11), IP(12), and (14) amended, and (10)(a) repealed, (SB 13-212), ch. 347, p. 2013, � 2, effective May 28. L. 2014: (5)(j) amended, (SB 14-171), ch. 195, p. 718, � 1, effective August 6. L. 2023: (5.2), (13.5), and (16) added and (7) amended, (HB 23-1005), ch. 12, p. 34, � 1, effective August 7. L. 2025: IP and (7) amended and (4.5) added, (SB 25-182), ch. 277, p. 1441, � 2, effective August 6.
Cross references: (1) In 2013, subsections (1.5) and (5)(j) were added, subsection
(4), the introductory portion to subsection (5), subsections (5)(f), (5)(h), (5)(i), (7), and (11), the introductory portion to subsection (12), and subsection (14) were amended, and subsection (10)(a) was repealed by the New Energy Jobs Act of 2013. For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.
(2) For the legislative declaration in SB 25-182, see section 1 of chapter 277,
Session Laws of Colorado 2025.
C.R.S. § 32-20-104
32-20-104. Colorado new energy improvement district - creation - board - meetings - quorum - expenses - records. (1) The Colorado new energy improvement district is hereby created as an independent public body corporate, and the boundaries of the district shall include the eligible real property that is owned by a person who has voluntarily joined the district. The district constitutes a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function, but the district:
(a) Shall not be an agency of state government or of any local government;
(b) Shall not be subject to administrative direction by any department, commission,
board, or agency of the state or any local government; and
(c) Shall not be a district, as defined in section 20 (2)(b) of article X of the state
constitution, for purposes of section 20 of said article X.
(2) (a) The district is governed by a board of directors, which shall exercise the
powers of the district, shall, by a majority vote of a quorum of its members, select from its membership a chair, vice-chair, and secretary, and is composed of seven members, including:
(I) The director of the Colorado energy office created in section 24-38.5-101 (1),
C.R.S., or the director's designee;
(II) The following six members appointed by the governor:
(A) One member who has executive-level experience in commercial or residential
real estate development;
(B) Two members who each have at least ten years of executive-level experience
with one or more financial institutions, at least one of whom has had such experience with one or more financial institutions having total assets of less than one billion dollars;
(C) One member who has executive-level experience in the utility industry;
(D) One member who represents the energy efficiency industry; and
(E) One member who represents the renewable energy industry.
(III) to (VI) Repealed.
(b) The term of an appointed member is four years.
(c) (I) Notwithstanding any other law, it is not a conflict of interest for a trustee,
director, officer, or employee of any public utility, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, insurance company, law firm, or other firm, corporation, or business entity to serve as a board member, the executive director of the district, or an employee of the district. However, a board member, executive director, or other employee who is also such a trustee, director, officer, or employee shall disclose his or her business affiliation to the board and shall abstain from voting or otherwise taking action in any instance in which his or her business affiliation is directly involved.
(II) A member of the board, any executive director of the district, and any employee
of the district shall be immune from civil liability for any action taken in good faith in the course of the member's, director's, or employee's duties for the district.
(d) Members of the board shall receive no compensation for services but shall be
entitled to the necessary expenses, including travel and lodging expenses, incurred in the discharge of their official duties. Any payments for compensation and expenses shall be paid from funds of the district.
(3) Four members of the board shall constitute a quorum for the purpose of
conducting business and exercising the powers of the board. Action may be taken by the board upon the affirmative vote of at least four of its members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(4) The district shall be subject to the open meetings provisions of the Colorado
Sunshine Act of 1972, part 4 of article 6 of title 24, C.R.S., and the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S. The board shall also promulgate and adhere to policies and procedures that govern its conduct, provide meaningful opportunities for public input, and establish standards and procedures for calling emergency meetings. One or more members of the board may participate in a meeting of the board and may vote through the use of telecommunications devices, including, but not limited to, a conference telephone or similar communications equipment. Participation through telecommunications devices shall constitute presence in person at a meeting. The use of telecommunications devices shall not supersede any requirements for a public hearing otherwise provided by law.
(5) The district shall be subject to the Local Government Budget Law of Colorado,
part 1 of article 1 of title 29, C.R.S., and the Colorado Local Government Audit Law, part 6 of article 1 of title 29, C.R.S.
(6) The district is a special district included within the definition of the state or any
of its political subdivisions for purposes of and as set forth in section 2 (14.6) of article XXVIII of the state constitution and is, accordingly, subject to the sole source contracting provisions of sections 15 to 17 of said article XXVIII.
(7) Because the district is not a part of state government or a county or
municipality, neither the district nor any member of the board, executive director of the district, or employee of the district shall be subject to the provisions of article XXIX of the state constitution.
Source: L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2207, � 1, effective
June 11. L. 2012: (2)(a)(I)(A) amended, (HB 12-1315), ch. 224, p. 976, � 40, effective July 1. L. 2013: IP(2)(a), (2)(a)(I), (2)(a)(II), and (3) amended and (2)(a)(III), (2)(a)(IV), (2)(a)(V), and (2)(a)(VI) repealed, (SB 13-212), ch. 347, p. 2015, � 3, effective May 28. L. 2016: IP(2)(a)(II) and (6) amended, (SB 16-171), ch. 238, p. 974, � 1, effective August 10. L. 2022: (2)(b) amended, (SB 22-013), ch. 2, p. 74, � 100, effective February 25.
Editor's note: Sections 2 (14.6) and 15 to 17 of article XXVIII of the state
constitution referenced in subsection (6) were declared unconstitutional. See Dallman v. Ritter, 225 P.3d 610 (Colo. 2010).
Cross references: In 2013, the introductory portion to subsection (2)(a) and
subsections (2)(a)(I), (2)(a)(II), and (3) were amended and subsections (2)(a)(III), (2)(a)(IV), (2)(a)(V), and (2)(a)(VI) were repealed by the New Energy Jobs Act of 2013. For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.
C.R.S. § 32-20-105
32-20-105. District - purpose - general powers and duties - new energy improvement program. (1) The purpose of the district is to help provide the special benefits of new energy improvements to owners of eligible real property who voluntarily join the district by establishing, developing, financing, and administering a new energy improvement program through which the district can provide assistance to such owners in completing new energy improvements. The district may exercise any of the powers granted to the district in this article before any eligible real property is included within the boundaries of the district; except that the district shall exercise the powers to levy special assessments and issue special assessment bonds only after eligible real property is included within the boundaries of the district.
(2) In order to allow the district to achieve its purpose, in addition to any other
powers and duties of the district specified in this article, the district shall have the following general powers and duties:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To adopt bylaws for the regulation of its affairs and conduct of its business;
(d) To set an annual budget;
(e) To sue and be sued and to be a party to suits, actions, and proceedings;
(f) To enter into contracts and agreements needed for its functions or operations;
(g) To acquire, dispose of, and encumber real and personal property needed for its
functions or operations;
(h) To borrow money for the purpose of defraying district expenses, including, but
not limited to, the funding of appropriate loss reserves, or for any other purpose deemed appropriate by the board;
(i) To invest any moneys of the district in accordance with part 6 of article 75 of
title 24, C.R.S.;
(j) (I) To hire and set the compensation of a program administrator and to appoint,
hire, retain, and set the compensation of other agents and employees and contract for professional services.
(II) The board may delegate any of the powers and duties of the district that
specifically pertain to the establishment, development, financing, and administration of the program to any program administrator the district hires; except that the district shall not delegate the power to establish assessment units, the power to determine the method of calculating special assessments, or the power to issue special assessment bonds.
(k) In accordance with sections 32-20-106 to 32-20-108, to establish special
assessment units, levy and collect special assessments on eligible real property specially benefited by a renewable energy improvement for which the district made reimbursement or a direct payment, and issue special assessment bonds;
(l) To accept gifts and donations and apply for and accept grants upon such terms
or conditions as the board may approve; and
(m) To have and exercise all rights and powers necessary or incidental to or implied
from the specific powers granted to the district by this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.
(3) The district shall establish, develop, finance, and administer a new energy
improvement program. However, the district may conduct the program within any given county only if the board of county commissioners of the county has adopted a resolution authorizing the district to conduct the program within the county. If a county adopts a resolution authorizing the district to conduct the program within the county, the county treasurer shall retain a collection fee as specified in section 30-1-102 (1)(c) for each special assessment that it collects as part of the program. The board of county commissioners of any county that has adopted a resolution authorizing the district to conduct the program within the county may subsequently adopt a resolution deauthorizing the district from conducting the program within the county. However, if the county adopts a deauthorizing resolution, the county shall continue to meet all of its obligations under this article 20 as to program financing obligations existing on the effective date of the deauthorization until any and all special assessments within the county have been paid in full and remitted to the district. The district shall design the program to allow an owner of eligible real property to apply to join the district, receive reimbursement or a direct payment from the district, and consent to the levying of a special assessment on the eligible real property specially benefited by a new energy improvement for which the district makes reimbursement or a direct payment. The district shall establish an application process for the program that allows an owner of eligible real property to become a qualified applicant by submitting an application to the district and that may include one or more deadlines for the filing of an application. Except as specified in section 32-20-111, the application process must require the applicant to submit with the application a commitment of title insurance issued by a duly licensed Colorado title insurance company within thirty days before the date the application is submitted. The district may charge program application fees. In order to administer the program, the district, acting directly or through a program administrator or other agents, employees, or professionals as the district may appoint, hire, retain, or contract with, may aggregate qualified applicants into one or more bond issues and shall:
(a) Market the program to owners of eligible real property, encourage such owners
to obtain the special benefits of completing new energy improvements to their property by providing more attractive and accessible means of funding the completion of new energy improvements, and accept and process program applications from any such owners who are qualified applicants;
(b) Specify the information to be included in a program application. The district
shall require an owner of eligible real property who submits a program application to include, at a minimum, a postal address or electronic mail address at which the district may contact the owner, the name and postal or electronic mailing address of any person holding a lien against the eligible real property, and any information that the district requires to verify that the owner will complete a new energy improvement, verify the cost of completing the new energy improvement, determine the appropriate amount of reimbursement or a direct payment to be made to the applicant or a contractor after the new energy improvement has been completed, and estimate the value of the special benefit provided by the completed new energy improvement to the applicant's eligible real property.
(c) Establish such standards, guidelines, and procedures, including but not limited
to standards of credit-worthiness for qualification of program applicants, as are necessary to ensure the financial stability of the program and otherwise prevent fraud and abuse;
(d) Encourage or require, as determined by the district, any qualified applicant to
obtain an energy audit in order to ensure the efficient use of new energy improvement funding pursuant to this article;
(e) Inform prospective program applicants and qualified applicants of private
financing options not provided by the district, including, as appropriate, home equity loans, home equity lines of credit, commercial loans, and commercial lines of credit that may, with respect to a particular applicant, represent viable alternatives for financing new energy improvements;
(f) Take appropriate steps to establish qualifications for the certification of
contractors to construct or install new energy improvements; and
(g) Take appropriate steps to monitor the quality of new energy improvements for
which the district has made reimbursement or a direct payment if deemed necessary by the board, measure the total energy savings achieved by the program, monitor the total number of program participants, the total amount paid to contractors, the number of jobs created by the program, the number of defaults by program participants, and the total losses from the defaults, and calculate the total amount of bonds issued by the district. On or before March 1, 2014, and on or before each subsequent March 1, the district shall report to the state, veterans, and military affairs committees of the general assembly, or any successor committees, regarding the information obtained as required by this paragraph (g);
(h) Develop program guidelines governing the terms and conditions under which
private third-party financing, other than that obtained through issuance of a district bond, is available to qualified applicants through the program and, in connection therewith, may serve as an aggregating entity for the purpose of securing private third-party financing for new energy improvements pursuant to this article; and
(i) In connection with the financing of new energy improvements either by third
parties pursuant to paragraph (h) of this subsection (3) or district bonds and in consultation with representatives from the banking industry and property owners, develop the processes to ensure that mortgage holder consent is obtained in all cases for all eligible real property participating in the program to subordinate the priority of such mortgages to the priority of the lien established in section 32-20-107.
(4) The district shall establish underwriting guidelines that consider program
applicants' qualifications, credit-worthiness, home or commercial building equity, and other appropriate factors, including credit reports, credit scores, and loan-to-value ratios, consistent with good and customary lending practices, and as required in order for the district or third parties to obtain a bond rating necessary for a successful bond sale. The district shall also arrange for an appropriate loss reserve in order to obtain the necessary bond rating.
Source: L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2209, � 1, effective
June 11. L. 2013: IP(3), (3)(d), (3)(e), (3)(g), and (4) amended and (3)(h) and (3)(i) added, (SB 13-212), ch. 347, p. 2016, � 4, effective May 28. L. 2016: IP(3) and (3)(i) amended, (SB 16-171), ch. 238, p. 974, � 2, effective August 10. L. 2017: IP(3) amended, (HB 17-1363), ch. 357, p. 1882, � 1, effective August 9.
Cross references: In 2013, the introductory portion to subsection (3) and
subsections (3)(d), (3)(e), (3)(g), and (4) were amended and subsections (3)(h) and (3)(i) were added by the New Energy Jobs Act of 2013. For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.
C.R.S. § 32-4-507
32-4-507. Powers of public bodies. (1) The governing body of any municipality or other public body, upon its behalf and in its name, for the purpose of aiding and cooperating in any project authorized in this part 5, upon the terms and with or without consideration and with or without an election, as the governing body determines, has power under this part 5:
(a) To sell, lease, loan, donate, grant, convey, assign, transfer, and otherwise
dispose to the district of sewers, sewage facilities, and sewer improvements, or any combination thereof;
(b) To make available for temporary use or otherwise dispose of to the
district any machinery, equipment, facilities, and other property, and any agents, employees, persons with professional training, and any other persons, to effect the purposes of this part 5. Any such property owned and persons in the employ of any public body while engaged in performing for the district any service, activity, or undertaking authorized in this part 5, pursuant to contract or otherwise, shall have all the powers, privileges, immunities, rights, and duties of, and shall be deemed to be engaged in the service and employment of, such public body, notwithstanding such service, activity, or undertaking is being performed in or for a district.
(c) To enter into any agreement or joint agreement between or among the
federal government, the district, and any other public body, or any combination thereof, which is mutually agreed thereby, notwithstanding any law to the contrary, respecting action or proceedings appertaining to any power granted in this part 5, and the use or joint use of any facilities, project, or other property authorized in this part 5;
(d) To sell, lease, loan, donate, grant, convey, assign, transfer, or pay over to
a district any facilities or any project authorized in this part 5, or any part thereof, or any interest in real or personal property, or any funds available for acquisition, improvement, or equipment purposes, including the proceeds of any securities issued for acquisition, improvement, or equipment purposes which may be used by the district in the acquisition, improvement, equipment, maintenance, or operation of any facilities or project authorized in this part 5;
(e) To transfer, grant, convey, or assign and set over to a district any
contracts which have been awarded by the public body for the acquisition, improvement, or equipment of any project not begun, or if begun, not completed;
(f) To budget and appropriate, and each municipality or other public body is
required and directed to budget and appropriate, from time to time, general ad valorem tax proceeds, service charges, and other revenues legally available therefor to pay all obligations arising from the exercise of any powers granted in this part 5 as such obligations accrue and become due, including, without limiting the generality of the foregoing, service charges fixed by the district;
(g) To prescribe and enforce reasonable rules and regulations, not in conflict
with any such rule or regulation of the district, for the availability of service from, the connection with, the use of, and the disconnection from the sewer system of the public body or other sanitation or sewer facilities thereof;
(h) To provide for an agency, by any agreement authorized in this part 5, to
administer or execute that or any collateral agreement, which agency may be one of the parties to the agreement, or a commission or board constituted pursuant to the agreement;
(i) To provide that any such agency shall possess the common power
specified in the agreement, and may exercise it in the manner or according to the method provided in the agreement. Such power is subject to the restrictions upon the manner of exercising the power of any one of the contracting parties, which party shall be designated by the agreement.
(j) To continue any agreement authorized in this part 5 until rescinded or
terminated, which agreement may provide for the method by which it may be rescinded or terminated by any party.
(2) All of the powers, privileges, immunities, and rights, exemptions from
laws, ordinances, and rules and all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any such district or public body when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under this part 5.
Source: L. 62: p. 200, � 14. C.R.S. 1963: � 89-15-20. L. 90: (2) amended, p.
572, � 65, effective July 1. L. 93: (1)(c) and (1)(j) amended, p. 21, � 1, effective March 4.
C.R.S. § 32-4-522
32-4-522. Rates and service charges. (1) (a) Every district and municipality fixing and collecting rates or charges, or both, as provided in section 32-4-510 (1)(l) and elsewhere in this part 5, or otherwise, is, in supplementation of such powers, authorized to fix and collect rents, rates, fees, tolls, and other charges, in this part 5 sometimes referred to as service charges, for direct or indirect connection with, or the use or services of, a sewage disposal system or sewer system, respectively, including, without limiting the generality of the foregoing, minimum charges and charges for the availability of service.
(b) Such service charges may be charged to and collected in advance or
otherwise by a district from any municipality within the district and by any municipality from any person contracting for such connection or use or services or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been or will be connected with the sewer system or from which or on which originates or has originated sewage or other wastes which directly or indirectly have entered or may enter the sewage disposal system and sewer system, and the municipality or owner, or occupant, of any such real property shall be liable for and shall pay such service charges to the district or municipality fixing the service charges at the time when and place where such service charges are due and payable.
(c) Such service charges of any district may accrue from any date on which
its board reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument appertaining thereto or in any contract with any municipality, that any sewage disposal system or project being acquired or improved and equipped will be available for service or use.
(2) (a) Such rents, rates, fees, tolls, and other charges, being in the nature of
use or service charges, shall, as nearly as the district or municipality fixing the service charges shall deem practicable and equitable, be reasonable, and shall be uniform throughout the district or municipality for the same type, class, and amount of use or service of the sewage disposal system or sewer system, and may be based or computed either: On measurements of sewage flow devices duly provided and maintained by the district or by the municipality or any user as approved by the district or municipality fixing such charges, and analyses of sewage samples procured and made by or in a manner approved by the district; or on the consumption of water in or on or in connection with the municipality or real property, making due allowance for commercial use of water and infiltration of groundwater and discharge of surface run-off to the sewer system; or on the number and kind of water outlets on or in connection with the municipality or real property, or on the number and kind of plumbing or sewage fixtures or facilities in or on or in connection with the municipality or real property; or on the number of persons residing or working in or on or otherwise connected or identified with the municipality or real property, or on the capacity of the improvements in or on or connected with the municipality or real property; or upon the availability of service or readiness to serve by the system; or on any other factors determining the type, class, and amount of use or service of the sewage disposal system or sewer system; or on any combination of any such factors, and may give weight to the characteristics of the sewage and other wastes and any other special matter affecting the cost of treatment and disposal thereof, including chlorine demand, biochemical oxygen demand, concentration of solids, and chemical composition.
(b) Reasonable penalties may be fixed for any delinquencies, including,
without limiting the generality of the foregoing, interest on delinquent service charges from any date due at a rate of not exceeding one percent per month, or fraction thereof, reasonable attorneys' fees, and other costs of collection.
(3) The district or municipality fixing the service charges shall prescribe and,
from time to time, when necessary revise a schedule of such service charges, which shall comply with the terms of any contract of the district or municipality fixing the service charges, and in any event shall be such that the revenues from the service charges of the district or municipality will at all times be adequate, except to the extent that the proceeds of any general ad valorem tax or other moneys are available and used, after an allowance is made for delinquencies accrued and reasonably estimated to accrue by the board or governing body fixing the service charges, for the payment of such service charges, whether resulting from any delinquency of any municipality, other public body, or other person, or from any other cause:
(a) To pay all expenses of operation and maintenance of the sewage disposal
system or sewer system, including reserves, insurance, and improvements;
(b) To pay punctually the principal of and interest on any securities payable
from revenues of the sewage disposal system or sewer system and issued or to be issued by the district or municipality fixing the service charges;
(c) To maintain such reserves or sinking funds therefor; and
(d) For the payment of any expenses incidental to any sewage disposal
system or sewer system or any project authorized in this part 5, any contingencies, acquisitions, improvements, and equipment, and any other cost, as may be required by the terms of any contract of, or as may be deemed necessary or desirable by, the district or municipality fixing the service charges.
(4) Said schedule shall thus be prescribed and from time to time revised by
the district or municipality. A public hearing thereon may be, but is not required to be, held by the district or municipality at least seven days after such published notice is given, as the district or municipality may determine to be reasonable. The district or municipality shall fix and determine the times when and the places where such service charges shall be due and payable and may require that such service charges shall be paid in advance for a period of not more than one year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the district or municipality fixing the service charges and shall at all reasonable times be open to public inspection.
(5) The legislature has determined and declared that the obligations arising
from time to time of any municipality or person to pay service charges fixed in connection with any sewage disposal system or sewer system shall constitute general obligations of the municipality or person charged with their payment; but as such obligations accrue for current services and benefits from and use of any such system, the obligations shall not constitute an indebtedness of the municipality or other public body within the meaning of any constitutional, charter, or statutory limitation or other provision restricting the incurrence of any debt.
(6) No board, agency, bureau, commission, or official, other than the board of
the district or the governing body of the municipality fixing the service charges, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges, nor to prescribe, supervise, or regulate the performance of services appertaining to a sewage disposal system or sewer system, as authorized in this part 5; but this subsection (6) shall not be construed to be a limitation on the contracting powers of the board of any district or the governing body of any municipality within the district.
Source: L. 62: p. 202, � 14. C.R.S. 1963: � 89-15-21.
C.R.S. § 32-7-103
32-7-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Board means the board of directors of a service authority.
(2) Concurrent, when used in regard to the provision of a service by a
service authority, means that a service may be provided by a service authority in accordance with the provisions of this article, but the administration of such service shall not preclude counties, municipalities, or special districts from providing the same or similar service. This definition does not prohibit counties, municipalities, or special districts from contracting with each other or with a service authority for the provision of a local service, nor does it prohibit counties, municipalities, or special districts from relinquishing control of a local service by agreement with a service authority or by vesting exclusive jurisdiction for the provision of a given service with the service authority.
(3) County means a home rule or statutory county and includes a city and
county.
(3.5) Eligible elector of a service authority means an individual who resides
within the service authority and is registered and otherwise qualified to vote in county elections in a county which is located within the service authority.
(4) Exclusive, when used in regard to the provision of a service by a service
authority, means that the service authority shall have sole governmental responsibility and authority for the provision of such service within its boundaries, but this definition shall not prohibit a service authority from contracting with counties, municipalities, special districts, or nongovernmental persons or entities for the provision of any aspect of such service to the residents therein.
(5) General election means the election held on the first Tuesday after the
first Monday of November in every even-numbered year, as provided in section 1-4-201, C.R.S., for the purpose of electing members of the board and for submission of other public questions, if any.
(6) Local government means a county, city and county, municipality, or
special district organized pursuant to this title or pursuant to article 8 of title 29 or part 2 of article 20 of title 30, C.R.S.
(7) Local improvement district means an area within a service authority in
which the real property is specially benefited and constitutes the basis of assessment for all or part of the cost of the construction or installation of designated improvements within such area.
(8) Municipality means a home rule or statutory city or town or a city and
county.
(9) Population means the population as estimated by the court,
commission, secretary of state, or board, as the case may be, based upon census tract data or other officially compiled data.
(10) President means the president of the board.
(11) Publication or publish means at least one publication in at least one
newspaper of general circulation in the service authority. If there is no such newspaper, publication shall be by posting in at least three public places within the service authority.
(12) (Deleted by amendment, L. 94, p. 1642, � 66, effective May 31, 1994.)
(13) Secretary means the secretary of the board.
(14) Service means a function, service, or facility which a service authority
is authorized to provide in accordance with this article.
(15) Service authority means a body corporate and political subdivision of
the state formed pursuant to the provisions of section 17 of article XIV of the constitution of the state of Colorado for the purpose of providing certain functions, services, and facilities in the manner and within the limitations provided in this article.
(16) Special election means any election called by the board for submission
of public questions, the election to be held on a Tuesday other than a general election day.
(17) Special taxing district means a geographical area within a service
authority designated and delineated by the board to facilitate the furnishing of services and the collection of ad valorem taxes and charges for such services.
Source: L. 72: p. 453, � 1. C.R.S. 1963: � 89-25-3. L. 80: (5) amended, p. 415, �
26, effective February 21. L. 85: (12) amended, p. 1350, � 23, effective April 30. L. 92: (12) and (16) amended, p. 896, � 139, effective January 1, 1993. L. 94: (3.5) added and (12) amended, p. 1642, � 66, effective May 31. L. 2009: (6) amended, (SB 09-292), ch. 369, p. 1979, � 110, effective August 5.
C.R.S. § 32-7-111
32-7-111. Designation of services. (1) Subject to local authorization as provided in section 32-7-112, local governing bodies, by resolution, or the people, by petition, or the service authority organizational commission, if such services are not designated by the resolution or petition for formation prior to formation, or the board after formation, may, by resolution, initiate one or more of the following services or combinations thereof:
(a) Domestic water collection, treatment, and distribution;
(b) Urban drainage and flood control;
(c) Sewage collection, treatment, and disposal;
(d) Public surface transportation;
(e) Collection of solid waste, but the service authority shall not collect solid
waste except on a finding by the board that existing solid waste collection service is inadequate. Such finding shall be in addition to the concurrent majority requirement of section 32-7-112 (1)(a).
(f) Disposal of solid waste;
(g) Parks and recreation;
(h) Libraries;
(i) Fire protection;
(j) Hospitals, including convalescent nursing homes, ambulance services,
and any other health and medical care facilities or services;
(k) Museums, zoos, art galleries, theaters, and other cultural facilities or
services;
(l) Housing;
(m) Weed and pest control;
(n) Central purchasing, computer services, equipment pool, and any other
management services for local governments, including procurement of supplies; acquisition, management, maintenance, and disposal of property and equipment; legal services; special communication systems; or any other similar services to local governments which are directly related to improving the efficiency or operation of local governments;
(o) Local gas or electric services or heating and cooling services from
geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat; except that no facilities of a municipally owned utility shall be combined with the facilities of another municipally owned utility without its consent and except that neither the initiation nor rendering of local gas and electric services under this paragraph (o) shall interfere with, impair, or otherwise affect any franchise, certificate of public convenience and necessity, or the services being rendered by any other supplier operating subject to the jurisdiction of the public utilities commission of the state of Colorado;
(p) Jails and rehabilitation; and
(q) Land and soil preservation.
(2) Unless authorized pursuant to section 32-7-112 (2), the services provided
by a service authority shall be provided on a concurrent basis with local jurisdictions. This shall not prohibit a board from contracting with local governments or state government for the provision, construction, or operation of any service by the service authority or state or local government, nor does it prohibit any local government from voluntarily vesting exclusive jurisdiction for the provision of a given service with the service authority.
Source: L. 72: p. 461, � 1. C.R.S. 1963: � 89-25-11. L. 73: p. 997, � 1. L. 75: IP(1)
amended, p. 1299, � 3, effective June 20. L. 81: (1)(o) amended, p. 1457, � 6, effective May 27.
C.R.S. § 32-7-112
32-7-112. Local authorization of functions, services, and facilities. (1) (a) No service designated in section 32-7-111 shall be provided by a service authority unless such service, together with the maximum ad valorem tax mill levy (other than for debt purposes), if any, necessary to support each such service, has been submitted to and authorized by a majority of the eligible electors voting thereon in each county within the service authority.
(b) Any service submitted to the eligible electors for their approval or
rejection may be designated in general terms without limitation on concurrent or contractual arrangements among the various local governments; but, if the service is to be provided on an exclusive basis, as provided in subsection (2) of this section, the proposition submitted to the eligible electors shall state that such service is to be provided on an exclusive basis. Any mill levy limitation submitted for authorization by the eligible electors shall be designated in specific terms, whether the services to be supported thereby are on a concurrent or exclusive basis.
(c) Any proposition initiated after formation of a service authority shall be
submitted by resolution of the board, by resolution of a majority of the governing boards of counties and municipalities, or by a petition signed by eligible electors of the service authority in number not less than five percent of the votes cast in the service authority for all candidates for the office of governor at the last preceding general election.
(2) (a) At any general election following formation of a service authority, the
board may submit a proposal to the eligible electors providing that any one or more services designated in section 32-7-111, including the types of services assumed pursuant to section 32-7-143, shall be provided exclusively by the service authority. The proposal may also be submitted at that time by resolution of a majority of the governing bodies of counties and municipalities or by petition signed by the eligible electors of the service authority in number not less than five percent of the votes cast in the service authority for all candidates for the office of governor at the last preceding general election.
(b) If a majority of the eligible electors voting at any general election
approve the designation of one or more services as exclusive, the board shall be responsible and shall have final authority for the provision of the service within its boundaries. Counties, municipalities, and special districts organized pursuant to part 2 of article 20 of title 30, C.R.S., or article 1 or part 4 of article 4 of this title shall be prohibited from providing the services within the boundaries of the service authority. The designation shall not preclude a service authority from contracting with local governments or the state government for any service; nor shall the designation relieve local governments from the responsibility of providing the service for a period of two years or until the time that the board can provide for the orderly transfer of assets, liabilities, and obligations of the local governments to the service authority.
Source: L. 72: p. 462, � 1. C.R.S. 1963: � 89-25-12. L. 81: (2)(b) amended, p.
1624, � 27, effective July 1. L. 85: Entire section amended, p. 1352, � 29, effective April 30. L. 92: Entire section amended, p. 900, � 146, effective January 1, 1993.
C.R.S. § 32-9-103
32-9-103. Definitions. As used in this article 9, unless the context otherwise requires:
(1) Board means the board of directors of the district.
(2) Condemn or condemnation means the exercise by the district of the
power of dominant eminent domain or eminent domain, in the manner provided in articles 1 to 7 of title 38, C.R.S., to acquire mass transportation facilities and property, real or personal, or an interest therein, for the public use of the district.
(3) Director means a member of the board.
(3.5) Director district means that area within the district which is
represented by one director.
(3.7) Discovery means physical discovery of an undocumented utility
communicated by the district or its contractors, agents, or employees verbally or in writing to the utility company's designated project representative or, if no representative has been designated, to the chief engineer or equivalent.
(4) District means the regional transportation district created by this
article.
(5) District securities means bonds, temporary bonds, refunding bonds,
special obligation bonds, interim notes, notes, and warrants of the district authorized to be issued by this article.
(6) Dominant eminent domain means that the right of the district to
condemn public property, real and personal, shall be superior in public necessity to that of any city, town, city and county, county, or other public corporation except a school district, but such right shall be superior only for the purpose of acquiring existing mass transportation facilities and related real or personal property.
(6.2) Eligible elector means a registered elector as defined in section 1-1-104 (35), C.R.S., who resides within the geographic boundaries of the district.
(6.3) Fixed guideway corridor means a corridor designated by the district
for the construction and operation of a fixed guideway mass transit system.
(6.4) Fixed guideway corridor utility relocation agreement means an
agreement entered into by the district and a utility company for the purpose of performing utility relocation work necessitated by a transportation expansion plan in accordance with the requirements of section 32-9-119.1.
(6.5) Fixed guideway mass transit system means any public transportation
system that utilizes and occupies a separate right-of-way or rail for the exclusive use of public transportation service. No such system shall intersect any road or street with an average daily traffic count of twenty thousand or greater at grade unless the municipality or county having jurisdiction over such road or street specifically requests an at grade crossing.
(6.7) Force majeure means fire, explosion, action of the elements, strike,
interruption of transportation, rationing, shortage of labor, equipment, or materials, court action, illegality, unusually severe weather, act of God, act of war, or any other cause that is beyond the control of the party performing work on a utility relocation project and that could not have been prevented by the party while exercising reasonable diligence.
(6.9) Major electrical facilities has the same meaning as set forth in section
29-20-108 (3)(a)(I), (3)(a)(II), (3)(a)(III), and (3)(a)(IV).
(7) (a) Mass transportation system or system means any system of the
district or any other system, the owner or operator of which contracts with the district for the provision of transportation services, that transports the general public by bus, rail, or any other means of surface conveyance or any combination thereof, within the district.
(b) Such system may include facilities for transportation within or without or
both within and without the district as special charter services provided to the general public. The schedule of charges for special charter service shall be equal to but not less than those charged by authorized common carriers rendering the same or similar service. The service may be performed under such terms and conditions for which facilities are made available for such charter use and in conformity with the reasonable rules and regulations provided by the board with respect to the use thereof, but the special charter service outside the district shall be limited to such rights and privileges as are obtained by the district in the acquisition of mass transportation facilities and property.
(c) The system may include facilities for the transportation of package-express shipments on routes to and from Boulder and Denver if such shipments are
transported coincidentally with the transportation of the general public in scheduled service and over prescribed routes within the district. The schedule of charges for package-express service shall not be less than those charged by authorized common carriers rendering the same or similar service over the same routes and distances. The package-express service may be performed under such terms and conditions for which facilities are made available for such package-express use and in conformity with the rules and regulations established by the board with respect to the use thereof.
(8) (Deleted by amendment, L. 2000, p. 307, � 1, effective April 5, 2000.)
(9) Operation and maintenance expenses means all reasonable and
necessary current expenses of the district, paid or accrued, of operating, maintaining, and repairing facilities of the mass transportation system of the district.
(10) Person means any natural person, association, partnership, company,
or corporation.
(11) Public body means the state of Colorado, or any county, city and
county, city, town, district, or any other political subdivision of the state, excluding the regional transportation district.
(12) Publication means the publication once a week for three consecutive
weeks in at least one newspaper having general circulation in the district. Publication need not be made on the same day of the week in each of the three weeks; but not less than fourteen days shall intervene between the first day of publication and the last day of publication.
(13) Revenues means the tolls, fees, rates, charges, or other income and
revenues derived from the operation of the mass transportation system of the district, moneys received in the form of grants or contributions from all sources, public or private, income derived from investments by the district, and any combination of the foregoing.
(14) Taxes or taxation means general ad valorem property taxes only.
(15) (Deleted by amendment, L. 92, p. 907, � 157, effective January 1, 1993.)
(15.1) Utility company or utility shall have the same meaning as set forth
in 23 CFR 645.105, as amended.
(15.5) Utility facility means all installed equipment of a utility.
(16) Vehicular service means any service provided by the district that
involves transporting the general public by means of any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways. Vehicular service does not include any service provided by the district that is part of the rail system.
Source: L. 69: p. 714, � 1. C.R.S. 1963: � 89-20-3. L. 70: p. 292, � 97. L. 71: p.
978, � 1. L. 73: p. 985, � 1. Initiated 80: (3.5) added, effective upon proclamation of the Governor, December 19, 1980. L. 81: (7)(a) amended and (7)(c) added, p. 1640, � 1, effective May 28; (15) amended, p. 1626, � 32, effective July 1. L. 85: (7)(a) amended, p. 1119, � 1, effective July 1. L. 87: (6.3) and (6.5) added and (7)(a) amended, p. 1246, � 2, effective May 22. L. 92: (6.2) added and (15) amended, p. 907, � 157, effective January 1, 1993. L. 93: (7)(a) amended, p. 1790, � 79, effective June 6. L. 94: (6.2) amended, p. 460, � 1, effective March 29; (6.3) amended, p. 1324, � 1, effective May 25. L. 97: (6.2) amended, p. 805, � 1, effective May 20. L. 99: (6.5) and (7)(a) amended, p. 1400, �� 3, 4, effective June 4. L. 2000: (8) and (13) amended, p. 307, � 1, effective April 5. L. 2003: (16) added, p. 1795, � 1, effective May 21. L. 2007: (3.7), (6.4), (6.7), (6.9), (15.1), and (15.5) added, p. 717, � 1, effective May 3. L. 2022: IP and (6.9) amended, (HB 22-1104), ch. 97, p. 467, � 8, effective April 13.
Editor's note: For the complete initiated measure and votes cast for the
adoption or rejection thereof, see L. 81, pp. 2057-2060.
Cross references: (1) For the legislative declaration contained in the 1999
act amending subsections (6.5) and (7)(a), see section 1 of chapter 338, Session Laws of Colorado 1999.
(2) For the legislative declaration in HB 22-1104, see section 1 of chapter 97,
Session Laws of Colorado 2022.
C.R.S. § 32-9-114
32-9-114. Board's administrative powers. (1) The board has the following administrative powers:
(a) To fix the time and place at which its regular meetings, to be held at least
quarterly, shall be held within the district and shall provide for the calling and holding of special meetings;
(b) To adopt and amend bylaws and rules for procedure;
(c) To elect one director as chairman of the board and another director as
chairman pro tem of the board, and to appoint one or more persons as secretary and treasurer of the board;
(d) To prescribe a system of business administration, to create necessary
offices, and to establish the powers, duties, and compensation of all officers, agents, and employees and other persons contracting with the district, subject to the provisions of section 32-9-117;
(e) To prescribe a method of auditing and allowing or rejecting claims and
demands;
(f) To provide a method for the letting of contracts on a fair and competitive
basis for the construction of works, any facility, or any project, or any interest therein, or for the performance or furnishing of labor, materials, or supplies as required in this article;
(g) To designate an official newspaper published in the district in the English
language; except that nothing in this article shall prevent the board from directing publication in any additional newspaper where it deems that the public necessity may so require;
(h) To make and pass resolutions and orders necessary to carry out the
provisions of this article.
Source: L. 69: p. 717, � 1. C.R.S. 1963: � 89-20-13.
C.R.S. § 32-9-119.1
32-9-119.1. Transportation expansion plan - utility relocation - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) The district has been authorized to construct a transportation expansion
plan adopted by the board and approved by the voters on November 2, 2004. The transportation expansion plan anticipates that construction will be completed on all fixed guideway corridors in a twelve-year period.
(b) The scheduling and timely performance of the transportation expansion
plan partially depends on coordination with utility companies for the prompt performance of utility relocation work necessitated by construction of the transportation expansion plan.
(c) Increased coordination between the district and utility companies is in the
public interest, and prompt performance of utility relocation work within the adopted plan schedule will reduce delays and costs of construction. Utility relocation work shall be undertaken in a manner that minimizes the relocation cost and the disruption of utility services.
(2) (a) The district shall negotiate with any affected utility company in each
fixed guideway corridor. In coordination with the district, each utility company shall determine whether a district contractor or the utility company shall be responsible for the relocation of its utility facilities. In making such a determination, the utility company shall take into consideration the location of the utility facilities, complexity of the relocation, and timing of the need for relocation work.
(b) The district and the utility company shall make such arrangements for
funding utility relocations as are specified in the easements, licenses, franchises, or other property interests and rights of use held by the district or the utility company. Nothing in this section is intended to alter existing property agreements, licenses, or other interests of the district and utility company regarding the obligation to pay for utility relocation.
(3) (a) The district may enter into fixed guideway corridor utility relocation
agreements with a utility company. Such agreements shall be for the performance of all services required to assure timely relocation of utilities according to the most current written standards and practices established by the utility company at the time the agreement is entered into, unless other standards are mutually selected by the district and the utility company.
(b) A fixed guideway corridor utility relocation agreement shall include a
schedule for design, review, dispute resolution, and construction.
(c) (I) A fixed guideway corridor utility relocation agreement may provide for
a utility company betterment, including, but not limited to, increased capacity and extensions of services; except that a betterment shall not materially delay project construction and shall be at the expense of the utility company.
(II) As used in this section, betterment means any upgrade of the utility
facility being relocated that is not attributable to project construction and is made solely for the benefit of and at the election of the utility.
(d) A fixed guideway corridor utility relocation agreement may incorporate
reasonable and appropriate conditions, including, but not limited to, conditions for ensuring:
(I) The prompt performance of utility relocation work by either the district,
utility company, or contractor for the transportation expansion plan, as specified in the agreement;
(II) The cooperation of the utility company with the contractor for the
transportation expansion plan; and
(III) The payment by the utility company of any damages caused by the
company's delay in the performance of the relocation work or interference with the performance of the project by any other contractor, except when such delay or interference is caused by a force majeure.
(4) All design and construction of utility relocation shall be subject to review
and approval by district and utility company engineers.
(5) (a) If the district and utility company are unable to reach a fixed guideway
corridor utility relocation agreement, or if utility relocation disputes arise under an agreement, the district and utility company shall each designate an official, at no level lower than district corridor project manager and utility company chief engineer, to resolve the differences.
(b) If the differences cannot be resolved pursuant to paragraph (a) of this
subsection (5), utility relocation disputes shall be heard in the following district courts for each of the following corridors and projects:
(I) For union station, Denver county district court;
(II) For the U.S. 36 corridor, Boulder county district court;
(III) For the west corridor, Jefferson county district court;
(IV) For the gold line corridor, Jefferson county district court;
(V) For the east corridor, Denver county district court;
(VI) For the I-225 corridor, Arapahoe county district court;
(VII) For the southwest corridor, Arapahoe county district court; and
(VIII) For the north corridor, Adams county district court.
(c) It shall be presumed that there will be irreparable harm to the public if an
injunction is not granted to require utility relocation, regardless of a later determination as to which party is responsible for the cost of relocation.
(6) (a) The district shall provide a utility company with detailed maps,
drawings, plans, and profiles of the district's proposed improvements in each fixed guideway corridor in the transportation expansion plan at:
(I) The conclusion of preliminary engineering;
(II) Sixty percent completion of final design;
(III) The conclusion of final design; and
(IV) Such other times as may be requested by the utility company.
(b) The district shall solicit information as to the location of utility facilities
within the fixed guideway corridor from the utility company.
(c) For all utilities identified on any documents provided to or in the
possession of the district, the district shall provide written notice to a utility company as soon as practicable of a transportation expansion plan that will require the relocation of the company's facilities.
(d) (I) Where documents have been in the possession of the district during
final design of a fixed guideway corridor, the district shall provide notice to a utility company of a transportation expansion plan that will require the relocation of the company's facilities not later than one year before relocation is required for each relocation on each fixed guideway corridor.
(II) Notwithstanding subparagraph (I) of this paragraph (d), if major electrical
facilities must be relocated, the district shall provide notice to a utility company at least eighteen months in advance of the required relocation date or the district shall pay the cost of any temporary relocation measures required to maintain service to utility customers. If temporary relocation measures are necessary, such measures shall be provided at the lowest possible cost during construction and relocation.
(III) For any discovery of utilities during construction that are not identified
on documents provided to or in possession of the district, the district and the utility company shall confer within forty-eight hours of discovery to determine appropriate relocation procedures.
(IV) The district and utility company shall, within ten days of discovery, enter
into an agreement as to the manner in which any necessary relocation will be accomplished and the party that shall perform the work.
(V) If an agreement is reached and if the utility company performs under the
agreement, the utility company shall not be liable for delay damages as provided in subsection (8) of this section.
(7) (a) For purposes of ensuring continuation of required utility services to
the residents of the district during and after construction of the fixed guideway corridors, the district may provide, and condemn when necessary, replacement easements for the relocation of utilities. If such replacement easements are necessary, the district shall endeavor to meet any existing standards of the utility for easements. Any necessary condemnation shall be considered a transportation project undertaken by the district. The cost of replacement easements shall be paid:
(I) By the district in those instances where the district has acquired, at no
extra cost, an easement previously owned and occupied by the utility; or
(II) By the utility if the district has compensated the utility for a previously
occupied easement from which the utility is being relocated.
(b) Notwithstanding any local law to the contrary, aboveground utility
facilities shall be relocated aboveground and underground utility facilities shall be relocated underground. To minimize the cost of the reconfiguration of the utility facility, the replacement easement shall be acquired as close as possible to the original location of the facility that must be relocated.
(8) (a) Where the utility company has elected to perform relocation work or
where there has been no agreement reached between a utility company and the district, the utility company shall be liable to the district for actual damages suffered by the district as a direct result of the utility company's delay in the performance of any utility relocation work or as a direct result of the utility company's interference with the performance of fixed guideway corridor construction by other contractors.
(b) Notwithstanding paragraph (a) of this subsection (8), a utility company
shall not be liable for damages caused by the failure to timely perform the relocation work or the interference with the performance of the transportation expansion plan by another contractor when the failure to perform or the interference is caused by a force majeure.
Source: L. 2007: Entire section added, p. 718, � 2, effective May 3.
C.R.S. § 32-9-119.5
32-9-119.5. Competition to provide vehicular service within the regional transportation district - definition. (1) The general assembly hereby finds, determines, and declares that: Public transportation services are provided to assist the transit-dependent and the poor, to relieve congestion, and to minimize automotive pollution; public transportation service should be provided at the lowest possible cost consistent with desired service and safety; private transportation providers have been effectively used under competitive contracts to provide public transportation services at lower costs and with lower annual cost increases; obtaining cost-competitive public transportation services requires the establishment of a mechanism for competitive contracting; facilities and vehicles purchased for public transportation service are public assets which are held in the public trust; contracting for services has historically provided opportunities for minority, women, and disadvantaged business enterprises; and it is the intent of the general assembly that disadvantaged business enterprises, as defined in part 23 of title 49 of the code of federal regulations, as amended, shall have the maximum opportunity to participate in the performance of contracts.
(2) (a) The district may implement a system under which up to fifty-eight
percent of the district's vehicular service is provided by qualified private businesses, nonprofit organizations, or local governments pursuant to competitively negotiated contracts.
(b) (Deleted by amendment, L. 2003, p. 1795, � 2, effective May 21, 2003.)
(c) The district shall promulgate reasonable standards with respect to
experience, safety records, and financial responsibility by which private providers can be qualified to provide vehicular services pursuant to this section.
(d) The district shall prepare a standard form of agreement to provide
vehicular services. Such contract shall include:
(I) The specification of reasonable passenger comfort and safety
characteristics of the equipment used;
(II) The specification of standards for access to vehicular services for
persons with disabilities, which shall be as specified in the district's plan for such services as approved by the federal transit administration;
(III) The specification for reasonable training and safety records to be
required of any driver;
(IV) A provision for reasonable insurance protecting the district from liability
for the acts, negligence, or omission of the provider, its agents, and its employees;
(V) Reasonable standards for reliability and on-time performance;
(VI) Reasonable penalties for inadequate performance, including the
district's right to cancel the contract;
(VII) Provisions for the use of the district's logo, transfers, transit ways, bus
stops, and such other elements as are owned by the district and appropriate for use by the provider to provide coordinated service with the district;
(VIII) A provision that the provider shall retain fifty to one hundred percent of
the passenger fares and remit the balance of such fares to the district;
(IX) A provision that the provider, at its sole risk and in compliance with
applicable laws and regulations, shall have the right to sell additional services, including food and other services to its passengers, and to sell advertising except as prohibited by existing contracts, freight, charter, and other services using the provider's vehicles;
(X) The term of the agreement, which shall be as follows:
(A) For any agreement under which the district shall supply vehicles for use
by the provider and if such vehicles have been financed under any section of the federal Internal Revenue Code of 1986, as amended, that provides tax-free status for such vehicles, a term of not more than three years, including any renewal options;
(B) For any agreement under which the district shall supply vehicles for use
by the provider and if such vehicles have not been financed under any section of the federal Internal Revenue Code of 1986, as amended, that provides tax-free status for such vehicles, a term of not more than five years, including any renewal options; or
(C) For any agreement under which the provider shall supply its own
vehicles, a term of years as negotiated by the district and the provider; and
(XI) No provision specifying wages, benefits, work rules, work conditions, or
union organization of the employees of the provider beyond compliance with applicable regulation and law, including compliance with the Federal Transit Act, 49 U.S.C. sec. 5333 (b).
(3) (a) (I) Subject to the requirements of the Federal Transit Act, as
amended, the district may request proposals from qualified providers to provide up to fifty-eight percent of all of the vehicular service of the district as measured by platform time or platform time equivalents. The district's decision as to which vehicular services are subject to requests for proposals must represent the district's total vehicular service operations; except that each individual request for proposals may designate one type of vehicular service. Service provided by private businesses, nonprofit organizations, or local governments pursuant to this section shall be accomplished through attrition of the district's full-time employees. Layoffs shall not occur solely as a result of the implementation of this section. If the director of the division of labor standards and statistics in the department of labor and employment orders an arbitration pursuant to section 8-3-113 (3), the arbitrator shall not have the power to establish a level of vehicular service to be provided by private businesses, nonprofit organizations, or local governments in accordance with this section.
(II) The district shall establish reasonable standards for platform time
equivalents for all vehicular services that are not ordinarily measured by platform time.
(b) Each request for proposals shall specify the route or service area, service
frequency or hours of operation, and the entire structure of maximum fares determined by the district. Such request for proposals shall include the district's estimate of passenger revenue. Each request for proposals shall also specify any federal funds available for vehicle capital assistance whether through reimbursement of eligible depreciation expenses or through lease of vehicles owned by the district.
(c) Each individual request for proposals shall reflect the district's
determination as to the appropriate size for each such request in order to maximize the number of qualified providers submitting proposals without causing undue operating inefficiencies.
(c.5) Each request for proposals shall specify all of the evaluation factors to
be used by the district in awarding the contract and the weight to be given by the district for each factor. The evaluation factors shall include the cost to the district, cost related factors, non-cost factors such as performance history of comparable services provided in-state or out-of-state, financial stability, managerial experience, operational plan, employee recruitment and training, and any other factors identified by the district. No award shall be made based on cost to the district alone, and in no event shall such cost be weighted more than thirty-five percent in making an award determination.
(d) Any qualified provider may respond to any request for proposals. The
district shall ensure that disadvantaged business enterprises, as defined in part 23 of title 49 of the code of federal regulations, as amended, have the greatest possible opportunity to respond. Any response shall be timely if received by the district within the time specified in its request for proposals, which shall not exceed ninety days nor be less than forty-five days. Each response shall specify the least cost to the district required by the provider submitting the proposal to provide the services described in the request for proposals. If it determines the public interest requires such, the district retains the right to enter into noncompetitively awarded contracts on an interim basis for the time needed to implement the request for proposal process.
(e) (I) With respect to each request for proposals, the district shall award the
contract based on a consideration of the evaluation factors established pursuant to paragraph (c.5) of this subsection (3). Each contract shall be effective not later than ninety days after its award. If the district determines that no responsive proposals are received for a request for proposals or that the proposals submitted would not be in the best interests of the district to accept, the district may reject such proposals and may, in its discretion, solicit new proposals for the designated service in accordance with the provisions of this section.
(II) (Deleted by amendment, L. 98, p. 126, � 1, effective August 5, 1998.)
(4) (Deleted by amendment, L. 2003, p. 1795, � 2, effective May 21, 2003.)
(5) Any person qualified to provide vehicular services pursuant to subsection
(2) of this section who does not require a district subsidy shall be able to provide vehicular services within the district. Such person shall execute the district's standard form of agreement to provide vehicular services; except that such person shall be free to determine and retain passenger fares. Vehicles operated pursuant to this subsection (5) shall be identified to the public as charging fares not established by the district.
(6) Fares for vehicular services provided pursuant to this section shall be
exempt from sales or use taxes imposed pursuant to article 26 of title 39, C.R.S. Providers shall not otherwise be exempt from property, sales, income, excise, and other taxes.
(7) The provision of vehicular services in accordance with this section shall
not be subject to regulation by the public utilities commission of the state of Colorado; except that taxi service as defined in the commission's rules shall be subject to regulation by the commission.
(8) (a) For purposes of providing legislative oversight of the operation of this
section, the transportation legislation review committee shall review the district's implementation of this section and recommend any necessary changes to the general assembly.
(b) Repealed.
(9) (Deleted by amendment, L. 2007, p. 970, � 1, effective August 3, 2007.)
(10) As used in this section, local government means any county, city and
county, city, town, district, authority, or other political subdivision of the state, or any department, agency, or instrumentality thereof, or any other entity, organization, or corporation formed by intergovernmental agreement or other contract between or among any of the foregoing.
Source: L. 88: Entire section added, p. 1152, � 1, effective May 3. L. 90: (2)(a),
(2)(d)(X), and (3)(c) to (3)(e) amended, p. 1512, � 1, effective April 9. L. 92: (2)(d)(II) amended, p. 1345, � 2, effective July 1. L. 94: (8)(a) amended, p. 622, � 2, effective April 14. L. 96: (3)(e) amended, p. 1883, � 1, effective June 8; (8)(b) repealed, p. 1274, � 209, effective August 7. L. 98: (3)(e) amended, p. 126, � 1, effective August 5. L. 99: (2)(a), (2)(d)(X), and (3)(a) amended, p. 940, � 1, effective May 28. L. 2003: (2)(a), (2)(b), (2)(c), IP(2)(d), (2)(d)(II), (2)(d)(XI), (3)(a), (3)(b), (3)(e)(I), (4), (5), (6), and (7) amended and (3)(c.5) added, p. 1795, � 2, effective May 21. L. 2007: (2)(a), (3)(a)(I), and (9) amended, p. 970, � 1, effective August 3. L. 2016: (3)(a)(I) amended, (HB 16-1323), ch. 131, p. 381, � 21, effective August 10. L. 2021: (2)(a) and (3)(a) amended and (10) added, (HB 21-1186), ch. 182, p. 980, � 1, effective September 7.
C.R.S. § 33-1-105
33-1-105. Powers of commission. (1) The commission has power to:
(a) (I) Acquire by gift, transfer, devise, lease, purchase, or long-term
operating agreement such land and water, or interest in land and water, as in the judgment of the commission may be necessary, suitable, or proper for wildlife purposes or for the preservation or conservation of wildlife. The term interest in land and water, as used in this section, means any and all rights and interests in land, including but not limited to fee title interests, future interests, easements, covenants, and contractual rights. Every such interest in land and water held by the commission when properly recorded shall run with the land or water to which it pertains for the benefit of the citizens of this state and may be protected and enforced by the commission in the district court of the county in which the land or water, or any portion thereof, is located. Game cash funds shall not be expended for water development projects except in those projects specifically authorized by the commission. Whenever the commission purchases any fee title interest in land or water as authorized by this section, it shall follow the procedures established in section 33-1-105.5.
(II) Repealed.
(b) Lease, exchange, or sell any property, water, land, or interest in land or
water, including oil, gas, and other organic and inorganic substances which now are or may become surplus or which, in the proper management of the division, the commission desires to lease, exchange, or sell in accordance with the joint rule number 34 of the senate and house of representatives. All sales of property, water, or lands shall be at public sale, and the commission has the right to reject any or all bids. As used in this paragraph (b), exchange means the transferring of property, water, land, or interest in land or water to another person in consideration for the transfer to the commission of other property, water, land, or interest in land or water, or cash, or any combination thereof; except that any cash received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange shall not be deemed a sale merely because dollar values have been assigned to any property, water, land, or interest in land or water, for the purpose of ensuring that the commission will receive adequate compensation.
(c) Construct or otherwise establish public facilities and conveniences at any
site or on any land in which the commission holds an interest and operate and maintain all such lands, facilities, and conveniences and provide services with respect thereto, and, when appropriate, make reasonable fees or charges for their use or enter into contracts for their maintenance or operation;
(d) Capture, provide for propagation of, transport, buy, sell, or exchange any
species of wildlife needed for the purpose of stocking any of the lands or waters of this state;
(e) Enter into cooperative agreements with state and other agencies,
educational institutions, municipalities, political subdivisions, corporations, clubs, landowners, associations, and individuals for the development and promotion of wildlife programs;
(f) (I) Receive and expend:
(A) Grants, gifts, sponsorships, contributions, donations, and bequests,
including federal money, made available for the purposes for which the commission is authorized; and
(B) Moneys made available to the division for the purpose of mitigating or
offsetting adverse impacts of development on wildlife or wildlife habitat.
(II) The commission may provide matching funds when appropriate moneys
are available. The commission shall provide such information as may be required in order to secure matching funds. The receipt and expenditure of money so received by the commission shall be reported to the executive director prior to the time of submission of the commission's annual budget requests.
(g) Enter into agreements with landowners for public hunting and fishing
areas. Such agreements shall be negotiated by the commission or its authorized agent and shall provide that, if the landowner opens the land under his control to public hunting and fishing, the commission shall compensate him in an amount to be determined by the parties to the agreement. Under the agreement, the commission shall control public access to the land to prevent undue damage and to properly manage attendant wildlife populations. The commission shall not be liable for damages caused by the public other than those specified in the agreement. Nothing in section 33-4-103 limits the authority of the commission both to enter into an agreement and to include the issuance of a hunting license in the agreement. Nothing in section 33-3-103.5 limits the authority of the commission to negotiate the waiver of game damage eligibility in an agreement.
(h) Provide for the destruction of any wildlife that poses a threat to public
health, safety, or welfare;
(i) (I) Purchase, without using the bid process required by section 33-1-105.5,
no more than two thousand acres of real property in Mesa county to build a multi-use shooting facility using moneys received from:
(A) Appropriated funds or nonappropriated grant moneys; or
(B) The federal government.
(II) The commission may contract with an independent contractor to build or
operate the multi-use shooting facility authorized by this paragraph (i).
(III) The authority to purchase land under subparagraph (I) of this paragraph
(i) expires on July 1, 2020, but this expiration does not affect the authority to build and operate or to contract to build and operate the multi-use shooting facility.
(2) Nothing in articles 1 to 6 of this title 33 authorizes the commission to
change any penalty prescribed by law for a violation of articles 1 to 6 of this title 33.
(3) (a) In the event that the commission plans to acquire the fee title to any
real property or to acquire an easement for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars or to enter into any lease agreement for the use of real property for a period to exceed twenty-five years or at a cost to exceed one hundred thousand dollars, or to sell or otherwise dispose of the fee title to any real property that has a market value in excess of one hundred thousand dollars, after the commission has approved the transaction but before it has completed the transaction, the commission shall submit a report to the capital development committee that outlines the anticipated use of the real property, the maintenance costs related to the property, the current value of the property, any conditions or limitations that may restrict the use of the property, and, in the event real property is acquired, the potential liability to the state that will result from the acquisition. The capital development committee shall review the reports submitted by the commission and make recommendations to the commission concerning the proposed land transaction within thirty days from the day on which the report is received. The commission shall not complete the transaction without considering the recommendations of the capital development committee, if the recommendations are made in a timely manner.
(b) Repealed.
Source: L. 84: Entire article R&RE, p. 855, � 1, effective January 1, 1985. L. 90:
(3) added, p. 1284, � 3, effective April 3. L. 92: (1)(a) amended, p. 1898, � 1, effective July 1. L. 95: (1)(a) and (3) amended, p. 1012, � 2, effective May 25. L. 2000: (1)(a)(II) and (3)(b) amended, p. 397, � 1, effective April 11. L. 2003: (1)(h) added, p. 1939, � 1, effective May 22. L. 2004: (1)(a)(II) and (3)(b) repealed, p. 417, � 3, effective April 13. L. 2009: (3)(a) amended, (HB 09-1168), ch. 83, p. 306, � 1, effective August 5. L. 2014: (1)(i) added, (HB 14-1275), ch. 288, p. 1181, � 1, effective August 6. L. 2015: (1)(f) amended, (HB 15-1243), ch. 167, p. 513, � 3, effective August 5. L. 2016: (1)(g) amended, (SB 16-137), ch. 149, p. 446, � 1, effective August 10. L. 2018: (1)(f)(I)(A) and (2) amended, (SB 18-143), ch. 207, p. 1328, � 4, effective August 8.
Editor's note: This section is similar to former �� 33-1-108, 33-1-112, and 33-1-113 as they existed prior to 1984.
Cross references: (1) For the legislative declaration and acquisition
authorization for the Frisco Creek wildlife hospital and rehabilitation center contained in the 2004 act repealing subsections (1)(a)(II) and (3)(b), see sections 1 and 2 of chapter 135, Session Laws of Colorado 2004.
(2) For the short title (Hunting, Fishing, and Parks for Future Generations
Act) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.
C.R.S. § 33-1-112
33-1-112. Funds - cost accounting - definition. (1) (a) Except as provided in subsections (7) and (8) of this section, sections 33-1-112.5 and 33-6-105, and in part 7 of article 22 of title 39, all money received from wildlife license fees, all money from all other wildlife sources, all money from fees collected pursuant to section 42-3-267 (4)(a)(II), and all interest earned on such money shall be deposited in the state treasury and credited to the wildlife cash fund, which fund is hereby created. Except as provided in subsection (1)(c) of this section, the money in the wildlife cash fund shall be utilized for expenditures authorized or contemplated by and not inconsistent with the provisions of articles 1 to 6 of this title 33 for wildlife activities and functions and for the financing of impact assistance grants pursuant to part 3 of article 25 of title 30. All money so deposited in the wildlife cash fund shall remain in the fund to be used for the purposes set forth in the provisions of articles 1 to 6 of this title 33 and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund.
(b) Repealed.
(c) (I) The division shall use the money from fees paid pursuant to section 42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for any of the following
purposes related to the restoration and management of gray wolves pursuant to section 33-2-105.8:
(A) Programs, training, personnel, contractors, and community outreach
events related to nonlethal means of mitigating and preventing conflict with gray wolves;
(B) The purchase and deployment of equipment, technology, and training
materials related to nonlethal means of mitigating and preventing conflict with gray wolves;
(C) To support research related to developing more effective tools,
technology, and methods for mitigating and preventing conflict with gray wolves by nonlethal means;
(D) To support the observation, monitoring, and nonlethal management of
gray wolf populations;
(E) For promotion of the Born to Be Wild license plate, for which the
division shall solicit grant applications annually from, and may award grants to, organizations in order to promote and market the Born to Be Wild license plate; or
(F) Other nonlethal means for reducing conflict with gray wolves, as
determined by the division.
(II) The division shall not use any money from fees paid pursuant to section
42-3-267 (4)(a)(II) and deposited in the wildlife cash fund for the lethal control of wolves or for compensation for wolf depredation.
(1.5) and (1.7) Repealed.
(2) There is hereby created a stores revolving fund in the amount of eight
hundred thousand dollars, which amount shall be maintained to acquire stock for warehousing and distributing supplies to operating units of the division. The moneys in such fund shall under no circumstances be used for the payment of operating expenses but shall be maintained intact as a revolving fund of eight hundred thousand dollars, composed of the following assets: Cash, accounts receivable, and inventory supplies. The purpose of the fund is to provide better budgetary control, and nothing contained in this subsection (2) shall authorize the division to make any purchases or acquisitions in any manner except as provided by law.
(3) There is hereby created the vanpool program revolving account. Receipts
from participants in vanpools operated by the division shall be deposited to said account and shall be used only to pay the monthly operating and maintenance costs of such vans which are attributable to the use of such motor vehicles in carrying persons to and from work and to pay that portion of the purchase cost of replacement motor vehicles which is attributable to the use of the motor vehicles in carrying persons to and from work.
(3.5) (a) There is hereby created the wildlife management public education
fund. Money in the fund consists of the surcharge authorized by section 33-4-102 (8.5), any money the general assembly allocates to the fund, and money collected from gifts, donations, contributions, bequests, grants, and funds or reimbursements made from other sources to the wildlife council created in section 33-4-120.
(b) Money in the wildlife management public education fund is subject to
annual appropriation and shall be used by the wildlife council for carrying out its duties as set forth in section 33-4-120, including the reasonable and necessary expenses incurred by council members in fulfilling their duties, as approved by the director.
(c) All receipts and interest derived from the investment of moneys in the
wildlife management public education fund shall be credited to such fund.
(4) The director of the division, with the consent and approval of the
executive director, is authorized and directed to establish an adequate system of accounting which shall provide accurate and timely records of:
(a) All moneys received and from what sources;
(b) All moneys expended and for what purposes;
(c) All licenses that are issued, numbering each type separately.
(5) In his annual budget request to the governor, the executive director shall
clearly show the allocations of funds used for wildlife purposes among operations, land acquisition, and capital construction and for any other purposes.
(6) The cost of nongame programs established under articles 1 to 6 of this
title 33 shall be borne by the general fund, the Colorado nongame conservation and wildlife restoration cash fund, the wildlife cash fund, and any other sources deemed appropriate by the general assembly.
(7) (a) (I) (A) There is hereby created in the state treasury the wildlife for
future generations trust fund. The fund consists of moneys appropriated to the fund by the general assembly, moneys received from energy or mineral royalties or leases of energy or mineral rights on wildlife properties, and gifts, grants, and donations.
(B) For purposes of this subparagraph (I), wildlife properties means state
wildlife areas and any other wildlife properties in which the division owns mineral interests.
(C) No less than fifty percent of the total moneys deposited in the fund other
than interest shall be accrued and maintained intact, and the remaining balance of the moneys deposited into the fund may be expended subject to appropriation by the general assembly; except that the interest earned on moneys in the fund is continuously appropriated and may be expended on such property operation and maintenance and other wildlife projects and programs as the commission deems appropriate.
(II) The fund is under the control of and administered by the commission. The
controller shall authorize disbursements from the fund as directed by the commission on receipt of a voucher from the commission stating that the disbursement is in accordance with this subsection (7).
(III) Repealed.
(IV) All moneys and interest in the fund remain in the fund to be used for the
purposes set forth in this subsection (7) and shall not be deposited in or transferred to the general fund or any other fund.
(b) There is hereby created a wildlife habitat account in the wildlife for
future generations trust fund, created in paragraph (a) of this subsection (7). The state treasurer shall deduct five million dollars from the wildlife cash fund, created in subsection (1) of this section, and transfer such sum to the wildlife habitat account. The interest earned on such five million dollars shall be continuously appropriated and shall be used solely for operation and maintenance of properties, leases, and easements owned by the division.
(8) (a) There is hereby created in the state treasury the habitat partnership
cash fund. The moneys in the habitat partnership cash fund shall consist of those moneys annually transferred from the wildlife cash fund in accordance with paragraph (e) of this subsection (8) for the partnership program and any gifts, grants, donations, and reimbursements made to the program from other sources. The moneys in the fund shall be used in accordance with the duties of the habitat partnership council as specified in section 33-1-110 (7) and (8), including, but not limited to, reasonable and necessary expenses incurred by council members in the fulfillment of their duties, as approved by the director. All interest derived from the investment of moneys in the habitat partnership cash fund shall be credited to the fund. Any balance remaining in the fund at the end of any fiscal year shall remain in the fund subject to the limitations provided in paragraph (e) of this subsection (8).
(b) Notwithstanding section 24-1-136 (11)(a)(I), the council shall submit an
annual report to the commission, the senate and house agriculture committees, and the executive director of the department of natural resources specifically stating the items for which it has expended money from the fund and the purpose of such items.
(c) If the council ceases to exist, all moneys in the habitat partnership cash
fund shall revert to the wildlife cash fund.
(d) (Deleted by amendment, L. 96, p. 1729, � 2, effective June 3, 1996.)
(e) (I) On July 1, 2002, and each year thereafter, there shall be transferred
from the wildlife cash fund to the habitat partnership cash fund an amount equal to five percent of the net sales of big game licenses used in the geographic areas represented by local habitat partnership committees from the previous calendar year.
(II) All moneys in the habitat partnership cash fund shall be continuously
appropriated to the division of parks and wildlife for the purpose of funding the habitat partnership program.
(III) The balance of unexpended and unencumbered money in the habitat
partnership cash fund at the end of each state fiscal year must not exceed the total amount of the wildlife cash fund transfer from the beginning of that state fiscal year. Any amount of unexpended and unencumbered money in the habitat partnership cash fund at the end of a state fiscal year that exceeds the amount transferred to the fund at the beginning of that state fiscal year reverts to the wildlife cash fund.
(IV) Repealed.
Source: L. 84: Entire article R&RE, p. 859, � 1, effective January 1, 1985. L. 87:
(1) amended, p. 1266, � 1, effective January 1, 1988. L. 89: (1) and (6) amended and (7) added, p. 1342, � 2, effective July 1. L. 90: (6) amended, p. 1739, � 4, effective April 3. L. 92: (1) amended and (8) added, p. 1891, � 2, effective June 2. L. 96: (8) amended, p. 1729, � 2, effective June 3. L. 98: (3.5) added, p. 855, � 1, effective July 1. L. 99: (3.5) amended, p. 1395, � 1, effective June 4. L. 2000: (7) amended, p. 1365, � 1, effective May 30. L. 2001: (8)(a) amended and (8)(e) added, p. 699, � 2, effective July 1, 2002. L. 2002: (7)(a) and (8)(b) amended, p. 876, � 2, effective August 7. L. 2003: (7)(a) amended, p. 2013, � 109, effective May 22. L. 2005: (3.5)(a) amended, p. 474, � 4, effective January 1, 2006. L. 2007: (8)(e)(IV) amended, p. 166, � 1, effective March 22. L. 2008: (1) amended, p. 1588, � 2, effective May 29. L. 2015: (8)(e)(IV) amended, (SB 15-199), ch. 222, p. 813, � 1, effective May 22; (7)(a) amended, (HB 15-1243), ch. 167, p. 511, � 1, effective August 5. L. 2017: (6) amended, (HB 17-1250), ch. 362, p. 1899, � 3, effective August 9; (7)(a)(III) and (8)(b) amended, (HB 17-1257), ch. 254, p. 1064, � 4, effective August 9. L. 2018: (1)(b) repealed, (HB 18-1008), ch. 137, p. 895, � 1, effective August 8; (3.5)(a) and (3.5)(b) amended, (SB 18-143), ch. 207, p. 1328, � 5, effective August 8. L. 2021: (1.5) added, (HB 21-1326), ch. 274, p. 1592, � 2, effective June 21. L. 2022: (1.7) added, (SB 22-168), ch. 296, p. 2114, � 1, effective June 1; (8)(e)(III) amended and (8)(e)(IV) repealed, (HB 22-1072), ch. 116, p. 542, � 2, effective August 10. L. 2023: (1)(a) amended and (1)(c) added (HB 23-1265), ch. 231, p.1216, � 3, effective August 7. L. 2024: (7)(a)(III) repealed, (SB 24-135), ch. 34, p. 119, � 35, effective March 22.
Editor's note: (1) This section is similar to former � 33-1-116 as it existed prior
to 1984.
(2) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective
September 1, 2024. (See L. 2021, p. 1592.)
(3) Subsection (1.7)(b) provided for the repeal of subsection (1.7), effective
July 1, 2025. (See L. 2022, p. 2114.)
Cross references: (1) For the short title (Hunting, Fishing, and Parks for
Future Generations Act) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.
(2) For the legislative declaration in HB 23-1265, see section 1 of chapter
231, Session Laws of Colorado 2023.
C.R.S. § 33-10-118
33-10-118. Division to study access to state parks. (1) The division shall collaborate with local governments to identify:
(a) Deficits or potential deficits with local transportation infrastructure and
services used by visitors to access state parks; and
(b) Sources of funding and partnerships to address the deficits or potential
deficits described in subsection (1)(a) of this section.
(2) In studying the issues described in subsection (1) of this section, the
division shall consider:
(a) The use of and effect on local transportation infrastructure and services
of visitors traveling to and from state parks;
(b) Infrastructure costs incurred by local governments in supporting the
state in managing state parks and the appropriateness of the division or other persons, including users, to help support infrastructure funding;
(c) Economic and community benefits and negative effects of state parks on
local economies and the difference in benefits and effects incurred by counties and municipalities;
(d) Existing local government revenue, including fees, assessments, and
taxes, and payments by the division in lieu of taxes that are available to:
(I) Develop and maintain transportation infrastructure; or
(II) Provide transportation services related to recreation;
(e) Methods of providing guidance to determine which local access routes
should be eligible for any identified funding;
(f) Past examples of issues with providing local transportation infrastructure
and services used to access state-managed recreational land and opportunities to work with the division in addressing those issues both at the inception stage and over the lifespan of the state park;
(g) Current resources available for and dedicated to a community's local
transportation infrastructure and services for a baseline of existing maintenance budgets, new sources of funding or partnerships to assist in the maintenance of local access routes to and from state parks, and the predictability and reliability of the sources;
(h) The local government's financial demands of maintaining transportation
infrastructure and services needed to access state parks in relationship to the financial demands of maintaining other local transportation infrastructure and services within the local jurisdiction; and
(i) The effects of local transportation conditions on local access routes
serving state parks on the visitor experience.
(3) When performing the initial study required in subsection (2) of this
section, the division shall seek input from the department of transportation and the department of local affairs before completing the study.
(4) The division shall complete the study described in this section and make
legislative recommendations to the general assembly by November 1, 2024. The recommendations must include sources for funding or partnerships to assist in the maintenance of local transportation infrastructure and services associated with state parks.
Source: L. 2023: Entire section added, (SB 23-059), ch. 223, p. 1153, � 2,
effective August 7.
Cross references: For the legislative declaration in SB 23-059, see section 1
of chapter 223, Session Laws of Colorado 2023.
ARTICLE 10.5
Aquatic Nuisance Species
33-10.5-101. Legislative declaration. (1) The general assembly hereby finds,
determines, and declares that:
(a) Aquatic nuisance species have devastating economic, environmental, and
social impacts on the aquatic resources and water infrastructure of the state;
(b) Recreational vessels are a significant source of the spread of aquatic
nuisance species in Colorado;
(c) One of the division's highest priorities should be the prevention,
containment, and eradication of aquatic nuisance species in waters of the state in which the species have been detected or are likely to be introduced; and
(d) Therefore, the purposes of enacting this article 10.5 are:
(I) To implement actions to detect, prevent, contain, control, monitor, and,
whenever possible, eradicate aquatic nuisance species from the waters of the state and to protect human health, safety, and welfare from aquatic nuisance species; and
(II) To foster and encourage, to the greatest extent possible, voluntary
compliance with this article 10.5.
(2) The general assembly further finds, determines, and declares that:
(a) Some of the aquatic resources and water infrastructure within the state
are owned or managed by the United States bureau of reclamation, the United States Army corps of engineers, the United States forest service, or another agency of the federal government, and not by the division;
(b) A failure to detect, prevent, contain, and, when possible, eradicate
aquatic nuisance species from any one of these federally managed aquatic resources or water infrastructure facilities would threaten the health and vibrancy of all aquatic resources and water infrastructure facilities within the state; and
(c) Therefore, the purposes for which this article 10.5 is enacted may be
achieved only if the federal government dedicates sufficient funding and resources to the prevention, containment, and, when possible, eradication of aquatic nuisance species from the aquatic resources and water infrastructure managed by federal agencies within the state.
Source: L. 2008: Entire article added, p. 1583, � 1, effective May 29. L. 2018:
Entire section amended, (HB 18-1008), ch. 137, p. 896, � 3, effective August 8.
33-10.5-102. Definitions. As used in this article 10.5, unless the context
otherwise requires:
(1) Aquatic nuisance species means exotic or nonnative aquatic wildlife or
any plant species that have been determined by the commission to pose a significant threat to the aquatic resources or water infrastructure of the state.
(2) Authorized agent means any person, employee, or representative of
local, state, or federal government or any subdivision of the government that is authorized by the government or governmental subdivision to temporarily stop, detain, and inspect a conveyance for aquatic nuisance species.
(3) Repealed.
(4) Conveyance means a motor vehicle, vessel, trailer, or any associated
equipment or containers, including, but not limited to, live wells, ballast tanks, and bilge areas that may contain or carry an aquatic nuisance species.
(5) Decontaminate means to wash, drain, dry, or chemically or thermally
treat a conveyance in accordance with rules promulgated by the commission in order to remove or destroy an aquatic nuisance species.
(6) Division means the division of parks and wildlife created in section 33-9-104.
(7) Equipment means an article, tool, implement, or device capable of
containing or transporting water.
(8) Inspect means to examine a conveyance pursuant to procedures
established by the commission by rule in order to determine whether an aquatic nuisance species is present, and includes examining, draining, or chemically treating water in the conveyance.
(8.5) Motorboat has the same meaning as set forth in section 33-13-102 (1).
(9) Qualified peace officer means a Colorado wildlife officer, special parks
officer, or special wildlife officer; a parks and recreation officer; a peace officer in the department of public safety; and a peace officer with jurisdiction over any waters of the state.
(10) Sailboat has the same meaning as set forth in section 33-13-102 (4).
Source: L. 2008: Entire article added, p. 1584, � 1, effective May 29. L. 2012:
(1), (5), and (8) amended and (3) repealed, (HB 12-1317), ch. 248, p. 1219, � 39, effective June 4. L. 2018: IP amended and (8.5) and (10) added, (HB 18-1008), ch. 137, p. 897, � 4, effective August 8.
Cross references: For additional definitions applicable to this article 10.5,
see � 33-10-102.
33-10.5-103. Powers and duties of the division - annual report. (1) (a) In
order to prevent, control, contain, monitor, and, whenever possible, eradicate aquatic nuisance species from the waters of the state, the division is authorized to establish, operate, and maintain aquatic nuisance species check stations in order to inspect conveyances pursuant to section 33-10.5-104.
(b) Repealed.
(2) Upon a reasonable belief that an aquatic nuisance species may be
present, the division may:
(a) Require the owner of a conveyance to decontaminate the conveyance; or
(b) Decontaminate or impound and quarantine the conveyance pursuant to
section 33-10.5-104.
(3) The division may monitor the waters of the state for the presence of
aquatic nuisance species, but only if the division has received permission to monitor from the persons controlling access to such waters.
(4) The division shall, in cooperation with the department of public safety,
the Colorado office of economic development, the Colorado tourism office, the water conservation board created in section 37-60-102, C.R.S., and the department of agriculture, develop a strategic statewide plan to prevent, control, monitor, educate persons about, and, whenever possible, eradicate aquatic nuisance species.
(5) Notwithstanding section 24-1-136 (11)(a)(I), beginning on January 15, 2009,
and on or before January 15 of each year thereafter, the division and the water conservation board created in section 37-60-102 shall make an annual report of the efforts in addressing aquatic nuisance species in Colorado for the preceding calendar year to the joint house agriculture, livestock, and natural resources committee and the senate agriculture, natural resources, and energy committee, or its successor committee. Each such report shall set forth a complete operating and financial statement covering the aquatic nuisance species operations of the division during the year.
Source: L. 2008: Entire article added, p. 1584, � 1, effective May 29. L. 2017:
(5) amended, (HB 17-1257), ch. 254, p. 1065, � 7, effective August 9. L. 2021: (1) amended, (HB 21-1226), ch. 163, p. 920, � 1, effective September 7.
Editor's note: Subsection (1)(b)(II) provided for the repeal of subsection (1)(b),
effective September 1, 2025. (See L. 2021, p. 920.)
33-10.5-104. Inspection of conveyances - impoundment and quarantine -
reimbursement - rules. (1) (a) Every qualified peace officer is authorized to enforce this article; except that such officer shall have a reasonable belief that a conveyance may contain an aquatic nuisance species before the officer orders the conveyance decontaminated or impounded and quarantined.
(b) Every qualified peace officer is authorized to stop and inspect for the
presence of aquatic nuisance species a conveyance:
(I) (A) Prior to a vessel being launched onto waters of the state;
(B) Prior to departing from the waters of the state or a vessel staging area;
(C) That is visibly transporting any aquatic plant material; and
(D) Upon a reasonable belief that an aquatic nuisance species may be
present; or
(II) That has encountered an aquatic nuisance species check station.
(2) Except as provided in subsection (4) of this section, a qualified peace
officer may impound and quarantine a conveyance if:
(a) The qualified peace officer finds or reasonably believes that an aquatic
nuisance species may be present after conducting an inspection authorized by this article;
(b) The person transporting the conveyance refuses to submit to an
inspection authorized by this article for the presence of an aquatic nuisance species; or
(c) The person transporting the conveyance refuses to comply with an order
authorized by this article to decontaminate the conveyance.
(3) The impoundment and quarantine of a conveyance may continue for the
reasonable period necessary to inspect and decontaminate the conveyance and ensure that the aquatic nuisance species has been completely removed from the conveyance and is no longer living.
(4) Notwithstanding any provision to the contrary, no motor vehicle that is
drawing a conveyance shall be impounded or quarantined pursuant to this article; however, the conveyance being drawn is still subject to impoundment and quarantine under this section.
(5) An authorized agent shall have the authority to stop, detain, and inspect a
conveyance for the presence of an aquatic nuisance species; however, unless the authorized agent is a qualified peace officer, the authorized agent has no authority to impound and quarantine or order a conveyance decontaminated.
(6) (a) When a conveyance that has been impounded and quarantined
pursuant to this section is decontaminated, the division may charge the owner of the conveyance the cost incurred by the division or its contractor in storing and decontaminating the conveyance.
(b) The charge imposed pursuant to subsection (6)(a) of this section shall be
transmitted to the state treasurer, who shall credit the amounts to the division of parks and wildlife aquatic nuisance species fund, created in section 33-10.5-108.
Source: L. 2008: Entire article added, p. 1585, � 1, effective May 29. L. 2018:
(3) amended and (6) added, (HB 18-1008), ch. 137, p. 897, � 5, effective August 8. L. 2021: (1)(b) amended, (HB 21-1226), ch. 163, p. 920, � 2, effective September 7.
33-10.5-104.5. Aquatic nuisance species stamp - creation - short title -
rules. (1) The short title of this section is the Mussel-free Colorado Act.
(2) (a) For any motorboat or sailboat registered in Colorado pursuant to
section 33-13-103 for the year 2019 and thereafter, a person shall purchase a separate aquatic nuisance species stamp from the division at a cost of twenty-five dollars to operate or use the motorboat or sailboat on the waters of this state or to possess the motorboat or sailboat at a vessel staging area.
(b) On and after January 1, 2019, for any motorboat or sailboat exempted
from registration in Colorado pursuant to section 33-13-103 (1)(b) to (1)(d), a person shall purchase an aquatic nuisance species stamp from the division at a cost of fifty dollars to operate or use the motorboat or sailboat on the waters of this state or to possess the motorboat or sailboat at a vessel staging area; except that a person exempted from registration in Colorado under section 33-13-103 (1)(b), but who is a Colorado resident, need only pay twenty-five dollars for an aquatic nuisance species stamp pursuant to subsection (2)(a) of this section.
(c) A person who pays for an aquatic nuisance species stamp for a motorboat
or sailboat shall, when operating the motorboat or sailboat, retain the stamp receipt on his or her person or on the motorboat or sailboat.
(3) The parks and wildlife commission may, by rule adopted after August 8,
2018, adjust the amount of the aquatic nuisance species stamp described in subsection (2) of this section by an amount up to the total amount reflected by the changes made in the United States bureau of labor statistics consumer price index for the Denver-Aurora-Lakewood consolidated metropolitan statistical area for all urban consumers and all goods, or its successor index.
(4) The division shall transmit the stamp fees collected pursuant to this
section to the state treasurer, who shall credit them to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108.
Source: L. 2018: Entire section added, (HB 18-1008), ch. 137, p. 897, � 6,
effective August 8. L. 2019: (3) amended, (SB 19-241), ch. 390, p. 3475, � 46, effective August 2.
33-10.5-105. Prohibition of aquatic nuisance species - rules - penalties. (1)
A person shall not:
(a) Possess, import, export, ship, or transport an aquatic nuisance species,
except as authorized by the commission by rule;
(b) Release, place, plant, or cause to be released, placed, or planted into the
waters of the state an aquatic nuisance species;
(c) Refuse to comply with a proper order issued under this article 10.5;
(d) Fail or refuse to reimburse the division in accordance with section 33-10.5-104 (6)(a); or
(e) If the person encounters an aquatic nuisance species check station, fail
or refuse to stop at the aquatic nuisance species check station while transporting a conveyance during the check station's hours of operation without presenting the conveyance for inspection.
(2) (a) A person who knowingly or willfully violates any of the provisions in
subsections (1)(a) to (1)(d) of this section:
(I) For a first offense, commits a petty offense, and, upon conviction, shall be
fined five hundred dollars and issued a warning from the division of the increased penalties for subsequent violations;
(II) For a second offense, is guilty of a misdemeanor and, upon conviction,
shall be fined one thousand dollars; and
(III) For a third and any subsequent offense, commits a class 2 misdemeanor
and, upon conviction, shall be punished as provided in section 18-1.3-501.
(a.5) A person who knowingly or willfully violates subsection (1)(e) of this
section commits a civil infraction and, upon entry of judgment, shall be fined one hundred dollars.
(b) The fine amounts collected pursuant to this subsection (2) shall be
transmitted to the state treasurer, who shall credit the amounts to the division of parks and wildlife aquatic nuisance species fund, created in section 33-10.5-108.
(3) (a) A person shall not:
(I) Fail or refuse to comply with a qualified peace officer's or an authorized
agent's request, pursuant to section 33-10.5-104, to stop, detain, and inspect any conveyance that the person is operating;
(II) Launch a vessel without obtaining a conveyance inspection at an aquatic
nuisance species check station pursuant to section 33-10.5-103; or
(III) If required to purchase an aquatic nuisance species stamp pursuant to
section 33-10.5-104.5, fail or refuse to purchase the stamp.
(b) A person who violates subsection (3)(a) of this section commits a civil
infraction and, upon conviction, shall be punished by a fine of one hundred dollars.
(c) The proceeds from collection of the fines imposed pursuant to this
subsection (3) shall be transmitted to the state treasurer, who shall credit the amounts collected to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108.
Source: L. 2008: Entire article added, p. 1586, � 1, effective May 29. L. 2018:
Entire section amended, (HB 18-1008), ch. 137, p. 898, � 7, effective August 8. L. 2019: (1)(a) amended, (HB 19-1026), ch. 423, p. 3697, � 16, effective July 1. L. 2021: (1)(c), (1)(d), and IP(2)(a) amended and (1)(e) and (2)(a.5) added, (HB 21-1226), ch. 163, p. 921, � 3, effective September 7; (2)(a)(I) and (3)(b) amended, (SB 21-271), ch. 462, p. 3262, � 563, effective March 1, 2022. L. 2022: (2)(a.5) amended, (HB 22-1229), ch. 68, p. 347, � 34, effective March 1.
Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of
Colorado 2022, provides that the act amending subsection (2)(a.5) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: For the short title (Respect the Great Outdoors Act) and
the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.
33-10.5-106. Duty to report. A person who knows that an aquatic nuisance
species is present at a specific location shall immediately report such knowledge and all pertinent information to the division.
Source: L. 2008: Entire article added, p. 1587, � 1, effective May 29.
33-10.5-107. Commission to promulgate rules. (1) The commission is
authorized to promulgate rules pursuant to article 4 of title 24, C.R.S., as necessary to prevent, control, contain, monitor, and, whenever possible, eradicate aquatic nuisance species. In promulgating such rules, the commission shall consult with any affected state, federal, and tribal governmental entities and subdivisions thereof, including special districts, water conservancy districts, and water supply agencies.
(2) The commission shall promulgate rules to administer and enforce this
article. Such rules shall include:
(a) Procedures for the inspection of conveyances for the presence of aquatic
nuisance species;
(b) Procedures for the impoundment and quarantine of conveyances
pursuant to section 33-10.5-104, including notification of the location and contact information to owners of impounded conveyances;
(c) Procedures for the decontamination of conveyances and destruction of
aquatic nuisance species removed from conveyances;
(d) Methods to establish proof that a conveyance has been decontaminated;
(e) Processes for the facilitation of the reporting required by section 33-10.5-106; and
(f) Policies for the monitoring and identification of the waters of the state or
geographic areas that are or may be infested with aquatic nuisance species.
Source: L. 2008: Entire article added, p. 1587, � 1, effective May 29. L. 2012:
(1) and IP(2) amended, (HB 12-1317), ch. 248, p. 1220, � 40, effective June 4.
33-10.5-108. Division of parks and wildlife aquatic nuisance species fund -
creation. (1) (a) (I) There is hereby created in the state treasury the division of parks and wildlife aquatic nuisance species fund, also referred to in this section as the fund, which shall be administered by the division. The fund consists of all money transferred by the state treasurer as specified in sections 39-29-109.3 (1)(g)(II), 33-10.5-104.5, and 33-10.5-105. All money in the fund is continuously appropriated to the division for the purpose of implementing this article 10.5. All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund.
(II) Repealed.
(b) In the use of the money in the fund, priority shall be given to containment
and eradication of aquatic nuisance species in the waters of the state in which aquatic nuisance species have been detected and prevention of the introduction of aquatic nuisance species in areas determined to be most vulnerable to such an introduction.
(1.3) Repealed.
(1.5) and (2) (Deleted by amendment, L. 2018.)
(3) Repealed.
Source: L. 2008: Entire article added, p. 1587, � 1, effective May 29; entire
section amended, p. 1590, � 7, effective May 29. L. 2017: (1)(a) and (2)(a) amended and (1.5) added, (SB 17-259), ch. 190, p. 691, � 6, effective May 3. L. 2018: (1.3) added, (HB 18-1338), ch. 201, p. 1310, � 9, effective May 4; entire section amended, (HB 18-1008), ch. 137, p. 899, � 8, effective August 8. L. 2021: (3) added, (SB 21-220), ch. 81, p. 309, � 2, effective April 30; (1)(a)(I) amended, (SB 21-281), ch. 255, p. 1502, � 12, effective June 18. L. 2023: (3) repealed, (HB 23-1301), ch. 303, p. 1842, � 80, effective August 7.
Editor's note: (1) Amendments to this section by HB 18-1008 and HB 18-1338
were harmonized.
(2) (a) Subsection (1.3)(c) provided for the repeal of subsection (1.3), effective
August 1, 2018. (See L. 2018, p. 1310.)
(b) Subsection (1)(a)(II) provided for the repeal of subsection (1)(a)(II),
effective July 1, 2019. (See L. 2018, p. 899.)
Cross references: For the legislative declaration in SB 21-281, see section 1
of chapter 255, Session Laws of Colorado 2021.
ARTICLE 11
Recreational Trails
Editor's note: This article was added in 1984 with an effective date of
January 1, 1985. Prior to 1984, the substantive provisions of this article were contained in article 42 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
C.R.S. § 33-3-103.5
33-3-103.5. Game damage prevention materials - definitions. (1) This section shall be applicable in determining the liability of the state under paragraph (e) of subsection (3) of this section and section 33-3-103 (1)(d) and (1)(e).
(2) (a) (I) Every landowner shall be eligible to receive sufficient and
appropriate temporary game damage prevention materials pursuant to this section.
(II) Permanent game damage prevention materials shall be available only to
a landowner who does not unreasonably restrict hunting of species likely to cause damage on land under the landowner's control or restrict the hunting of species likely to cause damage on any other lands by restricting access across lands under the landowner's control, and:
(A) Who charges not more than five hundred dollars per person, per season,
for big game hunting access on or across the landowner's property; or
(B) Who charges a fee in excess of five hundred dollars per person, per
season, for big game hunting access on or across the landowner's property, if the landowner has requested and been denied game damage prevention materials from the habitat partnership program created in section 33-1-110 (8) and the division determines that excessive game damage is occurring, and may continue to occur in the future.
(III) The division shall not deny a landowner game damage claims or game
damage prevention materials on the grounds that the landowner received a voucher pursuant to the wildlife conservation landowner hunting preference program for wildlife habitat improvement under section 33-4-103.
(IV) As used in this section:
(A) Temporary game damage prevention materials means materials of an
adequate substance that are utilized to protect private property for a period of time agreed upon by the landowner and the division. Such materials may include, but are not limited to, transferable panels or pyrotechnics.
(B) Permanent game damage prevention materials means materials of an
adequate substance that are erected in such a way to protect private property for the expected normal life of the materials. The normal life of the materials shall be as specified in a written agreement between the landowner and the division.
(b) The division has the responsibility to supply useable, sufficient, and
appropriate game damage prevention materials to a requesting landowner, and the landowner shall keep such materials in good repair throughout their normal life, if such materials have not been destroyed or damaged by wildlife.
(3) (a) The division shall respond to a landowner making an inquiry related to
game damage within two business days after receiving the inquiry.
(b) (I) Within five business days after receiving a request for game damage
prevention materials, the division shall consult with the landowner to discuss the sufficient and appropriate materials to prevent or mitigate the game damage. Temporary game damage prevention materials shall be delivered to the landowner within fifteen business days after the consultation, unless otherwise agreed to by the division and the landowner.
(II) For a landowner eligible to receive permanent game damage prevention
materials pursuant to subparagraph (II) of paragraph (a) of subsection (2) of this section, such materials shall be provided within forty-five days after the date that the landowner makes the initial request for the materials.
(c) The division shall deliver game damage prevention materials to the
specific site as directed by the landowner, if such delivery may be made by truck.
(d) When agreed upon by the landowner, the division may construct
permanent stackyards or orchard fencing in those areas of high wildlife damage potential within the limitations of appropriation by the general assembly for that purpose.
(e) (I) If the division does not provide game damage prevention materials
within the amount of time established by paragraph (b) of this subsection (3), the division shall have the sole responsibility to supply and erect the damage prevention materials, and the state shall be liable for game damages incurred on and after the date by which the division should have provided the game damage prevention materials.
(II) When erecting game damage prevention materials pursuant to
subparagraph (I) of this paragraph (e), the division may use division employees, individuals under contract to the division, or voluntary workers. If the division uses voluntary workers to assist in erecting game damage prevention materials, the division shall keep in force workers' compensation insurance as necessary to protect the landowner from liability resulting from injuries or death of said voluntary workers while engaged in the erection of such game damage prevention materials. If the division uses contract workers to assist in erecting game damage prevention materials as provided in this section, the division shall require the contractor to provide evidence of workers' compensation insurance as necessary to protect the landowner from liability resulting from injuries or death of said contract workers while engaged in the erection of such game damage prevention materials.
(4) If the game damage prevention materials that the division provides to a
landowner fail to prevent game damage due to insufficiency or inappropriateness of such materials, or if the division's insufficient or inappropriate erection of such materials fail to prevent game damage, the state shall be liable for damages caused by such materials or erection.
Source: L. 2009: Entire section added, (SB 09-024), ch. 323, p. 1724, � 2,
effective June 1. L. 2013: (2)(a)(III) amended, (SB 13-188), ch. 244, p. 1182, � 2, effective August 7.
C.R.S. § 33-32-102
33-32-102. Definitions. As used in this article 32, unless the context otherwise requires:
(1) Advertise or advertisement means any message in any printed
materials or electronic media used in the marketing and messaging of river outfitter operations.
(1.4) and (2) Repealed.
(3) Guide means any individual, including but not limited to subcontractors,
employed for compensation by any river outfitter for the purpose of operating vessels.
(4) Guide instructor means any qualified guide whose job responsibilities
include the training of guides.
(5) Person means any individual, sole proprietorship, partnership,
corporation, nonprofit corporation or organization as defined in section 13-21-115.5 (3), C.R.S., limited liability company, firm, association, or other legal entity either located within or outside of this state.
(5.5) (a) Regulated trip means any river trip for which river-running services
are provided which has been the subject of an advertisement or for which a fee has been charged regardless of whether such fee is:
(I) Charged exclusively for the river trip or as part of a packaged trip,
recreational excursion, or camp; or
(II) Calculated to monetarily profit the river outfitter or is calculated merely
to offset some or all of the actual costs of the river trip.
(b) Regulated trip does not include a trip in which a person is providing
river-running services exclusively for family or friends as part of a social gathering of such family or friends.
(6) (a) River outfitter means a person advertising to provide or providing
river-running services in the nature of facilities, guide services, or transportation for the purpose of river-running.
(b) River outfitter does not include a person:
(I) Whose only service is providing motor vehicles, vessels, and other
equipment for rent;
(II) Whose only service is providing instruction in stand-up paddleboarding,
canoeing, or kayaking skills; or
(III) Who is providing river-running services exclusively for family or friends.
(7) Trip leader means any guide whose job responsibilities include being
placed in charge of a river trip.
(8) (a) Vessel means every description of watercraft used or capable of
being used as a means of transportation of persons and property on the water, including all types of stand-up paddleboards.
(b) Vessel does not include:
(I) Any single-chambered, air-inflated devices that are not stand-up
paddleboards; or
(II) Seaplanes.
Source: L. 84: Entire article added, p. 929, � 1, effective May 9. L. 88: (3)
amended, (4) and (5) R&RE, and (6) to (8) added, pp. 1169, 1170, �� 2, 3, effective October 1. L. 94: (1), (5), and (6) amended and (1.4) and (5.5) added, p. 1227, � 2, effective July 1. L. 2010: (1) amended, (HB 10-1221), ch. 353, p. 1641, � 4, effective August 11. L. 2012: (1.4) and (2) repealed, (HB 12-1317), ch. 248, p. 1229, � 70, effective June 4. L. 2020: IP, (6), and (8) amended, (HB 20-1087), ch. 49, p. 172, � 12, effective March 20.
C.R.S. § 33-4-102.5
33-4-102.5. Issuance of migratory waterfowl stamp - prohibition against hunting without stamp. (1) As used in this section, unless the context otherwise requires, migratory waterfowl means any wild goose or duck.
(2) All persons sixteen years of age or older shall procure a state migratory
waterfowl stamp before hunting or taking any migratory waterfowl within Colorado. Such stamp shall be in the possession of the person while hunting or taking any migratory waterfowl.
(3) (a) The stamp is valid through the last day of June following its issuance.
(b) The division may grant up to twenty-five percent of the funds derived
from the sale of state migratory waterfowl stamps to appropriate nonprofit organizations for implementation of the North American waterfowl management plan. The nonprofit organizations shall use the funds for the development of waterfowl propagation areas within the dominion of Canada or the United States that specifically provide waterfowl for the central flyway, pacific flyway, or both. A nonprofit organization granted money pursuant to this subsection (3)(b) shall not use the money for lobbying or any other political purpose.
(4) The commission may enter into a contract with a nonprofit waterfowl
conservation organization for the purpose of providing the form and design of the migratory waterfowl stamp. Such contract shall provide that such nonprofit waterfowl conservation organization shall select a form and design. At least one of the alternative pieces of artwork considered for final selection shall be the work of an artist who is a resident of Colorado. In addition, such contract shall designate the ownership of the publication rights for any art prints or other facsimiles of the migratory waterfowl stamp and the disposition of any proceeds. The division shall not be an eligible contractor, unless no contract can be negotiated with a nonprofit waterfowl conservation organization.
(5) All money received pursuant to the issuance of the migratory waterfowl
stamp shall be used for the sole benefit of migratory waterfowl habitat conservation and related capital improvements and is subject to an annual appropriation.
(6) Repealed.
Source: L. 89: Entire section added, p. 1347, � 2, effective February 1, 1990. L.
93: (6) repealed, p. 507, � 1, effective April 26. L. 94: (4) amended, p. 1580, � 6, effective May 31. L. 98: (3) amended, p. 1339, � 58, effective June 1. L. 2018: (3) and (5) amended, (SB 18-143), ch. 207, p. 1334, � 7, effective August 8.
Cross references: For the short title (Hunting, Fishing, and Parks for Future
Generations Act) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.
C.R.S. § 33-6-205
33-6-205. Exemption - departments of health. (1) Section 33-6-203 shall not apply to the taking of wildlife by federal, state, county, or municipal departments of health for the purpose of protecting human health or safety.
(2) (a) To ensure that the taking of wildlife pursuant to subsection (1) of this
section is accomplished in as competent, safe, effective, and humane a manner as is possible, a department of health may contract with an independent contractor or, by appropriate intergovernmental agreement, enlist the aid of qualified employees or agents of the division, the United States department of agriculture, the state department of agriculture, or a local police department or animal control agency for the taking of wildlife.
(b) The commission is authorized to adopt and enforce reasonable rules for
the licensing and supervision of persons desiring to act as independent contractors under this section. This paragraph (b) shall not supersede the licensure requirements of the Pesticide Applicators' Act, article 10 of title 35, C.R.S.
Source: L. 97: Entire part added, p. 1067, � 1, effective May 27.
C.R.S. § 34-20-102
34-20-102. Definitions. As used in articles 20 to 25 of this title 34, unless the context otherwise requires:
(1) Approved means confirmed by the commissioner of mines or his
designee.
(2) Authorized representative means a person employed by the division and
authorized by the director to conduct safety and health studies, equipment surveys, tests, and technical assistance visits and to perform other duties assigned by the director.
(3) Board means the coal mine board of examiners.
(4) Coal mine means an area of land and all structures, facilities,
machinery, tools, equipment, shafts, slopes, tunnels, excavations, and other property, real or personal, placed upon, under, or above the surface of such land by any person and used in, to be used in, or resulting from the work of extracting in such bituminous coal, lignite, or anthracite from its natural deposits in the earth by any means or method, including the work of preparing the coal so extracted, and such term includes custom coal preparation facilities.
(5) Commissioner means the commissioner of mines.
(6) Department means the department of natural resources.
(7) Director means the director of the division of reclamation, mining, and
safety in the department of natural resources.
(8) Division means the division of reclamation, mining, and safety in the
department of natural resources.
(9) (a) Mine means:
(I) Any area of land from which minerals are extracted in nonliquid form or
are extracted in a liquid form while workers are underground;
(II) Private ways and roads appurtenant to such area; and
(III) Lands, excavations, underground passageways, shafts, slopes, tunnels
and workings, structures, facilities, equipment, machines, tools, or other property, including impoundments, retention dams, and tailing ponds, on the surface or underground, used in, or to be used in, or resulting from the work of extracting such minerals from their natural deposits in nonliquid form or, if in liquid form, used by workers underground or used or to be used in the milling of such minerals or the work of preparing coal or other minerals.
(b) Mine does not include the facilities defined in section 12-115-103 (9), nor
does it include earthen dams, sand and gravel pits, clay pits, or rock and stone quarries, including surface limestone and dolomite quarries.
(10) Miner means any individual working in a mine.
(11) Operator means any owner, lessee, or other person who operates,
controls, or supervises a mine or an independent contractor performing services or construction at such mine.
(12) Tourist mine means a nonproducing mine not regulated by the federal
government that is open to the general public for tours.
(13) Work of preparing the coal means the breaking, crushing, sizing,
cleaning, washing, drying, mixing, storing, and loading of bituminous coal, lignite, or anthracite and such other work of preparing such coal as is usually done by the operator of the coal mine.
Source: L. 88: Entire article R&RE, p. 1185, � 1, effective July 1. L. 92: (2), (7),
and (8) amended, p. 1923, � 10, effective July 1. L. 2006: (2), (7), and (8) amended, p. 214, � 7, effective August 7. L. 2019: IP and (9)(b) amended, (HB 19-1172), ch. 136, p. 1721, � 225, effective October 1.
Editor's note: This section is similar to former � 34-20-101 as it existed prior
to 1988.
C.R.S. § 34-60-133
34-60-133. Orphaned wells mitigation enterprise - creation - powers and duties - enterprise board created - mitigation fees - cash fund created - rules - definitions - legislative declaration. (1) Enterprise created. (a) The orphaned wells mitigation enterprise is created in the department for the purpose of:
(I) Imposing and collecting mitigation fees;
(II) Funding the plugging, reclaiming, and remediating of orphaned wells and
marginal wells in the state;
(III) Ensuring that the costs associated with plugging, reclaiming, and
remediating orphaned wells and marginal wells are borne by operators in the form of mitigation fees; and
(IV) Determining the amount of mitigation fees.
(b) The enterprise board, in consultation with the commission, shall
administer the enterprise in accordance with this section.
(c) (I) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. So long as it constitutes an enterprise, the enterprise is not a district for purposes of section 20 of article X of the state constitution.
(II) The enterprise is authorized to issue revenue bonds for the expenses of
the enterprise, secured by revenue of the enterprise.
(1.5) Legislative declaration. The general assembly finds and declares that:
(a) Orphaned wells and marginal wells present risks to public health, safety,
and welfare, including risks to the environment and wildlife resources;
(b) Environmental justice is a priority for the state, and the enterprise board
should administer this section in a manner that reduces burdens on overburdened communities;
(c) The enterprise helps mitigate risks by plugging, reclaiming, and
remediating orphaned wells and those marginal wells that are at the highest risk of becoming orphaned;
(d) All oil and gas wells will require plugging and reclaiming at the end of
their useful lives;
(e) Many oil and gas wells will require remediation at the end of their useful
lives;
(f) Pursuant to section 34-60-106, all operators are required to provide
financial assurance demonstrating that the operators are financially capable of fulfilling every obligation imposed on the operators pursuant to this article 60, including the operators' plugging, reclamation, and remediation obligations; and
(g) The services that the enterprise provides benefit all operators in the state
by:
(I) Mitigating the risks of an operator's oil and gas well becoming an
orphaned well; and
(II) Plugging, reclaiming, and remediating qualifying marginal wells and
eliminating the risk of such qualifying marginal wells becoming orphaned wells.
(2) Powers and duties. In addition to any other powers and duties specified in
this section, the enterprise board has the following general powers and duties on behalf of the enterprise:
(a) To adopt procedures for conducting its affairs;
(b) To acquire, hold title to, and dispose of real and personal property;
(c) In consultation with the director of the commission or the director's
designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purposes;
(d) To contract with any public or private entity, including state agencies,
consultants, and the attorney general's office, for professional and technical assistance, office space and administrative services, advice, and other services related to the conduct of the affairs of the enterprise;
(e) To seek, accept, and expend gifts, grants, donations, or other payments
from private or public sources for the purposes of this section, so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. The enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund.
(e.5) To issue guidance establishing standards for marginal wells to qualify
for funding pursuant to subsection (1)(a)(II) of this section. In establishing these standards, the enterprise board shall consider:
(I) An oil and gas well's location in or near a disproportionately impacted
community or a highly populated area; and
(II) An oil and gas well's risk of adverse impacts on public health, safety,
welfare, the environment, and wildlife resources; and
(f) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted by this section.
(3) Enterprise board created - membership - repeal. (a) The orphaned wells
mitigation enterprise board is created to administer the enterprise. The enterprise board includes the following five members:
(I) The chair of the commission;
(II) The director of the commission or the director's designee;
(III) An individual with substantial experience in the oil and gas industry, to
be appointed by the governor and confirmed by the senate;
(IV) A local government official, preferably from a jurisdiction that has oil
and gas development and orphaned wells, to be appointed by the governor and confirmed by the senate; and
(V) An individual with formal training or substantial experience in land
reclamation projects, to be appointed by the governor and confirmed by the senate.
(b) Repealed.
(c) The members of the enterprise board described in subsections (3)(a)(III),
(3)(a)(IV), and (3)(a)(V) of this section shall each serve terms of three years; except that the initial term of the member appointed pursuant to subsection (3)(a)(III) of this section is one year, and the initial term of the member appointed pursuant to subsection (3)(a)(IV) of this section is two years. In the event of a vacancy, the governor may appoint an individual to complete the term of the member whose seat has become vacant.
(d) An individual may be appointed as a member of the enterprise board
pursuant to subsection (3)(a)(III), (3)(a)(IV), or (3)(a)(V) of this section an unlimited number of times.
(e) Enterprise board members serving pursuant to subsections (3)(a)(III),
(3)(a)(IV), and (3)(a)(V) of this section may receive compensation from the department on a per diem basis for reasonable expenses actually incurred in the performance of duties required of enterprise board members under this section.
(f) The governor shall select a member of the enterprise board to serve as
chair of the enterprise board.
(4) Enterprise board - duties. In addition to administering the enterprise, at
least annually, the enterprise board shall:
(a) Consider whether the amounts of the mitigation fees should be increased
or reduced, based on current circumstances and reasonably anticipated future expenditures from the fund;
(b) If the enterprise board determines that an increase or reduction of the
mitigation fee amounts is warranted, adjust the mitigation fee amounts; except that the enterprise board shall not set the fee amounts in an amount that results in a violation of subsection (6)(b) of this section; and
(c) Advise the commission of the outcome of the enterprise board's
deliberations pursuant to this subsection (4).
(5) Mitigation fees. (a) On or before August 1, 2022; on or before April 30,
2023; and on or before April 30 each year thereafter, each operator shall pay a mitigation fee to the enterprise for each well of an operator that has been spud but is not yet plugged and abandoned, in accordance with rules of the commission. Mitigation fees due by August 1, 2022, shall be paid in the following amounts:
(I) For operators with production that is equal to or less than a threshold to
be determined by rules of the commission, one hundred twenty-five dollars for each well; and
(II) For operators with production that exceeds a threshold to be determined
by rules of the commission, two hundred twenty-five dollars for each well.
(b) Mitigation fees paid after August 1, 2022, shall be paid in the amounts
described in subsection (5)(a) of this section, as such amounts may be adjusted by the enterprise board pursuant to subsection (4) of this section.
(c) The enterprise shall transfer all money collected as mitigation fees
pursuant to this subsection (5) to the state treasurer, who shall credit the money to the fund.
(6) Cash fund. (a) The orphaned wells mitigation enterprise cash fund is
created in the state treasury. The fund consists of:
(I) Money received as mitigation fees;
(II) Any money received from the issuance of revenue bonds, as described in
subsection (1)(c)(II) of this section;
(III) Any gifts, grants, or donations received pursuant to subsection (2)(e) of
this section; and
(IV) Any other money that the general assembly may appropriate or transfer
to the fund.
(b) The total amount of money credited to the fund as mitigation fees may
not exceed one hundred million dollars in the first five fiscal years of the enterprise, beginning with the 2022-23 state fiscal year.
(c) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund.
(d) Money credited to the fund is continuously appropriated to the fund for
use by the enterprise and shall be expended to:
(I) Provide plugging, reclaiming, and remediating services at the request of
the director of the commission;
(I.5) Plug, reclaim, and remediate qualifying marginal wells, as determined
based on factors that include:
(A) The oil and gas well's location in or near a disproportionately impacted
community or a highly populated area; and
(B) The oil and gas well's risk of adverse impacts on public health, safety,
welfare, the environment, and wildlife resources;
(II) Pay the enterprise's reasonable and necessary operating expenses; and
(III) Otherwise exercise the enterprise's powers and perform its duties as
authorized by this section.
(7) Rules. The commission shall promulgate rules for the implementation of
subsection (5)(a) of this section and as may be otherwise necessary to implement this section.
(8) Definitions. As used in this section, unless the context otherwise
requires:
(a) Department means the department of natural resources.
(b) Enterprise means the orphaned wells mitigation enterprise created in
subsection (1) of this section.
(c) Enterprise board means the orphaned wells mitigation enterprise board
created in subsection (3) of this section.
(d) Fund means the orphaned wells mitigation enterprise cash fund
created in subsection (6) of this section.
(d.5) Marginal well means an oil and gas well that presents a high risk of
becoming orphaned.
(e) Mitigation fee means a mitigation fee authorized and imposed pursuant
to subsection (5) of this section.
(f) Orphaned well means an oil and gas well, location, or facility in the state
for which no owner or operator can be found or the owner or operator is unwilling or unable to pay the costs of plugging, reclaiming, and remediating.
Source: L. 2022: Entire section added, (SB 22-198), ch. 331, p. 2325, � 2,
effective July 1. L. 2024: (1)(a)(II) and (1)(a)(III) amended and (1.5), (2)(e.5), (6)(d)(I.5), and (8)(d.5) added, (SB 24-229), ch. 183, p. 997, � 14, effective May 16.
Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection
(3)(b), effective July 1, 2023. (See L. 2022, p. 2325.)
Cross references: For the legislative declaration in SB 22-198, see section 1
of chapter 331, Session Laws of Colorado 2022. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.
C.R.S. § 34-60-144
34-60-144. Geologic storage stewardship enterprise - created - legislative declaration - powers and duties of enterprise - geologic storage stewardship enterprise board - membership and duties of enterprise board - stewardship fees - geologic storage stewardship enterprise cash fund - definitions - rules - repeal. (1) Legislative declaration. (a) The general assembly finds that:
(I) Geologic storage operations are an important tool to help the state meet
its greenhouse gas emission reduction goals;
(II) Geologic storage operations involve permanently storing injection carbon
dioxide underground;
(III) It is prudent to monitor and otherwise conduct long-term stewardship of
injection carbon dioxide to demonstrate that the injection carbon dioxide is stable and will not pose a risk to underground sources of drinking water;
(IV) Geologic storage operations present the state with risks of orphaned
geologic storage facilities;
(V) It is necessary, appropriate, and in the best interest of geologic storage
operators for the state to conduct long-term stewardship; and
(VI) It is necessary, appropriate, and in the best interest of geologic storage
operators for the state to ensure that orphaned geologic storage facilities are plugged, abandoned, reclaimed, and remediated, if necessary, in a timely manner if available financial assurance is insufficient.
(b) The general assembly also finds that:
(I) Current law in January 2025 provides no mechanism to pay for the state's
long-term stewardship of geologic storage facilities; and
(II) Current law in January 2025 authorizes the commission to require
geologic storage operators to maintain and demonstrate certain financial assurances to plug, abandon, reclaim, and remediate geologic storage facilities.
(c) Now, therefore, the general assembly declares that:
(I) It is in the public interest to create an enterprise within the department
that is committed to funding long-term stewardship of injection carbon dioxide and, if necessary, the plugging, abandonment, reclaiming, and remediating of orphaned geologic storage facilities;
(II) The activities of the enterprise shall be funded by revenue generated
from stewardship fees paid by operators of class VI injection wells in Colorado;
(III) It is appropriate that geologic storage operators should pay such
stewardship fees, as geologic storage operators are the direct beneficiaries of the services provided by the enterprise, which are long-term stewardship and, where necessary, the plugging, abandonment, reclaiming, and remediating of orphaned geologic storage facilities;
(IV) Geologic storage operators benefit from long-term stewardship because
services, such as long-term monitoring and site management, allow geologic storage operators to operate class VI injection wells in Colorado by addressing the risks presented by the permanent storage of injection carbon dioxide without requiring geologic storage operators to conduct long-term stewardship;
(V) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, the general assembly concludes that the stewardship fee is a fee, not a tax, and the enterprise operates as a business because the stewardship fee is imposed for the following specific business purposes:
(A) The long-term stewardship services authorized by this section provide a
benefit to geologic storage operators by allowing a geologic storage operator to be released of regulatory and long-term stewardship responsibilities associated with injection carbon dioxide after the commission approves site closure of a geologic storage facility; and
(B) The plugging, abandonment, reclaiming, and remediating services
authorized by this section provide a benefit to geologic storage operators by allowing them to operate class VI injection wells in Colorado despite the risk that available financial assurance may be insufficient to protect the public from the costs of geologic storage facilities being orphaned; and
(VI) So long as the enterprise qualifies as an enterprise for purposes of
section 20 of article X of the state constitution, the revenue from the stewardship fee administered by the enterprise and collected by the commission is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(G).
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Department means the department of natural resources.
(b) Enterprise means the geologic storage stewardship enterprise created
in subsection (3) of this section.
(c) Enterprise board means the geologic storage stewardship enterprise
board created in subsection (4) of this section.
(d) Geologic storage stewardship enterprise cash fund means the geologic
storage stewardship enterprise cash fund created in subsection (7) of this section.
(e) Long-term stewardship means monitoring and integrity maintenance of
geologic storage facilities after the commission approves a site closure, as well as any associated action necessary to protect public health, safety, welfare, the environment, or wildlife resources.
(f) Orphaned geologic storage facility means a geologic storage facility in
the state for which no owner or operator can be found or for which the owner or operator is unwilling or unable to pay the costs of plugging, abandoning, remediating, reclaiming, or other action necessary to obtain site closure pursuant to commission rules.
(g) Stewardship fee means the stewardship fee authorized and imposed
pursuant to subsection (6) of this section.
(3) Enterprise created. (a) The geologic storage stewardship enterprise is
created in the department, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The enterprise is created for the purpose of:
(I) Determining the amount of stewardship fees;
(II) Funding the long-term stewardship of geologic storage facilities in the
state;
(III) Funding the plugging, abandonment, reclaiming, and, as necessary,
remediating of orphaned geologic storage facilities in the state if the commission, after notice and a hearing, determines that available financial assurance is insufficient; and
(IV) Ensuring that costs associated with long-term stewardship of geologic
storage facilities are borne by geologic storage operators in the form of stewardship fees.
(b) The enterprise board, in consultation with the commission, shall
administer the enterprise in accordance with this section.
(c) (I) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. So long as it constitutes an enterprise, the enterprise is not subject to section 20 of article X of the state constitution.
(II) The enterprise is authorized to issue revenue bonds for the expenses of
the enterprise, secured by revenue of the enterprise.
(4) Enterprise board created - membership - duties - repeal. (a) (I) The
geologic storage stewardship enterprise board is created to administer the enterprise. The enterprise board includes the following five members:
(A) The chair of the commission;
(B) The director of the commission or the director's designee;
(C) An individual with substantial experience in geologic storage, preferably
with an actuarial science background as related to evaluating the long-term risk of geologic storage facilities, to be appointed by the governor and confirmed by the senate;
(D) An individual with formal training or substantial experience in
environmental protection, public health, or other relevant fields, to be appointed by the governor and confirmed by the senate; and
(E) An individual with formal training or substantial experience in wellbore
monitoring, long-term stewardship, or other relevant technical fields, to be appointed by the governor and confirmed by the senate.
(II) (A) The governor shall appoint the initial members of the enterprise board
pursuant to subsections (4)(a)(I)(C), (4)(a)(I)(D), and (4)(a)(I)(E) of this section on or before September 1, 2025.
(B) This subsection (4)(a)(II) is repealed, effective July 1, 2026.
(III) The members of the enterprise board described in subsections
(4)(a)(I)(C), (4)(a)(I)(D), and (4)(a)(I)(E) of this section shall each serve terms of three years; except that the initial term of the member appointed pursuant to subsection (4)(a)(I)(C) of this section is one year, and the initial term of the member appointed pursuant to subsection (4)(a)(I)(D) of this section is two years. In the event of a vacancy, the governor may appoint an individual to complete the term of the member whose seat has become vacant.
(IV) An individual may be appointed to serve as a member of the enterprise
board pursuant to subsection (4)(a)(I)(C), (4)(a)(I)(D), or (4)(a)(I)(E) of this section for an unlimited number of terms.
(V) Enterprise board members serving pursuant to subsections (4)(a)(I)(C),
(4)(a)(I)(D), and (4)(a)(I)(E) of this section may receive compensation from the enterprise on a per diem basis for reasonable expenses actually incurred in the performance of duties required of enterprise board members under this section.
(VI) The governor shall select a member of the enterprise board to serve as
chair of the enterprise board.
(b) In addition to administering the enterprise, the enterprise board shall:
(I) Set the amount of the stewardship fee at an amount that is reasonably
related to the overall cost of the long-term stewardship services provided by the enterprise. The enterprise board shall set the initial amount within six months after the enterprise board is confirmed.
(II) As frequently as the enterprise board determines necessary, consider
whether the amount of the stewardship fee should be increased or reduced, based on:
(A) The overall cost of the enterprise's long-term stewardship services,
including reasonably anticipated future expenditures from the geologic storage stewardship enterprise cash fund; and
(B) The need to comply with subsection (7)(b) of this section;
(III) Consider the importance of financial predictability for operators when
determining the frequency of changes to the stewardship fee amount;
(IV) If the enterprise board determines that an increase or reduction of the
stewardship fee amount is warranted, adjust the stewardship fee amount to an amount that is reasonably related to the overall cost of the long-term stewardship services provided by the enterprise; and
(V) Advise the commission of the outcome of the enterprise board's
deliberations pursuant to this subsection (4).
(5) Powers and duties. In addition to any other powers and duties specified
in this section, the enterprise board has the following general powers and duties on behalf of the enterprise:
(a) To adopt procedures for conducting the enterprise board's affairs;
(b) To acquire, hold title to, and dispose of real and personal property,
including ownership of injection carbon dioxide upon approval of site closure of an associated geologic storage facility by the commission;
(c) To employ and supervise individuals, professional consultants, and
contractors as are necessary in the enterprise board's judgment to carry out its business purposes;
(d) To engage the services of contractors, consultants, and the attorney
general's office for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise. The enterprise may contract with the department for the provision of office space and administrative staff to the enterprise at a fair market rate.
(e) To seek, accept, and expend gifts, grants, donations, or other payments
from private or public sources for the purposes of this section, so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. All money received as gifts, grants, and donations shall be credited to the geologic storage stewardship enterprise cash fund.
(f) To create and impose upon geologic storage operators an additional fee
to address the plugging, abandoning, reclaiming, and remediating of orphaned geologic storage facilities, which fee is in an amount that is reasonably related to the overall cost of plugging, abandoning, reclaiming, and remediating orphaned geologic storage facilities, so long as the enterprise board finds that:
(I) Geologic storage operations in the state are likely to create orphaned
geologic storage facilities in the future;
(II) Financial assurance provided by operators will be insufficient to address
orphaned geologic storage facilities; and
(III) Stewardship fees deposited into the geologic storage stewardship
enterprise cash fund will be insufficient to address both long-term stewardship and orphaned geologic storage facilities;
(g) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted by this section; and
(h) To perform all acts necessary to accomplish site closures pursuant to
commission rules for orphaned geologic storage facilities.
(6) Stewardship fees - rules. (a) On or before April 30, 2026, and on or
before April 30 each year thereafter, each geologic storage operator shall pay a stewardship fee to the commission, which shall collect the stewardship fee on the enterprise's behalf, for each ton of injection carbon dioxide that the geologic storage operator injects in the state.
(b) Money collected as stewardship fees shall be credited to the geologic
storage stewardship enterprise cash fund.
(c) The money collected by the commission for transfer to the geologic
storage stewardship enterprise cash fund pursuant to subsection (6)(b) of this section is:
(I) Collected for the enterprise;
(II) Custodial money intended for the enterprise and held temporarily by the
commission and the state treasurer solely for the purpose of transferring the money to the geologic storage stewardship enterprise cash fund; and
(III) Based on the enterprise's status as an enterprise, not subject to section
20 of article X of the state constitution at any time during the money's collection, transfer, and use.
(d) The commission may adopt rules to implement this subsection (6).
(7) Geologic storage stewardship enterprise cash fund - repeal. (a) The
geologic storage stewardship enterprise cash fund is created in the state treasury. The geologic storage stewardship enterprise cash fund consists of:
(I) Money received as stewardship fees;
(II) Any money received from the issuance of revenue bonds, as described in
subsection (3)(c)(II) of this section;
(III) Any gifts, grants, or donations received pursuant to subsection (5)(e) of
this section; and
(IV) Any other money that the general assembly may appropriate or transfer
to the geologic storage stewardship enterprise cash fund.
(b) (I) The total amount of money credited or appropriated to the geologic
storage stewardship enterprise cash fund as stewardship fees shall not exceed one hundred million dollars in the first five years of the enterprise's existence.
(II) This subsection (7)(b) is repealed, effective July 1, 2031.
(c) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the geologic storage stewardship enterprise cash fund to the geologic storage stewardship enterprise cash fund. Any unexpended and unencumbered money remaining in the geologic storage stewardship enterprise cash fund at the end of a fiscal year remains in the geologic storage stewardship enterprise cash fund and shall not be credited or transferred to the general fund or to any other fund.
(d) Money credited to the geologic storage stewardship enterprise cash fund
is continuously appropriated to the enterprise and shall be expended to pay the costs of:
(I) Long-term stewardship;
(II) Plugging, abandoning, reclaiming, and remediating services for orphaned
geologic storage facilities at the request of the director of the commission if the commission, after notice and a hearing, determines that available financial assurance is insufficient; and
(III) The enterprise's reasonable and necessary operating expenses.
(8) Rules. The enterprise shall adopt rules as necessary to implement this
section. In adopting any rules concerning subsection (6) of this section, the enterprise shall consult with the commission.
(9) Governmental immunity. Nothing in this section constitutes a waiver,
abrogation, or limitation of governmental immunity, as described in article 10 of title 24. Geologic storage facilities, geologic storage locations, geologic storage resources, injection carbon dioxide, and facilities associated with geologic storage operations are not gas facilities for the purposes of section 24-10-106 (1)(f) and do not constitute any other area or facility for which sovereign immunity is waived pursuant to section 24-10-106 (1).
Source: L. 2025: Entire section added, (HB 25-1165), ch. 257, p. 1291, � 4,
effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
ARTICLE 61
Oil Wells and Boreholes
C.R.S. § 35-1-119
35-1-119. Wild horse population management. (1) Subject to obtaining approval from the United States bureau of land management in the department of the interior, the department may assist with managing wild horse populations using fertility control management methods that are or are substantially similar to immunocontraceptive fertility control vaccines. The department may also support on-range stewardship and management to ensure the sustainability of wild horses and wild horse ranges. In implementing this subsection (1), the department may:
(a) Enter into contracts or interagency agreements with private entities,
individuals, tribes, local governments, or the United States bureau of land management in the department of the interior; and
(b) Cooperate with:
(I) The United States bureau of land management in the department of the
interior;
(II) The Southern Ute Tribe;
(III) The Ute Mountain Ute Tribe;
(IV) Local governments;
(V) Other state agencies;
(VI) Volunteers;
(VII) Contractors; and
(VIII) Interested groups or individuals.
(2) Repealed.
Source: L. 2023: Entire section added, (SB 23-275), ch. 226, p. 1177, � 3,
effective May 20. L. 2024: (2) amended, (HB 24-1032), ch. 35, p. 122, � 1, effective March 22. L. 2025: (2) repealed, (HB 25-1283), ch. 225, p. 1028, � 1, effective August 6.
Cross references: For the legislative declaration in SB 23-275, see section 1
of chapter 226, Session Laws of Colorado 2023.
C.R.S. § 35-10-117
35-10-117. Unlawful acts - deceptive trade practice. (1) Unless otherwise authorized by law, it is unlawful and a violation of this article for any person:
(a) To perform any of the acts for which licensure as a commercial
applicator, qualified supervisor, certified operator, or private applicator is required without possessing a valid license to do so;
(b) To hold oneself out as being so qualified to perform any of the acts for
which licensure as a commercial applicator, qualified supervisor, or certified operator is required without possessing a valid license to perform such acts;
(c) To solicit, advertise, or offer to perform any of the acts for which
licensure as a commercial applicator, qualified supervisor, or certified operator is required without possessing a valid license to perform such acts; to act as an agent for any principal to solicit from any person the purchase of pesticide application or pest control services from the principal when the principal does not possess a valid license to perform the services being offered; or to enter into a contract to perform such services;
(d) To refuse to comply with a cease-and-desist order issued pursuant to
section 35-10-120;
(e) To refuse or fail to comply with the provisions of this article;
(f) (I) To make false, misleading, deceptive, or fraudulent representations.
(II) No claims of absolute safety shall be made for any product regulated by
this article.
(g) To impersonate any state, county, city and county, or municipal official or
inspector;
(h) To refuse or fail to comply with any rules or regulations adopted by the
commissioner pursuant to this article or to any lawful order issued by the commissioner;
(i) To use, store, or dispose of pesticides, pesticide containers, rinsates, or
other related materials, or to supervise or recommend such acts, in a manner inconsistent with labeling directions or requirements, unless otherwise provided for by law, or in an unsafe, negligent, or fraudulent manner; or
(j) To refuse or fail to comply with any requirements of the federal worker
protection standards set forth in 40 CFR 170.
(2) It is unlawful and a violation of this article for any person acting as a
commercial, registered limited commercial, or registered public applicator, or as a qualified supervisor or certified operator:
(a) To use, store, or dispose of pesticides, pesticide containers, rinsates, or
other related materials, or to supervise or recommend such acts, in a manner inconsistent with labeling directions or requirements, unless otherwise provided for by law, or in an unsafe, negligent, or fraudulent manner;
(b) To use or recommend the use of any pesticide not registered with the
department pursuant to article 9 of this title or to use or recommend the use of a pesticide in any manner inconsistent with the restrictions of the commissioner or the administrator;
(b.5) To use or recommend the use of any device that requires licensure for
use in any manner inconsistent with the restrictions of the commissioner or the administrator;
(c) To use any device that requires licensure for use or any pesticide, or to
direct or recommend such use, without providing appropriate supervision, including, but not limited to, the application of any pesticide without providing the supervision of a qualified supervisor licensed in that class or subclass of pesticide application;
(d) To maintain or supervise the maintenance of any device that requires
licensure for use or pesticide application equipment, including, but not limited to, loading pumps, hoses, or metering devices, in an unsafe or negligent manner;
(e) To fail to provide the notification required pursuant to section 35-10-112
(1)(c);
(f) To make false or misleading representations or statements of fact in any
application, record, or report required by this article or any rules or regulations adopted pursuant thereto;
(g) To fail to maintain or submit any records or reports required by this
article or any rules or regulations adopted pursuant thereto.
(3) It is a violation of this article 10 for a commercial applicator, qualified
supervisor, or certified operator:
(a) To permit the use of the commercial applicator's, qualified supervisor's,
or certified operator's license by any other person;
(b) To use or supervise or recommend the use of any device that requires
licensure for use, or any pesticide, which, including but not limited to generally accepted standards of practice, would be ineffective or inappropriate for the pest problem being treated;
(c) (I) To use any device that requires licensure for use or apply any pesticide
or to recommend or supervise such acts in any manner that fails to meet generally accepted standards for such use or application except as provided by subparagraph (II) of this paragraph (c).
(II) If a commercial applicator receives instructions from a party contracting
for the applicator's services and the commercial applicator knows or should know that using the device or applying the pesticide in the manner specified by the contracting party may not or does not meet generally accepted standards for such use or application, the commercial applicator shall so inform the contracting party. If the contracting party, after being so advised, continues to require the commercial applicator to perform the application or use the device according to these instructions, the commercial applicator may follow these instructions for the application or use unless the application or use would violate any of the directions contained on the pesticide or the device or the labeling of either or would violate any provision of this article 10 or article 9 of this title 35 or any rule adopted pursuant to this article 10 or article 9 of this title 35. If the commercial applicator complies with these requirements, the party contracting for the application of any pesticide or use of any device has no cause of action for damages against the commercial applicator if the application or use causes death or injury to the contracting party or the contracting party's property or is unsatisfactory in its result, unless the contracting party establishes, by a preponderance of the evidence, that such death, injury, or unsatisfactory result resulted from negligence or an intentional act not encompassed within or necessitated by the instructions provided by the contracting party.
(4) It is unlawful and a violation of this article for any commercial applicator:
(a) To operate any device that requires licensure for use, or to apply any
pesticide, if the insurance required by section 35-10-106 (1)(a) is not in full force and effect at the time of such use or application, or if it does not have on file with the department, in the form and manner designated by the commissioner, verification that said insurance is in full force and effect;
(b) To fail to provide any customer with any information required to be so
provided by this article or by any rules and regulations adopted pursuant thereto.
(5) It is a violation of this article 10 for any employee or official of the
department to disclose or use for the employee's or official's own advantage any information derived from any applications, reports, or records, including medical records, submitted to the department pursuant to this article 10 or to reveal such information to anyone except authorized persons, who may include officials or employees of the state, the federal government, the courts of this or other states, and physicians.
(6) The failure by any person to comply with the provisions of subsection
(1)(a), (1)(b), (1)(c), (1)(f), or (4)(b) of this section is a deceptive trade practice and is subject to the protections of the Colorado Consumer Protection Act, article 1 of title 6, C.R.S.
Source: L. 90: Entire article R&RE, p. 1583, � 1, effective May 31. L. 2006:
(2)(b), (2)(c), (2)(d), (3)(b), (3)(c)(I), and (4)(a) amended and (2)(b.5) added, p. 294, � 7, effective July 1; (1)(a) and IP(2) amended and (1)(i) and (1)(j) added, p. 1264, � 10, effective January 1, 2007. L. 2025: IP(3), (3)(a), (3)(c)(II), and (5) amended, (HB 25-1084), ch. 24, p. 104, � 47, effective August 6.
Editor's note: This section is similar to former � 35-10-114 as it existed prior
to 1990.
C.R.S. § 35-23-116
35-23-116. Penalty. Any person, firm, corporation, or other organization that violates any of the provisions of this article 23 or willfully interferes with the commissioner or the commissioner's deputies, inspectors, or employees in the performance or on account of the execution of the commissioner's duties as provided by this article 23 commits a petty offense. In addition to the criminal penalty, any person convicted under this article 23 shall be punished by the revoking of the person's license by the commissioner.
Source: L. 31: p. 397, � 41. CSA: C. 69, � 101. CRS 53: � 7-6-41. C.R.S. 1963: �
7-5-41. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3278, � 622, effective March 1, 2022.
ARTICLE 23.5
Controlled Atmosphere Storage of Apples
35-23.5-101. Short title. This article shall be known and may be cited as the
Controlled Atmosphere Storage of Apples Act.
Source: L. 77: Entire article added, p. 1599, � 1, effective May 24.
35-23.5-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Commissioner means the commissioner of agriculture.
(2) Controlled atmosphere storage means the storage of apples under
conditions which comply with the provisions of this article and the rules and regulations adopted pursuant to the provisions of this article.
Source: L. 77: Entire article added, p. 1599, � 1, effective May 24.
35-23.5-103. Voluntary inspection of facility - rules - fee. The
commissioner may inspect a controlled atmosphere storage facility upon request by the operator or under conditions set forth in rules adopted by the commissioner pursuant to sections 24-4-103, C.R.S., and 35-23.5-104. The commissioner may fix, assess, and collect fees in amounts that cover actual costs associated with inspection and the issuance of certificates of inspection.
Source: L. 77: Entire article added, p. 1599, � 1, effective May 24. L. 95: Entire
section amended, p. 705, � 23, effective May 23.
35-23.5-104. Commissioner to develop rules. The commissioner shall
develop reasonable rules concerning the voluntary inspection of apples stored pursuant to this article and the controlled atmosphere storage of apples, including, among other factors, the following: Storage facility regulations; record keeping and reports; length of storage time, including the maximum time allowed to reach prescribed atmospheric conditions of temperature, oxygen, and carbon dioxide; quality regulations; and labeling and marketing.
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24. L. 95: Entire
section amended, p. 705, � 24, effective May 23.
35-23.5-105. Storage in another state. (1) When apples have been grown
and stored in another state which has laws governing controlled atmosphere storage of apples similar to the provisions in effect in this state, and the apples have been stored in compliance with those provisions, such apples may be represented as having been exposed to controlled atmosphere storage when sold in this state if the state in which they were stored permits apples which are stored in this state and in compliance with the laws of this state to be represented as having been exposed to controlled atmosphere storage when sold in that state.
(2) When apples have been grown and stored in another state which does not
have laws governing controlled atmosphere storage of apples similar to provisions in effect in this state, but the apples have been stored in facilities and under conditions comparable to that required under this article and the rules adopted pursuant thereto, they may be represented as having been exposed to controlled atmosphere storage when sold in this state.
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24.
35-23.5-106. Suspension or revocation. (Repealed)
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24.
Editor's note: Section 35-23.5-108 provided for the repeal of this section,
effective July 1, 1995. (See L. 91, p. 690.)
35-23.5-107. Penalty. (1) It is unlawful for any person to:
(a) Operate a facility for the storage of apples that is represented as being a
controlled atmosphere storage facility unless it meets the standards set pursuant to rule by the commissioner under the provisions of this article;
(b) Sell, exchange, offer for sale, advertise, label, or otherwise represent that
apples have been exposed to controlled atmosphere storage, unless such apples have been stored in a facility that meets the standards set pursuant to rule by the commissioner under provisions of this article.
(c) Repealed.
(2) Any person who violates any provision of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each such offense. Each day of violation shall be deemed a separate offense.
(3) The commissioner may initiate an action in the proper court for injunctive
relief to prevent or restrain any violation of this article or the rules adopted pursuant thereto.
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24. L. 95: IP(1),
(1)(a), and (1)(b) amended, p. 705, � 25, effective May 23.
Editor's note: Section 35-23.5-108 provided for the repeal of subsection
(1)(c), effective July 1, 1995. (See L. 91, p. 690.)
35-23.5-108. Repeal - review of functions. (Repealed)
Source: L. 88: Entire section added, p. 933, � 27, effective April 28. L. 90:
Entire section amended, p. 333, � 21, effective April 3. L. 91: Entire section amended, p. 690, � 66, effective April 20. L. 95: Entire section amended, p. 706, � 26, effective May 23. L. 97: Entire section repealed, p. 1030, � 62, effective August 6.
ARTICLE 24
Dairy Products
35-24-101 to 35-24-208. (Repealed)
Source: L. 85: Entire article repealed, p. 902, � 4, effective April 5.
Editor's note: This article was numbered as article 6 of chapter 7, C.R.S.
-
For amendments to this article prior to its repeal in 1985, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Cross references: For current provisions concerning dairy products and imitation dairy products, see parts 1 and 2 of article 5.5 of title 25.
ARTICLE 24.5
Aquaculture
35-24.5-101. Short title. This article shall be known and may be cited as the
Colorado Aquaculture Act.
Source: L. 91: Entire article added, p. 189, � 1, effective June 7.
35-24.5-102. Legislative declaration. (1) The general assembly finds and
declares that it is in the interest of the people of the state that the practice of aquaculture be encouraged in order to promote agricultural diversification, augment food supplies, expand employment opportunities, promote economic activity, increase stocks of fish and other aquatic life, protect and better use and manage the land and water resources of the state, and provide other benefits to the state.
(2) The general assembly further finds and declares that aquaculture shall
be considered an agricultural enterprise as defined in the Colorado Agricultural Development Authority Act, article 75 of this title, and, for property tax assessment purposes, shall be classified pursuant to section 39-1-102 (1.6)(b), C.R.S.
Source: L. 91: Entire article added, p. 189, � 1, effective June 7.
35-24.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Aquaculture means the controlled propagation, growth, and harvest of,
and subsequent commerce in, cultured aquatic stock, including but not limited to fish and other aquatic vertebrates, mollusks, crustaceans, and algae and other aquatic plants, by an aquaculturist.
(2) Aquaculture facility means any facility, structure, lake, pond, tank, or
tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting live fish or viable gametes.
(3) Aquaculturist means an individual, partnership, or corporation, other
than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.
(4) Aquatic disease means any departure from a normal state of health of
aquatic organisms caused by disease agents.
(5) Aquatic organism means an individual member of any species of fish,
mollusk, crustacean, aquatic reptile, aquatic amphibian, or aquatic insect or other aquatic invertebrate. Aquatic organism includes the viable gametes (eggs or sperm) of an aquatic organism.
(6) Board means the aquaculture board.
(7) Commercial aquaculturist means an aquaculturist engaged in the
business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes.
(8) Commission means the state agricultural commission.
(9) Commissioner means the commissioner of agriculture.
(10) Cultured aquatic stock means aquatic organisms raised from privately
owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms; except that cultured aquatic stock does not include state-owned fish, crustaceans, amphibians, or mollusks lawfully taken and used or sold for bait only.
(11) Department means the department of agriculture.
(12) Division means the division of parks and wildlife in the department of
natural resources.
Source: L. 91: Entire article added, p. 190, � 1, effective June 7.
35-24.5-104. Aquaculture board - created - members. (1) There is hereby
created and established in the department an aquaculture board, which shall consist of the following:
(a) The five persons who make up the fish health board as established in
section 33-5.5-101, C.R.S.; and
(b) Two additional members, to be appointed by the commissioner, who are
familiar with the commercial marketing or processing of aquatic organisms and their products or with the financing of commercial aquaculture.
(2) The term of office of the two additional members appointed in subsection
(1)(b) of this section is three years. Each additional member shall serve until the additional member's successor has been appointed and qualified, and either member is eligible for reappointment. Both additional members shall serve without compensation except for actual and necessary traveling expenses.
(3) The board shall annually select a chair and a vice-chair, who may be the
same as the chair and vice-chair of the fish health board.
(4) A majority of the board shall constitute a quorum, and, if a quorum is
present, in person or by telephone, the board may act upon a vote of a majority of those present.
(5) The board shall constitute a public entity and each member and
employee of the board shall constitute a public employee within the meaning of the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S.
(6) The board is a type 2 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions specified in this article 24.5 under the department and the executive director thereof.
Source: L. 91: Entire article added, p. 191, � 1, effective June 7. L. 2022: (6)
amended, (SB 22-162), ch. 469, p. 3402, � 147, effective August 10. L. 2025: (2) and (3) amended, (HB 25-1084), ch. 24, p. 112, � 71, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
35-24.5-105. Duties of the board. (1) The board shall consider, initiate, and
recommend rules, not inconsistent with law, to the commissioner concerning the regulation of the aquaculture industry and its markets, except for rules that regulate, control, or otherwise relate to fish health, to the spread of aquatic disease, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which subjects are within the jurisdiction of the parks and wildlife commission.
(2) The board shall develop appropriate programs to assist in the protection,
growth, and promotion of the aquaculture industry of the state and shall recommend policies and procedures to the commissioner and the commission for the accomplishment of such a plan.
(3) The board shall review any suspensions or revocations of aquaculture
facility permits and any orders for the destruction of aquatic organisms or for quarantine of aquaculture facilities which last beyond thirty days, and all such suspensions, revocations, and orders shall be conditioned upon the board's approval; except that destruction orders may be approved by the commissioner upon a determination that a situation exists which threatens imminent danger to existing aquatic populations or to human health and safety and that no more reasonable means exist to control the situation. Destruction of aquatic organisms or quarantines shall be done in accordance with applicable regulations of the department.
(4) The board shall review aquaculture facility permitting procedures and
shall make recommendations to the department concerning such procedures and any related fees and charges.
Source: L. 91: Entire article added, p. 191, � 1, effective June 7. L. 2012: (1)
amended, (HB 12-1317), ch. 248, p. 1236, � 94, effective June 4.
35-24.5-106. Rules. (1) To carry out the provisions of this article, the board
is authorized to consider and recommend to the commissioner appropriate rules to be promulgated pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:
(a) Fees to fund all direct and indirect costs of the administration and
enforcement of this article;
(b) Standards applicable to products of cultured aquatic stock offered for
sale; and
(c) The establishment of standards for and certification of private
aquaculture facilities, which may include standards for commercial aquaculturists.
(2) Nothing in this section diminishes or supersedes the authority of the
division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
Source: L. 91: Entire article added, p. 192, � 1, effective June 7. L. 2012: (2)
amended, (HB 12-1317), ch. 248, p. 1236, � 95, effective June 4.
35-24.5-107. Powers and duties of the commissioner. (1) To carry out the
provisions of this article, the commissioner is authorized to adopt appropriate rules pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:
(a) Fees to fund all direct and indirect costs of the administration and
enforcement of this article and article 5.5 of title 33, C.R.S.;
(b) Standards applicable to products of cultured aquatic stock offered for
sale; and
(c) The establishment of standards for and certification of private
aquaculture facilities, which may include standards for commercial aquaculturists.
(2) Nothing in this section diminishes or supersedes the authority of the
division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
(3) The commissioner shall institute appropriate programs to assist in the
protection, growth, and promotion of the aquaculture industry in the state.
(4) The commissioner shall provide facilities and support to the board for use
in carrying out its duties.
(5) The commissioner shall provide for the issuance of permits for
aquaculture facilities and shall establish permit fees to offset the costs of regulating the aquaculture industry.
(6) The commissioner shall enforce all rules and regulations concerning
aquaculture except those which relate to fish health, or to the spread of aquatic diseases, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which rules and regulations shall be enforced by the division.
(7) The commissioner may contract for the services of any certified aquatic
disease laboratory or certified aquatic disease specialist in this state or in any other state, or with any other government agency, through intergovernmental agreement, contract, or memorandum of understanding to implement and enforce the rules and regulations of the commissioner.
(8) The commissioner may quarantine aquaculture facilities subject to the
review of the aquaculture board pursuant to section 35-24.5-105 (3).
(9) Nothing in this section shall be construed to conflict with or to supersede
the authority of the Colorado department of public health and environment to regulate the growing, harvesting, and shipping of molluskan shellfish or any other processed fish or seafood products intended for human consumption.
Source: L. 91: Entire article added, p. 193, � 1, effective June 7. L. 94: (9)
amended, p. 2804, � 574, effective July 1. L. 2012: (2) amended, (HB 12-1317), ch. 248, p. 1236, � 96, effective June 4.
35-24.5-108. Delegation of duties - cooperative agreements. (1) The
powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
(2) After thorough consultation with the board, the department may receive
and expend grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any agency of this state or its political subdivisions for the purposes of this article.
Source: L. 91: Entire article added, p. 194, � 1, effective June 7.
35-24.5-109. Facility permit required. (1) On or after January 1, 1992, no
person shall operate a fish production facility for the purpose of propagating, selling, trading, or transporting live fish or viable gametes unless such fish production facility possesses a valid and current aquaculture facility permit issued by the commissioner.
(2) One or more satellite stations of a fish production facility may operate
under one aquaculture facility permit if all such satellite stations are listed on such facility permit.
(3) Each person seeking to obtain an aquaculture facility permit shall make
application to the commissioner on forms prescribed and furnished by the commissioner.
(4) An annual facility permit fee in an amount to be established by the
commissioner, not to exceed one hundred eighty dollars, shall accompany the application.
(5) No aquaculture facility permit shall be required for persons to obtain and
possess live fish for aquaria or private ponds so long as such aquaria or ponds are hydrologically closed systems and are not connected to state waters and so long as live fish which have been held in such aquaria or ponds are not released into state waters.
(6) No aquaculture facility permit shall be required of any federal, state, or
county agency or of any person possessing a valid scientific collecting permit who is conducting research or educational activities with lawfully acquired fish, nor shall such permit be required of any zoo accredited by the American association of zoological parks and aquariums; except that such persons and entities must adhere to all other division of parks and wildlife regulations including record-keeping and importation requirements.
(7) Any person who operates or uses an aquaculture facility, whether as
owner, operator, lessee, or pursuant to any contract, or who otherwise buys, sells, trades, or acts as a broker of live fish or viable gametes, shall be subject to all applicable regulations including record-keeping and importation requirements.
Source: L. 91: Entire article added, p. 194, � 1, effective June 7.
35-24.5-110. Civil penalties - disciplinary actions. (1) (a) Any person that
violates any of the provisions of this article or any rule or regulation promulgated by the commission pursuant to this article may be punished upon a finding of such violation by the commissioner as follows:
(I) In any first administrative proceeding, a fine of not less than one hundred
dollars nor more than one thousand dollars;
(II) In any subsequent administrative proceeding against the same person, a
fine of not less than one thousand dollars nor more than five thousand dollars.
(b) If the commissioner is unable to collect such civil penalty or if any person
fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(2) In addition to the penalties provided in subsection (1) of this section, the
commissioner may withhold, deny, suspend, or revoke the aquaculture facility permit of any aquaculturist if the commissioner finds that such person has committed any of the following:
(a) Fraud or material deception in the obtaining or renewal of a permit;
(b) Failure to comply with any provision of this article or rules promulgated
by the commissioner or any lawful order of the commissioner pursuant thereto;
(c) Failure to comply with any provision of section 33-6-114.5 (1) to (6), C.R.S.,
or with any rule or regulation of the division, or with any statutory provision relating to fish health, the spread of aquatic diseases, or the importation into the state, distribution, or management of any exotic aquatic species;
(d) Contracting with or assisting unlicensed persons to perform services or
operate in a manner for which a license is required under this article.
(3) Any revocation or suspension of a permit by the commissioner shall be
subject to review by the board pursuant to section 35-24.5-105 (3); except that the commissioner may issue an order to cease and desist from doing any act which is determined to present an immediate danger to other aquatic stock pending such review by the board. For the purpose of enforcing any such cease-and-desist order, the commissioner has, in addition to any other powers conferred by statute, the power to exercise such physical control over property and persons as may be necessary to protect the health of such aquatic stock or of the public.
(4) Whenever the commissioner possesses sufficient evidence satisfactory
to the commissioner indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
Source: L. 91: Entire article added, p. 195, � 1, effective June 7.
35-24.5-111. Aquaculture fund created. All fees and penalties collected
pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the aquaculture cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the direct and indirect costs of the administration of this article.
Source: L. 91: Entire article added, p. 196, � 1, effective June 7.
ARTICLE 25
Colorado Bee Act
C.R.S. § 35-26-102
35-26-102. Definitions. As used in this article 26, unless the context otherwise requires:
(1) Advertisement means the attempt by publication, dissemination,
solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property.
(1.5) (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)
(1.7) Body politic means any agency of this state or of the federal
government, or any unit of local government, including any county, city, town, school district, local improvement or service district, or special district, or any other governmental unit having authority under the law to tax or impose assessments, including special assessments.
(2) Botanical name means that name used in the binomial system of
nomenclature consisting of the genus and the species of a particular plant and, if there be one, the variety name of the species.
(2.5) Broker means:
(a) When used as a verb, to negotiate the purchase or sale of any plant
product on behalf of another person; or
(b) When used as a noun, a person who negotiates the purchase or sale of
any plant product on behalf of another person.
(3) Collected nursery stock means any nursery stock removed from its
original native habitat.
(4) Collector means any person who collects nursery stock for sale
purposes.
(5) Commissioner means the commissioner of agriculture.
(6) Common name means the name of any plant which is in common and
widest use in the state, to designate the kind and variety of a plant.
(7) Dead or dying condition means a condition in which a plant is without
living tissue, or is weakened to a point that it is unlikely to grow with reasonable vigor when given reasonable care.
(8) (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)
(9) Department means the department of agriculture.
(9.2) Distribute means, for any commercial purpose, to:
(a) Sell or give away, offer to sell or give away, display for sale or as a
giveaway, or hold either for sale or to give away; or
(b) Ship, hold for shipment, or deliver or release for shipment.
(9.3) Effective control means, when referring to any pest that is not
quarantined pursuant to the Pest Control Act, article 4 of this title 35, or that is not quarantined pursuant to any comparable federal quarantine law, eliminating or reducing a plant pest, disease, or weed to the point of an acceptable economic or environmental risk.
(9.5) Grown within Colorado means propagated from seed or cuttings or by
budding or grafting in Colorado, or grown as a native stand of trees or shrubs or other stock growing on property owned or leased in Colorado by the nursery who intends to collect and sell such stock.
(10) Insect pests means the small invertebrate animal in the phylum
anthropoda comprising the class insecta which generally have segmented bodies, are six-legged, and are usually winged, such as beetles, bugs, bees, and flies, including a similar class of arthropods whose members are wingless and generally have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice which are injurious to nursery stock.
(11) Landscape contractor means a person who provides nursery stock for
compensation or value as part of a site development or landscaping service.
(11.5) National nursery stock cleanliness standard means a standard for
nursery stock that requires that:
(a) The nursery stock is free of quarantine pests and pests of concern; and
(b) Any nonquarantine pests are under effective control.
(11.6) Noxious weed means a species of plant that:
(a) Is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or
destructive to agriculture, silviculture, or native species;
(b) Is difficult to control or eradicate; and
(c) The commissioner has identified as a prohibited weed by rule adopted in
accordance with the State Administrative Procedure Act, article 4 of title 24.
(12) Nursery means any grounds or premises on or in which nursery stock is
propagated, held, or grown for sale purposes.
(13) Nurseryman means any person owning, leasing, or managing a nursery.
All persons engaged in the operation of a nursery are farmers and are engaged in agriculture for all statutory purposes.
(14) Nursery stock means:
(a) Any hardy plant or herbaceous or woody plant that:
(I) Survives Colorado winters; and
(II) Is grown, collected, or kept for propagation, sale, or distribution,
including the following:
(A) A deciduous or evergreen tree;
(B) A shrub;
(C) A woody vine;
(D) Turfgrass sod; and
(E) Ornamental grass;
(b) Any nonhardy plant or plant part to be distributed in another state that
requires plant inspection and certification before the plant may be transferred into the state; and
(c) If the commissioner determines that regulating the movement of a plant
is necessary to control any insect pest or plant disease, any other plant designated as nursery stock by the commissioner by rule.
(15) (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)
(16) Orchard plants means trees, shrubs, and vines which are grown solely
for their fruit or other products.
(17) Person means any firm, partnership, association, corporation, society,
individual, or combination of individuals.
(17.5) Pest of concern means a nonquaratine pest that is not known to
occur in the state or that has a limited distribution within the state but that has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk were it to be introduced to or proliferate in the state.
(18) Place of business means each separate nursery, store, stand, sales
ground, lot, or any location from which nursery stock is being sold, offered for sale, or distributed.
(19) Plant diseases means the pathological condition in nursery stock
caused by fungi, bacteria, nematodes, viruses mycoplasmas, or parasitic seed plants.
(19.5) Sell means, for any commercial purpose and with respect to nursery
stock, to offer, display, possess, exchange, barter, broker, distribute, or trade.
(20) Stop-sale order means a written order prohibiting the sale of nursery
stock.
(21) Turfgrass sod means a strip or section of one or more grasses or other
plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amounts specified by the commissioner.
(22) Weed means any plant which grows where not wanted.
Source: L. 71: R&RE, p. 143, � 1. C.R.S. 1963: � 6-15-2. L. 83: (1), (11), (19), and
(21) amended and (1.5), (1.7), and (22) added, p. 1361, �� 1, 2, effective July 1. L. 91: (1), (1.5), (5), (7), (8), (10), (12), (15), and (20) amended, p. 151, � 5, effective July 1. L. 96: (9.5) added, p. 373, � 1, effective April 17. L. 2018: IP and (14) amended and (2.5), (9.2), (9.3), (11.5), (11.6), (17.5), and (19.5) added, (HB 18-1246), ch. 105, p. 790, � 2, effective August 8.
C.R.S. § 35-5-123
35-5-123. Rules and regulations. (1) The commissioner is authorized, after opportunity for hearing and in accordance with article 4 of title 24, C.R.S., to promulgate appropriate rules and regulations concerning:
(a) Payment of costs by landowners and lessees, APHIS, and the governor's
agricultural emergency and disaster fund;
(b) Procedures for awarding contracts for grasshopper and range caterpillar
control operations, which procedures shall follow as nearly as practicable the procedures for awarding contracts of the department of personnel, the terms and conditions of such contracts, bonding requirements, and qualifications of those contracting to do the control work;
(c) Methods and materials of control to be used in grasshopper and range
caterpillar control operations;
(d) Protection of the environment, businesses, and industries located in
grasshopper and range caterpillar control districts.
(2) The commissioner is further empowered to make and publish such
reasonable rules and regulations as are proper and necessary to put into effect the provisions of this article.
Source: L. 77: Entire section added, p. 1580, � 7, effective June 4. L. 95: (1)(b)
amended, p. 666, � 104, effective July 1.
C.R.S. § 35-5-125
35-5-125. Cooperation between districts. (1) When pests may be more economically, completely, or satisfactorily managed, two or more boards of county commissioners may contract with one another to manage and control pests, including, but not limited to, sharing costs and employees. A board of county commissioners shall not contract to share resources, including costs or employees, with another such board unless both boards and both district advisory committees of such boards authorize such sharing.
(2) A contract created pursuant to subsection (1) of this section shall be in
writing and contain the purposes, rights, powers, responsibilities, and financial obligations of each contracting county.
(3) If other law has requirements applicable to special types of
intergovernmental contracts or cooperative agreements, such law shall control.
Source: L. 2003: Entire section added, p. 847, � 1, effective April 7.
ARTICLE 5.5
Colorado Noxious Weed Act
35-5.5-101. Short title. This article shall be known and may be cited as the
Colorado Noxious Weed Act.
Source: L. 90: Entire article added, p. 1549, � 1, effective July 1. L. 96: Entire
section amended, p. 763, � 3, effective May 23.
35-5.5-102. Legislative declaration - rule of construction. (1) In enacting
this article the general assembly finds and declares that there is a need to ensure that all the lands of the state of Colorado, whether in private or public ownership, are protected by and subject to the jurisdiction of a local government empowered to manage undesirable plants as designated by the state of Colorado and the local governing body. In making such determination the general assembly hereby finds and declares that certain undesirable plants constitute a present threat to the continued economic and environmental value of the lands of the state and if present in any area of the state must be managed. It is the intent of the general assembly that the advisory commissions appointed by counties and municipalities under this article, in developing undesirable plant management plans, consider the elements of integrated management as defined in this article, as well as all appropriate and available control and management methods, seeking those methods which are least environmentally damaging and which are practical and economically reasonable.
(1.5) The general assembly hereby finds and declares that:
(a) Noxious weeds have become a threat to the natural resources of
Colorado, as thousands of acres of crop, rangeland, and habitat for wildlife and native plant communities are being destroyed by noxious weeds each year;
(b) An organized and coordinated effort must be made to stop the spread of
noxious weeds and that such an effort can best be facilitated by a state coordinator who will assist in building local coalitions and coordinate the efforts of state, federal, local, and private landowners in developing plans for the control of noxious weeds without unnecessarily disrupting the development of such lands;
(c) The designation and classification of noxious weeds into categories for
immediate eradication, containment, and suppression will further assist the state in coordinating efforts to stop the spread of noxious weeds;
(d) Because the spread of noxious weeds can largely be attributed to the
movement of seed and plant parts on motor vehicles, and because noxious weeds are becoming an increasing maintenance problem on highway right-of-ways in this state, additional resources are needed to fight the spread of noxious weeds; and
(e) The use of moneys in the noxious weed management fund to assist local
governing bodies and affected landowners in the eradication, containment, or suppression of noxious weeds best serves the citizens of Colorado.
(2) This article is in addition to article 5 of this title and is intended to be an
expansion of, not a substitution for, the provisions of said article 5.
Source: L. 90: Entire article added, p. 1549, � 1, effective July 1. L. 96: (1.5)
added, p. 764, � 4, effective May 23. L. 2003: (1.5) amended, p. 2415, � 1, effective August 6.
35-5.5-103. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(2) Alien plant means a plant species that is not indigenous to the state of
Colorado.
(3) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(4) Commissioner means the commissioner of the department of
agriculture or the commissioner's designee.
(4.5) Department means the department of agriculture.
(5) District means a local governing body's geographic description of a
land area where noxious weeds are to be managed.
(6) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(7) Federal agency means each agency, bureau, or department of the
federal government responsible for administering or managing federal land.
(8) Federal land manager means the federal agency having jurisdiction
over any federal lands affected by the provisions of this article.
(9) Integrated management means the planning and implementation of a
coordinated program utilizing a variety of methods for managing noxious weeds, the purpose of which is to achieve specified management objectives and promote desirable plant communities. Such methods may include but are not limited to education, preventive measures, good stewardship, and the following techniques:
(a) Biological management, which means the use of an organism to disrupt
the growth of noxious weeds.
(b) Chemical management, which means the use of herbicides or plant
growth regulators to disrupt the growth of noxious weeds.
(c) Cultural management, which means methodologies or management
practices that favor the growth of desirable plants over noxious weeds, including maintaining an optimum fertility and plant moisture status in an area, planting at optimum density and spatial arrangement in an area, and planting species most suited to an area.
(d) Mechanical management, which means methodologies or management
practices that physically disrupt plant growth, including tilling, mowing, burning, flooding, mulching, hand-pulling, hoeing, and grazing.
(10) Landowner means any owner of record of federal, tribal, state, county,
municipal, or private land.
(10.5) Local advisory board means those individuals appointed by the local
governing body to advise on matters of noxious weed management.
(11) Local governing body means the board of county commissioners of a
county, the city council of a city and county or statutory or home rule city, the board of trustees of a statutory town or home rule town, or the board of selectmen or city council of a territorial charter municipality, as the context so requires.
(11.4) Local noxious weed means any plant of local importance that has
been declared a noxious weed by the local governing body.
(11.6) Management means any activity that prevents a plant from
establishing, reproducing, or dispersing itself.
(11.7) Management objective means the specific, desired result of
integrated management efforts and includes:
(a) Eradication which means reducing the reproductive success of a
noxious weed species or specified noxious weed population in largely uninfested regions to zero and permanently eliminating the species or population within a specified period of time. Once all specified weed populations are eliminated or prevented from reproducing, intensive efforts continue until the existing seed bank is exhausted.
(b) Containment which means maintaining an intensively managed buffer
zone that separates infested regions, where suppression activities prevail, from largely uninfested regions, where eradication activities prevail.
(c) Suppression which means reducing the vigor of noxious weed
populations within an infested region, decreasing the propensity of noxious weed species to spread to surrounding lands, and mitigating the negative effects of noxious weed populations on infested lands. Suppression efforts may employ a wide variety of integrated management techniques.
(d) Restoration which means the removal of noxious weed species and
reestablishment of desirable plant communities on lands of significant environmental or agricultural value in order to help restore or maintain said value.
(12) Management plan means the noxious weed management plan
developed by any person or the local advisory board using integrated management.
(13) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23, 1996.)
(14) Municipality has the meaning set forth in section 31-1-101 (6), C.R.S.
(15) Native plant means a plant species that is indigenous to the state of
Colorado.
(16) Noxious weed means an alien plant or parts of an alien plant that have
been designated by rule as being noxious or has been declared a noxious weed by a local advisory board, and meets one or more of the following criteria:
(a) Aggressively invades or is detrimental to economic crops or native plant
communities;
(b) Is poisonous to livestock;
(c) Is a carrier of detrimental insects, diseases, or parasites;
(d) The direct or indirect effect of the presence of this plant is detrimental to
the environmentally sound management of natural or agricultural ecosystems.
(16.2) Noxious weed management means the planning and implementation
of an integrated program to manage noxious weed species.
(17) Person or occupant means an individual, partnership, corporation,
association, or federal, state, or local government or agency thereof owning, occupying, or controlling any land, easement, or right-of-way, including any city, county, state, or federally owned and controlled highway, drainage or irrigation ditch, spoil bank, borrow pit, gas and oil pipeline, high voltage electrical transmission line, or right-of-way for a canal or lateral.
(18) Plant growth regulator means a substance used for controlling or
modifying plant growth processes without appreciable phytotoxic effect at the dosage applied.
(18.5) State noxious weed means any noxious weed identified by the
commissioner by rule after notifying and consulting with the state noxious weed advisory committee created in section 35-5.5-108.7.
(18.6) State weed coordinator means the state weed coordinator under
contract with or appointed by the commissioner pursuant to section 35-5.5-117.
(19) and (20) (Deleted by amendment, L. 96, p. 764, � 5, effective May 23,
1996.)
(21) Weed means any undesirable plant.
Source: L. 90: Entire article added, p. 1550, � 1, effective July 1. L. 96: Entire
section amended, p. 764, � 5, effective May 23. L. 2003: (4), IP(9), (10), and (18.5) amended and (11.7) added, p. 2416, � 2, effective August 6. L. 2025: IP and (4) amended, (HB 25-1084), ch. 24, p. 97, � 23, effective August 6.
35-5.5-104. Duty to manage noxious weeds. It is the duty of all persons to
use integrated methods to manage noxious weeds if the same are likely to be materially damaging to the land of neighboring landowners.
Source: L. 90: Entire article added, p. 1551, � 1, effective July 1. L. 96: Entire
section amended, p. 767, � 6, effective May 23.
35-5.5-104.5. Intentional introduction, cultivation, or sale of noxious
weeds - costs. (1) (a) It shall be unlawful to intentionally introduce, cultivate, sell, offer for sale, or knowingly allow to grow in violation of this article or any rule promulgated hereunder in this state any noxious weed designated pursuant to section 35-5.5-108 (2)(a); except that this prohibition shall not apply to:
(I) Research sanctioned by a state or federal agency or an accredited
university or college;
(II) Activities specifically permitted by the commissioner;
(III) Noxious weed management plans that are part of an approved
reclamation plan pursuant to section 34-32-116 (7) or 34-32.5-116 (4), C.R.S.;
(IV) Noxious weed management activities that are conducted on disturbed
lands as part of an approved reclamation plan pursuant to section 34-33-111 (1), C.R.S.; or
(V) Noxious weed management activities that are part of activities
conducted on disturbed lands pursuant to section 34-60-106 (12), C.R.S.
(b) It shall not be a violation of this section for a person to knowingly allow to
grow a state noxious weed that is being properly managed in accordance with the rules promulgated by the commissioner.
(2) Any entity or person that violates the provisions of this section shall be
responsible for the costs associated with remediation of the noxious weeds. In assessing the cost of remediation, the commissioner may include both actual immediate and estimated future costs to achieve specified management objectives.
Source: L. 2003: Entire section added, p. 2417, � 3, effective August 6.
35-5.5-105. Noxious weed management - powers of county
commissioners. (1) The board of county commissioners of each county in the state shall adopt a noxious weed management plan for all of the unincorporated lands within the county. A noxious weed management plan must include all of the requirements and duties imposed by this article 5.5. Guidelines may be included that address no pesticide noxious weed management plans. In addition to and not in limitation of the powers delegated to boards of county commissioners in section 30-11-107, article 15 of title 30, article 5 of this title 35, and elsewhere as provided by law, the board of county commissioners may adopt and provide for the enforcement, including the assessment and collection of fines, of ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce a noxious weed management plan and otherwise provide for the management of noxious weeds within the county, subject to the following limitation: A county ordinance, rule, resolution, other regulation, or exercise of power pursuant to this article 5.5 does not apply within the corporate limits of any incorporated municipality or to any municipal service, function, facility, or property, whether owned by or leased to the incorporated municipality outside the municipal boundaries, unless the county and municipality agree otherwise pursuant to part 2 of article 1 of title 29 or article 20 of title 29.
(2) (a) The board of county commissioners shall provide for the
administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation. Costs associated with the administration of the noxious weed management plan shall be paid from the noxious weed management fund of each county.
(b) Subject to the direction of the board of county commissioners, an agent
of the county appointed or employed under this subsection (2) may exercise the powers and duties granted to, and perform the duties of, a county pest inspector in accordance with articles 4 and 5 of this title.
(3) The board of county commissioners may cooperate with other counties
and municipalities for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.
Source: L. 90: Entire article added, p. 1551, � 1, effective July 1. L. 96: (1) and
(2) amended, p. 767, � 7, effective May 23. L. 2013: (2) amended, (HB 13-1250), ch. 240, p. 1168, � 4, effective August 7. L. 2024: (1) amended, (SB 24-031), ch. 21, p. 57, � 1, effective August 7.
35-5.5-106. Noxious weed management - municipal authority. (1) The
governing body of each municipality in the state shall adopt a noxious weed management plan for all lands within the territorial limits of the municipality. In addition to and independent of the powers elsewhere delegated by law, the governing body of a municipality may adopt and provide for the enforcement of such ordinances, resolutions, rules, and other regulations as may be necessary and proper to enforce said plan and otherwise provide for the management of noxious weeds within the municipality, subject to the following limitation: No municipal ordinance, resolution, rule, other regulation, or exercise of power pursuant to this article shall apply to unincorporated lands or facilities outside the corporate limits of the municipality, except such lands or facilities which are owned by or leased to the municipality, unless the municipality and the county otherwise agree pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.
(2) The governing body of the municipality shall provide for the
administration of the noxious weed management plan authorized by this article through the use of agents, delegates, or employees and may hire additional staff or provide for the performance of all or part of the noxious weed management plan through outside contract. Any agent, delegate, employee, staff, or contractor applying or recommending the use of chemical management methods shall be certified by the department of agriculture for such application or recommendation.
(3) The governing body may cooperate with counties and other municipalities
for the exercise of any or all of the powers and authorities granted by this article. Such cooperation shall take the form of an intergovernmental agreement pursuant to part 2 of article 1 of title 29, C.R.S., or article 20 of title 29, C.R.S.
(4) To the degree that a municipality has, upon enactment of this article, or
subsequent to that date, adopted an ordinance or ordinances for the management of noxious weeds, the adoption of such an ordinance or ordinances shall be deemed to satisfy the requirement for the adoption of a noxious weed management plan imposed by this article.
Source: L. 90: Entire article added, p. 1552, � 1, effective July 1. L. 96: (1), (2),
and (4) amended, p. 768, � 8, effective May 23.
35-5.5-107. Local advisory board - formation - duties. (1) The governing
body of each county and municipality shall appoint a local advisory board. The local governing body, at its sole option, may appoint itself, or a commission of landowners, to act as the local advisory board for that jurisdiction. The members of each local advisory board shall be residents of the unincorporated portion of the county or residents of the municipality, as the case may be, and in the case of a county, at least a majority of the members of the local advisory board shall be landowners of over forty acres.
(2) In the event a county or municipality elects to cooperate with another
county or municipality for any of the purposes set forth in this article, the membership of the local advisory board shall be determined by the governing bodies of such cooperating local governments.
(3) Each local advisory board shall annually elect a chair and secretary. A
majority of the members of the board constitutes a quorum for the conduct of business.
(4) Local advisory boards shall have the power and duty to:
(a) Develop a recommended management plan for the integrated
management of designated noxious weeds and recommended management criteria for noxious weeds within the area governed by the local government or governments appointing the local advisory board. The management plan shall be reviewed at regular intervals but not less often than once every three years by the local advisory board. The management plan and any amendments made thereto shall be transmitted to the local governing body for approval, modification, or rejection.
(b) Declare noxious weeds and any state noxious weeds designated by rule
to be subject to integrated management;
(c) Recommend to the local governing body that identified landowners be
required to submit an individual integrated management plan to manage noxious weeds on their property.
(5) The local governing body shall have the sole and final authority to
approve, modify, or reject the management plan, management criteria, management practice, and any other decision or recommendation of the local advisory board.
(6) The state weed coordinator shall review any recommendations of a local
advisory board appointed pursuant to article 5 of this title and note any inconsistencies between the recommendations of the state weed coordinator or the commissioner and any such local advisory board.
Source: L. 90: Entire article added, p. 1552, � 1, effective July 1. L. 96: Entire
section amended, p. 768, � 9, effective May 23. L. 2025: (3) amended, (HB 25-1084), ch. 24, p. 97, � 24, August 6.
35-5.5-108. Designated noxious weeds - rules - legislative declaration. (1)
The general assembly hereby finds and declares that the noxious weeds designated by rule are a present threat to the economic and environmental value of the lands of the state of Colorado and declare it to be a matter of statewide importance that the governing bodies of counties and municipalities include plans to manage such weeds as part of their duties pursuant to this article.
(2) (a) The state list of plant species that are designated as noxious weeds
shall be designated by rule and shall be managed under the provisions of this article. On and after August 6, 2003, the commissioner shall classify noxious weeds into one of a minimum of three categories, including:
(I) List A, which means rare noxious weed species that are subject to
eradication wherever detected statewide in order to protect neighboring lands and the state as a whole;
(II) List B, which means noxious weed species with discrete statewide
distributions that are subject to eradication, containment, or suppression in portions of the state designated by the commissioner in order to stop the continued spread of these species;
(III) List C, which means widespread and well-established noxious weed
species for which control is recommended but not required by the state, although local governing bodies may require management.
(b) A local governing body may adopt eradication, containment, or
suppression standards that are more stringent than the standards adopted by the commissioner.
(2.1) The commissioner shall review and revise, as necessary, the state
noxious weed list at least once every three years.
(2.3) The commissioner shall develop and implement by rule state noxious
weed management plans for noxious weed species classified as list A or list B species. For each noxious weed species, each management plan shall designate the management objectives for all lands of the state appropriate to achieve the stated purpose of the species classification.
(2.5) The commissioner shall prescribe integrated management techniques
to achieve specified management objectives for each listed species after consulting with the state noxious weed advisory committee. The prescribed management techniques shall be mandatory techniques for list A species and populations of list B species designated for eradication. The commissioner shall develop management techniques pursuant to science-based methodologies, peer reviewed studies, or any other method that is based on credible research.
(2.6) The classifications made pursuant to paragraph (a) of subsection (2) of
this section shall primarily reflect the known distribution of the designated species, the feasibility of current control technologies to achieve specified management objectives, and the costs of carrying out the prescribed state weed management plan.
(2.7) (a) The commissioner shall also adopt rules for granting compliance
waivers to local governing bodies and landowners; except that a waiver may not be granted to the affected landowner when a landowner has wilfully or wantonly violated the provisions of this section or section 35-5.5-104.5 or 35-5.5-108.5 attempts to delay eradication of a species without just cause.
(b) Such rules shall include:
(I) A process by which a local governing body or an affected landowner may
petition the commissioner to change the management objectives specified in a state noxious weed management plan;
(II) The criteria used to evaluate such petitions; and
(III) Time frames in which the commissioner shall grant or deny such
petitions.
(c) Actions sufficient to implement the management objective for a noxious
weed species shall continue until the commissioner grants a waiver pursuant to this subsection (2.7).
(3) The board of county commissioners or governing body of a municipality
may declare additional noxious weeds, within its jurisdictional boundaries, after a public hearing with thirty days prior notice to the public. Any declaration of additional noxious weeds pursuant to this subsection (3) shall include the management objectives for all affected landowners.
Source: L. 90: Entire article added, p. 1553, � 1, effective July 1. L. 96: Entire
section amended, p. 769, � 10, effective May 23. L. 2003: (2) and (3) amended and (2.1), (2.3), (2.5), (2.6), and (2.7) added, p. 2423, � 4, effective August 6.
35-5.5-108.5. Responsibilities related to eradication of designated
noxious weeds - commissioner - local governing bodies - affected landowners. (1) This section shall apply to noxious weeds that have been classified as list A species and to populations of list B species designated for eradication pursuant to section 35-5.5-108 (2)(a). This section shall govern the responsibilities of the commissioner, local governing bodies, and affected landowners.
(2) Duties of commissioner. (a) The commissioner may enforce the
provisions of this section as necessary to ensure the cooperation of local governing bodies and affected landowners.
(b) The commissioner shall provide:
(I) Educational resources to local governing bodies and affected landowners
regarding the eradication of list A species and populations of list B species designated for eradication. Such education shall include an explanation of why the species has been listed for eradication, the prescribed techniques for eradication in the most cost-effective manner, and the duties of the local governing body and affected landowner regarding such eradication.
(II) Financial or in-kind resources to local governing bodies or affected
landowners to eradicate list A species and populations of list B species designated for eradication from the available moneys in the noxious weed management fund created in section 35-5.5-116. Such financial or in-kind resource allocation shall be determined by the commissioner according to the identified benefits to the citizens of Colorado, the surrounding community, and the affected landowners.
(III) The inventory and mapping infrastructure necessary to facilitate the
classification of state noxious weeds and the development and implementation of state noxious weed management plans.
(3) Duties of local governing bodies. (a) In compliance with the rules
promulgated by the commissioner, a local governing body shall initiate and maintain communications with landowners who are affected by list A species and populations of list B species designated for eradication by the commissioner.
(b) In addition to the existing powers and duties of a local governing body
provided in this article a local governing body shall:
(I) Provide affected land owners with technical assistance for the eradication
of list A species and populations of list B species designated for eradication by the commissioner;
(II) Carry out sufficient measures, including project oversight and
enforcement, as may be necessary to ensure the eradication of list A species and populations of list B species designated for eradication by the commissioner;
(III) Provide the commissioner with assistance in disseminating financial
resources to affected landowners and mapping data pursuant to rules promulgated by the commissioner; and
(IV) Determine the cost of eradication to be borne by affected landowners.
(c) Local governing bodies may apply to the commissioner for a waiver of
compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).
(d) If the commissioner determines, in consultation with the local governing
body, that the most cost-effective manner to eradicate designated noxious weeds is for the commissioner to implement an eradication program, the commissioner may implement the eradication program directly.
(4) Duties of affected landowners or occupants. Except as provided
pursuant to section 35-5.5-104.5 (1)(a), an affected landowner or occupant whose property may be affected by list A species or by populations of list B species designated for eradication shall allow the commissioner or local weed control officials access to such property for the purpose of immediate inspection and eradication when at least one of the following events has occurred:
(a) The affected landowner or occupant has requested the inspection;
(b) A neighboring landowner or occupant has reported a suspected noxious
weed infestation and requested an inspection; or
(c) An authorized agent of the local government or commissioner has made a
visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.
(5) (a) If verbal permission to inspect the land by the affected landowner is
not obtained, no entry upon any premises, lands, or places shall be permitted until the local governing body has notified the affected landowner that such inspection is pending by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. Where possible, inspections shall be scheduled and conducted with the concurrence of the affected landowner or occupant. A local governing body may notify an affected landowner in an electronic format, in addition to notice by certified mail.
(b) (I) If, after ten days with no response from the affected landowner or
upon denial of access before the expiration of ten days, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body of an affidavit stating:
(A) The information that gives the inspector reasonable cause to believe that
any provision of this section, section 35-5.5-104.5, or section 35-5.5-108, is being or has been violated;
(B) The affected landowner has failed to respond or the landowner or
occupant has denied access to the inspector; and
(C) A general description of the location of the affected land.
(II) No affected landowner or occupant shall deny access to an authorized
agent of the local governing body or the commissioner in possession of an inspection warrant.
(6) An affected landowner shall notify a lessee or occupant of affected lands
of all notices of inspection and eradication efforts on such lands as soon as practicable.
(7) The local governing body of the county or municipality having jurisdiction
over private and public lands on which list A species or populations of list B species designated for eradication are found shall notify the affected landowner or occupant of such lands by certified mail if the landowner's mailing address is within the United States or mailed in a comparable manner to a landowner whose mailing address is outside of the United States. The notice shall name the noxious weeds, identify eradication as the required management objective, advise the affected landowner or occupant to commence eradication efforts within a specified period or condition, and state the integrated weed management techniques prescribed by the commissioner for eradication. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the eradication of noxious weeds on the premises or land.
(8) Within five days after the local governing body mails notification, the
landowner shall comply with the terms of the notification or submit an acceptable plan and schedule for the completion of the management objective.
(9) (a) In the event the affected landowner or occupant fails to comply with
the notice to eradicate the identified noxious weeds and implement an appropriate eradication program, the local governing body having authority over the public or private land shall:
(I) Provide for and complete the eradication of such noxious weeds at such
time, upon such notice, and in such manner consistent with achieving the management objective as the local governing body deems appropriate; and
(II) Do one of the following:
(A) Assess the whole cost of the eradication, including up to one hundred
percent of inspection, eradication, and other incidental costs in connection with eradication, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as a part of a public right-of-way. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be utilized in furtherance of the local governing body's weed management efforts.
(B) In the event the state board, department, or agency fails to comply with
the notice to eradicate the identified noxious weeds, the local governing body in whose jurisdiction the infestation is located may enter upon such lands and undertake the management of such noxious weeds or cause the same to be done. The expenses associated with inspection and eradication shall be paid by the state board, department, or agency that has jurisdiction over the lands. An agreement for reimbursement shall be reached within two weeks after the date such statement of expense for eradication is submitted by the local governing body. Such reimbursement agreement shall be in writing. If no reimbursement agreement has been reached or the amount reflected in the agreement is not paid upon presentation, the amount in the agreement shall be submitted to the state controller, who shall treat such amount as an encumbrance on the budget of the state board, department, or agency involved or such charge may be recovered in any court with jurisdiction over such lands. The expense associated with eradication may be recovered in any court with jurisdiction over such infested land.
(b) No local governing body shall provide for or compel the eradication of list
A species and populations of list B species designated for eradication or list B noxious weeds on private or public property pursuant to this subsection (9) without first applying the same measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the property.
(10) The local governing body, through its delegates, agents, or employees,
shall have the right to enter upon any premises, lands, or places during reasonable business hours for the purpose of ensuring compliance with the requirements of this section concerning noxious weed eradication.
(11) No agent, employee, or delegate of a local governing body shall have a
cause of action against an affected landowner or occupant for personal injury or property damages while on private or public land for purposes of eradication of noxious weeds except when such damages were the result of gross negligence, recklessness, or intentional action by the landowner.
(12) If, in the opinion of the commissioner, any local governing body fails to
adequately perform any of the duties set forth in this section, the commissioner is authorized to conduct any of the functions or duties of a local governing body pursuant to this section.
(13) The commissioner or the local governing body may require the affected
landowner to pay a portion of the costs associated with eradication of the noxious weeds.
(14) An affected landowner may apply to the commissioner for a waiver of
compliance with an eradication designation pursuant to section 35-5.5-108 (2.7).
(15) For the purposes of this section, an occupant shall not include the
owner of an easement or right-of-way.
Source: L. 2003: Entire section added, p. 2417, � 3, effective August 6.
35-5.5-108.7. State noxious weed advisory committee - repeal. (1) (a) (I)
There is hereby created the state noxious weed advisory committee, referred to in this section as the state advisory committee. The state advisory committee consists of seventeen members. Fifteen members are appointed by the commissioner and serve without per diem compensation or expenses. Of the fifteen members:
(A) At least one member represents private and public landowners or land
managers;
(B) At least two members represent weed management professionals from
the federal, state, or local levels;
(C) At least one member represents public or private weed scientists;
(D) At least two members represent local governing bodies;
(E) Four members must be agricultural producers; and
(F) At least three members represent knowledgeable resource specialists or
industries, including environmental organizations.
(II) The remaining two members are:
(A) One nonvoting member who is appointed by the Colorado department of
transportation with the approval of the commissioner; and
(B) One nonvoting member who is appointed by the department of natural
resources with the approval of the commissioner.
(III) Representation on the state advisory committee must reflect the
different geographic areas of the state equally, to the greatest extent possible. Members of the state advisory committee that represent the various stakeholders and regions shall solicit input from similar stakeholders within each member's area of expertise and region of the state. Members of the state advisory committee shall communicate the committee's recommendations to the region and stakeholders represented by each member.
(b) Staggered appointments shall be made so that not more than eight
members' terms expire in any one year, and thereafter appointments shall be for terms of two years each. Appointees shall be limited to two full terms each. Each state advisory committee member shall hold office until the expiration of the term for which such member is appointed or until a successor has been duly appointed.
(c) In the event of a vacancy on the state advisory committee, the
commissioner shall fill such vacancy promptly to allow a quorum of the state advisory committee to function.
(d) The commissioner may remove any member of the state advisory
committee for misconduct, incompetence, or neglect of duty.
(e) A quorum of the state advisory committee shall elect or appoint annually
a chair and a vice-chair.
(f) A quorum of the state advisory committee shall be a majority of the
members appointed to the state advisory committee.
(g) The state advisory committee shall meet at least quarterly.
(2) The state advisory committee shall make recommendations to the
commissioner concerning the:
(a) Designation of state noxious weeds;
(b) Classification of state noxious weeds;
(c) Development and implementation of state weed management plans;
(d) Prescribed techniques for eradication, containment, and suppression of
state noxious weeds; and
(e) Management of noxious weeds on surface waters and public lands.
(3) Recommendations of the state advisory committee shall be made by a
majority vote of the members of the state advisory committee.
(4) The state advisory committee shall periodically assess the progress
made to implement the provisions of sections 35-5.5-104.5, 35-5.5-108.5, 35-5.5-108.7, and 35-5.5-108 (2)(a); measure the results and effectiveness of endeavors to eradicate, contain, and suppress noxious weeds within this state; and recommend to the commissioner ways to enhance statewide efforts to stop the spread of noxious weeds.
(5) This section is repealed, effective September 1, 2034. Before the repeal,
this section is scheduled for review in accordance with section 2-3-1203.
Source: L. 2003: Entire section added, p. 2422, � 3, effective August 6. L.
2008: (5) amended, p. 1913, � 123, effective August 5. L. 2013: (1)(a), (2)(c), (2)(d), and (5) amended and (2)(e) added, (SB 13-223), ch. 294, p. 1572, � 2, effective May 28. L. 2023: (5) amended, (SB 23-185), ch. 140, p. 591, � 2, effective August 7. L. 2024: (1)(a)(I)(E) amended, (HB 24-1450), ch. 490, p. 3424, � 73, effective August 7. L. 2025: (1)(e) amended, (HB 25-1084), ch. 24, p. 97, � 25, effective August 6.
35-5.5-109. Private lands - management of noxious weeds - charges. (1)
The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of inspecting for the existence of noxious weed infestations, when at least one of the following circumstances has occurred:
(a) The landowner or occupant has requested an inspection;
(b) A neighboring landowner or occupant has reported a suspected noxious
weed infestation and requested an inspection; or
(c) An authorized agent of the local government has made a visual
observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists.
(2) (a) No entry upon any premises, lands, or places shall be permitted until
the landowner or occupant has been notified by certified mail that such inspection is pending. Where possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant.
(b) If after receiving notice that an inspection is pending the landowner or
occupant denies access to the inspector of the local governing body, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body, through its agent or employee, of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being or has been violated; that the occupant or landowner has denied access to the inspector; and a general description of the location of the affected land. No landowner or occupant shall deny access to such land when presented with an inspection warrant.
(3) The local governing body of the county or municipality having jurisdiction
over private lands upon which noxious weeds are found shall have the authority, acting directly or indirectly through its agent or staff, to notify the landowner or occupant of such lands, advising the landowner or occupant of the presence of noxious weeds. Said notice shall name the noxious weeds, advise the landowner or occupant to manage the noxious weeds, and specify the best available control methods of integrated management. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the management of noxious weeds on the premises or lands.
(4) (a) Within a reasonable time after receipt of notification, which at no time
shall exceed ten days, the landowner or occupant shall either:
(I) Comply with the terms of the notification;
(II) Acknowledge the terms of the notification and submit an acceptable plan
and schedule for the completion of the plan for compliance; or
(III) Request an arbitration panel to determine the final management plan.
(b) The arbitration panel selected by the local governing body shall be
comprised of a weed management specialist or weed scientist, a landowner of similar land in the same county, and a third panel member chosen by agreement of the first two panel members. The landowner or occupant shall be entitled to challenge any one member of the panel, and the local governing body shall name a new panel member from the same category. The decision of the arbitration panel shall be final.
(5) (a) In the event the landowner or occupant fails to comply with the notice
to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the local governing body has the authority to:
(I) Provide for and compel the management of such noxious weeds at such
time, upon such notice, and in such manner as the local governing body shall prescribe by ordinance or resolution; and
(II) Assess the whole cost thereof, including up to twenty percent for
inspection and other incidental costs in connection therewith, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as part of a public right-of-way. Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be deposited in the local governing body's weed fund or any similar fund.
(b) No local governing body shall provide for or compel the management of
noxious weeds on private property pursuant to this subsection (5) without first applying the same or greater management measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the private property.
(c) No local governing body shall assess the cost of providing for or
compelling the management of noxious weeds on private property until the level of management called for in the notice or the management plan developed by the arbitration panel has been successfully achieved.
(6) The local governing body, through its delegates, agents, and employees,
shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of ensuring compliance with the requirements of this article concerning noxious weed management and any other local requirements.
(7) No agent, employee, or delegate of a local governing body shall have a
civil cause of action against a landowner or occupant for personal injury or property damage incurred while on public or private land for purposes consistent with this article except when such damages were willfully or deliberately caused by the landowner.
Source: L. 90: Entire article added, p. 1554, � 1, effective July 1. L. 96: (1),
(2)(a), (3), (5), and (6) amended, p. 770, � 11, effective May 23.
35-5.5-110. Public lands - control of undesirable plants - charges. (1) It is
the duty of each state board, department, or agency that administers or supervises state lands to manage noxious weeds on any lands under its jurisdiction using the methods prescribed by the local governing body in whose jurisdiction such state lands are located. The local governing body may give notice to any such state board, department, or agency advising of the presence of noxious weeds and naming them. Such notice shall specify the best available methods of integrated management that are not in conflict with federal law or contractual restrictions included in federal land conveyances to the state. Wherever possible, the local governing body shall consult with the affected state board, department, or agency in the development of a plan for the management of noxious weeds on the premises or lands.
(2) (a) Within a reasonable time after receipt of notification, which at no time
shall exceed ten days, the state board, department, or agency shall do one of the following:
(I) Comply with the terms of the notification;
(II) Acknowledge the terms of the notification and submit an acceptable plan
and schedule for the completion of the plan for compliance;
(III) Request an arbitration panel to determine the final management plan.
(b) The arbitration panel selected by the local governing body
C.R.S. § 35-53-129
35-53-129. Permanent permit for rodeo and other horses - rules. (1) Competition horses, other than contractor-owned bucking horses, that are used in rodeo and horse show competitions, registered breed show horses, racehorses, special drill and pleasure horses, and Colorado farm or ranch work or saddle horses shall be eligible to receive a permanent transportation permit that shall be valid for both interstate and intrastate movement if positive proof of ownership is established to the state board of stock inspection commissioners or a duly authorized Colorado brand inspector. Upon completion of an application form, approved by the board, which shall give a thorough physical description showing all brands, no brands, tattoos, or other characteristics carried by the horse, accompanied by a copy of the brand inspection certificate and a transportation permit fee in an amount determined by the board by rule made payable to the state board of stock inspection commissioners, a permanent hauling transportation permit shall be issued that shall be good for the life of the horse unless a change of ownership takes place, in which case the permit will become void. The new owner may make application for permit by the same full compliance as the prior owner. Any person fraudulently using a transportation permit issued under this section commits a petty offense and shall be punished as provided in section 18-1.3-503.
(2) A permit issued pursuant to this section shall be in lieu of other permits
required under the provisions of this article.
Source: L. 71: p. 166, � 1. C.R.S. 1963: � 8-3-29. L. 73: p. 222, � 1. L. 81: Entire
section R&RE, p. 1711, � 5, effective July 1. L. 98: (1) amended, p. 265, � 5, effective August 5. L. 2002: (1) amended, p. 1551, � 326, effective October 1. L. 2004: (1) amended, p. 650, � 13, effective July 1. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3286, � 658, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
C.R.S. § 35-60-102
35-60-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Brand name means any word, name, symbol, device, or any combination
thereof that identifies the commercial feed of a distributor or labeler and distinguishes it from that of other distributors or labelers.
(2) Commercial feed means all materials or combination of materials that
are distributed or intended for distribution for use as feed or for mixing in feed, unless such materials are specifically exempted. Commercial feed does not include unmixed whole seeds or grains, as identified in the United States grain standards, and physically altered entire unmixed seeds, when such whole or physically altered seeds are not chemically changed or are not adulterated as described in section 35-60-107. The commissioner by rule may exempt from this definition, or from specific provisions of this article, commodities such as hay, straw, stover, silage, cobs, husks, hulls, meat, and other portions of animal carcasses in their raw or natural state that have not been further processed, except by denaturing, when such commodities are not intermixed with other materials and are not adulterated as described in section 35-60-107.
(3) Commissioner means the commissioner of agriculture or the
commissioner's authorized agent.
(3.5) Contract feeder means a person who, as an independent contractor,
feeds commercial feed to animals pursuant to a contract whereby such person's remuneration is determined wholly or partially by feed consumption, mortality, profits, or amount or quality of product.
(4) Customer-formula feed means commercial feed that consists of a
mixture of commercial feeds or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
(5) Department means the department of agriculture and includes the
state agricultural commission, the commissioner of agriculture, and all agents and employees of the department.
(6) Distribute means to sell, offer to sell, exchange, barter, supply, furnish,
or otherwise provide commercial feed. Distribute does not include sales of commercial feed by a contract feeder as a part of a custom feeding agreement.
(7) Distributor means any person who distributes commercial feed in this
state.
(8) Drug means either of the following:
(a) Any article intended for use in the diagnosis, cure, mitigation, treatment,
or prevention of disease in animals other than humans; or
(b) Any article, other than a feed, intended to affect the structure or any
function of an animal's body.
(9) Feed means any substance that is intended for use as food for animals
other than humans. Feed includes commercial feed and feed ingredients.
(9.5) Feeder means any person who provides feed directly to any cattle,
sheep, goats, swine, poultry, or any other animals if such animals are raised to produce human food. Feeder includes a contract feeder.
(10) Feed ingredient means a constituent material used in the manufacture
of a feed that becomes part of the feed.
(11) Label means a display of written, printed, or graphic matter upon or
affixed to the immediate container of any feed or on the invoice or delivery slip with which a feed is distributed.
(12) Labeling means all labels and other written, printed, or graphic matter
upon a feed or any of its containers or wrappers or that accompany the feed or are otherwise published or communicated in any manner by a distributor of such feed.
(13) Manufacture means to grind, mix, blend, or further process a feed.
(14) Noxious weed seed means the seed produced from plants that have
been designated by the commissioner as being noxious due to such plants negative effects on natural and agricultural ecosystems.
(15) Official sample means a sample of feed taken by the commissioner in
accordance with the provisions of section 35-60-110.
(16) Person means an individual, partnership, corporation, limited liability
company, cooperative, business trust, business association, or entity.
(17) Product name means the name of the commercial feed that identifies
it as to kind, class, or specific use and distinguishes it from all other products bearing the same brand name.
(18) Quantity statement means the declaration of the net weight or mass,
net volume of liquid or dry material, or count.
(19) Ton means a net weight of two thousand pounds.
Source: L. 99: Entire article R&RE, p. 565, � 1, effective January 1, 2000. L.
2007: (3.5) and (9.5) added and (6), (10), (11), (12), and (13) amended, p. 991, � 2, effective May 22.
Editor's note: This section is similar to former � 35-60-102 as it existed prior
to 1999.
C.R.S. § 35-66-108
35-66-108. Wild horse fertility - immunocontraception - grants - annual reporting. (1) The department may implement an immunocontraception program. The department may provide staff and material support for immunocontraception for wild horses in herd management areas to keep wild horse populations at the designated appropriate management levels in each herd management area. The department may consider using different or additional scientifically proven immunocontraceptive fertility control methods after consulting with the wild horse advisory committee. The material support may include:
(a) Using state employees to or contracting with agents to administer
immunocontraception;
(b) Providing funding to or administrative support to other state agencies,
federal agencies, and nonprofit entities to hire employees or contract with agents to administer immunocontraception;
(c) Coordinating events where immunocontraception is administered;
(d) Buying or funding the purchase of equipment, such as vehicles, or
technology, such as equine facial recognition software, to support immunocontraception; and
(e) Coordinating with educational institutions to provide training of,
certification of, or internships to individuals administering immunocontraception.
Source: L. 2025: Entire section added, (HB 25-1283), ch. 225, p. 1029, � 6,
effective August 6.
C.R.S. § 35-75-103
35-75-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Agriculture or agricultural enterprise means the real and personal
property constituting farms, ranches, and other agricultural commodity producers, including aquaculture, floriculture, silvaculture, and other agricultural endeavors that the authority wishes to include within the provisions of this article. Such term shall include agricultural land, equipment used in the production and processing of agricultural products, and other capital improvements including, but not limited to, the purchase of livestock and the implementation of soil conservation practices.
(2) Authority means the Colorado agricultural development authority
created by section 35-75-104.
(3) Board means the board of directors of the authority.
(4) Bond means any bond, note, debenture, interim certificate, grant and
revenue anticipation note, or other evidence of indebtedness authorized to be issued by the authority pursuant to this article.
(5) Borrower means an enterprise engaged in agriculture or agricultural
processing in Colorado.
(6) Contracting party means any party to a lease, sales contract, or loan
agreement except the authority.
(7) Lease means:
(a) A lease containing an option to purchase an agricultural enterprise for a
nominal sum upon payment, in full or with provision for such payment, of all bonds issued in connection with the agricultural enterprise, all interest thereon, and all other expenses in connection with the agricultural enterprise; or
(b) A lease containing an option to purchase an agricultural enterprise at any
time, as provided in such lease, upon payment of the purchase price. The purchase price shall be sufficient to pay all bonds issued in connection with the agricultural enterprise, all interest thereon, and all other expenses incurred in connection with the agricultural enterprise, but payment may be made in the form of one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the lessee which provide for timely payments, including, but not limited to, interest thereon sufficient for such purposes and delivered to the authority or to the trustee under the indenture pursuant to which the bonds were issued.
(8) Lender means any federal or state chartered bank, federal land bank,
production credit association, bank for cooperatives, savings and loan association, building and loan association, small business investment company, or other institution qualified within the state to originate and service loans, including, but not limited to, insurance companies, credit unions, and mortgage loan companies.
(9) Loan means any lease, loan agreement, or sale contract entered into
with a borrower.
(10) Loan agreement means an agreement which provides for the authority
or a lender with which the authority has contracted to loan the proceeds derived from the issuance of bonds pursuant to section 35-75-108 to a contracting party to be used to pay the cost of an agricultural enterprise and which provides for the repayment of such loan by the contracting party. Such agreement may provide for the loans to be secured or evidenced by one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the contracting party, delivered to the authority or to the trustee under the indenture pursuant to which the bonds were issued.
(11) Loan insurer or loan guarantor means an agency, department,
administration, or instrumentality, corporate or otherwise, of the federal department of housing and urban development, the farmers home administration of the federal department of agriculture, or the veterans administration of the United States, any private mortgage insurance company, or any other public or private agency which insures or guarantees loans.
(12) Sale contract means a contract providing for the sale of an agricultural
enterprise to a contracting party and includes a contract providing for payment of the purchase price in one or more installments. If the sale contract permits title to the agricultural enterprise to pass to such contracting party or parties prior to payment in full of the entire purchase price, it shall also provide for such contracting party to deliver to the authority or to the trustee under the indenture pursuant to which the bonds were issued one or more notes, debentures, bonds, or other secured or unsecured debt obligations of the contracting party which provides for timely payments, including, without limitation, interest thereon for the balance of the purchase price at or prior to the passage of such title.
(13) State means the state of Colorado.
Source: L. 81: Entire article added, p. 1732, � 1, effective June 19. L. 2000: (5)
amended, p. 306, � 1, effective April 5.
C.R.S. § 35-75-107
35-75-107. General powers and duties of authority. (1) In addition to any other powers specifically granted to the authority in this article, the authority has the following powers:
(a) To have perpetual existence and succession as a body politic and
corporate;
(b) To adopt and from time to time amend or repeal bylaws for the regulation
of its affairs and the conduct of its business, consistent with the provisions of this article;
(c) To sue and be sued;
(d) To have and to use a seal and to alter the same at pleasure;
(e) To maintain an office at such place as it may designate;
(f) To borrow money and issue bonds, notes, bond anticipation notes, or other
obligations for any of its corporate purposes and to fund or refund such obligations as provided in this article;
(g) To engage the services of private consultants and legal counsel to render
professional and technical assistance and advice in carrying out the purposes of this article;
(h) To procure insurance against any loss in connection with its property and
other assets, including loans and loan notes, in such amounts and from such insurers as it may deem advisable;
(i) To procure insurance or guarantees from any public or private entity,
including any department, agency, or instrumentality of the United States, for payment of any bonds issued by the authority, including the power to pay premiums on any such insurance;
(j) To receive and accept from any source aid or contributions of money,
property, labor, or other things of value to be held, used, and applied to carry out the purposes of this article subject to the conditions upon which the grants or contributions are made, including, but not limited to, gifts or grants from any department, agency, or instrumentality of the United States for any purpose consistent with the provisions of this article;
(k) To enter into agreements with any department, agency, or instrumentality
of the United States or this state and with lenders;
(l) To enter into loan agreements, sales contracts, and leases with
contracting parties for the purpose of planning, regulating, and providing for the financing and refinancing of any agricultural enterprise;
(m) To enter into contracts or agreements with lenders for the servicing and
processing of loans;
(n) To provide technical assistance to local public bodies and to profit and
nonprofit entities in the development or operation of agricultural enterprises and to distribute data and information concerning the encouragement and improvement of agricultural enterprises and agricultural employment in the state;
(o) To cooperate with and exchange services, personnel, and information
with any federal, state, or local governmental agency;
(p) To sell, at public or private sale, with or without public bidding, any loan
or other obligation held by the authority;
(q) To the extent permitted under its contract with the holders of bonds of
the authority, to consent to any modification with respect to the rate of interest, time and payment of any installment of principal or interest, or any other term of any contract, loan, loan note, loan note commitment, contract, lease, or agreement of any kind to which the authority is a party;
(r) To the extent permitted under its contract with the holders of bonds of
the authority, to enter into contracts with any lender containing provisions enabling it to reduce the rental or carrying charges to persons unable to pay the regular schedule of charges where, by reason of other income or payment by any department, agency, or instrumentality of the United States or of this state, such reduction can be made without jeopardizing the economic stability of the agricultural enterprise being financed;
(s) To make and execute contracts and all other instruments necessary or
convenient for the exercise of its powers and functions under this article;
(t) To do all things necessary and convenient to carry out the purposes of
this article;
(u) To receive applications and issue deduction certificates for the income
tax deduction for a portion of lease payments received by a qualified taxpayer for leasing the taxpayer's agricultural asset to an eligible beginning farmer or rancher as allowed in sections 39-22-104 and 39-22-304, C.R.S.; except that the authority shall not issue more than one hundred deduction certificates per income tax year. The authority shall require that a copy of the schedule F that the eligible beginning farmer or rancher filed with the eligible beginning farmer's or rancher's federal income tax return be included as a part of the application for a deduction certificate.
Source: L. 81: Entire article added, p. 1736, � 1, effective June 19. L. 2016:
(1)(u) added, (HB 16-1194), ch. 252, p. 1033, � 3, effective August 10.
C.R.S. § 35-75-111.5
35-75-111.5. Issuance of bonds to construct renewable energy generation facilities and electric transmission lines - renewable energy cooperatives. (1) To facilitate the transmission of electricity generated by a renewable energy cooperative established pursuant to section 7-56-210, C.R.S., the authority may issue revenue bonds in amounts sufficient to pay the following described costs of construction, upgrading, and acquisition, including any required interest on the bonds during construction, upgrading, and acquisition, plus all amounts required for the costs of bond issuance and any required reserves on the bonds:
(a) Construction of renewable energy generation facilities;
(b) Construction or upgrading of electric transmission lines and
appurtenances to be used for the transfer of electricity at one hundred fifteen kilovolts or greater;
(c) Acquisition of the right-of-way on which renewable energy generation
facilities or electric transmission lines and appurtenances to be used for the transfer of electricity at one hundred fifteen kilovolts or greater are to be constructed; and
(d) Construction or upgrading of electric distribution lines and
appurtenances to be used to connect renewable resources or technologies to electric transmission lines and appurtenances.
(2) Revenue bonds, and interest thereon, issued pursuant to this section shall
be payable from revenues derived from use of the renewable energy generation facilities or electric transmission lines constructed, upgraded, or acquired through the use of bond proceeds.
(3) Revenue bonds, including refunding revenue bonds, issued hereunder
shall not constitute an indebtedness of the state, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(4) The proceeds of bonds, revenues, and receipts derived from the
construction, upgrading, or acquisition activities described in this section that are financed in whole or in part by the bonds, and interest and income earned on the deposit and investment of such proceeds, revenues, and receipts, shall not be included in state fiscal year spending for purposes of section 20 of article X of the state constitution and article 77 of title 24, C.R.S.
(5) Nothing in this section shall be construed as authorizing the contracting
by the state of a debt or loan in any form, nor the pledging of the general taxes of the state. Revenue bonds issued pursuant to this section shall not be construed to be moral obligation bonds. The owners or holders of such bonds shall not look to any other revenues of the state for the payment of the bonds; shall not look to any legal, equitable, or moral obligation on the part of the state to pay any portion of the bonds; and shall not look to the state general fund or any other fund of the state for the payment of principal or interest of such obligation.
(6) Revenue bonds, including refunding revenue bonds, issued hereunder and
the income derived therefrom shall be exempt from all state, county, and municipal taxation in the state, except Colorado estate taxes.
Source: L. 2004: Entire section added, p. 1122, � 3, effective May 27.
C.R.S. § 36-1-138
36-1-138. Mineral section - personnel - duties. (1) (a) The state board of land commissioners is authorized to establish, under the jurisdiction of the director of the state board of land commissioners, a mineral section and appoint a minerals director with experience in mineral resources production, management, development, or reclamation. It is the duty of the minerals director or such director's designee or contractor to inspect all works operated under leases from the state for the production of mineral resources upon which rentals are due to the state upon a basis of a royalty upon the production therefrom, as often from time to time as the minerals director shall deem it necessary for the purpose of estimating and checking royalties therefrom, and keep such maps or other information of the workings of all such operations as will give the minerals section full information concerning the same.
(b) In the event the minerals director utilizes a contractor to conduct such
investigation, the compensation to such contractor shall not be based on the number or amount of audit findings referred to the director for action.
(2) Lessees of all mineral resources lands shall be required to furnish the
minerals director with copies or blueprints of all maps of underground surveys of leased land, made or authorized by such lessee, including engineer's field notes, certified to by the engineer who made the survey. The minerals director or such director's designee or contractor shall review activities related to mineral resources leases. The minerals director shall also check the royalties reported as due under such lease for the preceding month and compare the same with the surveys and other inspections made by the minerals director and shall report the result of such examination and checking to the director of the state board of land commissioners. Every mine and oil and gas operation and other works upon the lands managed by the state board of land commissioners held under lease therefrom by any person, association, partnership, or corporation shall be at all times subject to the inspection of the minerals director or such director's designee or contractor. The minerals director or the director's designee or contractor shall inspect and examine all lands held under lease from the state, providing for the payment of royalties from the production therefrom, and report to the director of the state board of land commissioners the condition of said lands and the amount of work and development done thereon by such lessees and make such recommendations relative thereto as the minerals director may deem advisable. The minerals director or such director's designee or contractor shall upon ten days notice have access during normal business hours to records and books necessary to determine the royalty due from the production and disposition of all substances produced from state trust lands, which record or book is in the possession or under the control of the lessee or the lessee's assign. If after reasonable effort the minerals director or such director's designee or contractor is unable to obtain sufficient information from the lessee or assign to determine the royalty due, the director or designee or contractor may petition the state board of land commissioners for an order which upon notice and hearing shall grant access to information, records, and books pertaining to royalties that are in the possession or under the control of any entity that purchases, distributes, processes, or transports the substance produced from the state trust land. Except as is necessary to determine and report to the board royalties due to the board, all information acquired by the director or director's designee or contractor under this subsection (2) shall be protected as confidential information and shall not be a matter of public record in the absence of a written release from the entity from which the information was obtained or until otherwise ordered by a court.
Source: L. 19: p. 653, � 31. C.L. � 1184. CSA: C. 134, � 83. CRS 53: � 112-3-39.
C.R.S. 1963: � 112-3-39. L. 97: Entire section amended, p. 847, � 31, effective May 21.
Cross references: For inquiries by the director of the division of labor into
relations existing between lessees of state lands and the state, see � 8-1-122.
C.R.S. § 36-20-108
36-20-108. Powers of the director. (1) The director may issue permits applicable to specific weather modification operations. For each operation, said permit shall describe the specific geographic area authorized to be affected and shall provide a specific time period during which the operation may continue, which period may be discontinuous but for operations other than ground-based winter cloud seeding may not have a total duration exceeding one calendar year from the day of its issuance. A separate permit shall be required for each operation. Permits for ground-based winter cloud seeding shall have a duration of five years. If a permit for a ground-based winter cloud seeding operation is renewed, the second permit shall have a duration of five years and any third or subsequent permit shall have a duration of ten years. The director shall issue only one active permit for activities in any geographic area if two or more projects therein might adversely interfere with each other.
(2) The director shall, by regulation or order, establish standards and
instructions to govern the carrying out of research and development or commercial operations in weather modification that the director considers necessary or desirable to minimize danger to land, health, safety, people, property, or the environment.
(3) (a) The director may make any studies or investigations, obtain any
information, and hold any hearings the director considers necessary or proper to assist the director in exercising the director's power or administering or enforcing this article or any regulations or orders issued under this article.
(b) All hearings conducted under this article shall be conducted pursuant to
the provisions of this article and article 4 of title 24, C.R.S., and the director or the director's designee shall conduct any hearing required by this article or the director may, by the director's own action, appoint an administrative law judge pursuant to part 10 of article 30 of title 24, C.R.S., subject to appropriations made to the department of personnel, to conduct any hearing required by this article. Any hearing shall be conducted under the provisions and within the limitations of article 4 or title 24, C.R.S., and this article.
(4) (a) The director may, upon approval of the governor, represent the state
in matters pertaining to plans, procedures, or negotiations for interstate compacts relating to weather modification, but, before any such compacts may be implemented, the consent of the general assembly must be obtained.
(b) The director may represent the state and assist counties, municipalities,
and public agencies in contracting with commercial operators for the performance of weather modification or cloud-seeding operations. Counties, municipalities, and other public agencies of this state are hereby granted the authority to contribute to and participate in weather modification.
(5) In order to assist in expanding the theoretical and practical knowledge of
weather modification, the director may participate in and promote continuous research and development in:
(a) The theory and development of weather modification, including
processes, materials, ecological effects, and devices related to such matters;
(b) The utilization of weather modification for agricultural, industrial,
commercial, municipal, recreational, and other purposes;
(c) The protection of life and property and the environment during research
and operational activities.
(6) The director may conduct and may contract for research and
development activities relating to the purposes of this article.
(7) The director, subject to limits of the department of natural resources'
appropriation, may hire any technical or scientific experts or any staff deemed necessary to carry out the provisions of this article.
(8) Subject to any limitations imposed by law, the department of natural
resources, acting through the director, may accept federal grants, private gifts, and donations from any other source. Unless the use of the money is restricted, or subject to any limitations provided by law, the director may:
(a) Spend it for the administration of this article;
(b) By grant, contract, or cooperative arrangement, use the money to
encourage research and development by a public or private agency; or
(c) Use the money to contract for weather modification operations.
(9) The director shall prescribe those measurements reasonably necessary
to be made prior to and during all operations to determine the probable effects of an operation.
Source: L. 72: R&RE, p. 636, � 1. C.R.S. 1963: � 151-1-8. L. 76: (3)(b) amended,
p. 587, � 27, effective May 24. L. 78: (3)(b) amended, p. 274, � 99, effective May 23. L. 87: (3)(b) amended, p. 975, � 97, effective March 13. L. 92: (1), (3)(b), and (9) amended, p. 957, � 11, effective March 19; (1), (2), and (3)(a) amended, p. 1913, � 3, effective July 1. L. 95: (3)(b) amended, p. 666, � 105, effective July 1. L. 96: (1) and (3)(b) amended, p. 967, � 4, effective July 1.
C.R.S. § 36-3-113
36-3-113. Provision for contract - bond. Upon the withdrawal of the land by the department of the interior, it is the duty of the board to enter into a contract with the party submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character, and estimated cost of the proposed ditch, canal, or other irrigation work and state the price and terms upon which the state is to dispose of the lands to settlers and such other conditions and provisions as the board may direct. This contract shall not be entered into on the part of the state until the withdrawal of these lands by the department of the interior and the filing of a satisfactory bond on the part of the proposed contractor for irrigation works, which bond shall be in a penal sum equal to five percent of the estimated cost of the works and conditioned upon carrying out the provisions of the contract with the state.
Source: L. 1895: p. 161, � 11. R.S. 08: � 5148. C.L. � 1133. CSA: C. 134, � 31.
CRS 53: � 112-2-13. C.R.S. 1963: � 112-2-13.
C.R.S. § 36-3-115
36-3-115. Failure in construction. (1) Upon the failure of any parties having contracts with the state for the construction of irrigation works to begin the same within the time specified by law, or to carry on work as provided in their contract, or to complete the same within the time or in accordance with the specifications of the contract with the board and the provisions of this article, it is the duty of the register to give such parties written notice of such failure. In the event the board has extended the time of the beginning or of completing the whole or any part of the construction work beyond the time set forth in the contract between the state and the party submitting the proposal, then the conditions and penalties of this section shall not apply to or be enforceable against the parties constructing the project until the time the extensions have expired.
(2) If, after a period of sixty days they have failed to proceed with the work or
to conform to the specifications and conditions of their contract with the state, it is the duty of the board to declare the bond and contract of such parties forfeited to the state. The board shall notify the contractors of the forfeiture of the contract, by letter to the address given in the proposal, and give notice once a week for a period of four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the state capital in like manner and for a like period. Upon a day fixed, proposals will be received at the office of the register, at the capitol at Denver, for the purchase of the incompleted works and for the completion of the contract.
(3) The time for receiving bids shall be at least sixty days after the issuance
of first notice of forfeiture. The money received from the sale of partially completed works under the provisions of section 36-3-114 shall first be applied to the expense incurred by the state in their forfeiture and disposal to satisfy the bond and to the satisfaction, pro rata, of the adjudicated liens for labor or materials. The surplus, if any exists, shall be paid to the original contractors with the state.
Source: L. 1895: p. 162, � 13. R.S. 08: � 5150. L. 11: p. 301, � 2. C.L. � 1135.
CSA: C. 134, � 33. CRS 53: � 112-2-15. C.R.S. 1963: � 112-2-15.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24; for the mechanics' lien law in general, see article 22 of title 38.
C.R.S. § 36-3-116
36-3-116. State not to be made liable. Nothing in this article shall be construed as authorizing the board to obligate the state to pay for any work constructed under any contract or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.
Source: L. 1895: p. 163, � 14. R.S. 08: � 5151. C.L. � 1136. CSA: C. 134, � 34.
CRS 53: � 112-2-16. C.R.S. 1963: � 112-2-16.
C.R.S. § 36-3-117
36-3-117. Notice of land open for settlement. Immediately upon the withdrawal of any land for the state by the department of the interior, and the inauguration of work by the contractors, it is the duty of the board, by publication once each week, in one newspaper of the county in which the lands are situated, and in one newspaper at the state capital for a period of four weeks, to give notice that the land is open for settlement, and the price and terms upon which the land will be sold to settlers by the state.
Source: L. 1895: p. 163, � 15. R.S. 08: � 5152. C.L. � 1137. CSA: C. 134, � 35.
CRS 53: � 112-2-17. C.R.S. 1963: � 112-2-17.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24.
C.R.S. § 36-7-103
36-7-103. Disposition of timber on state lands. (1) The state board of land commissioners is authorized to sell and otherwise dispose of timber on state lands; to secure the maximum possible amount therefrom, based upon cruised and appraised quantities thereon, location, accessibility, and market conditions; to issue permits of authority for timber cuttings; and to require cash deposits in advance to apply on such timber-cutting permits. In cases in which the appraised value of timber involved in any proposed sale exceeds five thousand dollars, competitive bids shall be received by the board, after call for such bids has been advertised over a thirty-day period in three issues of a newspaper of general circulation in each county in which the timber is located.
(2) The board, when contracting with the Colorado state forest service, shall
direct the service to use the appropriate methods necessary to ensure proper management of state trust lands whenever the board contracts for the disposition from state lands of timber that:
(a) Has been infested with bark beetles; or
(b) Is harvested from a forest whose health is otherwise in decline or from
which the board anticipates declining revenues due to forest health factors.
Source: L. 37: p. 572, � 1. CSA: C. 134, � 119(1). CRS 53: � 112-7-2. C.R.S. 1963:
� 112-7-2. L. 65: p. 922, � 3. L. 86: Entire section amended, p. 1078, � 1, effective March 26. L. 2011: Entire section amended, (SB 11-267), ch. 302, p. 1454, � 3, effective June 8. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2098, � 295, effective August 6.
Cross references: In 2011, this section was amended by the Forest Health
Act of 2011. For the short title and the legislative declaration, see section 1 of chapter 302, Session Laws of Colorado 2011.
C.R.S. § 37-24-102
37-24-102. Contractor - bond - engineer. The person to whom a contract may be awarded shall execute a bond in the penal sum of not less than ten percent of the contract price, with surety to be approved by the board of directors, payable to the drainage district, conditioned for the faithful performance of the contract. All work shall be done under the direction and to the satisfaction of the engineer employed by the drainage district subject to approval by the board of directors.
Source: L. 11: p. 324, � 60. C.L. � 2174. CSA: C. 57, � 75. CRS 53: � 47-5-2.
C.R.S. 1963: � 47-5-2.
C.R.S. § 37-3-110
37-3-110. Contracts. When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let said contract to the lowest or best bidder who gives a good and approved bond with ample security, conditioned on the carrying out of the contract. Such contract shall be in writing and shall be accompanied by or shall refer to plans and specifications for the work to be done prepared by the chief engineer. Said contract shall be approved by the board of directors and signed by the president of the district and by the contractor and shall be executed in duplicate; but in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the unanimous consent of the board of directors, with the approval of the court; but the provisions of this section shall not apply if it is determined by the board of directors that the work be done on force account.
Source: L. 22: p. 26, � 16. C.L. � 9530. CSA: C. 138, � 141. CRS 53: � 30-3-9.
C.R.S. 1963: � 29-3-9.
C.R.S. § 37-3-113
37-3-113. Access to lands - penalty. The board of directors of any district organized under articles 1 to 8 of this title, or its employees or agents, including contractors and their employees and the members of the board of appraisers provided for in article 4 of this title, and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district or to have access to the work, being liable, however, for actual damage done; but no unnecessary damage shall be done. Any person or corporation preventing such entry is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than fifty dollars.
Source: L. 22: p. 25, � 14. C.L. � 9528. CSA: C. 138, � 139. CRS 53: � 30-3-7.
C.R.S. 1963: � 29-3-7.
C.R.S. § 37-31-154
37-31-154. Contractor's bond - engineer to supervise. The person to whom the contract may be awarded shall execute a bond in the penal sum of not less than twenty percent of the contract price, with surety to be approved by the board of directors, payable to the drainage district and conditioned upon the faithful performance of the contract. All work shall be done under the direction and to the satisfaction of the engineer employed by the drainage district and subject to approval by the board of directors.
Source: L. 23: p. 298, � 44. CSA: C. 57, � 170. CRS 53: � 47-12-44. C.R.S.
1963: � 47-12-44.
C.R.S. § 37-41-120
37-41-120. Fiscal year - directors to fix levy. (1) The fiscal year of each irrigation district in this state shall commence on January 1 in each year. It is the duty of the board of directors on or before October 15 in each year to determine the amount of money required to meet the maintenance, operating, and current expenses for the ensuing fiscal year and to certify by resolution to the board of county commissioners of the county in which the office of the district is located said amount, together with any additional amount which may be necessary to meet any deficiency in the payment of said expenses theretofore incurred. The board of directors may fix the amount payable for any tract containing one acre or less and, if so, similarly shall certify this amount to the board of county commissioners. The board of directors shall also fix the amount payable by each tract within any district with which the United States has made a contract and shall certify the same to the board of county commissioners, and the amount so fixed shall be in accordance with the federal reclamation laws and the public notices, orders, and regulations issued thereunder and shall be in compliance with any contracts made by the United States with any owners of said lands and in compliance further with the contracts between the district and the United States. The obligation of every irrigation district contracting with the United States shall be deemed a district debt. Said resolution shall be termed the annual appropriation resolution for the next fiscal year, and no expenditure to be paid out of such fund shall exceed in any one year the amounts fixed for such expenses in the annual appropriation resolution, except as provided in section 37-41-129.
(2) The annual appropriation resolution described in subsection (1) of this
section must include the amount of money needed to meet loan obligations and all amounts payable by landowners to the irrigation district in accordance with loans issued to the landowners pursuant to section 37-41-113 (9) and shall indicate the amount payable by each tract within the irrigation district for which a landowner has received a loan.
Source: L. 05: p. 259, � 18. R.S. 08: � 3457. L. 13: p. 384, � 1. L. 15: p. 302, � 1.
L. 17: p. 302, � 8. C.L. � 1994. CSA: C. 90, � 394. CRS 53: � 149-1-18. L. 63: p. 1000, � 1. C.R.S. 1963: � 150-1-18. L. 2022: Entire section amended, (HB 22-1092), ch. 84, p. 407, � 5, effective August 10.
C.R.S. § 37-43-202
37-43-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Contracting district means an irrigation district which has entered into a
salinity control contract.
(2) Irrigation district means an irrigation district formed pursuant to the
provisions of article 41 or 42 of this title.
(3) Salinity control contract means a contract made between an irrigation
district and the United States pursuant to the Colorado River Basin Salinity Control Act, 43 U.S.C. sec. 1571 et seq., as amended, for the construction, improvement, operation, and maintenance of lateral ditches and pipelines or for any combination of such purposes.
(4) Salinity control lateral means a lateral ditch or pipeline constructed or
improved pursuant to a salinity control contract.
Source: L. 88: Entire part added, p. 1227, � 1, effective April 6.
C.R.S. § 37-43-205
37-43-205. Special assessment. (1) (a) To the extent that the expenses of the operation and the maintenance of salinity control laterals are in excess of annual reimbursements payable to a contracting district by the United States under a salinity control contract, the contracting district may levy special assessments upon real estate within the contracting district which is entitled to receive water through the salinity control laterals. The special assessments shall be made as provided in this article. The laws of this state relating to the review, correction, collection, and enforcement of other district taxes shall apply to the special assessment; except that revenue derived from each such special assessment shall be excluded in the year in which such assessment is first levied in computing the limitations specified in part 3 of article 1 of title 29, C.R.S.
(b) The board of directors of a contracting district shall provide and certify a
description of the real estate within the contracting district and within the county which the board determines to be entitled to receive water through salinity control laterals. The assessor shall assess and enter upon his records the assessed valuation of all real estate, including public lands subject to assessment under the act of the United States congress of August 11, 1916, exclusive of improvements, which is within the contracting district and served by the salinity control laterals. Such assessment shall be based upon values at the same rate per acre. Tracts of land of one acre or less shall not be assessed if the board of directors of the contracting district has otherwise fixed the amount to be paid by each tract of one acre or less.
(c) Immediately after assessment has been made, the assessor shall make a
return to the board of county commissioners of the county in which the contracting district's office is located of the total amount of assessed valuation of the real estate served by salinity control laterals within the contracting district and, if the board of directors of the contracting district has specified a fixed amount for tracts of one acre or less, the number of such tracts in the area served by such laterals within the contracting district. The board of directors of the contracting district shall certify to the board of county commissioners of the county in which the contracting district's office is located the total amount of the special assessment and the amount, if any, payable by tracts of one acre or less. The board of directors of the contracting district may include in the special assessment an amount of up to fifteen percent of the expenses of operation and maintenance not reimbursed under a salinity control contract to cover delinquencies.
(d) Upon receipt of the returns of the total assessment of the contracting
district and receipt of the certification from the board of directors of the contracting district, the board of county commissioners shall levy the special assessment upon all tracts of land of one acre or less in the amount established by the board of the contracting district, if any, and shall fix the rate of levy necessary to provide the balance of the special assessment certified by the board of directors of the contracting district. The board of county commissioners of the county in which the contracting district's office is located shall certify the rates thus established to the board of county commissioners of each county in which any portion of real estate served by the salinity control laterals is located, and such boards shall make the levy, at the rate specified, upon the lands in their respective counties.
(2) In lieu of the special assessment taxes specified in subsection (1) of this
section, a contracting district may charge and collect toll charges for deliveries of water through salinity control laterals to obtain additional funds to defray operation and maintenance expenses of such laterals not reimbursed under a salinity control contract. The board of directors of a contracting district may, from time to time, establish schedules of such toll charges based upon a reasonable apportionment, as determined by the board, among the users deriving water through such salinity control laterals. Deliveries of water may be suspended or withheld from a water user who is delinquent in payment of toll charges.
Source: L. 88: Entire part added, p. 1228, � 1, effective April 6.
C.R.S. § 37-43-206
37-43-206. Authority to obtain loans to defray expenses. Upon authorization of its board of directors, a contracting district shall have the authority to obtain loans, upon such terms and granting such security for repayment thereof as the board deems proper, to defray the annual expenses of operation and maintenance required to perform a salinity control contract. Such loans shall not be subject to any other requirement or limitation in this article or in articles 41 to 43 of this title.
Source: L. 88: Entire part added, p. 1229, � 1, effective April 6.
C.R.S. § 37-43-207
37-43-207. Power of eminent domain. In order to carry out the purposes of this part 2, a contracting district shall have the power of eminent domain to acquire, within the boundaries of the district, existing lateral ditches, pipelines, and appurtenances thereto and interests therein, easements, rights-of-way, and such other rights and interests in property, including property devoted to a public purpose, as may be required in order to carry out the purposes of this part 2. The power of eminent domain granted to a contracting district pursuant to this section shall not extend to the acquisition of: Water rights; laterals which have been and as of April 6, 1988, are improved so as to achieve the purposes of the federal Colorado River Basin Salinity Control Act as determined by the United States bureau of reclamation; and ditch rights in a lateral with respect to which the owners of a majority of the acreage entitled to receive water therefrom have not agreed to have such lateral improved under the provisions of such federal act. If the compensation to be paid for the taking or acquisition of interests in property by a contracting district is to be paid or reimbursed by the United States, the question of whether such compensation shall be made need not be submitted to a vote of the qualified voters of such district.
Source: L. 88: Entire part added, p. 1229, � 1, effective April 6.
C.R.S. § 37-43-208
37-43-208. Contracts - reimbursement by United States. If payments required under contracts made by a contracting district for construction, improvement, operation, or maintenance of facilities, or for supplying of materials or services, in implementation of a salinity control contract are to be paid for or reimbursed by the United States, to the extent that such payments exceed the expenses that would have been incurred by a contracting district in the thorough and timely operation and maintenance of its salinity control lateral absent their improvement pursuant to a salinity control contract, then such contracts need not be submitted to a vote of the qualified voters of the contracting district.
Source: L. 88: Entire part added, p. 1229, � 1, effective April 6.
C.R.S. § 37-43-209
37-43-209. Submission of plans to state engineer - not required. (1) Notwithstanding the provisions of section 37-41-104 (1), a contracting district shall not be required to submit to the state engineer:
(a) Plans for the construction, operation, or maintenance of salinity control
laterals; or
(b) Information concerning such salinity control laterals.
(2) Notwithstanding the provisions of section 37-41-104 (1), a contracting
district shall not be required to obtain a decision from the state engineer as to the feasibility of construction, operation, and maintenance of salinity control laterals.
Source: L. 88: Entire part added, p. 1230, � 1, effective April 6. L. 91: IP(1) and
(2) amended, p. 896, � 32, effective June 5.
C.R.S. § 37-43-210
37-43-210. Compensation of director of contracting district. Amounts paid to a director of a contracting district for services rendered pursuant to a salinity control contract shall be excluded from and not considered to be a part of compensation subject to the limitations imposed by section 37-41-108 or 37-42-110 (3).
Source: L. 88: Entire part added, p. 1230, � 1, effective April 6.
C.R.S. § 37-43-211
37-43-211. Creation of contracting district - election. An irrigation district proposing to become a contracting district shall submit the question of whether to become a contracting district at a special election called for that purpose. Copies of the contract proposed to be entered into shall be maintained at the office of the district from the date of notice of such election until the election is held, and such copies shall be available for inspection by landowners of the district during business hours. Each landowner who owns property within the district which is assessed for district taxes shall be entitled to cast one vote for each acre, or fraction thereof, of land owned by such landowners in the district. If a majority of the votes cast at such election are in favor of the irrigation district becoming a contracting district, such district shall be deemed to be subject to the provisions of this part 2, and the board of directors thereof shall be authorized to enter into a salinity control contract and to execute such modifications, extensions, and supplements thereto from time to time as the board shall deem appropriate.
Source: L. 88: Entire part added, p. 1230, � 1, effective April 6.
ARTICLE 44
Internal Improvement Districts Law of 1923
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24; for foreclosure proceedings relating to public improvements, see part 11 of article 25 of title 31; for single election precinct law, see � 37-41-160.
C.R.S. § 37-46-125
37-46-125. Lawful contracts. (1) When the petition for the organization of a subdistrict and the decree for such organization so provide, it is lawful for any said subdistrict to make contracts as follows:
(a) A water users' association may bind itself to levy an annual assessment
for the use of water and to secure same by liens on land and water rights or in such manner as may be provided by law.
(b) Any person or corporation landowner may create a mortgage lien upon
lands or give other security satisfactory to the board or any other contracting agency, and all such contracts shall provide for forfeiture of the use of water for nonpayment of assessments or installments in the same manner and procedure as provided by statute for forfeiture of stock in a mutual ditch company.
Source: L. 37: p. 1023, � 23. CSA: C. 138, � 199(23). CRS 53: � 149-8-23.
C.R.S. 1963: � 150-7-23.
Cross references: For forfeiture of stock in a ditch company, see � 7-42-104
(4).
C.R.S. § 37-46-147
37-46-147. Rents and charges. (1) (a) The district, any subdistrict, and any political subdivision of the state of Colorado contracting with the district or subdistrict and fixing and collecting annual rentals, service charges, and other charges, or any combination thereof, are, in supplementation of the powers provided in this article, authorized to fix and collect rents, rates, fees, tolls, and other charges, in this article sometimes referred to as service charges, for direct or indirect connection with, or the use or services of, a water system, electrical system, joint system, or other facilities, including, without limitation, connection charges, minimum charges, and charges for the availability of service.
(b) Such service charges may be charged to and collected in advance or
otherwise by a district from any political subdivision or person and by any political subdivision from any person contracting for such connection or use or services or from the owner or occupant, or any combination thereof, of any real property which directly or indirectly is or has been or will be connected with any such facilities, and the political subdivision or owner or occupant of any such real property shall be liable for and shall pay such service charges to the district, subdistrict, or political subdivision fixing the service charges at the time when and place where such service charges are due and payable.
(c) Such service charges of the district or subdistrict may accrue from any
date on which the board of directors reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument pertaining thereto or in any contract with any political subdivision or person, that any facilities or project being acquired or improved and equipped will be available for service or use.
(2) (a) Such rents, rates, fees, tolls, and other charges, being in the nature of
use or service charges, shall, as nearly as the district, subdistrict, or political subdivision fixing the service charges shall deem practicable and equitable, be reasonable, and such service charges shall be uniform throughout the district, subdistrict, or political subdivision for the same type, class, and amount of use or service of the facilities and may be based or computed either: On measurements of water, flow devices, or electric meters, duly provided and maintained by the district, subdistrict, or political subdivision, or any user as approved by the district, subdistrict, or political subdivision fixing such charges; or on the consumption of water or electricity in or on or in connection with the political subdivision, or any person, or real property, making due allowance for commercial use of water and infiltration of groundwater and discharge of surface runoff to the facilities, or on the number and kind of water or electric outlets on or in connection with the political subdivision, person, or real property, or on the water or electric fixtures or facilities in or on or in connection with the political subdivision, person, or real property; or on the number of persons residing or working in or on or otherwise connected or identified with the political subdivision, person, or real property, or on the capacity of the improvements in or on or connected with the political subdivision, person, or real property; or upon the availability of service or readiness to serve by the facilities; or on any other factors determining the type, class, and amount of use or service of the facilities; or on any combination of any such factors.
(b) Reasonable penalties may be fixed for any delinquencies, including,
without limitation, interest on delinquent service charges from any date due at a rate of not exceeding one percent per month or fraction thereof, reasonable attorneys' fees, and other costs of collection.
(3) The district, subdistrict, or political subdivision fixing the service charges
shall prescribe and, from time to time when necessary, revise a schedule of such service charges, which shall comply with the terms of any contract of the district, subdistrict, or political subdivision fixing the service charges.
(4) The general assembly has determined and declared that the obligations,
arising from time to time, of the district, any subdistrict, any political subdivision, or any person to pay service charges fixed in connection with any facilities shall constitute general obligations of the district, subdistrict, political subdivision, or person charged with their payment; but, as such obligations accrue for current services and benefits from, and the use of, any such facilities, the obligations shall not constitute an indebtedness of the district, any subdistrict, or any political subdivision within the meaning of any constitutional, charter, or statutory limitation or any other provision restricting the incurrence of any debt.
(5) No board, agency, bureau, commission, or official, other than the board of
directors of the district or subdistrict, respectively, or the governing body of the political subdivision fixing the service charges, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges or to prescribe, supervise, or regulate the performance of services pertaining to the facilities thereof, as authorized by this article; but this subsection (5) shall not be construed to be a limitation on the contracting powers of the board of directors of the district or any subdistrict, respectively, or the governing body of any such political subdivision.
Source: L. 77: Entire section added, p. 1650, � 5, effective June 9.
C.R.S. § 37-47-125
37-47-125. Contracts of subdistricts. (1) When the petition for the organization of a subdistrict and the decree for such organization so provide, it shall be lawful for any subdistrict to make contracts as follows:
(a) A water users' association may bind itself to levy an annual assessment
for the use of water and to secure same by liens on land and water rights or in such manner as may be provided by law.
(b) Any person or corporation landowner may create a mortgage lien upon
lands or give other security satisfactory to the board or any other contracting agency, and all such contracts shall provide for forfeiture of the use of water for nonpayment of assessments or installments in the same manner and procedure as provided by statute for forfeiture of stock in a mutual ditch company.
Source: L. 41: p. 884, � 23. CSA: C. 173B, � 78. CRS 53: � 149-9-23. C.R.S.
1963: � 150-8-23.
Cross references: For forfeiture of stock in a ditch company, see � 7-42-104
(4).
C.R.S. § 37-47-147
37-47-147. Rents and charges. (1) (a) The district, any subdistrict, and any political subdivision of the state of Colorado contracting with the district or subdistrict and fixing and collecting annual rentals, service charges, and other charges, or any combination thereof, are, in supplementation of the powers provided in this article, authorized to fix and collect rents, rates, fees, tolls, and other charges, in this article sometimes referred to as service charges, for direct or indirect connection with, or the use or services of, a water system, electrical system, joint system, or other facilities, including, without limitation, connection charges, minimum charges, and charges for the availability of service.
(b) Such service charges may be charged to and collected in advance or
otherwise by a district from any political subdivision or person and by any political subdivision from any person contracting for such connection or use or services or from the owner or occupant, or any combination thereof, of any real property which directly or indirectly is or has been or will be connected with any such facilities, and the political subdivision or owner or occupant of any such real property shall be liable for and shall pay such service charges to the district, subdistrict, or political subdivision fixing the service charges at the time when and place where such service charges are due and payable.
(c) Such service charges of the district or subdistrict may accrue from any
date on which the board of directors reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument pertaining thereto or in any contract with any political subdivision or person, that any facilities or project being acquired or improved and equipped will be available for service or use.
(2) (a) Such rents, rates, fees, tolls, and other charges, being in the nature of
use or service charges, shall, as nearly as the district, subdistrict, or political subdivision fixing the service charges shall deem practicable and equitable, be reasonable, and such service charges shall be uniform throughout the district, subdistrict, or political subdivision for the same type, class, and amount of use or service of the facilities and may be based or computed either: On measurements of water, flow devices, or electric meters, duly provided and maintained by the district, subdistrict, or political subdivision, or any user as approved by the district, subdistrict, or political subdivision fixing such charges; or on the consumption of water or electricity in or on or in connection with the political subdivision, or any person, or real property, making due allowance for commercial use of water and infiltration of groundwater and discharge of surface runoff to the facilities, or on the number and kind of water or electric outlets on or in connection with the political subdivision, person, or real property, or on the water or electric fixtures or facilities in or on or in connection with the political subdivision, person, or real property; or on the number of persons residing or working in or on or otherwise connected or identified with the political subdivision, person, or real property, or on the capacity of the improvements in or on or connected with the political subdivision, person, or real property; or upon the availability of service or readiness to serve by the facilities; or on any other factors determining the type, class, and amount of use or service of the facilities; or on any combination of any such factors.
(b) Reasonable penalties may be fixed for any delinquencies, including,
without limitation, interest on delinquent service charges from any date due at a rate of not exceeding one percent per month or fraction thereof, reasonable attorneys' fees, and other costs of collection.
(3) The district, subdistrict, or political subdivision fixing the service charges
shall prescribe and, from time to time when necessary, revise a schedule of such service charges, which shall comply with the terms of any contract of the district, subdistrict, or political subdivision fixing the service charges.
(4) The general assembly has determined and declared that the obligations,
arising from time to time, of the district, any subdistrict, any political subdivision, or any person to pay service charges fixed in connection with any facilities shall constitute general obligations of the district, subdistrict, political subdivision, or person charged with their payment; but, as such obligations accrue for current services and benefits from, and the use of, any such facilities, the obligations shall not constitute an indebtedness of the district, any subdistrict, or any political subdivision within the meaning of any constitutional, charter, or statutory limitation or any other provision restricting the incurrence of any debt.
(5) No board, agency, bureau, commission, or official, other than the board of
directors of the district or subdistrict, respectively, or the governing body of the political subdivision fixing the service charges, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges or to prescribe, supervise, or regulate the performance of services pertaining to the facilities thereof, as authorized by this article; but this subsection (5) shall not be construed to be a limitation on the contracting powers of the board of directors of the district or any subdistrict, respectively, or the governing body of any such political subdivision.
Source: L. 77: Entire section added, p. 1666, � 10, effective June 9.
C.R.S. § 37-48-128
37-48-128. Contracts. When it is determined to let the work by contract, contracts in amounts in excess of ten thousand dollars shall be advertised after notice by publication calling for bids, and the board may reject any or all bids or may let the contract to the lowest responsible bidder who gives a good and approved bond with ample security, conditioned on the carrying out of the contract. Such contract shall be in writing and shall be accompanied by or shall refer to plans and specifications for the work to be done prepared by the chief engineer. Said contract shall be approved by the board of directors and signed by the president of the district and by the contractor and shall be executed in duplicate; but, in case of sudden emergency when it is necessary in order to protect the district, the advertising of contracts may be waived upon the unanimous consent of the board of directors; but the provisions of this section shall not apply if it is determined by the board of directors that the work be done on force account.
Source: L. 75: Entire section added, p. 1378, � 7, effective July 18. L. 2007:
Entire section amended, p. 1276, � 8, effective May 25.
C.R.S. § 37-48-131
37-48-131. Access to lands - penalty. The board of directors or its employees or agents, including contractors and their employees and appraisers retained by the board and their assistants, may enter upon lands within or without the district in order to make surveys and examinations to accomplish the necessary preliminary purposes of the district or to have access to the work, being liable, however, for actual damage done; but no unnecessary damage shall be done. Any person or corporation preventing such entry commits a civil infraction.
Source: L. 75: Entire section added, p. 1378, � 7, effective July 18. L. 2021:
Entire section amended, (SB 21-271), ch. 462, p. 3290, � 672, effective March 1, 2022.
C.R.S. § 37-48-146
37-48-146. Power to borrow money for the preliminary fund. In order to facilitate the preliminary work, the board of directors may borrow money at a net effective interest rate as determined by the board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidences of debt, in this article called warrants, and may pledge, after it has been levied, the preliminary assessment of not exceeding five mills for the repayment thereof, or may pledge the revenue from any service charge or user fee to be levied by the subdistrict. If any warrant so issued by the board of directors is presented for payment and is not paid for want of funds in the treasury, that fact, with the date of presentation, shall be endorsed on the back of such warrant, which shall thereafter draw interest at the rate specified in the endorsement, not exceeding the net effective interest rate as when issued, until such time as there is money on hand sufficient to pay the amount of said warrant with interest.
Source: L. 75: Entire section added, p. 1383, � 7, effective July 18. L. 2007:
Entire section amended, p. 1277, � 12, effective May 25.
C.R.S. § 37-48-156
37-48-156. Contracts of subdistricts. (1) When the official plan so provides, it shall be lawful for any subdistrict to make contracts as follows:
(a) A water users' association, public entity, nonprofit corporation, not-for-profit corporation, carrier ditch company, mutual ditch or reservoir company,
unincorporated ditch or reservoir company, or cooperative association may bind itself to levy an annual assessment for the use of water and to secure the assessment by liens on land and water rights or in such other manner as may be provided by law.
(b) Any person or corporation landowner may create a mortgage lien upon
lands or give other security satisfactory to the board or any other contracting agency, and all such contracts shall provide for forfeiture of the use of water for nonpayment of assessments or installments in the same manner and procedure as provided by statute for forfeiture of stock in a mutual ditch or reservoir company.
Source: L. 75: Entire section added, p. 1387, � 7, effective July 18. L. 2007:
Entire section amended, p. 1282, � 22, effective May 25.
C.R.S. § 37-48-189
37-48-189. Rents and charges. (1) (a) The district, any subdistrict, and any political subdivision of the state of Colorado contracting with the district or subdistrict and fixing and collecting annual rentals, service charges, user fees, and other charges, or any combination thereof, are, in supplementation of the powers provided in this article, authorized to fix and collect rents, rates, fees, tolls, and other charges, in this article sometimes referred to as service charges, for direct or indirect connection with, or the use or services of, a water system, electrical system, joint system, or other facilities, or a plan of water management, including, without limitation, connection charges, minimum charges, water use fees, and charges for the availability of service.
(b) Such service charges may be charged to and collected in advance or
otherwise by a district or subdistrict from any political subdivision, person, or owner or occupant of real property that is directly or indirectly connected with, or served or benefited by, any such facilities or plan of water management, and by any political subdivision from any person contracting for such connection or use or services or from the owner or occupant, or any combination thereof, of any real property that directly or indirectly is or has been or will be connected with or served or benefited by any such facilities or plan of water management, and the political subdivision or owner or occupant of any such real property shall be liable for and shall pay such service charges to the district, subdistrict, or political subdivision fixing the service charges at the time when and place where such service charges are due and payable.
(c) Such service charges of the district or subdistrict may accrue from any
date on which the board of directors reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument pertaining thereto or in any contract with any political subdivision or person, or in any plan of water management, that any facilities or project being acquired or improved and equipped or services or benefit of such plan will be available for service or use.
(2) (a) Such rents, rates, fees, tolls, and other charges, being in the nature of
use or service charges, shall, as nearly as the district, subdistrict, or political subdivision fixing the service charges shall deem practicable and equitable, be reasonable, and such service charges shall be uniform throughout the district, subdistrict, or political subdivision for the same type, class, and amount of use or service of the facilities or plan of water management, and may be based or computed either on:
(I) Measurements of water, flow devices, or electric meters, duly provided
and maintained by the district, subdistrict, or political subdivision, or any user as approved by the district, subdistrict, or political subdivision fixing such charges;
(II) The diversion or consumption of water or consumption of electricity in or
on or in connection with the political subdivision, or by any person or owner or occupant of real property, making due allowance for commercial use of water and infiltration of groundwater and discharge of surface runoff to the facilities or property;
(III) The number and kind of water or electric outlets on or in connection with
the political subdivision, person, or real property;
(IV) The water or electric fixtures or facilities in or on or in connection with
the political subdivision, person, or real property;
(V) The number of persons residing or working in or on or otherwise
connected or identified with the political subdivision, person, or real property;
(VI) The capacity of the improvements in or on or connected with the political
subdivision, person, or real property;
(VII) The availability of service or readiness to serve by the facilities;
(VIII) The amount of surface or groundwater usage by or in connection with
or for the benefit of the political subdivision, person, or owner or occupant of real property;
(IX) Any other factors determining the type, class, and amount of use or
service of the facilities; or
(X) Any combination of any such factors.
(b) Reasonable penalties may be fixed for any delinquencies, including,
without limitation, interest on delinquent service charges from any date due at a rate of not exceeding one percent per month or fraction thereof, reasonable attorney fees, and other costs of collection.
(3) The district, subdistrict, or political subdivision fixing the service charges
shall prescribe and, from time to time when necessary, revise a schedule of such service charges, which shall comply with the terms of any contract of the district, subdistrict, or political subdivision fixing the service charges.
(4) The general assembly has determined and declared that the obligations,
arising from time to time, of the district, any subdistrict, any political subdivision, or any person to pay service charges fixed in connection with any facilities shall constitute general obligations of the district, subdistrict, political subdivision, or person charged with their payment; but, as such obligations accrue for current services and benefits from, and the use of, any such facilities or plan, the obligations shall not constitute an indebtedness of the district, any subdistrict, or any political subdivision within the meaning of any constitutional, charter, or statutory limitation or any other provision restricting the incurrence of any debt.
(5) No board, agency, bureau, commission, or official, other than the board of
directors or the board of managers of the district or subdistrict, respectively, or the governing body of the political subdivision fixing the service charges, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges or to prescribe, supervise, or regulate the performance of services pertaining to the facilities thereof, as authorized by this article; but this subsection (5) shall not be construed to be a limitation on the contracting powers of the board of directors or the board of managers of the district, respectively, or any subdistrict or the governing body of any such political subdivision.
(6) Any service charges payable by the owners or occupants of real property
and any penalties for delinquency may be certified to the boards of county commissioners of the respective counties in which the real property is located and shall then be included by them in their next annual levy for state and county purposes. Such amount so certified shall be collected in the same manner as provided in section 37-48-110 (2). The proceeds of such levy shall be paid to the district as provided in section 37-48-107 (3).
Source: L. 77: Entire section added, p. 1684, � 16, effective June 9. L. 2007:
Entire section amended, p. 1284, � 26, effective May 25.
C.R.S. § 37-5-103
37-5-103. Power to borrow money for the preliminary fund. In order to facilitate the preliminary work, the board of directors may borrow money at a net effective interest rate as determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidences of debt, in this article called warrants, and may pledge, after it has been levied, the preliminary assessment of not exceeding one mill for the repayment thereof. If any warrant so issued by the board of directors is presented for payment and is not paid for want of funds in the treasury, that fact, with the date of presentation, shall be endorsed on the back of such warrant, which shall thereafter draw interest at the rate specified in the endorsement, not exceeding the net effective interest rate when issued, until such time as there is money on hand sufficient to pay the amount of said warrant with interest.
Source: L. 22: p. 45, � 43. C.L. � 9557. CSA: C. 138, � 168. CRS 53: � 30-5-3.
C.R.S. 1963: � 29-5-3. L. 75: Entire section amended, p. 1363, � 1, effective June 29.
C.R.S. § 37-5-108
37-5-108. Power to borrow money for the maintenance fund. In anticipation of the collection of maintenance assessments, the board of directors may borrow money at a net effective interest rate determined by said board and, as evidence of the debt so contracted, may issue and sell or may issue to contractors or others negotiable evidence of debt, in this article called warrants, and may pledge, after it has been levied, the said maintenance assessments for the repayment thereof. If any warrant so issued by the board of directors is presented for payment and is not paid for want of funds in the treasury, that fact, with the date of presentation, shall be endorsed on the back of such warrant, which shall thereafter draw interest at the rate specified in the endorsement, not exceeding the net effective interest rate when issued, until such time as there is money on hand sufficient to pay the amount of said warrant with interest.
Source: L. 22: p. 56, � 48. C.L. � 9562. CSA: C. 138, � 173. CRS 53: � 30-5-8.
C.R.S. 1963: � 29-5-8. L. 75: Entire section amended, p. 1364, � 3, effective June 29.
C.R.S. § 37-50-138
37-50-138. Rents and charges. (1) (a) The district and any political subdivision of the state of Colorado contracting with the district and fixing and collecting annual rentals, service charges, other charges, or any combination thereof are authorized to fix and collect rents, rates, fees, tolls, and other charges, in this article sometimes referred to as service charges, for direct or indirect connection with, or the use or services of, a water system, joint system, or other facilities, including, without limitation, connection charges, minimum charges, and charges for the availability of service.
(b) Such service charges may be charged to and collected in advance or
otherwise by a district from a political subdivision or person and by a political subdivision from a person contracting for such connection, use, or services or from the owner, occupant, or any combination, of real property that directly or indirectly is, has been, or will be connected with such facilities. The political subdivision, owner, or occupant of such real property shall be liable for and shall pay such service charges to the district or political subdivision fixing the service charges at the time and place such service charges are due and payable.
(c) Service charges of the district may accrue from a date on which the board
reasonably estimates, in a resolution authorizing the issuance of securities, other related instruments, or in a contract with any political subdivision or person, that facilities or projects being acquired or improved and equipped will be available for service or use.
(2) (a) Such rents, rates, fees, tolls, and other charges, being in the nature of
use or service charges, shall, as nearly as the district shall deem practicable and equitable, be reasonable, and such service charges shall be uniform throughout the district for the same type, class, and amount of use or service of the facilities and may be based or computed either on:
(I) Measurements of water or flow devices that are duly provided and
maintained by the district or any user as approved by the district;
(II) The consumption of water in, on, or in connection with the political
subdivision, person, or real property, making due allowance for commercial use of water, infiltration of groundwater, and discharge of surface runoff to the facilities;
(III) The number and kind of water fixtures or facilities on or in connection
with the political subdivision, person, or real property;
(IV) The water facilities in, on, or in connection with the political subdivision,
person, or real property;
(V) The number of persons residing or working in, on, or otherwise connected
or identified with the political subdivision, person, or real property;
(VI) The capacity of the improvements in, on, or connected with the political
subdivision, person, or real property;
(VII) The availability of service or readiness to serve by the facilities;
(VIII) Any other factors determining the type, class, and amount of use or
service of the facilities; or
(IX) Any combination of any such factors.
(b) Reasonable penalties may be fixed for delinquencies, including, without
limitation, interest on delinquent service charges from the due date at a rate not exceeding one percent per month or monthly fraction, reasonable attorney fees, and other costs of collection.
(3) The district shall prescribe and, from time to time when necessary, revise
a schedule of such service charges, which shall comply with the terms of any contract of the district or political subdivision fixing the service charges.
(4) The general assembly has determined and declared that the obligations,
arising from time to time, of the district, any political subdivision, or any person to pay service charges fixed in connection with any facilities shall constitute general obligations of the district, political subdivision, or person charged with their payment; except that, as such obligations accrue for current services and benefits from, and the use of, such facilities, the obligations shall not constitute an indebtedness of the district or any political subdivision within the meaning of constitutional, charter, or statutory limitation or other provision restricting the incurrence of debt.
(5) No board, agency, bureau, commission, or official, other than the board of
directors of the district, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges or to prescribe, supervise, or regulate the performance of services pertaining to the district's facilities, as authorized by this article; except that this subsection (5) shall not be construed to be a limitation on the contracting powers of the board.
Source: L. 2004: Entire article added, p. 1927, � 1, effective August 4.
C.R.S. § 37-60-120.1
37-60-120.1. Chatfield reservoir reallocation project - authority - repeal. (1) In order to promote the general welfare and safety of the citizens of this state and utilize reallocated storage space available in the federal flood control project known as Chatfield reservoir, the board has undertaken the Chatfield reservoir reallocation project, referred to in this section as the project, in coordination and cooperation with a local coalition and with participants who have executed letters of commitment with the board. The implementation of the project will result in benefits to South Platte river water users and the downstream environment without adversely impacting other river basins. The implementation of the project will require the board to contract with the United States Army corps of engineers, referred to in this section as the corps, to hold and allocate storage space in the reservoir and to undertake substantial activities related to the mitigation of environmental and recreation impacts caused by the increase in reservoir water levels.
(2) The board is hereby authorized to act as an agent of the project parties to
implement this section. Through an agency fund the board may collect and disburse money from any entity to implement the project and to meet the obligations contained in an intergovernmental agreement, project partnership agreement, or other contract, referred to in this section as an agreement, with the corps or other entity that is required to implement the project. Notwithstanding any other law, including section 24-30-1303, C.R.S., the board and the department of natural resources acting through its agencies shall have the authority to enter into any agreement with the corps or other entities, including consultants and contractors, that in the board's discretion is necessary to implement the project; however, sufficient funds shall have been made available to the board for such purposes. The authority granted by this subsection (2) includes: The ability to hold storage space in the reservoir; to contract with, and allocate storage to, local entities who will utilize the reservoir storage space; to undertake mitigation and long-term operation and maintenance of the project; to receive and expend proceeds received from the sale or lease of reservoir storage space and from any other activities that effectuate the purpose of the acquired project storage space; to pay the costs of storage or other necessary expenses; and to otherwise implement the project. The board has the express authority, in equitable partnership with the participants, to undertake such action as is necessary, including the award of contracts to public and private entities, to undertake mitigation construction and long-term operation and maintenance and related activities; to lease, sublease, or assign storage space rights; and to otherwise effectuate the storage of water in the reservoir. The state treasurer shall credit all proceeds received under this section and the interest earned from investments of those proceeds to the Colorado water conservation board construction fund created in section 37-60-121 (1)(a), and all such moneys are continuously appropriated and remain available for the designated purposes until they are fully expended. In the event of a conflict between the application of state or federal law or rules, including chapter 3 of the state fiscal rules in existence as of May 29, 2008, federal laws and rules shall apply.
(3) This section is repealed, effective at the end of the project. Such repeal
shall not affect the validity of any action taken pursuant to this section. The director of the board shall, in writing, promptly notify the state treasurer and the revisor of statutes when the project is completed.
Source: L. 2008: Entire section added, p. 1572, � 25, effective May 29. L.
2014: (2) amended, (HB 14-1333), ch. 356, p. 1661, � 17, effective June 6.
Editor's note: Subsection (3) provides for the repeal of this section, effective
at the end of the Chatfield reservoir reallocation project, and requires the director of the Colorado water conservation board to promptly notify, in writing, the revisor of statutes when the project is completed. As of publication date, no such notice had been received.
C.R.S. § 37-60-121
37-60-121. Colorado water conservation board construction fund - creation - nature of fund - funds for investigations - contributions - use for augmenting the general fund - funds created - rules - repeal. (1) (a) There is hereby created a fund to be known as the Colorado water conservation board construction fund, which shall consist of all moneys which may be appropriated thereto by the general assembly or which may be otherwise made available to it by the general assembly and such charges that may become a part thereof under the terms of section 37-60-119. All interest earned from the investment of moneys in the fund shall be credited to the fund and become a part thereof. Such fund shall be a continuing fund to be expended in the manner specified in section 37-60-122 and shall not revert to the general fund of the state at the end of any fiscal year.
(b) In the consideration of making expenditures from the fund, the board
shall be guided by the following criteria:
(I) The first priority of the moneys available to the fund shall be devoted to
projects which will increase the beneficial consumptive use of Colorado's undeveloped compact entitled waters;
(II) The balance of the moneys available to the fund shall be devoted to
projects for the repair and rehabilitation of existing water storage and delivery networks, controlled maintenance of the satellite monitoring network authorized pursuant to section 37-80-102 (10), construction and maintenance of the South Platte river alluvial aquifer groundwater monitoring network authorized pursuant to section 37-80-122, and for investment in water management activities and studies;
(III) The board's participation in the construction cost of a project shall be
repaid and the board's costs or its participation in any feasibility studies shall be repaid to the board when construction on a project commences;
(IV) The board shall participate in only those projects that can repay the
board's investment. Service charges and other terms of repayment shall be established by the board. Grants shall not be made, unless specifically authorized by the general assembly acting by bill; however, the board shall have the authority to deauthorize such grants and use any remaining funds for other statutorily authorized purposes if the grant project has been completed or is no longer feasible.
(V) (Deleted by amendment, L. 2002, p. 457, � 31, effective May 23, 2002.)
(VI) The board shall not recommend to the general assembly domestic water
treatment systems;
(VII) The board may recommend to loan funds on floodplain projects;
(VIII) For all feasibility studies, the board shall ensure that the scope of the
study is confined as nearly as possible to a single integrated project; and
(IX) Any feasibility study of a proposed project shall include, to the extent
deemed necessary by the board, an evaluation of:
(A) The water rights available to a proposed project and the yield thereof;
(B) The engineering and economic feasibility of a proposed project; and
(C) The anticipated economic, social, and environmental effects of a
proposed project.
(c) and (d) Repealed.
(2) The board, in addition to the amount allocated to a project to cover the
actual cost of construction, may allocate to the project constructed by it, under contract or otherwise, such amounts as may be determined by it for investigating, engineering, inspection, and other expenses and may provide for the repayment of the same out of the first moneys repayable from the project under the contract for its construction, and such moneys so repaid shall be accounted for within the purpose of making investigations for the development of the water resources of the state.
(2.5) (a) The board is authorized to expend, pursuant to continuous
appropriation and subject to the requirements of paragraph (b) of this subsection (2.5), a total sum not to exceed the balance of the litigation fund, which is hereby created, for the purpose of engaging in litigation:
(I) In support of water users whose water supply yield is or may be
diminished or the cost of said yield is or may be materially increased as a result of conditions imposed or that may be imposed, including but not limited to by-pass flows, by any agency of the United States on permits for existing or reconstructed water facilities located on federally owned lands;
(II) To oppose an application of a federal agency for an instream flow right
that is not in compliance with Colorado law for establishing instream flow rights;
(III) To defend and protect Colorado's allocations of water in interstate
streams and rivers; and
(IV) To ensure the maximum beneficial use of water for present and future
generations by addressing important questions of federal law.
(b) Pursuant to the spending authority set forth in paragraph (a) of this
subsection (2.5), moneys may be expended from the litigation fund at the discretion of the board if:
(I) With respect to litigation, the Colorado attorney general requests that the
board authorize the expenditure of moneys in a specified amount not to exceed the balance of the fund for the costs of litigation associated with one or more specifically identified lawsuits meeting the criteria set forth in paragraph (a) of this subsection (2.5).
(II) (Deleted by amendment, L. 2003, p. 1769, � 19, effective May 19, 2003.)
(c) Any interest earned on the moneys in the litigation fund shall be credited
on an annual basis to the litigation fund created in paragraph (a) of this subsection (2.5).
(d) Notwithstanding section 24-1-136 (11)(a)(I), the board, in conjunction with
the attorney general, shall report annually to the senate agriculture, natural resources, and energy committee and the house of representatives agriculture, livestock, and natural resources committee on any litigation that involves the use of any money from the litigation fund created in subsection (2.5)(a) of this section.
(e) Any moneys remaining in the litigation fund at such time as the general
assembly acts to close the fund shall be credited to the Colorado water conservation board construction fund created in subsection (1) of this section.
(f) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30, 2001.)
(3) (a) The board may receive and expend contributions of money, property,
or equipment from any source for use in making investigations, contracting projects, or otherwise carrying out the purposes of sections 37-60-119 to 37-60-122.
(b) The board may accept, allocate, expend, and otherwise use contributions
and donations of money, property, or equipment from any source to carry out the purposes of this article, article 20 of title 36, C.R.S., and section 37-92-102 (3). Such contributions are hereby continuously appropriated to the board for the purposes established by this section.
(4) (a) The personal services, operating, travel and subsistence, and capital
expenses of administering and managing the feasibility studies, engineering and design work, and construction activities associated with projects which are funded using moneys appropriated, allocated, or otherwise credited to the Colorado water conservation board construction fund may be paid from such moneys.
(b) Repealed.
(c) The legal services expenses, including the expenses of legal counsel
employed by the board with the consent of the attorney general pursuant to section 37-60-114, of negotiating and preparing contracts for the disbursement of moneys from the construction fund for the study, design, and construction of projects which are funded using moneys appropriated, allocated, or otherwise credited to the Colorado water conservation board construction fund may be paid from such moneys.
(d) Repealed.
(5) Repealed.
(6) As of July 1, 1988, and July 1 of each year thereafter through July 1, 1996,
fifty percent of the sum specified in this subsection (6) shall accrue to the fish and wildlife resources fund, which fund is hereby created, twenty-five percent of such sum shall accrue to the Colorado water conservation board construction fund, and twenty-five percent of such sum shall accrue to the Colorado water resources and power development authority. The state treasurer and the controller shall transfer such sum out of the general fund and into said fish and wildlife resources fund and to the authority as moneys become available in the general fund during the fiscal year beginning on said July 1. Transfers between funds pursuant to this subsection (6) and subsection (7) of this section shall not be deemed to be appropriations subject to the limitations of section 24-75-201.1, C.R.S. Subject to the provisions of subsection (7) of this section, the amount that shall accrue pursuant to this subsection (6) shall be as follows:
(a) On July 1, 1988, five million dollars;
(b) and (c) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30,
2001.)
(d) On July 1, 1994, thirty million dollars. In distributing said sum, the formula
in the introductory portion to this subsection (6) shall not apply, and said sum shall accrue as follows:
(I) Ten million five hundred thousand dollars to the Colorado water
conservation board construction fund;
(II) (A) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30, 2001.)
(B) (Deleted by amendment, L. 2003, p. 1769, � 19, effective May 19, 2003.)
(III) One million five hundred thousand dollars to the Colorado water
resources and power development authority;
(IV) (Deleted by amendment, L. 2001, p. 1277, � 49, effective June 5, 2001.)
(V) Two million eight hundred thousand dollars to the Colorado water
conservation board construction fund for a portion of the construction costs of the ridges basin dam of the Animas-La Plata project;
(VI) Four hundred forty-seven thousand forty dollars to the Colorado water
conservation board construction fund for activities relating to the Arkansas river litigation.
(VII) (Deleted by amendment, L. 2001, p. 690, � 27, effective May 30, 2001.)
(e) and (f) (Deleted by amendment, L. 94, p. 1371, � 1, effective May 25, 1994.)
(6.1) Repealed.
(7) As of July 1, 1988, the state treasurer and the controller shall transfer the
five million dollars specified in paragraph (a) of subsection (6) of this section to the water rights final settlement fund, which fund is hereby created. The moneys transferred to the water rights final settlement fund are hereby continuously appropriated to the board solely for the purpose of providing moneys for the tribal development funds for the Southern Ute Indian tribe and the Ute Mountain Ute Indian tribe as provided for in the Colorado Ute Indian water rights final settlement agreement of December 10, 1986. Interest earned from the investment of the moneys in such fund prior to its deposit in the tribal development funds shall be credited to the Colorado water conservation board construction fund and to the Colorado water resources and power development authority at the end of each fiscal year. Of such interest, fifty percent shall be credited to the Colorado water conservation board construction fund and fifty percent shall be transferred to the Colorado water resources and power development authority. The board shall deposit the moneys from the water rights final settlement fund in the tribal development funds, as provided for in the settlement agreement, no later than thirty days after the deposit of federal moneys in such funds as required by the settlement agreement; except that no such moneys shall be available for disbursement from the tribal development funds until such time as the final consent decree contemplated by the settlement agreement is entered; and, except that if such final consent decree is not entered by December 31, 1991, then the moneys so deposited shall be returned, together with the interest earned thereon, to the water rights final settlement fund. If the first installment of federal moneys is not deposited in the tribal development funds before June 1, 1990, or if the state's moneys have been returned from the tribal development funds to the water rights final settlement fund because the final consent decree is not entered by December 31, 1991, then the board shall transfer fifty percent of the moneys in the water rights final settlement fund to the Colorado water resources and power development authority and fifty percent of the moneys in the water rights final settlement fund to the Colorado water conservation board construction fund.
(8) Repealed.
(9) Notwithstanding any provision of this section or of section 37-60-122 to
the contrary, on April 20, 2009, the state treasurer shall deduct ten million two hundred fifty thousand dollars from the Colorado water conservation board construction fund and transfer such sum to the general fund.
(10) Repealed.
(11) (a) On March 21, 2021, the state treasurer shall transfer four million
dollars from the general fund to the Colorado water conservation board construction fund.
(b) (I) Within three days after March 21, 2021, the state treasurer shall
transfer thirty million dollars from the general fund to the Colorado water conservation board construction fund.
(II) (A) Except as specified in subsections (11)(b)(III) and (11)(b)(IV) of this
section, the board shall use the money transferred pursuant to this subsection (11)(b) in connection with the watershed restoration program for watershed restoration and flood mitigation grants to restore, mitigate, and protect stream channels and riparian areas susceptible to flood hazards and sediment erosion and deposition after wildfire, including expenditures for the repair, replacement, modification, maintenance, or installation of related water and debris-control structures, with special consideration of projects with federal and local matching requirements.
(B) The board shall award at least ten million dollars of the money
transferred pursuant to this subsection (11)(b) by July 1, 2022, and shall award the remaining money by December 31, 2022.
(III) The board shall expend up to five hundred thousand dollars by December
31, 2022, for a statewide watershed analysis to investigate the susceptibility of life, safety, infrastructure, and water supplies to wildfire impacts.
(IV) The board may use up to five percent of the money to administer the
grant program as specified in subsection (11)(b)(II) of this section and may use up to ten percent for the costs associated with providing necessary technical engineering services to assist grantees with design review, engineering analysis, fire and flood support, construction oversight, fluvial hazard zone program implementation, project monitoring and adaptive management, and overall program management.
(c) The department of natural resources shall include updates regarding the
board's activities undertaken pursuant to subsection (11)(b) of this section in its departmental presentation to legislative committees of reference pursuant to section 2-7-203.
(d) This subsection (11) is repealed, effective September 1, 2026.
(12) (a) Except as specified in subsection (12)(b) of this section, the board
shall use the money transferred pursuant to section 24-75-228 (2.5)(a)(III) for watershed restoration and flood mitigation grants to restore, mitigate, and protect stream channels and riparian areas susceptible to flood hazards and sediment erosion and deposition after wildfire, including expenditures for the design and implementation of projects intended to mitigate increased flows, sediment, and debris, with federal and local matching requirements.
(b) The board may use up to five percent of the money to administer the
grant program as specified in subsection (12)(a) of this section and may use up to ten percent for the costs associated with providing necessary technical engineering services to assist grantees with design review, engineering analysis, fire and flood support, construction oversight, fluvial hazard zone program implementation, project monitoring and adaptive management, and overall program management.
(c) The department of natural resources shall include updates regarding the
board's activities undertaken pursuant to this subsection (12) in its departmental presentation to legislative committees of reference pursuant to section 2-7-203.
(d) This subsection (12) is repealed, effective July 1, 2027.
(13) The board shall use the money transferred pursuant to section 24-75-228 (2.5)(a)(IV) for the direct and indirect costs of providing assistance to political
subdivisions of the state and other entities in applying for federal Infrastructure Investment and Jobs Act, Pub.L. 117-58, money and other federally available money related to water funding opportunities.
(14) (a) The board shall use the money transferred pursuant to section 24-75-228 (2.5)(a)(V) for both:
(I) Issuing grants to political subdivisions of the state or other entities for the
hiring of term-limited employees, contractors, or both that will assist those political subdivisions and other entities in applying for federal Infrastructure Investment and Jobs Act, Pub.L. 117-58, money and other federally available money related to natural resource management; and
(II) Covering the direct and indirect costs associated with issuing the grants
described in subsection (14)(a)(I) of this section.
(b) The board may adopt policies and procedures as necessary for
implementing a grant program necessary to award the grants described in subsection (14)(a) of this section.
(15) Notwithstanding subsections (13) and (14) of this section, on or after July
1, 2024, the board may use the money transferred pursuant to section 24-75-228 (2.5)(a)(IV) and (2.5)(a)(V) for any of the purposes specified in subsection (13) or (14) of this section.
Source: L. 71: p. 1344, � 2. C.R.S. 1963: � 149-1-21. L. 77: Entire section
amended, p. 1692, � 2, effective March 4. L. 80: (1) amended and (4) added, p. 698, � 2, effective May 2; (1) amended, p. 695, � 2, effective June 5. L. 81: (1) and (4) amended, p. 1769, � 3, effective June 16. L. 83: (5) added, p. 1522, � 7, effective March 22. L. 85: (4)(b) repealed, p. 1154, � 5, effective June 2. L. 86: (1)(b)(III) and (1)(b)(IV) amended, p. 1086, � 7, effective April 24; (6) added, p. 1119, � 19, effective July 1. L. 87: (6) amended and (7) added, p. 1296, �� 3, 4, effective July 13. L. 88: (4)(c) added, p. 1237, � 8, effective May 23; IP(6) amended, p. 1433, � 19, effective June 11. L. 89: IP(6) and (6)(b) to (6)(d) amended and (6)(e) and (6.1) added, pp. 1417, 1418, �� 1, 2, effective April 11. L. 90: IP(6) and (6)(c) to (6)(e) amended and (6)(f) added, p. 1619, � 1, effective April 3. L. 91: IP(6) and (6)(d) to (6)(f) amended, p. 2014, � 1, effective April 1. L. 91, 2nd Ex. Sess.: (1)(d) added, p. 103, � 1, effective October 11. L. 92: IP(6) and (6)(d) to (6)(f) amended, p. 2302, � 1, effective February 25; (1)(b)(I) and (1)(b)(II) amended, p. 2284, � 4, effective May 27. L. 93: (1)(b)(II) amended, p. 3, � 1, effective February 16; (1)(d) amended, p. 11, � 1, effective February 16; IP(6) and (6)(d) to (6)(f) amended, p. 1, � 1, effective February 16. L. 94: (2.5) added and (6)(d) to (6)(f) amended, p. 1371, � 1, effective May 25; (1)(b)(VII) amended, p. 1532, � 11, effective May 31. L. 95: (2.5)(a) and (6)(d)(II) amended, p. 383, � 11, effective May 4. L. 96: (1)(c) repealed, p. 1224, � 26, effective August 7. L. 98: (3) amended, p. 540, � 14, effective April 30; (8) added, p. 1003, � 3, effective May 27. L. 99: (2.5)(f) added, p. 846, � 15, effective May 24. L. 2001: (1)(b)(VII), IP(2.5)(a), IP(2.5)(b), (2.5)(c), (2.5)(d), (2.5)(e), (2.5)(f), IP(6), (6)(b), (6)(c), (6)(d)(II)(A), and (6)(d)(VII) amended, p. 690, � 27, effective May 30; (2.5)(c), (2.5)(e), and (6)(d)(IV) amended, p. 1277, � 49, effective June 5. L. 2002: (1)(b)(II), (1)(b)(IV), (1)(b)(V), and (3) amended and (6.1) repealed, pp. 457, 449, �� 31, 5, effective May 23; (2.5)(d) amended, p. 880, � 15, effective August 7; (5) repealed, p. 1006, � 2, effective August 7. L. 2003: (2.5), (3)(b), and (6)(d)(II)(B) amended, p. 1769, � 19, effective May 19; (2.5)(d) amended, p. 2015, � 113, effective May 22. L. 2006: (3)(b) amended, p. 954, � 6, effective July 1. L. 2009: (9) added, (SB 09-208), ch. 149, p. 627, � 33, effective April 20; (1)(b)(IV) amended, (SB 09-125), ch. 328, p. 1751, � 20, effective June 1. L. 2012, 1st Ex. Sess.: (4)(d) added, (SB 12S-002), ch. 1, p. 2419, � 16, effective May 19. L. 2015: (1)(b)(II) amended, (HB 15-1166), ch. 302, p. 1245, � 2, effective June 5; (10) added, (HB 15-1178), ch. 310, p. 1269, � 1, effective June 5. L. 2016: (1)(b)(II) amended, (SB 16-189), ch. 210, p. 791, � 100, effective June 6. L. 2017: (2.5)(d) amended, (HB 17-1257), ch. 254, p. 1066, � 11, effective August 9. L. 2019: (8) amended, (HB 19-1259), ch. 208, p. 2207, � 3, effective May 17. L. 2020: (1)(b)(VI) amended, (HB 20-1403), ch. 150, p. 650, � 18, effective June 29. L. 2021: (11) added, (SB 21-054), ch. 18, p. 96, � 3, effective March 21; (11) amended, (SB 21-240), ch. 237, p. 1245, � 1, effective June 15. L. 2022: (12) to (14) added, (HB 22-1379), ch. 306, p. 2211, � 2, effective June 2. L. 2024: (15) added, (HB 24-1435), ch. 275, p. 1832, � 17, effective May 29.
Editor's note: (1) Subsection (1)(d)(II) provided for the repeal of subsection
(1)(d), effective July 1, 1994. (See L. 93, p. 11.)
(2) Amendments to subsections (2.5)(c) and (2.5)(e) by Senate Bill 01-138 and
Senate Bill 01-157 were harmonized.
(3) Amendments to subsection (2.5)(d) by Senate Bill 03-110 and House Bill
03-1344 were harmonized.
(4) Subsection (4)(d)(II) provided for the repeal of subsection (4)(d), effective
June 30, 2013. (See L. 2012, 1st Ex. Sess., p. 2419.)
(5) Subsection (10)(d) provided for the repeal of subsection (10), effective
July 1, 2018. (See L. 2015, p. 1269.)
(6) Subsection (8)(b) provided for the repeal of subsection (8), effective July
1, 2021. (See L. 2019, p. 2207.)
Cross references: (1) For the legislative acknowledgment contained in the
1991 act amending this section, see section 2 of chapter 325, Session Laws of Colorado 1991.
(2) For the legislative declaration contained in the 1996 act repealing
subsection (1)(c), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in HB 19-1259, see section 1 of chapter 208, Session Laws of Colorado 2019.
C.R.S. § 37-60-135
37-60-135. State turf replacement program - creation - administration - turf replacement fund - creation - legislative declaration - definitions. (1) The general assembly finds and declares that:
(a) Promoting the efficient and maximum utilization of Colorado's water
resources by decreasing the amount of irrigated turf can:
(I) Increase communities' resilience regarding drought and climate change;
(II) Reduce the sale of agricultural water rights in response to increased
demand for municipal water use; and
(III) Protect river flows;
(b) Irrigation of outdoor landscaping accounts for nearly half of water use
within the municipal and industrial sectors of the state and is mostly used for irrigation of nonnative turf grass;
(c) While there are appropriate and important uses for irrigated turf,
including for parks, sports fields, playgrounds, and portions of residential yards, much of the turf in the state is nonessential and is located in areas that receive little, if any, use. Such irrigated turf could be replaced with water-wise landscaping without impacting quality of life or landscape functionality.
(d) Examples of nonessential turf include turf used for:
(I) Medians;
(II) Areas adjacent to open spaces or transportation corridors;
(III) Areas sloped with more than a twenty-five percent grade;
(IV) Storm water drainage and detention basins;
(V) Commercial, institutional, or industrial properties;
(VI) Common elements in a common interest community, as those terms are
defined in section 38-33.3-103; and
(VII) Portions of residential yards;
(e) Water-wise landscaping must play a critical role in providing substantial
and permanent water savings and in minimizing water waste in Colorado communities;
(f) Local jurisdictions should establish policies that reduce nonessential turf
used for new developments or redeveloped areas and increase the use of water-wise landscaping;
(g) The state must prioritize the use of water-wise landscaping for existing
and new state government properties;
(h) Turf replacement programs provide a proven and effective strategy for
reducing outdoor water demand significantly, and evidence from existing programs demonstrates that, for each acre of turf removed, one to two acre-feet per year of water savings can be realized, meaning that for every one hundred acres of turf converted to water-wise landscapes, up to two hundred acre-feet per year of water may be conserved; and
(i) The board should develop a state turf replacement program to incentivize
the voluntary replacement of irrigated turf on residential properties and commercial, institutional, or industrial properties as a means of responding to increased water demand throughout the state.
(2) As used in this section, unless the context otherwise requires:
(a) Campus means a collection of two or more buildings that are owned
and operated by the same person and have a shared purpose and function as a single property.
(b) Commercial, institutional, or industrial or CII:
(I) Means the commercial, institutional, or industrial sector in the state; and
(II) Includes local governments, schools, and businesses.
(c) District means:
(I) A district or special district formed pursuant to title 32, including a
metropolitan district, as defined in section 32-1-103 (10); a water and sanitation district, as defined in section 32-1-103 (24); and a water district, as defined in section 32-1-103 (25);
(II) A water conservancy district established under article 45 of this title 37;
or
(III) A water conservation district established under article 46, 47, 48, or 50
of this title 37.
(d) Eligible entity means any of the following entities that already
administer or plan to administer a turf replacement program in the state:
(I) A local government;
(II) A district;
(III) A Native American tribe; or
(IV) A nonprofit organization.
(e) Invasive plant species means plants that are not native to the state and
that:
(I) Are introduced into the state accidentally or intentionally;
(II) Have no natural competitors or predators in the state because the state is
outside of their competitors' or predators' range; and
(III) Have harmful effects on the state's environment or economy or both.
(f) Local government means a statutory or home rule municipality, county,
or city and county.
(g) (I) Residential property means any real property upon which a dwelling
is constructed.
(II) Residential property includes:
(A) Both units and common elements in a common interest community, as
those terms are defined in section 38-33.3-103; and
(B) Single-family detached properties and single-family attached properties
that are not in a common interest community.
(h) School means:
(I) A public school maintained and operated by a school district created
pursuant to article 30 of title 22;
(II) A district charter school as defined in section 22-11-103 (12);
(III) An institute charter school as defined in section 22-11-103 (17);
(IV) A private school as defined in section 22-30.5-103 (6.5);
(V) A state institution of higher education as defined in section 23-1-108
(7)(g)(II); or
(VI) A private institution of higher education as defined in section 23-18-102
(9).
(i) Turf means continuous plant coverage consisting of nonnative grasses
or grasses that have not been hybridized for arid conditions and which, when regularly mowed, form a dense growth of leaf blades and roots.
(j) Turf replacement fund or fund means the turf replacement fund
created in subsection (6) of this section.
(k) Turf replacement program or program means a program through
which financial compensation or in-kind or subsidized goods or services are provided to assist with the voluntary replacement of irrigated turf for:
(I) Residential properties; and
(II) CII properties, including industrial and business campuses.
(l) Water-wise landscape or water-wise landscaping:
(I) Means a water- and plant-management practice that:
(A) Is intended to be functional and attractive;
(B) Emphasizes the use of plants that require lower supplemental water,
such as native and drought-tolerant plants; and
(II) Prioritizes the following seven key principles:
(A) Planning and design for water conservation, beauty, and utility;
(B) Improving soil;
(C) Applying efficient irrigation;
(D) Limiting turf to high traffic, essential areas;
(E) Selecting plants that have low water demand;
(F) Applying mulch; and
(G) Maintaining the landscape.
(3) On or before July 1, 2023, the board shall develop a state turf
replacement program:
(a) To provide money to an eligible entity that itself provides matching
money in an amount up to fifty percent of the direct and indirect costs that the eligible entity and any third party it contracts with in developing or implementing a turf replacement program will incur;
(b) Through one or more third-party contractors chosen in accordance with
subsection (5) of this section, to administer one or more turf replacement programs in areas throughout the state in which no eligible entity has developed or is planning to implement a turf replacement program during a specified irrigation season. Turf replacement programs developed pursuant to this subsection (3)(b) may serve residential properties; commercial, institutional, or industrial properties; or both.
(c) Through which money appropriated or transferred to the turf
replacement fund may be provided to an eligible entity that utilizes federal funds to serve as a portion of the nonfederal match money that a federal grant or loan program requires of the eligible entity.
(4) (a) With regard to an eligible entity applicant seeking money for a turf
replacement program that it administers or plans to administer, the eligible entity may apply to the board in the form and manner determined by the board for money to assist the eligible entity in providing turf replacement for:
(I) Its own property;
(II) Residential property within the eligible entity's boundaries or service
area; or
(III) Commercial, institutional, or industrial property located within the
eligible entity's boundaries or service area.
(b) An eligible entity awarded money:
(I) May use a portion of the money to cover its direct and indirect costs,
including the direct and indirect costs incurred by any third-party contractor, in developing and administering a turf replacement program;
(II) Is encouraged to require that its program participants update irrigation
systems to efficiently irrigate water-wise landscaping as a condition of participating in the eligible entity's turf replacement program; and
(III) Is encouraged to require that its program participants maintain or create
defensible space to reduce wildfire risk.
(c) The board's application requirements for applications received pursuant
to this subsection (4) must include a requirement that the eligible entity demonstrate to the satisfaction of the board that:
(I) The eligible entity has matching money as required under subsection
(3)(a) of this section;
(II) The eligible entity will start using any money awarded for implementation
of a turf replacement program within twelve months after being awarded the money;
(III) If the eligible entity has an existing turf replacement program, the
eligible entity will use the money awarded in a manner that expands its turf replacement program, either by increasing the financial incentives offered per property or by expanding the annual total acreage of turf replaced under the program; and
(IV) The eligible entity will not allow the use of money for the replacement of
turf with any of the following:
(A) Impermeable concrete;
(B) Artificial turf;
(C) Water features such as fountains;
(D) Invasive plant species; or
(E) Turf.
(5) (a) The board shall contract with one or more third parties, selected in
compliance with the Procurement Code, articles 101 to 112 of title 24, to administer one or more turf replacement programs in accordance with subsection (3)(b) of this section. The board and third-party contractor or contractors may use money from the turf replacement fund to cover their direct and indirect costs in developing and administering one or more turf replacement programs under this subsection (5). The board and third-party contractor or contractors shall collaborate to develop one or more turf replacement programs that:
(I) Are based on industry best practices and that may then serve as a model
for turf replacement programs that eligible entities administer;
(II) Are designed to require that:
(A) Removed turf be replaced with a minimum percentage of living plant
species;
(B) Low or medium water-use plant species or both are used instead of high
water-use plant species in replacing the turf;
(C) There is an emphasis on using native and pollinator-friendly plant
species; and
(D) There is an emphasis on creating and maintaining defensible space to
reduce wildfire risk.
(III) Offer rebates or in-kind or subsidized goods or services to property
owners in an amount that balances incentivizing property owners to voluntarily participate in the program while not discouraging eligible entities in the area from developing and administering a local program to serve the area.
(b) The board shall establish the responsibilities and the accountability of
the third-party contractor or contractors in managing the program pursuant to this subsection (5), which responsibilities and accountability must include:
(I) Ensuring all project work is being completed in an efficient manner and
within the project budget;
(II) Developing and submitting program invoices to the board; and
(III) Providing the board with progress reports about the program and a final
report regarding use of the money awarded for the program, including administrative costs.
(c) A residential property owner or CII property owner or manager may apply
to a third-party contractor, in a form and manner determined by the board and the third-party contractor, for money for turf replacement on the applicant's property as part of a turf replacement program established pursuant to this subsection (5). The application developed by the board and third-party contractor must inform an applicant that applicants receiving money under this subsection (5):
(I) May use the money to cover the cost of all design, materials, plantings,
and labor required to complete landscaping and irrigation system modifications to remove turf and replace it with water-wise landscaping;
(II) Are encouraged to update irrigation systems to efficiently irrigate water-wise landscaping as part of the applicants' participation in the program; and
(III) Shall not use the money to replace turf with any of the following:
(A) Impermeable concrete;
(B) Artificial turf;
(C) Water features such as fountains;
(D) Invasive plant species; or
(E) Turf.
(6) (a) (I) The turf replacement fund is hereby created in the state treasury to
be administered by the board for implementation of this section. The fund consists of money that the general assembly may appropriate or transfer to the fund, any federal money that the board receives for the program, and any gifts, grants, or donations that the board receives from private or public sources pursuant to subsection (6)(a)(II) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(II) The board may seek, accept, and expend gifts, grants, or donations from
private or public sources for the purposes of this section.
(b) Subject to annual appropriation by the general assembly, the board may
use the money in the fund for the purposes set forth in this section until the money is expended.
(c) Repealed.
(7) Nothing in this section shall be construed to add a requirement for a
water conservation plan that a covered entity files pursuant to section 37-60-126 (2).
Source: L. 2022: Entire section added, (HB 22-1151), ch. 435, p. 3061, � 1,
effective August 10.
Editor's note: Subsection (6)(c)(II) provided for the repeal of subsection (6)(c),
effective July 1, 2023. (See L. 2022, p. 3061.)
PART 2
WATER INFRASTRUCTURE REVENUE BONDS
37-60-201 to 37-60-210. (Repealed)
Editor's note: (1) This part 2 was added in 2003 and was not amended prior
to its repeal on November 4, 2003. For the text of this part 2 prior to November 4, 2003, consult the 2003 Colorado Revised Statutes.
(2) Section 37-60-210 provided for the repeal of this part 2, effective upon
the rejection by the registered electors of the state voting on the ballot question regarding issuance of water infrastructure revenue bonds submitted pursuant to � 37-60-203 (1)(a). (See L. 2003, p. 2410.) The vote count on the measure at the general election held November 4, 2003, was as follows:
FOR: 307,412
AGAINST: 627,716
Interstate Compacts
Editor's note: The numbering system within the compacts in articles 61 to 69
of this title 37, inclusive, are those of the original compacts and are not to be confused with the numbering system of C.R.S. 1973.
Cross references: For interbasin compacts, see article 75 of this title 37; for
other compacts not related to water, see article 60 of title 24.
ARTICLE 61
Colorado River Compact
Law reviews: For article, Interstate Water Allocation Compacts: When the
Virtue of Permanence Becomes the Vice of Inflexibility, see 74 U. Colo. L. Rev. 105 (2003); for article, The Colorado River Revisited, see 88 U. Colo. L. Rev. 475 (2017); for article, Force Majeure and the Law of the Colorado River: the Confluence of Climate Change, Contracts, and the Constitution, see 95 U. Colo. L. Rev. 709 (2024).
C.R.S. § 37-7-102
37-7-102. Injury to survey marks - penalty. The willful destruction, injury, or removal of any bench marks, witness marks, stakes, or other reference marks, placed by the surveyors or engineers of the district or by contractors in constructing the works of the district, is a misdemeanor, punishable by a fine of not more than one hundred dollars. The original field notes of surveys shall be the permanent property of the district.
Source: L. 22: p. 69, � 64. C.L. � 9578. CSA: C. 138, � 189. CRS 53: � 30-7-2.
C.R.S. 1963: � 29-7-2.
C.R.S. § 37-80-102
37-80-102. General duties of state engineer - supervision and utilization of employees - satellite and telemetry-based monitoring systems. (1) The state engineer is the executive officer in charge of supervising the work of all division engineers and may direct their supervision of their employees. The state engineer has executive responsibility and authority with respect to:
(a) Discharge of the obligations of the state of Colorado imposed by compact
or judicial order on the office of the state engineer;
(b) Securing and implementing legal opinions and assistance regarding the
work within his or her jurisdiction;
(c) Coordinating the work of the division of water resources with other
departments of the state government, including executive departments, the general assembly, educational institutions, and also related local government authorities and municipal and quasi-municipal corporations, subject to the provisions of subsection (6) of this section;
(d) The supervision of employees in the office of the division of water
resources, together with defining their duties so that all obligations of the division of water resources will be efficiently discharged;
(e) Construction contracts, professional and technical consultants, and other
contracts related to the operation of the division of water resources;
(f) The keeping and preparation of records and investigations as related to
carrying out the functions of the division of water resources, including water well licensing;
(g) Rule-making for the division of water resources;
(h) General supervisory control over measurement, record keeping, and
distribution of the public waters of the state;
(i) Collection and distribution of data on snowfall and prediction of probable
runoff therefrom;
(j) The making and implementing of contracts with public and private
agencies, individuals, corporations, and other entities as necessary for the operation of the division of water resources and performance of the duties of the state engineer's office;
(k) Such other acts as may be reasonably necessary to enable the state
engineer to secure the effective and efficient operation of the division of water resources, including power and authority to make and enforce rules as he or she may find necessary to effectuate the performance of his or her duties. The making of rules is not a prerequisite to control of personnel of the division of water resources or the performance of the state engineer's duties under the constitution or laws of Colorado or any compact, treaty, or judicial decree or decision that does not, by its specific terms, require implementation by rule.
(l) Receiving and expending grants and distributions of money, property, and
equipment from the Colorado water conservation board, another entity, or an individual for use in making investigations, contracting projects, or otherwise carrying out the purposes of this article 80. The grants and distributions from the Colorado water conservation board are continuously appropriated to the state engineer for the purposes set forth in this section.
(2) The state engineer has authority to delegate to any other person the
obligation to discharge one or more portions of the duties imposed upon him, but no such delegation shall relieve the state engineer of ultimate responsibility for proper and efficient conduct of his office or the duties devolving upon him. The state engineer may reassign or delegate duties and responsibilities as he may find necessary or desirable.
(3) In addition to statutory duties devolving upon division engineers and
others who are within the general supervision of the state engineer, their duties may be enlarged by the state engineer who shall collaborate with those having statutory duties so as to provide sufficient ancillary assistance to them so as to enable them to efficiently discharge their duties and obligations as state officers or employees. Insofar as reasonably possible, duties and lines of authority shall be established in written form and related to particular offices or employment.
(4) Employees within each general classification shall be deployed by the
state engineer to work in such locations and according to patterns of accomplishment to be established from time to time by the state engineer. The state engineer shall avoid unnecessary or unreasonable changes in location of the place of performance of duties of those under his authority, but, within limits of the exercise of reasonable judgment, he has full, final, and complete authority to require persons within the division of water resources, temporarily or on a basis of relative permanence, to perform their duties in those areas which the state engineer finds necessary or desirable for the most efficient or effective operation and discharge of the functions under his authority.
(5) To such extent as is reasonably necessary to keep employees of the
division of water resources abreast of developments and knowledge in the field of their duties, the state engineer has authority to make necessary arrangements for educational opportunities and experiences for the various employees in the division of water resources including himself, in order that all personnel of the division of water resources may be qualified to effectively meet their responsibilities.
(6) (a) The state engineer and those under his supervision shall be subject to
the direction of the executive director of the department of natural resources with respect to those matters concerning the division of water resources which require coordination with other branches of the department of natural resources.
(b) Repealed.
(7) Under the control and direction of the state engineer, and in cooperation
with the Colorado water conservation board, there shall be a water supply section, which has the duty to collect and study data and distribute such information on the water supplies, both surface and groundwater, of the state of Colorado in order to make a more efficient administration of the uses thereof. The state engineer shall employ such hydrologists and hydraulic engineers as are necessary to determine sources of water supply, forecast runoff, define characteristics and amounts of return flows, and determine diversion requirements, transmission losses, evaporation losses, historic usage, and general stream regimen.
(8) The state engineer shall use in all his calculations, measurements,
records, and reports the cubic foot per second as the unit of measurement of flowing water and the cubic foot or acre-foot as the unit of measurement of volume.
(9) Repealed.
(10) The state engineer is authorized to accept, operate, and house in
suitable locations automated data processing equipment and programs associated with satellite or telemetry-based monitoring systems dedicated to the state of Colorado for operation and use by the Colorado state engineer. The state engineer shall use new technology that becomes available if the technology:
(a) Can accomplish the same functions for which the state engineer uses
satellite or telemetry-based monitoring systems; and
(b) Is more cost-effective than satellite or telemetry-based monitoring
systems with respect to any costs borne by:
(I) The state engineer;
(II) Program donors; and
(III) Water users.
Source: L. 1889: p. 372, � 2. R.S. 08: � 3322. C.L. � 1804. CSA: C. 90, � 203.
CRS 53: � 147-11-3. C.R.S. 1963: � 148-11-3. L. 64: p. 178, � 156. L. 69: p. 1192, � 2. L. 77: (6)(b) repealed, p. 289, � 69, effective June 29. L. 83: (9) added, p. 1405, � 1, effective June 1. L. 84: (10) added, p. 960, � 1, effective April 2; (9) repealed, p. 969, � 13, effective April 30. L. 88: (10) amended, p. 1433, � 20, effective June 11. L. 2012, 1st Ex. Sess.: IP(1) amended and (1)(l) added, (SB 12S-002), ch. 1, p. 2420, � 18, effective May 19. L. 2017: (1)(b), (1)(j), (1)(k), (1)(l), and (10) amended, (SB 17-026), ch. 47, p. 140, � 2, effective August 9.
Cross references: For the state engineer as head of the division of water
resources, see �� 24-1-124 (3)(a) and 24-33-104 (1)(e); for fees collected by state engineer, see � 37-80-110; for compensation of state engineer, see � 37-80-113; for powers of the state engineer to enforce laws concerning groundwater, see � 37-90-110; for duty of state engineer to appoint water division engineers, see � 37-92-202.
C.R.S. § 37-90-104
37-90-104. Commission - organization - expenses. (1) There is created the ground water commission, which consists of twelve members, nine of whom are appointed by the governor and confirmed by the senate. The ground water commission is a type 1 entity, as defined in section 24-1-105.
(2) (a) All appointments to the commission are for terms of four years,
except those made to fill vacancies, which shall be for the remainder of the term vacated.
(b) Appointments by the governor shall be made as follows:
(I) Six members who are resident agriculturists of designated groundwater
basins, with no more than two resident agriculturists from the same groundwater basin to be members of the commission at the same time;
(II) One member who is a resident agriculturist and who is from water division
3; and
(III) Two residents of the state of Colorado who represent municipal or
industrial water users of the state, one of whom is from the area west of the continental divide.
(3) In addition to the appointed members, the commission includes:
(a) The executive director of the department of natural resources, who is a
voting member;
(b) The state engineer, who is a nonvoting member; and
(c) The director of the Colorado water conservation board, who is a nonvoting
member.
(4) (a) Six voting members constitutes a quorum at any regularly or specially
called meeting of the commission, and a majority vote of those present shall rule.
(b) The commission shall establish and maintain a schedule of at least four
general meetings each year. The chair, at the chair's discretion, or two voting members may call special meetings of the commission to dispose of accumulated business.
(5) Members of the commission shall be paid no compensation but shall be
paid actual necessary expenses incurred by them in the performance of their duties as members and a per diem of fifty dollars per day while performing official duties, not to exceed two thousand four hundred dollars in any year.
(6) (a) The commission shall biennially select a chair and vice-chair from
among the appointed members.
(b) The state engineer shall be ex officio the executive director of the
commission and shall carry out and enforce the decisions, orders, and policies of the commission.
(c) The commission may delegate to the executive director the authority to
perform any of the functions of the commission as set forth in this article 90 except the determination of a designated groundwater basin as set forth in section 37-90-106 and the creation of ground water management districts.
(d) If any person is dissatisfied with any action of the executive director
under the exercise of the powers delegated by the commission, the person may appeal said action to the commission, which shall hear the person's appeals as specified in sections 37-90-113 and 37-90-114.
(7) The provisions of section 24-6-402 (3)(a)(II) concerning imminent court
action, as applied to the ground water commission and to any member, employee, contractor, agent, servant, attorney, or consultant of the commission, shall not include any actions within the scope of sections 37-90-106 to 37-90-109 and section 37-90-111.
Source: L. 65: R&RE, p. 1248, � 1. C.R.S. 1963: � 148-18-3. L. 67: p. 52, � 1. L.
69: p. 1198, �� 1, 2. L. 71: pp. 1312, 1319, 1320, �� 3, 1-3. L. 83: (4) amended and (7) added, p. 1416, � 1, effective June 10. L. 98: (5) amended, p. 1074, � 1, effective June 1; (5) and (6) amended, p. 1212, � 3, effective August 5. L. 2001: (7) amended, p. 1279, � 51, effective June 5. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 84, � 113, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3410, � 169, effective August 10.
Editor's note: (1) Subsection (5) was amended in Senate Bill 98-15. Those
amendments were superseded by the amendment of subsection (5) in House Bill 98-1151.
(2) Amendments to this section by SB 22-013 and SB 22-162 were
harmonized.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Moderization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 37-90-108
37-90-108. Final permit - evidence of well construction and beneficial use - limitations - rules. (1) (a) After having received a conditional permit to appropriate designated groundwater, a permit holder, within two years after the date of the issuance of the permit, shall construct the well or other works necessary to apply the water to a beneficial use.
(b) The permit holder, upon completion of the well, shall furnish information
to the commission, in the form and within the time frame prescribed by the commission by rule, as to the depth of the well, the water-bearing formations intercepted by the well, and the maximum sustained pumping rate in gallons per minute.
(c) If the well described in the conditional permit is not constructed within
two years after the date of the issuance of the conditional permit as provided in this subsection (1), the conditional permit expires and has no force or effect. If evidence that the well has been constructed within two years after the date that the permit was issued has not been furnished to the commission within the time frame prescribed by the commission by rule, the conditional permit expires. The commission shall notify the permit holder and, if applicable, the contractor listed on the permit application that the permit is expired.
(d) The commission may reinstate an expired conditional permit if the
commission receives satisfactory evidence that the well was constructed within two years after the date that the conditional permit was issued, accompanied by a filing fee of thirty dollars. The commission shall consider records of the commission and evidence provided to the commission in determining whether the conditional permit should be reinstated.
(e) Subsection (1)(d) of this section does not apply to a permit that was
formally expired through an order issued prior to September 1, 2025, or due to lack of evidence that water was placed to beneficial use.
(2) (a) If the well or wells described in a conditional permit have been
constructed in compliance with subsection (1) of this section, the permit holder, within three years after the date of the issuance of the permit, shall furnish by sworn affidavit, in the form prescribed by the commission, evidence that water from the well or wells has been put to beneficial use; except that this subsection (2)(a) does not apply to a well described in a conditional permit to withdraw designated groundwater from a bedrock aquifer.
(b) The affidavit is prima facie evidence of the matters contained in the
affidavit but is subject to objection by others, including ground water management districts, claiming to be injured thereby and to such verification and inquiry as the commission considers appropriate in each particular case.
(c) If the required affidavit is not furnished to the commission within the time
and as provided in this subsection (2), the conditional permit expires and has no force or effect except as provided in subsection (4) of this section.
(d) If the well described in a conditional permit issued to withdraw
designated groundwater from a bedrock aquifer has been constructed in compliance with subsection (1) of this section, the permit holder shall file a notice with the commission of commencement of beneficial use on a form prescribed by the commission within thirty-five days after the first beneficial use of any water withdrawn from the well.
(3) (a) (I) To the extent that the commission finds that water has been put to
a beneficial use and that the other terms of the conditional permit have been complied with and after publication of the information required in the final permit, as provided in section 37-90-112, the commission shall order the state engineer to issue a final permit to use designated groundwater, containing the limitations and conditions the commission deems necessary to prevent waste and to protect the rights of other appropriators. In determining the extent of beneficial use for the purpose of issuing final permits, the commission may use the same criteria for determining the amount of water used on each acre that has been irrigated that is used in evaluating the amount of water available for appropriation under section 37-90-107. This subsection (3)(a)(I) does not apply to a well described in a conditional permit issued to withdraw designated groundwater from a bedrock aquifer.
(II) A final permit is not required to be issued for a well described in a
conditional permit to withdraw designated groundwater from a bedrock aquifer. For such a well, a conditional permit, subject to the conditions of issuance of the permit, is considered a final determination of a well's water right if the well is in compliance with all other applicable requirements of this article 90.
(b) In determining the extent of beneficial use prior to the issuance of a final
permit, the commission may either increase or decrease the quantity of water and the amount of irrigated acreage, if any, according to the evidence presented to the commission, but no increase shall be permitted which will increase the quantity of water beyond that authorized by the original decree, conditional permit, registration statement, or other well permit issued prior to basin designation or which otherwise will unreasonably affect the rights of other appropriators.
(c) Any owner of an existing valid conditional permit issued before July 1,
1978, may file with the commission an amended statement of beneficial use, in the form prescribed by the commission, on or before December 31, 1979, and not thereafter, if any such change occurred and was approved on or before August 5, 1977.
(4) The procedural requirement that a statement of beneficial use be filed
applies to all permits wherein the water has been put to beneficial use since May 17, 1965. If evidence that water has been placed to beneficial use has not been received as of three years after the date of issuance of the conditional permit, the commission shall notify the permit holder by certified mail. In the notice, the commission shall give the permit holder the opportunity to submit proof that the water was put to beneficial use prior to three years after the date of issuance of the conditional permit. If information pertaining to completion of the well as required in subsection (1) of this section has not been received, the commission shall, in the notice, give the permit holder the opportunity to submit proof of well completion along with the statement of beneficial use. The proof must be received by the commission within twenty-one days after receipt of the notice by the permit holder, and, if the conditional permit was issued on or after July 14, 1975, the statement of beneficial use must be accompanied by a filing fee of thirty dollars. If the commission finds the proof to be satisfactory, the conditional permit remains in force and effect and may be reinstated pursuant to subsection (1)(d) of this section. If a response to the notice is not received or the proof is unsatisfactory, the conditional permit expires and cannot be reinstated. The commission shall consider any records of the commission and any evidence provided to the commission and all other matters set forth in this section in determining whether the conditional permit should remain in force and effect.
(5) (a) All final permits must set forth the following information as a
minimum:
(I) The priority date;
(II) The name of the claimant;
(III) The quarter-quarter in which the well is located;
(IV) The maximum annual volume of the appropriation in acre-feet per year;
(V) The maximum pumping rate in gallons per minute; and
(VI) The maximum number of acres that have been irrigated, if used for
irrigation.
(b) Notwithstanding any rule of law to the contrary other than a change of
use case under section 37-90-111 (1)(g), once the state engineer issues a final permit for the withdrawal of designated groundwater pursuant to this section, a reduction in the amount of water used pursuant to the permit due to the conservation of water is not grounds to reduce:
(I) The maximum annual volume of the appropriation in acre-feet per year;
(II) The maximum pumping rate in gallons per minute; or
(III) The maximum number of acres that have been irrigated, if used for
irrigation.
(6) The procedural requirement that the well completion information
required by subsection (1)(b) of this section be furnished to the commission applies to all permits issued after May 17, 1965.
(7) Notwithstanding the amount specified for any fee in this section, the
commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 65: R&RE, p. 1251, � 1. C.R.S. 1963: � 148-18-7. L. 71: p. 1314, � 6. L.
75: (3) amended and (4) added, p. 1394, � 1, effective July 14. L. 79: (1) to (3) R&RE, p. 1371, � 2, effective June 7. L. 85: (1)(c), (3)(a), (3)(b), and (4) amended and (5) and (6) added, p. 1172, � 2, effective May 31. L. 86: (6) amended, p. 1221, � 34, effective May 30. L. 92: (4), (5)(c), and (6) amended, p. 2298, � 3, effective March 19. L. 94: (1)(c) and (2)(a) amended and (2)(d) added, p. 1746, � 1, effective July 1. L. 98: (7) added, p. 1344, � 72, effective June 1; (2)(a), (2)(d), (3)(a), (4), and (6) amended, p. 1218, � 7, effective August 5. L. 2013: (2)(a), (2)(d), and (3)(a) amended, (SB 13-072), ch. 30, p. 73, � 1, effective August 7; (5) amended, (SB 13-075), ch. 35, p. 101, � 1, effective August 7. L. 2025: (1), (2), (3)(a), (4), and (6) amended, (HB 25-1014), ch. 388, p. 2180, � 1, effective August 6.
Editor's note: (1) Section 2 of chapter 30, Session Laws of Colorado 2013,
provides that the act amending subsections (2)(a), (2)(d), and (3)(a) applies to permits issued for designated groundwater from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers before, on, or after August 7, 2013.
(2) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
C.R.S. § 37-90-137
37-90-137. Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules - definitions. (1) (a) On and after May 17, 1965, a new well shall not be constructed outside the boundaries of a designated groundwater basin, and the supply of water from existing wells outside the boundaries of a designated groundwater basin shall not be increased or extended unless the user makes an application in writing to the state engineer for a permit to construct a well, in a form prescribed by the state engineer.
(b) The applicant shall specify in the application described in subsection
(1)(a) of this section:
(I) The particular aquifer from which the water is to be diverted;
(II) The proposed beneficial use for the water;
(III) The location of the proposed well;
(IV) The name of the owner of the land on which the proposed well will be
located;
(V) The average annual amount of water applied for in acre-feet per year;
(VI) The proposed maximum pumping rate in gallons per minute; and
(VII) If the proposed use is agricultural irrigation, a description of the land to
be irrigated, the name of the owner of the land, and any other reasonable information that the state engineer designates on the form prescribed.
(c) Notwithstanding any provision of this subsection (1) to the contrary, the
requirements of this subsection (1) do not apply to wells constructed pursuant to an operations permit issued by the energy and carbon management commission pursuant to section 37-90.5-106 (1)(b).
(2) (a) (I) Repealed.
(II) Effective July 1, 2006, upon receipt of an application for a replacement
well or a new, increased, or additional supply of groundwater from an area outside the boundaries of a designated groundwater basin, accompanied by a filing fee of one hundred dollars, the state engineer shall make a determination as to whether or not the exercise of the requested permit will materially injure the vested water rights or prior geothermal operations of others.
(b) (I) The state engineer shall issue a permit to construct a well only if:
(A) The state engineer finds, as substantiated by hydrological and geological
facts, that there is unappropriated water available for withdrawal by the proposed well and that the vested water rights or prior geothermal operations of others will not be materially injured; and
(B) Except as specified in subsection (2)(b)(II) of this section, the location of
the proposed well will be more than six hundred feet from an existing well completed in the same aquifer and more than one-fourth of a mile from a prior geothermal operation utilizing water from the same aquifer.
(II) If the state engineer, after a hearing, finds that circumstances in a
particular instance so warrant, or if a court decree is entered for the proposed well location after notice has been given in accordance with subsection (2)(b)(II)(B) of this section, the state engineer may issue a permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section; except that a hearing is not required and the state engineer may issue a well permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section:
(A) If the state engineer notifies the owners of all wells within six hundred
feet of the proposed well by certified mail and receives no response within the time set forth in the notice, and if the proposed well is located within one-fourth of a mile of a prior geothermal operation, and the state engineer notifies the prior geothermal operation's designated individuals and the energy and carbon management commission by electronic mail and receives no response within the time set forth in the notice;
(B) If the proposed well is part of a water court proceeding adjudicating the
water right for the well, or if the proposed well is part of an adjudication of a plan for augmentation or change of water right and if evidence is provided to the water court that the applicant has given notice of the water court application, at least fourteen days before making the application, by registered or certified mail, return receipt requested, to the owners of record of all wells within six hundred feet of the proposed well and to all designated individuals of prior geothermal operations within one-fourth of a mile of the proposed well;
(C) If the proposed well will serve an individual residential site and the
proposed pumping rate will not exceed fifteen gallons per minute; except that, if there is an oil and gas well within six hundred feet of the surface location of the proposed well, the state engineer shall notify the owner of such well by certified mail of the proposed well and may issue the well permit subject to the limitations specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b);
(D) If the proposed well is an oil and gas well and the only wells within six
hundred feet of the surface location of the proposed well are oil and gas wells; or
(E) If the proposed well is an oil and gas well, there is an existing production
water well that is not an oil and gas well within six hundred feet of the surface location of the proposed oil and gas well, the state engineer has provided written notice of the application by certified mail to the owners of such wells that are not oil and gas wells within thirty-five days after receipt of a complete application for the proposed well, and the state engineer has given those to whom notice was provided thirty-five days after the date of mailing of such notice to file comments on the proposed well's application.
(c) The permit shall set forth the conditions for drilling, casing, and
equipping wells and other diversion facilities as are reasonably necessary to prevent waste, pollution, or material injury to existing rights or prior geothermal operations.
(d) (I) The state engineer shall endorse upon the application the date of its
receipt, file and preserve such application, and make a record of such receipt and the issuance of the permit in his office so indexed as to be useful in determining the extent of the uses made from various groundwater sources.
(II) The state engineer shall act upon an application filed under this section
within forty-five days after its receipt.
(e) As used in this subsection (2), unless the context otherwise requires:
(I) Material injury to a prior geothermal operation has the meaning set forth
in section 37-90.5-106 (1)(c).
(II) Prior geothermal operation has the meaning set forth in section 37-90.5-103 (14.5).
(3) (a) (I) A permit to construct a well outside the boundaries of a designated
groundwater basin issued on or after April 21, 1967, expires two years after issuance unless the well is constructed before the expiration of the permit.
(II) If the requirements of section 37-92-301 are met, the expiration of any
permit pursuant to this paragraph (a) associated with a conditional groundwater right shall not be the sole basis to determine the existence of reasonable diligence toward completion of such conditional water right.
(III) The state engineer may require the metering or other reasonable
measurement of withdrawals of groundwater pursuant to permits and the reasonable recording and disclosure of such measured withdrawals.
(b) Any permit to construct a well issued by the state engineer prior to April
21, 1967, shall expire on July 1, 1973, unless the applicant furnishes to the state engineer, prior to July 1, 1973, evidence that the water from such well has been put to beneficial use prior to that date. The state engineer shall give notice by certified or registered mail to all persons to whom such permits were issued at the address shown on the state engineer's records, setting forth the provisions of this subsection (3). Such notices shall be mailed not later than December 31, 1971.
(c) If evidence that the well has been constructed within two years after the
date that the permit was issued has not been furnished to the state engineer within the time frame prescribed by rules adopted pursuant to section 37-91-104, the well permit expires. The state engineer shall notify the permit holder and, if applicable, the contractor listed on the permit application that the well permit is expired.
(d) In the case of federally authorized water projects wherein well permits
are required by this section and have been secured, the expiration dates of the projects may be extended for additional periods, not to exceed one year per extension, based upon a finding of good cause by the state engineer following a review of any such project at least annually by the state engineer. The state engineer may extend the expiration of a permit if the person to whom the permit was issued, on forms as may be prescribed by the state engineer, furnishes to the state engineer a showing of good cause as to why the well has not been constructed and an estimate of time necessary to complete construction.
(e) The state engineer may reinstate an expired well permit if the state
engineer receives satisfactory evidence that the well was constructed within two years after the date that the permit was issued, accompanied by a filing fee of thirty dollars. The state engineer shall consider records of the state engineer and evidence provided to the state engineer in determining whether the permit should be reinstated.
(f) Subsection (3)(e) of this section does not apply to a well permit that
formally expired through an order issued prior to September 1, 2025.
(4) (a) In the issuance of a permit to construct a well outside a designated
groundwater basin and not meeting the exemptions set forth in section 37-92-602 to withdraw nontributary groundwater or any groundwater in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, the provisions of subsections (1) and (2) of this section shall apply.
(b) (I) Permits issued pursuant to this subsection (4) shall allow withdrawals
on the basis of an aquifer life of one hundred years.
(II) Subject to the provisions of subsections (1) and (2) of this section, the
amount of such groundwater available for withdrawal shall be that quantity of water, exclusive of artificial recharge, underlying the land owned by the applicant or underlying land owned by another:
(A) Who has consented in writing to the applicant's withdrawal; or
(B) Whose consent exists by virtue of a lawful municipal ordinance or a
quasi-municipal district resolution in effect prior to January 1, 1985, and which consent was the subject of a water court application for determination of nontributary groundwater rights filed by the affected municipality or quasi-municipal district prior to January 1, 1985; or
(C) Who shall be deemed to have consented to the withdrawal of
groundwater pursuant to the provisions of subsection (8) of this section.
(b.5) (I) An applicant claiming to own the overlying land or to have the
consent of the owner of the overlying land as contemplated in sub-subparagraph (A) of subparagraph (II) of paragraph (b) of this subsection (4) shall furnish to the state engineer, in addition to evidence of such consent, evidence that the applicant has given notice of the application by registered or certified mail, return receipt requested, no less than ten days prior to the making of the application, to every record owner of the overlying land and to every person who has a lien or mortgage upon, or deed of trust to, the overlying land recorded in the county in which the overlying land is located.
(II) For purposes of this paragraph (b.5), person means any individual,
partnership, association, or corporation authorized to do business in the state of Colorado, or any political subdivision or public agency thereof, or any agency of the United States.
(III) The provisions of subparagraph (I) of this paragraph (b.5) do not apply to
applicants whose right to withdraw the groundwater has been determined by a valid decree nor to political subdivisions of the state of Colorado, special districts, municipalities, or quasi-municipal districts that have obtained consent to withdraw the groundwater by deed, assignment, or other written evidence of consent where, at the time of application, the overlying land is within the water service area of such entity.
(c) Material injury to vested nontributary groundwater rights shall not be
deemed to result from the reduction of either hydrostatic pressure or water level in the aquifer.
(d) The annual amount of withdrawal allowed in any well permits issued
under this subsection (4) shall be the same as the amount determined by court decree, if any, and may, if so provided by any such decree, provide for the subsequent adjustment of such amount to conform to the actual aquifer characteristics encountered upon drilling of the well or test holes.
(5) Any right to the use of groundwater entitling its owner or user to
construct a well, which right was initiated prior to July 6, 1973, as evidenced by an unexpired well permit issued prior to July 6, 1973, or a current decree, shall not be subject to the provisions of subsection (4) of this section.
(6) Rights to nontributary groundwater outside of designated groundwater
basins may be determined in accordance with the procedures of sections 37-92-302 to 37-92-305. Such proceedings may be commenced at any time and may include a determination of the right to such water for existing and future uses. Such determination shall be in accordance with subsections (4) and (5) of this section. Claims pending as of October 11, 1983, which have been published pursuant to section 37-92-302 in the resume need not be republished.
(7) In the case of dewatering of geologic formations by withdrawing
nontributary groundwater to facilitate or permit mining of minerals:
(a) (I) Except for coal bed methane wells, a well permit is not required unless
the nontributary groundwater being removed will be beneficially used.
(II) Except for coal bed methane wells, a well permit is not required if the
nontributary groundwater being removed to facilitate or permit the mining of minerals will be used only by operators within the geologic basin where the groundwater is removed to facilitate or permit the mining of minerals, including:
(A) Injection into a properly permitted disposal well;
(B) Evaporation or percolation in a properly permitted pit;
(C) Disposal at a properly permitted commercial facility;
(D) Roadspreading or reuse for enhanced recovery, drilling, well stimulation,
well maintenance, pressure control, pump operations, dust control on-site or off-site, pipeline and equipment testing, equipment washing, or fire suppression;
(E) Discharge into state waters in accordance with the Colorado Water
Quality Control Act, article 8 of title 25, and the rules promulgated under that act;
(F) Evaporation at a properly permitted centralized exploration and
production waste management facility; or
(G) Generating energy or otherwise using heat from groundwater for the
mining of minerals.
(b) In the issuance of any well permit pursuant to this subsection (7),
subsection (4) of this section does not apply and subsections (1), (2), and (3) of this section apply; except that, in considering whether the permit shall issue, the requirement that the state engineer find that there is unappropriated water available for withdrawal and the six-hundred-foot spacing requirement in subsection (2) of this section do not apply. The state engineer shall allow the rate of withdrawal stated by the applicant to be necessary to dewater the mine; except that, if the state engineer finds that the proposed dewatering will cause material injury to the vested water rights of others, the applicant may propose, and the permit shall contain, terms and conditions that will prevent such injury. The reduction of hydrostatic pressure level or water level alone does not constitute material injury. Permitting determinations pursuant to this subsection (7) neither confer a water right nor preclude determination of a water right by the water court.
(c) The state engineer may, pursuant to the State Administrative Procedure
Act, article 4 of title 24, C.R.S., adopt rules to assist with the administration of this subsection (7). The rule-making authority includes the promulgation of rules pursuant to which groundwater within formations and basins, in whole or part, is determined to be nontributary for the purposes of this subsection (7). The rules may also provide rule-making and adjudicatory procedures for nontributary determinations to be made after the initial rule-making pursuant to this subsection (7). In all rule-making proceedings authorized by this subsection (7), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules promulgated pursuant to this subsection (7), including all nontributary determinations made pursuant to this subsection (7), is in accordance with the State Administrative Procedure Act; except that venue for such review lies exclusively with the water judge or judges for the water division or divisions within which the groundwater that is the subject of such rules or determinations is located. In any judicial action seeking to curtail the withdrawal, use, or disposal of groundwater pursuant to this subsection (7) or to otherwise declare such activities unlawful, the court shall presume, subject to rebuttal, that any applicable nontributary determination made by the state engineer is valid. Any rules promulgated pursuant to this subsection (7) must not conflict with existing laws and do not affect the validity of groundwater well permits existing prior to the adoption of such rules.
(7.5) (a) Except as required by subsection (7.5)(b) of this section, a permit
from the state engineer is not required in the case of withdrawing nontributary groundwater from a geologic formation if the withdrawal is permitted as a deep geothermal operation, as defined in section 37-90.5-103 (3), and the withdrawn nontributary groundwater will be used only for operations to extract or utilize heat, including:
(I) Generating electricity;
(II) Heating and cooling buildings;
(III) Heating swimming pools, public bathhouses, or developed hot springs
facilities;
(IV) Heating aquaculture;
(V) Melting snow or ice;
(VI) Heating to facilitate carbon dioxide capture or hydrogen production;
(VII) Deep geothermal exploration, resource confirmation, or reservoir
enhancement; and
(VIII) Heating and drying for other industrial processes.
(b) A well permit is required if the operator will use the nontributary
groundwater for additional beneficial uses unrelated to the extraction or utilization of heat.
(8) It is recognized that economic considerations generally make it
impractical for individual landowners to drill wells into the aquifers named in this subsection (8) for individual water supplies where municipal or quasi-municipal water service is available and that the public interest justifies the use of such groundwater by municipal or quasi-municipal water suppliers under certain conditions. Therefore, wherever any existing municipal or quasi-municipal water supplier is obligated either by law or by contract in effect prior to January 1, 1985, to be the principal provider of public water service to landowners within a certain municipal or quasi-municipal boundary in existence on January 1, 1985, said water supplier may adopt an ordinance or resolution, after ten days' notice pursuant to the provisions of part 1 of article 70 of title 24, C.R.S., which incorporates groundwater from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers underlying all or any specified portion of such municipality's or quasi-municipality's boundary into its actual municipal service plan. Upon adoption of such ordinance or resolution, a detailed map of the land area as to which consent is deemed to have been given shall be filed with the state engineer. Upon the effective date of such ordinance or resolution, the owners of land which overlies such groundwater shall be deemed to have consented to the withdrawal by that water supplier of all such groundwater; except that no such consent shall be deemed to be given with respect to any portion of the land if:
(a) Water service to such portion of the land is not reasonably available from
said water supplier and no plan has been established by that supplier allowing the landowner to obtain an alternative water supply;
(b) Such ordinance or resolution is adopted prior to September 1, 1985, and,
prior to January 1, 1985, such groundwater was conveyed or reserved or consent to use such groundwater was given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent has been properly recorded prior to August 31, 1985;
(c) Such ordinance or resolution is adopted on or after September 1, 1985,
and said groundwater has been conveyed or reserved or consent to use such groundwater has been given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent is properly recorded before the effective date of that ordinance or resolution;
(d) Consent to use such groundwater has been given to anyone other than
such water supplier by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985;
(e) Such groundwater has been decreed or permitted to anyone other than
such water supplier prior to the effective date of such ordinance or resolution; or
(f) Such portion of the land is not being served by said water supplier as of
the effective date of such ordinance or resolution and such groundwater is the subject of an application for determination of a right to use groundwater filed in the water court prior to July 1, 1985.
(9) (a) For the purpose of making the state engineer's consideration of well
permit applications for the withdrawal of groundwater from wells described in subsection (4) of this section more certain and expeditious, the state engineer may, to the extent provided in this subsection (9) and pursuant to the State Administrative Procedure Act, adopt rules and regulations to prescribe reasonable criteria and procedures for the application for, and the evaluation, issuance, extension, and administration of, such well permits. Such rules and regulations shall only be promulgated after the state engineer has conducted a hydrogeologic analysis, the results of which factually support the promulgation and the content of such rules and regulations for any particular aquifer or portion thereof. All such rules and regulations shall allow the withdrawal pursuant to such permits of the full amount of groundwater determined under subsection (4) of this section and shall afford the applicant the opportunity to rebut any presumptive aquifer characteristics. Presumptive aquifer characteristics established by those rules and regulations shall also apply to the determination of rights to groundwater from wells described in subsection (4) of this section by the water judges, subject to rebuttal by any party. In all rule-making proceedings authorized by this subsection (9), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules and regulations promulgated pursuant to this subsection (9) shall be in accordance with the State Administrative Procedure Act; except that venue for such review shall lie exclusively with the water judge or judges for the water division or divisions within which the subject groundwater is located.
(b) On or before December 31, 1985, the state engineer shall promulgate
reasonable rules and regulations applying exclusively to the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers to the extent necessary to assure that the withdrawal of groundwater from wells described in subsection (4) of this section will not materially affect vested water rights to the flow of any natural stream. In no event shall the rules and regulations promulgated under this paragraph (b) require that persons who withdraw nontributary groundwater, as defined in section 37-90-103 (10.5), relinquish the right to consume, by means of original use, reuse, and successive use, more than two percent of the amount of such groundwater which is withdrawn without regard to dominion or control of the groundwater so relinquished, nor shall they require that judicial approval of plans for augmentation providing for such relinquishment be obtained.
(c) Repealed.
(c.5) (I) (A) As to wells that will be completed in the Dawson, Denver,
Arapahoe, and Laramie-Fox Hills aquifers and will withdraw groundwater that is not nontributary groundwater, judicial approval of plans for augmentation is required prior to the use of the groundwater.
(B) As to such wells completed in the Dawson aquifer, decrees approving
plans for augmentation must provide for the replacement of actual out-of-priority depletions to the stream caused by withdrawals from the wells and must meet all other statutory criteria for the plans.
(C) As to such wells completed in the Denver, Arapahoe, or Laramie-Fox Hills
aquifers more than one mile from any point of contact between any natural stream including its alluvium on which water rights would be injuriously affected by any stream depletion, and any such aquifer, the decrees must provide for the replacement to the affected stream system or systems of a total amount of water equal to four percent of the amount of water withdrawn on an annual basis. As to such wells completed in such aquifers at points closer than one mile to any such contact, the amount of the replacement is determined using the assumption that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer. The decrees may also require the continuation of replacement after withdrawal ceases if necessary to compensate for injurious stream depletions caused by prior withdrawals from the wells and must meet all other statutory criteria for such plans.
(II) (Deleted by amendment, L. 2015.)
(d) On or before July 1, 1995, the state engineer shall promulgate reasonable
rules that apply to the permitting and use of water artificially recharged into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. On or before July 1, 2018, the state engineer shall promulgate rules that apply to the permitting and use of water artificially recharged into a nontributary groundwater aquifer. The rules promulgated pursuant to this subsection (9)(d) must effectuate the maximum utilization of aquifers through the conjunctive use of surface and groundwater resources.
(10) Owners of such permits issued pursuant to subsection (4) of this section
shall be entitled to the issuance of permits for additional wells to be constructed on the land referred to in subsection (4) of this section. The standards of subsection (4) of this section shall be applied as if the applications for those additional well permits were filed on the same dates that the original applications were filed.
(11) (a) (I) A person shall not, in connection with the extraction of sand and
gravel by open mining as defined in section 34-32.5-103 (15), expose groundwater to the atmosphere unless the person has obtained a well permit from the state engineer pursuant to this section. The state engineer shall issue a well permit upon approval by the water court of a plan for augmentation or upon approval by the state engineer of a plan of substitute supply; except that no increased replacement of water shall be required by the water court or the state engineer whenever the operator or owner of land being mined has, prior to January 15, 1989, entered into and continually thereafter complied with a written agreement with a water conservancy district or water users' association to replace or augment the depletions in connection with or resulting from open mining of sand and gravel. The well permit and plan of substitute supply may authorize uses of water incidental to open mining for sand and gravel, including processing and washing mined materials; dust suppression; mined land reclamation including temporary irrigation for revegetation; liner or slurry wall construction; production of concrete and other aggregate-based construction materials; dewatering; and mitigation of impacts from mining and dewatering.
(II) Any person who extracted sand and gravel by open mining and exposed
groundwater to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall apply for approval of a plan for augmentation or a plan of substitute supply prior to July 15, 1990.
(b) If any groundwater was exposed to the atmosphere in connection with
the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., prior to January 1, 1981, no such well permit, plan for augmentation, or plan of substitute supply shall be required to replace depletions from evaporation; except that the burden of proving that such groundwater was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception. Notwithstanding the provisions of this paragraph (b), judgments and decrees entered prior to July 1, 1989, approving plans for augmentation, which plans include the replacement of depletions from such evaporation, shall be given full effect and shall be enforced according to their terms.
(c) Any person who has reactivated or reactivates open mining operations
which exposed groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a plan for augmentation or a plan of substitute supply pursuant to paragraph (a) of this subsection (11).
(d) No person who obtains or operates a plan for augmentation or plan of
substitute supply prior to July 1, 1989, shall be required to make replacement for the depletions from evaporation exempted in this subsection (11) or otherwise replace water for increased calls which may result therefrom.
(e) In addition to the well permit filing fee required by subsection (2) of this
section, the state engineer shall collect the following fees for exposing groundwater to the atmosphere for the extraction of sand and gravel by open mining:
(I) For persons who exposed groundwater to the atmosphere on or after
January 1, 1981, but prior to July 15, 1989, one thousand five hundred ninety-three dollars; except that, if such plan is filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (11), the filing fee shall be seventy dollars if such plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed groundwater surface area;
(II) For persons who expose groundwater to the atmosphere on or after July
15, 1989, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. In the case of new mining operations, such fee shall cover two years of operation of the plan.
(III) For persons who reactivated or who reactivate mining operations that
ceased activity prior to January 1, 1981, and enlarge the surface area of any gravel pit lake beyond the area it covered before the cessation of activity, one thousand five hundred ninety-three dollars;
(IV) For persons who request renewal of an approved substitute water
supply plan prior to the expiration date of the plan, two hundred fifty-seven dollars regardless of the number of acres exposed;
(V) For persons whose approved substitute water supply plan has expired
and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. An approved plan shall be considered expired if the applicant has not applied for renewal before the expiration date of the plan. The state engineer shall notify the applicant in writing if the plan is considered expired.
(VI) For persons whose proposed substitute water supply plan was
disapproved and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. The state engineer shall notify the applicant in writing of disapproval of a plan.
(f) Excluding the well permit filing fee required by subsection (2) of this
section, the state treasurer shall credit all fees collected with an application for approval of a plan for augmentation or a plan of substitute supply to the water resources cash fund created in section 37-80-111.7 (1).
(g) A person who has obtained a reclamation permit pursuant to section 34-32-112, C.R.S., shall be allowed to apply for a single well permit and to submit a
single plan for augmentation or a single plan of substitute supply for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes placed within such acreage.
(12) (a) In considering any well permit application in water division 3 that
involves a new withdrawal of groundwater that will affect the rate or direction of movement of water in the confined aquifer, the state engineer shall recognize that unappropriated water is not made available and injury is not prevented as a result of the reduction of water consumption by nonirrigated native vegetation.
(b) (I) Repealed.
(II) Subparagraph (I) of this paragraph (b) was repealed, effective July 1,
2004; except that nothing in this subsection (12) shall affect the validity of the rules adopted by the state engineer for groundwater withdrawals in water division 3, or affect the applicability of such rules to well permits that have been or will be issued, and judicial decrees that have been or will be entered, for the withdrawal of groundwater in water division 3.
(13) Notwithstanding the amount specified for any fee in this section, the
commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(14) The state engineer may issue permits for augmentation wells only in
accordance with plans for augmentation approved by the water judge for water division 1 and substitute water supply plans approved pursuant to section 37-92-308 that include such wells.
(15) A person withdrawing water from a well pursuant to subsection (1) or (4)
of this section may use graywater through the use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit, and the provisions of any decreed plan for augmentation, apply to the use of graywater.
Source: L. 65: R&RE, p. 1265, � 1. C.R.S. 1963: � 148-18-36. L. 67: p. 277, � 10.
L. 71: pp. 1317, 1324, 1325, �� 16, 3, 5. L. 73: p. 1520, � 1. L. 77: (3)(c) and (3)(d) added, p. 1700, � 1, effective July 1. L. 79: (3)(a) amended, p. 1377, � 1, effective May 18. L. 83: (5) added, p. 1418, � 1, effective May 23; (6) added, p. 2080, � 2, effective October 11. L. 85: (1), (3)(a), and (4) amended and (7) to (10) added, p. 1161, � 3, effective July 1; (8) amended, p. 1372, � 55, effective July 1. L. 87: (2) and (3)(a) amended, p. 1302, � 6, effective July 2. L. 89: (11) added, p. 1422, � 2, effective July 15. L. 92: (2) and (3)(c) amended, p. 2299, � 5, effective March 19; (4) amended, p. 2310, � 1, effective March 20. L. 93: (4)(b.5) amended, p. 85, � 1, effective March 30; (11)(e) and (11)(f) amended, p. 1833, � 3, effective June 6. L. 94: (9)(d) added, p. 617, � 1, effective April 13; (3)(a)(I) amended, p. 1208, � 1, effective May 19. L. 95: (2) amended, p. 139, � 2, effective April 7. L. 96: (2)(b)(I), (2)(b)(II), (4)(a), and IP(8) amended, pp. 327, 325, �� 4, 1, effective April 16; (9)(c) amended and (9)(c.5) added, p. 1361, � 2, effective June 1. L. 98: (12) added, p. 853, � 2, effective May 26; (9)(c)(II) and (9)(c.5)(II) amended, p. 1072, � 1, effective June 1; (13) added, p. 1344, � 74, effective June 1. L. 99: (9)(c)(II) and (9)(c.5)(II) amended, p. 670, � 1, effective May 18. L. 2001: (12)(b) amended, p. 158, � 2, effective March 28; (9)(c)(II) and (9)(c.5)(II) amended, p. 727, � 2, effective July 1. L. 2003: (2)(a) and (3)(a)(I)(A) amended and (3)(a)(I)(A.3) and (3)(a)(I)(A.5) added, p. 46, � 6, effective (see editor's note); (14) added, p. 1454, � 4, effective April 30; (9)(c), (9)(c.5), and (12)(b) amended, pp. 1595, 1596, �� 1, 3, effective May 2; (2)(a)(I)(A) and (2)(a)(II) amended, p. 1684, � 17, effective May 14. L. 2004: (3)(a) R&RE and (3)(c) amended, pp. 1128, 1129, �� 1, 2, effective May 27. L. 2006: (11)(e) amended, p. 1271, � 2, effective July 1. L. 2009: (2)(b) and IP(7) amended and (7)(c) added, (HB 09-1303), ch. 390, pp. 2108, 2109, �� 2, 3, effective June 2. L. 2010: IP(7), (7)(a), and (7)(b) amended, (SB 10-165), ch. 31, p. 112, � 1, effective March 22. L. 2011: IP(7) and (7)(c) amended, (HB 11-1286), ch. 135, p. 473, � 1, effective May 4. L. 2012: (9)(c)(II) and (9)(c.5)(II) amended, (SB 12-008), ch. 7, p. 21, � 1, effective March 8; (2)(b)(II)(B), (2)(b)(II)(E), and (3)(c) amended, (SB 12-175), ch. 208, p. 884, � 156, effective July 1; (11)(f) amended, (SB 12-009), ch. 197, p. 791, � 4, effective July 1. L. 2013: (15) added, (HB 13-1044), ch. 228, p. 1090, � 8, effective May 15. L. 2015: (9)(c) repealed and (9)(c.5) amended, (SB 15-010), ch. 5, p. 11, � 1, effective March 13. L. 2017: (9)(d) amended, (HB 17-1076), ch. 89, p. 272, � 1, effective August 9. L. 2018: (11)(a)(I) amended, (SB 18-041), ch. 9, p. 157, � 2, effective August 8. L. 2023: (1) and (7)(a) amended, (SB 23-285), ch. 235, p. 1232, � 4, effective July 1. L. 2025: (2)(a)(II), (2)(b)(I), IP(2)(b)(II), (2)(b)(II)(A), (2)(b)(II)(B), and (2)(c) amended and (2)(e) and (7.5) added, (HB 25-1165), ch. 257, p. 1302, � 10, effective August 6; (3)(a)(I), (3)(c), and (3)(d) amended and (3)(e) and (3)(f) added, (HB 25-1014), ch. 388, p. 2183, � 2, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (12)(b)(II) provided for the repeal of subsection (12)(b)(I),
effective July 1, 2004. (See L. 2003, p. 1596.)
(3) Subsection (2)(a)(I)(B) provided for the repeal of subsection (2)(a)(I),
effective July 1, 2006. (See L. 2003, p. 46.)
(4) Section 2 of chapter 135, Session Laws of Colorado 2011, provides that
the act amending the introductory portion to subsection (7) and subsection (7)(c) applies to nontributary determinations made and rules promulgated before, on, or after May 4, 2011.
(5) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: (1) For the State Administrative Procedure Act, see
article 4 of title 24; for the definition of designated groundwater, see � 37-90-103 (6); for small capacity wells, see � 37-90-105; for definitions of underground water, see �� 37-90-103 (19) and 37-92-103 (11); for exemptions from and presumptions formed in the application of article 92 of this title 37, see � 37-92-602.
(2) For the legislative declaration contained in the 2003 act amending
subsections (2)(a) and (3)(a)(I)(A) and enacting subsections (3)(a)(I)(A.3) and (3)(a)(I)(A.5), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (15), see section 1 of chapter 228, Session Laws of Colorado 2013. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-90-138
37-90-138. Waste - violations - permits. (1) The state engineer in cooperation with the commission has power to regulate the drilling and construction of all wells in the state of Colorado to the extent necessary to prevent the waste of water and the injury to or destruction of other water resources and shall require well drillers and private drillers to file a log of each well drilled whether or not exempt by virtue of section 37-90-105. The state engineer shall adopt such rules and regulations as are necessary to accomplish the purposes of this section.
(2) If the state engineer finds any well to have been drilled or maintained in a
manner or condition or to be withdrawing groundwater contrary to this article or the rules issued under this article, the state engineer shall immediately notify the user in writing of the violation and give the user time as may reasonably be necessary, not to exceed sixty days, to correct deficiencies. If the user fails or refuses to correct the deficiencies within the allowed time, the state engineer is authorized to enter upon the user's land and do whatever is necessary in order that the user comply with this article or rules issued under this article. Prior to August 1, 2010, this subsection (2) does not apply to oil and gas wells. For an oil and gas well in existence on March 22, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before April 30, 2010. For an oil and gas well to be constructed between March 22, 2010, and August 1, 2010, for which a well permit is required by this section, a well permit application shall be submitted to the state engineer on or before June 15, 2010. All oil and gas wells to be constructed after August 1, 2010, for which a well permit is required by this section shall have a well permit prior to producing groundwater.
(3) No well construction contractor, pump installer, private pump installer, or
private driller shall construct a new well or otherwise do work on any well requiring authority from the state engineer or commission until a permit with respect thereto has been secured for such work.
Source: L. 65: R&RE, p. 1266, � 1. C.R.S. 1963: � 148-18-37. L. 67: p. 697, � 14.
L. 92: (3) amended, p. 2300, � 6, effective March 19. L. 2009: (2) amended, (HB 09-1303), ch. 390, p. 2110, � 4, effective June 2. L. 2010: (2) amended, (SB 10-165), ch. 31, p. 113, � 2, effective March 22.
C.R.S. § 37-90-143
37-90-143. Owners of well permits - update for name and contact information. (1) Effective July 1, 1994, any owner of an unexpired well permit issued pursuant to this article or article 92 of this title who changes a name or mailing address from that on file with the office of the state engineer shall file an update to the name or mailing address with the state engineer by January 1, 1995, on a form prescribed by the state engineer.
(2) Effective January 1, 1995, any owner of an unexpired well permit issued
pursuant to this article 90 or article 92 of this title 37 who changes a name or contact information from that on file with the state engineer shall file an update with the state engineer within sixty-three days after the date of the change, on a form prescribed by the state engineer.
Source: L. 94: Entire section added, p. 1748, � 5, effective July 1. L. 2012: (2)
amended, (SB 12-175), ch. 208, p. 886, � 158, effective July 1. L. 2023: (2) amended, (HB 23-1125), ch. 47, p. 174, � 1, effective August 7.
ARTICLE 90.5
Geothermal Resources
Editor's note: Prior to 1983, the Colorado Geothermal Resources Act was
contained in article 70 of title 34.
Law reviews: For article, Getting Into Hot Water: The Law of Geothermal
Resources in Colorado, see 39 Colo. Law. 65 (Sept. 2010).
37-90.5-101. Short title. This article shall be known and may be cited as the
Colorado Geothermal Resources Act.
Source: L. 83: Entire article added, p. 1419, � 1, effective June 10.
37-90.5-102. Legislative declaration. (1) The general assembly hereby
declares that:
(a) The development of geothermal resources is in the public interest
because it enhances local economies and provides an alternative to conventional fuel sources; and
(b) The development of geothermal resources should be undertaken in such
a manner as to safeguard life, health, property, public welfare, historic geothermal hot springs, and the environment, including wildlife resources; encourage the maximum economic recovery of each resource and prevent its waste; and protect associated correlative rights.
(c) Repealed.
Source: L. 83: Entire article added, p. 1419, � 1, effective June 10. L. 2023:
(1)(a) and (1)(b) amended and (1)(c) repealed, (SB 23-285), ch. 235, p. 1234, � 5, effective July 1. L. 2025: (1)(b) amended, (HB 25-1165), ch. 257, p. 1304, � 11, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-103. Definitions. As used in this article 90.5, unless the context
otherwise requires:
(1) (a) Allocated geothermal resource means any geothermal resource that
is associated with nontributary groundwater.
(b) Allocated geothermal resource does not include groundwater in the
Denver basin aquifers or nontributary groundwater aquifers entirely located shallower than two thousand five hundred feet.
(2) Commission means the energy and carbon management commission
created in section 34-60-104.3 (1).
(3) (a) Deep geothermal operation means any exploration for or production
of:
(I) Allocated geothermal resources; or
(II) Geothermal resources that are deeper than two thousand five hundred
feet below the surface.
(b) (I) Deep geothermal operation includes the following activities related
to the operation of a well:
(A) Conducting geophysical operations;
(B) Drilling test bores and monitoring wells;
(C) Siting;
(D) Installing and operating flowlines;
(E) Drilling;
(F) Deepening;
(G) Recompleting;
(H) Reworking;
(I) Repurposing; and
(J) Abandoning.
(II) Deep geothermal operation also includes any constructing, site
preparing, disposing of geothermal wastes, or reclaiming activities associated with the activities described in subsection (3)(b)(I) of this section.
(c) Deep geothermal operation does not include:
(I) Any exploration or production activities associated with the groundwater
in the Denver basin aquifers; or
(II) The use of any heat extracted with produced fluids in an oil and gas
operation if the utilization of the heat would otherwise not be economically feasible as a standalone geothermal resource project.
(4) Denver basin aquifers means the Dawson, Denver, Arapahoe, and
Laramie-Fox Hills aquifers, as described in the rules adopted by the state engineer pursuant to section 37-90-137 (9)(a) and (9)(b).
(5) Disproportionately impacted community has the meaning set forth in
section 24-4-109 (2)(b)(II).
(6) Distributed geothermal resource means any geothermal resource that
is not an allocated geothermal resource.
(7) Geothermal by-products means dissolved or entrained minerals and
gases that may be obtained from the material medium, excluding hydrocarbon substances and carbon dioxide.
(8) Geothermal fluid means naturally occurring groundwater, brines, vapor,
and steam associated with a geothermal resource.
(9) Geothermal resource means the natural heat of the earth and includes:
(a) The energy that may be extracted from that natural heat;
(b) The material medium used to extract the energy from a geothermal
resource; and
(c) Geothermal by-products.
(9.5) Historic hot spring means a hot spring that is registered as described
in section 37-90.5-106 (7) and is either:
(a) A commercial geothermal hot spring with a vested water right; or
(b) A noncommercial geothermal hot spring that is accessible to and enjoyed
by the public.
(10) Hot dry rock means a geothermal resource that lacks sufficient
geothermal fluid to transport commercial amounts of energy to the surface and that is not associated with an economically useful groundwater resource.
(11) Local government means a home rule or statutory county, municipality,
or city and county.
(12) Material medium means geothermal fluid as well as any other
substance used to transfer energy from a geothermal resource.
(13) Repealed.
(14) Nontributary groundwater has the meaning set forth in section 37-90-103 (10.5).
(14.5) Prior geothermal operation means:
(a) A geothermal well, operation, district, or unit authorized by the state
engineer or the energy and carbon management commission pursuant to this article 90.5; or
(b) A historic hot spring.
(15) Shallow geothermal operation means any geothermal operation that is
not a deep geothermal operation.
(16) Water right has the meaning set forth in section 37-92-103 (12).
Source: L. 83: Entire article added, p. 1419, � 1, effective June 10. L. 2010: (1)
amended and (1.5) added, (SB 10-174), ch. 189, p. 811, � 5, effective August 11. L. 2023: Entire section amended, (SB 23-285), ch. 235, p. 1234, � 6, effective July 1. L. 2025: (1)(b) and (3)(c)(II) amended, (9.5) and (14.5) added, and (13) repealed, (HB 25-1165), ch. 257, p. 1305, � 12, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-104. Ownership declaration. (1) Where a geothermal resource is
found in association with geothermal fluid which is tributary groundwater, such geothermal resource is declared to be a public resource to which usufructuary rights only may be established according to the procedures of this article. No correlative property right to such a geothermal resource in place is recognized as an incident of ownership of an estate in land.
(2) The property right to a hot dry rock resource or a geothermal resource
associated with nontributary groundwater is an incident of the ownership of the overlying surface, unless the property right is severed, reserved, or transferred with the subsurface estate expressly or is otherwise expressly separate from the surface estate. Geothermal resources associated with nontributary groundwater shall not be transferred separately from the nontributary groundwater. With respect to any severance, reservation, or transfer occurring after September 1, 2025:
(a) For any severance, reservation, or transfer of nontributary groundwater,
there is a rebuttable presumption that the severance, reservation, or transfer includes any associated geothermal resources unless the severance, reservation, or transfer expressly states otherwise; and
(b) For any severance, reservation, or transfer of geothermal resources
associated with nontributary groundwater, there is a rebuttable presumption that the severance, reservation, or transfer includes the associated nontributary groundwater unless the severance, reservation, or transfer expressly states otherwise.
(3) Nothing in this section shall be deemed to derogate valid, existing
property rights to geothermal resources which have vested prior to July 1, 1983. However, such property rights shall not be deemed vested absent the award of a decree for an application filed prior to June 10, 1983, pursuant to existing water law or the entering into of a geothermal lease prior to June 10, 1983, or unless utilizing facilities are actually in existence prior to July 1, 1983. A facility for utilization of geothermal resources shall be considered to be in existence if it is in actual operation or is undergoing significant construction activities prior to operation.
(4) Notwithstanding any provision of this section to the contrary, nothing in
this section:
(a) Derogates the rights of a landowner to nontributary groundwater;
(b) Affects any ownership or rights to a geothermal resource associated with
nontributary groundwater, which resource is acquired before July 1, 2023; or
(c) Prevents an owner of nontributary groundwater rights from accessing
nontributary groundwater for nongeothermal purposes that will not materially injure a prior geothermal operation.
(5) Repealed.
Source: L. 83: Entire article added, p. 1420, � 1, effective June 10. L. 2023: (2)
and (4) amended and (5) added, (SB 23-285), ch. 235, p. 1236, � 7, effective July 1. L. 2025: (2) and (4) amended and (5) repealed, (HB 25-1165), ch. 257, p. 1305, � 13, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-105. Access - reasonable accommodation. (1) Geothermal leases
may be awarded by the state board of land commissioners for lands under its jurisdiction through negotiation or by competitive bidding, but no such lease may be awarded prior to a public notice period of thirty-five days.
(2) Where the property right to a severable geothermal resource has been
severed, reserved, or transferred with the subsurface estate, its owner may enter upon the overlying surface parcel at reasonable times and in a reasonable manner to prospect for and produce the energy from such resource, if adequate compensation is paid to the owner of the surface parcel for damages and disturbance in accordance with subsection (3) of this section. This right of entry shall not include the right to construct surface utilization facilities, and such facilities may be constructed only upon agreement with the surface owner in accordance with subsection (3) of this section.
(3) (a) (I) A developer of any type of geothermal resource shall develop the
resource in a manner that accommodates the surface owner by minimizing intrusion upon and damage to the surface of the land.
(II) As used in this section, minimizing intrusion upon and damage to the
surface means selecting alternative locations for wells, roads, pipelines, or heat exchange or generation facilities, or employing alternative means of operation, that prevent, reduce, or mitigate the impacts of the geothermal development on the surface, where such alternatives are technologically sound, economically practicable, and reasonably available to the developer.
(III) The standard of conduct set forth in this subsection (3) does not prevent
a developer from entering upon and using that amount of the surface as is reasonable and necessary to explore for and develop the geothermal resource.
(IV) The standard of conduct set forth in this subsection (3) does not
abrogate or impair a contractual provision that is binding on the parties and that expressly provides for the use of the surface for the development of geothermal resources or that releases the developer from liability for the use of the surface.
(b) A geothermal resource developer's failure to meet the requirements set
forth in this subsection (3) or, if applicable, subsection (2) of this section, gives rise to a cause of action by the surface owner. Upon a determination by the trier of fact that such failure has occurred, a surface owner may seek compensatory damages or such equitable relief as is consistent with paragraph (a) of this subsection (3) or, if applicable, subsection (2) of this section.
(c) (I) In any litigation or arbitration based upon subsection (2) of this section
or paragraph (a) of this subsection (3), the surface owner shall present evidence that the developer's use of the surface materially interfered with the surface owner's use of the surface of the land. After such showing, the developer bears the burden of proof of showing that it met the standard set out in paragraph (a) of this subsection (3) and, if applicable, subsection (2) of this section. If a developer makes that showing, the surface owner may present rebuttal evidence.
(II) An operator may assert, as an affirmative defense, that it has conducted
geothermal resource development in accordance with a regulatory requirement, contractual obligation, or land use plan provision that specifically applies to the alleged intrusion or damage.
(d) Nothing in this section:
(I) Precludes or impairs any person from obtaining any and all other remedies
allowed by law;
(II) Prevents a developer and a surface owner from addressing the use of the
surface for geothermal resource development in a lease, surface use agreement, or other written contract; or
(III) Establishes, alters, impairs, or negates the authority of local and county
governments to regulate land use related to geothermal resource development.
Source: L. 83: Entire article added, p. 1420, � 1, effective June 10. L. 2010: (2)
amended and (3) added, (SB 10-174), ch. 189, p. 812, � 6, effective August 11. L. 2012: (1) amended, (SB 12-175), ch. 208, p. 886, � 159, effective July 1.
37-90.5-106. Regulation of geothermal resource operations - reinjection -
fees - rules - definition. (1) (a) (I) The state engineer and the state board of examiners of water well and ground heat exchanger contractors created in section 37-91-103 have the authority to regulate shallow geothermal operations and may adopt rules that regulate shallow geothermal operations.
(II) Before constructing a test bore, ground heat exchanger, monitoring well,
or production well or reworking an existing well associated with shallow geothermal operations, a person shall obtain an operations permit from the state engineer.
(III) The state engineer may adopt rules for the assessment of reasonable
fees for the processing and issuance of a permit pursuant to subsection (1)(a)(II) of this section.
(IV) The state engineer shall maintain a tributary geothermal notification list
for each water division.
(V) (A) An applicant for a new geothermal well permit withdrawing tributary
groundwater at a rate greater than fifty gallons per minute shall provide a copy of the application by electronic mail to all parties that have subscribed to the tributary geothermal notification list for the water division in which the well will be located and shall file proof of such notice with the state engineer.
(B) The state engineer shall allow the owners or operators of prior
geothermal operations, vested water rights, or wells thirty-five days after the date of the electronic mailing of the notice to submit a claim of material injury. Any such claim may request conditions to be imposed upon the well permit in order to prevent such injury and provide other information to be considered by the state engineer in reviewing the application.
(C) If an applicant proposes a geothermal well withdrawing tributary
groundwater at a rate greater than fifty gallons per minute, and the proposed well is in a hydrogeologic setting where it has the potential to materially injure a historic hot spring, the applicant shall provide geologic and hydrologic evidence to be considered by the state engineer. The evidence must demonstrate that the proposed well will not materially injure the historic hot spring. The state engineer shall amend the geothermal rules adopted pursuant to subsection (1)(a)(I) of this section to implement the requirements of this subsection (1)(a)(V)(C).
(b) (I) The commission has the exclusive authority to regulate deep
geothermal operations and may adopt rules that regulate deep geothermal operations.
(II) Prior to constructing a well associated with deep geothermal operations,
the owner or operator of the well shall obtain an operations permit from the commission.
(III) In issuing an operations permit pursuant to subsection (1)(b)(II) of this
section, the commission:
(A) May allow for the use of groundwater pursuant to section 37-90-137
(7.5)(a) as a material medium for allocated geothermal resources that have been determined to be nontributary pursuant to section 37-90.5-107 (1)(b); and
(B) Shall make a finding based upon available data that the proposed
operation will not materially injure a prior geothermal operation; and
(C) Shall require each applicant for a permit concerning deep geothermal
operations to provide notice of the application to the designated individuals of prior geothermal operations registered pursuant to subsection (7) of this section and located within one-fourth of a mile of the proposed deep geothermal operations.
(IV) The commission may adopt rules for the assessment of reasonable fees
for the processing and issuance of a permit pursuant to subsection (1)(b)(II) of this section.
(c) As used in this section, unless the context otherwise requires, material
injury to a prior geothermal operation includes injury to any aspect of the vested water rights of a prior geothermal operation, which may include water quantity, pressure, rate of flow, mineral content, or temperature. Regardless of whether water quantity, pressure, rate of flow, mineral content, or temperature are decreed, material injury to a prior geothermal operation also includes diminution or alteration of any such parameter that results in an adverse effect to a prior geothermal operation.
(2) (a) In exercising its regulatory authority pursuant to subsection (1)(b) of
this section, the commission shall adopt rules that:
(I) Protect public health, safety, and welfare, including the protection of the
environment and wildlife resources; and
(II) Avoid, minimize, or mitigate adverse impacts on disproportionately
impacted communities.
(b) (I) The commission shall not issue an operations permit pursuant to
subsection (1)(b)(II) of this section unless the applicant provides evidence to the commission that:
(A) The applicant has filed an application with the local government with
jurisdiction to approve the siting of the proposed deep geothermal operations, including the local government's disposition of the application; or
(B) The local government with jurisdiction to approve the siting of the
proposed deep geothermal operations does not regulate the siting of deep geothermal operations.
(II) Upon request by a local government, the commission shall provide
technical support to the local government concerning the implementation of the commission's rules pursuant to this section or the implementation by the local government of the commission's rules.
(c) The commission may enforce rules adopted pursuant to this subsection
(2) in accordance with section 34-60-121.
(3) Where the maintenance of underground pressures, the prevention of
subsidence, or the disposal of brines is necessary, reinjection of geothermal fluid or water may be required by the state engineer or the commission.
(4) The commission shall transfer all fees collected for permits issued by the
commission pursuant to subsection (1)(b)(IV) of this section to the state treasurer, who shall credit the fees to the energy and carbon management cash fund created in section 34-60-122 (5).
(5) Notwithstanding any provision of this section to the contrary, nothing in
this section affects the ownership, administration, or determination of water rights or rights to nontributary groundwater.
(6) (a) Except as set forth in subsection (6)(b)(II) of this section, the
commission is responsible for administering and enforcing any permits issued by the state engineer pursuant to this section that cover deep geothermal operations.
(b) The state engineer or the state board of examiners of water well and
ground heat exchanger contractors may exercise any power, duty, function, or obligation necessary to issue, administer, and enforce any permits or licenses that cover:
(I) Shallow geothermal operations; and
(II) The use of geothermal fluid in deep geothermal operations pursuant to
section 37-90.5-107, except for deep geothermal operations subject to section 37-90-137 (7.5)(a).
(7) (a) An owner or operator of a prior geothermal operation, or a government
entity with an interest in the public's enjoyment of a noncommercial geothermal hot spring, shall register with the state engineer:
(I) The location of the prior geothermal operation; and
(II) Designated individuals to receive electronic mail notifications from the
state engineer and the commission as described in section 37-90-137 (2) and subsection (1)(b)(III)(C) of this section.
(b) The state engineer shall add the designated individuals to the tributary
geothermal notification list described in subsection (1)(a)(IV) of this section for the water division in which the prior geothermal operation is located.
Source: L. 83: Entire article added, p. 1421, � 1, effective June 10. L. 2003: (1)
amended, p. 47, � 7, effective (see editor's note). L. 2023: Entire section R&RE, (SB 23-285), ch. 235, p. 1237, � 8, effective July 1. L. 2025: (1)(a)(I), (1)(a)(II), (1)(b)(III), (3), and (6) amended and (1)(a)(IV), (1)(a)(V), (1)(c), (2)(c), and (7) added, (HB 25-1165), ch. 257, p. 1306, � 14, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (1)(a)(II) provided for the repeal of subsection (1)(a), effective
July 1, 2006. (See L. 2003, p. 47.)
Cross references: For the legislative declaration contained in the 2003 act
amending subsection (1), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
37-90.5-107. Permits for the use of geothermal resources - rules. (1) (a)
After receipt of the necessary application, the state engineer shall issue a use permit to use distributed geothermal resources consistent with the requirements described in section 37-90-107, 37-90-108, 37-90-109, 37-90-137, or 37-90.5-106.
(b) After receipt of the necessary application, the state engineer shall issue
a use permit to use allocated geothermal resources consistent with the requirements described in section 37-90-137 and after a determination that any associated geothermal fluid is nontributary groundwater. For the purposes of this section, this determination must rely on the definition of nontributary groundwater pursuant to section 37-90-103 (10.5) as determined by:
(I) A decree of the water court;
(II) A permit to construct a well to withdraw nontributary groundwater issued
by the state engineer pursuant to section 37-90-137;
(III) Rules adopted by the state engineer pursuant to section 37-90-137 (7)(c)
for produced water that apply to use permits that are limited to the use of water as a material medium as the only beneficial use of water; or
(IV) Rules adopted by the state engineer pursuant to subsection (6)(a) of this
section.
(2) The use of water as a material medium is recognized as a beneficial use.
(3) (a) Nondiversionary utilization methods do not require a use permit
pursuant to subsection (1) of this section but are subject to the rules adopted pursuant to section 37-90.5-106 (1)(a)(I) and (1)(b)(I); however, nothing in this subsection (3)(a) prevents the developer of a geothermal resource from establishing a water right based on the developer's actual utilization.
(b) Repealed.
(c) The use permit issued pursuant to subsection (1) of this section may be
waived by the state engineer for a diversionary utilization method that does not impair valid, prior water rights.
(d) Repealed.
(e) Notwithstanding any provision of this subsection (3) to the contrary, a
water right to use a distributed geothermal resource associated with tributary groundwater may be obtained only in water court and is subject to article 92 of this title 37. The beneficial use of energy extracted from geothermal fluid associated with a distributed geothermal resource is the basis, measure, and limit of the water right, and efficient application methods must be used for the use of energy to qualify as a beneficial use.
(4) Notwithstanding any provision of this section to the contrary, section 37-90-137 (4) applies to any beneficial use of allocated geothermal resources, except
for those operations described in section 37-90-137 (7.5)(a).
(5) The provisions of articles 90 and 92 of this title 37 relating to notice,
hearings, appeals, and the administration of water rights apply to all permitting actions by the state engineer pursuant to this section.
(6) (a) (I) The state engineer may adopt rules for the administration of this
section, including rules and procedures for the determinations described in subsection (1)(b) of this section.
(II) The state engineer's rule-making authority pursuant to subsection
(6)(a)(I) of this section includes the authority to adopt rules:
(A) Pursuant to which geothermal fluid, in whole or in part, is determined to
be nontributary pursuant to subsection (1)(b) of this section; and
(B) That provide rule-making and adjudicatory procedures for the
determinations described in subsection (6)(a)(II)(A) of this section that are made after the initial rule-making conducted pursuant to subsection (1)(b) of this section.
(b) In any rule-making proceeding conducted pursuant to this section, any
interested person has the right of cross-examination. Judicial review of any rules adopted pursuant to this section and any nontributary groundwater determinations made pursuant to subsection (1)(b) of this section must be in accordance with section 24-4-106; except that venue must be exclusively in the water court for the water division or divisions where the groundwater that is the subject of any applicable rule or determination is located.
(c) In any judicial action seeking to curtail or declare unlawful the
withdrawal, use, or disposal of groundwater pursuant to this section, there is a rebuttable presumption that any determination made by the state engineer pursuant to subsection (1)(b) of this section is valid.
(d) Any rules adopted pursuant to this section must not conflict with existing
laws and do not affect the validity of groundwater well permits existing prior to the adoption of the rules.
Source: L. 83: Entire article added, p. 1421, � 1, effective June 10. L. 92: (7)
amended, p. 2181, � 50, effective June 2. L. 2010: (8) amended, (SB 10-174), ch. 189, p. 813, � 7, effective August 11. L. 2012: IP(3) amended, (SB 12-175), ch. 208, p. 886, � 160, effective July 1. L. 2023: Entire section amended, (SB 23-285), ch. 235, p. 1239, � 9, effective July 1. L. 2025: (1)(a) and (4) amended and (3)(b) and (3)(d) repealed, (HB 25-1165), ch. 257, p. 1308, � 15, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
37-90.5-108. Geothermal management districts. (1) The state engineer
may adopt procedures that establish geothermal management districts applicable to distributed geothermal resources. In geothermal management districts, the state engineer may:
(a) Control well-spacing and production rates;
(b) Control the quantity of geothermal fluid extracted from distributed
geothermal resources by methods and procedures that the state engineer deems appropriate, including requirements to reinject; and
(c) Adopt a comprehensive plan for the most efficient use of distributed
geothermal resources, guided by the principles of equitable apportionment, maximum economic recovery, and prevention of waste.
(2) The state engineer may delegate some or all of his authority under this
section to a geothermal management district upon finding that the district has adequate organization and capability to administer an acceptable management plan.
(3) The state engineer shall notify the commission of any application for a
geothermal management district that is anticipated to affect deep geothermal operations.
Source: L. 83: Entire article added, p. 1422, � 1, effective June 10. L. 2023:
IP(1), (1)(b), and (1)(c) amended and (3) added, (SB 23-285), ch. 235, p. 1242, � 10, effective July 1.
37-90.5-109. Geothermal resource units - rules. (1) The commission may
adopt procedures by rule to establish geothermal resource units applicable to allocated geothermal resources. In its regulation of geothermal resource units, the commission may:
(a) Control well-spacing and production rates;
(b) Control the quantity of geothermal fluid extracted from allocated
geothermal resources by methods and procedures that the commission deems appropriate, including requirements to reinject;
(c) Adopt a comprehensive unit plan that encourages sustainable use of
allocated geothermal resources; and
(d) Require equitable compensation to any impacted owner of an allocated
geothermal resource.
(2) Notwithstanding any provision of this section to the contrary, nothing in
this section affects the ownership, administration, aggregation, or determination of water rights.
Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1242, � 11,
effective July 1.
37-90.5-110. Geothermal resource studies - report - repeal. (Repealed)
Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1242, � 11,
effective July 1.
Editor's note: Subsection (3) provided for the repeal of this section, effective
July 1, 2025. (See L. 2023, p. 1242.)
37-90.5-111. Coordination between the commission and the state engineer.
(1) When an operations permit is issued by the commission pursuant to section 37-90.5-106 (1)(b)(II) and a use permit is issued by the state engineer pursuant to section 37-90.5-107 (1), the commission and the state engineer shall coordinate to:
(a) Ensure that any applicable requirements of the commission and the state
engineer are met; and
(b) Determine whether an accounting for the use and reinjection of
geothermal fluid or water pursuant to the applicable permit may be submitted to only the commission, only to the state engineer, or to both.
Source: L. 2023: Entire section added, (SB 23-285), ch. 235, p. 1243, � 11,
effective July 1. L. 2025: (1)(b) amended, (HB 25-1165), ch. 257, p. 1309, � 16, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
ARTICLE 91
Water Well Construction and
Pump Installation Contractors
C.R.S. § 37-91-101
37-91-101. Legislative declaration. (1) The general assembly finds, determines, and declares that:
(a) Scientific evidence has established that improperly constructed wells,
improperly abandoned wells, improperly constructed or abandoned ground heat exchangers, and improperly installed pumping equipment can adversely affect groundwater resources and the public health, safety, and welfare; and
(b) Therefore, the proper location, construction, repair, and abandonment of
wells; the proper location, construction, repair, and abandonment of ground heat exchangers; the proper installation and repair of pumping equipment; the licensing and regulation of persons engaging in the business of contracting for the construction of wells, the construction of ground heat exchangers, or the installation of pumping equipment; and the periodic inspection of well construction, ground heat exchanger construction, and pump installation are essential for the protection of the public health, safety, and welfare and the preservation of groundwater resources.
Source: L. 67: p. 691, � 1. C.R.S. 1963: � 148-20-1. L. 85: Entire section
amended, p. 1180, � 1, effective July 1. L. 2003: Entire section amended, p. 1675, � 1, effective May 14. L. 2025: Entire section amended, (HB 25-1165), ch. 257, p. 1309, � 17, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-102
37-91-102. Definitions. As used in this article 91, unless the context otherwise requires:
(1) and (2) Repealed.
(3) Board means the state board of examiners of water well and ground
heat exchanger contractors created in section 37-91-103.
(4) Construction of wells means any act undertaken at the well site for the
establishment or modification of a well, including, without limitation, the location of the well and the excavation or fracturing thereof but not including surveying or other acts preparatory thereto, site preparation and modification or site modification, or the installation of pumping equipment.
(4.1) (a) Construction or installation of a ground heat exchanger means any
act undertaken at a ground heat exchanger site for the establishment or modification of a ground heat exchanger.
(b) Construction or installation of a ground heat exchanger includes the
locating of a ground heat exchanger and the excavating or fracturing necessary to install a ground heat exchanger.
(c) Construction or installation of a ground heat exchanger does not
include surveying, site preparation, site modification, or other preparatory acts.
(4.5) Dewatering well includes any excavation that is drilled, cored, bored,
washed, fractured, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for temporary dewatering purposes for construction only.
(4.7) Directly employed means engaged in employment where the
employer is responsible for and directly controls the performance of the employee, and, where applicable, the employee is covered by workers' compensation and unemployment compensation. Directly employed does not refer to independent contractors or subcontractors.
(5) and (6) Repealed.
(6.5) Ground heat exchanger means a continuous, sealed, subsurface heat
exchanger consisting of a closed loop through which a heat-transfer fluid passes to and returns from a heat pump or manifold. A ground heat exchanger may be vertically or horizontally configured or submerged in surface water.
(6.7) Ground heat exchanger contractor means an individual licensed
pursuant to this article 91 who is responsible for the drilling, construction, grouting, repair, testing, or abandonment of a ground heat exchanger, either by contract or for hire, for any consideration whatsoever.
(7) Groundwater means any water not visible on the surface of the ground
under natural conditions.
(7.5) Heat-transfer fluid means a fluid heat-transfer medium to convey
thermal energy to and from the thermal source or sink.
(8) Installation of pumping equipment means the selection, placement, and
preparation for operation of pumping equipment, including all construction involved in entering the well and establishing well seals and safeguards to protect groundwater from contamination.
(9) Repealed.
(10) License means the document issued by the board to a qualified
applicant pursuant to section 37-91-105, which document authorizes the applicant to engage in one or more methods of well construction, ground heat exchanger construction, or pump installation or any combination of such methods.
(10.5) Monitoring and observation well includes any excavation that is
drilled, cored, bored, washed, fractured, driven, dug, jetted, or otherwise constructed when the intended use of the excavation is for locating a well, pumping equipment or aquifer testing, monitoring groundwater, groundwater remediation, or collection of water quality samples.
(11) Repealed.
(11.5) Person means an individual, a partnership, a corporation, a
municipality, the state, the United States, or any other legal entity, public or private.
(12) Private driller means any individual, corporation, partnership,
association, political subdivision, or public agency that uses equipment owned by it to dig, drill, redrill, case, recase, deepen, or excavate a well entirely for its own use upon property owned by it.
(12.5) Private pump installer means any individual, corporation, partnership,
association, political subdivision, or public agency that uses equipment owned by it to install pumping equipment on a well entirely for its own use on property owned by it.
(13) Pumping equipment means any pump or related equipment used or
intended for use in withdrawing or obtaining groundwater, including, but not limited to, well seals, pitless adapters, and other safeguards to protect the groundwater from contamination and any waterlines up to and including the pressure tank and any coupling appurtenant thereto.
(14) Pump installation contractor means an individual licensed to install,
remove, modify, or repair pumping equipment for compensation.
(15) Repair means:
(a) Any change, replacement, or other alteration of any well or pumping
equipment that requires a breaking or opening of the well seal or any waterlines up to and including the pressure tank and any coupling appurtenant to the pressure tank; or
(b) Any change, replacement, or other alteration of a ground heat exchanger
that requires excavation of any portion of the ground heat exchanger to repair or replace components of surface casing, piping or grout within the borefield, or piping between the borefield and the manifold.
(15.5) Supervision means personal and continuous on-site direction by a
licensed well construction contractor, licensed ground heat exchanger contractor, or licensed pump installation contractor, unless the licensed contractor has applied for and received from the board an exemption from continuous on-site direction for a specific task.
(15.7) Test hole includes any excavation that is drilled, cored, bored,
washed, fractured, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for geotechnical, geophysical, or geologic investigation or soil- or rock-sampling.
(16) (a) Well for the purpose of this article means any test hole or other
excavation that is drilled, cored, bored, washed, fractured, driven, dug, jetted, or otherwise constructed for the purpose of location, monitoring, dewatering, observation, diversion, artificial recharge, or acquisition of groundwater for beneficial use or for conducting pumping equipment or aquifer tests.
(b) (I) Well does not include:
(A) Certain types of monitoring and observation wells, dewatering wells, and
test holes that the board specifies in rules in order to allow for their construction, utilization, and abandonment by other than a well construction contractor;
(B) An excavation made for the purpose of obtaining or prospecting for
minerals or those wells subject to the jurisdiction of the energy and carbon management commission, as provided in article 60 of title 34 or in article 90.5 of this title 37;
(C) A well subject to the jurisdiction of the division of reclamation, mining,
and safety, as provided in articles 32 to 34 of title 34; or
(D) Recharge basins or infiltration basins that are constructed in such a
manner that the intent of their design is to remain above the groundwater level.
(II) Well does not include a naturally flowing spring or springs where the
natural spring discharge is captured or concentrated by installation of a near-surface structure or device less than ten feet in depth located at or within fifty feet of the spring or springs' natural discharge point and the water is conveyed directly by gravity flow or into a separate sump or storage, so long as the owner obtains a water right for the structure or device as a spring pursuant to article 92 of this title 37.
(17) Well construction contractor means an individual licensed pursuant to
this article 91 and responsible for the construction, test-pumping, or development of wells, either by contract or for hire, for any consideration whatsoever.
(18) Well seal means an approved arrangement or device used to cover a
well or to establish and maintain a junction between the casing or curbing of a well and the piping or equipment installed therein, the purpose or function of which is to prevent contaminated water or other material from entering the well at the upper terminal.
Source: L. 67: p. 691, � 2. C.R.S. 1963: � 148-20-2. L. 85: (3), (4), (8), (10), (12),
(15), and (18) amended, (4.5), (4.7), (10.5), (11.5), (12.5), (15.5), and (15.7) added, (13), (14), (16), and (17) R&RE, and (1), (2), (5), (6), (9), and (11) repealed, pp. 1180, 1182, 1189, �� 2, 3, 16, effective July 1. L. 90: (4.7) amended, p. 574, � 71, effective July 1. L. 92: (16) amended, p. 1971, � 78, effective July 1. L. 95: (16) amended, p. 140, � 3, effective April 7. L. 2003: (4.7), (8), (10), (12), (12.5), (13), (14), (15.5), and (16)(a) amended, p. 1675, � 2, effective May 14. L. 2023: IP and (16)(b)(I) amended, (SB 23-285), ch. 235, p. 1257, � 39, effective July 1. L. 2025: (3), (10), (10.5), (14), (15), (15.5), (16)(b)(I)(B), (16)(b)(I)(C), (16)(b)(II), and (17) amended and (4.1), (6.5), (6.7), (7.5), and (16)(b)(I)(D) added, (HB 25-1165), ch. 257, p. 1310, � 18, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-103
37-91-103. State board of examiners of water well and ground heat exchanger contractors. (1) (a) The state board of examiners of water well and ground heat exchanger contractors is created in the division of water resources within the department of natural resources. The board includes the following six individuals:
(I) The state engineer or the state engineer's designee;
(II) A representative of the department of public health and environment
designated by the executive director of the department; and
(III) Four members appointed by the governor, two of whom shall be well
construction contractors or pump installation contractors, each with a minimum of ten years' experience in the well construction or pump installation business preceding the individual's appointment, one of whom shall be an engineer or geologist with a minimum of ten years' experience in water supply and well construction preceding the individual's appointment, and one of whom shall be an individual with a minimum of ten years' experience relating to ground heat exchangers preceding the individual's appointment.
(b) The state board of examiners of water well and ground heat exchanger
contractors is a type 1 entity, as defined in section 24-1-105.
(2) All members shall be appointed for four-year terms, but no member shall
be reappointed to or serve more than two consecutive four-year terms. Any vacancy occurring in the board membership of the governor's appointees, other than by expiration, shall be filled by the governor by appointment for the unexpired term. Members shall serve without compensation but shall be reimbursed for actual expenses necessarily incurred in their official business.
(3) The board shall meet at least once every three months and as it deems
necessary or advisable. Board meetings may be called at any time on order of the chair or vice-chair or any four members of the board. The board shall determine the time and place of all meetings, but at least one meeting every three months shall be held in Denver. Four members of the board constitute a quorum, and the affirmative vote of at least four members is required to pass any action or motion of the board. The board may adopt bylaws to govern its own procedure.
Source: L. 67: p. 693, � 3. C.R.S. 1963: � 148-20-3. L. 68: p. 129, � 142. L. 85:
(1) amended, p. 1182, � 4, effective July 1. L. 2003: (2) and (3) amended, p. 1677, � 3, effective May 14. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3410, � 170, effective August 10. L. 2025: (1) and (3) amended, (HB 25-1165), ch. 257, p. 1312, � 19, effective August 6.
Cross references: (1) For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Moderization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(2) For the legislative declaration in HB 25-1165, see section 1 of chapter
257, Session Laws of Colorado 2025.
C.R.S. § 37-91-104
37-91-104. Duties of the board. (1) The board shall:
(a) Be responsible for the administration of this article and, with respect to
such administration, shall enforce the provisions of this article and any rules adopted pursuant thereto and shall take such other actions as may be reasonably necessary to carry out the provisions of this article;
(b) Have general supervision and authority over the construction and
abandonment of wells, construction and abandonment of ground heat exchangers, and the installation of pumping equipment, as provided by sections 37-91-109 and 37-91-110;
(c) Adopt, and from time to time revise, such rules, not inconsistent with law,
as may be necessary to effectuate the provisions of this article, all such rules to be adopted in accordance with article 4 of title 24, C.R.S.;
(d) Employ, within funds available, personnel necessary for the proper
performance of its work under this article;
(e) Examine for, deny, approve, revoke, suspend, and renew the licenses of
applicants and licensees as provided in this article;
(f) Conduct hearings upon its own motion or upon receipt of written
complaints with respect to any licensee under this article and with respect to the denial, revocation, or suspension of a license, all such hearings to be conducted in conformity with article 4 of title 24, C.R.S. The board may have such hearings conducted before a hearing officer or administrative law judge from the department of personnel designated by the board, who is technically qualified to conduct or assist in such hearings and who may be a member of the board.
(g) Repealed.
(h) Cause the prosecution and enjoinder of all persons violating this article;
(i) Disseminate information to pump installation contractors, ground heat
exchanger contractors, and well construction contractors in order to protect and preserve the groundwater resources of the state;
(j) Promulgate rules and regulations pursuant to article 4 of title 24, C.R.S.,
to allow certain types of monitoring and observation wells, dewatering wells, and test holes to be constructed, utilized, and abandoned by other than a well construction contractor;
(k) Adopt, and revise as necessary, such rules regarding the construction,
use, and abandonment of monitoring and observation wells, dewatering wells, and test holes necessary to safeguard the public health of the people of Colorado. All such rules shall be adopted in accordance with article 4 of title 24, C.R.S. The board may require that such wells or holes be designed, constructed, used, or abandoned by a licensed professional engineer, professional geologist, licensed well construction contractor, or anyone directly employed by or under the supervision of one of these individuals.
(l) (I) Assure protection of groundwater resources and the public health by
ordering the nondestructive investigation, abandonment, repair, drilling, redrilling, casing, recasing, deepening, or excavation of a well or ground heat exchanger where the board finds such an order necessary to correct violations of this article 91 or rules adopted by the board pursuant to this article 91 or to protect groundwater resources and the public health.
(II) An existing well or ground heat exchanger that was constructed in
compliance with the laws and regulations in effect at the time of its construction is not required to be repaired, redrilled, or otherwise modified to meet the current standards for well construction or ground heat exchanger construction contained in this article 91 or in rules adopted by the board pursuant to this article 91. The board may order any such well or ground heat exchanger that presents an imminent threat to public health or an imminent threat of groundwater contamination to be repaired or abandoned. Any remedial action required by the board for such a well or ground heat exchanger must be the minimum repair necessary to remove the threat to public health or of groundwater pollution. An order to abandon a well that is issued under this article 91 is not a determination of intent to abandon any water right associated with the well.
(2) The board may delegate to the state engineer the authority to perform
any of the duties of the board as set forth in this article, except those duties authorized in paragraphs (c), (e), (j), and (k) of subsection (1) of this section.
Source: L. 67: p. 693, � 4. C.R.S. 1963: � 148-20-4. L. 83: (1)(g) amended, p.
844, � 77, effective July 1. L. 85: (1)(b), (1)(f), and (1)(h) amended and (2) added, p. 1183, �� 5, 6, effective July 1. L. 87: (1)(f) amended, p. 976, � 99, effective March 13. L. 95: (1)(f) amended, p. 666, � 106, effective July 1. L. 96: (1)(g) repealed, p. 1216, � 5, effective August 7. L. 2003: (1)(l) added, p. 1677, � 4, effective May 14. L. 2004: (1)(k) amended, p. 1315, � 69, effective May 28. L. 2025: (1)(b), (1)(i), and (1)(l) amended, (HB 25-1165), ch. 257, p. 1312, � 20, effective August 6.
Editor's note: Subsections (1)(l)(I) and (1)(l)(II) were originally enacted as
subsections (1)(l) and (1)(m), respectively, in Senate Bill 03-045 but have been renumbered on revision for ease of location.
Cross references: (1) For the Information Coordination Act, its policy, and
the functions of the heads of principal departments, see � 24-1-136; for rule-making and licensing procedures by state agencies, see article 4 of title 24.
(2) For the legislative declaration contained in the 1996 act repealing
subsection (1)(g), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-105
37-91-105. Licensing - registration of rigs. (1) Before contracting for the construction of a well, the installation of a ground heat exchanger, or the installation of pumping equipment, an individual shall obtain a license for one or more methods of well construction, ground heat exchanger installation, or pump installation from the board and shall secure a registration from the board for each well-drilling, ground heat exchanger, or pump-installing rig to be operated or leased by the individual or the individual's employee.
(2) The board shall issue a license to each applicant who files an application
upon a form and in such manner as the board prescribes, accompanied by such fees and bond as required by section 37-91-107, and who furnishes evidence satisfactory to the board that the applicant:
(a) Is at least twenty-one years of age;
(b) Is a citizen of the United States or has declared his intention to become a
citizen;
(c) (Deleted by amendment, L. 2003, p. 1678, � 5, effective May 14, 2003.)
(d) Has not less than two years' experience in the type of well construction
work, ground heat exchanger work, or pump installation work for which the applicant is initially applying for a license; however:
(I) An individual who is licensed in one or more methods of well construction
is eligible without further experience to take an examination to obtain a license for a different method of well construction;
(II) An individual who is licensed for installing one or more types of pumps is
eligible without further experience to take an examination to obtain a license for a different type of pump installation;
(III) An individual's education in an accredited program approved by the
board may substitute for well construction, ground heat exchanger installation, or pump installation experience upon application to and acceptance by the board; and
(IV) An individual's possession of a license for well construction may
substitute for ground heat exchanger installation experience upon application to and acceptance by the board.
(e) Demonstrates professional competence by passing a written and oral
examination prescribed by the board.
(2.5) The board shall issue a special license for the use of special equipment
or limited procedures in well construction, ground heat exchanger installation, or pump installation to each applicant who files an application upon a form and in such manner as the board prescribes, accompanied by such fees and bond as are required by section 37-91-107, and who furnishes evidence satisfactory to the board that the applicant meets the requirements established in subsection (2) of this section; except that a special licensee is not eligible to take an examination to obtain a license for a different method of well construction, ground heat exchanger installation, or pump installation unless the licensee has at least two years of experience in the method of well construction, ground heat exchanger installation, or pump installation for which the additional license is sought.
(3) Upon investigation of the application and other evidence submitted, the
board shall, not less than thirty days prior to the examination, notify each applicant that the application and evidence submitted for licensing is satisfactory and accepted, or unsatisfactory and rejected; if rejected, said notice shall state the reasons for such rejection.
(4) The place of examination shall be designated in advance by the board
and shall be given annually and at such other times as, in the opinion of the board, the number of applicants warrants.
(5) The examination must consist of an oral and written examination and
fairly test the applicant's knowledge and application of the following subjects, respectively, depending on the license type:
(a) For a well construction contractor license: Basics of drilling methods,
specific drilling methods, and basics of well construction and the applicant's knowledge and application of state laws and local ordinances concerning the construction of wells and rules adopted in connection with such laws and ordinances;
(b) For a pump installation contractor license: Basics of pump installation
methods, specific pump installation methods and associated pumping equipment, and the applicant's knowledge and application of state laws and local ordinances concerning the installation of pumping equipment and rules adopted in connection with such laws and ordinances; and
(c) For a ground heat exchanger contractor license: Basics of ground heat
exchanger installation, specific methods related to ground heat exchanger installation, and the applicant's knowledge and application of state laws and local ordinances concerning the installation of ground heat exchangers and rules adopted in connection with such laws and ordinances.
(6) If an applicant fails to receive a passing grade on the examination, the
applicant may reapply for examination after forty-five days and shall pay a reexamination fee upon such reapplication.
(7) Each licensee shall complete eight hours of continuing education as
approved by the board every year in order to maintain or renew a license.
(8) (a) Until the governor appoints to the board a member with ten or more
years of ground heat exchanger experience, and until the board adopts rules concerning the licensing of ground heat exchanger contractors, an individual operating pursuant to a permit issued from the state engineer may install ground heat exchangers in accordance with rules adopted by the state engineer pursuant to section 37-90.5-106.
(b) After the time frame described in subsection (8)(a) of this section, an
individual operating under a permit issued by the state engineer who applies for a ground heat exchanger contractor license is required to pass an oral examination pursuant to subsection (2)(e) of this section but is not required to:
(I) Demonstrate their experience pursuant to subsection (2)(d) of this section;
or
(II) Pass a written examination pursuant to subsection (2)(e) of this section.
Source: L. 67: p. 694, � 5. C.R.S. 1963: � 148-20-5. L. 73: p. 531, � 82. L. 85:
(1), (2)(d), and (4) to (6) amended, p. 1184, � 7, effective July 1. L. 89: (1) amended and (2.5) added, p. 1428, � 1, effective April 7. L. 2003: IP(2), (2)(c), (2)(d), and (6) amended and (7) added, p. 1678, � 5, effective May 14. L. 2025: (1), (2)(d), (2.5), (5), and (7) amended and (8) added, (HB 25-1165), ch. 257, p. 1313, � 21, effective August 6.
Cross references: (1) For the effect of a criminal conviction on employment
rights, see � 24-5-101.
(2) For the legislative declaration in HB 25-1165, see section 1 of chapter
257, Session Laws of Colorado 2025.
C.R.S. § 37-91-106
37-91-106. License - exemptions - rules.
(1) (Deleted by amendment, L. 2003, p. 1678, � 6, effective May 14, 2003.)
(2) A license is not required of any individual who performs labor or services
if the individual is directly employed by, or under the supervision of, a licensed well construction contractor, licensed ground heat exchanger contractor, or licensed pump installation contractor.
(3) Private drillers and private pump installers are exempt from all license
requirements under this article; except that such entities shall be required to comply with minimum construction standards as required by section 37-91-110 and the rules of the board.
(4) A license shall not be required of a professional engineer, professional
geologist, or professional hydrologist or anyone directly employed by, or under the supervision of, a professional engineer, professional geologist, or professional hydrologist for the purpose of sampling, measuring, or test-pumping for scientific, engineering, or regulatory purposes. The board may promulgate rules governing such sampling, measuring, or test-pumping, and all such sampling, measuring, or test-pumping shall be done in compliance with such rules.
Source: L. 67: p. 695, � 6. C.R.S. 1963: � 148-20-6. L. 85: Entire section
amended, p. 1184, � 8, effective July 1. L. 2003: (1), (3), and (4) amended, p. 1678, � 6, effective May 14. L. 2005: (3) amended, p. 157, � 1, effective April 5. L. 2025: (2) amended, (HB 25-1165), ch. 257, p. 1315, � 22, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-107
37-91-107. Fees and bonds - license renewal - continuing education. (1) All fees from applicants seeking a license under this article, and all renewal fees, shall be transmitted to the state treasurer, who shall credit the same to the well inspection cash fund created in section 37-80-111.5. No fees shall be refunded. A license shall be nontransferable and unassignable.
(2) (a) The board shall require an application fee to be paid in the amount of
twenty dollars. The payment of the fee must accompany each application from a resident of the state. The board shall also require an applicant to pay a fee in the amount of fifty dollars upon the applicant's successful completion of the examination and before the board issues a license.
(b) In addition to paying a fee pursuant to subsection (2)(a) of this section,
each successful resident applicant shall file and maintain with the board evidence of financial responsibility in the form of a savings account, deposit, or certificate of deposit in the amount of ten thousand dollars, meeting the requirements of section 11-35-101, or an irrevocable letter of credit for the amount of ten thousand dollars, meeting the requirements of section 11-35-101.5, or shall file and maintain with the board an approved compliance bond with a corporate surety authorized to do business in the state, in the amount of ten thousand dollars, for the use and benefit of any person or the state suffering loss or damage, conditioned that the licensee will comply with the laws of the state in engaging in the business for which the licensee receives a license and the rules of the board adopted in the regulation of such business.
(3) (a) The board shall charge an application fee in the amount of fifty
dollars, the payment of which application fee must accompany each application from a nonresident of the state. The board shall also charge a nonresident fee of four hundred dollars, which a nonresident shall pay upon successful completion of the examination and before the issuance of a license.
(b) In addition to paying any fees required by subsection (3)(a) of this section,
each successful nonresident applicant shall file and maintain with the board evidence of financial responsibility in the form of a savings account, deposit, or certificate of deposit in the amount of twenty thousand dollars, meeting the requirements of section 11-35-101, or shall file and maintain with the board an approved compliance bond in the amount of twenty thousand dollars with a corporate surety authorized to do business in the state for the use and benefit of any person or the state suffering loss or damage, conditioned that the licensee shall comply with the laws of the state in engaging in the business for which the licensee receives a license and the rules adopted by the board in compliance with such laws.
(3.5) The board shall not set the application and license fees in subsections
(2) and (3) of this section at amounts greater than becomes necessary to further the purposes of this article. Such amounts shall not exceed the direct and indirect costs of the board in administering the provisions of this article.
(3.7) The board is authorized to set the bond amounts in subsections (2) and
(3) of this section at higher amounts if such an increase becomes necessary to further the purposes of this article.
(4) (a) (I) Each licensed well construction contractor, licensed ground heat
exchanger contractor, and licensed pump installation contractor in this state shall:
(A) Pay to the board during January of each year, beginning in the year
immediately following the licensee's initial licensing, a renewal fee of fifty dollars;
(B) Concurrently file and thereafter maintain a new bond or letter of credit if
required pursuant to this section; and
(C) Annually file a certificate of completion of continuing education pursuant
to section 37-91-105 (7).
(II) Upon a licensee's satisfaction of the requirements described in
subsection (4)(a)(I) of this section, the secretary shall issue a renewal license for one year. The license of any well construction contractor, ground heat exchanger contractor, or pump installation contractor who fails to have their license renewed lapses. A lapsed license may be renewed, without reexamination, within one year after it lapses upon payment of all fees in arrears. A licensee may elect to renew their license and file and maintain a bond or letter of credit for a term of up to three years, paying fifty dollars for each year the license will be in effect.
(b) The board shall not set a license renewal fee described in subsection
(4)(a) of this section or a rig registration fee described in subsection (5) of this section in an amount greater than is necessary to further the purposes of this article 91. The amount must not cause the total amount of money collected under this article 91 to exceed the direct and indirect costs of the board in administering this article 91.
(4.5) A licensee shall maintain the amount of financial responsibility required
by subsections (2), (3), and (4) of this section for the duration of the license for which the financial responsibility is required. The license of any well construction contractor, ground heat exchanger contractor, or pump installation contractor who fails to maintain such financial responsibility lapses. A lapsed license may be reinstated upon the licensee's submission of current evidence of the required financial responsibility to the board and payment to the board of a reinstatement fee in the amount of one hundred dollars.
(5) The board shall charge an annual registration fee of ten dollars for each
well drilling rig, ground heat exchanger installation rig, and pump installation rig to be operated in the state.
(6) The board shall maintain a continuing education program in conjunction
with the Colorado water well contractors association or any analogous or successor organization.
Source: L. 67: p. 695, � 7. C.R.S. 1963: � 148-20-7. L. 79: (3) amended, p. 426,
� 19, effective July 1. L. 85: (2), (3), (4), and (5) amended and (3.5) and (3.7) added, p. 1185, � 9, effective July 1. L. 87: (2), (3), (3.7), and (4) amended, p. 491, � 42, effective July 1. L. 89: (2), (3), and (4) amended and (4.5) added, p. 1428, � 2, effective April 7. L. 2003: (1), (4), (4.5), and (5) amended and (6) added, p. 1679, � 7, effective May 14. L. 2025: (2), (3), (4), (4.5), (5), and (6) amended, (HB 25-1165), ch. 257, p. 1315, � 23, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-109
37-91-109. Further scope of article - orders - penalties. (1) (a) A well or ground heat exchanger shall not be located, constructed, repaired, or abandoned and pumping equipment shall not be installed or repaired contrary to this article 91 and applicable rules of the board adopted to effectuate the purposes of this article 91.
(b) The board may order a licensee, private driller, or private pump installer
to remedy any noncompliant installation, construction, or repair and may, pursuant to rules and after due notice and a hearing, impose penalties for noncompliance.
(c) This article 91 applies to:
(I) Any well or any pumping equipment that is not otherwise subject to
regulation under the laws of this state; and
(II) Any distribution, observation, monitoring, or dewatering of water from
any such well or pumping equipment; except that this article 91 does not apply to any distribution of water beyond the point of discharge from the pressure tank or to any distribution of water beyond the point of discharge from the pumping equipment if no pressure tank or an overhead pressure tank is employed.
(d) This article 91 applies to any ground heat exchanger that is not otherwise
subject to regulation under the laws of this state; except that this article 91 does not apply to any distribution of heat-transfer fluid beyond the point of transition between the ground heat exchanger piping or ground heat exchanger manifold and the distribution lines from the ground heat exchanger manifold.
(2) Only a licensed pump installation contractor may install a cistern or other
water storage tank between the wellhead and the pressure tank or downstream of the wellhead if no pressure tank is utilized.
Source: L. 67: p. 696, � 9. C.R.S. 1963: � 148-20-9. L. 85: Entire section
amended, p. 1187, � 12, effective July 1. L. 2003: Entire section amended, p. 1680, � 10, effective May 14. L. 2025: (1) amended, (HB 25-1165), ch. 257, p. 1318, � 25, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 37-91-111
37-91-111. Violations and penalties. (1) It is unlawful:
(a) For an individual to represent themself as a well construction contractor,
a ground heat exchanger contractor, or a pump installation contractor if the individual is not licensed under this article 91 or the individual's license has been suspended or revoked or has lapsed;
(b) For an individual who is not licensed under this article 91 to advertise or
issue any sign, card, or other device that indicates the individual is a well construction contractor, a ground heat exchanger contractor, or a pump installation contractor;
(c) For an individual who is not licensed or whose license is suspended to
construct wells unless the individual is a private driller or directly employed by or under the supervision of a licensed well construction contractor;
(d) For an individual who is not licensed or whose license is suspended to
install pumping equipment unless the individual is a private pump installer or directly employed by or under the supervision of a licensed pump installation contractor, except as described in section 37-91-106 (4);
(d.5) For an individual who is not licensed or whose license is suspended to
install a ground heat exchanger unless the individual is directly employed by or under the supervision of a licensed ground heat exchanger contractor, except as described in section 37-91-105 (8); or
(e) For an individual to otherwise violate this article 91.
(2) Any person who violates any provision of subsection (1) of this section
commits a petty offense.
(3) In addition to any penalty assessed pursuant to subsection (2) of this
section, a person who violates any provision of subsection (1) of this section is subject to a civil penalty assessed by the court of not less than one hundred dollars for each violation. All civil penalties collected under this subsection (3) shall be credited to the well inspection cash fund created in section 37-80-111.5.
Source: L. 67: p. 697, � 11. C.R.S. 1963: � 148-20-11. L. 85: Entire section
amended, p. 1188, � 14, effective July 1. L. 2003: (3) amended, p. 1681, � 11, effective May 14. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3292, � 680, effective March 1, 2022. L. 2025: (1) and (3) amended, (HB 25-1165), ch. 257, p. 1319, � 27, effective August 6.
Cross references: For the legislative declaration in HB 25-1165, see section 1
of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 38-12-1109
38-12-1109. Mobile home park act dispute resolution and enforcement program annual report. The division shall prepare an annual report that contains, at a minimum, the number of constituents contacted by the division in regard to the program, the number of complaints received under the program received by the division, the number of complaints under the program resolved by the division, a brief summary of the nature of the complaints under the program received by the division, how the complaints under the program received by the division were resolved, the number of administrative appeals under the program, a summary of any relevant court decisions relating to the program, and a summary of results of an annual constituent survey conducted by an independent contractor.
Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2638, � 9,
effective May 23.
C.R.S. § 38-12-212.3
38-12-212.3. Responsibilities of landlord - acts prohibited. (1) (a) Except as otherwise provided in this section:
(I) In any rental agreement, the landlord is deemed to covenant, warrant, and
maintain, throughout the period of the tenancy described in the rental agreement, premises that are safe, clean, fit for human habitation and reasonable use, and accessible to people with disabilities;
(II) A landlord is responsible for and shall pay the cost of the maintenance
and repair of any sewer lines, water lines, utility service lines, or related connections owned and provided by the landlord to the utility pedestal or pad space for a mobile home located in the park; and
(III) A landlord shall ensure that:
(A) All plumbing lines and other utility connections owned and provided by
the landlord to the utility pedestal or pad space for each mobile home in the park have plumbing and utility connections that conformed to applicable law in effect at the time they were installed and are maintained in good working order;
(B) Each pad space is connected to a sewage disposal system approved
under applicable law; and
(C) Running water and reasonable amounts of water are furnished at all
times to each utility pedestal or pad space; except that a landlord need not satisfy the conditions described in this subsection (1)(a)(III)(C) if a mobile home is individually metered and the tenant occupying the mobile home fails to pay for water services; the local government in which the mobile home park is situated shuts off water service to a mobile home for any reason; a third-party water provider shuts off water for the mobile home park for any reason that is unrelated to the landlord's actions or inactions; weather conditions present a likelihood that water pipes will freeze, water pipes to a mobile home are wrapped in heated pipe tape, and the utility company has shut off electrical service to a mobile home for any reason or the heat tape malfunctions for any reason; running water is not available for any other reason outside the landlord's control to prevent through reasonable and timely maintenance; or the landlord is making repairs or improvements to the items described in subsection (1)(a)(II) of this section, the landlord has provided reasonable advance notice to the mobile home residents of a service disruption that is required in connection with the repairs or improvements, and the service disruption continues for no longer than twenty-four hours.
(b) If a landlord fails to maintain or repair the items described in subsection
(1)(a)(II) or (2)(b) of this section:
(I) The landlord is responsible for and shall pay the cost of repairing any
damage to a mobile home or mobile home lot that results from the failure;
(II) The landlord is responsible for and shall pay the cost of providing
alternative sources of potable water reasonably sufficient for drinking and cooking no later than twelve hours after a service disruption begins and reasonably sufficient for bathing and all other essential hygiene for all members of the household no later than seventy-two hours after a service disruption begins and for maintaining portable toilets that are located reasonably near affected mobile homes in a manner that renders them accessible to people with disabilities no later than twelve hours after the service disruption begins unless conditions beyond the landlord's control reasonably prevent compliance with this subsection (1)(b)(II); and
(III) The landlord shall reimburse residents for any damages to their persons
or property, for any loss of use of their property, and for any expenses that they reasonably incur as a result of the failure.
(c) A landlord shall give a minimum of forty-eight hours' notice to residents if
water service will be disrupted for more than two hours for planned improvements, maintenance, or repairs. The landlord shall attempt to give a reasonable amount of notice to residents if water service will be disrupted for any other reasons unless conditions are such that providing the notice would result in property damage, health, or safety concerns or when conditions otherwise require emergency repair.
(d) In addition to the requirements of subsection (1)(b) of this section, a
landlord must also provide a resident with potable water reasonably sufficient for drinking, cooking, bathing, and all other essential hygiene within the time frames specified in subsection (1)(b)(II) of this section if the mobile home park or the resident or home owner's lot in the park is subject to a boil water advisory that was caused due to maintenance or repairs to the park performed or ordered by a park owner or a park owner's agent or contractor until the advisory has been rescinded by the issuing agency. A landlord shall also provide a notice, posted in a conspicuous place on each mobile home lot in both English and Spanish, of a boil water advisory as soon as possible but not later than twenty-four hours after the landlord receives the boil water advisory. Notices that are required to be reissued must also be posted in compliance with this subsection (1)(d).
(2) In addition to the responsibilities described in subsection (1)(a) of this
section, a landlord is responsible for:
(a) Any accessory buildings or structures, including sheds and carports, that
are owned by the landlord and provided for the use of the residents; and
(b) The premises, including:
(I) Maintaining all common areas in clean condition, good repair, and in
compliance with applicable health and safety laws; keeping common areas and facilities generally available for use by park residents; and keeping common areas accessible to people with disabilities;
(II) Maintaining roads, existing or constructed sidewalks, and other pavement
owned by the landlord in a passable, safe condition that is sufficient to provide access for residents' vehicles, emergency vehicles, vans providing transportation services to persons who are elderly or disabled, and school buses, if applicable, which maintenance includes ensuring adequate drainage, maintaining pavement above water lines, and snow removal for all roadways and for all pedestrian sidewalks and other pavements that provide access to mailboxes, public notice areas, and public buildings;
(III) Maintaining lot grades, regrading lots as necessary to prevent the
accumulation of stagnant water and the detrimental effects of moving water, and taking reasonably necessary steps to maintain the integrity of the foundation of each mobile home's utility pedestal or pad space in order to prevent structural damage to the mobile home, except in circumstances where the need for such maintenance is caused by a resident's actions;
(IV) Maintaining trees on the premises in a manner that protects the safety
of residents of the park and their property, including the preservation of healthy, mature trees that home owners reasonably expected to remain on the premises when they signed their rental agreements, so long as such preservation does not pose a safety risk to any person, property, or infrastructure; and
(V) Complying with the provisions of part 10 of article 8 of title 25.
(3) A landlord shall not require a resident to assume any of the
responsibilities described in subsection (1) or (2) of this section as a condition of tenancy in the park.
(4) Nothing in this section may be construed as:
(a) Limiting the liability of an individual for the cost of repairing any damage
caused by the individual to the landlord's property or other property located in the park; or
(b) Restricting a landlord from requiring a home owner or resident to comply
with rules and regulations of the park that are enforceable pursuant to section 38-12-214 or with terms of the rental agreement and any covenants binding upon the landlord or home owner or resident, including covenants running with the land that pertain to the cleanliness of the home owner's or resident's lot and routine lawn and yard maintenance and excluding major landscaping projects.
(5) A landlord shall establish and maintain an emergency contact number,
post the number in common areas of the park, and communicate the number to home owners and residents in each rental agreement and each revision of the park rules and regulations. A home owner or resident who uses the emergency contact number in a timely manner to report a problem with a condition described in subsection (1) or (2) of this section is deemed to have provided notice to the landlord of the problem.
(5.5) A landlord shall establish a unique mailing address and mailbox for
each mobile home park lot to provide access to United States mail service and shall include the mailing address in the rental agreement. The mailboxes provided under this section may be located in one or more common areas located within the park or on individual lots. The requirements of this subsection (5.5) do not apply if United States mail service is not available in the geographic area where the park is located.
(6) If a landlord fails to comply with the requirements of this section, a home
owner of the park may file a complaint with the division of housing pursuant to the Mobile Home Park Act Dispute Resolution and Enforcement Program created in section 38-12-1104. On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint. If the division finds by a written determination that the landlord has violated this section, the division may:
(a) Impose penalties, as described in section 38-12-1105 (5);
(b) Issue an order to cease and desist, as described in section 38-12-1105 (6);
(c) Require the landlord to reduce the rent owed by a home owner or resident
on a prorated basis to reflect the home owner's or resident's loss of use of the mobile home space; or
(d) Require the landlord to compensate a home owner or resident for housing
expenses on a per diem basis if the home owner or resident is displaced from the mobile home as a result of the landlord's violation.
Source: L. 91: Entire section added, p. 1679, � 1, effective April 19. L. 2010:
(1)(a)(I) and (1)(b) amended and (1)(c) added, (SB 10-156), ch. 343, p. 1589, � 8, effective July 1. L. 2020: Entire section amended, (HB 20-1196), ch. 195, p. 919, � 10, effective June 30. L. 2022: IP(1)(b), (1)(b)(II), (3), (4)(b), (5), IP(6), (6)(c), and (6)(d) amended, (HB 22-1287), ch. 255, p. 1861, � 11, effective October 1. L. 2023: (2)(b)(III) and (2)(b)(IV) amended and (2)(b)(V) added, (HB 23-1257), ch. 376, p. 2258, � 8, effective June 5. L. 2024: (1)(a)(III)(C), (1)(b)(II), and (2)(b)(II) amended and (1)(d) added, (HB 24-1294), ch. 399, p. 2735, � 9, effective June 4; (5.5) added, (HB 24-1294), ch. 399, p. 2735, � 9, effective June 30.
C.R.S. § 38-12-502
38-12-502. Definitions. As used in this part 5 and part 8 of this article 12, unless the context otherwise requires:
(1) Appliance means a refrigerator, range stove, oven, air conditioner,
permanent cooling device, or portable cooling device that is included within a residential premises by a landlord. Nothing in this part 5 requires a landlord to provide an appliance, and this part 5 applies to appliances solely to the extent that appliances are part of a written agreement between the landlord and the tenant or are otherwise actually provided to a tenant by the landlord at the inception of or during the tenancy for the duration of the rental agreement.
(2) Common areas means the facilities and appurtenances to a residential
premises, including the grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to a tenant.
(2.5) Disability has the same meaning as set forth in the federal
Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.
(3) Dwelling unit means a structure or the part of a structure that is used
as a home, residence, or sleeping place by a tenant.
(4) Repealed.
(4.5) Environmental public health event means a disaster or an
environmental event, such as a wildfire, a flood, or a release of toxic contaminants, that could create negative health and safety impacts or otherwise makes a residential premises uninhabitable, as described in section 38-12-505, for tenants that live in nearby residential premises.
(4.6) Extreme heat event means a day on which the national weather
service of the national oceanic and atmospheric administration has declared, predicted, or indicated that there is a heat advisory, excessive heat watch, or excessive heat warning for the county in which a residential premises is located.
(4.8) Hotel room means one or more rooms in a licensed or permitted
commercial lodging establishment.
(5) Landlord means the owner, manager, lessor, sublessor, successor in
interest, or agent of the owner of a residential premises.
(5.7) (a) Maintenance service means any service provided at a landlord's
expense for the purpose of generally maintaining, inspecting, repairing, or ensuring the upkeep and preservation of a residential premises.
(b) Maintenance service does not include a one-time or specialized third-party contractor who is not an agent of the landlord and only provides a limited or
expert service to a residential premises.
(6) Mold means microscopic organisms or fungi that can grow in damp
conditions in the interior of a building.
(6.3) Organizing means any lawful, concerted activity by a tenant or a
tenant's guest or an invitee for the purpose of mutual aid or establishing, supporting, or operating a tenants' association or similar organization or exercising any other right or remedy provided by law.
(6.5) (a) Portable cooling device means an air conditioner or evaporative
cooler, including devices mounted in a window or that are designed to sit on the floor.
(b) Portable cooling device does not include a permanent cooling device
where installation of the device requires permanent alteration to the dwelling unit.
(6.8) Remedial action means timely and good faith efforts to repair or
remedy an uninhabitable condition at a residential premises or dwelling unit and to mitigate any negative effect of the condition.
(7) Rental agreement means the agreement, written or oral, embodying the
terms and conditions concerning the use and occupancy of a residential premises.
(8) Residential premises means a dwelling unit, the structure of which the
unit is a part, and the common areas.
(9) (a) Tenant means an individual entitled under a rental agreement to
occupy a dwelling unit to the exclusion of others.
(b) Tenant includes any member of a tenant's household, including any
individual who has a right to occupy the dwelling unit with the tenant under any local, state, or federal law; the rental agreement; or any separate agreement with the landlord or any individual who otherwise has explicit or implicit permission from the landlord to occupy the dwelling unit.
(10) Repealed.
(11) (a) Written, writing, or in writing means any record conveying
information in a form that may be retained by the recipient or sender or that is capable of being displayed in visual text in a form the individual may retain, including paper, electronic, and digital.
(b) Written, writing, or in writing, as defined in subsection (11)(a) of this
section, applies only to this part 5 and does not apply to the written notice or demand requirements in article 40 of title 13.
Source: L. 2008: Entire part added, p. 1820, � 3, effective September 1. L.
2018: IP amended, (SB 18-010), ch. 61, p. 608, � 1, effective August 8. L. 2019: Entire section amended, (HB 19-1170), ch. 229, p. 2305, � 2, effective August 2. L. 2023: (4.5) and (10) added, (HB 23-1254), ch. 169, p. 825, � 2, effective May 12. L. 2024: (1), (4.5), (5), and (9) amended, (2.5), (4.6), (4.8), (5.7), (6.3), (6.5), (6.8), and (11) added, and (4) and (10) repealed, (SB 24-094), ch. 158, p. 702, � 2, effective May 3.
Cross references: For the legislative declaration in HB 23-1254, see section 1
of chapter 169, Session Laws of Colorado 2023.
C.R.S. § 38-12-503
38-12-503. Warranty of habitability - notice - landlord obligations. (1) In every rental agreement, the landlord is deemed to warrant that the residential premises is fit for human habitation at the inception of the tenant's occupancy and that the landlord will maintain the residential premises as fit for human habitation throughout the entire period that the tenant lawfully occupies the residential premises or dwelling unit.
(2) A landlord breaches the warranty of habitability set forth in subsection (1)
of this section if:
(a) A residential premises is:
(I) Uninhabitable as described in section 38-12-505; or
(II) In a condition that materially interferes with the tenant's life, health, or
safety; and
(b) The landlord has notice, as described in subsection (3)(e) of this section,
of the condition described in subsection (2)(a) of this section and:
(I) Has failed to commence remedial action in accordance with subsection (4)
of this section within the following period after having notice:
(A) Twenty-four hours, where the condition materially interferes with the
tenant's life, health, or safety; or
(B) Seventy-two hours, where the residential premises are uninhabitable as
described in section 38-12-505 or otherwise;
(II) Has commenced remedial action, in accordance with subsection (4) of
this section, within the period described in subsection (2)(b)(I) of this section, but failed to continue performing the remedial action as needed until the condition was remedied or repaired;
(III) Has failed to completely remedy or repair the condition within a
reasonable time after commencing remedial action;
(IV) Has failed to comply with subsection (8) of this section concerning a
residential premises that has been damaged due to an environmental public health event; or
(V) Leases a residential premises to a tenant and the residential premises is
in an uninhabitable condition at the inception of the tenant's occupancy.
(3) (a) There is a rebuttable presumption that a landlord has failed to
commence remedial action, continue performing remedial action, or completely remedy or repair a condition that renders the residential premises uninhabitable within a reasonable time if the tenant establishes that the residential premises is uninhabitable, as described in subsection (2)(a) of this section, the tenant establishes that the landlord has notice of the uninhabitable condition, as described in subsection (3)(e) of this section, and:
(I) The landlord has failed to communicate with the tenant after having
notice of a condition within the time frame required under subsection (6) of this section; or
(II) The condition continues to exist:
(A) Fourteen calendar days after the landlord received notice of the
condition, where the residential premises are uninhabitable as described in section 38-12-505 or otherwise; or
(B) Seven calendar days after the landlord received notice of the condition,
where the condition materially interferes with the tenant's life, health, or safety.
(b) (I) A landlord may rebut the presumption described in subsection (3)(a) of
this section by establishing, by a preponderance of the evidence, that:
(A) The landlord commenced and continued performing remedial action but
the condition could not be completely remedied or repaired due to circumstances outside the landlord's reasonable control;
(B) Remedial action would require entry to the tenant's dwelling unit and the
tenant unreasonably denied the landlord entry to the dwelling unit; or
(C) The tenant engaged in conduct that unreasonably delayed or otherwise
prevented the landlord from commencing remedial action within the time period described in subsection (2)(b)(I) of this section, from continuing to perform remedial action, or from completely remedying or repairing the condition within a reasonable time.
(II) A tenant otherwise has the burden of proof to establish a breach of the
warranty of habitability.
(c) Notwithstanding the circumstances described in subsection (3)(b)(I) of
this section, a landlord must reasonably continue to make efforts to commence or continue performing remedial action to remedy or repair a condition that renders the tenant's residential premises uninhabitable and for which the landlord has notice. These efforts to commence or continue performing remedial action shall include prompt correspondence and good faith cooperation with the tenant and may require prompt correspondence and good faith cooperation with maintenance staff, third-party contractors, a government official, or any other person whose involvement is necessary to remedy or repair the condition.
(d) If a tenant denies entry to the dwelling unit and entry to the dwelling unit
is necessary to commence or continue performing remedial action, the presumptive time periods described in subsection (3)(a)(II) of this section are tolled until the date that the tenant proposes as a reasonable alternative date and time for entry or another date and time that the landlord proposes and to which the tenant agrees in accordance with subsection (6)(b) of this section.
(e) A landlord has notice of a condition described in subsection (2)(a) of this
section if there is any writing that provides a basis for the landlord to substantially know that the condition exists or may exist, including:
(I) Written notice from a governmental entity regarding the condition;
(II) Written notice from a third party regarding the condition;
(III) Written notice from a tenant concerning a condition that may affect
multiple tenants;
(IV) A tenant's written correspondence with maintenance staff or a
maintenance service provided by the landlord, including a maintenance service provided by a third party;
(V) Written observations or written reports that the landlord has obtained
personally, directly, or indirectly; or
(VI) Written notice from the tenant regarding the condition, which notice is
sent in a manner that the landlord typically uses to communicate with the tenant.
(f) (I) Any notice provided by a tenant is sufficient if the notice is provided to
the landlord in a manner that is required or permitted by the rental agreement or by any property rules or regulations pertaining to the tenancy or residential premises.
(II) A rental agreement or property rule or regulation pertaining to a tenancy
or residential premises that states that a tenant may or must give notice of an uninhabitable condition to the landlord verbally waives the landlord's right to receive written notice under subsection (3)(e) of this section.
(4) (a) (I) Upon having notice of a condition described in subsection (2)(a) of
this section, a landlord shall commence remedial action within the time period described in subsection (2)(b) of this section unless the circumstances described in subsection (3)(b)(I) of this section prevented the landlord from commencing remedial action.
(II) If the condition materially interferes with the tenant's life, health, or
safety or is a condition described in section 38-12-505 (4)(l), remedial action must include a landlord providing the tenant, at the request of the tenant and within twenty-four hours after the tenant's request:
(A) A comparable dwelling unit, as selected by the landlord, at no cost to the
tenant; or
(B) A hotel room, as selected by the landlord, at no cost to the tenant.
(b) (I) A comparable dwelling unit or hotel room must include at least the
same number of beds as there are beds used in a tenant's dwelling unit.
(II) If a tenant requires a comparable dwelling unit or hotel room for more
than forty-eight hours:
(A) The comparable dwelling unit or hotel room must include a refrigerator
with a freezer and a range stove or oven; or
(B) The landlord must provide a per diem for daily meals and incidentals for
each tenant in an amount that is at least equal to the Colorado state employee per diem for intrastate travel as established by the department of personnel. The landlord must provide the per diem to the tenant at the time the landlord reasonably expects the tenant to be in a comparable dwelling unit or hotel room for more than forty-eight hours and for every twenty-four-hour period thereafter.
(III) (A) A comparable dwelling unit or hotel room must be habitable,
accessible to an individual with disabilities if the tenant has a disability, and located within five miles of the tenant's dwelling unit, unless the tenant consents at the time of the request or after the request to a comparable dwelling unit or hotel room that is further than five miles from the tenant's dwelling unit.
(B) The landlord may select a comparable dwelling unit or hotel room that is
further than five miles but less than ten miles from the tenant's dwelling unit if the comparable dwelling unit or hotel room that is further away from the tenant's dwelling unit is substantially less expensive than other options that are available within five miles of the tenant's dwelling unit.
(C) If a comparable dwelling unit or hotel room within five or ten miles of the
tenant's dwelling unit is not available for the tenant's use in accordance with subsections (4)(b)(III)(A) and (4)(b)(III)(B) of this section, the landlord must select the nearest available comparable dwelling unit or hotel room.
(IV) If a tenant is relocated pursuant to subsection (4)(a) of this section, a
landlord is required to pay for only the following expenses that arise from relocating the tenant:
(A) A per diem allowance pursuant to subsection (4)(b)(II)(B) of this section;
and
(B) Reasonable costs that are incurred due to the tenant's relocation,
including storage and transportation costs.
(V) A relocated tenant remains responsible for any portion of the rent
payment owed under the rental agreement during the period of any temporary relocation and for the remainder of the term of the rental agreement following remediation.
(c) If a tenant is provided a hotel room due to a condition described in
subsection (4)(a)(II) of this section and the condition cannot be remedied or repaired within sixty consecutive days due to circumstances outside the landlord's reasonable control, the landlord is required to provide the hotel room to the tenant for only up to sixty consecutive days. The landlord is relieved of the landlord's obligation to provide hotel accommodations to the tenant if the landlord:
(I) Determines that the condition at the residential premises cannot be
remedied or repaired within sixty consecutive days due to circumstances outside the landlord's reasonable control;
(II) Provides the tenant, at the earliest opportunity, written notice that
specifies:
(A) That the uninhabitable condition at the residential premises cannot be
remedied or repaired to a condition that no longer materially interferes with a tenant's life, health, or safety within sixty consecutive days from the start of the tenant's hotel stay;
(B) The date that the tenant's hotel accommodations will no longer be
provided to the tenant at the landlord's expense, which date must be no earlier than sixty consecutive days after the start of the tenant's hotel stay at the landlord's expense; and
(C) That the tenant may terminate their rental agreement with no liability or
financial penalty to the tenant; and
(III) Returns to the tenant the tenant's full security deposit on or before the
date that the landlord provides the tenant notice in accordance with subsection (4)(c)(II) of this section.
(5) (a) A landlord shall maintain accurate and complete records of all written
notices and correspondence, as described in subsection (3)(e) of this section, and all documentation relevant to any uninhabitable condition or remedial action taken to remedy or repair a condition that renders a tenant's dwelling unit uninhabitable.
(b) A landlord must maintain the records described in subsection (5)(a) of
this section for the entire period of the tenant's occupancy of the dwelling unit and for at least three years thereafter.
(c) A landlord shall provide to a tenant, upon request by the tenant, any
record, notice, correspondence, or other documentation related to a condition or remedial action within ten calendar days after the tenant's request.
(6) (a) A landlord that has notice of a condition described in subsection (2)(a)
of this section shall:
(I) Contact the tenant not more than twenty-four hours after receiving the
notice; except that a landlord may take up to seventy-two hours to contact the tenant after the landlord has notice that the residential premises is inaccessible because of an environmental public health event. The communication must indicate the landlord's intentions to remedy or repair the condition, including an estimate of when the remedial action will commence and when it will be completed.
(II) Inform the tenant of the landlord's responsibilities under subsection (4) of
this section, including the landlord's obligation to provide the tenant a comparable dwelling unit or hotel room at no cost to the tenant; and
(III) Provide the tenant with written notice at least twenty-four hours in
advance of entry to the dwelling unit if entry to the dwelling unit is necessary to commence or maintain remedial action; except that the landlord is not required to provide advance notice when the condition materially and imminently threatens an individual's life, health, or safety or when the condition poses an active and ongoing threat of causing, and, without immediate remediation, would cause, substantial and material damage to the residential premises.
(b) (I) A landlord shall provide the date and time the landlord intends to enter
a tenant's dwelling unit and a reasonable estimate of the duration the landlord, or any other party acting on behalf of the landlord, will need to be in the tenant's dwelling unit.
(II) Except as provided in subsection (6)(a)(III) of this section, a tenant may
reasonably deny entry to the dwelling unit at the date and time the landlord requests entry. The landlord must then propose and the tenant may accept or propose a reasonable alternative date and time for the landlord to enter the tenant's dwelling unit.
(III) A tenant may permit the landlord to enter the dwelling unit with less
than twenty-four hours advance notice.
(7) A landlord that has notice of a condition, as described in subsection (2)(a)
of this section, at the tenant's dwelling unit or the residential premises is responsible for remedying and repairing the dwelling unit or residential premises to a habitable standard at the landlord's expense, except as described in subsection (9) of this section.
(8) (a) A landlord that has notice of a condition, as described in subsection
(2)(a) of this section, at a residential premises that has been damaged due to an environmental public health event shall comply with the standards described in section 38-12-505 (1)(b)(XIII) within a reasonable amount of time given the condition of the premises and at the landlord's expense.
(b) Once a governmental entity, government official, law enforcement
officer, or public safety officer deems a tenant's dwelling unit safe for reentry after an environmental public health event, the landlord must grant the tenant or tenant's representative access to the dwelling unit for the purposes of retrieving the tenant's personal property, even if the residential premises that includes the tenant's dwelling unit is considered uninhabitable under this section.
(c) A landlord that has remedied or repaired a residential premises to a
habitable standard following an environmental public health event shall provide the tenant with documentation that demonstrates compliance with the standards described in section 38-12-505 (1)(b)(XIII).
(d) A landlord's submission of an insurance claim for an uninhabitable or a
contaminated residential premises after the landlord has notice of a condition that renders the residential premises uninhabitable after an environmental public health event is not considered evidence of remediation.
(9) When a condition described in subsection (2)(a) of this section is
substantially caused by the misconduct of the tenant, a member of the tenant's household, a guest or an invitee of the tenant, or a person under the tenant's direction or control, the condition does not constitute a basis for a breach of the warranty of habitability under subsection (2) of this section. It is not misconduct under this subsection (9) by a victim of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking if the condition is the result of domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking and the landlord has notice at any time of the domestic violence; domestic abuse; unlawful sexual behavior, as described in section 16-22-102 (9); or stalking, as described in section 38-12-402 (2)(a).
(10) Except as set forth in this part 5, any agreement waiving or modifying
any right, remedy, obligation, or prohibition provided in this part 5 is void as contrary to public policy.
(11) A landlord may terminate a rental agreement, if permitted by the rental
agreement and without further liability to the landlord or tenant, if the residential premises is damaged as a result of a sudden environmental public health event or an action taken by a governmental authority that renders continued occupancy of the residential premises impossible or unlawful and:
(a) The landlord was not already in breach of the warranty of habitability
prior to the sudden environmental public health event or government action;
(b) It would be impracticable for the landlord to remedy or repair the
residential premises into compliance with the warranty of habitability due to the sudden environmental public health event or government action;
(c) The landlord gives a minimum of thirty days' written notice to the tenant
concerning the termination of the rental agreement due to the sudden environmental public health event or government action and complies with all landlord obligations under this part 5 through the date of termination;
(d) The landlord grants the tenant or tenant's representative access to the
tenant's dwelling unit for the purpose of retrieving the tenant's personal property prior to the termination of the rental agreement; except that, if it is unsafe to enter the dwelling unit prior to termination of the rental agreement, the landlord shall agree in a signed writing to grant the tenant or tenant's representative access to the dwelling unit to retrieve personal property at the earliest possible time that it is safe to do so;
(e) Notwithstanding section 38-12-103, the landlord returns the tenant's
security deposit prior to or on the date of the termination of the rental agreement; and
(f) The landlord provides a prorated discount or refund for any portion of rent
paid during the time that the dwelling unit is uninhabitable and for which a comparable dwelling unit or hotel room was not provided to the tenant.
(12) (a) Unless the circumstances described in subsection (3)(b)(I) of this
section prevented a landlord from commencing remedial action, the landlord shall commence remedial action within the period described in subsection (2)(b) of this section upon having notice of:
(I) Mold associated with dampness in a dwelling unit; or
(II) Any other condition causing the residential premises to be damp, which
condition, if unremedied or unrepaired, could create mold or would materially interfere with the life, health, or safety of a tenant.
(b) The remedial action required pursuant to subsection (12)(a) of this section
must include performing all of the following applicable tasks within a reasonable amount of time:
(I) Mitigating immediate risk from mold by installing a containment, stopping
active sources of water contributing to the mold, installing a high-efficiency particulate air filtration device to reduce a tenant's exposure to mold, and performing all of these tasks within seventy-two hours after receiving notice of the condition;
(II) Maintaining the containment described in subsection (12)(b)(I) of this
section throughout the remediation and repair process;
(III) Establishing any additional protections for workers and occupants that
may be appropriate given the condition;
(IV) Eliminating or limiting moisture sources and drying all materials
impacted by the mold or dampness;
(V) Decontaminating or removing materials damaged by mold or dampness;
(VI) Evaluating whether the residential premises has been successfully
remediated, including post-remediation testing for the existence of mold; and
(VII) Reassembling the residential premises to control sources of moisture to
prevent or limit the recurrence of mold or dampness.
(c) If the condition described in subsection (12)(a) of this section would
interfere with the tenant's life, health, or safety, the landlord must provide, at the request of the tenant, a comparable dwelling unit or hotel room in accordance with subsection (4) of this section.
(13) (a) A landlord shall not require a tenant to submit an insurance claim
with the tenant's rental insurance carrier to cover a cost or expense related to remedial action that the landlord is responsible for paying under this part 5.
(b) A landlord is prohibited from filing a claim with a tenant's rental
insurance carrier to cover a cost or expense related to remedial action that the landlord is responsible for paying under this part 5 without express written permission from the tenant provided at the time the claim is submitted.
(14) A landlord shall hire a professional, as defined in section 38-12-104 (3),
to remedy or repair a hazardous condition related to gas piping, gas facilities, gas appliances, or other gas equipment at a residential premises.
Source: L. 2008: Entire part added, p. 1821, � 3, effective September 1. L.
2017: (3) amended, (HB 17-1035), ch. 276, p. 1515, � 2, effective June 1. L. 2019: (2), (3), and (4) amended and (2.2), (2.3), and (2.5) added, (HB 19-1170), ch. 229, p. 2306, � 3, effective August 2. L. 2023: (2)(a), (2.3), (2.5), and IP(4)(a) amended and (2.7) added, (HB 23-1254), ch. 169, p. 825, � 3, effective May 12; IP(2) amended and (2.4) added, (SB 23-206), ch. 356, p. 2138, � 4, effective August 7. L. 2024: Entire section R&RE, (SB 24-094), ch. 158, p. 704, � 3, effective May 3.
Cross references: For the legislative declaration in SB 23-206, see section 1
of chapter 356, Session Laws of Colorado 2023. For the legislative declaration in HB 23-1254, see section 1 of chapter 169, Session Laws of Colorado 2023.
C.R.S. § 38-12-511
38-12-511. Application. (1) Unless created to avoid its application, this part 5 shall not apply to any of the following arrangements:
(a) Residence at a public or private institution, if such residence is incidental
to detention or the provision of medical, geriatric, education, counseling, religious, or similar service;
(b) Occupancy under a contract of sale of a dwelling unit or the property of
which it is a part, if the occupant is the purchaser, seller, or a person who succeeds to the occupant's interest; except that this subsection (1)(b) does not apply to a tenant occupying a dwelling unit under a lease-to-own contract;
(c) Occupancy by a member of a fraternal or social organization in the
portion of a structure operated for the benefit of the organization;
(d) Transient occupancy in a hotel or motel that lasts less than thirty days;
(e) Occupancy by an employee or independent contractor whose right to
occupancy is conditional upon performance of services for an employer or contractor;
(f) Occupancy by an owner of a condominium unit or a holder of a proprietary
lease in a cooperative;
(g) Occupancy in a structure that is located within an unincorporated area of
a county, does not receive water, heat, and sewer services from a public entity, and is rented for recreational purposes, such as a hunting cabin, yurt, hut, or other similar structure;
(h) Occupancy under rental agreement covering a residential premises used
by the occupant primarily for agricultural purposes; or
(i) Any relationship between the owner of a mobile home park and the owner
of a mobile home situated in the park.
(2) Nothing in this part 5 shall be construed to limit remedies available
elsewhere in law for a tenant to seek to maintain safe and sanitary housing.
(3) Except as described in subsection (1) of this section, this part 5 applies to
all residential premises occupied by a tenant regardless of how the tenancy, rental agreement, or housing arrangement is denominated.
(4) A claim, counterclaim, or action brought under this part 5 shall not have
any preclusive effect on a tenant's ability to assert other claims in a subsequent action against the landlord for the same injury or arising from the same subject matter or transaction.
Source: L. 2008: Entire part added, p. 1827, � 3, effective September 1. L.
2024: (1)(b) and (2) amended and (3) and (4) added, (SB 24-094), ch. 158, p. 727, � 10, effective May 3.
C.R.S. § 38-12-601
38-12-601. Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions. (1) Notwithstanding any provision in the lease to the contrary, and subject to subsection (2) of this section:
(a) A tenant may install, at the tenant's expense for the tenant's own use, a
level 1 or level 2 electric vehicle charging system on or in:
(I) The leased premises;
(II) An assigned or deeded parking space that is part of or assigned to the
leased premises; or
(III) A parking space that is accessible to both the tenant and other tenants;
(b) A landlord shall not assess or charge a tenant any fee for the placement
or use of an electric vehicle charging system; except that:
(I) The landlord may require reimbursement for the actual cost of electricity
provided by the landlord that was used by the charging system or, alternatively, may charge a reasonable fee for access. If the charging system is part of a network for which a network fee is charged, the landlord's reimbursement may include the amount of the network fee. Nothing in this section requires a landlord to impose upon a tenant any fee or charge other than the rental payments specified in the lease.
(II) The landlord may require reimbursement for the cost of the installation of
the charging system, including any additions or upgrades to existing wiring directly attributable to the requirements of the charging system, if the landlord places or causes the electric vehicle charging system to be placed at the request of the tenant; and
(III) If the tenant desires to place an electric vehicle charging system in an
area accessible to other tenants, the landlord may assess or charge the tenant a reasonable fee to reserve a specific parking spot in which to install the charging system.
(c) A landlord shall not restrict parking based on a vehicle being a plug-in
hybrid vehicle or plug-in electric vehicle.
(2) A landlord may require a tenant to comply with:
(a) Bona fide safety requirements, consistent with an applicable building
code or recognized safety standard, for the protection of persons and property;
(b) A requirement that the charging system be registered with the landlord
within thirty days after installation; or
(c) Reasonable aesthetic provisions that govern the dimensions, placement,
or external appearance of an electric vehicle charging system.
(3) A tenant may place an electric vehicle charging system in an area
accessible to other tenants if:
(a) The charging system is in compliance with all applicable requirements
adopted pursuant to subsection (2) of this section; and
(b) The tenant agrees in writing to:
(I) Comply with the landlord's design specifications for the installation of the
charging system;
(II) Engage the services of a duly licensed and registered electrical
contractor familiar with the installation and code requirements of an electric vehicle charging system; and
(III) (A) Provide, within fourteen days after receiving the landlord's consent
for the installation, a certificate of insurance naming the landlord as an additional insured on the tenant's renters' insurance policy for any claim related to the installation, maintenance, or use of the system or, at the landlord's option, reimbursement to the landlord for the actual cost of any increased insurance premium amount attributable to the system, notwithstanding any provision to the contrary in the lease.
(B) A certificate of insurance under sub-subparagraph (A) of this
subparagraph (III) must be provided within fourteen days after the tenant receives the landlord's consent for the installation. Reimbursement for an increased insurance premium amount under sub-subparagraph (A) of this subparagraph (III) must be provided within fourteen days after the tenant receives the landlord's invoice for the amount attributable to the system.
(4) If the landlord consents to a tenant's installation of an electric vehicle
charging system on property accessible to other tenants, including a parking space, carport, or garage stall, then, unless otherwise specified in a written agreement with the landlord:
(a) The tenant, and each successive tenant with exclusive rights to the area
where the charging system is installed, is responsible for any costs for damages to the charging system and to any other property of the landlord or of another tenant that arise or result from the installation, maintenance, repair, removal, or replacement of the charging system;
(b) Each successive tenant with exclusive rights to the area where the
charging system is installed shall assume responsibility for the repair, maintenance, removal, and replacement of the charging system until the system has been removed;
(c) The tenant and each successive tenant with exclusive rights to the area
where the system is installed shall at all times have and maintain an insurance policy covering the obligations of the tenant under this subsection (4) and shall name the landlord as an additional insured under the policy; and
(d) The tenant and each successive tenant with exclusive rights to the area
where the system is installed is responsible for removing the system if reasonably necessary or convenient for the repair, maintenance, or replacement of any property of the landlord, whether or not leased to another tenant.
(5) A charging system installed at the tenant's cost is property of the tenant.
Upon termination of the lease, if the charging system is removable, the tenant may either remove it or sell it to the landlord or another tenant for an agreed price. Nothing in this subsection (5) requires the landlord or another tenant to purchase the charging system.
(6) As used in this section:
(a) Electric vehicle charging system or charging system means a device
that is used to provide electricity to a plug-in electric vehicle or plug-in hybrid vehicle, is designed to ensure that a safe connection has been made between the electric grid and the vehicle, and is able to communicate with the vehicle's control system so that electricity flows at an appropriate voltage and current level. An electric vehicle charging system may be wall-mounted or pedestal style and may provide multiple cords to connect with electric vehicles. An electric vehicle charging system must be certified by underwriters laboratories or an equivalent certification and must comply with the current version of article 625 of the national electrical code.
(b) Level 1 means a charging system that provides charging through a one-hundred-twenty volt AC plug with a cord connector that meets the SAE
international J1772 standard or a successor standard.
(c) Level 2 means a charging system that provides charging through a two-hundred-eight to two-hundred-forty volt AC plug with a cord connector that meets
the SAE international J1772 standard or a successor standard.
(7) This section applies to residential rental properties and commercial
rental properties.
Source: L. 2013: Entire part added, (SB 13-126), ch. 165, p. 532, � 1, effective
May 3. L. 2023: (1)(a) and (7) amended and (1)(c) added (HB 23-1233), ch. 245, p. 1319, � 3, effective May 23.
Cross references: For the legislative declaration in HB 23-1233, see section 1
of chapter 245, Session Laws of Colorado 2023.
PART 7
NOTICE OF RENT INCREASE
C.R.S. § 38-12-902
38-12-902. Definitions. As used in this part 9, unless the context otherwise requires:
(1) Amount of income means a tenant's or prospective tenant's income
from salaries, wages, commissions, payments received as an independent contractor, bonuses, or a housing subsidy or derived from any other public or private source and includes all of a tenant's or prospective tenant's cash assets.
(1.2) Consumer report has the meaning set forth in section 5-18-103 (3).
(1.3) Consumer reporting agency has the meaning set forth in section 5-18-103 (4).
(1.5) Dwelling unit means a structure or the part of a structure that is used
as a home, residence, or sleeping place.
(1.7) Housing subsidy means any portion of a rental payment that is derived
from a public or private assistance, grant, or loan program and that is paid by the program directly, indirectly, or on behalf of a tenant to a landlord.
(2) Landlord means the owner, manager, lessor, or sublessor of a dwelling
unit.
(2.5) Portable tenant screening report or screening report means a
consumer report prepared at the request of a prospective tenant that includes information provided by a consumer reporting agency, which report includes the following information about a prospective tenant and the date through which the information contained in the report is current:
(a) Name;
(b) Contact information;
(c) Verification of employment and income;
(d) Last-known address;
(e) For each jurisdiction indicated in the consumer report as a prior residence
of the prospective tenant, regardless of whether the residence is reported by the prospective tenant or by the consumer reporting agency preparing the consumer report:
(I) [Editor's note: This version of subsection (2.5)(e)(I) is effective until
January 1, 2026.] A rental and credit history report for the prospective tenant that complies with section 38-12-904 (1)(a) concerning a landlord's consideration of a prospective tenant's rental history; and
(I) [Editor's note: This version of subsection (2.5)(e)(I) is effective January 1,
2026.] A rental and credit history report for the prospective tenant that complies with section 38-12-904 concerning a landlord's consideration of a prospective tenant's rental history; except that a credit history report, a credit score, or an adverse credit event is not required to be included in a portable tenant screening report concerning a prospective tenant who is seeking to rent with the assistance of a housing subsidy; and
(II) A criminal history record check for all federal, state, and local convictions
of the prospective tenant that complies with section 38-12-904 (1)(b) concerning a landlord's consideration of a prospective tenant's arrest records.
(3) Rental agreement means any agreement, written or oral, between a
landlord and a tenant embodying the terms and conditions concerning the use and occupancy of a dwelling unit.
(4) Rental application means any information, written or oral, submitted to
a landlord by a prospective tenant for the purpose of entering into a rental agreement. Rental application includes a portable tenant screening report.
(5) Rental application fee means any sum of money, however denominated,
that is charged or accepted by a landlord from a prospective tenant in connection with the prospective tenant's submission of a rental application or any nonrefundable fee that precedes the onset of tenancy. Rental application fee does not include a refundable security deposit or any rent that is paid before the onset of tenancy.
(6) Tenant means a person entitled under a rental agreement to occupy a
dwelling unit to the exclusion of others.
Source: L. 2019: Entire part added, (HB 19-1106), ch. 129, p. 581, � 1, effective
August 2. L. 2023: (1) amended and (1.5) and (1.7) added, (SB 23-184), ch. 402, p. 2412, � 2, effective August 7; (1) and (4) amended and (1.3), (1.7), and (2.5) added, (HB 23-1099), ch. 151, p. 638, � 1, effective August 7. L. 2025: (2.5)(e)(I) amended, (HB 25-1236), ch. 399, p. 2259, � 1, effective January 1, 2026.
Editor's note: (1) Subsection (1.2) was numbered as (1) in HB 23-1099 but has
been renumbered on revision for ease of location. Subsection (1.5) was numbered as (1.7) in HB 23-1099 but has been renumbered on revision for ease of location.
(2) Section 3 of chapter 399 (HB 25-1236), Session Laws of Colorado 2025,
provides that the act changing this section applies to rental applications submitted on or after January 1, 2026.
C.R.S. § 38-13-1009
38-13-1009. Administrator's contract with another to conduct examination - definition. (1) In this section, related to the administrator refers to an individual who is:
(a) The administrator's spouse, partner in a civil union, domestic partner, or
reciprocal beneficiary;
(b) The administrator's child, stepchild, grandchild, parent, stepparent,
sibling, stepsibling, half-sibling, aunt, uncle, niece, or nephew;
(c) A spouse, partner in a civil union, domestic partner, or reciprocal
beneficiary of an individual listed in subsection (1)(b) of this section; or
(d) Any individual residing in the administrator's household.
(2) The administrator may contract with a person to conduct an examination
under this part 10. The contract may be awarded only under the Procurement Code, articles 101 to 112 of title 24.
(3) If the person with which the administrator contracts under subsection (2)
of this section is:
(a) An individual, the individual must not be related to the administrator; or
(b) A business entity, the entity must not be owned in whole or in part by the
administrator or an individual related to the administrator.
(4) At least sixty days before assigning a person under contract with the
administrator under subsection (2) of this section to conduct an examination, the administrator shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.
(5) If the administrator contracts with a person under subsection (2) of this
section:
(a) The contract may provide for compensation of the person based on a
fixed fee, hourly fee, or contingent fee;
(b) A contingent fee arrangement must include a provision that:
(I) Requires the person under contract with the administrator, upon
completion of the examination, to provide the administrator with a statement of the amount of the contingent fee, the hours spent on the examination, and the average hourly rate for services provided by the person based on the contingent fee; and
(II) Specifies an alternative hourly rate, not to exceed five hundred dollars
per hour, at which the person under contract with the administrator is compensated in the event that the statement provided by the person under subsection (5)(b)(I) of this section indicates an average hourly rate for the examination of more than five hundred dollars per hour;
(c) A contingent fee arrangement must not provide for a payment that
exceeds twelve percent of the amount or value of property paid or delivered as a result of the examination; and
(d) On request by a person subject to examination by a contractor, the
administrator shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.
(6) A contract under subsection (2) of this section is subject to public
disclosure without redaction under the Colorado Open Records Act, part 2 of article 72 of title 24.
Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 448, � 1,
effective July 1, 2020.
C.R.S. § 38-13-1010
38-13-1010. Limit on future employment. The administrator or an individual employed by the administrator who participates in, recommends, or approves the award of a contract under section 38-13-1009 (2) on or after July 1, 2020, must not be employed by, contracted with, or compensated in any capacity by the contractor or an affiliate of the contractor for two years after the latest of participation in, recommendation of, or approval of the award or conclusion of the contract.
Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 449, � 1,
effective July 1, 2020.
C.R.S. § 38-13-102
38-13-102. Definitions. As used in this article 13, unless the context otherwise requires:
(1) Administrator means the state treasurer.
(2) Administrator's agent means a person with whom the administrator
contracts to conduct an examination under part 10 of this article 13 on behalf of the administrator. The term includes an independent contractor of the person and each individual participating in the examination on behalf of the person or contractor.
(3) Apparent owner means a person whose name appears on the records of
a holder as the owner of property held, issued, or owing by the holder.
(4) Business association means an entity as defined in section 7-90-102
(20), but does not include an investment company registered under the federal Investment Company Act of 1940, as amended, 15 U.S.C. secs. 80a-1 to 80a-64.
(5) Confidential information means records, reports, and information that
are confidential under section 38-13-1402.
(5.5) Cryptocurrency means a digital currency in which transactions are
verified and records are maintained by a decentralized system using a blockchain rather than by a centralized authority.
(6) Domicile means:
(a) For a corporation, the state of its incorporation;
(b) For a business association whose formation requires a filing with a state,
other than a corporation, the state of its filing;
(c) For a federally chartered entity or an investment company registered
under the federal Investment Company Act of 1940, as amended, 15 U.S.C. secs. 80a-1 to 80a-64, the state of its home office; and
(d) For any other holder, the state of its principal place of business.
(7) Electronic means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
(8) Electronic mail means any communication of information by electronic
means that is automatically retained and stored and may be readily accessed or retrieved.
(9) Financial organization means a savings and loan association, building
and loan association, savings bank, industrial bank, bank, banking organization, or credit union.
(9.5) Financial organization loyalty card means a record given with or
without direct monetary consideration, under an award, reward, benefit, loyalty, incentive, rebate, or promotional program established by a financial organization for purposes of rewarding a relationship with the sponsoring entity. The term includes a record that may be monetized.
(10) Game-related digital content means digital content that exists only in
an electronic game or electronic-game platform. The term:
(a) Includes:
(I) Game-play currency such as a virtual wallet, even if denominated in
United States currency; and
(II) The following if for use or redemption only within that game or platform
or another electronic game or electronic-game platform:
(A) Points sometimes referred to as gems, tokens, gold, and similar names;
and
(B) Digital codes; and
(b) Does not include an item that the issuer:
(I) Permits to be redeemed for use outside of a game or platform for:
(A) Money; or
(B) Goods or services that have more than minimal value; or
(II) Otherwise monetizes for use outside of a game or platform.
(11) Gift card:
(a) Means a stored-value card:
(I) The value of which does not expire;
(II) That may be decreased in value only by redemption for merchandise,
goods, or services; and
(III) That, unless required by law, may not be redeemed for or converted into
money or otherwise monetized by the issuer; and
(b) Includes a prepaid commercial mobile radio service, as defined in 47 CFR
20.3, as amended.
(12) Holder means a person obligated to hold for the account of, or to
deliver or pay to, the owner property that is subject to this article 13.
(13) Insurance company means an association, corporation, or fraternal or
mutual-benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit-life, contract-performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage-protection, and workers' compensation insurance.
(13.3) Legacy preneed contract means a preneed contract, as defined in
section 10-15-102 (13), including both a preneed contract for funeral merchandise and services and a preneed contract for cemetery merchandise and services, that was entered into before August 10, 2022.
(13.5) Legacy preneed contract beneficiary means, for any legacy preneed
contract entered into on or after July 1, 1967, any person specified in the legacy preneed contract upon whose death a final resting place, merchandise, as defined in section 10-15-102 (1), or services, as defined in section 10-15-102 (16), shall be provided, delivered, or performed.
(14) Loyalty card means a record given without direct monetary
consideration, under an award, reward, benefit, loyalty, incentive, rebate, or promotional program, that may be used or redeemed only to obtain goods or services or a discount on goods or services. The term does not include a record that may be redeemed for money or otherwise monetized by the issuer.
(15) Mineral means gas, oil, coal, oil shale, other gaseous liquid or solid
hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral under Colorado law other than this article 13.
(16) Mineral proceeds means an amount payable for extraction, production,
or sale of minerals or, on the abandonment of the amount, the amount that becomes payable after abandonment. The term includes an amount payable:
(a) For the acquisition and retention of a mineral lease, including a bonus,
royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental;
(b) For the extraction, production, or sale of minerals, including a net
revenue interest, royalty, overriding royalty, extraction payment, and production payment; and
(c) Under an agreement or option, including a joint operating agreement, unit
agreement, pooling agreement, and farm-out agreement.
(17) Money order means a payment order for a specified amount of money
and includes an express money order and a personal money order on which the remitter is the purchaser.
(18) Municipal bond means a bond or evidence of indebtedness issued by a
municipality or other political subdivision of a state.
(19) Net card value means the original purchase price or original issued
value of a stored-value card, plus amounts added to the original price or value and minus amounts used and any service charge, fee, or dormancy charge permitted by law.
(20) Nonfreely transferable security means a security that cannot be
delivered to the administrator by the Depository Trust Clearing Corporation or a similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. The term includes a worthless security.
(21) Owner means a person that has a legal, beneficial, or equitable
interest in property subject to this article 13 or the person's legal representative when acting on behalf of the owner. The term includes:
(a) A depositor, for a deposit;
(b) A beneficiary, for a trust other than a deposit in trust;
(c) A creditor, claimant, or payee, for other property; and
(d) The lawful bearer of a record that may be used to obtain money, a reward,
or a thing of value.
(22) Payroll card means a record that evidences a payroll-card account as
defined in Regulation E, 12 CFR Part 1005, as amended.
(23) Person means an individual; estate; business association; public
corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.
(24) Property means tangible property described in section 38-13-205 or a
fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. The term:
(a) Includes all income from or increments to the property;
(b) Includes property referred to as or evidenced by:
(I) Money, virtual currency, interest, dividend, a check, draft, deposit, or
payroll card;
(II) A credit balance, customer's overpayment, stored-value card, security
deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance;
(III) A security except for:
(A) A worthless security; or
(B) A security that is subject to a lien, legal hold, or restriction evidenced on
the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
(IV) A bond, debenture, note, or other evidence of indebtedness;
(V) Money deposited to redeem a security, make a distribution, or pay a
dividend;
(VI) An amount due and payable under the terms of an annuity contract or
insurance policy; and
(VII) An amount distributable from a trust or custodial fund established
under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or similar benefits; and
(c) Does not include:
(I) Property held in a plan described in section 529A of the federal Internal
Revenue Code of 1986, as amended, 26 U.S.C. sec. 529A;
(II) Game-related digital content;
(III) A loyalty card;
(IV) A paper certificate that is redeemable upon presentation for goods or
services;
(V) Unclaimed capital credit payments held by cooperative electric
associations and telephone cooperatives; or
(VI) A financial organization loyalty card.
(25) Putative holder means a person believed by the administrator to be a
holder, until the person pays or delivers to the administrator property subject to this article 13 or the administrator or a court makes a final determination that the person is or is not a holder.
(26) Record means information that is inscribed on a tangible medium or
that is stored in an electronic or other medium and is retrievable in perceivable form.
(27) Security means:
(a) A security as defined in section 4-8-102 (15); or
(b) A security entitlement as defined in section 4-8-102 (17), including a
customer security account held by a registered broker-dealer to the extent that the financial assets held in the security account are not:
(I) Registered on the books of the issuer in the name of the person for which
the broker-dealer holds the assets;
(II) Payable to the order of the person; or
(III) Specifically indorsed to the person; or
(c) An equity interest in a business association not included in subsection
(27)(a) or (27)(b) of this section.
(28) Sign means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol,
sound, or process.
(29) State means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(30) Stored-value card:
(a) Means a record evidencing a promise made for consideration by the seller
or issuer of the record that goods, services, or money will be provided to the owner of the record to the value or amount shown in the record;
(b) Includes:
(I) A record that contains or consists of a microprocessor chip, magnetic
strip, or other means for the storage of information, that is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration;
(II) A gift card, except as specified in section 38-13-219; and
(III) A payroll card; and
(c) Does not include a loyalty card, a financial organization loyalty card, or
game-related digital content.
(31) Utility means a person that owns or operates for public use a plant,
equipment, real property, franchise, or license for the following public services:
(a) Transmission of communications or information;
(b) Production, storage, transmission, sale, delivery, or furnishing of
electricity, water, steam, or gas; or
(c) Provision of sewage and septic services or trash, garbage, or recycling
disposal.
(32) Virtual currency means any type of digital representation of value,
including cryptocurrency, that is used as a medium of exchange, unit of account, or a store of value, but that does not have legal tender status as recognized by the United States. The term does not include:
(a) The software or protocols governing the transfer of the digital
representation of value;
(b) Game-related digital content;
(c) A loyalty card;
(d) A financial organization loyalty card; or
(e) A gift card.
(33) Worthless security means a security whose cost of liquidation and
delivery to the administrator would exceed the value of the security on the date a report is due under this article 13.
Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 407, � 1, effective
July 1, 2020. L. 2021: (9.5), (24)(c)(VI), and (32)(d) added and (24)(c)(IV), (24)(c)(V), (30)(c), (32)(b), and (32)(c) amended, (SB 21-121), ch. 32, p. 131, � 1, effective April 15. L. 2025: (5.5), (13.3), (13.5), and (32)(e) added and IP(32), (32)(c), and (32)(d) amended, (HB 25-1224), ch. 440, p. 2531, � 2, effective June 4.
C.R.S. § 38-22-101
38-22-101. Liens in favor of whom - when filed. (1) Every person who furnishes or supplies laborers, machinery, tools, or equipment in the prosecution of the work, and mechanics, materialmen, contractors, subcontractors, builders, and all persons of every class performing labor upon or furnishing directly to the owner or persons furnishing labor, laborers, or materials to be used in construction, alteration, improvement, addition to, or repair, either in whole or in part, of any building, mill, bridge, ditch, flume, aqueduct, reservoir, tunnel, fence, railroad, wagon road, tramway, or any other structure or improvement upon land, including adjacent curb, gutter, and sidewalk, and also architects, engineers, draftsmen, and artisans who have furnished designs, plans, plats, maps, specifications, drawings, estimates of cost, surveys, or superintendence, or who have rendered other professional or skilled service, or bestowed labor in whole or in part, describing or illustrating, or superintending such structure, or work done or to be done, or any part connected therewith, shall have a lien upon the property upon which they have furnished laborers or supplied machinery, tools, or equipment or rendered service or bestowed labor or for which they have furnished materials or mining or milling machinery or other fixtures, for the value of such laborers, machinery, tools, or equipment supplied, or services rendered or labor done or laborers or materials furnished, whether at the instance of the owner, or of any other person acting by the owner's authority or under the owner, as agent, contractor, or otherwise for the laborers, machinery, tools, or equipment supplied, or work or labor done or services rendered or laborers or materials furnished by each, respectively, whether supplied or done or furnished or rendered at the instance of the owner of the building or other improvement, or the owner's agent; and every contractor, architect, engineer, subcontractor, builder, agent, or other person having charge of the construction, alteration, addition to, or repair, either in whole or in part, of said building or other improvement shall be held to be the agent of the owner for the purposes of this article.
(2) In case of a contract for the work, between the reputed owner and a
contractor, the lien shall extend to the entire contract price, and such contract shall operate as a lien in favor of all persons performing labor or services or furnishing laborers or materials under contract, express or implied, with said contractor, to the extent of the whole contract price; and after all such liens are satisfied, then as a lien for any balance of such contract price in favor of the contractor.
(3) All such contracts shall be in writing when the amount to be paid
thereunder exceeds five hundred dollars, and shall be subscribed by the parties thereto. The contract, or a memorandum thereof, setting forth the names of all the parties to the contract, a description of the property to be affected thereby, together with a statement of the general character of the work to be done, the estimated total amount to be paid thereunder, together with the times or stages of the work for making payments, shall be filed by the owner or reputed owner, in the office of the county clerk and recorder of the county where the property, or the principal portion thereof, is situated before the work is commenced under and in accordance with the terms of the contract. In case such contract, or a memorandum thereof, is not so filed, the labor done and materials furnished by all persons shall be deemed to have been done and furnished at the personal instance of the owner, and such persons shall have a lien for the value thereof.
(4) For the purposes of this article, the value of labor done shall include, but
not be limited to, the payments required under any labor contract to any trust established for the provision of any pension, profit-sharing, vacation, health and welfare, prepaid legal services, or apprentice training benefits for the use of the employees of any contractors, and the trustee of any such trust shall have a lien therefor.
(5) All claimants who establish the right to a lien or claim under any of the
provisions of this article shall be entitled to receive interest on any such lien or claim at the rate provided for under the terms of any contract or agreement under which the laborers were furnished or the labor or material was supplied or, in the absence of an agreed rate, at the rate of twelve percent per annum.
(6) Repealed.
Source: L. 1899: p. 261, � 1. R.S. 08: � 4025. C.L. � 6442. CSA: C. 101, � 15.
CRS 53: � 86-3-1. C.R.S. 1963: � 86-3-1. L. 65: p. 849, � 1. L. 69: p. 692, � 1. L. 75: (4) and (5) added, p. 1422, � 1, effective October 1. L. 2000: (1), (2), and (5) amended and (6) added, p. 204, � 1, effective August 2. L. 2025: (6) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: Subsection (6) was relocated to � 38-22-100.3 in 2025.
Cross references: For liens for surveyors and civil and mining engineers, see
� 38-22-121.
C.R.S. § 38-22-102
38-22-102. Payments - effect. (1) No part of the contract price, by the terms of any such contract, shall be made payable, nor shall the same, or any part thereof, be paid in advance of the commencement of the work, but the contract price, by the terms of the contract, shall be made payable in installments, or upon estimates, at specified times after the commencement of the work, or on the completion of the whole work; but at least the following percentages of the total contract price shall be made payable at least thirty-five days after the final completion of the contract:
(a) Fifteen percent of the first two hundred fifty thousand dollars of the
contract price;
(b) Ten percent of the contract price in excess of two hundred fifty thousand
dollars up to and including five hundred thousand dollars;
(c) Five percent of the contract price in excess of five hundred thousand
dollars up to and including seven hundred fifty thousand dollars;
(d) Two percent of the contract price in excess of seven hundred fifty
thousand dollars.
(2) No payment made prior to the time when the same is due, under the
terms and conditions of the contract, shall be valid for the purpose of defeating, diminishing, or discharging any lien in favor of any person, except the contractor or other person to or for whom the payment is made, but as to such liens, such payment shall be deemed as if not made and shall be applicable to such liens, notwithstanding that the contractor or other person to or for whom it was paid may thereafter abandon his contract, or be or become indebted to the reputed owner in any amount for damages or otherwise or for nonperformance of his contract or otherwise.
(3) As to all liens, except those of principal contractors, the whole contract
price shall be payable in money, and shall not be diminished by any prior or subsequent indebtedness, offset, or counterclaim in favor of the reputed owner and against the principal contractor, and no alteration of such contract shall affect any lien acquired under the provisions of this article. In case such contracts and alterations thereof do not conform substantially to the provisions of this section, the labor done and laborers or materials furnished by all persons other than the principal contractor shall be deemed to have been done and furnished at the personal instance and request of the person who contracted with the principal contractor, they shall have a lien for the value thereof.
(3.5) Any provisions of this section to the contrary notwithstanding, it shall
be an affirmative defense in any action to enforce a lien pursuant to this article that the owner or some person acting on the owner's behalf has paid an amount sufficient to satisfy the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the principal contractor or any subcontractor for the purpose of payment to the subcontractors or suppliers of laborers, materials, or services to the job, when:
(a) The property is an existing single-family dwelling unit;
(b) The property is a residence constructed by the owner or under a contract
entered into by the owner prior to its occupancy as the owner's primary residence; or
(c) The property is a single-family, owner-occupied dwelling unit, including a
residence constructed and sold for occupancy as a primary residence. This paragraph (c) shall not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder.
(4) Any of the persons mentioned in section 38-22-101, except a principal
contractor, at any time may give to the owner, or reputed owner, or to the superintendent of construction, agent, architect, or to the financing institution or other person disbursing construction funds, a written notice that they have performed labor or furnished laborers or materials to or for a principal contractor, or any person acting by authority of the owner or reputed owner, or that they have agreed to and will do so, stating in general terms the kind of labor, laborers, or materials and the name of the person to or for whom the same was or is to be done, or performed, or both, and the estimated or agreed amount in value, as near as may be, of that already done or furnished, or both, and also of the whole agreed to be done or furnished, or both.
(5) Such notice may be given by delivering the same to the owner or reputed
owner personally, or by leaving it at his residence or place of business with some person in charge; or by delivering it either to his superintendent of construction, agent, architect, or to the financing institution or other person disbursing construction funds, or by leaving it either at their residence or place of business with some person in charge. No such notice shall be invalid or insufficient by reason of any defect of form, provided it is sufficient to inform the owner or reputed owner of the substantial matters provided for in this section, or to put him upon inquiry as to such matters.
(6) Upon such notice being given, it is the duty of the person who contracted
with the principal contractor to withhold from such principal contractor, or from any other person acting under such owner or reputed owner, and to whom, by said notice, the said labor, laborers, or materials, have been furnished or agreed to be furnished, sufficient money due or that may become due to said principal contractor, or other persons, to satisfy such claim and any lien that may be filed therefor for record under this article, including reasonable costs provided for in this article.
(7) The payment of any such lien, which has been acknowledged by such
principal contractor, or other person acting under such owner or reputed owner in writing to be correct, or which has been established by judicial determination, shall be taken and allowed as an offset against any moneys which may be due from the owner, or reputed owner to such principal contractor, or the person for whom such work and labor was performed or furnished.
Source: L. 1899: p. 263, � 2. R.S. 08: � 4026. C.L. � 6443. CSA: C. 101, � 16.
CRS 53: � 86-3-2. C.R.S. 1963: � 86-3-2. L. 65: p. 850, � 2. L. 69: p. 692, � 2. L. 87: (3.5) added, p. 1336, � 1, effective May 25. L. 2000: (3), IP(3.5), (3.5)(b), (4), (6), and (7) amended, p. 205, � 2, effective August 2.
C.R.S. § 38-22-105.5
38-22-105.5. Notice of lien law. (1) Upon issuing a building permit for the improvement, restoration, remodeling, or repair of or the construction of improvements or additions to residential property, the agency or other authority issuing the permit shall send a written notice, as set forth in subsection (2) of this section, by first-class mail addressed to the property for which the permit was issued.
(2) The notice shall be in at least ten-point bold-faced type, if printed, or in
capital letters, if typewritten, shall identify the contractor by name and address, and shall state substantially as follows:
IMPORTANT NOTICE TO OWNERS: UNDER COLORADO LAW, SUPPLIERS, SUBCONTRACTORS, OR OTHER PERSONS FURNISHING LABORERS OR PROVIDING LABOR OR MATERIALS FOR WORK ON YOUR RESIDENTIAL PROPERTY MAY HAVE A RIGHT TO COLLECT THEIR MONEY FROM YOU BY FILING A LIEN AGAINST YOUR PROPERTY. A LIEN CAN BE FILED AGAINST YOUR RESIDENCE WHEN A SUPPLIER, SUBCONTRACTOR, OR OTHER PERSON IS NOT PAID BY YOUR CONTRACTOR FOR SUCH LABORERS, LABOR, OR MATERIALS. HOWEVER, IN ACCORDANCE WITH THE COLORADO GENERAL MECHANICS' LIEN LAW, SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES, YOU HAVE AN AFFIRMATIVE DEFENSE IN ANY ACTION TO ENFORCE A LIEN IF YOU OR SOME PERSON ACTING ON YOUR BEHALF HAS PAID YOUR CONTRACTOR AND SATISFIED YOUR LEGAL OBLIGATIONS.
YOU MAY ALSO WANT TO DISCUSS WITH YOUR CONTRACTOR, YOUR ATTORNEY, OR YOUR LENDER POSSIBLE PRECAUTIONS, INCLUDING THE USE OF LIEN WAIVERS OR REQUIRING THAT EVERY CHECK ISSUED BY YOU OR ON YOUR BEHALF IS MADE PAYABLE TO THE CONTRACTOR, THE SUBCONTRACTOR, AND THE SUPPLIER FOR AVOIDING DOUBLE PAYMENTS IF YOUR PROPERTY DOES NOT SATISFY THE REQUIREMENTS OF SECTIONS 38-22-102 (3.5) AND 38-22-113 (4), COLORADO REVISED STATUTES.
YOU SHOULD TAKE WHATEVER STEPS NECESSARY TO PROTECT YOUR PROPERTY.
(3) The notice prescribed by this section shall not be required when a
building permit is issued for new residential construction or for residential property containing more than four living units.
(4) As used in this section:
(a) New residential construction means the construction or addition of
living units on real property that was previously unimproved or was used for nonresidential purposes.
(b) Residential property means any real property, including improvements,
containing living units used for human habitation.
(5) To offset the cost of issuing the notice required by this section, the
appropriate authority may raise the fee for a building permit by one dollar.
(6) The failure of the agency or other authority which issues building permits
to provide the notice required by this section shall not be an affirmative defense to any lien claimed pursuant to the provisions of this article; nor shall the agency or any employee of the agency incur liability as a result of such failure.
(7) The agency or other authority which issues building permits may deliver
the notice required by this section personally to the owner of the property, in lieu of mailing the notice as provided by subsection (1) of this section.
Source: L. 79: Entire section added, p. 1389, � 1, effective January 1, 1980. L.
81: Entire section R&RE, p. 1822, � 1, effective July 1. L. 88: (2) R&RE, p. 1253, � 1, effective April 14. L. 2000: (2) amended, p. 208, � 6, effective August 2.
C.R.S. § 38-22-106
38-22-106. Priority of lien - attachments. (1) All liens established by virtue of this article shall relate back to the time of the commencement of work under the contract between the owner and the first contractor, or, if said contract is not in writing, then such liens shall relate back to and take effect as of the time of the commencement of the work upon the structure or improvement, and shall have priority over any lien or encumbrance subsequently intervening, or which may have been created prior thereto but which was not then recorded and of which the lienor, under this article, did not have actual notice. Nothing contained in this section, however, shall be construed as impairing any valid encumbrance upon any such land duly made and recorded prior to the signing of such contract or the commencement of work upon such improvements or structure.
(2) No attachment, garnishment, or levy under an execution upon any money
due or to become due to a contractor from the owner or reputed owner of any such property subject to any such lien shall be valid as against such lien of a subcontractor or materialmen, and no such attachment, garnishment, or levy upon any money due to a subcontractor or materialmen of the second class, as provided in section 38-22-108 (1)(b), from the contractor shall be valid as against any lien of a laborer employed by the day or piece, who does not furnish any material as classified in this article.
Source: L. 1899: p. 268, � 6. R.S. 08: � 4030. C.L. � 6447. CSA: C. 101, � 20.
CRS 53: � 86-3-6. C.R.S. 1963: � 86-3-6.
C.R.S. § 38-22-108
38-22-108. Rank of liens. (1) Every person given a lien by this article whose contract, either express or implied, is with the owner or reputed owner or owner's agent or other representative, is a principal contractor and all others are subcontractors; and in every case in which different liens are claimed against the same property, the rank of each lien, or class of liens, as between the different lien claimants, shall be declared and ordered to be satisfied in the decree or judgment in the following order named:
(a) The liens of all those who were laborers or mechanics working by the day
or piece, but without furnishing material therefor, either as principal or subcontractors;
(b) The liens of all other subcontractors and of all materialmen whose claims
are either entirely or principally for laborers, materials, machinery, or other fixtures, furnished either as principal contractors or subcontractors;
(c) The liens of all other principal contractors and all moneys realized in any
actions for the satisfaction of liens against the same improvements or structures shall be paid out in the order above designated.
Source: L. 1899: p. 269, � 8. R.S. 08: � 4032. C.L. � 6449. CSA: C. 101, � 22.
CRS 53: � 86-3-8. C.R.S. 1963: � 86-3-8. L. 2000: IP(1), (1)(b), and (1)(c) amended, p. 208, � 7, effective August 2.
C.R.S. § 38-22-109
38-22-109. Lien statement. (1) Any person wishing to use the provisions of this article shall file for record, in the office of the county clerk and recorder of the county wherein the property, or the principal part thereof, to be affected by the lien is situated, a statement containing:
(a) The name of the owner or reputed owner of such property, or in case such
name is not known to him, a statement to that effect;
(b) The name of the person claiming the lien, the name of the person who
furnished the laborers or materials or performed the labor for which the lien is claimed, and the name of the contractor when the lien is claimed by a subcontractor or by the assignee of a subcontractor, or, in case the name of such contractor is not known to a lien claimant, a statement to that effect;
(c) A description of the property to be charged with the lien, sufficient to
identify the same; and
(d) A statement of the amount due or owing such claimant.
(2) Such statement shall be signed and sworn to by the party, or by one of
the parties, claiming such lien, or by some other person in his or their behalf, to the best knowledge, information, and belief of the affiant; and the signature of any such affiant to any such verification shall be a sufficient signing of the statement.
(3) In order to preserve any lien for work performed or laborers or materials
furnished, there must be a notice of intent to file a lien statement served upon the owner or reputed owner of the property or the owner's agent and the principal or prime contractor or his or her agent at least ten days before the time of filing the lien statement with the county clerk and recorder. Such notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last-known address of such persons, and an affidavit of such service or mailing at least ten days before filing of the lien statement with the county clerk and recorder shall be filed for record with said statement and shall constitute proof of such service.
(4) All such lien statements claimed for labor and work by the day or piece,
but without furnishing laborers or materials therefor, must be filed for record after the last labor for which the lien claimed has been performed and at any time before the expiration of two months next after the completion of the building, structure, or other improvement.
(5) Except as provided in subsections (10) and (11) of this section, the lien
statements of all other lien claimants must be filed for record at any time before the expiration of four months after the day on which the last labor is performed or the last laborers or materials are furnished by such lien claimant.
(6) New or amended statements may be filed within the periods provided in
this section for the purpose of curing any mistake or for the purpose of more fully complying with the provisions of this article.
(7) No trivial imperfection in or omission from the said work or in the
construction of any building, improvement, or structure, or of the alteration, addition to, or repair thereof, shall be deemed a lack of completion, nor shall such imperfection or omission prevent the filing of any lien statement or filing of or giving notice, nor postpone the running of any time limit within which any lien statement shall be filed for record or served upon the owner or reputed owner of the property or such owner's agent and the principal or prime contractor or his or her agent, or within which any notice shall be given. For the purposes of this section, abandonment of all labor, work, services, and furnishing of laborers or materials under any unfinished contract or upon any unfinished building, improvement, or structure, or the alteration, addition to, or repair thereof, shall be deemed equivalent to a completion thereof. For the purposes of this section, abandonment means discontinuance of all labor, work, services, and furnishing of laborers or materials for a three-month period.
(8) Subject to the prior termination of the lien under the provisions of section
38-22-110, no lien claimed by virtue of this article shall hold the property, or remain effective longer than one year from the filing of such lien, unless within thirty days after each annual anniversary of the filing of said lien statement there is filed in the office of the county clerk and recorder of the county wherein the property is located an affidavit by the person or one of the persons claiming the lien, or by some person in his behalf, stating that the improvements on said property have not been completed.
(9) Upon the filing of the notice required and the commencement of an
action, within the time and in the manner required by said section 38-22-110, no annual affidavit need be filed thereafter.
(10) Within the applicable time period provided in subsections (4) and (5) of
this section and subject to the provisions of section 38-22-125, any lien claimant granted a lien pursuant to section 38-22-101 may file with the county clerk and recorder of the county in which the real property is situated a notice stating the legal description or address or such other description as will identify the real property; the name of the person with whom he has contracted; and the claimant's name, address, and telephone number. One such notice may be filed upon more than one property, and, in the case of a subdivision, one notice may describe only the part thereof upon which the claimant has or will obtain a lien pursuant to section 38-22-101. The filing of said notice shall serve as notice that said person may thereafter file a lien statement and shall extend the time for filing of the mechanic's lien statement to four months after completion of the structure or other improvement or six months after the date of filing of said notice, whichever occurs first. Unless sooner terminated as provided in subsection (11) of this section, the notice provided for in this subsection (10) shall automatically terminate six months after the date said notice is filed. In the event that said structure or other improvements have not been completed prior to the termination of said notice, a claimant, prior to said termination date, may file a new or amended notice which shall remain effective for an additional period of six months after the date of filing or four months after the date of completion of said structure or other improvements, whichever occurs first.
(11) Upon termination of agreement to provide labor, laborers, or materials,
the owner, or someone in such owner's behalf, may demand from the person filing said notice a termination of said notice, which termination shall identify the properties upon which labor has not been performed or to which laborers or materials have not been furnished and as to which said notice is terminated. Upon the filing of said termination in the office of the county clerk and recorder in the county wherein said property is situated, such notice no longer constitutes notice as provided in subsection (10) of this section as to the property described in said termination.
(12) The notices provided for in subsections (10) and (11) of this section shall
be recorded in the office of the county clerk and recorder of the county wherein the real property is located.
Source: L. 1899: p. 269, � 9. R.S. 08: � 4033. C.L. � 6450. CSA: C. 101, � 23.
CRS 53: � 86-3-9. L. 55: p. 537, � 1. C.R.S. 1963: � 86-3-9. L. 65: pp. 851, 856, �� 4, 6. L. 75: (3) R&RE and (4), (5), (7), and (10) amended, pp. 1420, 1422, 1423, �� 1, 2, 3, effective October 1. L. 79: (8), (10), and (11) amended and (12) R&RE, pp. 1390, 1391, �� 2, 3, effective January 1, 1980. L. 83: (10) amended, p. 1229, � 16, effective July 1. L. 2000: IP(1), (1)(b), (3) to (5), (7), and (11) amended, p. 209, � 8, effective August 2.
C.R.S. § 38-22-113
38-22-113. Hearing - judgment - summons - defense. (1) The court, whenever the issues in such case are made up, shall advance such cause to the head of the docket for trial and may proceed to hear and determine said liens and claims or may refer the same to a magistrate to ascertain and report upon said liens and claims and the amounts justly due thereon.
(2) Judgments shall be rendered according to the rights of the parties. The
various rights of all the lien claimants and other parties to any such action shall be determined and incorporated in one judgment or decree. Each party who establishes his claim under this article shall have judgment against the party personally liable to him for the full amount of his claim so established, and shall have a lien established and determined in said decree upon the property to which his lien has attached to the extent stated in this section.
(3) Proceedings to foreclose and enforce mechanics' liens under this article
are actions in rem, and service by publication may be obtained against any defendant therein in a manner as provided by law, and personal judgment against the principal contractor or other person personally liable for the debt for which the lien is claimed shall not be requisite to a decree of foreclosure in favor of a subcontractor or materialman.
(4) In such proceedings, it shall be an affirmative defense that the owner or
some person acting on the owner's behalf has paid an amount sufficient to satisfy the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the principal contractor or any subcontractor for the purpose of payment to the subcontractors or suppliers of laborers or materials or services to the job, when:
(a) The property is an existing single-family dwelling unit;
(b) The property is a residence constructed by the owner or under a contract
entered into by the owner prior to its occupancy as his primary residence; or
(c) The property is a single-family, owner-occupied dwelling unit, including a
residence constructed and sold for occupancy as a primary residence. This paragraph (c) shall not apply to a developer or builder of multiple residences except for the residence that is occupied as the primary residence of the developer or builder.
Source: L. 1899: p. 273, � 13. R.S. 08: � 4037. C.L. � 6454. CSA: C. 101, � 27.
CRS 53: � 86-3-13. C.R.S. 1963: � 86-3-13. L. 87: (4) added, p. 1336, � 2, effective May 25. L. 91: (1) amended, p. 366, � 42, effective April 9. L. 2000: IP(4) amended, p. 210, � 10, effective August 2.
Cross references: For service of summons by publication, see C.R.C.P. 4(g)
and 4(h).
C.R.S. § 38-22-115
38-22-115. Parties to action. Principal contractors and all other persons personally liable for the debt for which the lien is claimed shall be made parties to actions to enforce liens under this article, and service of summons shall be made either personally or by publication in the same manner and with like effect as is provided by law in cases of attachment and other proceedings in rem.
Source: L. 1899: p. 274, � 15. R.S. 08: � 4039. C.L. � 6456. CSA: C. 101, � 29.
CRS 53: � 86-3-15. C.R.S. 1963: � 86-3-15.
Cross references: For service of summons in attachment or other in rem
proceedings, see C.R.C.P. 4(e) to 4(g).
C.R.S. § 38-22-123
38-22-123. Payment to avoid invalid. No payment made by any owner to any contractor for the purpose of avoiding any anticipated lien of any subcontractor shall be valid; and if any person files either of said statements for a lien for a larger sum than is due or to become due, in fact, or in probability, as the case may be, with intent to cheat or defraud any other person, and that fact appears in any proceeding under this article, such person shall forfeit all rights to such lien under this article.
Source: L. 1883: p. 235, � 29. G.S. � 2159. R.S. 08: � 4047. C.L. � 6464. CSA:
C. 101, � 37. CRS 53: � 86-3-23. C.R.S. 1963: � 86-3-23.
C.R.S. § 38-22-124
38-22-124. Other remedies not barred. No remedy given in this article shall be construed as preventing any person from enforcing any other remedy which he otherwise would have had, except as otherwise provided in this article. In case of two or more owners, contractors, or subcontractors interested in the same contract, the rule of procedure shall be the same as in the case of one such.
Source: L. 1883: p. 236, � 31. G.S. � 2161. R.S. 08: � 4048. C.L. � 6465. CSA:
C. 101, � 38. CRS 53: � 86-3-24. C.R.S. 1963: � 86-3-24.
C.R.S. § 38-22-126
38-22-126. Disburser - notice - duty of owner and disburser. (1) For the purposes of this section, the word disburser means any lender who has agreed to make any loan to the owner or contractor, the proceeds of which are to be disbursed from time to time as work upon a structure or other improvement progresses, or any part of which is to be withheld until all or any part of such work is completed; or, any person who receives funds from any lender, contractor, or owner to be disbursed from time to time as work upon a structure or other improvement progresses, or any part of which is to be withheld until all or any part of such work is completed; or, any owner who has agreed to pay any sum to any contractor from time to time as work upon a structure or other improvement progresses, or any part of which is to be withheld until all or any part of such work is completed.
(2) It is the duty of the disburser, prior to the first disbursement, to see that
there has been recorded in the office of the county clerk and recorder of the county where the land to be improved is situated, a notice stating the name and address of the owner, the names, addresses, and telephone numbers of the principal contractor, if any, and the disburser, and the legal description of the land and its address, if any. One notice may include as many parcels as desired, providing that all the information is stated as to each parcel. Such notice shall be indexed by the county clerk and recorder under the name of the owner and each principal contractor as grantors and according to address.
(3) It is the duty of any person upon ordering or contracting for any labor,
services, machinery, tools, equipment, laborers, or materials to be used as provided in section 38-22-101, upon demand of the person from whom he or she is so ordering or with whom he or she is so contracting, to furnish to such person a statement of the names, addresses, and telephone numbers of the owner or reputed owner of the land to be improved, the principal contractor, if any, and the disburser, if any, as defined in subsection (1) of this section, together with a legal description or the address, if any, of the land to be improved.
(4) Any lien claimant who is entitled to a lien under this article may give
notice to the disburser stating the property by address or legal description, or by such other description as will identify the real property; the claimant's name, address, and telephone number; the person with whom he has contracted; and a general statement of his contract.
(5) Such notice shall be in writing and shall be served upon the disburser by
certified mail or by delivering the same personally to such disburser, or by leaving a copy at his residence or at his place of business with some person in charge.
(6) Upon such notice being received by the disburser, it is the duty of the
disburser, before disbursing any funds to the person designated in said notice with whom said claimant has contracted, to ascertain the amount due to the claimant on any disbursement date, and to pay such amount directly to the claimant out of any undisbursed funds available for and due to said person designated in said notice on such date; except that any amounts actually paid by the disburser to others for labor, services, machinery, tools, equipment, and laborers or materials performed, supplied, or furnished for such structure or improvement that are chargeable to said person designated in said notice shall not be deemed available for said person designated in said notice; and further except that if the amount claimed by said claimant is disputed by said person designated in said notice, the disburser may impound such amount until the amount due is settled by agreement or final judicial determination.
(7) If the disburser fails to comply with subsection (6) of this section and the
said claimant suffers loss by reason of said failure the disburser shall be liable to said claimant for the amount which the disburser should have paid claimant to the extent of claimant's loss.
Source: L. 65: p. 854, � 5. C.R.S. 1963: � 86-3-26. L. 2000: (3) and (6)
amended, p. 210, � 12, effective August 2.
C.R.S. § 38-22-127
38-22-127. Moneys for lien claims made trust funds - disbursements - penalty. (1) All funds disbursed to any contractor or subcontractor under any building, construction, or remodeling contract or on any construction project shall be held in trust for the payment of the subcontractors, laborer or material suppliers, or laborers who have furnished laborers, materials, services, or labor, who have a lien, or may have a lien, against the property, or who claim, or may claim, against a principal and surety under the provisions of this article and for which such disbursement was made.
(2) This section shall not be construed so as to require any such contractor
or subcontractor to hold in trust any funds which have been disbursed to him or her for any subcontractor, laborer or material supplier, or laborer who claims a lien against the property or claims against a principal and surety who has furnished a bond under the provisions of this article if such contractor or subcontractor has a good faith belief that such lien or claim is not valid or if such contractor or subcontractor, in good faith, claims a setoff, to the extent of such setoff.
(3) If the contractor or subcontractor has furnished a performance or
payment bond or if the owner of the property has executed a written release to the contractor or subcontractor, he need not furnish any such bond or hold such payments or disbursements as trust funds, and the provisions of this section shall not apply.
(4) Every contractor or subcontractor shall maintain separate records of
account for each project or contract, but nothing contained in this section shall be construed as requiring a contractor or subcontractor to deposit trust funds from a single project in a separate bank account solely for that project so long as trust funds are not expended in a manner prohibited by this section.
(5) Any person who violates the provisions of subsections (1) and (2) of this
section commits theft, as defined in section 18-4-401, C.R.S.
Source: L. 75: Entire section added, p. 1420, � 2, effective October 1. L. 2000:
(1) and (2) amended, p. 211, � 13, effective August 2.
C.R.S. § 38-22-129
38-22-129. Principal contractor may provide bond prior to commencement of work. (1) Except as provided in subsection (4) of this section, the provisions of section 38-22-101 (1) shall not apply if, at the commencement of any work upon any construction project for the improvement of real property as described in section 38-22-101 (1), a performance bond and a labor and materials payment bond, each in an amount equal to one hundred fifty percent of the contract price, are executed by the principal contractor and one or more corporate sureties authorized and qualified to do business in this state, for the protection of all contractors, subcontractors, materialmen, and laborers supplying labor, laborers, or material in the prosecution of the work on such construction project for the use of each contractor, subcontractor, materialman, or laborer.
(2) All subcontractors, materialmen, mechanics, and others who would
otherwise be entitled to a lien under the provisions of section 38-22-101 (1) shall have a right of action directly against the principal contractor and his surety for the full amount due. Such action shall be brought within six months after completion of the last work on such project.
(3) In order to be effective, a notice of such bond shall be filed with the
county clerk and recorder of the county wherein such project is situate prior to the commencement of any work on the project and shall be indexed according to both the street address and the legal description of the property to be improved. The principal contractor shall post a notice on the property that notice of such bond has been filed with the county clerk and recorder and shall make available copies of the bond to every contractor, subcontractor, materialman, mechanic, or laborer upon request.
(4) If any claimant files for record a lien statement or other notice, pursuant
to section 38-22-109, such lien shall be deemed released upon the filing for record of a notice executed by both the principal and all sureties acknowledging the existence of the bond furnished for such project and that said lien claimant is entitled to claim the benefits of said bond. Such acknowledgment shall be executed by the principal and sureties upon demand of the owners or any person filing a lien statement. Said notice may be delivered personally to the surety or its agent and the principal or his agent or may be mailed by certified or registered mail. If the principal and all sureties on any such bonds fail or refuse to execute and record such acknowledgment within thirty days after written demand is made upon them, all lien claimants shall be entitled to enforce their lien claims in the same manner as if no bond had been filed as provided in subsection (1) of this section.
(5) In the event that any corporate surety on any bond filed pursuant to the
provisions of subsection (1) of this section becomes subject to an order for relief under the federal bankruptcy code of 1978, title 11 of the United States Code, is the subject of any state or federal corporate reorganization proceedings, makes any assignment for the benefit of creditors, or otherwise is unable to meet its financial obligations as they become due, the provisions of this section shall not apply, and any lien claimant shall be entitled to enforce such lien claim in the same manner as if no bond had been filed as provided in subsection (1) of this section.
Source: L. 75: Entire section added, p. 1424, � 5, effective October 1. L. 80:
(5) amended, p. 786, � 14, effective June 5. L. 2000: (1) amended, p. 211, � 14, effective August 2.
C.R.S. § 38-22-130
38-22-130. Payment of claims by surety. (1) Subcontractors, materialmen, mechanics, and others who have claims aggregating two thousand dollars or less each on construction projects for the improvement of real property as described in section 38-22-101 (1) for which a bond was executed pursuant to section 38-22-129 shall serve upon the principal contractor and his surety an affidavit, supported by all reasonably available documentary evidence, that a claimant has furnished labor or materials used or performed in the prosecution of the work on such project, that he has been unpaid therefor, and the amount of such claim. If after forty-five days such affidavit remains uncontroverted, such surety shall pay to such claimant forthwith the full value of his claim.
(2) Service of such affidavit may be accomplished by certified or registered
mail, by personal delivery to such person, or by leaving a copy at his residence or at his place of business with some person in charge.
Source: L. 75: Entire section added, p. 1425, � 5, effective October 1.
C.R.S. § 38-24-101
38-24-101. Property subject to lien. Every person, firm, or corporation, whether as contractor, subcontractor, materialman, or laborer, who performs labor upon or furnishes machinery, material, fuel, explosives, power, or supplies for sinking, repairing, altering, or operating any gas well, oil well, or other well or for constructing, repairing, or operating any oil derrick, oil tank, oil pipeline or water pipeline, pump or pumping station, transportation or communication line, or gasoline plant and refinery by virtue of a contract, express or implied, with the owner or lessee of any interest in real estate or with the trustee, agent, or receiver of any such owner, part owner, or lessee shall have a lien to secure the payment thereof upon the properties mentioned belonging to the party contracting with the lien claimants, and upon the machinery, materials, and supplies so furnished, and upon any well upon and in which such machinery, materials, and supplies have been placed and used, and upon all other wells, buildings, and appurtenances, and the interest, leasehold, or otherwise, of such owner, part owner, or lessee in the lot or land upon which said improvements are located, or to which they may be removed, to the extent of the right, title, and interest of the owner, part owner, or lessee, at the time the work was commenced or machinery, materials, and supplies were begun to be furnished by the lien claimant or by the contractor under the original contract; and such lien shall extend to any subsequently acquired interest of any such owner, part owner, or lessee.
Source: L. 29: p. 435, � 1. CSA: C. 101, � 51. CRS 53: � 86-5-1. C.R.S. 1963: �
86-5-1.
C.R.S. § 38-24-102
38-24-102. Other property subject to lien. Every person, firm, or corporation who performs labor or furnishes machinery, material, fuel, explosives, or supplies to a contractor or subcontractor shall have a lien upon the properties and premises mentioned in section 38-24-101 to the same extent and in the same manner as the original contractor for the amount due for such machinery, material, fuel, explosives, or supplies furnished or labor performed. All liens created by virtue of this article in any particular case shall be of equal rank and validity, except liens for labor which shall be preferred.
Source: L. 29: p. 436, � 2. CSA: C. 101, � 52. CRS 53: � 86-5-2. C.R.S. 1963: �
86-5-2.
C.R.S. § 38-24-106
38-24-106. Perfecting of lien on removed property - when. Whenever any person removes any property subject to a lien under this article out of the county in which the statement has been filed, the lien claimant may file, within thirty days after receiving notice of such removal, with the county clerk and recorder of the county to which such property has been removed, an inventory of said property so removed, showing the amount due and unpaid thereon, which inventory shall be filed in the lien records of such county. Such filing shall operate as a notice of the existence of the lien, and it shall thereupon attach to and extend to the leasehold and other premises, properties, and appurtenances with which said property so removed has been put in use or to which it has attached if it is of the kind and character enumerated in section 38-24-101. If said leasehold, premises, properties, and appurtenances belong to some party other than the party originally contracting with the lien claimant, the lien shall be limited to the property and chattels so removed. The benefits of this section as regards removal shall apply even though such removal is to another locality in the same county.
Source: L. 29: p. 437, � 6. CSA: C. 101, � 56. CRS 53: � 86-5-6. C.R.S. 1963: �
86-5-6.
C.R.S. § 38-25-107
38-25-107. Uniformity of interpretation. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
Source: L. 69: R&RE, p. 695, � 1. C.R.S. 1963: � 86-6-7. L. 88: Entire section
amended, p. 1258, � 7, effective July 1.
ARTICLE 25.5
State and Local Tax Liens
38-25.5-101. Definitions. As used in this article, unless the context
otherwise requires:
(1) Authorized person means:
(a) A person who has obtained a written authorization signed and notarized
by a taxpayer to receive a certificate of taxes due for the taxpayer, to receive copies of tax returns and filings by the taxpayer with a public entity, to receive a summary statement of tax payments made to any public entity by the taxpayer, or all of the above, to the degree set forth in the authorization. The authorization may be a signed original or a copy thereof and may be a separate document or part of a more general document; or
(b) A lending institution that has obtained written authorization from a
borrower to receive notification from the department of revenue when the borrower is delinquent in the payment of sales and use taxes, special fuel taxes, withholding taxes, gas taxes, or aviation fuel taxes. The authorization may be a signed and dated original or a copy thereof and may be a separate document or part of a more general document.
(2) Lender means a person who has made a loan of value to a taxpayer in
good faith and not for the purposes of evading this article.
(3) Public entity means the state and every county, city and county, city,
town, school district, special improvement district, special district, and every other kind of district, agency, instrumentality, political subdivision, or taxing authority of the state organized pursuant to state law, whether or not it is subject to home rule.
(4) Statement of intent means a declaration by a lender or transferor that
he intends to foreclose or transfer assets. A statement of intent need not specify a date certain for such foreclosure or transfer.
(5) Tax means a tax and assessment collected by a public entity which is
secured by a first and prior lien, including any interest, additional amount, additions to tax, penalties, and costs that are due.
(6) Tax liability means the liability of a taxpayer for a tax.
(7) Tax lien means a lien imposed by state or local law to secure the
payment of a tax liability.
(8) Transferee means a person to whom assets are transferred, as provided
in section 38-25.5-102 (3).
(9) Transferor means a person who transfers assets, as provided in section
38-25.5-102 (3).
(10) Treasurer means the treasurer, director of the department of revenue,
sales and use tax administrator, or the chief tax collection officer of a public entity.
Source: L. 90: Entire article added, p. 1640, � 1, effective January 1, 1991. L.
97: (1) amended, p. 986, � 1, effective July 1.
38-25.5-102. Certificate of taxes due. (1) (a) As soon as practical but in no
event later than thirty days after receipt of a written request from a taxpayer or authorized person, the treasurer of a public entity shall certify in writing as of the date of the certificate the full amount of the taxes identified in the request known to be due from the taxpayer. If there is a delinquency in the payment of taxes of an unknown amount, the public entity shall, if practical, provide a good faith estimate of the amount of the taxes due and indicate on the certificate that the figure provided is an estimate. A fee of ten dollars shall be collected for each specifically identified tax included in a certificate issued by a public entity in response to a request.
(b) Notwithstanding the amount of the fee specified in paragraph (a) of this
subsection (1), if the public entity collecting the fee is a state agency, the executive director of the state agency, by rule or as otherwise provided by law, may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the state agency, by rule or as otherwise provided by law, may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(2) Except as provided in subsection (3) of this section and notwithstanding
any other provision of law to the contrary:
(a) When signed by the treasurer of a public entity, a certificate of taxes due
shall be conclusive evidence for all purposes and against all persons, including the public entity, that, at the time of certification, the property of the taxpayer was free and clear of all such identified taxes due and any tax liens arising therefrom or was subject to each such identified tax due and any tax lien arising therefrom in a stated or estimated amount; and
(b) If more than one certificate of taxes due is issued by the treasurer of the
same public entity with respect to the same taxpayer and the later certificate sets forth an amount of taxes due for a particular tax which is:
(I) In excess of the amount set forth in the earlier certificate, the earlier
certificate shall be conclusive evidence of the amount of taxes due and any tax liens arising therefrom as of the date of that earlier certificate. The later certificate shall be evidence of the amount of taxes due and any tax liens arising therefrom as of the date of the later certificate, but any tax lien arising therefrom shall only be effective for the amount of taxes which became due after the date of the earlier certificate.
(II) Less than the amount set forth in the earlier certificate, the later
certificate shall be conclusive evidence of the amount of taxes due and any tax liens arising therefrom as of the date of the later certificate;
(c) Any tax lien arising from taxes becoming due after the date of the latest
certificate of taxes due shall not be affected by this section.
(3) (a) This subsection (3) shall apply only to taxes identified in and due as of
the date of a certificate of taxes due. Notwithstanding any other provision of law to the contrary, if a public entity completes an audit or investigation subsequent to the date of such certificate which reveals a tax liability for the identified taxes due as of the date of a certificate previously issued in excess of the amount certified in the certificate, then the public entity shall retain whatever rights and remedies for collection of such tax liability as otherwise provided by state or local law; except that:
(I) In the event of a foreclosure initiated by a lender which results in a sale of
assets subject to any tax lien to a purchaser other than the lender, such tax lien shall remain a lien on such assets but not on the proceeds to the lender of the foreclosure sale, and neither the lender nor the purchaser shall have any personal liability for the tax liability underlying the tax lien;
(II) In the event of a foreclosure initiated by a lender which results in a sale of
assets subject to any tax lien to the lender or in the event of a transfer of assets subject to any tax lien to a lender in lieu of foreclosure, such tax lien shall remain a lien on such assets, but the lender shall not have any personal liability for the tax liability underlying the tax lien;
(III) In the event the circumstances described in subparagraph (II) of this
paragraph (a) occur and the lender subsequently sells such assets to a purchaser, such tax lien shall remain a lien on such assets but not on the proceeds to the lender of the sale, and neither the lender nor the purchaser shall have any personal liability for the tax liability underlying the tax lien; and
(IV) In the event the circumstances described in subparagraph (I) or
subparagraph (III) of this paragraph (a) occur and the purchaser transfers such assets to a subsequent purchaser, such tax lien shall remain a lien on such assets but not on the proceeds of sale, and neither the subsequent purchaser nor any subsequent purchaser thereafter shall have any personal liability for the tax liability underlying the tax lien.
(b) In order to qualify for the protections provided by this subsection (3), a
lender or transferor shall comply with the following requirements:
(I) Upon receipt of a written request from a public entity, the lender or
transferor shall promptly provide to the public entity a description of any assets of the taxpayer subject to a tax lien which have been transferred and the name and address of the transferee of such assets. The lender or transferor shall maintain records relating to such asset transfers for a minimum of four years; and
(II) Prior to a foreclosure sale or transfer of taxpayer assets which may be
subject to a tax lien, the lender or transferor shall request or cause to be requested from the appropriate public entity a certificate of taxes due. Such request shall be accompanied by or shall include a statement of intent. Such certificate of taxes due shall have been issued no more than six months prior to the date of the foreclosure sale or transfer of assets.
(4) This section shall not apply to general taxes for real property as
governed by articles 1 to 14 of title 39, C.R.S.
Source: L. 90: Entire article added, p. 1641, � 1, effective January, 1, 1991. L.
2001: (1) amended, p. 556, � 1, effective May 23.
38-25.5-103. Copies of returns and filings - summary statement - fees. (1)
As soon as practical but in no event later than thirty days after receipt of a written request from a taxpayer or authorized person, the treasurer of a public entity shall provide, as to taxes of the public entity which are specifically identified in the request, either copies of returns and filings by the taxpayer which are in the possession or custody of the public entity or a summary statement of tax payments made by the taxpayer to the public entity. A request made under the provisions of this section shall be limited to the current year and the previous three years. A request made by an authorized person shall be limited to the extent set forth in the written authorization of the authorized person.
(2) A request made pursuant to this section may be either in the form of a
request for copies of tax returns and filings or in the form of a request for a summary statement but may not contain both types of requests. If the specified form of the request cannot be readily complied with by the treasurer, the treasurer shall so notify the requesting party and may comply with the request by furnishing the information in the alternative form.
(3) (a) A fee of ten dollars shall be collected for each specifically identified
tax included in such summary statement issued by a public entity. A fee of one dollar and twenty-five cents shall be collected for each page of tax returns and filings of a taxpayer copied and delivered by a public entity.
(b) Notwithstanding the amount of any fee specified in paragraph (a) of this
subsection (3), if the public entity collecting the fee is a state agency, the executive director of the state agency by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the state agency by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(4) This section shall not apply to general taxes for real property as
governed by articles 1 to 14 of title 39, C.R.S.
Source: L. 90: Entire article added, p. 1643, � 1, effective January 1, 1991. L.
98: (3) amended, p. 1346, � 80, effective June 1.
38-25.5-103.5. Notification requirements - tax delinquency notification
fund - creation - immunity. (1) The department of revenue shall provide information to any lending institution that is an authorized person regarding the delinquent payment of sales and use tax, withholding tax, special fuels tax, gas tax, or aviation fuel tax by a borrower of funds from such institution provided such delinquency is in distraint warrant stage. The department shall honor any request made by a lending institution that is an authorized person to the extent set forth in the written authorization. Such provision of information shall be made in accordance with rules promulgated by the department, which shall include the following:
(a) The procedures pursuant to which lending institutions may request
notification under this section, when such notification will be provided by the department, and the manner in which such information shall be provided;
(b) The amount of the filing fee needed to cover programming and other
administrative costs, which may be adjusted periodically by the department and not necessarily at the beginning of the year;
(c) The level, type, or degree of delinquency subject to the disclosure
provided by this section;
(d) Any other information needed for the implementation of this section.
(2) The level, type, or degree of delinquency subject to the disclosure
provided by this section shall be set by the department of revenue.
(3) The department shall transmit any filing fees collected pursuant to this
section to the state treasurer, who shall deposit such fees in the state treasury in the tax delinquency notification fund, which fund is hereby created. Moneys so deposited and all interest earned on such moneys shall be retained in the fund.
Source: L. 97: Entire section added, p. 987, � 2, effective July 1.
38-25.5-104. Civil liability. Notwithstanding any other provision of law to
the contrary, no public entity, lender, authorized person, or transferor or any director, officer, employee, or agent thereof shall be liable in any civil action for damages to a taxpayer, authorized person, transferee, or any other person for any act done or omitted in accordance with the provisions of this article.
Source: L. 90: Entire article added, p. 1643, � 1, effective January 1, 1991.
38-25.5-105. Department of revenue fees - tax lien certification fund -
transfer - repeal. (1) Except as provided in section 38-25.5-103.5, fees collected by the department of revenue pursuant to this article 25.5 shall be deposited in the state treasury in the tax lien certification fund, which is created. Money so deposited and all interest and income derived from the deposit and investment of such money shall be used by the department of revenue for the purposes of this article 25.5 in accordance with the annual appropriation by the general assembly and shall not be deposited in or transferred to the general fund; except that money in excess of the maximum reserve, as defined in section 24-75-402 (2)(e.5), that remains in the fund at the end of any state fiscal year commencing on or after July 1, 2000, shall be transferred to the general fund. transferred to the general fund.
(2) (a) On June 30, 2025, the state treasurer shall transfer eighty-five
thousand nine hundred one dollars from the tax lien certification fund to the outdoor recreation economic development cash fund created in section 24-48.5-129 (4)(a).
(b) This subsection (2) is repealed, effective July 1, 2026.
Source: L. 90: Entire article added, p. 1643, � 1, effective January 1, 1991. L.
97: Entire section amended, p. 987, � 3, effective July 1. L. 2001: Entire section amended, p. 556, � 2, effective May 23. L. 2015: Entire section amended, (HB 15-1261), ch. 322, p. 1315, � 10, effective June 5. L. 2025: Entire section amended, (HB 25-1215), ch. 312, p. 1633, � 12, effective May 30.
Editor's note: Section 11 of chapter 322 (HB 15-1261), Session Laws of
Colorado 2015, provides that changes to this section by the act apply to fiscal years beginning on or after July 1, 2014.
Cross references: For the legislative declaration in HB 25-1215, see section 1
of chapter 312, Session Laws of Colorado 2025.
ARTICLE 26
Contractor's Bonds and Lien on Funds
C.R.S. § 38-26-101
38-26-101. Contractor defined. The word contractor, as used in sections 38-26-101, 38-26-106, and 38-26-107, means any person, copartnership, association of persons, company, or corporation to whom is awarded any contract for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public work of this state or for any county, city and county, municipality, school district, or other political subdivision of the state.
Source: L. 23: p. 480, � 1. CSA: C. 39, � 5. CRS 53: � 86-7-5. C.R.S. 1963: �
86-7-5.
C.R.S. § 38-26-102
38-26-102. Railroad and irrigation contractor's bond - action - limitation. (1) Whenever any railroad, reservoir, or irrigating canal company contracts with any person or corporation for the construction of its railroad, reservoir, or irrigating canal, or any part thereof, such company shall take from the person or corporation with whom such contract is made a good and sufficient bond, conditioned that such contractor shall pay or cause to be paid to all laborers, mechanics, materialmen, ranchmen, farmers, merchants, and other persons who supply such contractor, or any of his or her subcontractors, with labor, work, laborers, materials, ranch or farm products, provisions, goods, or supplies of any kind all just debts incurred therefor in carrying on such work, which bond shall be filed by such company in the office of the county clerk and recorder in the county where the principal work of such contractor is carried on. If any such railroad, reservoir, or irrigation canal company fails to take such bond, such company shall be liable to the persons mentioned to the full extent of all such debts so contracted by such contractor or any of his or her subcontractors. Any such contractor may take a similar bond from each of his or her subcontractors to secure the payment of all debts of the kind mentioned incurred by such contractor and file the same.
(2) All such persons mentioned in this section to whom any debt of the kind
mentioned is due from any such contractor or subcontractor shall severally have a right of action upon any such bond covering such debt taken as provided for the recovery of the full amount of such debt. A certified copy of the bond shall be received as evidence in any such action. In order that the right of action upon such bonds may exist, such person or parties granted such right shall comply with either of the following conditions:
(a) An action in a court of competent jurisdiction in the county where such
bond is filed shall be commenced within ninety days after the last item of indebtedness has accrued; or
(b) An itemized statement of the indebtedness duly verified shall be filed
within ninety days after the last item of such indebtedness has accrued in the office of the county clerk and recorder of the proper county, and an action shall be brought in any court of competent jurisdiction of such county within three months after the filing of such statement.
(3) In case an action is commenced upon the bond of a contractor, such
contractor may give notice thereof to the subcontractor liable for the claim. In such case the result of such action shall be binding upon the subcontractor and his sureties. In any case when a contractor has paid a claim for which a subcontractor is liable, such contractor shall bring action against the subcontractor and his sureties within sixty days after the payment of such claim.
Source: L. 11: p. 490, � 1. C.L. � 6481. CSA: C. 39, � 1. CRS 53: � 86-7-1. C.R.S.
1963: � 86-7-1. L. 2000: (1) amended, p. 212, � 15, effective August 2.
C.R.S. § 38-26-103
38-26-103. Verified account to company - withhold payments. Every laborer, mechanic, ranchman, farmer, merchant, or other person performing any work or labor or furnishing any laborers, materials, ranch or farm products, provisions, goods, or supplies to any contractor or subcontractor in the construction of any railroad, reservoir, or irrigation canal, or any part thereof, used by such contractor or subcontractor in carrying on said work of construction whose demand for work, labor, laborers, material, ranch or farm products, provisions, goods, or supplies so furnished has not been paid may deliver to the company owning such railroad, reservoir, or irrigation canal, or to its agent, a verified account of the amount and value of the work and labor so performed or the laborers, material, ranch or farm products, provisions, goods, or supplies so furnished. Thereupon such company, or its agent, shall retain out of the subsequent payments to the contractor the amount of such unpaid account for the benefit of the person to whom the same is due.
Source: L. 11: p. 491, � 2. C.L. � 6482. CSA: C. 39, � 2. CRS 53: � 86-7-2.
C.R.S. 1963: � 86-7-2. L. 2000: Entire section amended, p. 212, � 16, effective August 2.
C.R.S. § 38-26-104
38-26-104. Contractor furnished copy - undisputed accounts - condition. Whenever any verified account mentioned in section 38-26-103 is placed in the hands of any railroad, reservoir, or irrigating canal company, or its agent, it is the duty of such company to furnish the contractor with a copy of such verified account so that if there is any disagreement between the debtor and creditor as to the amount due the same may be amicably adjusted. If the contractor or subcontractor, if he is the debtor, does not give, within ten days after the receipt of such amount, the same railroad, reservoir, or irrigating canal company, or its agent, written notice that the claim is disputed, he shall be considered as assenting to its payment and the railroad, reservoir, or irrigating canal company, or its agent, shall be justified in paying the same when due and charging the same to the contractor. The person to whom any such debt is due and who delivers a verified account thereof as provided may recover the amount thereof in an action at law to the extent of any balance due by the railroad, reservoir, or irrigating canal company to the contractor at or after the time of delivering the verified account. Nothing in this section or in section 38-26-103 shall interfere with the right of action upon bonds provided for in section 38-26-102 or against the railroad, reservoir, or irrigating canal company for the full amount of any such debt in case of a failure of the company to take a bond.
Source: L. 11: p. 492, � 3. C.L. � 6483. CSA: C. 39, � 3. CRS 53: � 86-7-3.
C.R.S. 1963: � 86-7-3.
C.R.S. § 38-26-105
38-26-105. Public works contractor's bond - conditions - applicability - definitions. (1) Subject to subsection (2) of this section, any person, company, firm, or corporation entering into a contract for more than fifty thousand dollars with any county, municipality, or school district for the construction of any public building or the prosecution or completion of any public works or for repairs upon any public building or public works is required before commencing work to execute, in addition to all bonds that may be required of it, a penal bond with good and sufficient surety to be approved by the board or boards of county commissioners of the county or counties, the governing body or bodies of the municipality or municipalities, or the district school board or boards, conditioned that such contractor shall at all times promptly make payments of all amounts lawfully due to all persons supplying or furnishing such person or such person's subcontractors with labor, laborers, materials, rental machinery, tools, or equipment used or performed in the prosecution of the work provided for in such contract and that such contractor will indemnify and save harmless the county, municipality, or school district to the extent of any payments in connection with the carrying out of any such contract which the county or counties, municipality or municipalities, and school district or school districts may be required to make under the law. Subcontractors, materialmen, mechanics, suppliers of rental equipment, and others may have a right of action for amounts lawfully due them from the contractor or subcontractor directly against the principal and surety of such bond. Such action for laborers, materials, rental machinery, tools, or equipment furnished or labor rendered must be brought within six months after the completion of the work.
(2) Notwithstanding the monetary qualification provided in subsection (1) of
this section, the state, or the governing body of any county, municipality, school district, or other political subdivision determining it to be in the best interest of this state, or any county, municipality, school district, or other political subdivision may require the execution of a penal bond for any contract of fifty thousand dollars or less.
(3) This section applies to all contracts for more than fifty thousand dollars
awarded to a private entity for the construction of any public building or the prosecution or completion of any public works or for repairs upon any public building or public works that is situated or located on publicly owned property using any public or private money or public or private financing.
Source: L. 15: p. 395, � 1. C.L. � 9514. CSA: C. 39, � 4. CRS 53: � 86-7-4.
C.R.S. 1963: � 86-7-4. L. 75: Entire section amended, p. 821, � 17, effective July 18. L. 79: Entire section amended, p. 1392, � 1, effective May 25; entire section amended, p. 888, � 13, effective July 1. L. 81: Entire section amended, p. 1824, � 1, effective May 28. L. 85: (1) amended, p. 1201, � 1, effective May 10. L. 2000: (1) amended, p. 212, � 17, effective August 2. L. 2019: (1) amended and (3) added, (SB 19-138), ch. 117, p. 495, � 3, effective August 2.
Editor's note: Amendments to this section by House Bill 79-1146 and Senate
Bill 79-306 were harmonized.
Cross references: For the legislative declaration in SB 19-138, see section 1
of chapter 117, Session Laws of Colorado 2019.
C.R.S. § 38-26-106
38-26-106. Contractor executes bond - applicability. (1) Before entering upon the performance of any work included in the contract, a contractor shall duly execute, deliver to, and file with the board, officer, body, or person by whom the contract was awarded a good and sufficient bond or other acceptable surety approved by the contracting board, officer, body, or person, in a penal sum not less than one-half of the total amount payable under the terms of the contract; except that, for a public works contract having a total value of five hundred million dollars or more, a bond or other acceptable surety, including but not limited to a letter of credit, may be issued in a penal sum not less than one-half of the maximum amount payable under the terms of the contract in any calendar year in which the contract is performed. The contracting board, office, body, or person shall ensure that the contract requires that a bond or other acceptable surety, including but not limited to a letter of credit, be filed and current for the duration of the contract.
(2) A bond or other acceptable surety shall be duly executed by a qualified
corporate surety or other qualified financial institution, conditioned upon the faithful performance of the contract, and, in addition, shall provide that, if the contractor or his or her subcontractor fails to duly pay for any labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractor or his or her subcontractor in performance of the work contracted to be done or fails to pay any person who supplies laborers, rental machinery, tools, or equipment, all amounts due as the result of the use of such laborers, machinery, tools, or equipment, in the prosecution of the work, the surety or other qualified financial institution will pay the same in an amount not exceeding the sum specified in the bond or other acceptable surety together with interest at the rate of eight percent per annum. Unless a bond or other acceptable surety is executed, delivered, and filed, no claim in favor of the contractor arising under the contract shall be audited, allowed, or paid. A certified or cashier's check or a bank money order made payable to the treasurer of the state of Colorado or to the treasurer or other officer designated by the governing body of the contracting local government may be accepted in lieu of a bond or other acceptable surety.
(3) This section applies to:
(a) A contractor who is awarded a contract for more than fifty thousand
dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works for any county, city and county, municipality, school district, or other political subdivision of the state;
(b) A contractor who is awarded a contract for more than one hundred fifty
thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works for this state; and
(c) All contracts for more than one hundred fifty thousand dollars awarded
by any county, city and county, municipality, school district, or other political subdivision of the state to a private entity for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation, or other public works that is situated or located on publicly owned property using any public or private money or public or private financing.
Source: L. 23: p. 480, � 2. CSA: C. 39, � 6. CRS 53: � 86-7-6. C.R.S. 1963: �
86-7-6. L. 75: (1) amended, p. 1427, � 1, effective June 13. L. 77: Entire section amended, p. 1712, � 1, effective June 3. L. 81: (1) amended, p. 1825, � 2, effective May 28. L. 85: (2) amended, p. 1202, � 2, effective May 10. L. 2000: (2) amended, p. 213, � 18, effective August 2. L. 2004: (1) amended p. 228, � 4, effective August 4. L. 2009: Entire section amended, (SB 09-248), ch. 270, p. 1225, � 1, effective August 5. L. 2014: (1) amended, (HB 14-1387), ch. 378, p. 1853, � 65, effective June 6. L. 2019: (1) amended and (3) added, (SB 19-138), ch. 117, p. 495, � 4, effective August 2.
Cross references: (1) For the legislative declaration in HB 14-1387, see
section 1 of chapter 378, Session Laws of Colorado 2014.
(2) For the legislative declaration in SB 19-138, see section 1 of chapter 117,
Session Laws of Colorado 2019.
C.R.S. § 38-26-107
38-26-107. Supplier may file statement - notice - withholding funds. (1) Any person, as defined in section 2-4-401 (8), C.R.S., that has furnished labor, materials, sustenance, or other supplies used or consumed by a contractor or his or her subcontractor in or about the performance of the work contracted to be done or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work whose claim therefor has not been paid by the contractor or the subcontractor may, at any time up to and including the time of final settlement for the work contracted to be done, file with the board, officer, person, or other contracting body by whom the contract was awarded a verified statement of the amount due and unpaid on account of the claim. If the amount of the contract awarded to the contractor exceeds one hundred fifty thousand dollars, the board, officer, person, or other contracting body by whom the contract was awarded shall, no later than ten days before the final settlement is made, publish a notice of the final settlement at least twice in a newspaper of general circulation in any county where the work was contracted for or performed or in an electronic medium approved by the executive director of the department of personnel. It is unlawful for any person to divide a public works contract into two or more separate contracts for the sole purpose of evading or attempting to evade the requirements of this subsection (1).
(2) Upon the filing of any such claim, such board, officer, person, or other
body awarding the contract shall withhold from all payments to said contractor sufficient funds to ensure the payment of said claims until the same have been paid or such claims as filed have been withdrawn, such payment or withdrawal to be evidenced by filing with the person or contracting body by whom the contract was awarded a receipt in full or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized agents or assigns. Such funds shall not be withheld longer than ninety days following the date fixed for final settlement as published unless an action is commenced within that time to enforce such unpaid claim and a notice of lis pendens is filed with the person or contracting body by whom the contract was awarded.
(3) At the expiration of the ninety-day period, the person or other body
awarding the contract shall pay to the contractor such moneys and funds as are not the subject of suit and lis pendens notices and shall retain thereafter, subject to the final outcome thereof, only sufficient funds to ensure the payment of judgments that may result from the suit. Failure on the part of a claimant to comply with the provisions of sections 38-26-101, 38-26-106, and this section shall relieve the board, officer, body, or person by whom such contract was awarded from any liability for making payment to the contractor. At any time within ninety days following the date fixed for final settlement as published, any person, copartnership, association of persons, company, or corporation, or its assigns, whose claims have not been paid by any such contractor or subcontractor may commence an action to recover the same, individually or collectively, against the surety or other qualified financial institution on the bond or other acceptable surety specified and required in section 38-26-106.
Source: L. 23: p. 481, � 3. L. 29: p. 525, � 1. CSA: C. 39, � 7. CRS 53: � 86-7-7.
C.R.S. 1963: � 86-7-7. L. 85: (1) amended, p. 1202, � 3, effective May 10. L. 2000: (1) amended, p. 213, � 19, effective August 2. L. 2003: (1) amended, p. 1690, � 1, effective September 1. L. 2007: (1) amended, p. 420, � 1, effective August 3. L. 2009: (1) amended, (SB 09-290), ch. 374, p. 2042, � 8, effective August 5; (3) amended, (SB 09-248), ch. 270, p. 1226, � 2, effective August 5. L. 2014: (1) amended, (HB 14-1387), ch. 378, p. 1853, � 66, effective June 6.
Cross references: (1) For publication of legal notices, see part 1 of article 70
of title 24.
(2) For the legislative declaration in HB 14-1387, see section 1 of chapter
378, Session Laws of Colorado 2014.
C.R.S. § 38-26-108
38-26-108. Substitution of bond allowed. (1) Whenever a verified statement of a claim has been filed in accordance with section 38-26-107, the contractor holding the contract against which such statement has been filed, or other person who has an interest in the payments being withheld, by the contracting body that awarded the contract may, at any time, file with the clerk of the district court of the county where the contract is being performed or of the county where the office in which the verified statement of claim is located an ex parte motion for approval of a substitute corporate surety bond or any other undertaking that may be acceptable to a judge of such district court.
(2) A corporate surety bond or undertaking filed pursuant to subsection (1) of
this section shall be in an amount equal to one and one-half times the amount of the claim plus costs allowed by the court up to the date of such filing and shall have been approved by an order of a judge of the district court in which such bond or undertaking is filed. The order shall state that:
(a) The corporate surety bond or undertaking is approved;
(b) The verified statement of claim is discharged;
(c) The corporate surety bond or undertaking shall be substituted for the
moneys withheld pursuant to the verified statement of claim; and
(d) The contracting body that awarded the contract shall release the moneys
being withheld pursuant to the verified statement of claim on the same terms and conditions as if the verified statement of claim had been released by the claimant.
(3) A corporate surety bond or undertaking filed pursuant to subsection (1) of
this section shall be conditioned that, if the claimant is finally adjudged to be entitled to recover upon the claim upon which the claimant's verified statement of a claim is based, the surety issuing the bond or undertaking or the principal thereunder, shall pay to such claimant the amount of the judgment issued upon such claim, together with any interest, costs, and other amounts awarded by the judgment.
(4) Notwithstanding the provisions of section 38-26-107, upon the issuance
of an order from a judge of the district court approving a bond or undertaking filed pursuant to subsection (1) of this section, the clerk of such district court shall issue a certificate of release, which shall be served on the board, officer, person, or other contracting body by whom the contract was awarded by certified mail, return receipt requested, or by personal delivery. The certificate of release shall show that such claim against the contract has been discharged and released in full and the corporate surety bond or undertaking has been substituted. After the certificate of release is filed, payments to the contractor by the contracting body by whom the contract was awarded shall resume in accordance with the terms of the contract, and any funds previously withheld as a result of the filing of the verified statement shall be released to the contractor pursuant to the terms of the contract or, if not specified in the contract, within thirty days after the receipt of the certificate of release by the board, officer, person, or other contracting body by whom the contract was awarded.
(5) When a corporate surety bond or undertaking is substituted for a claim as
provided in this section, the claimant who filed the verified statement of a claim pursuant to section 38-26-107 (1) may bring an action against such bond or undertaking. Such action shall be commenced within the time allowed for the commencement of an action set forth in section 38-26-107 (3).
(6) In the event that no action is commenced upon the corporate surety bond
or undertaking within the time period called for by section 38-26-107, the corporate surety bond or undertaking shall be discharged and shall be returned to the contractor.
Source: L. 2000: Entire section added, p. 68, � 1, effective March 10.
C.R.S. § 38-26-109
38-26-109. Moneys for verified claims made - trust funds - disbursements - penalty. (1) All funds disbursed to any contractor or subcontractor under any contract or project subject to the provisions of this article shall be held in trust for the payment of any person that has furnished labor, materials, sustenance, or other supplies used or consumed by the contractor in or about the performance of the work contracted to be done or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work where the person has:
(a) Filed or may file a verified statement of a claim arising from the project;
or
(b) Asserted or may assert a claim against a principal or surety under the
provisions of this article and for whom or which such disbursement was made.
(2) The requirements of this section shall not be construed so as to require a
contractor or subcontractor to hold in trust any funds that have been disbursed to him or her for any person that has furnished labor, materials, sustenance, or other supplies used or consumed by the contractor or his or her subcontractor in the performance of the work contracted to be done; supplied laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work; filed or may file a verified statement of a claim arising from the project; or asserted or may assert a claim against a principal or surety that has furnished a bond under the provisions of this article if:
(a) The contractor or subcontractor has a good faith belief that the verified
statement of a claim or bond claim is not valid; or
(b) The contractor or subcontractor, in good faith, claims a setoff, to the
extent of such setoff.
(3) Each contractor or subcontractor shall maintain separate records of
account of each project or account; except that nothing in this section shall be construed to require a contractor or subcontractor to deposit trust funds from a single project in a separate bank account solely for that project as long as the trust funds are not disbursed in a manner that conflicts with the requirements of this section.
(4) Any person who violates the provisions of subsections (1) and (2) of this
section commits theft within the meaning of section 18-4-401, C.R.S.
Source: L. 2003: Entire section added, p. 1690, � 2, effective September 1.
C.R.S. § 38-33-113
38-33-113. License to sell condominiums and time shares. The general assembly hereby finds and declares that the licensing of persons to sell condominiums and time shares is a matter of statewide concern.
Source: L. 83: Entire section added, p. 594, � 5, effective May 25.
Cross references: For the licensing of real estate brokers and salespersons,
see article 10 of title 12.
ARTICLE 33.3
Colorado Common Interest Ownership Act
Editor's note: The provisions of this act are based substantially on the
Uniform Common Interest Ownership Act, as promulgated by the National Conference of Commissioners on Uniform State Laws. Colorado did not adopt article 4 concerning protection of purchasers and the optional article 5 of said uniform act concerning administration and registration of common interest communities.
Law reviews: For article, Colorado Common Interest Ownership Act -- How it
is Doing, see 25 Colo. Law. 17 (Nov. 1996); for article, When the Developer Controls the Homeowner Association Board: The Benevolent Dictator?, see 31 Colo. Law. 91 (Jan. 2002); for article, S.B. 05-100 and 06-089 -- Impact on Colorado's Common Interest Communities, see 35 Colo. Law. 57 (Dec. 2006); for article, When Homeowner Associations Borrow What Attorneys and Lenders Should Know, see 44 Colo. Law. 51 (Dec. 2015); for article, Construction Defect Municipal Ordinances: The Balkanization of Tort and Contract Law (Part 3), see 46 Colo. Law. 27 (Apr. 2017); for article, Mitigating Potential Condo Conversion and Renovation Construction Defect Liabilities: Part 1, see 48 Colo. Law. 28 (Apr. 2019); for article, Condominium Obsolescence: The Final Act or a New Beginning?, see 49 Colo. Law. 42 (Jan. 2020); for article, A Block of Blue Sky, Small Planned Communities in Colorado, see 49 Colo. Law. 53 (Dec. 2020); for article, In 'Case' You Missed It: Recent Real Estate Case Law Highlights, see 50 Colo. Law. 36 (Apr. 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 1, see 50 Colo. Law. 20 (June 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 2, see 50 Colo. Law. 32 (July 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 3, see 50 Colo. Law. 30 (Aug.-Sept. 2021); for article, Removing Common Interest Community Association Board Members, see 51 Colo. Law. 38 (Feb. 2022); for article, The State of Short-Term Rentals in Colorado, see 51 Colo. Law. 34 (Apr. 2022); for article, Terminating Common Interest Communities with Horizontal Boundaries under CCIOA, see 51 Colo. Law. 40 (June 2022); for article, Dirt in the Courts: A Summary of Recent Colorado Real Estate Caselaw, see 52 Colo. Law. 38 (Mar. 2023); for article, Making Up Your Own Rules for Resolving Residential Construction Defect Disputes, see 52 Colo. Law 36 (May 2023).
PART 1
GENERAL PROVISIONS
38-33.3-101. Short title. This article shall be known and may be cited as the
Colorado Common Interest Ownership Act.
Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.
38-33.3-102. Legislative declaration. (1) The general assembly hereby
finds, determines, and declares, as follows:
(a) That it is in the best interests of the state and its citizens to establish a
clear, comprehensive, and uniform framework for the creation and operation of common interest communities;
(b) That the continuation of the economic prosperity of Colorado is
dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months' lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association's powers to collect delinquent assessments, late charges, fines, and enforcement costs;
(c) That it is the policy of this state to give developers flexible development
rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;
(d) That it is the policy of this state to promote effective and efficient
property management through defined operational requirements that preserve flexibility for such homeowner associations;
(e) That it is the policy of this state to promote the availability of funds for
financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.
Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.
38-33.3-103. Definitions. As used in the declaration and bylaws of an
association, unless specifically provided otherwise or unless the context otherwise requires, and in this article:
(1) Affiliate of a declarant means any person who controls, is controlled by,
or is under common control with a declarant. A person controls a declarant if the person: Is a general partner, officer, director, or employee of the declarant; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the declarant; controls in any manner the election of a majority of the directors of the declarant; or has contributed more than twenty percent of the capital of the declarant. A person is controlled by a declarant if the declarant: Is a general partner, officer, director, or employee of the person; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the person; controls in any manner the election of a majority of the directors of the person; or has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection (1) are held solely as security for an obligation and are not exercised.
(2) Allocated interests means the following interests allocated to each
unit:
(a) In a condominium, the undivided interest in the common elements, the
common expense liability, and votes in the association;
(b) In a cooperative, the common expense liability and the ownership interest
and votes in the association; and
(c) In a planned community, the common expense liability and votes in the
association.
(2.5) Approved for development means that all or some portion of a
particular parcel of real property is zoned or otherwise approved for construction of residential and other improvements and authorized for specified densities by the local land use authority having jurisdiction over such real property and includes any conceptual or final planned unit development approval.
(3) Association or unit owners' association means a unit owners'
association organized under section 38-33.3-301.
(4) Bylaws means any instruments, however denominated, which are
adopted by the association for the regulation and management of the association, including any amendments to those instruments.
(5) Common elements means:
(a) In a condominium or cooperative, all portions of the condominium or
cooperative other than the units; and
(b) In a planned community, any real estate within a planned community
owned or leased by the association, other than a unit.
(6) Common expense liability means the liability for common expenses
allocated to each unit pursuant to section 38-33.3-207.
(7) Common expenses means expenditures made or liabilities incurred by
or on behalf of the association, together with any allocations to reserves.
(8) Common interest community means real estate described in a
declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.
(9) Condominium means a common interest community in which portions of
the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(10) Cooperative means a common interest community in which the real
property is owned by an association, each member of which is entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit.
(11) Dealer means a person in the business of selling units for such person's
own account.
(12) Declarant means any person or group of persons acting in concert
who:
(a) As part of a common promotional plan, offers to dispose of to a purchaser
such declarant's interest in a unit not previously disposed of to a purchaser; or
(b) Reserves or succeeds to any special declarant right.
(13) Declaration means any recorded instruments however denominated,
that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps.
(14) Development rights means any right or combination of rights reserved
by a declarant in the declaration to:
(a) Add real estate to a common interest community;
(b) Create units, common elements, or limited common elements within a
common interest community;
(c) Subdivide units or convert units into common elements; or
(d) Withdraw real estate from a common interest community.
(15) Dispose or disposition means a voluntary transfer of any legal or
equitable interest in a unit, but the term does not include the transfer or release of a security interest.
(16) Executive board means the body, regardless of name, designated in
the declaration to act on behalf of the association.
(16.5) Horizontal boundary means a plane of elevation relative to a
described bench mark that defines either a lower or an upper dimension of a unit such that the real estate respectively below or above the defined plane is not a part of the unit.
(17) Identifying number means a symbol or address that identifies only one
unit in a common interest community.
(17.5) Large planned community means a planned community that meets
the criteria set forth in section 38-33.3-116.3 (1).
(18) Leasehold common interest community means a common interest
community in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the common interest community or reduce its size.
(19) Limited common element means a portion of the common elements
allocated by the declaration or by operation of section 38-33.3-202 (1)(b) or (1)(d) for the exclusive use of one or more units but fewer than all of the units.
(19.5) Map means that part of a declaration that depicts all or any portion
of a common interest community in three dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A map is required for a common interest community with units having a horizontal boundary. A map and a plat may be combined in one instrument.
(20) Master association means an organization that is authorized to
exercise some or all of the powers of one or more associations on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities.
(21) Person means a natural person, a corporation, a partnership, an
association, a trust, or any other entity or any combination thereof.
(21.5) Phased community means a common interest community in which
the declarant retains development rights.
(22) Planned community means a common interest community that is not a
condominium or cooperative. A condominium or cooperative may be part of a planned community.
(22.5) Plat means that part of a declaration that is a land survey plat as set
forth in section 38-51-106, depicts all or any portion of a common interest community in two dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A plat and a map may be combined in one instrument.
(23) Proprietary lease means an agreement with the association pursuant
to which a member is entitled to exclusive possession of a unit in a cooperative.
(24) Purchaser means a person, other than a declarant or a dealer, who by
means of a transfer acquires a legal or equitable interest in a unit, other than:
(a) A leasehold interest in a unit of less than forty years, including renewal
options, with the period of the leasehold interest, including renewal options, being measured from the date the initial term commences; or
(b) A security interest.
(25) Real estate means any leasehold or other estate or interest in, over, or
under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real estate includes parcels with or without horizontal boundaries and spaces that may be filled with air or water.
(26) Residential use means use for dwelling or recreational purposes but
does not include spaces or units primarily used for commercial income from, or service to, the public.
(27) Rules and regulations means any instruments, however denominated,
which are adopted by the association for the regulation and management of the common interest community, including any amendment to those instruments.
(28) Security interest means an interest in real estate or personal property
created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.
(29) Special declarant rights means rights reserved for the benefit of a
declarant to perform the following acts as specified in parts 2 and 3 of this article: To complete improvements indicated on plats and maps filed with the declaration; to exercise any development right; to maintain sales offices, management offices, signs advertising the common interest community, and models; to use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community; to make the common interest community subject to a master association; to merge or consolidate a common interest community of the same form of ownership; or to appoint or remove any officer of the association or any executive board member during any period of declarant control.
(30) Unit means a physical portion of the common interest community
which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the declaration. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.
(31) Unit owner means the declarant or other person who owns a unit, or a
lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person; in a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated pursuant to section 38-33.3-207 until that unit has been conveyed to another person, who may or may not be a declarant under this article.
(32) Vertical boundary means the defined limit of a unit that is not a
horizontal boundary of that unit.
(33) Xeriscape means the combined application of the seven principles of
landscape planning and design, soil analysis and improvement, hydro zoning of plants, use of practical turf areas, uses of mulches, irrigation efficiency, and appropriate maintenance under section 38-35.7-107 (1)(a)(III)(A).
Source: L. 91: Entire article added, p. 1702, � 1, effective July 1, 1992. L. 93: IP,
(8), and (25) amended and (16.5), (19.5), (22.5), and (32) added, p. 642, � 1, effective April 30. L. 94: (17.5) added, p. 2845, � 1, effective July 1; (22.5) amended, p. 1509, � 44, effective July 1. L. 95: (2.5) added, p. 236, � 1, effective July 1. L. 97: (22.5) amended, p. 151, � 2, effective March 28. L. 98: (20) amended, p. 477, � 1, effective July 1. L. 2006: (21.5) added, p. 1215, � 1, effective May 26. L. 2013: (33) added, (SB 13-183), ch. 187, p. 757, � 2, effective May 10.
38-33.3-104. Variation by agreement. Except as expressly provided in this
article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.
Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.
38-33.3-105. Separate titles and taxation. (1) In a cooperative, unless the
declaration provides that a unit owner's interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes.
(2) In a condominium or planned community with common elements, each
unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate and must be separately assessed and taxed. The valuation of the common elements shall be assessed proportionately to each unit, in the case of a condominium in accordance with such unit's allocated interests in the common elements, and in the case of a planned community in accordance with such unit's allocated common expense liability, set forth in the declaration, and the common elements shall not be separately taxed or assessed. Upon the filing for recording of a declaration for a condominium or planned community with common elements, the declarant shall deliver a copy of such filing to the assessor of each county in which such declaration was filed.
(3) In a planned community without common elements, the real estate
comprising such planned community may be taxed and assessed in any manner provided by law.
Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992. L. 93: (1)
and (2) amended, p. 643, � 2, effective April 30.
38-33.3-106. Applicability of local ordinances, regulations, and building
codes. (1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units.
(2) In condominiums and cooperatives, no zoning, subdivision, or other real
estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.
Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.
38-33.3-106.5. Prohibitions contrary to public policy - patriotic, political,
or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - fire-hardened building materials - operation of businesses - definitions. (1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:
(a) The display of a flag on a unit owner's property, in a window of the unit, or
on a balcony adjoining the unit. The association shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the association may prohibit flags bearing commercial messages. The association may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole.
(b) Repealed.
(c) The display of a sign by the owner or occupant of a unit on property
within the boundaries of the unit or in a window of the unit. The association shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the association may prohibit signs bearing commercial messages. The association may establish reasonable, content-neutral sign regulations based on the number, placement, or size of the signs or on other objective factors.
(c.5) (I) The display of a religious item or symbol on the entry door or entry
door frame of a unit; except that an association may prohibit the display or affixing of an item or symbol to the extent that it:
(A) Threatens public health or safety;
(B) Hinders the opening or closing of an entry door;
(C) Violates federal or state law or a municipal ordinance;
(D) Contains graphics, language, or any display that is obscene or otherwise
illegal; or
(E) Individually or in combination with other religious items or symbols,
covers an area greater than thirty-six square inches.
(II) If an association is performing maintenance, repair, or replacement of an
entry door or door frame that serves a unit owner's separate interest, the unit owner may be required to remove a religious item or symbol during the time the work is being performed. After completion of the association's work, the unit owner may again display or affix the religious item or symbol. The association shall provide individual notice to the unit owner regarding the temporary removal of the religious item or symbol.
(III) As used in this subsection (1)(c.5), religious item or symbol means an
item or symbol displayed because of a sincerely held religious belief.
(d) The parking of a motor vehicle by the occupant of a unit on a street,
driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at such occupant's residence as a condition of the occupant's employment and all of the following criteria are met:
(I) The vehicle has a gross vehicle weight rating of ten thousand pounds or
less;
(II) The occupant is a bona fide member of a volunteer fire department or is
employed by a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services;
(III) The vehicle bears an official emblem or other visible designation of the
emergency service provider; and
(IV) Parking of the vehicle can be accomplished without obstructing
emergency access or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces within the common interest community.
(d.5) (I) The use of a public right-of-way in accordance with a local
government's ordinance, resolution, rule, franchise, license, or charter provision regarding use of the public right-of-way. Additionally, the association shall not require that a public right-of-way be used in a certain manner.
(II) As used in this subsection (1)(d.5), local government means a statutory
or home rule county, municipality, or city and county.
(e) The removal by a unit owner of trees, shrubs, or other vegetation to
create defensible space around a dwelling for fire mitigation purposes, so long as such removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by a local governmental entity to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located, and is no more extensive than necessary to comply with such plan. The plan shall be registered with the association before the commencement of work. The association may require changes to the plan if the association obtains the consent of the person, official, or agency that originally created the plan. The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations.
(f) (Deleted by amendment, L. 2006, p. 1215, � 2, effective May 26, 2006.)
(g) Reasonable modifications to a unit or to common elements as necessary
to afford a person with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);
(h) (I) The right of a unit owner, public or private, to restrict or specify by
deed, covenant, or other document:
(A) The permissible sale price, rental rate, or lease rate of the unit; or
(B) Occupancy or other requirements designed to promote affordable or
workforce housing as such terms may be defined by the local housing authority.
(II) (A) Notwithstanding any other provision of law, the provisions of this
subsection (1)(h) shall only apply to a county the population of which is less than one hundred thousand persons and that contains a ski lift licensed by the passenger tramway safety board created in section 12-150-104 (1).
(B) The provisions of this paragraph (h) shall not apply to a declarant-controlled community.
(III) Nothing in subparagraph (I) of this paragraph (h) shall be construed to
prohibit the future owner of a unit against which a restriction or specification described in such subparagraph has been placed from lifting such restriction or specification on such unit as long as any unit so released is replaced by another unit in the same common interest community on which the restriction or specification applies and the unit subject to the restriction or specification is reasonably equivalent to the unit being released in the determination of the beneficiary of the restriction or specification.
(IV) Except as otherwise provided in the declaration of the common interest
community, any unit subject to the provisions of this paragraph (h) shall only be occupied by the owner of the unit.
(i) (I) (A) The use of xeriscape, nonvegetative turf grass, or drought-tolerant
vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property or on a limited common element or other property for which the unit owner is responsible. An association may restrict the installation of nonvegetative turf grass to rear yard locations only. This subsection (1)(i)(I)(A), as amended by Senate Bill 23-178, enacted in 2023, applies only to a unit that is a single-family home that shares one or more walls with another unit and does not apply to a unit that is a detached single-family home.
(B) This subsection (1)(i), as amended by House Bill 21-1229, enacted in 2021,
does not apply to an association that includes time share units, as defined in section 38-33-110 (7).
(II) This paragraph (i) does not supersede any subdivision regulation of a
county, city and county, or other municipality.
(i.5) (I) The use of xeriscape, nonvegetative turf grass, or drought-tolerant or
nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner and any right-of-way or tree lawn that is the unit owner's responsibility to maintain. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to drought-tolerant vegetative or nonvegetative landscapes or to vegetable gardens or that regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on property that is subject to the guidelines or rules; except that the guidelines or rules must:
(A) Not prohibit the use of nonvegetative turf grass in the backyard of a unit
owner's property;
(B) Not unreasonably require the use of hardscape on more than twenty
percent of the landscaping area of a unit owner's property;
(C) Allow a unit owner an option that consists of at least eighty percent
drought-tolerant plantings; and
(D) Not prohibit vegetable gardens in the front, back, or side yard of a unit
owner's property. As used in this subsection (1)(i.5), vegetable garden means a plot of ground or an elevated soil bed in which pollinator plants, flowers, or vegetables or herbs, fruits, leafy greens, or other edible plants are cultivated.
(II) For the purposes of this subsection (1)(i.5), each association shall select
at least three preplanned water-wise garden designs that are preapproved for installation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping, as defined in section 37-60-135 (2)(l), which emphasize drought-tolerant and native plants, or be part of a water conservation program operated by a local water provider. Each garden design may be selected from the Colorado state university extension Plant Select organization's downloadable designs list or from a municipality, utility, or other entity that creates such garden designs. An association shall consider a unit owner's use of one of the garden designs selected by the association to be preapproved as complying with the association's aesthetic guidelines and shall allow a unit owner to use reasonable substitute plants when a plant in a design isn't available. Each association shall post on its public website, if any, information concerning preapprovals of garden designs.
(III) Except as described in subsection (1)(i.5)(IV) of this section, if an
association knowingly violates this subsection (1)(i.5), a unit owner who is affected by the violation may bring a civil action to restrain further violation and to recover up to a maximum of five hundred dollars or the unit owner's actual damages, whichever is greater.
(IV) Before a unit owner commences a civil action as described in subsection
(1)(i.5)(III) of this section, the unit owner shall notify the association in writing of the violation and allow the association forty-five days after receipt of the notice to cure the violation.
(V) Nothing in this subsection (1)(i.5) shall be construed to prohibit or restrict
the authority of associations to:
(A) Adopt bona fide safety requirements consistent with applicable
landscape codes or recognized safety standards for the protection of persons and property;
(B) Prohibit or restrict changes that interfere with the establishment and
maintenance of fire buffers or defensible spaces; or
(C) Prohibit or restrict changes to existing grading, drainage, or other
structural landscape elements necessary for the protection of persons and property.
(VI) Notwithstanding any provision of this section to the contrary, this
subsection (1)(i.5) applies only to a unit that is a single-family detached home and does not apply to:
(A) A unit that is a single-family attached home that shares one or more
walls with another unit; or
(B) A condominium.
(j) (I) The use of a rain barrel, as defined in section 37-96.5-102 (1), C.R.S., to
collect precipitation from a residential rooftop in accordance with section 37-96.5-103, C.R.S.
(II) This paragraph (j) does not confer upon a resident of a common interest
community the right to place a rain barrel on property or to connect a rain barrel to any property that is:
(A) Leased, except with permission of the lessor;
(B) A common element or a limited common element of a common interest
community;
(C) Maintained by the unit owners' association for a common interest
community; or
(D) Attached to one or more other units, except with permission of the
owners of the other units.
(III) A common interest community may impose reasonable aesthetic
requirements that govern the placement or external appearance of a rain barrel.
(k) (I) The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.
(II) This subsection (1)(k) does not supersede any of the association's
regulations concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The association shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.
(III) This subsection (1)(k) does not apply to a community qualified as housing
for older persons under the federal Housing for Older Persons Act of 1995, as amended, Pub.L. 104-76.
(IV) The association may require the owner or operator of a family child care
home located in the common interest community to carry liability insurance, at reasonable levels determined by the association's executive board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on the common elements, in the unit where the family child care home is located, or in any other unit located in the common interest community. The association shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the association is required to carry under the terms of the declaration.
(l) (I) The operation of a home-based business at a unit by the unit owner or a
resident of the unit with the unit owner's permission.
(II) The operation of a home-based business in a common interest community
must comply with, and an association may adopt and enforce, any reasonable and applicable rules and regulations governing architectural control, parking, landscaping, noise, nuisance, or other matters concerning the operation of a home-based business.
(III) The operation of a home-based business in a common interest
community must comply with any reasonable and applicable noise or nuisance ordinances or resolutions of the municipality or county where the common interest community is located.
(IV) As used in this subsection (1)(l), unless the context otherwise requires,
home-based business means a business for which the main office is located at, or the business operations primarily occur at, a unit.
(1.5) Notwithstanding any provision in the declaration, bylaws, or rules and
regulations of the association to the contrary, an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168.
(2) Notwithstanding any provision in the declaration, bylaws, or rules and
regulations of the association to the contrary, an association shall not require the use of cedar shakes or other flammable roofing materials.
(3) (a) Except as provided in subsection (3)(c) of this section, any provision in
the declaration, bylaws, or rules and regulations of an association on March 12, 2024, that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property is void and unenforceable.
(b) On and after March 12, 2024, except as provided in subsection (3)(c) of
this section, an association shall not:
(I) Prohibit the installation, use, or maintenance of fire-hardened building
materials on a unit owner's property; or
(II) Adopt any provision in the declaration, bylaws, or rules and regulations of
the association that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property.
(c) An association may develop standards that impose reasonable
restrictions on the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing so long as the standards do not:
(I) Increase the cost of the fencing by more than ten percent compared to
other fire-hardened building materials used for fencing; or
(II) Require a period of review and approval that exceeds sixty days after the
date on which the application for review is filed. If an application for installation of fire-hardened building materials for fencing is not denied or returned for modifications within sixty days after the application is filed, the application is deemed approved. The review process must be transparent and the basis for denial of an application must be described in reasonable detail and in writing. Denial of an application must not be arbitrary or capricious.
(d) Nothing in this subsection (3):
(I) Prohibits or restricts a unit owners' association from adopting bona fide
safety requirements that are consistent with applicable building codes or nationally recognized safety standards; or
(II) Confers upon a property owner the right to construct or place fire-hardened building materials on property that is:
(A) Owned by another person;
(B) Leased, except with permission of the lessor; or
(C) A limited common element or general common element of a common
interest community.
(e) As used in this subsection (3):
(I) Fire-hardened building materials means materials that meet:
(A) The criteria of ignition-resistant construction set forth in sections 504 to
506 of the most recent version of the International Wildland-Urban Interface Code;
(B) The criteria for construction in wildland areas set forth in the most recent
version of the NFPA standard 1140, Standard for Wildland Fire Protection, and the criteria for reducing structure ignition hazards from wildland fire set forth in the most recent version of the NFPA standard 1144, Reducing Structure Ignitions from Wildland Fire; or
(C) The requirements for a wildfire-prepared home established by the IBHS.
(II) IBHS means the Insurance Institute for Business and Home Safety or its
successor organization.
(III) NFPA means the National Fire Protection Association or its successor
organization.
(4) (a) In a subject jurisdiction or an accessory dwelling unit supportive
jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted on or after May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(b) In a subject jurisdiction or an accessory dwelling unit supportive
jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(c) Subsections (4)(a) and (4)(b) of this section do not apply to reasonable
restrictions on accessory dwelling units. As used in this subsection (4)(c), reasonable restriction means a substantive condition or requirement that does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit consistent with part 4 of article 35 of title 29.
(d) As used in this subsection (4), unless the context otherwise requires:
(I) Accessory dwelling unit has the same meaning as set forth in section
29-35-402 (2).
(II) Accessory dwelling unit supportive jurisdiction has the same meaning
as set forth in section 29-35-402 (3).
(III) Subject jurisdiction has the same meaning as set forth in section 29-35-402 (21).
(5) (a) In a transit center or neighborhood center, an association shall not
adopt a provision of a declaration, bylaw, or rule on or after May 13, 2024, that restricts the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(b) In a transit center or neighborhood center, no provision of a declaration,
bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(c) As used in this subsection (5), unless the context otherwise requires:
(I) Local law has the same meaning as set forth in section 29-35-103 (12).
(II) Neighborhood center has the same meaning as set forth in section 29-35-202 (5).
(III) Transit center has the same meaning as set forth in section 29-35-202
(9).
(6) (a) An association shall not prohibit or restrict the construction of
accessory dwelling units or middle housing if the zoning laws of the local jurisdiction would otherwise allow such uses on a property. This subsection (6)(a) applies only to any declaration recorded on or after July 1, 2024, or in any bylaws or rules and regulations of the association adopted or amended on or after July 1, 2024, unless the declaration, bylaws, or rules and regulations contained such a restriction as of May 30, 2024.
(b) As used in this subsection (6), unless the context otherwise requires:
(I) Accessory dwelling unit means an internal, attached, or detached
dwelling unit that is located on the same lot as a proposed or existing primary residence.
(II) Middle housing means a residential structure or structures that include
between two and four separate dwelling units in a structure, a townhome building, or a cottage cluster of up to four units.
Source: L. 2005: Entire section added, p. 1373, � 2, effective June 6. L. 2006:
(1)(a), (1)(b), (1)(c), IP(1)(d), (1)(d)(II), (1)(d)(IV), and (1)(f) amended and (2) added, p. 1215, � 2, effective May 26. L. 2008: (1)(g) added, p. 556, � 1, effective July 1; (1.5) added, p. 620, � 3, effective August 5. L. 2009: (1)(h) added, (HB 09-1220), ch. 166, p. 732, � 1, effective August 5. L. 2013: (1)(i) added, (SB 13-183), ch. 187, p. 757, � 3, effective May 10. L. 2016: (1)(j) added, (HB 16-1005), ch. 161, p. 511, � 3, effective August 10. L. 2019: (1)(i)(I) amended, (HB 19-1050), ch. 25, p. 84, � 1, effective March 7; (1)(h)(II)(A) amended, (HB 19-1172), ch. 136, p. 1723, � 233, effective October 1. L. 2020: (1)(c.5) added, (HB 20-1200), ch. 188, p. 861, � 3, effective June 30; (1)(k) added, (SB 20-126), ch. 250, p. 1222, � 1, effective September 14. L. 2021: (1)(a) and (1)(c) amended and (1)(b) repealed, (SB 21-1310), ch. 415, p. 2766, � 1, effective September 7; (1)(i)(I) amended, (HB 21-1229), ch. 409, p. 2708, � 3, effective September 7. L. 2022: (1)(k)(I) amended, (HB 22-1295), ch. 123, p. 865, � 123, effective July 1; (1)(d.5) added, (HB 22-1139), ch. 156, p. 985, � 1, effective August 10. L. 2023: (1)(i)(I)(A) amended and (1)(i.5) added, (SB 23-178), ch. 207, p. 1072, � 1, effective August 7. L. 2024: (3) added, (HB 24-1091), ch. 24, p. 68, � 2, effective March 12; (4) added, (HB 24-1152), ch. 167, p. 832, � 6, effective May 13; (5) added, (HB 24-1313), ch. 168, p. 868, � 4, effective May 13; (6) added, (SB 24-174), ch. 290, p. 1974, � 4, effective May 30; (1)(l) added, (SB 24-134), ch. 107, p. 334, � 1, effective August 7.
38-33.3-106.7. Unreasonable restrictions on energy efficiency measures -
definitions. (1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure.
(b) As used in this section, energy efficiency measure means a device or
structure that reduces the amount of energy derived from fossil fuels that is consumed by a residence or business located on the real property. Energy efficiency measure is further limited to include only the following types of devices or structures:
(I) An awning, shutter, trellis, ramada, or other shade structure that is
marketed for the purpose of reducing energy consumption;
(II) A garage or attic fan and any associated vents or louvers;
(III) An evaporative cooler;
(IV) An energy-efficient outdoor lighting device, including without limitation
a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device;
(V) A retractable clothesline; and
(VI) A heat pump system, as defined in section 39-26-732 (2)(c).
(2) Subsection (1) of this section shall not apply to:
(a) Reasonable aesthetic provisions that govern the dimensions, placement,
or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, common interest communities shall consider:
(I) The impact on the purchase price and operating costs of the energy
efficiency measure;
(II) The impact on the performance of the energy efficiency measure; and
(III) The criteria contained in the governing documents of the common
interest community.
(b) Bona fide safety requirements, consistent with an applicable building
code or recognized safety standard, for the protection of persons and property.
(3) This section shall not be construed to confer upon any property owner
the right to place an energy efficiency measure on property that is:
(a) Owned by another person;
(b) Leased, except with permission of the lessor;
(c) Collateral for a commercial loan, except with permission of the secured
party; or
(d) A limited common element or general common element of a common
interest community.
Source: L. 2008: Entire section added, p. 618, � 2, effective August 5. L.
2021: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added, (SB 21-246), ch. 283, p. 1675, � 2, effective September 7. L. 2023: (1)(b)(VI) amended, (SB 23-016), ch. 165, p. 740, � 11, effective August 7.
Cross references: For the legislative declaration in SB 21-246, see section 1
of chapter 283, Session Laws of Colorado 2021.
38-33.3-106.8. Unreasonable restrictions on electric vehicle charging
systems and electric vehicle parking - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that:
(a) The widespread use of plug-in electric vehicles can dramatically improve
energy efficiency and air quality for all Coloradans and should be encouraged wherever possible;
(b) Most homes in Colorado, including the vast majority of ne
C.R.S. § 38-35-204
38-35-204. Order to show cause. (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado for an order to show cause why the lien or document should not be declared invalid. The petition shall set forth a concise statement of the facts upon which the petition is based and shall be supported by an affidavit of the petitioner or the petitioner's attorney. The order to show cause may be granted ex parte and shall:
(a) Direct any lien claimant and any person who recorded or filed the lien or
document to appear as respondent before the court at a time and place certain not less than fourteen days nor more than twenty-one days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by this section should not be granted;
(b) State that, if the respondent fails to appear at the time and place
specified, the spurious lien or spurious document will be declared invalid and released; and
(c) State that the court shall award costs, including reasonable attorney
fees, to the prevailing party.
(2) If, following the hearing on the order to show cause, the court determines
that the lien or document is a spurious lien or spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or spurious document and any related notice of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against any respondent and in favor of the petitioner. A certified copy of such order may be recorded or filed in the office of any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state.
(3) If, following the hearing on the order to show cause, the court determines
that the lien or document is not a spurious lien or spurious document, the court shall issue an order so finding and enter a monetary judgment in the amount of any respondent's costs, including reasonable attorney fees, against any petitioner and in favor of the respondent.
Source: L. 97: Entire part added, p. 37, � 1, effective March 20. L. 2012: (1)(a)
amended, (SB 12-175), ch. 208, p. 895, � 170, effective July 1.
Editor's note: Section 38-22.5-110 states that this section applies to liens
asserted pursuant to article 22.5 of this title.
ARTICLE 35.5
Nondisclosure of Information Psychologically
Impacting Real Property
38-35.5-101. Circumstances psychologically impacting real property - no
duty for broker or salesperson to disclose. (1) Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:
(a) That an occupant of real property is, or was at any time suspected to be,
infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(b) That the property was the site of a homicide or other felony or of a
suicide.
(2) No cause of action shall arise against a real estate broker or salesperson
for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.
Source: L. 91: Entire article added, p. 1636, � 20, effective July 1.
ARTICLE 35.7
Disclosures Required in Connection with
Conveyances of Residential Real Property
38-35.7-101. Disclosure - special taxing districts - general obligation
indebtedness. (1) Every contract for the purchase and sale of residential real property shall contain a disclosure statement in bold-faced type which is clearly legible and in substantially the following form:
SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
(2) The obligation to provide the disclosure set forth in subsection (1) of this
section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for all damages to the purchaser resulting from such failure plus court costs.
Source: L. 92: Entire article added, p. 995, � 4, effective July 1. L. 2009: (1)
amended, (SB 09-087), ch. 325, p. 1735, � 7, effective July 1.
38-35.7-102. Disclosure - common interest community - obligation to pay
assessments - requirement for architectural approval. (1) On and after January 1, 2007, every contract for the purchase and sale of residential real property in a common interest community shall contain a disclosure statement in bold-faced type that is clearly legible and in substantially the following form:
THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.
(2) (a) The obligation to provide the disclosure set forth in subsection (1) of
this section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for actual damages directly and proximately caused by such failure plus court costs. It shall be an affirmative defense to any claim for damages brought under this section that the purchaser had actual or constructive knowledge of the facts and information required to be disclosed.
(b) Upon request, the seller shall either provide to the buyer or authorize the
unit owners' association to provide to the buyer, upon payment of the association's usual fee pursuant to section 38-33.3-317 (4), all of the common interest community's governing documents and financial documents, as listed in the most recent available version of the contract to buy and sell real estate promulgated by the real estate commission as of the date of the contract.
(3) This section shall not apply to the sale of a unit that is a time share unit,
as defined in section 38-33-110 (7).
Source: L. 2005: Entire section added, p. 1389, � 19, effective January 1,
-
L. 2006: Entire section R&RE, p. 1225, � 15, effective May 26. L. 2012: (2)(b) amended, (HB 12-1237), ch. 232, p. 1019, � 2, effective January 1, 2013.
38-35.7-103. Disclosure - methamphetamine laboratory. (1) A buyer of residential real property has the right to test the property for the purpose of determining whether the property has ever been used as a methamphetamine laboratory.
(2) (a) Tests conducted pursuant to this section shall be performed by a certified industrial hygienist or industrial hygienist, as those terms are defined in section 24-30-1402, C.R.S., and in accordance with the procedures and standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been contaminated with methamphetamine or other contaminants for which standards have been established pursuant to section 25-18.5-102, C.R.S., and has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., the buyer shall promptly give written notice to the seller of the results of the test, and the buyer may terminate the contract. The contract shall not limit the rights to test the property or to cancel the contract based upon the result of the tests.
(b) The seller shall have thirty days after receipt of the notice to conduct a second independent test. If the seller's test results indicate that the property has been used as a methamphetamine laboratory but has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., then the second independent hygienist shall so notify the seller.
(c) If the seller receives a notice under this subsection (2) and does not elect to have the property retested under this subsection (2), then an illegal drug laboratory used to manufacture methamphetamine has been discovered. Nothing in this section prohibits a buyer from purchasing the property and assuming liability under section 25-18.5-103, C.R.S., if, on the date of closing, the buyer provides notice to the department of public health and environment and governing body of the purchase and assumption of liability and if the remediation required by section 25-18.5-103, C.R.S., is completed within ninety days after the date of closing.
(3) (a) Except as specified in subsection (4) of this section, the seller shall disclose in writing to the buyer whether the seller knows that the property was previously used as a methamphetamine laboratory.
(b) A seller who fails to make a disclosure required by this section at or before the time of sale and who knew of methamphetamine production on the property is liable to the buyer for:
(I) Costs relating to remediation of the property according to the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S.;
(II) Costs relating to health-related injuries occurring after the sale to residents of the property caused by methamphetamine production on the property; and
(III) Reasonable attorney fees for collection of costs from the seller.
(c) A buyer shall commence an action under this subsection (3) within three years after the date on which the buyer closed the purchase of the property where the methamphetamine production occurred.
(4) If the seller becomes aware that the property was an illegal methamphetamine drug laboratory, remediates the property in accordance with the standards established pursuant to section 25-18.5-102, and receives certificates of compliance under section 25-18.5-102 (1)(e), then:
(a) The seller is not required to disclose that the property was used as an illegal methamphetamine drug laboratory to a buyer; and
(b) Five years after the later date on the certificates of compliance issued pursuant to section 25-18.5-102 (1)(e), the property is no longer included in the database listing properties that have been used as an illegal methamphetamine drug laboratory in accordance with section 25-18.5-106 (2).
(5) For purposes of this section, residential real property or property includes a manufactured home; mobile home; condominium; townhome; home sold by the owner, a financial institution, or the federal department of housing and urban development; rental property, including an apartment; and short-term residence such as a motel or hotel.
Source: L. 2006: Entire section added, p. 712, � 1, effective January 1, 2007. L. 2009: (2)(a) amended, (SB 09-060), ch. 140, p. 601, � 3, effective April 20. L. 2013: (2)(c) and (4) amended, (SB 13-219), ch. 293, p. 1570, � 2, effective August 7. L. 2023: (4) and (5) amended, (SB 23-148), ch. 326, p. 1958, � 5, effective August 7.
38-35.7-104. Disclosure of potable water source - rules. (1) (a) (I) By January 1, 2008, the real estate commission created in section 12-10-206 shall, by rule, require each listing contract, contract of sale, or seller's property disclosure for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the source of potable water for the property, which disclosure shall include substantially the following information:
THE SOURCE OF POTABLE WATER FOR THIS REAL ESTATE IS:
A WELL;
A WATER PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS:
NAME:
ADDRESS:
WEB SITE:
TELEPHONE:
NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS [DESCRIBE]:
SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNDWATER. YOU MAY WISH TO CONTACT YOUR PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
(II) On and after January 1, 2008, each listing contract, contract of sale, or
seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction pursuant to article 10 of title 12 shall contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in subsection (1)(a)(I) of this section.
(b) If the disclosure statement required by paragraph (a) of this subsection
(1) indicates that the source of potable water is a well, the seller shall also provide with such disclosure a copy of the current well permit if one is available.
(2) The obligation to provide the disclosure set forth in subsection (1) of this
section shall be upon the seller. If the seller complies with this section, the purchaser shall not have any claim under this section for relief against the seller or any person licensed pursuant to article 10 of title 12 for any damages to the purchaser resulting from an alleged inadequacy of the property's source of water. Nothing in this section shall affect any remedy that the purchaser may otherwise have against the seller.
(3) For purposes of this section, residential real property means residential
land and residential improvements, as those terms are defined in section 39-1-102, C.R.S., but does not include hotels and motels, as those terms are defined in section 39-1-102, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section 39-1-102, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation.
Source: L. 2007: Entire section added, p. 853, � 1, effective August 3. L.
2019: (1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1724, � 236, effective October 1.
38-35.7-105. Disclosure of transportation projects - rules. No later than
January 1, 2009, the real estate commission created in section 12-10-206 shall, by rule, require each seller's property disclosure for real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the existence of any proposed or existing transportation project that affects or is expected to affect the real property.
Source: L. 2008: Entire section added, p. 1713, � 10, effective June 2. L. 2019:
Entire section amended, (HB 19-1172), ch. 136, p. 1725, � 237, effective October 1.
38-35.7-106. Solar prewire option - solar consultation. (1) (a) Every person
that builds a new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to have each of the following options included in the residence's electrical system or plumbing system, or both:
(I) A residential photovoltaic solar generation system or a residential solar
thermal system, or both;
(II) Upgrades of wiring or plumbing, or both, planned by the builder to
accommodate future installation of such systems; and
(III) A chase or conduit, or both, constructed to allow ease of future
installation of the necessary wiring or plumbing for such systems.
(b) The offer required by subsection (1)(a) of this section must be made in
accordance with the builder's construction schedule for the residence.
(2) Every person that builds a new single-family detached residence for sale,
whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the Colorado solar energy industries association, or a successor organization.
(3) Repealed.
(4) Providing the master list of solar installers prepared by the Colorado
solar energy industries association, or a successor organization, to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer.
(5) Repealed.
(6) Nothing in this section shall preclude a person that builds a new single-family detached residence from:
(a) Subjecting solar photovoltaic electrical system upgrades to the same
terms and conditions as other upgrades, including but not limited to charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;
(b) Selecting the contractors that will complete the installation of solar
photovoltaic electrical system upgrades;
(c) Stipulating in the purchase agreement or sales contract that solar
photovoltaic electrical system upgrades are based on technology available at the time of installation and such upgrades may not support all solar photovoltaic systems or systems installed at a future date, and that the person that builds a new single-family detached residence shall not be liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate a solar photovoltaic system installed at a future date.
(7) (a) This section applies to contracts entered into on or after August 10,
2009, to purchase new single-family detached residences built on or after August 10, 2009.
(b) This section does not apply to:
(I) An unoccupied home serving as sales inventory or a model home; or
(II) A manufactured home as defined in section 24-32-3302 (20).
Source: L. 2009: Entire section added, (HB 09-1149), ch. 235, p. 1073, � 1,
effective August 5. L. 2012: (2), (3), (4), and (5) amended, (HB 12-1315), ch. 224, p. 977, � 43, effective July 1. L. 2018: (2) and (4) amended and (3) and (5) repealed, (SB 18-003), ch. 359, p. 2148, � 11, effective June 1. L. 2020: (1) and (7) amended, (HB 20-1155), ch. 193, p. 895, � 2, effective September 14.
38-35.7-107. Water-smart homes option. (1) (a) Every person that builds a
new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to select one or more of the following water-smart home options for the residence:
(I) Repealed.
(II) If dishwashers or clothes washers are financed, installed, or sold as
upgrades through the home builder, the builder shall offer a model that is qualified pursuant to the federal environmental protection agency's energy star program at the time of offering. Clothes washers shall have a water factor of less than or equal to six gallons of water per cycle per cubic foot of capacity.
(III) If landscaping is financed, installed, or sold as upgrades through the
home builder and will be maintained by the home owner, the home builder shall offer a landscape design that follows the landscape practices specified in this subparagraph (III) to ensure both the professional design and installation of such landscaping and that water conservation will be accomplished. These best management practices are contained in the document titled Green Industry Best Management Practices (BMPs) for the Conservation and Protection of Water Resources in Colorado: Moving Toward Sustainability, 3rd release, and appendix, released in May 2008, or this document's successors due to future inclusion of improved landscaping practices, water conservation advancements, and new irrigation technology. The best management practices specified in this subparagraph (III), through utilization of the proper landscape design, installation, and irrigation technology, accomplish substantial water savings compared to landscape designs, installation, and irrigation system utilization where these practices are not adhered to. The following best management practices and water budget calculator form the basis for the design and installation for the front yard landscaping option if selected by the homeowner as an upgrade:
(A) Xeriscape: To include the seven principles of xeriscape that provide a
comprehensive approach for conserving water;
(B) Water budgeting: To include either a water allotment by the water utility
for the property, if offered by the water utility, or a landscape water budget based on plant water requirements;
(C) Landscape design: To include a plan and design for the landscape to
comprehensively conserve water and protect water quality;
(D) Landscape installation and erosion control: To minimize soil erosion and
employ proper soil care and planting techniques during construction;
(E) Soil amendment and ground preparation: To include an evaluation of the
soil and improve it, if necessary, to address water retention, permeability, water infiltration, aeration, and structure;
(F) Tree placement and tree planting: To include proper soil and space for
root growth and to include proper planting of trees, shrubs, and other woody plants to promote long-term health of these plants;
(G) Irrigation design and installation: To include design of the irrigation
system for the efficient and uniform distribution of water to plant material and the development of an irrigation schedule;
(H) Irrigation technology and scheduling: To include water conserving
devices that stop water application during rain, high wind, and other weather events and incorporate evapotranspiration conditions. Irrigation scheduling should address frequency and duration of water application in the most efficient manner; and
(I) Mulching: To include the use of organic mulches to reduce water loss
through evaporation, reduce soil loss, and suppress weeds.
(IV) Installation of a pressure-reducing valve that limits static service
pressure in the residence to a maximum of sixty pounds per square inch. Piping for home fire sprinkler systems shall comply with state and local codes and regulations but are otherwise excluded from this subparagraph (IV).
(b) The offer required by paragraph (a) of this subsection (1) shall be made in
accordance with the builder's construction schedule for the residence. In the case of prefabricated or manufactured homes, construction schedule includes the schedule for completion of prefabricated walls or other subassemblies.
(2) Nothing in this section precludes a person that builds a new single-family
detached residence from:
(a) Subjecting water-efficient fixture and appliance upgrades to the same
terms and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;
(b) Selecting the contractors that will complete the installation of the
selected options; or
(c) Stipulating in the purchase agreement or sales contract that water-efficient fixtures and appliances are based on technology available at the time of
installation, such upgrades may not support all water-efficient fixtures or appliances installed at a future date, and the person that builds a new single-family detached residence is not liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate water-efficient fixtures or appliances installed at a future date.
(3) This section does not apply to unoccupied homes serving as sales
inventory or model homes.
(4) The upgrades described in paragraph (a) of subsection (1) of this section
shall not contravene state or local codes, covenants, and requirements. All homes, landscapes, and irrigation systems shall meet all applicable national, state, and local regulations.
Source: L. 2010: Entire section added, (HB 10-1358), ch. 398, p. 1892, � 1,
effective January 1, 2011. L. 2011: IP(1)(a)(III) amended, (HB 11-1303), ch. 264, p. 1174, � 89, effective August 10. L. 2014: (1)(a)(I)(B) added by revision, (SB 14-103), ch. 384, pp. 1877, 1880, � 3, 6.
Editor's note: Subsection (1)(a)(I)(B) provided for the repeal of subsection
(1)(a)(I), effective September 1, 2016. (See L. 2014, pp. 1877, 1880.)
38-35.7-108. Disclosure of oil and gas activity - rules. (1) (a) By January 1,
2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information:
THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY
FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.
THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE
GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.
THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO
THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.
THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION
REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.
(b) On and after January 1, 2016, each contract of sale or seller's property
disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).
(2) The disclosure required by subsection (1) of this section does not create a
duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article 10 of title 12, or a title insurance agent or company licensed under article 2 of title 10.
Source: L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, � 1,
effective August 6. L. 2019: IP(1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1725, � 238, effective October 1. L. 2023: (1)(a) amended, (SB 23-285), ch. 235, p. 1258, � 41, effective July 1.
38-35.7-109. Electric vehicle charging and heating systems - options -
definitions. (1) (a) A person that builds a new residence for which a buyer is under contract shall offer the buyer the opportunity to have the residence's electrical system include one of the following:
(I) An electric vehicle charging system;
(II) Upgrades of wiring planned by the builder to accommodate future
installation of an electric vehicle charging system; or
(III) A two-hundred-eight- to two-hundred-forty-volt alternating current
plug-in receptacle in an appropriate place accessible to a motor vehicle parking area.
(b) A person that builds a new residence for which a buyer is under contract
shall offer the buyer the opportunity to have the residence include an efficient electrical heating system, including an electric water heater, electric boiler, or electric furnace or heat-pump system.
(c) A person that builds a new residence for which a buyer is under contract
shall offer the buyer pricing, energy efficiency, and utility bill information for each natural gas, electric, or other option available from and information pertaining to those options from the federal Energy Star program, as defined in section 6-7.5-102 (24), or similar information about energy efficiency and utilization reasonably available to the person building the residence.
(d) Subsection (1)(a) of this section does not apply to a residence in which the
electrical system has been substantially installed before a buyer enters into a contract to purchase the residence. Subsection (1)(b) of this section does not apply to a residence in which the heating system has been substantially installed before a buyer enters into a contract to purchase the residence.
(2) To comply with this section, the offer required by subsection (1) of this
section must be made in accordance with the builder's construction schedule for the residence.
(3) Nothing in this section precludes a person that builds a new residence
from:
(a) Subjecting electric vehicle charging system upgrades to the same terms
and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;
(b) Selecting the contractors that will complete the installation of electric
vehicle charging system upgrades;
(c) Stipulating in the purchase agreement or sales contract that:
(I) Electric vehicle charging system upgrades are based on technology
available at the time of installation and might not support all electric vehicle charging systems or systems installed in the future; and
(II) The person that builds a new residence is not liable for any additional
upgrades, retrofits, or other alterations to the residence necessary to accommodate an electric vehicle charging system installed in the future.
(4) As used in this section:
(a) Electric vehicle charging system means:
(I) An electric vehicle charging system as defined in section 38-12-601 (6)(a)
that has power capacity of at least 6.2 kilowatts, that is Energy Star certified, and that has the ability to connect to the internet; or
(II) An inductive residential charging system for battery-powered electric
vehicles that is certified by Underwriters Laboratories or an equivalent certification, that complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards, that is Energy Star certified, and that has the ability to connect to the internet.
(b) Residence means a single-family owner-occupied detached dwelling.
(5) (a) This section applies to contracts entered into on or after September
14, 2020, to purchase new residences built on or after September 14, 2020.
(b) This section does not apply to:
(I) An unoccupied home serving as sales inventory or a model home; or
(II) A manufactured home as defined in section 24-32-3302 (20).
Source: L. 2020: Entire section added, (HB 20-1155), ch. 193, p. 896, � 3,
effective September 14. L. 2023: (1)(c) amended, (HB 23-1161), ch. 285, p. 1717, � 11, effective August 7.
38-35.7-110. Disclosure - estimated future property taxes for residences
within the boundaries of a metropolitan district - rules - definition.
(1) Repealed.
(2) On and after January 1, 2022, an owner of residential real property that is
located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property, concurrently with or prior to the execution of a contract to sell the property, shall provide to the purchaser of the property:
(a) A paper copy, electronic copy, or a website page link to the notice to
electors required by section 32-1-809 (1) as most recently prepared and filed by the metropolitan district;
(b) A paper copy, electronic copy, or a website page link to the service plan
or statement of purpose of the metropolitan district, including any amendments to the service plan, as filed with the division of local government in the department of local affairs;
(c) A statement in writing disclosing that:
(I) Pursuant to its service plan, the metropolitan district has authority to
issue up to ____ dollars of debt and, if applicable, that the debt of the district may be repaid through ad valorem property taxes, from a debt service mill levy on all taxable property of the district, or any other legally available revenues of the district;
(II) The maximum debt service mill levy the metropolitan district is permitted
to impose under the service plan is ____ mills or, if no maximum debt service mill levy is specified in the service plan, a statement that there is no maximum debt service mill levy. If applicable, the statement must also disclose whether the debt service mill levy cap may be adjusted due to changes in the constitutional or statutory method of assessing property tax or in the assessment ratio, or by amendments to the service plan or voter authorizations.
(III) In addition to imposing a debt service mill levy, the metropolitan district
is also authorized to impose a separate mill levy to generate revenues for general operating expenses. If applicable, the statement must also disclose whether the amount of the general operating expenses mill levy may be increased as necessary, separate and apart from the debt service mill levy cap. In the alternative, if the service plan provides for the aggregate mill levy cap for debt service and general operating expenses combined, the statement must address the applicable aggregate mill levy cap.
(IV) The metropolitan district may also rely upon various other revenue
sources authorized by law to offset its expenses of capital construction and general operating expenses. Pursuant to Colorado law, the district may impose fees, rates, tolls, penalties, or other charges as provided in title 32. The statement must include that a current fee schedule, if applicable, is available from the metropolitan district.
(V) Actions by the metropolitan district pursuant to its authority to issue
debt, impose mill levies, and impose fees, rates, tolls, penalties, or other charges may increase costs to residents living in the metropolitan district.
(d) An estimate of the dollar amount of property taxes levied by the
metropolitan district that are applicable to the property for collection during the year in which the sale occurs, which estimate must include any debt service mill levies that are specified in subsection (2)(c)(II) of this section and any mill levies for general operating expenses that are specified in subsection (2)(c)(III) of this section, shown both as the total mill levy as well as the total dollar amount that could be collected based upon the purchase price of the property, the residential assessment rate, and mill levies that are in effect in the district at the time of the sale; and
(e) A copy of the most current certificate of taxes due or tax statement
issued by the county treasurer that is applicable to the property as an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property in which the newly constructed residence is located.
(3) In disclosing an estimate of property taxes for purposes of satisfying
subsection (2)(d)(I) of this section, the seller shall calculate the estimate based upon application of the following assumptions:
(a) The purchase price is considered to be the value of the real property
including the newly constructed residence as reflected in the contract to purchase the property;
(b) The ratio of valuation for assessment is the same as the residential real
property assessment ratio set forth in section 39-1-104.2 for the property tax year in which the sale occurs; and
(c) The mill levies are the same as those levied by all taxing entities that are
applicable to the property for the property tax year in which the sale occurs; except that, if the seller has actual knowledge that the total mill levies will change in the next property tax year, the seller shall use the updated information in making the calculation.
(4) Along with the estimate required by subsection (2) of this section, the
seller shall include, in bold-faced type that is clearly legible, the following statement:
This estimate only provides an illustration of the amount of the new property taxes that may be due and owing after the property has been reassessed and, in some instances, reclassified as residential property. This estimate is not a statement of the actual and future taxes that may be due. First year property taxes may be based on a previous year's tax classification, which may not include the full value of the property and, consequently, taxes may be higher in subsequent years. A seller has complied with this disclosure statement as long as the disclosure is based upon a good-faith effort to provide accurate estimates and information.
(5) A seller is deemed to have complied with this section as long as the
disclosures required by this section are based upon a good-faith effort to provide accurate estimates and information.
Source: L. 2021: Entire section added, (SB 21-262), ch. 368, p. 2430, � 6,
effective September 7. L. 2022: (2)(e) amended, (SB 22-164), ch. 155, p. 984, � 1, effective May 6. L. 2025: (1) repealed, IP(2) and (2)(d) amended, and (2)(c)(V) added, (HB 25-1219), ch. 290, p. 1491, � 4, effective August 6.
38-35.7-111. Disclosure - metropolitan district website - residences within
the boundaries of a metropolitan district. On or after January 1, 2024, an owner of residential real property that is located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property shall provide the purchaser of the property with the official website established by the metropolitan district pursuant to section 32-1-104.5 (3). The information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.
Source: L. 2023: Entire section added, (SB 23-110), ch. 52, p. 186, � 5,
effective August 7.
38-35.7-112. Disclosure - elevated radon - rules - definition. (1) A buyer of
residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.
(2) (a) Each contract of sale for residential real property must contain the
following disclosure in bold-faced type that is clearly legible in substantially the same form as is specified as follows:
The Colorado Department of Public Health and Environment strongly
recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
Residential real property may present exposure to dangerous levels of
indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.
(b) Each contract of sale for residential real property or seller's property
disclosure for residential real property must contain the following disclosures:
(I) Any knowledge the seller has of the residential real property's radon
concentrations, including the following information:
(A) Whether a radon test or tests have been conducted on the residential
real property;
(B) The most recent records and reports pertaining to radon concentrations
within the residential real property;
(C) A description of any radon concentrations detected or mitigation or
remediation performed; and
(D) Information regarding whether a radon mitigation system has been
installed in the residential real property; and
(II) An electronic or paper copy of the most recent brochure published by the
department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.
(c) The real estate commission shall promulgate rules requiring:
(I) Each contract that is for the purchase and sale of residential real property
and that is subject to the real estate commission's jurisdiction to include the statement described in subsection (2)(a) of this section in bold-faced type that is clearly legible in substantially the same form as described in subsection (2)(a) of this section; and
(II) Each contract for sale or seller's property disclosure for residential real
property to include the disclosures described in subsection (2)(b) of this section, including rules that specify the format and manner for delivery of the brochure.
(3) As used in this section:
(a) Real estate commission means the real estate commission created in
section 12-10-206.
(b) Residential real property includes:
(I) A single-family home, manufactured home, mobile home, condominium,
apartment, townhome, or duplex; or
(II) A home sold by the owner, a financial institution, or the United States
department of housing and urban development.
Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2135, � 2,
effective August 7.
Cross references: For the legislative declaration in SB 23-206, see section 1
of chapter 356, Session Laws of Colorado 2023.
ARTICLE 36
Torrens Title Registration Act
PART 1
TORRENS TITLE REGISTRATION
C.R.S. § 38-40-106
38-40-106. Mortgage servicers - requirements concerning disbursement of insurance proceeds - disclosure of mortgage interest rate - retention of communications - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Borrower has the meaning set forth in section 38-38-100.3 (2.5).
(b) Mortgage servicer means:
(I) A mortgage servicer, as defined in section 5-21-103 (4);
(II) A mortgage servicer, as defined in section 38-38-100.3 (23.3); or
(III) An agent of a mortgage servicer.
(c) Rebuild plan means a written plan to rebuild a residential property that
has been destroyed.
(d) Repair plan means a written plan to repair a residential property that
has been damaged.
(e) Residential property means a residential property that is the subject of
a mortgage.
(2) (a) Upon the request of a borrower, a mortgage servicer shall promptly
disclose to the borrower the specific conditions under which the mortgage servicer will disburse insurance proceeds to the borrower in the event that a residential property that is the subject of a mortgage is damaged or destroyed and an insurance company pays insurance proceeds to satisfy a claim associated with such damage or destruction. A mortgage servicer may provide the information electronically.
(b) In the event that a residential property is damaged or destroyed, a
borrower, after consulting with the borrower's contractor, shall create a repair plan or rebuild plan for the residential property. The borrower shall submit the repair plan or rebuild plan to the mortgage servicer for approval. The mortgage servicer shall indicate approval or denial of the plan within thirty days of receipt. The repair plan or rebuild plan must include specific milestones that require the mortgage servicer to disburse insurance proceeds in certain amounts upon reaching the specified milestones, as described in subsections (2)(c)(I)(B) and (2)(d)(II) of this section. If a mortgage servicer employs inspectors for the purpose of determining when such milestones are attained, the mortgage servicer shall notify the borrower of the specific criteria that the inspectors use to make such determinations.
(c) (I) If a borrower is not delinquent in making payments on the mortgage or
the borrower is less than thirty-one days delinquent in making payments on the mortgage, a mortgage servicer shall disburse the insurance proceeds to the borrower as follows:
(A) If the amount of the insurance proceeds is less than or equal to forty
thousand dollars, the mortgage servicer shall disburse the entire amount to the borrower in one payment; and
(B) If the amount of the insurance proceeds is more than forty thousand
dollars, the mortgage servicer shall initially disburse to the borrower an amount that is forty thousand dollars or thirty-three percent of the total proceeds, whichever amount is greater. Thereafter, the mortgage servicer shall disburse the remaining proceeds based on periodic inspections and progress on the work in accordance with the milestones in the repair plan or rebuild plan described in subsection (2)(b) of this section and, where required by federal law or regulation, after approval by the federal home loan banks or applicable federal agency.
(II) For the purposes of this subsection (2)(c), if a borrower has made advance
payments to a contractor or to purchase materials, as evidenced by paid receipts, the mortgage servicer may reimburse the borrower for such payments.
(d) If a borrower is more than thirty-one days delinquent in making payments
on the mortgage, a mortgage servicer shall disburse the insurance proceeds to the borrower as follows:
(I) If the amount of the insurance proceeds is less than or equal to five
thousand dollars, the mortgage servicer shall disburse the entire amount to the borrower in one payment; and
(II) If the amount of the insurance proceeds is more than five thousand
dollars, the mortgage servicer shall initially disburse to the borrower an amount that is twenty-five percent of the total proceeds; except that the amount of this initial disbursement may not exceed ten thousand dollars or the amount by which the total proceeds exceed the sum of the unpaid balance on the mortgage, any interest accrued on the mortgage, and any advances made on the mortgage. Thereafter, the mortgage servicer shall disburse the remaining proceeds in amounts not to exceed twenty-five percent of the remaining proceeds, in accordance with the milestones established in the repair plan or the rebuild plan pursuant to subsection (2)(b) of this section; except that the mortgage servicer shall not disburse any remaining proceeds until the mortgage servicer or the mortgage servicer's agent has inspected the repairs, if any, that have been made pursuant to a repair plan established pursuant to subsection (2)(b) of this section.
(e) For the purposes of disbursement of insurance proceeds as described in
subsections (2)(c) and (2)(d) of this section:
(I) A mortgage servicer shall make the first disbursement of insurance
proceeds to the borrower:
(A) Within fourteen days after the mortgage servicer receives the insurance
proceeds if the mortgage is insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation; and
(B) As soon as reasonably possible and no later than thirty days after the
mortgage servicer receives the insurance proceeds if the mortgage is not insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation; and
(II) A mortgage servicer may disburse funds directly to a designee of a
borrower so long as:
(A) The designee is agreed to by both the borrower and the mortgage
servicer; and
(B) The designation is permitted by federal and state law and any associated
rules.
(f) Notwithstanding any other provision of this section, a mortgage servicer
shall promptly disburse to a borrower any amount of insurance proceeds in excess of the remaining amount that the borrower owes on the mortgage unless:
(I) The property is an affordable residential rental property that is subject to
rent or income restrictions as required by federal, state, local, or political subdivision program requirements; and
(II) The insurance proceeds in excess of the remaining amount that the
borrower owes on the mortgage are necessary to return the property to the same condition in which the property existed prior to the damage or destruction.
(g) A mortgage servicer shall hold in an interest-bearing account any
insurance proceeds that the mortgage servicer does not immediately disburse to a borrower as required by this section. Such an account must generate interest at a rate that is not less than the national rate for money market accounts, as determined according to 12 CFR 337.7. A mortgage servicer shall ensure that any interest that is credited to the account is credited and disbursed to the borrower.
(3) Immediately upon commencing the servicing of a mortgage, and at any
time thereafter at the request of the borrower, a mortgage servicer shall:
(a) Disclose to the borrower the interest rate associated with the mortgage;
and
(b) Provide the borrower, in writing, with a primary point of contact for the
purpose of communicating with the mortgage servicer.
(4) A mortgage servicer shall retain for at least four years all written and
electronic communications between the mortgage servicer and a borrower.
(5) Nothing in this section:
(a) Prohibits a mortgage servicer from releasing insurance proceeds in
amounts greater than required by this section;
(b) Prohibits or limits a mortgage servicer from distributing additional money
that is made available during a declared state of emergency or natural disaster; or
(c) Prohibits a mortgage servicer from complying with federal rules,
regulations, and requirements.
Source: L. 2024: Entire section added, (HB 24-1011), ch. 189, p. 1070, � 1,
effective May 17.
Limitations - Homestead Exemptions
ARTICLE 41
Limitations - Homestead Exemptions
PART 1
LIMITATION OF ACTIONS AFFECTING REAL PROPERTY
Cross references: For limitation of action to enforce mechanics' liens, see �
38-22-110; for the five-year statute of limitations for recovery of land sold for taxes, see � 39-12-101; for redemption of mining property sold for taxes, see � 39-12-102; for redemption of real property sold for taxes owned by persons under disability, see � 39-12-104; for other statutes of limitations in special situations, see articles 80 and 81 of title 13.
C.R.S. § 38-46-101
38-46-101. Definitions. As used in this article 46, unless the context otherwise requires:
(1) Contract means a contract to construct, alter, or repair a structure on or
improvement on real property.
(2) Contractor means a person that is a party to a contract with a property
owner.
(3) Property owner means a private person with an interest, including a
leasehold interest, in real property or in a real property fixture that has entered into a contract with a contractor.
(4) Retainage means a percentage of:
(a) A contract or subcontract price retained from a contractor or
subcontractor as assurance that the contract or subcontract will be satisfactorily completed; or
(b) A supply agreement price as assurance that the goods, materials, or
equipment meets the specifications necessary for satisfactory performance of a contract or subcontract.
(5) (a) Subcontract means an agreement:
(I) To perform a portion of the work required by a contract; and
(II) To furnish or perform on-site labor, with or without furnishing materials.
(b) To be a subcontract, an agreement need not be made directly with a
contractor; the agreement may be made with a subcontractor or a subsequent subcontractor.
(6) Subcontractor means a person that enters into a subcontract with a
contractor, a subcontractor, or a subsequent subcontractor.
(7) Subsequent subcontractor includes a person who has signed a
subcontract with a sub-subcontractor, a sub-sub-subcontractor, or any additional level of subcontractor.
(8) Supply agreement means an agreement to provide materials, goods, or
equipment to a contractor or subcontractor.
Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 859, � 1,
effective September 7.
C.R.S. § 38-46-102
38-46-102. Applicability of article. (1) Except as provided in subsection (2) of this section, this article 46 applies to:
(a) A contract that:
(I) Has a price of at least one hundred fifty thousand dollars; and
(II) Is made between a property owner and a contractor;
(b) A subcontract to a contract described in subsection (1)(a) of this section,
notwithstanding that the subcontract price is less than one hundred fifty thousand dollars; and
(c) A supply agreement that is made to supply materials, goods, or
equipment used to perform a contract notwithstanding that the supply agreement price is less than one hundred fifty thousand dollars.
(2) This article 46 does not apply to:
(a) A single contract that governs the building of either:
(I) One single-family dwelling; or
(II) One multifamily dwelling with no more than four family dwelling units; or
(b) A contract with a public entity, as defined in section 24-91-102 (3).
Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 860, � 1,
effective September 7.
C.R.S. § 38-46-103
38-46-103. Private construction contracts - retainage - conditions precedent. (1) A property owner, contractor, or subcontractor shall not withhold as retainage more than five percent of the price of the work completed under the contract or subcontract. Making a partial payment under this subsection (1) is not acceptance or approval of some of the work or of a waiver of defects in the work.
(2) This article 46 addresses only the amount of retainage that may be
withheld by a property owner, contractor, or subcontractor and does not change, override, or invalidate any other provision in a contract, subcontract, or supply agreement. Such a provision includes, but is not limited to:
(a) A provision relating to timing of a payment, including final payment;
(b) A provision requiring satisfactory performance of the work of the
contract, subcontract, or supply agreement before payment is due;
(c) A provision allowing a property owner, contractor, or subcontractor to
withhold payment or deduct from any payment otherwise due any backcharges or other amounts as authorized by the contract, subcontract, or supply agreement; or
(d) A provision relating to a condition precedent that must be satisfied
before a payment is due to a contractor, subcontractor, sub-subcontractor, or supplier. A condition precedent includes a requirement that:
(I) A contractor must actually receive payment from the property owner to
be obliged to make payment to a subcontractor or supplier; or
(II) A subcontractor must actually receive payment from the contractor to be
obliged to make payment to a subsequent subcontractor or supplier.
Source: L. 2021: Entire article added, (HB 21-1167), ch. 146, p. 861, � 1,
effective September 7.
C.R.S. § 38-5-104
38-5-104. Right-of-way across private lands. (1) A telegraph, telephone, electric light, power, gas, or pipeline company, an electric transmission authority, or a city or town is entitled to the right-of-way over or under the land, property, privileges, rights-of-way, and easements of other persons and corporations and to the right to erect its poles, wires, pipes, regulator stations, substations, systems, and offices upon making just compensation therefor in the manner provided by law. When a right-of-way is taken under this section for an interstate electric transmission line, the court shall evaluate public purpose in light of the transmission system as a whole, including public use and benefits occurring either within Colorado or at a regional level. The rights granted by this section and section 38-5-105 to such electric light, power, gas, or pipeline companies or to such cities and towns shall not extend to the taking of any portion of the right-of-way of a railroad company, except to the extent of acquiring any necessary easement to cross the same or to serve such railroad company with electric light, power, or gas service. The rights granted by this section and section 38-5-105 to telegraph or telephone companies shall not extend to the taking of any portion of the right-of-way of a railroad company, except to the extent of acquiring any easement which does not materially interfere with the existing use by the railroad company, or except to the extent of acquiring any necessary easement to cross the same or to serve such railroad company with telegraph or telephone service.
(2) If any right-of-way is taken by such telegraph, telephone, electric light
power, gas, or pipeline company, city or town over any portion of the right-of-way of a railroad company the taking party shall pay the entire cost of constructing its facilities along such right-of-way, including any expenses incurred by the railroad for inspection and flagging as reasonably necessary to avoid interference with safe operation of the railroad. The taking party shall also bear the entire cost, including the cost of such inspection and flagging, of removing, relocating, altering, or protecting any facility installed on right-of-way so taken if, at any time, such removal, relocation, alteration, or protection becomes reasonably necessary to avoid interference with the railroad company's ability to use its original right-of-way to operate its railroad efficiently and safely and to efficiently and safely serve existing, new, or potential railroad customers. The taking party shall indemnify the railroad company from all losses and expenses resulting from the negligence of the taking party, its successors or contractors, in connection with or related to such right-of-way. The taking party shall have no claim against the railroad for any loss resulting from damage to the taking party's telegraph or telephone facilities resulting from any unforeseen emergencies or acts of God such as derailment, explosions, collisions, or activities reasonably performed in repairing damages caused by such occurrences.
Source: L. 07: p. 386, � 4. R.S. 08: � 2454. C.L. � 6355. CSA: C. 61, � 45. CRS
53: � 50-5-4. L. 63: p. 480, � 4. C.R.S. 1963: � 50-5-4. L. 79: Entire section amended, p. 1382, � 3, effective July 1. L. 2021: (1) amended, (SB 21-072), ch. 329, p. 2128, � 9, effective June 24.
C.R.S. § 38-5-109
38-5-109. Utility relocation clearance letter - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Clearance letter means a written agreement between a local
government proposing a road improvement project and a utility company, in which the utility company and the local government mutually establish the scope, conditions, and schedule for the utility relocation required for the road improvement project.
(b) Force majeure means fire, explosion, floods, action of the elements,
strike, labor disputes, interruption of transportation, rationing, shortage of equipment or materials, court action, illegality, unusually severe weather, act of God, act of war or terrorism, epidemics or pandemics, quarantines, seasonal limitations on utility operations, or any other cause that is beyond the reasonable control of the entity performing the utility relocation.
(c) Hazardous material means any substance, pollutant, contaminant,
chemical, material, or waste, or any soil or water contaminated with such hazardous material, that is:
(I) Included in the definition of hazardous substance, hazardous waste, toxic
substance, hazardous pollutant, toxic pollutant, nonhazardous waste, or universal waste, as regulated by any applicable environmental law; or
(II) Toxic, explosive, corrosive, flammable, ignitable, infectious, radioactive,
carcinogenic, mutagenic, or that otherwise poses a hazard to living things or the environment.
(d) Local government means a statutory or home rule county, city and
county, municipality, or town, excluding a local government that has granted a franchise to a utility company pursuant to section 31-32-101 or article XX of the state constitution.
(e) Plans and specifications means the plans, drawings, and specifications
designed and engineered by a local government or its contractor, which are necessary to complete the road improvement project in accordance with applicable laws, rules, and regulations.
(f) Private project relocation means any construction or reconstruction
project for the adjustment, expansion, or realignment of a public roadway or public right-of-way that:
(I) Requires the removal, relocation, or alteration of utility facilities;
(II) Is necessary to facilitate the development of private property; and
(III) Is required by reason of a local government zoning, approval, or other
land use regulation permitting requirement.
(g) Prompt performance means acting in good faith and making all
reasonable efforts to perform the specific actions and obligations set forth in a clearance letter, except as may be excused by subsequent agreement between the utility company and the local government to which the clearance letter applies.
(h) Public roadway means property controlled by a local government that is
acquired, dedicated, or reserved for the construction, operation, and maintenance of a street or public highway and that is open to public travel or any other public highway established by law.
(i) (I) Road improvement project means any construction or reconstruction
project for the adjustment, expansion, or realignment of a public roadway or public right-of-way, including but not limited to maintenance, replacement, bridge, culvert, or traffic signal projects.
(II) Road improvement project does not include a project on, along, or in a
public or state highway or roadway under the control of the Colorado department of transportation unless a local government performs the construction or reconstruction as part of a project under the direction of the local government and pursuant to an agreement with the Colorado department of transportation.
(j) Utility company means an investor-owned electric or gas utility
company with more than two hundred fifty thousand retail customers.
(j.5) Utility company betterment means any upgrade of the utility facilities
being relocated that is not attributable to the road improvement project and that is made solely for the benefit and at the election of the affected utility company.
(k) Utility conflict means circumstances in which a proposed road
improvement project brings utility facilities out of compliance with regulatory agency standards or existing utility facilities preclude or hinder the construction of a road improvement project.
(l) Utility facilities means any lines of electric light or wire, power, or
pipeline of a utility company and any related support structures, attachments, appurtenances, equipment, valves, cable, or conduit for the lines, wires, or pipelines. Utility facilities include both those above and below ground.
(m) Utility relocation or relocation of utility facilities means the removal,
relocation, or alteration of utility facilities necessary to resolve a utility conflict caused by a road improvement project funded in full or in part by a local government or with state, federal, or other public money; except that utility relocation does not include a private project relocation.
(2) (a) If a local government engages in or proposes to engage in a road
improvement project that may require the relocation of utility facilities due to a utility conflict, the local government shall:
(I) Notify the notification association, created in section 9-1.5-105 (1), with an
engineering or subsurface utility engineering notification to identify each utility company that has utility facilities in the area of the road improvement project; and
(II) Electronically notify in writing each utility company identified pursuant to
subsection (2)(a)(I) of this section. The notice provided must follow the requirements of subsection (2)(b) of this section.
(b) The notice required by subsection (2)(a)(II) of this section must include
the following information:
(I) An explanation of the proposed design of the road improvement project,
including information on funding;
(II) Any potential utility conflict that may be created by the road
improvement project;
(III) The estimated timeline and duration of the road improvement project;
(IV) The estimated time frame in which the utility relocation should be
completed;
(V) The federal identifying project number, if applicable; and
(VI) Whether the utility company may qualify for assistance to offset
expenses incurred in relocating its utility facilities to accommodate the proposed road improvement project.
(c) The local government shall give the notice required by subsection
(2)(a)(II) of this section to the utility company as early as practicable and:
(I) Within fifteen calendar days of the approval of the preliminary design of
the road improvement project; and
(II) At least forty-five calendar days before the invitation to bid for
construction of the road improvement project.
(d) The utility company to which the notice required by subsection (2)(a)(II) of
this section is directed shall acknowledge receipt of the notice.
(e) If there is a change in the scope of a road improvement project or the
plans and specifications that affects the utility facilities and the utility company's ability to reasonably meet its obligations for the utility relocation in accordance with the schedule established for the road improvement project, a local government shall:
(I) Give each affected utility company a new written notice that includes all
applicable information in subsection (2)(b) of this section; and
(II) Coordinate with the affected utility company and third-party contractor,
as applicable, to amend any clearance letter as necessary to reflect mutually agreed upon changes to the original commitments in the letter, including reasonable schedule adjustments, if an executed clearance letter covering the utility relocation exists.
(f) (I) If utility facilities were not previously identified and result in a newly
discovered utility conflict, the local government, the affected utility company, and the third-party contractor, as applicable, shall confer within forty-eight hours of discovery to determine appropriate relocation procedures.
(II) Within ten business days of the discovery of the utility conflict, the local
government and the affected utility company shall negotiate a clearance letter pursuant to subsection (3) of this section.
(3) (a) To facilitate a utility relocation, a local government and an affected
utility company shall negotiate in good faith and shall enter into a mutually agreeable clearance letter.
(b) The clearance letter must include:
(I) An acknowledgment by the local government and the utility company that
a utility conflict exists;
(II) The scope of the utility relocation, including the extent of the utility
facilities needing to be relocated as evidenced by the plans and specifications;
(III) Whether the utility relocation will be performed by the utility company or
by a third-party contractor agreed to by the utility company;
(IV) Requirements for coordination among the local government, the utility
company, and any third-party contractor throughout the road improvement project and utility relocation, including throughout any prerequisite work that needs to occur before the utility relocation;
(V) Which entity is responsible for traffic management during the utility
relocation;
(VI) The number of days of notice that the local government must give to the
utility company ahead of the date by which the utility relocation must be started in order to adhere to the road improvement project schedule;
(VII) An estimated schedule for the performance of the utility relocation,
including the duration of the utility relocation;
(VIII) A requirement of prompt performance of the utility relocation by the
utility company if the utility company is performing the utility relocation or by the third-party contractor agreed to by the utility company to perform the utility relocation, except when performance is excused due to force majeure, the discovery of hazardous material in the public roadway, or a change in the scope or agreed-to schedule of a road improvement project or the plans and specifications that affects the utility facilities;
(IX) A requirement of payment by the utility company for actual damages
caused by the utility company's delay in the performance of the utility relocation or interference with the performance of the utility relocation by any contractor not hired by the utility company; except that delay or interference caused by the following will not be charged to the utility company:
(A) A force majeure;
(B) The discovery of hazardous material in the public roadway; or
(C) A change in the scope or agreed-to schedule of a road improvement
project or the plans and specifications that affects the utility facilities and the utility company's ability to perform the relocation work as established in the clearance letter;
(X) A requirement that the local government, at its sole cost, survey and
stake the location where the utility facilities will be located prior to the beginning of the utility relocation, and that the cost of any required re-staking due to the actions of a utility company or its contractor be paid by the utility company;
(XI) A requirement that, upon the discovery of hazardous material in a public
roadway in connection with utility relocation, the utility relocation work cease until the local government takes necessary steps to provide a utility corridor free from hazardous material, and that the local government is responsible for the management, transportation, and disposal of any soil from the public right-of-way contaminated with hazardous material;
(XII) A requirement that all design and construction of the utility relocation
are subject to review and approval by engineers for the local government and for the utility company; and
(XIII) A dispute resolution provision that includes mechanisms for notice of a
failure to perform in accordance with the clearance letter and for a reasonable opportunity to cure.
(c) The clearance letter may allow for utility company betterment at the
expense of the utility company; except that any utility company betterment must not materially delay the utility relocation.
(4) (a) Upon being provided written documentation of the horizontal and
vertical locations of the relocated utility facilities and a statement by the utility company or its contractor that the utility facilities are relocated in accordance with the approved utility relocation plans, a local government shall complete its review of the completed utility relocation and provide a written determination of whether it accepts or rejects the completed utility relocation within fourteen calendar days of completion of the relocation or receipt of the documentation indicating the location of the relocated utility facilities from the utility company, whichever is later.
(b) If the local government accepts the utility relocation, the local
government shall provide its written acceptance of the utility relocation to the utility company.
(c) (I) If the local government rejects the utility relocation, the local
government shall provide its written rejection and reasoning to the utility company.
(II) The utility company shall promptly make the necessary changes to the
utility relocation identified in the written rejection to conform with the plans and specifications identified in the clearance letter. The utility company is responsible for payment of actual damages caused by any delay in the road improvement project schedule as a result of the necessary changes to the utility relocation to bring the relocation into compliance with the plans and specifications identified in the clearance letter.
(d) If the local government fails to timely provide the written determination
required by subsection (4)(a) of this section, the utility relocation is deemed accepted.
(e) A utility company shall not be required to pay for relocation of previously
relocated utility facilities within two years following the acceptance of the previous utility relocation by the local government pursuant to this subsection (4), except in the event of an emergency.
(5) A local government may, after opportunity for relief between the local
government and the utility company pursuant to the dispute resolution process outlined in the clearance letter, withhold issuance of a permit for the location or installation of other utility facilities in a public roadway to a utility company until the dispute is resolved, which may include payment to the local government for any actual damages caused by the utility company's delay in the performance of a utility relocation.
(6) When necessary and feasible and after mutual agreement with an
affected utility company, a local government may obtain additional public rights-of-way or easements to accommodate a utility relocation. The local government is responsible for the cost of obtaining any additional right-of-way unless the additional right-of-way is only needed to accommodate a utility company betterment and is not required for a road improvement project.
(7) A local government and an affected utility company shall make
arrangements for funding any utility relocation as specified in any easements, licenses, or other property interests or rights of use held by the local government or the utility company. The recovery of underground utility locate costs, as incurred by the utility company, must occur through appropriate rate adjustment clauses.
(8) No party other than the owner of the utility facilities may relocate utility
facilities without the express consent of the affected utility company.
(9) Nothing in this section:
(a) Alters or diminishes the authority of a local government to lawfully
exercise its police powers with respect to the relocation of utility facilities within the local government boundaries;
(b) Alters existing property agreements, licenses, franchise agreements, or
other vested interests of a local government or a utility company established in the existing property agreement, license, franchise agreement, or other vested interest, including the obligation to pay for utility relocation;
(c) Alters the terms of any franchise or license granted pursuant to section
31-32-101 or article XX of the state constitution;
(d) Alters or diminishes the local government's ability to recover costs or
damages from any party responsible for hazardous material discovered in a public roadway;
(e) Alters or diminishes the utility company's ability to recover costs or
damages resulting from the discovery of hazardous material, previously unidentified utility conflicts, or the acts or omissions of a third party;
(f) Alters any common law of the state allocating the cost of utility
relocation within a public right-of-way; or
(g) Prevents a local government from pursuing alternative arrangements for
road improvement projects, in which case subsections (2) to (8) of this section do not apply.
Source: L. 2024: Entire section added, (HB 24-1266), ch. 336, p. 2276, � 2,
effective August 7. L. 2025: (1)(j.5) added and (3)(c) amended, (SB 25-204), ch. 201, p. 907, � 1, effective August 6.
Cross references: For the legislative declaration in HB 24-1266, see section 1
of chapter 336, Session Laws of Colorado 2024.
ARTICLE 5.5
Rights-of-way: Telecommunications Providers
Law reviews: For article, S.B. 10: Access to Public Rights-of-Way for
Telecommunications Providers, see 25 Colo. Law. 89 (Sept. 1996); for article, Rights-of-Way Regulating Authority After Denver v. Qwest, see 30 Colo. Law. 103 (July 2001).
38-5.5-101. Legislative declaration. (1) The general assembly hereby finds,
determines, and declares that:
(a) The passage of House Bill 95-1335, enacted at the first regular session of
the sixtieth general assembly, established a policy within the state to encourage competition among the various telecommunications providers, to reduce the barriers to entry for those providers, to authorize and encourage competition within the local exchange telecommunications market, and to ensure that all consumers benefit from such competition and expansion.
(b) The stated goals of House Bill 95-1335 were that all citizens have access
to a wider range of telecommunications services at rates that are reasonably comparable within the state, that basic service be available and affordable to all citizens, and that universal access to advanced telecommunications services would be available to all consumers. Such goals are essential to the economic and social well-being of the citizens of Colorado and can be accomplished only if telecommunications providers are allowed to develop ubiquitous, seamless, statewide telecommunications networks. To require telecommunications companies to seek authority from every political subdivision within the state to conduct business is unreasonable, impractical, and unduly burdensome. In addition, the general assembly further finds and declares that since the public rights-of-way are dedicated to and held on a nonproprietary basis in trust for the use of the public, their use by telecommunications companies is consistent with such policy and appropriate for the public good.
(2) The general assembly further finds, determines, and declares that
nothing in this article shall be construed to alter or diminish the authority of political subdivisions of the state to lawfully exercise their police powers with respect to activities of telecommunications providers within their boundaries, and, subject to such reservation of authority, that:
(a) The construction, maintenance, operation, oversight, and regulation of
telecommunications providers and their facilities is a matter of statewide concern and interest;
(b) Telecommunications providers operating under the authority of the
federal communications commission or the Colorado public utilities commission pursuant to article 15 of title 40, C.R.S., require no additional authorization or franchise by any municipality or other political subdivision of the state to conduct business within a given geographic area and that no such political subdivision has jurisdiction to regulate telecommunications providers based upon the content, nature, or type of telecommunications service or signal they provide except to the extent granted by federal or state legislation;
(c) Telecommunications providers have a right to occupy and utilize the
public rights-of-way for the efficient conduct of their business;
(d) Access to rights-of-way and oversight of that access must be
competitively neutral, and no telecommunications provider should enjoy any competitive advantage or suffer a competitive disadvantage by virtue of a selective or discriminatory exercise of the police power by a local government.
Source: L. 96: Entire article added, p. 298, � 1, effective April 12.
38-5.5-102. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) Broadband or broadband service has the same meaning as set forth in
7 U.S.C. sec. 950bb (b)(1) as of August 6, 2014, and includes cable service, as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014.
(2) Broadband facility means any infrastructure used to deliver broadband
service or for the provision of broadband service.
(3) Broadband provider means a person that provides broadband service,
and includes a cable operator, as defined in 47 U.S.C. sec. 522 (5) as of August 6, 2014.
(4) Collocation has the same meaning as set forth in section 29-27-402 (3).
(5) Political subdivision or local government entity means a county; city
and county; city; town; service authority; school district; local improvement district; law enforcement authority; water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district; or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
(6) Public highway or highway for purposes of this article 5.5 includes all
roads, streets, and alleys and all other dedicated rights-of-way and utility easements of the state or any of its political subdivisions, whether located within the boundaries of a political subdivision or otherwise.
(7) Small cell facility has the same meaning as set forth in section 29-27-402 (4).
(8) Small cell network has the same meaning as set forth in section 29-27-402 (5).
(9) Telecommunications provider means a person that provides
telecommunications service, as defined in section 40-15-102 (29), with the exception of cable services as defined by section 602 (5) of the federal Cable Communications Policy Act of 1984, 47 U.S.C. sec. 522 (6), pursuant to authority granted by the public utilities commission of this state or by the federal communications commission. Telecommunications provider does not mean a person or business using antennas, support towers, equipment, and buildings used to transmit high power over-the-air broadcast of AM and FM radio, VHF and UHF television, and advanced television services, including high definition television. The term telecommunications provider is synonymous with telecommunication provider.
Source: L. 96: Entire article added, p. 299, � 1, effective April 12. L. 2014: (1)
amended and (1.2), (1.3), and (1.7) added, (HB 14-1327), ch. 149, p. 507, � 3, effective August 6. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 476, � 5, effective July 1.
Editor's note: Section 602(5) of the federal Cable Communications Policy
Act of 1984 referenced in subsection (9) was repealed October 25, 1994.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
38-5.5-103. Use of public highways - discrimination prohibited - content
regulation prohibited. (1) (a) Any domestic or foreign telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, and communications and broadband facilities, including small cell facilities and small cell networks, along, across, upon, above, and under any public highway in this state, subject to this article 5.5 and article 1.5 of title 9.
(b) The construction, maintenance, operation, and regulation of the facilities
described in subsection (1)(a) of this section, including the right to occupy and utilize the public rights-of-way, by telecommunications providers and broadband providers are matters of statewide concern. The facilities shall be constructed and maintained so as not to obstruct or hinder the usual travel on a highway.
(2) A political subdivision shall not discriminate among or grant a preference
to competing telecommunications providers or broadband providers in the issuance of permits or the passage of any ordinance for the use of its rights-of-way, nor create or erect any unreasonable requirements for entry to the rights-of-way for the providers.
(3) A political subdivision shall not regulate a telecommunications provider
or a broadband provider based upon the content or type of signals that are carried or capable of being carried over the provider's facilities; except that nothing in this subsection (3) prevents regulation by a political subdivision when the authority to regulate has been granted to the political subdivision under federal law.
Source: L. 96: Entire article added, p. 300, � 1, effective April 12. L. 2014: (1)
amended, (HB 14-1327), ch. 149, p. 507, � 4, effective August 6. L. 2017: Entire section amended, (HB 17-1193), ch. 143, p. 477, � 6, effective July 1.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
38-5.5-104. Right-of-way across state land. Any domestic or foreign
telecommunications provider or broadband provider authorized to do business under the laws of this state has the right to construct, maintain, and operate lines of communication, switches, and related facilities, and communications and broadband facilities, including small cell facilities and small cell networks, and obtain a permanent right-of-way for the facilities over, upon, under, and across all public lands owned by or under the control of the state, upon the payment of just compensation and upon compliance with reasonable conditions as the state board of land commissioners may require.
Source: L. 96: Entire article added, p. 300, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 478, � 7, effective July 1.
38-5.5-104.5. Use of local government entity structures. (1) [Editor's note:
This version of subsection (1) is effective until January 1, 2026.] Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, sections 29-27-403 and 29-27-404, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.
(1) [Editor's note: This version of subsection (1) is effective January 1, 2026.]
Except as provided in subsection (2) of this section and subject to the requirements and limitations of this article 5.5, part 4 of article 27 of title 29, and a local government entity's police powers, a telecommunications provider or a broadband provider has the right to locate or collocate small cell facilities or small cell networks on the light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity; except that, a small cell facility or a small cell network shall not be located or mounted on any apparatus, pole, or signal with tolling collection or enforcement equipment attached.
(2) If, at any time, the construction, installation, operation, or maintenance of
a small cell facility on a local government entity's light pole, light standard, traffic signal, or utility pole fails to comply with applicable law, the local government entity, by providing the telecommunications provider or the broadband provider notice and a reasonable opportunity to cure the noncompliance, may:
(a) Cause the attachment on the affected structure to be removed; and
(b) Prohibit future, noncompliant use of the light pole, light standard, traffic
signal, or utility pole.
(3) (a) Except as provided in subsections (3)(b) and (3)(c) of this section, a
local government entity shall not impose any fee or require any application or permit for the installation, placement, operation, maintenance, or replacement of micro wireless facilities that are suspended on cable operator-owned cables or lines that are strung between existing utility poles in compliance with national safety codes.
(b) A local government entity with a municipal or county code that requires
an application or permit for the installation of micro wireless facilities may, but is not required to, continue the application or permit requirement subsequent to July 1, 2017.
(c) A local government entity may require a single-use right-of-way permit if
the installation, placement, operation, maintenance, or replacement of micro wireless facilities:
(I) Involves working within a highway travel lane or requires the closure of a
highway travel lane;
(II) Disturbs the pavement or a shoulder, roadway, or ditch line;
(III) Includes placement on limited access rights-of-way; or
(IV) Requires any specific precautions to ensure the safety of the traveling
public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro wireless facility is attached.
Source: L. 2017: Entire section added, (HB 17-1193), ch. 143, p. 478, � 8,
effective July 1. L. 2025: (1) amended, (HB 25-1056), ch. 434, p. 2509, � 5, effective January 1, 2026.
Editor's note: Section 6 of chapter 434 (HB 25-1056), Session Laws of
Colorado 2025, provides that the act changing this section applies to applications filed on or after January 1, 2026.
38-5.5-105. Power of companies to contract. Any domestic or foreign
telecommunications provider or broadband provider has the power to contract with any individual; corporation; or the owner of any lands, franchise, easement, or interest therein over or under which the provider's conduits; cable; switches; communications or broadband facilities, including small cell facilities and small cell networks; or related appurtenances and facilities are proposed to be laid or created for the right-of-way for the construction, maintenance, and operation of the facilities or for the erection, maintenance, occupation, and operation of offices at suitable distances for the public accommodation.
Source: L. 96: Entire article added, p. 301, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 479, � 9, effective July 1.
38-5.5-106. Consent necessary for use of streets. (1) (a) This article 5.5
does not authorize any telecommunications provider or broadband provider to erect, within a political subdivision, any poles or construct any communications or broadband facilities, including small cell facilities and small cell networks; conduit; cable; switch; or related appurtenances and facilities along, through, in, upon, under, or over any public highway without first obtaining the consent of the authorities having power to give the consent of the political subdivision.
(b) A telecommunications provider or broadband provider that, on or before
July 1, 2017, either has obtained consent of the political subdivision having power to give consent or is lawfully occupying a public highway in a political subdivision need not apply for additional or continued consent of the political subdivision under this section.
(c) Notwithstanding any other provision of law, a political subdivision's
consent given to a telecommunications provider or a broadband provider to erect or construct any poles, or to locate or collocate communications and broadband facilities on vertical structures in a right-of-way, does not extend to the location of new facilities or to the erection or construction of new poles in a right-of-way not specifically referenced in the grant of consent.
(2) (a) The consent of a political subdivision for the use of a public highway
within its jurisdiction shall be based upon a lawful exercise of its police power and shall not be unreasonably withheld.
(b) A political subdivision shall not create any preference or disadvantage
through the granting or withholding of its consent. A political subdivision's decision that a vertical structure in the right-of-way, including a vertical structure owned by a municipality, lacks space or load capacity for communications or broadband facilities, or that the number of additional vertical structures in the rights-of-way should be reasonably limited, consistent with protection of public health, safety, and welfare, does not create a preference for or disadvantage any telecommunications provider or broadband provider, provided that such decision does not have the effect of prohibiting a provider's ability to provide service within the service area of the proposed facility.
Source: L. 96: Entire article added, p. 301, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 480, � 10, effective July 1.
38-5.5-107. Permissible taxes, fees, and charges. (1) (a) No political
subdivision shall levy a tax, fee, or charge for any right or privilege of engaging in a business or for use of a public highway other than:
(I) A license fee or tax authorized under section 31-15-501 (1)(c), C.R.S., or
article XX of the state constitution; and
(II) A street or public highway construction permit fee, to the extent that
such permit fee applies to all persons seeking a construction permit.
(b) All fees and charges levied by a political subdivision shall be reasonably
related to the costs directly incurred by the political subdivision in providing services relating to the granting or administration of permits. Such fees and charges also shall be reasonably related in time to the occurrence of such costs. In any controversy concerning the appropriateness of a fee or charge, the political subdivision shall have the burden of proving that the fee or charge is reasonably related to the direct costs incurred by the political subdivision. All costs of construction shall be borne by the telecommunications provider or broadband provider.
(2) (a) Any tax, fee, or charge imposed by a political subdivision shall be
competitively neutral among telecommunications providers and broadband providers.
(b) Nothing in this article or in article 32 of title 31, C.R.S., shall invalidate a
tax or fee imposed if such tax or fee cannot legally be imposed upon another telecommunications provider, broadband provider, or service because of the requirements of state or federal law or because such other provider is exempt from taxation or lacks a taxable nexus with the political subdivision imposing the tax or fee.
(c) If a political subdivision imposes a tax on a telecommunications provider
or broadband provider and such tax does not apply to other providers of comparable telecommunications services or broadband services due to the language of the ordinance or resolution that imposes the tax, then the governing body of the political subdivision shall take one of the following two courses of action:
(I) If it can do so without violating the election requirements of section 20 of
article X of the state constitution, the governing body shall amend the ordinance or resolution that imposes the tax so as to extend the tax to providers of comparable telecommunications services or broadband services; or
(II) If an election is required under section 20 of article X of the state
constitution, the governing body shall cause an election to be held in accordance with said section 20 to authorize the extension of the tax to providers of comparable telecommunications services or broadband services. If the extension of the tax is not approved by the voters at such election, then the existing tax shall no longer apply to the providers that had been subject to the tax immediately before the election.
(3) Taxes, fees, and charges imposed shall not be collected through the
provision of in-kind services by telecommunications providers or broadband providers, nor shall any political subdivision require the provision of in-kind services as a condition of consent to use a highway.
(4) The terms of all agreements between political subdivisions and
telecommunications providers or broadband providers regarding use of highways shall be matters of public record and shall be made available upon request pursuant to article 72 of title 24, C.R.S.
(5) Nothing in this section affects the manner in which the property tax
administrator values a public utility under article 4 of title 39, C.R.S.
(6) Nothing in this article affects the ability of a political subdivision to
require and grant a cable franchise to a cable operator seeking to provide cable television service within the political subdivision and to obtain any consideration or impose any conditions in a cable franchise, unless otherwise prohibited by federal law.
(7) As used in this section, public highway or highway as otherwise
defined in section 38-5.5-102 (6) does not include excess and remainder rights-of-way under the department of transportation's jurisdiction.
Source: L. 96: Entire article added, p. 301, � 1, effective April 12. L. 2014:
(1)(b), (2), (3), and (4) amended and (5), (6), and (7) added, (HB 14-1327), ch. 149, p. 507, � 5, effective August 6. L. 2017: (7) amended, (HB 17-1193), ch. 143, p. 480, � 11, effective July 1.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
38-5.5-108. Pole attachment agreements - limitations on required
payments. (1) Neither a local government entity nor a municipally owned utility shall request or receive from a telecommunications provider, broadband provider, or cable television provider, as defined in section 602 (5) of the federal Cable Communications Policy Act of 1984, in exchange for permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures in a right-of-way, any payment in excess of the amount that would be authorized if the local government entity or municipally owned utility were regulated pursuant to 47 U.S.C. sec. 224, as amended.
(2) A municipality shall not request or receive from a telecommunications
provider or a broadband provider, in exchange for or as a condition upon a grant of permission to attach telecommunications or broadband devices to poles, any in-kind payment.
Source: L. 96: Entire article added, p. 302, � 1, effective April 12. L. 2017:
Entire section amended, (HB 17-1193), ch. 143, p. 481, � 12, effective July 1.
Editor's note: Section 602(5) of the federal Cable Communications Policy
Act of 1984 referenced in subsection (1) was repealed October 25, 1994.
38-5.5-109. Notice of trenching - permitted access. (1) (a) The state or a
political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide the notice a minimum of ten business days prior to the start of the project involving trenching.
(b) The department of transportation shall maintain a public list of all
broadband providers that would like to receive notice of a utility trenching project and the providers' addresses on the website it maintains. To be eligible to receive notice under paragraph (a) of this subsection (1), a broadband provider must request the department of transportation to be included in the department list. A political subdivision may rely on the department list when making its notifications, and such notifications may be made by electronic mail.
(2) (a) For any trenching project conducted by the state or a political
subdivision, the state or political subdivision shall allow joint trenching by broadband providers on a nonexclusive and nondiscriminatory basis for the placement of broadband facilities, except as set forth in paragraph (b) of this subsection (2). This subsection (2) does not limit the ability of the state, political subdivision, or any private entity to share the costs of construction related to the trenching project with the broadband provider.
(b) The state or a political subdivision may deny joint trenching by broadband
providers if the joint trenching will hinder or obstruct highway safety or the construction, maintenance, operations, or related regulation of highway facilities or if it is not feasible because it will delay the repair or construction of a political subdivision's water, wastewater, electricity, or gas line or because collocation with a political subdivision's water, wastewater, electricity, or gas line will hinder or obstruct the maintenance or operations of a political subdivision's water, wastewater, electricity, or gas facilities.
(3) (a) Nothing in this section is intended to preempt or otherwise replace
requirements for joint trenching that may be imposed by a political subdivision.
(b) Nothing in this section requires a private entity undertaking a trenching
project to allow a broadband provider to participate in the trenching project.
(c) Any provision in this section that conflicts with federal law is
unenforceable.
(d) Nothing in this section shall be construed to prevent or delay
commencement or progress of a construction, maintenance, or trenching project.
(4) As used in this section, trenching means a construction project in which
a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure in excess of one mile in length. Trenching does not mean any other activity or project for the construction or maintenance, including drainage or culvert work, of a highway facility.
Source: L. 2014: Entire section added, (HB 14-1327), ch. 149, p. 509, � 6,
effective August 6.
Cross references: For the short title (Broadband Deployment Act) in HB 14-1327, see section 1 of chapter 149, Session Laws of Colorado 2014.
ARTICLE 6
Proceedings by Cities and Towns
PART 1
CONDEMNATION OF PROPERTY
C.R.S. § 39-1-103
39-1-103. Actual value determined - when - legislative declaration. (1) The valuation for assessment of producing mines and nonproducing mining claims shall be determined as provided in article 6 of this title.
(2) The valuation for assessment of leaseholds and lands producing oil or
gas shall be determined as provided in article 7 of this title.
(3) The actual value for property tax purposes of the operating property and
plant of all public utilities doing business in this state shall be determined by the administrator, as provided in article 4 of this title.
(4) (a) Repealed.
(b) The valuation for assessment of mobile homes shall be determined as
provided in section 39-5-203.
(5) (a) All real and personal property shall be appraised and the actual value
thereof for property tax purposes determined by the assessor of the county wherein such property is located. The actual value of such property, other than agricultural lands exclusive of building improvements thereon and other than residential real property and other than producing mines and lands or leaseholds producing oil or gas, shall be that value determined by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. The assessor shall consider and document all elements of such approaches that are applicable prior to a determination of actual value. The actual value reflects the value of the fee simple estate. Despite any orders of the state board of equalization, no assessor shall arbitrarily increase the valuations for assessment of all parcels represented within the abstract of a county or within a class or subclass of parcels on that abstract by a common multiple in response to the order of said board. If an assessor is required, pursuant to the order of said board, to increase or decrease valuations for assessment, such changes shall be made only upon individual valuations for assessment of each and every parcel, using each of the approaches to appraisal specified in this subsection (5)(a), if applicable. The actual value of agricultural lands, exclusive of building improvements thereon, shall be determined by consideration of the earning or productive capacity of such lands during a reasonable period of time, capitalized at a rate of thirteen percent. Land that is valued as agricultural and that becomes subject to a perpetual conservation easement shall continue to be valued as agricultural notwithstanding its dedication for conservation purposes; except that, if any portion of such land is actually used for nonagricultural commercial or nonagricultural residential purposes, that portion shall be valued according to such use. Nothing in this subsection (5) shall be construed to require or permit the reclassification of agricultural land or improvements, including residential property, due solely to subjecting the land to a perpetual conservation easement. The actual value of residential real property shall be determined solely by consideration of the market approach to appraisal. A gross rent multiplier may be considered as a unit of comparison within the market approach to appraisal. The valuation for assessment of producing mines and of lands or leaseholds producing oil or gas shall be determined pursuant to articles 6 and 7 of this title 39. In establishing actual value, an assessor shall also consider:
(I) Current use;
(II) Existing zoning and other governmental land use or environmental
regulations and restrictions;
(III) Multi-year leases or other contractual agreements affecting the use of
or income from the property;
(IV) Easements and reservations of record; and
(V) Covenants, conditions, and restrictions of record.
(b) If, having considered the three approaches prescribed in paragraph (a) of
this subsection (5), at the sole discretion of the assessor the use of the three approaches to value cannot accurately determine the actual value of any parcel of taxable property, or in the opinion of the assessor the application of the three approaches to value does not result in uniform, just, and equalized valuation, then the actual value thereof shall be determined by comparison of the surface use of such property with a similar surface use.
(c) Except as provided in section 39-1-102 (14.4)(b) or 39-1-102 (14.4)(c) and in
subsections (5)(e) and (5)(f) of this section, once any property is classified for property tax purposes, it shall remain so classified until such time as its actual use changes or the assessor discovers that the classification is erroneous. The property owner shall endeavor to comply with the reasonable requests of the assessor to supply information which cannot be ascertained independently but which is necessary to determine actual use and properly classify the property when the assessor has evidence that there has been a change in the use of the property. Failure to supply such information shall not be the sole reason for reclassifying the property. Any such request for such information shall be accompanied by a notice that states that failure on the part of the property owner to supply such information will not be used as the sole reason for reclassifying the property in question. Subject to the availability of funds under the assessor's budget for such purpose, no later than May 1 of each year, the assessor shall inform each person whose property has been reclassified from agricultural land to any other classification of property of the reasons for such reclassification including, but not limited to, the basis for the determination that the actual use of the property has changed or that the classification of such property is erroneous.
(d) If a parcel of land is classified as agricultural land as defined in section
39-1-102 (1.6)(a)(III) and the perpetual conservation easement is terminated, violated, or substantially modified so that the easement is no longer granted exclusively for conservation purposes, the assessor may reassess the land retroactively for a period of seven years and the additional taxes, if any, that would have been levied on the land during the seven year period prior to the termination, violation, or modification shall become due.
(e) (I) Except as provided in subparagraph (II) of this paragraph (e) and in
paragraph (f) of this subsection (5), if a parcel of land is classified as agricultural land as defined in section 39-1-102 (1.6) and the productivity of such parcel of land is destroyed by a natural cause on or after January 1, 2012, so that, were it not for the destruction of the productivity of the land by a natural cause, the land would have qualified as agricultural land for the following property tax year, the agricultural land classification shall remain in place for the year of destruction and the four subsequent property tax years so long as the assessor receives evidence from the owner that the owner is in the process of rehabilitating the productivity of the land for agricultural use. Such evidence includes, but is not limited to, removing debris, removing contaminants, restoring fences and agricultural structures, reseeding, providing water for livestock, or contouring the land suitable for agricultural use.
(II) The agricultural land classification of the land described in subparagraph
(I) of this paragraph (e) must change according to current use if:
(A) The productivity of the land is not rehabilitated for agricultural use prior
to the January 1 after the period described in subparagraph (I) of this paragraph (e), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to rehabilitate the productivity of the land for agricultural use but that additional time is necessary;
(B) The assessor determines that the classification at the time of destruction
of the productivity of the land as a result of a natural cause was erroneous; or
(C) A change of use has occurred. For purposes of this sub-subparagraph (C),
a change of use does not include the temporary loss of agricultural classification of the land as a result of the destruction of the productivity of the land by a natural cause.
(f) (I) Except as provided in subparagraph (II) of this paragraph (f), if a parcel
of land is classified as agricultural land as defined in section 39-1-102 (1.6)(a)(II) and the productivity of the parcel of land is destroyed by a natural cause on or after January 1, 2012, so that, were it not for the destruction of the productivity of the land by a natural cause, the land would have qualified as agricultural land for the following property tax year, the agricultural land classification shall remain in place notwithstanding the length of the rehabilitation period specified in subparagraph (I) of paragraph (e) of this subsection (5) so long as the owner is in compliance with an approved forest management plan and is on the list provided by the Colorado state forest service as having such a plan.
(II) The agricultural land classification of the land described in subparagraph
(I) of this paragraph (f) must change according to current use if:
(A) The assessor determines that the classification at the time of destruction
of the productivity of the land as a result of a natural cause was erroneous; or
(B) A change of use has occurred. For purposes of this sub-subparagraph (B),
a change of use does not include the temporary loss of agricultural classification of the land as a result of the destruction of the productivity of the land by a natural cause.
(6) and (7) Repealed.
(8) In any case in which sales prices of comparable properties within any
class or subclass are utilized when considering the market approach to appraisal in the determination of actual value of any taxable property, the following limitations and conditions shall apply:
(a) (I) Use of the market approach shall require a representative body of
sales, including sales by a lender or government, sufficient to set a pattern, and appraisals shall reflect due consideration of the degree of comparability of sales, including the extent of similarities and dissimilarities among properties that are compared for assessment purposes. In order to obtain a reasonable sample and to reduce sudden price changes or fluctuations, all sales shall be included in the sample that reasonably reflect a true or typical sales price during the period specified in section 39-1-104 (10.2). Sales of personal property exempt pursuant to the provisions of sections 39-3-102, 39-3-103, and 39-3-119 to 39-3-122 shall not be included in any such sample.
(II) Because of the unique characteristics and limited number of oil shale
mineral interests, a minimum of five arm's-length sales of reasonably comparable oil shale mineral interests shall be required to constitute a market for purposes of utilization of the market approach to appraisal in determining the actual value of nonproducing oil shale mineral interests.
(b) Each such sale included in the sample shall be coded to indicate a typical,
negotiated sale, as screened and verified by the assessor.
(c) All such coded, typical sales samples shall be supplied to the
administrator for the performance of his duties.
(d) In no event shall a sales ratio be established or utilized for any class or
subclass of property unless and until there have been at least thirty such coded, typical sales or at least five percent of all properties in such class or subclass within the county have been sold and verified by the assessor as coded, typical sales, whichever amount is greater. When such minimum requirement has not been met but typical sales within any such class or subclass indicate that valuations in the class or subclass are too high or too low, such fact shall be reported to the state board of equalization, which board may order an independent appraisal study in such county.
(e) Repealed.
(f) Such true and typical sales shall include only those sales which have been
determined on an individual basis to reflect the selling price of the real property only or which have been adjusted on an individual basis to reflect the selling price of the real property only.
(9) (a) In the case of an improvement which is used as a residential dwelling
unit and is also used for any other purpose, the actual value and valuation for assessment of such improvement shall be determined as provided in this paragraph (a). The actual value of each portion of the improvement shall be determined by application of the appropriate approaches to appraisal specified in subsection (5) of this section. The actual value of the land containing such an improvement shall be determined by application of the appropriate approaches to appraisal specified in subsection (5) of this section. The land containing such an improvement shall be allocated to the appropriate classes based upon the proportion that the actual value of each of the classes to which the improvement is allocated bears to the total actual value of the improvement. The appropriate valuation for assessment ratio shall then be applied to the actual value of each portion of the land and of the improvement.
(b) In the case of land containing more than one improvement, one of which
is a residential dwelling unit, the determination of which class the land shall be allocated to shall be based upon the predominant or primary use to which the land is put in compliance with land use regulations. If multiuse is permitted by land use regulations, the land shall be allocated to the appropriate classes based upon the proportion that the actual value of each of the classes to which the improvements are allocated bears to the combined actual value of the improvements; the appropriate valuation for assessment ratio shall then be applied to the actual value of each portion of the land.
(10) Common property or common elements within a common interest
community as defined in the Colorado Common Interest Ownership Act, article 33.3 of title 38, C.R.S., shall be appraised and valued pursuant to the provisions of section 38-33.3-105, C.R.S.
(10.5) (a) The general assembly hereby finds and declares that bed and
breakfasts are unique mixed-use properties; that all areas of a bed and breakfast, except for the commercial lodging area, are shared and common areas that allow innkeepers and guests to interact in a residential setting; that the land on which a bed and breakfast is located and that is used in conjunction with the bed and breakfast is primarily residential in nature; and that there appears to exist a wide disparity in how assessors classify the different portions of bed and breakfasts.
(b) Therefore, notwithstanding any other provision of this article 1, a bed and
breakfast shall be assessed as provided in this subsection (10.5). The commercial lodging area of a bed and breakfast shall be assessed at the rate for lodging property. Any part of the bed and breakfast that is not a commercial lodging area shall be considered a residential improvement and assessed accordingly. The actual value of each portion of the bed and breakfast shall be determined by the application of the appropriate approaches to appraisal specified in subsection (5) of this section. The actual value of the land containing a bed and breakfast shall be determined by the application of the appropriate approaches to appraisal specified in subsection (5) of this section. The land containing a bed and breakfast shall be assessed as follows:
(I) The portion of land directly underneath a bed and breakfast shall be
assessed pursuant to the procedures pertaining to land set forth in subsection (9) of this section.
(II) There shall be a rebuttable presumption that all remaining land shall be
assessed as residential land. Such presumption shall only be overcome if there is a nonresidential use not reasonably associated with the operation of the bed and breakfast on some portion of the remaining land, in which case, such portion of the remaining land shall be assessed as nonresidential land.
(III) Subparagraphs (I) and (II) of this paragraph (b) shall not apply to
agricultural land.
(10.7) (a) The general assembly hereby finds and declares that:
(I) A nursing home is a unique residential property that is the residence of
the individuals living there at the time, regardless of their length of stay;
(II) There is a discrepancy in how assessing officers classify nursing homes
that provide short-term services and nursing homes that provide longer-term services for purposes of calculating property tax; and
(III) Therefore, it is important for the general assembly to clarify that all
nursing homes, regardless of a resident's length of stay, must be classified as residential real property.
(b) For property tax years commencing on and after January 1, 2023, land
used for a nursing home and any improvements affixed to that land for the use of the nursing home are classified and assessed as residential real property, regardless of a resident's length of stay.
(11) The general assembly hereby declares that consideration by assessing
officers of the cost approach, market approach, and income approach to the appraisal of real property has resulted in valuations of minerals in place which are neither uniform, nor just and equal, because of wide variations within the same locality in quality and quantity of mineral deposits, if any, because of uncertainty in the existence or extent of such deposits, because of difficulty in measuring acquisition or replacement costs, or because of speculative value judgments when minerals in place are not income producing. Therefore, in the absence of preponderant evidence shown by the assessing officer that the use of the cost approach, market approach, and income approach result in uniform and just and equal valuation, minerals in place are not to be considered in determining the actual value of real property.
(12) In any case in which the income approach is utilized in the determination
of the actual value of any nonproducing oil shale mineral interests, the following limitations and conditions shall apply:
(a) The assessor shall capitalize the annual rental income for such
nonproducing mineral interests at a capitalization rate of thirteen percent. If nonproducing mineral interests are unleased, the assessor shall use the annual rental as defined in paragraph (b) of this subsection (12).
(b) For the purposes of this subsection (12), annual rental means annual
rental payments, or other compensatory payments payable for the right to hold a mineral interest, which payments are fixed and certain in amount and payable periodically over a fixed period calculated on a twelve-month basis. Annual rental shall be the representative annual rental for such mineral interests leased within the county or the area, and annual rental does not include royalty payments, advanced royalty payments, bonus payments, or minimum royalty payments covering periods when the mineral interests are not in production, even though said payments may be fixed and certain in amount and payable periodically. For the purposes of this paragraph (b), royalty payments, advanced royalty payments, and minimum royalty payments mean payments attributable to a portion of the current or future mineral production of a mineral interest, paid for the privilege of producing minerals, and bonus payments means compensation paid as consideration for the granting of a mineral lease or other compensatory payments which are payable regardless of the extent of use of the mineral interest and which are fixed and certain in amount and may be payable in one or more periodical increments over a fixed period.
(13) (a) The general assembly hereby finds and declares that, in the
consideration of the cost approach, market approach, and income approach to the appraisal of personal property by assessing officers, the cost approach shall establish the maximum value of property if all costs incurred in the acquisition and installation of such property are fully and completely disclosed by the property owner to the assessing officer.
(b) Therefore, in the assessment of taxable personal property, the assessing
officer shall consider the value derived from the cost approach to be the maximum value of the property if the property owner has timely filed his declaration and the declaration contains all relevant information pertaining to the valuation of the property and, also includes, a full disclosure of all costs incurred in the acquisition and installation of all personal property owned by or in the possession of the taxpayer.
(c) Assessing officers shall consider the cost approach to the appraisal of
property, pursuant to the provisions of this subsection (13), in good faith and shall deny the use of the cost approach only upon just cause that the requirements set forth in this subsection (13) and in section 39-5-116 have not been complied with by a taxpayer. If it is determined at any time that an assessing officer wrongly denied the use of the cost approach, such assessing officer shall be held liable for all costs incurred by the taxpayer in protesting such assessment based on such denial. However, nothing in this subsection (13) shall preclude the assessing officers from considering the market approach or income approach to the appraisal of personal property when such consideration would result in a lower value of the property and when such valuation is based on independent information obtained by the assessing officers.
(14) (a) The general assembly hereby finds and declares that, in determining
the actual value of vacant land, there appears to exist a wide disparity in the treatment of vacant land by the assessing officers of the various counties; that the methods of appraisal currently being utilized by assessing officers for such valuation remain unclear; and that such assessing officers are provided detailed information concerning the appraisal of vacant land in the manuals, appraisal procedures, and instructions prepared and published by the administrator.
(b) The assessing officers shall give appropriate consideration to the cost
approach, market approach, and income approach to appraisal as required by the provisions of section 3 of article X of the state constitution in determining the actual value of vacant land. When using the market approach to appraisal in determining the actual value of vacant land as of the assessment date, assessing officers shall take into account, but need not limit their consideration to, the following factors: The anticipated market absorption rate, the size and location of such land, the direct costs of development, any amenities, any site improvements, access, and use. When using anticipated market absorption rates, the assessing officers shall use appropriate discount factors in determining the present worth of vacant land until eighty percent of the lots within an approved plat have been sold and shall include all vacant land in the approved plat. For purposes of such discounting, direct costs of development shall be taken into account. The use of present worth shall reflect the anticipated market absorption rate for the lots within such plat, but such time period shall not generally exceed thirty years. For purposes of this paragraph (b), no indirect costs of development, including, but not limited to, costs relating to marketing, overhead, or profit, shall be considered or taken into account.
(c) (I) For purposes of this subsection (14), vacant land means any lot,
parcel, site, or tract of land upon which no buildings or fixtures, other than minor structures, are located. Vacant land may include land with site improvements. Vacant land includes land that is part of a development tract or subdivision when using present worth discounting in the market approach to appraisal; however, vacant land shall not include any lots within such subdivision or any portion of such development tract that improvements, other than site improvements or minor structures, have been erected upon or affixed thereto. Vacant land does not include agricultural land, producing oil and gas properties, severed mineral interests, and all mines, whether producing or nonproducing.
(II) For purposes of this subsection (14):
(A) Minor structures means improvements that do not add value to the land
on which they are located and that are not suitable to be used for and are not actually used for any commercial, residential, or agricultural purpose.
(B) Site improvements means streets with curbs and gutters, culverts and
other sewage and drainage facilities, and utility easements and hookups for individual lots or parcels.
(d) As soon after the assessment date as may be practicable, the assessor
shall mail or deliver two copies of a subdivision land valuation questionnaire for each approved plat within the county to the last-known address of the subdivision developer known or believed to own vacant land within such approved plat. Such questionnaire shall be designed to elicit information vital to determining the present worth of vacant land within such approved plat. Such subdivision developer or his agent shall answer all questions to the best of his ability, attaching such exhibits or statements thereto as may be necessary, and shall sign and return the original copy thereof to the assessor no later than the March 20 subsequent to the assessment date. All information provided by the subdivision developer in such questionnaire shall be kept confidential by the assessor; except that the assessor shall make such information available to the person conducting any valuation for assessment study pursuant to section 39-1-104 (16) and his employees and the property tax administrator and his employees.
(e) If any subdivision developer fails to complete and file one or more
questionnaires by March 20, then the assessor may determine the actual value of the taxable vacant land within an approved plat which is owned by such subdivision developer on the basis of the best information available to and obtainable by the assessor.
(15) The general assembly hereby finds and declares that assessing officers
shall give appropriate consideration to the cost approach, market approach, and income approach to appraisal as required by section 3 of article X of the state constitution in determining the actual value of taxable property. In the absence of evidence shown by the assessing officer that the use of the cost approach, market approach, and income approach to appraisal requires the modification of the actual value of taxable property for the first year of a reassessment cycle in order to result in uniform and just and equal valuation for the second year of a reassessment cycle, the assessing officer shall consider the actual value of any taxable property for the first year of a reassessment cycle, as may have been adjusted as a result of protests and appeals, if any, prior to the assessment date of the second year of a reassessment cycle, to be the actual value of such taxable property for the second year of a reassessment cycle.
(16) (a) The general assembly hereby finds and declares that in the
consideration of the cost approach, market approach, and income approach to appraisal for the valuation of superfund water treatment facilities, the cost approach to appraisal does not adequately reflect characteristics specific to superfund water treatment facilities that negatively impact the value of such facilities, including, but not limited to, the lack of income producing ability and the absence of any market for sale of superfund water treatment facilities. Therefore, in the assessment of superfund water treatment facilities, the income approach to appraisal shall be considered the primary indicator of value and the cost approach or market approach to appraisal shall be used only if the value determined under the cost approach or market approach is less than the value determined under the income approach to appraisal. For the purposes of determining the actual value of superfund water treatment facilities as of the assessment date using the income approach to appraisal, the assessing officer shall capitalize the actual income generated by the facility during the calendar year preceding the assessment date at the rate of ten percent per annum.
(b) For purposes of this subsection (16), superfund water treatment
facilities means real and personal property that is:
(I) Installed and constructed pursuant to an agreement with or an order of
the federal government or the state or any of its political subdivisions and to satisfy the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended; and
(II) Operated for the purpose of eliminating, reducing, controlling, or
disposing of pollutants, as defined in section 25-8-103 (15), C.R.S., that could alter the physical, chemical, biological, or radiological integrity of state waters if released into state waters.
(17) (a) The general assembly declares that the valuation of possessory
interests in exempt properties is uncertain and highly speculative and that the following specific standards for the appropriate consideration of the cost approach, the market approach, and the income approach to appraisal in the valuation of possessory interests must be provided by statute and applied in the valuation of possessory interests to eliminate the unjust and unequalized valuations that would result in the absence of specific standards:
(I) The actual value of any possessory interest of the lessee or permittee of
lands owned by the United States and leased or permitted for use for ski area recreational purposes in connection with a business conducted for profit shall be determined by capitalizing at an appropriate rate the annual fee paid to the United States by the lessee or permittee of such land for the use thereof in the immediately preceding calendar year, adjusted to the level of value using a factor or factors to be published by the administrator pursuant to the same procedures and principles as are provided for property in section 39-1-104 (12.3)(a)(I). The rate used to capitalize any fee pursuant to this subparagraph (I) shall include an appropriate rate of return, an appropriate adjustment for the applicable property tax rate, and an appropriate adjustment to reflect the portion of the fee, if any, required to be paid over by the United States to the state of Colorado and its political subdivisions.
(II) (A) Except for possessory interests in land leased or permitted for use for
ski area recreational purposes valued in accordance with subparagraph (I) of this paragraph (a) and except as otherwise provided in subparagraph (III) of this paragraph (a), the actual value of a possessory interest in land, improvements, or personal property shall be determined by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. When the cost or income approach to appraisal is applicable, the actual value of the possessory interest shall be determined by the present value of the reasonably estimated future annual rents or fees required to be paid by the holder of the possessory interest to the owner of the underlying real or personal property through the stated initial term of the lease or other instrument granting the possessory interest; except that the actual value of a possessory interest in agricultural land, including land leased by the state board of land commissioners other than land leased pursuant to section 36-1-120.5, C.R.S., shall be the actual amount of the annual rent paid for the property tax year. The rents or fees used to determine the actual value of a possessory interest under the cost or income approach to appraisal shall be the actual contract rents or fees reasonably expected to be paid to the owner of the underlying real or personal property unless it is shown that the actual contract rents or fees to be paid for the possessory interest being valued are not representative of the market rents or fees paid for that type of real or personal property, in which case the market rents or fees shall be substituted for the actual contract rents or fees.
(B) The rents or fees taken into account under the cost or income approach
to appraisal under sub-subparagraph (A) of this subparagraph (II) shall exclude that portion of the rents and fees required to be paid for all rights other than the exclusive right to use and possess the land, improvements, or personal property. Such rents or fees to be excluded shall include, but shall not be limited to, any portion of such rents or fees attributable to any of the following: Nonexclusive rights to use and possess public property, such as roads, rights-of-way, easements, and common areas; rights to conduct a business, as determined in accordance with guidelines to be published by the administrator; income of the holder of the possessory interest that is not directly derived from and directly related to the use or occupancy of the possessory interest; any amount paid under a timber sales contract or similar agreement for the purchase of timber or for the right to acquire and remove timber; and reimbursement to the owner of the underlying real or personal property of the reasonable costs of operating, maintaining, and repairing the land, improvements, or personal property to which the possessory interest pertains, regardless of whether such costs are separately stated, provided that the types of such costs can be identified with reasonable certainty from the documents granting the possessory interest. The actual value of the possessory interest so determined shall be adjusted to the taxable level of value using a factor or factors to be published by the administrator pursuant to the same procedures and principles as are provided for personal property in section 39-1-104 (12.3)(a)(I).
(III) Subparagraphs (I) and (II) of this paragraph (a) shall not apply to any
management contract. In the case of a management contract, the possessory interest shall be presumed to have no actual value. For purposes of this subparagraph (III), management contract means a contract that meets all of the following criteria:
(A) The government owner of the real or personal property subject to the
contract directly or indirectly provides the management contractor all funds to operate the real or personal property;
(B) The government owns all of the real or personal property used in the
operation of the real or personal property subject to the contract;
(C) The government maintains control over the amount of profit the
management contractor can realize or sets the prices charged by the management contractor, or the management contractor's exclusive obligation is to operate and manage the real or personal property for which the management contractor receives a fee;
(D) The government reserves the right to use the real or personal property
when it is not being managed or operated by the management contractor;
(E) The management contractor has no leasehold or similar interest in the
real or personal property;
(F) To the extent the management contractor manages a manufacturing
process for the government on the real property subject to the contract, the government owns all or substantially all of the personal property used in the process; and
(G) The real or personal property is maintained and repaired at the expense
of the government.
(b) This subsection (17) shall not apply to and shall not be construed to affect
or change the valuation of public utilities pursuant to article 4 of this title, the valuation of equities in state lands pursuant to section 39-5-106, the valuation of mines pursuant to article 6 or any other article of this title, or the valuation of oil and gas leaseholds and lands pursuant to article 7 of this title.
(18) (a) The general assembly hereby finds and declares that real property
that is located in a district in which limited gaming is authorized but that is not used for limited gaming may be unfairly valued by comparison of said real property with real property that is used for limited gaming. The general assembly further finds that real property that is located in a gaming district may be reasonably used for purposes other than limited gaming, that such alternative uses may be beneficial in strengthening the economies of gaming districts, and that such alternative uses should be encouraged. In addition, the general assembly finds that applying the cost and market approaches to appraisal in valuing real property that is located in a limited gaming district but that is not used for limited gaming may result in an unfairly high valuation of real property that is reasonably used for a purpose other than limited gaming. Therefore, the provisions of this subsection (18) shall govern the classification and valuation of real property that is located within a gaming district but that is not used for limited gaming.
(b) For property tax years beginning on or after January 1, 1999, if the actual
use as of the assessment date of any real property that is located in a limited gaming district but that is not used for limited gaming is used as residential real property, the real property shall be classified as residential real property, and the assessing officer shall determine the actual value of said real property as of the assessment date by applying the market approach to appraisal. If, due to the limited number of real properties located within a limited gaming district that are not used for limited gaming and that are used as residential real property, comparable valuation data is not available from within a limited gaming district to determine adequately the actual value of real property located within said limited gaming district that is not used for limited gaming and that is used as residential real property, notwithstanding any law to the contrary, the assessing officer shall consider sales of reasonably comparable residential real property located inside and outside of any limited gaming district for purposes of utilization of the market approach to appraisal in determining the actual value of said real property located within a limited gaming district that is not used for limited gaming and that is used as residential real property.
(c) For property tax years beginning on or after January 1, 1999, if the actual
use as of the assessment date of any real property that is located in a limited gaming district is not for limited gaming or as residential real property, including but not limited to vacant land, the real property shall be classified as nongaming real property, and the assessing officer shall determine the actual value of said real property as of the assessment date by giving appropriate consideration to the cost, market, and income approaches to appraisal. If, due to the limited number of real properties located within a limited gaming district that are not used for limited gaming or as residential real property, comparable valuation data is not available from within a limited gaming district to determine adequately the actual value of real property located within said limited gaming district that is not used for limited gaming or as residential real property, notwithstanding any law to the contrary, the assessing officer shall:
(I) Consider sales of reasonably comparable real property that is not used as
residential property located inside and outside of any limited gaming district for purposes of utilization of the market approach to appraisal in determining the actual value of real property located within a limited gaming district that is not used for limited gaming or as residential real property; and
(II) Consider reasonably comparable real property that is not used as
residential property located inside and outside of any limited gaming district for purposes of utilization of the income approach to appraisal in determining the actual value of real property located within a limited gaming district that is not used for limited gaming or as residential real property.
(d) For purposes of this subsection (18), real property is considered to be
used for limited gaming if the owner or lessee of the real property holds a retail gaming license issued pursuant to part 5 of article 30 of title 44, and if the owner or lessee actually uses the real property in offering limited gaming for play or for administrative support services related to providing limited gaming or makes the real property available for other uses by persons who are engaged in limited gaming for play, including but not limited to using the property for parking, for a restaurant, or for a hotel or motel.
Source: L. 64: R&RE, p. 676, � 1. C.R.S. 1963: � 137-1-3. L. 67: p. 945, �� 2-4.
L. 70: p. 380, � 9. L. 71: p. 1242, � 1. L. 73: pp. 237, 1429, �� 18, 1. L. 75: (6)(a)(I) amended, p. 1453, � 1, effective May 22; (4)(b) repealed, p. 1473, � 30, effective July 18. L. 76: (5) amended, p. 754, � 3, effective January 1, 1977. L. 77: (5) amended and (7) and (8) added p. 1729, � 2, effective June 20; (4)(b) RC&RE, p. 1740, � 2, effective January 1, 1978. L. 81: (5)(a) amended, p. 1829, � 1, effective June 12. L. 83: (8)(d) amended, p. 1489, � 1, effective April 21; (9) added, p. 1492, � 1, effective April 21; (4)(a) and (5)(b) repealed and (5)(a), IP(8), and (8)(a) amended, pp. 1485, 1480, �� 11, 2, effective April 22; (6) repealed, p. 1488, � 6, effective June 1. L. 84: (8)(e) and (8)(f) added, p. 986, � 1, effective March 16; (10) added, p. 987, � 1, effective April 5. L. 85: (5)(b) RC&RE, (8)(a) amended, and (11) and (12) added, pp. 1210, 1211, �� 3, 4, effective May 9; (5)(a) amended, p. 1217, � 1, effective May 24. L. 87: (7) repealed, p. 1304, � 1, effective May 20; (13) added, p. 1415, � 2, effective June 16; (8)(e) amended, p. 1388, � 9, effective June 20. L. 88: (14) added, p. 1281, � 4, effective January 1, 1989. L. 89: (8)(a)(I) amended, p. 1482, � 4, effective May 9; (14)(b) and (14)(c)(I) amended, p. 1449, � 1, effective June 7. L. 90: (5)(c), (14)(d), and (14)(e) added, (8)(a)(I) and (14)(b) amended, and (8)(e) repealed, pp. 1701, 1688, 1705, �� 34, 3, 2, 41, effective June 9; (15) added, p. 1697, � 22, effective January 1, 1991. L. 91: (8)(a)(I) amended, p. 2005, � 3, effective June 6. L. 92: (14)(b) amended, p. 2215, � 1, effective June 2. L. 93: (10) amended, p. 654, � 22, effective April 30; (5)(c) amended, p. 1743, � 2, effective July 1. L. 95: (8)(a)(I) amended, p. 8, � 2, effective March 9; (5)(a) amended and (5)(d) added, p. 174, � 3, effective April 7. L. 96: (16) added, p. 130, � 1, effective March 25; (5)(a) and (8)(a)(I) amended, p. 718, � 1, effective May 22; (14)(c) amended, p. 1198, � 1, effective June 1; (17) added, p. 1852, � 4, effective June 5. L. 97: (17)(a)(II)(B) amended, p. 1030, � 63, effective August 6. L. 98: (18) added, p. 110, � 1, effective March 23. L. 2000: (5)(a) amended, p. 1499, � 2, effective August 2. L. 2002: IP(17)(a) amended, p. 1008, � 1, effective August 7; (10.5) added, p. 1672, � 2, effective January 1, 2003. L. 2003: (17)(a)(II)(A) amended, p. 1696, � 1, effective January 1, 2004; (17)(a)(II)(B) amended, p. 2492, � 1, effective January 1, 2004. L. 2004: (17)(a)(II)(A) amended, p. 1088, � 1, effective January 1, 2005. L. 2010: (5)(a) amended, (HB 10-1197), ch. 175, p. 634, � 2, effective August 11. L. 2011: (5)(c) amended, (HB 11-1042), ch. 138, p. 480, � 2, effective May 4. L. 2015: (5)(c) amended and (5)(e) and (5)(f) added, (HB 15-1008), ch. 90, p. 258, � 1, effective April 10. L. 2018: (5)(c) amended, (HB 18-1283), ch. 270, p. 1666, � 2, effective August 8; (18)(d) amended, (SB 18-034), ch. 14, p. 249, � 45, effective October 1. L. 2021: IP(10.5)(b) amended, (SB 21-293), ch. 301, p. 1812, � 11, effective June 23; (5)(a) amended, (HB 21-1312), ch. 299, p. 1791, � 4, effective July 1. L. 2022: (10.7) added, (HB 22-1296), ch. 310, p. 2227, � 2, effective August 10. L. 2023: (5)(a) amended, (SB 23-304), ch. 259, p. 1496, � 1, effective August 7.
Cross references: For the legislative declaration in HB 21-1312, see section 1
of chapter 299, Session Laws of Colorado 2021.
C.R.S. § 39-21-120
39-21-120. Signature and filing alternatives for tax returns. (1) The executive director may prescribe alternative methods for the making, filing, signing, subscribing, verifying, transmitting, receiving, or storing of returns or other documents pursuant to the statutory provisions of this article 21 and other articles referenced in this article 21. The executive director shall adopt rules as may be appropriate to define and implement acceptable alternatives for each article within the scope of this section.
(2) Any return or other document signed, subscribed, or verified under any
method adopted under subsection (1) of this section shall be treated for all purposes, including penalties for perjury, in the same manner as if verified by signature.
(3) To enable alternative filing of tax returns, the executive director is
hereby authorized to contract for communications services with governmental or private contractors. Such contractors shall be subject to the provisions of section 39-21-113 (4), and each contract entered into pursuant to this subsection (3) shall set forth the provisions of section 39-21-113 (4) and (6).
Source: L. 93: Entire section added, p. 428, � 1, effective April 19. L. 2001: (1)
amended, p. 781, � 16, effective June 1. L. 2009: (1) amended, (HB 09-1053), ch. 159, p. 693, � 19, effective August 5. L. 2019: (1) amended, (SB 19-241), ch. 390, p. 3475, � 49, effective August 2; (1) amended, (HB 19-1256), ch. 395, p. 3514, � 2, effective August 2. L. 2021: (1) amended, (HB 21-1157), ch. 118, p. 454, � 2, effective September 7.
Editor's note: Amendments to subsection (1) by SB 19-241 and HB 19-1256
were harmonized.
C.R.S. § 39-22-545
39-22-545. Credit against tax - heat pump systems - heat pump water heaters - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:
(I) The general assembly has committed to reduce greenhouse gases
through numerous policy and regulatory measures to meet the goals established in 2019;
(II) Great quantities of emissions are released in the traditional process of
heating and cooling private sector residential buildings;
(III) There is great potential for businesses and individuals in the state to
reduce greenhouse gas emissions generated in the heating and cooling of residential buildings by installing heat pump systems or heat pump water heaters, which reduce net greenhouse gas emissions;
(IV) Providing an income tax credit for heat pump systems and heat pump
water heaters will encourage businesses and individuals to purchase and use heat pump systems and heat pump water heaters rather than traditional heating and cooling methods; and
(V) The purchase and use of heat pump systems and heat pump water
heaters will benefit public health in the heating and cooling of homes and businesses and take advantage of latent heat sources and available renewable power during low demand periods.
(b) In accordance with section 39-21-304 (1), which requires each bill that
creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to:
(I) Induce certain designated behavior by taxpayers, specifically the
purchase and use of heat pump systems and heat pump water heaters; and
(II) Contribute to the state's effort to achieve its climate goals.
(c) The general assembly and the state auditor shall measure the
effectiveness of the tax credits in achieving the purposes specified in subsection (1)(b) of this section based on the number of heat pump systems and the number of heat pump water heaters sold and used in the state. The Colorado energy office shall provide the state auditor with any available information that would assist the state auditor's measurement.
(2) As used in this section, unless the context otherwise requires:
(a) Air-source heat pump system has the same meaning set forth in section
39-26-732 (2)(a).
(b) Ground-source heat pump system has the same meaning set forth in
section 39-26-732 (2)(b).
(c) Heat pump system means an air-source heat pump system, ground-source heat pump system, water-source heat pump system, or variable refrigerant
flow heat pump system.
(d) Heat pump water heater has the same meaning set forth in section 39-26-732 (2)(d).
(e) Purchase price means the amount actually paid by the purchaser for
the tangible personal property installed, including charges for sales tax and freight, but not including any charges for assembly, installation, or other construction services, or permit fees.
(f) Purchaser means a taxpayer who is the buyer of a heat pump system or
heat pump water heater.
(g) Seller means the entity that sells a heat pump system or heat pump
water heater to a purchaser.
(h) Taxpayer means a person subject to tax under this article 22, or a
person or political subdivision of this state who is exempt from tax under section 39-22-112 (1), but does not include insurance companies subject to the tax imposed on gross premiums by section 10-3-209. For purposes of this section, a person or political subdivision of this state who is exempt from tax under section 39-22-112 (1) is a taxpayer even if the person or political subdivision has no unrelated business income.
(i) Variable refrigerant flow heat pump system has the same meaning set
forth in section 39-26-732 (2)(f).
(j) Water-source heat pump system has the same meaning set forth in
section 39-26-732 (2)(e).
(3) (a) Subject to the provisions of subsection (4) of this section, for income
tax years commencing on or after January 1, 2023, but before January 1, 2024, any purchaser that installs a residential or commercial heat pump system into real property in this state or that installs a residential or commercial heat pump water heater into real property in this state is allowed a credit against the tax imposed by this article 22 in an amount equal to ten percent of the purchase price paid by the purchaser for the heat pump system or heat pump water heater.
(b) The credit allowed pursuant to this section is for the income tax year in
which the heat pump system or heat pump water heater is purchased.
(4) (a) (I) To be eligible to claim a tax credit pursuant to this section, the
purchaser shall certify, as specified in subsection (4)(b) of this section, that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of a heat pump system or heat pump water heater in a new or existing industrial, commercial, or multifamily residential building containing twenty thousand square feet or more of conditioned floor space was or will be performed by a contractor on the certified contractor list created pursuant to section 40-3.2-105.6 (3)(a), or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards.
(II) The requirements of this subsection (4)(a) do not apply to the installation
of a heat pump system or heat pump water heater that is limited to in-unit work in a multifamily building or unit and that is initiated by the owner or tenant of the multifamily building or unit.
(b) The purchaser shall certify, in a form and manner to be determined by the
department of revenue, that the heat pump system or heat pump water heater was or will be installed in accordance with the provisions of subsection (4)(a) of this section, if applicable. The seller shall provide the certification to the purchaser for the purposes of subsection (5) of this section.
(5) (a) A purchaser may assign the tax credit allowed in this section to the
purchaser's seller as follows:
(I) The assignment to the seller must be completed at the time of purchase
of a new heat pump system or heat pump water heater by entering into an agreement as set forth in subsection (5)(c) of this section;
(II) The purchaser must certify in writing that the purchaser will comply with
the provisions regarding installation of the heat pump system or heat pump water heater specified in subsection (4) of this section, if applicable;
(III) The purchaser must assign the tax credit to the seller and forfeit the
right to claim the tax credit on the purchaser's tax return in exchange for good and valuable consideration; and
(IV) The seller must compensate the purchaser for the full nominal value of
the tax credit. The compensation paid to the purchaser is considered a refund of state taxes and is not state taxable income.
(b) Notwithstanding section 39-21-108 (3), if a purchaser assigns the tax
credit to a seller pursuant to this subsection (5), the seller receives the full amount of the tax credit that the purchaser is allowed in this section. Any unpaid balance or unpaid debt of the purchaser may not be credited from the amount of the tax credit allowed in this section.
(c) To complete the tax credit assignment, the purchaser and the seller must
enter into an agreement that:
(I) Includes the purchaser's written certification to comply with the
provisions regarding installation of the heat pump system or heat pump water heater specified in subsection (4) of this section, if applicable; and
(II) Affirms that the requirements specified in subsection (5)(a) of this section
were met.
(d) The seller may authorize an agent or a designee to sign the agreement on
its behalf.
(e) The seller shall electronically submit a report containing the information
required in the agreement described in subsection (5)(c) of this section to the department of revenue within thirty days of the purchase of a heat pump system or heat pump water heater in a form and manner to be determined by the department.
(f) The seller shall also file the agreement described in subsection (5)(c) of
this section with the original tax return for the taxable year in which the heat pump system or heat pump water heater is purchased.
(g) The department of revenue, in consultation with the Colorado energy
office, shall develop a model report and agreement no later than December 1, 2022.
(6) If a credit authorized in this section exceeds the income tax due on the
income of the seller for the taxable year, the excess credit may not be carried forward and shall be refundable to the seller.
(7) Making a purchaser aware of the income tax credit allowed in this section
or helping a purchaser assign the income tax credit to a seller as allowed in this section does not rise to the level of providing the purchaser with unauthorized tax advice.
(8) This section is repealed, effective January 1, 2028.
Source: L. 2022: Entire section added, (SB 22-051), ch. 333, p. 2346, � 2,
effective August 10. L. 2023: (3)(a) amended, (HB 23-1272), ch. 167, p. 775, � 4, effective May 11.
Cross references: For the legislative declaration in HB 23-1272, see section 1
of chapter 167, Session Laws of Colorado 2023.
C.R.S. § 39-22-559
39-22-559. Film incentive tax credit - tax preference performance statement - review - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:
(I) Colorado is home to many talented film industry members, many of whom
travel out of state for work as they cannot find enough work locally to support them;
(II) With a competitive film incentive that is comparable to surrounding
western states with similar beautiful landscapes, Colorado will have the ability to attract high-profile projects that will bring in more film tourism and increase Colorado's impact on the global film industry; and
(III) Colorado's film industry has the ability to be a true economic driver in the
state.
(b) In accordance with section 39-21-304 (1), which requires each bill that
creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided for in this section is to induce certain designated behavior by taxpayers and to provide a reduction in income tax liability for certain business or individuals by allowing production companies to receive a credit against income tax for qualified expenditures if certain criteria are met. Specifically, this tax expenditure is intended to incentivize production companies to film in Colorado and attract more film projects, in particular high-budget film projects, that will employ more Coloradans.
(c) The general assembly and the state auditor shall measure the
effectiveness of the tax credit in achieving the purposes specified in subsection (1)(b) of this section based on the number and value of the credits claimed and, when available, taking into consideration the results of the review performed by the office of economic development and the office pursuant to subsection (8) of this section.
(2) As used in this section, unless the context otherwise requires:
(a) Credit means the credit against income tax created in this section.
(b) Film has the same meaning as set forth in section 24-48.5-114 (1).
(c) Obscene has the same meaning as set forth in section 18-7-101 (2).
(d) Office has the same meaning as set forth in section 24-48.5-114.
(e) Office of economic development means the office of economic
development created in section 24-48.5-101 (1).
(f) Originates means that a production company has been a resident of the
state or registered with the secretary of state for at least twelve consecutive months and, as of the date of applying for a tax credit as specified in subsection (3) of this section, has engaged in production activities in the state for other projects in the past twelve consecutive months; except that if the production company creates a business entity for the sole purpose of conducting production activities in the state, then such business entity need not be registered with the secretary of state for twelve consecutive months, but the manager of the business entity must be a resident of the state for at least twelve consecutive months as of the date of applying for a tax credit as specified in subsection (3) of this section. As used in this subsection (2)(f), manager of the business entity means a manager with decision-making authority to make financial or legal commitments on behalf of the production company or business entity.
(g) Production activities means the shooting of a film, support activities
related to such shooting, and any preshooting or postshooting activities that commence on or after January 1, 2024, and that are necessary to produce a finished film, including but not limited to editing and the creation of sets, props, costumes, and special effects.
(h) Production company means a person, including a corporation or other
business entity, that engages in production activities for the purpose of producing all or any portion of a film in Colorado.
(i) Qualified local expenditure means a payment made by a production
company operating in Colorado to a person or business in Colorado in connection with production activities in Colorado. Qualified local expenditure includes, but need not be limited to:
(I) Payments made in connection with developing or purchasing the story and
scenario to be used for a film;
(II) Payments made for the costs of set construction and operations,
wardrobe, accessories, and related services;
(III) Payments made for the costs of photography, sound recording and
synchronization, lighting, and related services;
(IV) Payments made for the costs of editing, postproduction, music, and
related services;
(V) Payments made for the costs of renting facilities and equipment,
including location fees, leasing vehicles, and providing food and lodging to people working on the film production;
(VI) Payments for airfare purchased through a Colorado-based travel agency
or company;
(VII) Payments for insurance and bonding purchased through a Colorado-based insurance agent;
(VIII) Payments for other direct costs incurred by the film production
company that are deemed appropriate by the office;
(IX) Payments of up to one million dollars per employee or contractor, made
by a production company to pay the wages or salaries of employees or contractors who participate in the production activities. In order for any wage or salary to be considered a qualified local expenditure, all Colorado income taxes shall be withheld and paid either by the production company or the individual. Any payments in excess of one million dollars per employee or contractor shall be excluded.
(X) Payments of up to one million dollars per calendar year per personal
service corporation, as defined in section 24-48.5-114 (4.5)(a), made by a production company to a personal service corporation to pay the wages or salaries of an employee-owner of a personal service corporation, as defined in section 24-48.5-114 (4.5)(b), who participates in the production activities. In order for any wage or salary to be considered a qualified local expenditure, the production company must file an information return pursuant to section 39-22-604 (21) regarding the payments made to the personal service corporation. Any payments in excess of one million dollars per personal service corporation are excluded.
(3) Subject to the limitations set forth in subsections (5) and (6) of this
section, for income tax years commencing on or after January 1, 2024, but before January 1, 2032, there shall be allowed a film incentive tax credit with respect to income taxes imposed pursuant to this article 22 to any production company making at least one hundred thousand dollars in actual qualified local expenditures and employing a workforce for any in-state production activity made up of at least fifty percent Colorado residents in an amount not to exceed twenty-two percent of the actual qualified local expenditures.
(a) to (c) (Deleted by amendment, L. 2024.)
(4) The director of the office of economic development may, in the director's
discretion, approve a tax credit in an amount that exceeds twenty percent or twenty-two percent, as applicable, of qualified local expenditures for a production company that qualifies for a tax credit under subsection (3) of this section.
(5) (a) For the 2024 calendar year, and for each calendar year thereafter, the
maximum aggregate amount of all tax credits that the office may reserve pursuant to subsection (6) of this section is five million dollars per calendar year.
(b) Repealed.
(c) A production company shall not apply for and the office shall not approve
a tax credit allowed under subsection (3) of this section for any qualified local expenditures for which the production company has applied or been awarded a performance-based incentive pursuant to section 24-48.5-116.
(6) (a) For a production company to claim a tax credit pursuant to subsection
(3) of this section, the production company must apply to the office for a tax credit reservation, in a manner to be determined by the office prior to beginning production activities in the state for the project for which the production company is seeking a tax credit. The application for a tax credit reservation must include a statement of intent by the production company to produce a film in Colorado for which the production company will be eligible to receive the tax credit. The production company must submit, in conjunction with the application, any documentation necessary to demonstrate that:
(I) The production company's projected qualified local expenditures will
satisfy the minimum expenditure requirement specified in subsection (3) of this section; and
(II) If the production company seeks a tax credit specified in subsection (3) of
this section, the production company will originate production activities in Colorado, including copies of income tax forms, proof of voter registration, or copies of utility bills, to provide documentary evidence that, as of the date of applying for a tax credit:
(A) The production company engaged in production activities in the state for
other projects in the past twelve consecutive months; or
(B) If the production company created a business entity for the sole purpose
of conducting production activities in the state, the manager of the business entity was a resident in the state for the past twelve consecutive months.
(b) (I) The office shall review each application for a tax credit reservation
submitted by a production company before the production company begins work on a film in Colorado. Based on the information provided in the production company's application for a tax credit reservation, the office may determine that a production company is entitled to a tax credit reservation in accordance with the provisions of this section. The office shall issue tax credit reservations subject to the limitations set forth in this subsection (6) and in subsection (5) of this section. The office shall not issue tax credit reservations after December 31, 2029.
(II) If the office reserves a tax credit for the benefit of a production company,
the office shall notify the production company in writing of the reservation and the amount reserved. The reservation of a tax credit by the office for a production company does not entitle the production company to the issuance of a tax credit certificate until the production company complies with all of the other requirements specified in this section for the issuance of the tax credit certificate. When the office approves a tax credit reservation, the office may also impose additional requirements, which a production company shall satisfy as part of completing the production activities before a tax credit certificate is issued to the production company.
(III) If approved, the office may issue a tax credit reservation to a production
company in an amount not to exceed twenty-two percent of the estimated qualified local expenditures.
(c) (I) (A) A production company shall complete the production activities in
Colorado on or before December 31, 2031. Upon completion of the production activities in Colorado, a production company that received a tax credit reservation from the office must retain a certified public accountant licensed to practice in the state or a certified public accounting firm that is registered in the state to review and report in writing, and in accordance with professional standards, regarding the accuracy of the financial documents that detail the expenses incurred in the course of the film production activities in Colorado. The certified public accountant's written report must include documentation of the production company's actual expenditures, including its actual qualified local expenditures, and any documentation necessary to show that the production company employed a workforce for the in-state production activities made up of at least fifty percent Colorado residents. When the production company provides a copy of the certified public accountant's written report and the production company certifies in writing to the office that the amount of the production company's actual qualified local expenditures equals or exceeds the applicable minimum total amount of the production company's qualified local expenditures as specified in subsection (3) of this section, the office shall conduct a review of the certified public accountant's written report to ensure the requirements of this section are met. If the office is satisfied that the requirements of this section are met, and the office confirms that the certified public accountant who provided the written report is from the list described in subsection (6)(c)(II)(B) of this section, then the office shall issue to the production company a tax credit certificate that evidences the production company's right to claim the tax credit allowed under subsection (3) of this section. The tax credit certificate must include the taxpayer's name, the taxpayer's social security number or federal employer identification number, the approved tax credit amount, the income tax year for which the tax credit is being allowed, and any other information that the executive director of the department of revenue may require.
(B) If the office determines that a production company has failed to comply
with the requirements of this subsection (6), the office shall notify the production company and may rescind the tax credit reservation. If the office rescinds the tax credit reservation, the production company may submit a new tax credit reservation application pursuant to this subsection (6). When the office rescinds a tax credit reservation in a calendar year, the maximum aggregate amount of all tax credits that the office may reserve in that calendar year set forth in subsection (5)(a) of this section is increased by the amount of the rescinded tax credit reservation.
(II) (A) Any services provided by a certified public accountant to meet the
requirements of this subsection (6)(c) must be performed in Colorado.
(B) The office shall develop a list of certified public accountants that meet
the requirements of this section. Such list must be made available to all production companies and must be posted on the office of economic development's website.
(d) The office shall develop procedures for the administration of this section,
including application guidelines for production companies applying to receive a tax credit reservation.
(7) (a) A production company shall claim the credit allowed under subsection
(3) of this section by including the credit certificate issued to the production company by the office pursuant to subsection (6)(c)(I) of this section with its income tax return for the income tax year for which the certificate was issued. If the amount of the tax credit exceeds the production company's income taxes due on the income of the production company for the income tax year, the excess credit is not carried forward and shall be refunded to the taxpayer.
(b) The office shall, in a sufficiently timely manner to allow the department
to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report of each production company to which the office issued a tax credit certificate for the preceding income tax year that includes the following information:
(I) The production company's name;
(II) The amount of the income tax credit; and
(III) The production company's social security number or the production
company's Colorado account number and federal employer identification number.
(8) The office of economic development and the office shall jointly review
the effectiveness of the credit and report the results of the review to the house of representatives finance committee and the senate finance committee, or their successor committees, no later than July 1, 2028.
(9) This section is repealed, effective December 31, 2034.
Source: L. 2023: Entire section added, (HB 23-1309), ch. 379, p. 2271, � 1,
effective August 7. L. 2024: (2)(i)(VIII), (2)(i)(IX), (3), (5)(a), IP(6)(a), (6)(a)(I), IP(6)(a)(II), (6)(b), (6)(c)(I), (6)(c)(II)(A), (6)(d), (7), and (8) amended, (2)(i)(X) added, and (5)(b) repealed, (HB 24-1358), ch. 260, p. 1722, � 1, effective August 7; (6)(c)(II)(A) amended, (HB 24-1450), ch. 490, p. 3426, � 85, effective August 7.
C.R.S. § 39-22-567
39-22-567. Tax credit for investments in fixed capital assets for a shared quantum facility - tax preference performance statement - legislative declaration - definitions - report - repeal. (1) Tax preference performance statement. In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that:
(a) The general legislative purposes of the tax credit allowed by this section
are:
(I) To induce certain designated behavior by taxpayers; and
(II) To improve industry competitiveness;
(b) The specific legislative purpose of the tax credit allowed by this section
is to induce a qualified applicant to invest in fixed capital assets to create a hub that is a shared quantum facility that accomplishes translational research and incubation, low-volume manufacturing and fabrication and rapid prototyping in a laboratory environment and to provide related services and workforce development to support the development of quantum businesses and the quantum ecosystem in the state; and
(c) The general assembly and the state auditor shall measure the
effectiveness of the credit in achieving the purposes specified in subsections (1)(a) and (1)(b) of this section based on the information reported by the office pursuant to subsection (11) of this section.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Consortium means a group of nonprofit or for-profit entities, or both,
that are jointly making qualifying investments in an eligible project to create and operate a shared quantum facility. A consortium may include one or more members exempt from tax pursuant to section 39-22-112.
(b) Department means the department of revenue.
(c) Eligible project means a capital project undertaken in the state to
create a shared quantum facility for which a qualified applicant makes qualifying investments and that is approved by the office in accordance with the policies, procedures, and guidelines for the implementation and administration of the tax credit allowed by this section adopted by the office pursuant to subsection (12) of this section.
(d) Office means the Colorado office of economic development created in
section 24-48.5-101.
(e) (I) Qualified applicant means a nonprofit or for-profit entity that submits
an application for the reservation and issuance of tax credits to the office pursuant to this section. An applicant may be a consortium as set forth in subsection (4) of this section.
(II) A qualified applicant includes a person that is exempt from taxation
pursuant to section 39-22-112.
(f) (I) Qualifying fixed capital assets means:
(A) Land in this state;
(B) Buildings, fixtures, and other structural components of buildings in this
state for which the qualified applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code, including purchasing or constructing a facility, renovating a facility, making tenant improvements, funding a capital lease, capitalized labor, construction, and installation costs;
(C) Tangible personal property acquired for use exclusively in this state for
which the qualified applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code, including furniture, fixtures and equipment such as outfitting an office, laboratory machines, refrigeration, HVAC systems, piping, measuring, monitoring and instrumentation equipment, fabrication machines, tools and equipment, and any hardware and software developed by third parties necessary for quantum technology applications; and
(D) Computer software acquired for use exclusively in this state for which
the qualified applicant is allowed a deduction for depreciation pursuant to section 167 of the internal revenue code.
(II) Qualifying fixed capital assets is limited to property acquired,
constructed, reconstructed, or erected as part of a coordinated plan to create a shared quantum facility.
(III) For purposes of this subsection (2)(f), if a qualified applicant is not
subject to federal income tax, the qualified applicant is deemed to be allowed a deduction for depreciation if such a deduction would have been allowed were the qualified applicant subject to federal income tax.
(IV) Qualifying fixed capital assets shall be acquired, constructed,
reconstructed, or erected where possible by a certified contractor on a certified contractor list that is obtained from the Colorado department of labor and employment and that contains the information specified in section 40-3.2-105.6 (3)(a).
(g) Qualifying investment means the amount paid by a qualified applicant
to acquire, construct, reconstruct, or erect qualifying fixed capital assets to the extent such amount is required to be capitalized pursuant to the internal revenue code or such amount is allowed to be deducted under section 179 of the internal revenue code. Qualifying investment includes an amount capitalized by a lessee of qualifying fixed capital assets for a lease that is treated as a sale for federal income tax purposes.
(h) Quantum business means a private for-profit trade or business or
nonprofit organization that has quantum technology as a key part of its business model or organizational purpose, including but not limited to manufacturing, testing, production, research and development, or enhancement of hardware or software to perform or use quantum technology as a key input or output of its business model, and companies that produce goods or services that are key inputs for other quantum business.
(i) Shared quantum facility means a primary place in the state where an
applicant performs activities and provides economic benefits related to supporting quantum businesses and the quantum ecosystem.
(3) Credit allowed. (a) Subject to the provisions of subsection (3)(c) of this
section, for income tax years commencing on or after January 1, 2025, but prior to January 1, 2033, a qualified applicant is allowed a credit against the income taxes imposed by this article 22 for placing an eligible project in service in an amount specified on the credit certificate issued by the office pursuant to subsection (7) of this section.
(b) To claim the credit allowed pursuant to this section, the qualified
applicant must submit an application for a tax credit reservation as specified in subsection (5) of this section, place the eligible project in service prior to January 1, 2031, obtain a tax credit certificate from the office as specified in subsection (7) of this section, and, once issued by the office, file the tax credit certificate with the qualified applicant's income tax return as specified in subsection (8) of this section.
(c) The tax credit created in this section is not allowed to any qualified
applicant unless a Colorado-based entity receives a multimillion dollar federal grant from the economic development administration for the regional technology and innovation program or a comparable federal grant program. The office shall notify the department if a grant specified in this subsection (3)(c) is received.
(4) Consortium as qualified applicant - tax matters representative. If a
qualified applicant is a consortium:
(a) The basis of the credit allowed by this section includes the aggregate
qualifying investment by all the members of the consortium as described in subsection (7)(a)(II) of this section.
(b) Whether the applicant performs the activities and provides the economic
benefits related to quantum business is based upon the activities performed by and the benefits provided by all the members of the consortium.
(c) The members of the consortium shall designate one member to be the tax
matters representative. The tax matters representative shall disclose to the office that it is the tax matters representative acting on behalf of the consortium. The tax matters representative shall also disclose to the office the name and taxpayer identification number of each member of the consortium.
(d) The tax matters representative is responsible for representing and
binding the consortium with respect to all issues affecting the credit, including submitting the application for a tax credit reservation, representing the consortium before the office with respect to the application, notifying the office that the eligible project has been placed in service, submitting proof of compliance, submitting ongoing compliance reports, submitting any other report or document required by the office or the department, adjudicating any disputes, and taking any other action required of a qualified applicant by this section. The acts of the tax matters representative are binding upon all members of the consortium.
(e) The office shall issue a tax credit certificate to, and in the name of, the
tax matters representative. The tax matters representative shall file the return and claim the full amount of the tax credit pursuant to subsection (8) of this section. The department shall pay any amount refunded pursuant to subsection (9) of this section to the tax matters representative.
(f) If the credit allowed by this section is recaptured pursuant to subsection
(10) of this section, the tax matters representative shall add the recaptured credit, plus any applicable penalties and interest, to its return. Nevertheless, every member of the consortium is jointly and severally liable for any resulting deficiency.
(5) Application submission and review for tax credit reservation. (a) An
applicant may submit an application for a tax credit reservation to the office on or after January 1, 2024, but no later than December 31, 2025; except that, if the federal government has not announced the grant recipient described in subsection (3)(c) of this section by June 30, 2025, the office may extend the application deadline to no more than six months after an announcement that a Colorado-based entity has received the grant described in subsection (3)(c) of this section. The application shall include a project plan for a shared quantum facility.
(b) The office shall review all submitted applications for a tax credit
reservation to:
(I) Determine whether the applicant is a qualified applicant;
(II) Determine whether the application for a tax credit reservation is
complete and includes a plan to make investments in qualifying fixed capital assets for the creation of a shared quantum facility;
(III) Make a preliminary determination whether the project plan for a shared
quantum facility is for an eligible project based on the policies and procedures developed by the office pursuant to subsection (12) of this section; and
(IV) Determine whether the eligible project is entitled to a tax credit
reservation as specified in subsection (6) of this section.
(c) The office shall make the determinations specified in subsection (5)(b) of
this section within ninety days of the date the office receives the complete application for a tax credit reservation.
(d) If the office determines that an application for a tax credit reservation is
incomplete or that it is unable to make the determination specified in subsection (5)(b) of this section, the office shall notify the applicant in writing of the office's decision and may remove the application for a tax credit reservation from the review process.
(e) As part of the application review process required pursuant to subsection
(5)(b) of this section, the office may request clarifications and modifications to the application.
(f) The office may include performance requirements and criteria that a
qualified applicant is required to satisfy before the office will issue a tax credit reservation pursuant to subsection (6) of this section or a tax credit certificate pursuant to subsection (7) of this section. The office must document in writing any requirements created pursuant to this subsection (5)(f).
(6) Tax credit reservation. (a) Based on the factors specified in subsection
(6)(d) of this section, the office may determine that a qualified applicant is entitled to a tax credit reservation in accordance with the provisions of this section. The office shall issue tax credit reservations subject to the limitations set forth in this subsection (6) and in accordance with the policies and procedures established pursuant to subsection (12) of this section.
(b) If the office reserves a tax credit for the benefit of a qualified applicant,
the office shall notify the qualified applicant in writing of the reservation and the amount reserved. The reservation of a tax credit by the office for a qualified applicant does not entitle the qualified applicant to issuance of a credit certificate until the qualified applicant complies with all the other requirements specified in this section for the issuance of the tax credit. When the office approves a tax credit reservation, the office may also impose additional requirements, which a qualified applicant shall satisfy as part of completing the qualifying investment, before a tax credit certificate is issued to the qualified applicant.
(c) (I) Subject to the limitations in this subsection (6)(c), if approved, the
office may issue a tax credit reservation to a qualified applicant for an eligible project in an amount equal to the qualified applicant's estimated qualifying investment.
(II) The aggregate amount of all fixed asset investment tax credit
reservations that the office may issue pursuant to this section must not exceed forty-four million dollars.
(III) The office may establish policies and procedures to cap the total amount
of any tax credit reservation issued to a qualified applicant pursuant to this subsection (6).
(d) In making the final determination of which project plan to issue tax
reservations to pursuant to this subsection (6), the office may prioritize a project plan that:
(I) Is submitted by a qualified applicant that is a consortium that includes the
following or is submitted by a qualified applicant that is not a consortium and that collaborates with the following:
(A) A nonprofit entity created by institutions of higher education of high
research activity, classified as R1 universities, led by a public R1 university with a demonstrated history of quantum-related research and investment in Colorado; and
(B) A nonprofit entity that has received a substantial federal award for the
purposes of cultivating and expanding a quantum-related ecosystem within Colorado;
(II) Is submitted by a qualified applicant that demonstrates an ability to meet
application requirements designated by the office, including:
(A) The submission of a budget for the project plan that includes the sources
of funding for the project and anticipated uses of the funding;
(B) The submission of an explanation for the ways in which the shared
quantum facility will be used and how it will benefit the quantum industry in this state; and
(C) The submission of a community benefits plan developed by a nonprofit
entity described in subsection (6)(d)(I)(B) of this section, through engagement with the community surrounding the shared quantum facility and labor organizations;
(III) Is submitted by a qualified applicant that:
(A) Demonstrates that the project plan is agreed upon by the entities
described in subsections (6)(d)(I)(A) and (6)(d)(I)(B) of this section;
(B) Demonstrates an intent to equitably and effectively distribute the tax
credits or the refund proceeds of the tax credit;
(C) Demonstrates an intent to leverage the proceeds of the refundable tax
credit pursuant to this section for the purpose of creating and financing a shared quantum facility to accomplish the goals specified in subsection (1)(b) of this section;
(D) Includes a summary of any third-party resources apart from the tax
credits allowed pursuant to this section that will be used to create or finance the shared quantum facility; and
(E) Includes a proposed collaboration plan that outlines the operational and
governance plan for the shared quantum facility;
(IV) Proposes a suitable location for the shared quantum facility; and
(V) Is made by a qualified applicant that is a newly created nonprofit
organization dedicated to the purpose of promoting the quantum ecosystem and its commercial growth.
(e) As part of the tax credit reservation process pursuant to this subsection
(6), the office may request clarifications or modifications to the application submitted pursuant to subsection (5) of this section.
(f) The applicant, at the applicant's own risk, may begin making investments
in qualifying fixed capital assets before a tax credit reservation is awarded to the qualified applicant pursuant to this subsection (6). If a tax credit reservation application is approved for a qualified applicant, investments in qualifying fixed capital assets that the qualified applicant made up to twelve months before the date the tax credit reservation was submitted may be included in the calculation of qualifying fixed capital assets for the purpose of determining the amount of the tax credit certificate issued pursuant to subsection (7) of this section.
(7) Proof of compliance - audit of qualifying investments certification -
issuance of tax credit certificate. (a) (I) After a qualified applicant completes a project or a phase of a project, the qualified applicant shall notify the office that the project or phase of the project has been placed in service and shall certify the types and amount of the qualifying investments and how the investments were used in an eligible project, after which the office shall make a final determination as to whether the project is an eligible project. The applicant shall include a review of the certification by a licensed certified public accountant that is not affiliated with the qualified applicant that aligns with office policies for certification of qualifying investments. The applicant shall also certify and provide documents demonstrating that the applicant satisfied any additional requirements imposed by the office pursuant to subsections (6) and (12) of this section.
(II) Qualifying investment expenditures that are eligible for the tax credit
allowed pursuant to this section may be made by the applicant, members of a consortium, if applicable, or other entities contracted to make the expenditures on behalf of the applicant or members of a consortium as part of a coordinated plan to create the shared quantum facility. The source of money for the qualifying investment expenditures that are eligible for the tax credit can be from any source of money that the applicant or members of a consortium or other entities have available for making the investments.
(III) Within ninety days after receipt of the complete documentation required
in subsection (7)(a)(I) of this section from the qualified applicant, the office shall review the qualified applicant's documentation of certified qualifying investments, determine whether the documentation satisfies the project plan and other requirements, and, if the office determines that the documentation satisfies the project plan and other requirements, the office shall issue a tax credit certificate for the lesser of the amount specified in the tax credit reservation issued to the qualified applicant pursuant to subsection (6) of this section or the amount of the qualifying investment.
(b) If there are any unreserved amounts of tax credits available under
subsection (6) of this section, and if the amount of certified qualifying investments incurred by the qualified applicant would have resulted in the qualified applicant being issued a tax credit certificate that exceeds the amount of the tax credit reservation issued to the qualified applicant, the qualified applicant may apply to the office for the issuance of an additional tax credit certificate in an amount equal to the difference between the amount that would have been issued as a result of the certified qualifying investments if that amount was not limited to the amount of the tax credit reservation pursuant to subsection (7)(a)(III) of this section and the amount of the tax credit reservation by submitting an application in a form and manner determined by the office. The office shall review the application as specified in subsection (5) of this section and, if approved, shall issue a separate tax credit certificate awarding the qualified applicant the additional credit.
(c) The first application for tax credit issuance may include qualifying
investments for the entire eligible project or just the initial phase and must be submitted by the qualified applicant no later than December 31, 2028.
(d) A qualified applicant may submit additional applications for tax credit
issuance pursuant to this subsection (7) as the qualified applicant completes additional phases of the project that are placed in service. The qualified applicant may submit such applications through December 31, 2030, and up to the amount of tax credits reserved by the applicant.
(8) Filing tax credit certificate with income tax return. (a) To claim the
credit authorized by this section, a qualified applicant shall file the tax credit certificate issued by the office pursuant to subsection (7) of this section with the qualified applicant's state income tax return. If the qualified applicant is exempt from tax pursuant to section 39-22-112 (1), the qualified applicant shall file a return pursuant to section 39-22-601 (7)(b). The amount of the tax credit that a qualified applicant may claim pursuant to this section is the amount stated on the tax credit certificate.
(b) A qualified applicant may not use a tax credit certificate issued pursuant
to this subsection (8) before the income tax year that begins on or after January 1, 2026, but must use the tax credit certificate before the last income tax year that commences before January 1, 2033.
(c) A tax credit certificate issued to a partnership, a limited liability company
taxed as a partnership, or multiple owners of a property must be passed through to the partners, members, or owners, including any nonprofit entity that is a partner, member, or owner, respectively, on a pro rata basis or pursuant to an executed agreement among the partners, members, or owners documenting an alternate distribution method.
(9) Refundability. (a) Except as otherwise provided in subsection (9)(b) of
this section, not more than the aggregate of twenty-four million dollars of credits to be issued to all qualified applicants pursuant to this section may be claimed by the qualified applicants in the taxable year in which the eligible project is placed in service. If the qualified applicants are issued more than an aggregate of twenty-four million dollars in credits pursuant to this section, not more than twenty million dollars of the total amount of credits to be issued may be claimed in any single future taxable year; except that credits may not be claimed for any income tax year that begins on or after January 1, 2033.
(b) If the amount of the credit allowed to be claimed in the applicable
taxable year pursuant to this section exceeds the amount of income taxes otherwise due on the income of the qualified applicant in the income tax year for which the credit is being claimed, or the qualified applicant is a person who is exempt from taxation pursuant to section 39-22-112 (1), one hundred percent of the amount of the credit that is allowed to be claimed for the applicable tax year that is not used as an offset against income taxes in the income tax year is refunded to the qualified applicant.
(10) Compliance monitoring and recapture. (a) Except as provided in
subsection (10)(b) of this section, if, during the compliance period, the qualified applicant sells, transfers, abandons, or repurposes a substantial portion of the qualifying fixed capital assets for which the qualified applicant was allowed a credit pursuant to this section, or otherwise ceases to operate the shared quantum facility in this state, the office shall notify the qualified applicant and the department that the credit allowed in this section is disallowed. The qualified applicant shall add the full amount of the credit that was actually used to offset the qualified applicant's income tax or refunded to the qualified applicant to its return as a recaptured credit for the taxable year in which the credit is disallowed pursuant to this subsection (10).
(b) The potential increase in tax required pursuant to subsection (10)(a) of
this section does not apply if:
(I) All or part of the shared quantum facility experiences a casualty loss and
if the qualifying fixed capital assets lost are restored within a reasonable period established by the office;
(II) Solely by reason of the disposition of land, a building, a structure, or a
facility, or an interest therein, the shared quantum facility is relocated within this state to a property approved by the office; or
(III) A qualifying fixed capital asset is replaced or upgraded in the normal
course of its use.
(c) (I) The office shall establish reporting requirements to monitor
compliance with this subsection (10), including requirements regarding the reporting of a disposition of a building, structure, or facility by the qualified applicant.
(II) If a dispute arises about whether a building, structure, or facility is a
shared quantum facility, the office shall adjudicate the dispute and notify the department of the resolution.
(III) Notwithstanding section 39-21-107 (2), if a building, structure, or facility,
or an interest therein, is disposed of during any taxable year during the compliance period, and thereafter the building, structure, or facility or any replacement for the building, structure, or facility is not a shared quantum facility, then:
(A) The qualified applicant shall add the full amount of the credit to its
return as a recaptured credit for the taxable year in which the credit is disallowed pursuant to this subsection (10) notwithstanding the disposition of the building, structure, or facility;
(B) The statutory period for the assessment of any deficiency with respect to
the disallowed credit must not expire before the expiration of three years from the date the office is notified, in such a manner as the office determines, that the project is not an eligible project; and
(C) The department shall assess any deficiency before the expiration of such
three-year period together with any applicable interest and penalty imposed pursuant to this article 22.
(d) As used in this subsection (10), unless the context otherwise requires,
compliance period means the period of fifteen years following the taxable year in which the qualified applicant placed the eligible project or the initial phase of the eligible project in service.
(11) Reporting. (a) No later than December 31, 2027, and, notwithstanding
the requirement in section 24-1-136 (11)(a)(I), no later than December 31 of each two years thereafter through 2033, the office shall provide a written report to the general assembly and shall further make the report available to the public. In connection with tax credits issued pursuant to this section, the report must include:
(I) A description of each eligible project placed in service;
(II) A description of the use or uses of the eligible project;
(III) The number and quality of jobs supported in the quantum industry as a
result of the eligible project;
(IV) The number of quantum businesses that have been supported through
the eligible project;
(V) An overview of the types of intellectual property that have been
advanced through the eligible project; and
(VI) The amount of federal money that has been awarded to the eligible
facility.
(b) The office shall, in a sufficiently timely manner to allow the department
to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report of each qualified applicant to which the office issues a tax credit certificate for the preceding tax year that includes the following information:
(I) The qualified applicant's name;
(II) The amount of the credit; and
(III) The qualified applicant's social security number or the qualified
applicant's Colorado account number and federal employer identification number.
(12) Policies and procedures. (a) The office may create and modify policies,
procedures, and guidelines as necessary to further implement the tax credits to be claimed for the completion of eligible projects pursuant to this section and shall solicit advice from the department and quantum industry participants in creating and modifying such policies, procedures, and guidelines.
(b) With respect to making the preliminary determination as to whether a
project plan is a plan for an eligible project pursuant to subsection (5)(b)(III) of this section, the office shall develop standards that include, but are not limited to:
(I) Performance standards and guidelines for a shared quantum facility;
(II) A detailed cost estimate for the project plan;
(III) Evidence of site control of the site where the project will occur; and
(IV) The financing or funding that is available for the project plan.
(c) With respect to making the preliminary determination as to whether a
project plan is a plan for an eligible project pursuant to subsection (5)(b)(III) of this section, the office shall consider job quality standards and guidelines for the shared quantum facility that adhere to the Good Jobs Principles established by the United States department of labor and United States department of commerce.
(13) Repeal. This section is repealed, effective December 31, 2050.
Source: L. 2024: Entire section added, (HB 24-1325), ch. 273, p. 1782, � 2,
effective May 28.
Cross references: For the legislative declaration in HB 24-1325, see section 1
of chapter 273, Session Laws of Colorado 2024.
C.R.S. § 39-22-571
39-22-571. Film festival incentive tax credit - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly finds and declares that:
(I) Colorado's film festival industry has the ability to be a true economic
driver in the state; and
(II) By providing a tax incentive to big film festivals to relocate to Colorado, a
single big festival could bring over twenty thousand out of state visitors, leading to a boost in local economies, an increase in sales and use tax revenue, and job creation.
(b) In accordance with section 39-21-304 (1), which requires each bill that
creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credits provided for in this section is to induce designated behavior by taxpayers and to provide a reduction in income tax liability for certain businesses or individuals by allowing film festival organizers to receive a credit against income tax or an income tax refund for qualified expenditures if certain criteria are met. Specifically, these tax expenditures are intended to incentivize film festival organizers to relocate to Colorado and, in particular, for big film festivals to boost local economies, increase sales and use tax revenue, and create new jobs.
(c) The general assembly and the state auditor shall measure the
effectiveness of the tax credit in achieving the purposes specified in subsection (1)(b) of this section based on the amount of qualified expenditures made in Colorado, the number of visitors attending film festivals in the state, and the amount of state and local sales and use tax collected that can be attributed to such film festivals.
(2) As used in this section, unless the context otherwise requires:
(a) Existing or small Colorado film festival entity means a film festival
entity that is not a global film festival entity. An existing or small Colorado film festival entity may be an entity that provides video, television, new media, or content creation exhibition.
(b) Global film festival entity means a film festival entity that:
(I) Is either a tax-exempt entity under section 501 (c)(3) of the internal
revenue code or a for-profit entity; and
(II) Has a multi-decade operating history and a verifiable annual track record
of attracting one hundred thousand or more in-person ticket sales and tens of thousands of out-of-state and international attendees for the film festival.
(c) Office means the Colorado office of economic development created in
section 24-48.5-101 (1).
(d) Qualified expenditure means a payment made by a global film festival
entity or an existing or small Colorado film festival entity operating in Colorado in connection with the film festival taking place in Colorado. Qualified expenditures for an existing or small Colorado film festival are limited to those incurred in Colorado in accordance with policies and procedures determined by the office. Qualified expenditure includes, but is not limited to:
(I) Salaries and benefits of employees of the entity that operates the festival;
(II) Costs associated with contractors that facilitate the operation of the
festival;
(III) Costs associated with the rental of films, equipment, storage, venues,
and office or other space to operate the festival;
(IV) Costs associated with rental expenses or building operation expenses of
the entity that operates the festival;
(V) Travel expenses for individuals associated with the entity that operates
the festival, including travel expenses for contractors and talent;
(VI) Any other costs incurred by the entity associated with insurance, tickets,
marketing, and other related film programming events;
(VII) Capital costs to operate the film festival in Colorado; and
(VIII) Depreciable investments in real or business personal property in
Colorado that are needed to operate the film festival.
(3) (a) Subject to subsection (3)(e) of this section, for tax years commencing
on or after January 1, 2027, but before January 1, 2037, there is allowed a credit with respect to income taxes imposed pursuant to this article 22 to any global film festival entity or existing or small Colorado film festival entity that receives a tax credit certificate pursuant to this section in the amount of the tax credit certificate.
(b) The office may reserve a tax credit for the benefit of any global film
festival entity pursuant to subsection (6) of this section subject to the following limits:
(I) For calendar years commencing on or after January 1, 2027, but before
January 1, 2029, the aggregate amount of tax credit that may be reserved is four million dollars per year;
(II) For the calendar year commencing on January 1, 2029, the aggregate
amount of tax credit that may be reserved is five million dollars; and
(III) For calendar years commencing on or after January 1, 2030, but before
January 1, 2037, the aggregate amount of tax credit that may be reserved is three million dollars per year.
(c) Subject to subsection (3)(e) of this section, the office may reserve a tax
credit for the benefit of any existing or small Colorado film festival entity pursuant to subsection (7) of this section. For calendar years commencing on or after January 1, 2027, but before January 1, 2037, the aggregate amount of tax credit that may be reserved pursuant to this subsection (3)(c) is five hundred thousand dollars per year.
(d) The tax credit allowed pursuant to this section shall be administered by
the office jointly with the Colorado office of film, television, and media and the division of business funding and incentives, or their successor divisions or offices.
(e) The tax credit created in this section is not allowed to any qualified
applicant unless at least one qualified global film festival entity commences the relocation of the festival to Colorado by January 1, 2026. The office shall determine if the relocation requirement of this subsection (3)(e) is satisfied and notify the department.
(4) (a) Subject to the program policies and procedures established by the
office, a global film festival entity or an existing or small Colorado film festival entity may be allowed a tax credit for each tax year in which the global film festival entity or existing or small Colorado film festival entity hosts a film festival in Colorado. A global film festival entity or an existing or small Colorado film festival entity may be allowed an additional tax credit in the subsequent tax year with respect to any qualified expenditures incurred in that year.
(b) For purposes of this section, when determining the amount of tax credit
for which a global film festival entity or existing or small Colorado film festival entity is eligible, any qualified expenditure that occurred in the eleven months prior to the commencement of a tax year in which the film festival entity hosted a film festival in Colorado may be added to the qualified expenditures that occurred during the tax year in which the film festival entity hosted a film festival in Colorado.
(c) Only one credit is allowed in accordance with this section with respect to
a qualified expenditure.
(5) (a) The office shall develop and publish program policies and procedures
for the administration of this section, including application guidelines for a global film festival entity and for an existing or small Colorado film festival entity applying to receive a tax credit reservation or issuance under this section. The office may include guardrails or requirements that the applicant must satisfy before a tax credit reservation or issuance occurs.
(b) When determining the priority and amount of a reservation of a tax credit
for an existing or small Colorado film festival entity, if there are more requests for tax credit reservations than there are reservations available, the office must provide priority to existing or small Colorado film festival entities according to a competitive evaluation. The office shall evaluate applications based on the following criteria and shall prioritize applications from an entity that:
(I) Faces a substantial market or environmental change that demonstratively
impacts the ongoing viability of the entity and is outside of the entity's control;
(II) Demonstrates historic community and economic impact, with special
consideration being given to an entity that has run a festival for more than ten years;
(III) Demonstrates innovation and uniqueness;
(IV) Increases geographic equity; or
(V) Demonstrates community support through letters of recommendation
including, but not limited to, letters that include demonstrations of historic and economic impact from:
(A) A local elected official, such as a mayor; or
(B) A local governing body, such as a city council or board of county
commissioners.
(6) (a) For a global film festival entity to claim a tax credit pursuant to
subsection (3) of this section, the global film festival entity must apply to the office for the reservation of a tax credit at a time and in a manner determined in the program policies and procedures. A global film festival entity may request reservations of tax credits in an amount up to thirty-four million dollars in accordance with subsection (3) of this section. The application must include a statement of intent by the global film festival entity to organize a festival in Colorado. The global film festival entity must submit, in conjunction with the application, any documentation necessary to demonstrate that it meets the definition of a global film festival entity, as defined in subsection (2)(a) of this section, and any other information required by the office. If the office is making a multi-year tax credit reservation, it shall document the multi-year tax credit reservation in a written tax credit agreement.
(b) The office shall review each tax credit reservation application submitted
by a global film festival entity and, based on the information provided in the application, the office shall make a determination of whether the global film festival entity will receive a tax credit reservation and the amount of that reservation. The office must establish and provide written notice to the global film festival entity of the minimum festival operating requirements as part of the reservation process for the global film festival entity to receive a tax credit, which may include, but are not limited to, the number of films required to be screened, the marketing budget, the length of the festival in days, the location of the festival, the time during the year when the festival is required to take place, and other guardrails as determined by the office.
(c) Upon completion of the qualified expenditures, a global film festival
entity that received a tax credit reservation from the office must retain a certified public accountant licenced to practice in the state or a certified public accounting firm that is registered in the state to review and report in writing, and in accordance with professional standards, regarding the accuracy of the financial documents that detail the expenses incurred in the course of the organization of the film festival in Colorado. The certified public accountant's written report must include documentation of the global film festival entity's qualified expenditures. This report must also show which qualified expenditures occurred within Colorado and which occurred outside Colorado according to standards developed by the office.
(d) A global film festival entity shall apply to the office for tax credit
issuance in accordance with the program policies and procedures.
(e) When the office is satisfied that the global film festival entity is eligible
for a refundable tax credit, the office shall issue to the global film festival entity a tax credit certificate that evidences the global film festival entity's right to claim the tax credit allowed under subsection (3) of this section. The amount of the tax credit is the lesser of the qualified expenditures calculated pursuant to subsection (4) of this section or the amount of the tax credit reserved pursuant to subsection (6)(b) of this section. The tax credit certificate must include the taxpayer's name, the taxpayer's social security number or federal employer identification number, the approved tax credit amount, and the income tax year for which the tax credit is being allowed.
(7) (a) An existing or small Colorado film festival entity may apply to the
office for the reservation of a tax credit at a time and in a manner determined by the office and published in the program policies and procedures. An existing or small Colorado film festival entity may request a reservation of a tax credit for up to five hundred thousand dollars or another maximum amount as determined by the office. The application must include a statement of intent by the existing or small Colorado film festival entity to organize a festival in Colorado.
(b) The office shall review each application for a tax credit reservation
submitted by an existing or small Colorado film festival entity and, based on the information provided in the application, the office shall make a determination of whether the existing or small Colorado film festival entity will be eligible to receive a tax credit and the amount of the tax credit reservation that will be granted to the existing or small Colorado film festival entity. The office shall inform the existing or small Colorado film festival entity in writing as to whether it has approved or denied the application for a tax credit reservation, the amount of the reservation if approved, and the years of the reservation. If the office is making a multi-year tax credit reservation, it shall document the multi-year tax credit reservation in a written conditional agreement. The office may establish and provide written notice to the existing or small Colorado film festival entity of the minimum festival operating requirements as part of the reservation process for the existing or small Colorado film festival entity to receive a tax credit which may include, but are not limited to, the number of films required to be screened, the marketing budget, the length of the festival in days, the location of the festival, the time during the year when the festival is required to take place, and any other guardrails as determined by the office.
(c) Upon completion of the qualified expenditures, an existing or small
Colorado film festival entity that received approval for a tax credit reservation from the office must retain a certified public accountant licenced to practice in the state or a certified public accounting firm that is registered in the state to review and report in writing, and in accordance with professional standards, regarding the accuracy of the financial documents that detail the expenses incurred in the course of the organization of the film festival in Colorado. The certified public accountant's written report must include documentation of the existing or small Colorado film festival entity's qualified expenditures. This report must also show which qualified expenditures occurred within Colorado according to standards developed by the office.
(d) The existing or small Colorado film festival entity shall apply to the office
for tax credit issuance in accordance with the program policies and procedures.
(e) When the office is satisfied that an existing or small Colorado film
festival entity is eligible for a tax credit, the office shall issue to the existing or small Colorado film festival entity a refundable tax credit certificate that evidences the existing or small Colorado film festival entity's right to claim the tax credit allowed under subsection (3) of this section. The amount of the tax credit is the lesser of the qualified expenditures calculated pursuant to subsection (4) of this section or the amount of the tax credit reserved pursuant to subsection (7)(b) of this section. The tax credit certificate must include the taxpayer's name, the taxpayer's social security number or federal employer identification number, the approved tax credit amount, and the calendar year for which the tax credit is being allowed.
(8) If a credit authorized by this section exceeds the income tax due on the
income of the qualified global film festival entity or existing or small Colorado film festival entity, or the entity is a tax-exempt entity under section 501 (c)(3) of the internal revenue code that does not pay Colorado state income taxes, the excess tax credit may not be carried forward and one hundred percent of the unclaimed value of the tax credit shall be refunded by the department to the film festival entity. A tax-exempt entity shall file a return pursuant to section 39-22-601 (7)(b).
(9) This section is repealed, effective December 31, 2041.
Source: L. 2025: Entire section added, (HB 25-1005), ch. 62, p. 255, � 2,
effective August 6.
PART 6
PROCEDURE AND ADMINISTRATION
SUBPART 1
GENERAL
C.R.S. § 39-26-105
39-26-105. Vendor liable for tax - definitions - repeal. (1) (a) (I) (A) Except as provided in subsections (1)(a)(I)(B), (1.3), and (1.5) of this section, every retailer shall be liable and responsible for the payment of an amount equivalent to the tax imposed by section 39-26-106 (1).
(B) A retailer who has received in good faith from a qualified purchaser a
direct payment permit number issued pursuant to section 39-26-103.5 shall not be liable or responsible for the collection and remittance of the tax imposed by this article on any sale made to the qualified purchaser that is paid for directly from such qualified purchaser's funds and not the personal funds of any individual.
(II) Repealed.
(b) Every retailer shall, before the twentieth day of each month, make a
return to the executive director of the department of revenue for the preceding calendar month. The executive director shall determine what information the returns must contain, how the returns must be made, and the type of forms that must be used.
(c) (I) Every retailer shall remit, along with the return required in subsection
(1)(b) of this section, an amount equivalent to the percentage on sales as specified in subsection (1)(a)(I) of this section to the executive director of the department of revenue, less an amount as set forth in subsection (1)(d) of this section to cover the retailer's expense in the collection and remittance of said tax.
(II) (Deleted by amendment, L. 2025, First Extraordinary Session.)
(III) If any retailer is delinquent in remitting said tax, other than in unusual
circumstances shown to the satisfaction of the executive director of the department of revenue, the retailer shall not be allowed to retain any amounts under subsection (1)(d) of this section to cover such retailer's expense in collecting and remitting said tax, and an amount equivalent to the said percentage, plus the amount of any local vendor expense that may be allowed by the local government to the vendor, shall be remitted to the executive director by any such delinquent vendor. Any local vendor expense remitted to the executive director shall be deposited to the state general fund.
(d) (I) (A) For sales made on or after January 1, 2020, but before January 1,
2026, the amount retained by a retailer to cover the retailer's expense in collecting and remitting tax in accordance with this section is four percent of the tax reported; except that a retailer shall not retain more than one thousand dollars in any filing period.
(B) (Deleted by amendment, L. 2025, First Extraordinary Session.)
(II) A retailer with multiple locations is treated as a single retailer for
purposes of this subsection (1)(d) and is required to register all locations under one account with the department of revenue.
(III) Repealed.
(IV) Beginning January 1, 2022, a retailer is not permitted to retain any money
to cover the retailer's expenses in collecting and remitting tax in accordance with this section for any filing period that the retailer's total taxable sales were greater than one million dollars.
(V) Beginning January 1, 2026, a retailer is not permitted to retain any money
to cover the retailer's expenses in collecting and remitting state tax in accordance with this section regardless of the retailer's total taxable sales for any filing period.
(1.3) (a) As used in this subsection (1.3), unless the context otherwise
requires:
(I) Alcoholic beverages drinking places industry means establishments
that may make sandwiches or light snacks available for consumption, that are open to the public, and are known as bars, taverns, sales rooms, vintner's restaurants, brew pubs, distillery pubs, nightclubs, or drinking places primarily engaged in preparing and serving alcoholic beverages for immediate, on-premise consumption. Alcoholic beverages drinking places industry does not mean breweries, distilleries, wineries, and retail liquor, or drug stores that offer tastings.
(I.3) Catering industry means establishments, not including the mobile food
services industry or the food services contractor industry, that are primarily engaged in providing single event-based food services for events such as graduation parties, wedding receptions, business or retirement luncheons, or trade shows and that have equipment and vehicles to transport meals and snacks to events or to prepare food at an off-premise site. Catering industry includes banquet halls with catering staff.
(I.5) Food services contractor industry means establishments, not including
the catering industry, that are primarily engaged in providing food services, for the convenience of the contracting organization or the contracting organization's customers, at institutional, governmental, commercial, or industrial locations of others, based on contractual arrangements with these types of organizations for a specified period of time, such as airline food service contractors; food concession contractors at sporting, entertainment, or convention facilities; or cafeteria food services contractors at schools, hospitals, or government offices.
(I.7) Hotel-operated restaurant, bar, or catering service means a restaurant
or other eating places industry establishment or an alcoholic beverages drinking places industry establishment located on the premises of an establishment primarily engaged in providing short-term lodging facilities and known as a hotel, motor hotel, resort hotel, motel, bed-and-breakfast inn, tourist home, guest house, youth hostel, or housekeeping cabin, including a hotel facility with a casino on the premises. Hotel-operated restaurant, bar, or catering service includes the sale of single event-based food services described in subsection (1.3)(a)(I.3) of this section on the premises of the establishment. Hotel-operated restaurant, bar, or catering service does not include sales of rooms or accommodations, gifts and sundries, recreational services, conference rooms, convention services, laundry services, parking, and other services.
(II) Mobile food services industry means retailers primarily engaged in
preparing and serving meals, snacks, or nonalcoholic beverages for immediate consumption from motorized vehicles or nonmotorized carts. Mobile food services industry does not mean retailers delivering food prepared only by third parties and does not mean retailers shipping meal kits, heat-at-home meals, or other unprepared food to consumers for home consumption.
(III) (A) Qualifying retailer means, for each month specified in subsection
(1.3)(a)(V)(A) of this section, a retailer doing business in the state that timely files sales tax returns as required under subsection (1)(b) of this section and section 39-26-109, and that operates in the alcoholic beverages drinking places industry, the restaurant and other eating places industry, or the mobile food services industry.
(B) Qualifying retailer means, for each month specified in subsection
(1.3)(a)(V)(B) of this section, a retailer doing business in the state that timely files sales tax returns as required under subsection (1)(b) of this section and section 39-26-109, and that operates in the alcoholic beverages drinking places industry, the catering industry, the food services contractor industry, the restaurant and other eating places industry, or the mobile food services industry, or that operates a hotel-operated restaurant, bar, or catering service.
(C) Qualifying retailer means, for the specified sales tax period in
subsection (1.3)(a)(V)(C) of this section, a retailer doing business in the state that timely files sales tax returns as required under subsection (1)(b) of this section and section 39-26-109 and that operates in the alcoholic beverages drinking places industry, the catering industry, the food services contractor industry, the restaurant and other eating places industry, or the mobile food services industry, or that operates a hotel-operated restaurant, bar, or catering service.
(IV) Restaurant and other eating places industry means establishments,
not including establishments selling food from mobile vehicles, establishments presenting live theatrical productions and other entertainment facilities, hotels or bed and breakfast establishments, specialty food stores, vending machines, caterers or other food service contractors, or private cafeterias at workplaces, universities, or hospitals, that are open to the public, are known as restaurants, cafes, lunch counters, and carryout shops, and are primarily engaged in one of the following:
(A) Providing prepared food services at a fixed, physical premises to patrons
who order and are served while seated, and who pay after eating;
(B) Providing prepared food services at a fixed, physical premises to patrons
who generally order or select items and who pay before eating; or
(C) Preparing or serving specialty snacks or nonalcoholic beverages at a
fixed, physical premises to patrons who pay before eating for consumption on or near the premises.
(V) (A) After December 7, 2020, but before June 14, 2021, specified sales tax
period means sales made in November 2020, December 2020, January 2021, and February 2021, for which monthly returns must be filed pursuant to subsection (1)(b) of this section, on December 21, 2020, January 20, 2021, February 22, 2021, and March 22, 2021, respectively.
(B) On and after June 14, 2021, but before June 3, 2022, specified sales tax
period means sales made in June 2021, July 2021, and August 2021, for which monthly returns must be filed pursuant to subsection (1)(b) of this section, on July 20, 2021, August 20, 2021, and September 20, 2021, respectively.
(C) On and after June 3, 2022, specified sales tax period means sales made
in July 2022, August 2022, and September 2022, for which monthly returns must be filed pursuant to subsection (1)(b) of this section, on August 20, 2022, September 20, 2022, and October 20, 2022, respectively.
(VI) State net taxable sales means all sales made by the qualifying retailer
during the specified sales tax period of tangible personal property, commodities, and services as specified in section 39-26-104, less any deductions and exemptions authorized in this article 26, without regard to the deduction authorized in this subsection (1.3).
(b) (I) A qualifying retailer in the alcoholic beverages drinking places
industry, in the restaurant and other eating places industry, in the food services contractor industry, or operating a hotel-operated restaurant, bar, or catering service may deduct from state net taxable sales the lesser of state net taxable sales or seventy thousand dollars and retain the resulting sales tax collected for each month specified in subsection (1.3)(a)(V) of this section.
(II) For each month specified in subsection (1.3)(a)(V) of this section, one
deduction described in subsection (1.3)(b)(I) of this section is allowed per month for each of up to five fixed physical premises that are properly licensed under section 39-26-103 (2)(a), to a qualifying retailer in the alcoholic beverages drinking places industry, in the restaurant and other eating places industry, in the food services contractor industry, or operating a hotel-operated restaurant, bar, or catering service. No deduction is allowed for:
(A) Nonphysical sites that are established for purposes of reporting sales
delivered into a taxing area; or
(B) Any temporary place of business or special event.
(c) A qualifying retailer in the mobile food services industry may deduct from
state net taxable sales the lesser of aggregate state net taxable sales for all sites or seventy thousand dollars per motorized vehicle or nonmotorized cart, not to exceed five motorized vehicles or nonmotorized carts, and retain the resulting state sales tax collected for each month specified in subsection (1.3)(a)(V)(A) of this section.
(c.5) A qualifying retailer in the catering industry may deduct from state net
taxable sales the lesser of aggregate state net taxable sales for all events or seventy thousand dollars, and retain the resulting state sales tax collected for each month specified in subsection (1.3)(a)(V) of this section.
(d) If a qualifying retailer is in both the restaurant and other eating places
industry and the mobile food services industry, the qualifying retailer may claim the deduction for no more than five physical sites and for no more than five motorized vehicles and nonmotorized carts.
(e) The qualifying retailer must continue to hold state sales taxes in excess
of the amount retained in trust until paid to the department of revenue as specified in section 39-26-118.
(f) The deduction and sales tax retention allowed in this subsection (1.3)
applies to state net taxable sales only. Qualifying retailers may not retain payment of city, county, or special district sales taxes collected by the department of revenue. Nothing in this subsection (1.3) prevents any local government from rebating sales taxes collected by qualifying retailers pursuant to a local ordinance.
(f.5) To the extent information is available and without changing the sales
tax return form, the department of revenue shall include a report to its committee of reference at a hearing held in January 2022 pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act specifying:
(I) The sales tax revenue the state did not collect as a result of the deduction
allowed in this subsection (1.3); and
(II) How many retailers elected to take advantage of the deduction allowed
in this subsection (1.3).
(f.7) To the extent that information is available and without changing the
sales tax return form, the department of revenue shall include a report to its committee of reference at a hearing held in January 2023 pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act specifying:
(I) The amount of sales tax revenue that the state did not collect in 2022 as a
result of the deduction allowed in this subsection (1.3); and
(II) How many retailers elected to take advantage of the deduction allowed
in this subsection (1.3) in 2022.
(g) This subsection (1.3) is repealed, effective December 31, 2026.
(1.5) (a) With respect to sales of tangible personal property, commodities, or
services made by marketplace sellers in or through a marketplace facilitator's marketplace, a marketplace facilitator has all of the liabilities, obligations, and rights of a retailer or vendor under subsection (1) of this section and this article 26 whether or not the marketplace seller, because the marketplace seller is a multichannel seller:
(I) Has or is required to have a license under section 39-26-103; or
(II) Would have been required to collect and remit tax under this article 26
had the sale not been made in or through the marketplace.
(b) The liabilities, obligations, and rights set forth in subsection (1.5)(a) of this
section are in addition to any requirements the marketplace facilitator has under subsection (1) of this section if it also offers for sale tangible personal property, commodities, or services through other means.
(c) Except as provided in subsection (3)(b) of this section, a marketplace
seller, with respect to sales of tangible personal property, commodities, or services made in or through a marketplace facilitator's marketplace, does not have the liabilities, obligations, or rights of a retailer or vendor under subsection (1) of this section and this article 26 if the marketplace seller can show that such sale was facilitated by a marketplace facilitator:
(I) With whom the marketplace seller has a contract that explicitly provides
that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this article 26; or
(II) From whom the marketplace seller requested and received in good faith a
certification that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to tax under this article 26 made in or through the marketplace facilitator's marketplace.
(2) The executive director of the department of revenue may extend the time
for making a return and paying the taxes due under such reasonable rules as the executive director may prescribe, but no such extension shall be for a greater period than is provided for in section 39-26-109.
(3) (a) Except as provided in subsection (3)(b) of this section, the burden of
proving that any retailer is exempt from collecting the tax on any goods sold and paying the same to the executive director of the department of revenue, or from making such returns, shall be on the retailer under such reasonable requirements of proof as the executive director may prescribe.
(b) (I) If a marketplace facilitator demonstrates to the satisfaction of the
executive director of the department of revenue that the marketplace facilitator made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller and that the failure to collect tax on any tangible personal property, commodities, or services sold was due to incorrect information provided to the marketplace facilitator by the marketplace seller, then the marketplace facilitator, but not the marketplace seller, is relieved of liability under this section for the amount of the tax the marketplace facilitator failed to collect, plus applicable penalties and interest.
(II) If a marketplace facilitator is relieved of liability under subsection (3)(b)(I)
of this section, the marketplace seller is liable under this section for the amount of tax the marketplace facilitator failed to collect, plus applicable penalties and interest.
(III) This subsection (3)(b) does not apply to any sale by a marketplace
facilitator that is not facilitated on behalf of a marketplace seller or that is facilitated on behalf of a marketplace seller who is an affiliate of the marketplace facilitator.
(4) Every retailer conducting a business in which the transaction between
the retailer and the consumer consists of the supplying of tangible personal property and services in connection with the maintenance or servicing of the same shall be required to pay the taxes levied under this article upon the full contract price, unless application is made to the executive director of the department of revenue for permission to use a percentage basis of reporting the tangible personal property sold and the services supplied under such contract. The executive director is authorized to determine the percentage based upon the ratio of the tangible personal property included in the consideration as it bears to the total of the consideration paid under said combination contract or sale that is subject to the sales tax levied under the provisions of this part 1. This section shall not be construed to include items upon which the sales tax is imposed on the full purchase price as designated in section 39-26-102 (12).
(5) (a) A qualified purchaser may provide a direct payment permit number to
a retailer that is liable and responsible for collecting and remitting the tax imposed by this article on any sale made to the qualified purchaser. A qualified purchaser holding a direct payment permit number shall, before the twentieth day of each month subsequent to the month in which any sale to the qualified purchaser was made for which the qualified purchaser's direct payment permit number was used, make a return and remit directly to the executive director of the department of revenue the amount of such tax owing on all such sales to the qualified purchaser made in the preceding month. Such returns of the qualified purchaser or duly authorized agent shall contain such information and be made in such manner and upon such forms as the executive director shall prescribe.
(b) Repealed.
(c) From the amount of the tax required to be remitted pursuant to
subsection (5)(a) of this section, a qualified purchaser shall be entitled to retain the amount specified in subsection (1)(d) of this section that a retailer would otherwise be entitled to retain to cover the retailer's expense in collecting and remitting the tax imposed by this article 26 if the qualified purchaser had not provided a direct payment permit number to the retailer.
Source: L. 35: p. 1006, � 5. CSA: C. 144, � 5. L. 37: p. 1082, � 1. L. 45: p. 578, �
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CRS 53: � 138-6-5. C.R.S. 1963: � 138-5-5. L. 64: p. 817, � 3. L. 65: p. 1122, � 1. L. 67: p. 523, � 1. L. 70: p. 395, � 1. L. 76: (1)(a) amended, p. 785, � 1, effective April 6. L. 89: (1)(a) amended, p. 1502, � 8, effective July 1, 1990. L. 99: (1) amended and (3) added, p. 12, � 3, effective January 1, 2000. L. 2000: (1)(a) amended and (1)(e) added, p.1431, � 2, effective May 31. L. 2001: (1)(a) amended, p. 1280, � 56, effective June 5. L. 2003: (1)(a) and (1)(e) amended, p. 2635, � 1, effective June 5. L. 2009: (1)(f) added, (SB 09-212), ch. 3, p. 6, � 1, effective February 26; (1)(f)(I) amended, (SB 09-275), ch. 273, p. 1234, � 1, effective May 18. L. 2010: (1)(a) amended and (1)(e) repealed, (SB 10-212), ch. 412, pp. 2035, 2032, �� 10, 1, effective July 1. L. 2011: (1)(g) added, (SB 11-223), ch. 154, p. 534, � 1, effective May 5. L. 2013: (1)(g)(I) amended, (HB 13-1295), ch. 314, p. 1651, � 6, effective May 28; entire section R&RE, (HB 13-1295), ch. 314, p. 1649, � 5, effective July 1, 2014. L. 2019: (1)(a)(I)(A), (1)(b), (1)(c)(I), (1)(c)(II), and (3) amended, (1)(a)(II) repealed, and (1.5) added, (HB 19-1240), ch. 264, p. 2498, � 4, effective October 1; (1)(c)(I), (1)(c)(II), (1)(c)(III), and (5)(c) amended and (1)(d) added, (HB 19-1245), ch. 199, p. 2158, � 6, effective October 1. L. 2020, 1st Ex. Sess.: (1)(a)(I)(A) amended and (1.3) added, (HB 20B-1004), ch. 3, p. 22, � 2, effective December 7. L. 2021: (1.3)(a)(I.3), (1.3)(a)(I.5), (1.3)(a)(I.7), (1.3)(c.5), and (1.3)(f.5) added and (1.3)(a)(III), (1.3)(a)(V), (1.3)(b)(I), and IP(1.3)(b)(II) amended, (HB 21-1265), ch. 231, p. 1224, � 1, effective June 14; (1)(d)(IV) added, (HB 21-1312), ch. 299, p. 1796, � 10, effective July 1. L. 2022: (1.3)(a)(III), (1.3)(a)(V), (1.3)(b)(I), IP(1.3)(b)(II), (1.3)(c), and (1.3)(c.5) amended and (1.3)(f.7) added, (HB 22-1406), ch. 353, p. 2513, � 1, effective June 3; (1)(d)(I) amended, (SB 22-006), ch. 160, p. 1007, � 3, effective August 10; (5)(b) repealed, (HB 22-1312), ch. 202, p. 1360, � 6, effective August 10. L. 2024: (1)(a)(I)(A) amended, (SB 24-228), ch. 170, p. 904, � 14, effective May 14; (1)(d)(III)(B) added by revision, (SB 24-025), ch. 144, pp. 580, 585, �� 42, 55. L. 2025, 1st Ex. Sess.: (1)(c), (1)(d)(I), and (5)(c) amended and (1)(d)(V) added, (HB 25B-1005), ch. 9, p. 38, 2, effective August 28.
Editor's note: (1) Subsection (1)(g)(I) was amended in House Bill 13-1295. Those amendments are superseded by the repeal and reenactment of this section in the same House Bill 13-1295, effective July 1, 2014.
(2) Subsection (1)(d)(III)(B) provided for the repeal of subsection (1)(d)(III), effective July 1, 2025. (See L. 2024, pp. 580, 585.)
Cross references: (1) For the legislative declaration in the 2013 act amending this section, see section 1 of chapter 314, Session Laws of Colorado 2013.
(2) For the short title (Affordable Housing Act of 2019) and the legislative declaration in HB 19-1245, see sections 1 and 2 of chapter 199, Session Laws of Colorado 2019.
(3) For the legislative declaration in HB 20B-1004, see section 1 of chapter 3, Session Laws of Colorado 2020, First Extraordinary Session. For the legislative declaration in HB 21-1312, see section 1 of chapter 299, Session Laws of Colorado 2021. For the legislative declaration in SB 22-006, see section 1 of chapter 160, Session Laws of Colorado 2022. For the legislative declaration in HB 25B-1005, see section 1 of chapter 9, Session Laws of Colorado 2025, First Extraordinary Session.
C.R.S. § 39-26-105.2
39-26-105.2. Remittance of tax - GIS - vendor held harmless - requirements of GIS database - rules - legislative declaration - definitions. (1) As used in this section, GIS database means the geographic information system database that the department of revenue owns and maintains, that meets the defined scope of work set forth in the request for solicitation, and is provided to vendors to determine the jurisdictions to which tax is owed and to calculate appropriate sales and use tax rates for individual addresses.
(2) The department of revenue shall immediately notify vendors when the
GIS database is online, tested, and verified by the department of revenue to be operational, supported, and available for use. Notification to vendors may be provided in any way that the department deems appropriate and must be accomplished within existing resources.
(3) Any vendor that collects and remits sales tax to the department of
revenue as provided by law, including any local sales or use tax pursuant to part 2 of title 29, may use the GIS database. Any vendor that directly uses the data contained in the GIS database, or uses data from a third-party database that is verified to use the most recent information provided by the GIS database, to determine the jurisdictions to which tax is owed is held harmless for any tax, charge, or fee liability to any taxing jurisdiction that otherwise would be due solely as a result of an error or omission in the GIS database data.
(3.5) (a) The general assembly finds and declares that:
(I) The task force has overseen the implementation of an electronic sales and
use tax simplification system, which is commonly known as SUTS and includes the GIS database, in furtherance of the general assembly's goal to address the complex and cumbersome nature of Colorado's unique state and local sales tax system, which is a matter of statewide concern;
(II) SUTS and the GIS database are designed, among other things, to assist
businesses operating in multiple taxing jurisdictions in Colorado by providing them with a single, reliable source of sales and use tax information for the state and local taxing jurisdictions, including any county, city and county, or municipality governed by a home rule charter;
(III) While the sales and use tax bases and rates of the state and local taxing
jurisdictions and the jurisdictional boundaries of such local taxing jurisdictions are subject to change over time, SUTS was specifically designed in anticipation of such changes pursuant to section 39-26-802.5 (1)(c)(IV) and (1)(c)(V);
(IV) It is a matter of statewide concern to ensure that SUTS, including the
GIS database, continues to serve and evolve as an effective simplification tool upon which businesses can rely in navigating Colorado's unique and complex state and local sales tax system;
(V) Improving SUTS in this manner will decrease filing complexity, make
audits of retailers more uniform for all state and local taxing jurisdictions, help streamline and reduce administrative burdens, and, consequently, encourage more businesses to begin or continue to operate across multiple taxing jurisdictions across this state; and
(VI) Any business that uses the data collected in SUTS, inclusive of data
collected in the GIS database, to determine the local taxing jurisdictions to which tax is owed should be held harmless in an audit by the state or any local taxing jurisdiction, including any county, city and county, or municipality governed by a home rule charter for any tax, charge, or fee liability to any local taxing jurisdiction that would be due solely as a result of an error or omission in the SUTS or GIS database data.
(b) As used in this subsection (3.5), unless the context otherwise requires:
(I) Electronic sales and use tax simplification system means the electronic
system described in section 39-26-802.7 for the collection and remittance of sales and use taxes.
(II) Local taxing jurisdiction means a city, town, municipality, county,
special district, or authority authorized to levy a sales or use tax pursuant to title 24, 25, 29, 30, 31, 32, 37, 42, or 43 and any county, city and county, or municipality governed by a home rule charter that uses the electronic sales and use tax simplification system.
(III) Tax rate means the general sales or use tax rate imposed by a local
taxing jurisdiction, without regard to any local sales or use tax exemption or special tax rate.
(c) (I) Any vendor that uses the data contained in the GIS database to
determine the tax rate and the local taxing jurisdictions to which sales or use tax is owed is held harmless in an audit by any local taxing jurisdiction for any tax, charge, or fee liability to the local taxing jurisdiction that otherwise would be due solely as a result of an error or omission in the GIS database data.
(II) To be held harmless pursuant to subsection (3.5)(c)(I) of this section, a
vendor must collect, retain, and produce upon request documentation reasonably sufficient to demonstrate the vendor's proper use of and reliance on the GIS database data to determine the tax rate and local taxing jurisdiction to which tax was owed.
(III) A vendor that queries the GIS database using an incomplete or erroneous
address shall not be held harmless pursuant to subsection (3.5)(c)(I) of this section for the failure to pay any tax, charge, or fee liability to a local taxing jurisdiction.
(d) The department of revenue, or its third-party contractor, shall update the
data contained in the GIS database, including jurisdictional boundaries and tax rates, within thirty days of the receipt by the department of revenue of updated or corrected data from a local taxing jurisdiction, and shall maintain the GIS database data in an accurate condition in accordance with subsection (4) of this section. The department shall provide a reasonably convenient method for local taxing jurisdictions to inform the department of any errors in the GIS database data.
(4) (a) The department of revenue shall ensure that the GIS database data,
including jurisdictional boundaries and tax rates, is at least ninety-five percent accurate based on a statistically valid sample of addresses from the database, or based on another acceptable method of proving accuracy.
(b) The department of revenue shall update the GIS database with respect to
any geographic boundary changes described in section 29-2-205 (4) within thirty days of receipt of the written notice described in section 29-2-205 (1). If the department of revenue does not timely receive the notice described in section 29-2-205 (1), then the department shall update the GIS database as soon as possible after receiving the geographic boundary change information.
(5) The executive director of the department of revenue shall promulgate
rules for the administration of this section. Such rules must be promulgated in accordance with article 4 of title 24.
Source: L. 2020: Entire section added, (HB 20-1023), ch. 22, p. 80, � 1,
effective March 11. L. 2024: (3.5) added and (4) amended, (SB 24-023), ch. 103, p. 324, � 1, effective April 19; (3) and (4) amended, (SB 24-025), ch. 144, p. 580, � 43, effective July 1, 2025.
Editor's note: Amendments to subsection (4) by SB 24-023 and SB 24-025
were harmonized, effective July 1, 2025.
C.R.S. § 39-26-708
39-26-708. Construction and building materials - legislative declaration - definition. (1) There shall be exempt from taxation under part 1 of this article 26 all sales of construction and building materials to contractors and subcontractors for use in the building, erection, alteration, or repair of structures, highways, roads, streets, and other public works owned and used by:
(a) (I) The United States government, the state of Colorado, its departments
and institutions, and its political subdivisions in their governmental capacities only;
(II) As used in this subsection (1)(a), governmental capacities includes the
building, erection, alteration, or repair of structures to house employees or contractors of a regional transportation authority, as allowed by sections 43-4-604 (3)(j) and 43-4-605 (1)(l), and as an implied and necessary power within section 43-4-605 (1)(k);
(b) Charitable organizations in the conduct of their regular charitable
functions and activities; or
(c) Schools, other than schools held or conducted for private or corporate
profit.
(2) There shall be exempt from taxation under part 2 of this article 26 the
storage, use, or consumption by a contractor or subcontractor of construction and building materials for use in the building, erection, alteration, or repair of structures, highways, roads, streets, and other public works owned and used by:
(a) (I) The United States government, the state of Colorado, its departments
and institutions, and its political subdivisions in their governmental capacities only;
(II) As used in this subsection (2)(a), governmental capacities includes the
building, erection, alteration, or repair of structures to house employees or contractors of a regional transportation authority, as allowed by sections 43-4-604 (3)(j) and 43-4-605 (1)(l), and as an implied and necessary power within section 43-4-605 (1)(k);
(b) Charitable organizations in the conduct of their regular charitable
functions and activities; or
(c) Schools, other than schools held or conducted for private or corporate
profit.
(2.5) (a) The general assembly finds, determines, and declares that:
(I) The exemption under this section was enacted by the general assembly to
reduce costs involved in the construction of public works;
(II) The exemption codifies the principle that contractors should not be
paying a tax levied by governmental entities on building materials used for the benefit of those same governmental entities;
(III) Under current law, out of the state and all local governments across the
state, the sales and use tax on construction and building materials used in the construction of public buildings is only levied by home rule cities;
(IV) The state's ability to honor its responsibilities under section 2 of article
IX of the state constitution to provide for the establishment and maintenance of a thorough and uniform system of free public schools throughout the state is impaired when home rule cities tax public school construction materials because this tax increases the cost of providing public education within the boundaries of these municipalities as contrasted with public schools located within the boundaries of other municipalities that do not tax these materials;
(V) The state's responsibility to provide a thorough and uniform education is
further impaired by the incentives created by the current tax disparities. Specifically, insofar as school districts serve the residents of multiple municipalities and not all of the municipalities tax public school construction materials, school districts are given incentives to build schools within those municipalities where the sales and use tax is not levied, rather than where the public schools are most needed, thereby depriving students and communities of local education resources.
(VI) Extending the exemption to include home rule cities would eliminate
these barriers and disparities and assist the state in honoring its responsibilities under section 2 of article IX of the state constitution;
(VII) The current taxing system also creates negative extraterritorial impacts
because taxpayers that reside in school districts that serve both taxing and nontaxing municipalities must subsidize the cost of the sales and use tax levied when public schools are built in municipalities that tax public school construction materials, even when such residents do not reside in the taxing municipality and their children do not attend public schools in the taxing municipality;
(VIII) Extending the exemption to include the sales and use tax levied by
home rule cities on public school construction materials would reduce the overall costs of constructing such facilities for the many jurisdictions across the state that are home rule cities; and
(IX) Extending the exemption to include home rule cities would also promote
a uniform and consistent treatment of the sale of building and construction materials statewide, thereby facilitating a more consistent and uniform tax structure, would limit the negative extraterritorial effects of this disparate tax treatment, and enhance taxpayer equity in all school districts statewide. Accordingly, the matters addressed in subsection (2.5)(b) of this section are matters of statewide concern.
(b) Notwithstanding any other provision of law, in addition to the exemption
from taxation created by subsections (1) and (2) of this section, there shall also be exempt from taxation under part 1 of this article 26 any tax levied by a home rule city on all sales of construction and building materials to contractors and subcontractors for use in the building, erection, alteration, or repair of a public school.
(c) As used in subsection (2.5)(b) of this section, public school means a
school that serves any of grades kindergarten through twelve and that derives its support, in whole or in part, from revenue raised by a general state or school district tax. Public school includes a charter school authorized by a school district pursuant to part 1 of article 30.5 of title 22, by the state charter school institute pursuant to part 5 of article 30.5 of title 22, or by the Colorado school for the deaf and the blind pursuant to section 22-80-102 (4).
(3) On application by a purchaser or seller, the department of revenue shall
issue to a contractor or subcontractor a certificate of exemption indicating that the contractor's or subcontractor's purchase of construction or building materials is for a purpose stated in subsection (1) of this section and is, therefore, free from sales tax. Unless the department determines pursuant to section 39-26-730 (2) that forms can be consolidated or eliminated, the department shall provide forms for the application and certificate and shall have the authority to verify that the contractor or subcontractor is, in fact, entitled to the issuance of the certificate prior to such issuance.
Source: L. 2004: Entire part added with relocations, p. 1021, � 2, effective July
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L. 2022: (2.5) added, (HB 22-1024), ch. 106, p. 490, � 1, effective August 10; (3) amended, (HB 22-1039), ch. 54, p. 254, � 2, effective August 10. L. 2025: IP(1), (1)(a), IP(2), and (2)(a) amended, (SB 25-272), ch. 314, p. 1644, � 1, effective May 30.
Editor's note: The provisions of this section are similar to several former provisions of �� 39-26-114 and 39-26-203 as they existed prior to 2004. For a detailed comparison, see the comparative tables located in the back of the index.
C.R.S. § 39-26-732
39-26-732. Heat pump systems - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that:
(I) The general assembly has committed to reduce greenhouse gases
through numerous policy and regulatory measures to meet the goals established in 2019;
(II) Great quantities of emissions are released in the traditional process of
heating and cooling private sector commercial and residential buildings;
(III) There is great potential for businesses and individuals in the state to
reduce greenhouse gas emissions generated in the heating and cooling of commercial and residential buildings by installing heat pump systems and heat pump water heaters, which reduce net greenhouse gas emissions;
(IV) Providing a sales and use tax exemption for heat pump systems and heat
pump water heaters will encourage businesses and individuals to purchase and use heat pump systems and heat pump water heaters rather than traditional heating and cooling methods; and
(V) The purchase and use of heat pump systems and heat pump water
heaters will benefit public health in the heating and cooling of homes and businesses and take advantage of latent heat sources and available renewable power during low demand periods.
(b) In accordance with section 39-21-304 (1), which requires each bill that
creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to:
(I) Induce certain designated behavior by taxpayers, specifically the
purchase and use of heat pump systems and heat pump water heaters; and
(II) Contribute to the state's effort to achieve its climate goals.
(c) The general assembly and the state auditor shall measure the
effectiveness of the exemption in achieving the purposes specified in subsection (1)(b) of this section based on the number of heat pump systems and heat pump water heaters sold and used in the state. The Colorado energy office shall provide the state auditor with any available information that would assist the state auditor's measurement.
(2) As used in this section, unless the context otherwise requires:
(a) (I) Air-source heat pump system means a system that:
(A) Is certified pursuant to the federal environmental protection agency's
energy star program;
(B) Has a variable speed compressor;
(C) Is listed in the air-conditioning, heating, and refrigeration institute
directory of certified product performance as a matched system; and
(D) Is installed by a licensed contractor, plumber, or employee of a gas utility
in accordance with the national electrical code and the manufacturer's specifications.
(II) Air-source heat pump system may include an electric resistance
heating element or a dual fuel system for supplemental heat so long as:
(A) The air-source heat pump is used as the primary source of a building's
heat and is designed to supply at least eighty percent of total annual heating for the building;
(B) The system is capable of distributing produced heat to all conditioned
areas of the building;
(C) The dual fuel system has a furnace with an annual fuel utilization
efficiency rating of ninety percent or higher;
(D) All piping for a split system is installed by technicians certified to the
NITC R78 brazing procedure; and
(E) The system is installed by technicians that are trained on the safe
handling of flammable refrigerants.
(III) Air-source heat pump system includes mechanical and electrical
equipment central to the operation of an air-source heat pump, including an upgraded electrical panel if necessary.
(b) (I) Ground-source heat pump system means a system that:
(A) Is certified to the international organization for standardization's latest
standards;
(B) Is installed by a licensed contractor, plumber, or employee of a gas utility
in accordance with the national electric code and manufacturer's specifications;
(C) Conforms to all applicable municipal, state, and federal codes, standards,
regulations, and certifications;
(D) Has blowers that are variable speed, high-efficiency motors that meet or
exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and
(E) Complies with all state and local drinking water guidelines and
regulations and public water system requirements.
(II) Ground-source heat pump system may include a dual fuel system so
long as:
(A) The ground-source heat pump is used as the primary source of a
building's heat and is designed to supply at least eighty percent of total annual heating for the building;
(B) The system is capable of distributing produced heat to all conditioned
areas of the building;
(C) The furnace has an annual fuel utilization efficiency rating of ninety
percent or higher;
(D) All piping for a split system is installed by technicians certified to the
NITC R78 brazing procedure; and
(E) The system is installed by technicians that are trained on the safe
handling of flammable refrigerants.
(III) Ground-source heat pump system includes mechanical and electrical
equipment central to the operation of a ground-source heat pump, including an upgraded electrical panel if necessary.
(IV) Ground-source heat pump system may include a heat exchanger for
water heating.
(c) Heat pump system means an air-source heat pump system, ground-source heat pump system, water-source heat pump system, combined water-source
and air-source heat pump system, or variable refrigerant flow heat pump system.
(d) (I) Heat pump water heater means an electric water heater that uses
heat pump technology to transfer heat from the surrounding air to water in a tank and that is certified pursuant to the federal environmental protection agency's energy star program.
(II) Heat pump water heater may include:
(A) An electric resistance heating element; and
(B) Mechanical and electrical equipment central to the operation of a heat
pump water heater, including an upgraded electrical panel if necessary.
(e) (I) Water-source heat pump system means a system that:
(A) Is certified to the international organization for standardization's latest
standards;
(B) Is installed by a licensed contractor, plumber, or employee of a gas or
wastewater utility in accordance with the national electric code and manufacturer's specifications;
(C) Conforms to all applicable municipal, state, and federal codes, standards,
regulations, and certifications;
(D) Has blowers that are variable speed, high-efficiency motors that meet or
exceed efficiency levels listed in the national electrical manufacturers association MG1-1993 publication; and
(E) Complies with all state and local drinking water guidelines and
regulations and public water system and wastewater system requirements.
(II) Water-source heat pump system may include a dual fuel system so long
as:
(A) The water-source heat pump is used as the primary source of a building's
heat and is designed to supply at least eighty percent of the total annual heating for the building;
(B) The system is capable of distributing produced heat to all conditioned
areas of the building;
(C) The furnace has an annual fuel utilization efficiency rating of ninety
percent or higher;
(D) All piping for a split system is installed by technicians certified to the
NITC R78 brazing procedure; and
(E) The system is installed by technicians who are trained in the safe
handling of flammable refrigerants.
(III) Water-source heat pump system includes mechanical and electrical
equipment central to the operation of a water-source heat pump.
(f) (I) Variable refrigerant flow heat pump system means a system that:
(A) Is certified to the international organization for standardization's latest
standards;
(B) Is installed by a licensed contractor, plumber, or employee of a gas or
wastewater utility in accordance with the national electric code and manufacturer's specifications;
(C) Conforms to all applicable municipal, state, and federal codes, standards,
regulations, and certifications;
(D) Has blowers that are variable speed, high-efficiency motors that meet or
exceed efficiency levels listed in the national electrical manufacturers association MGI-1993 publication; and
(E) Complies with all state and local drinking water guidelines and
regulations and public water system and wastewater system requirements.
(II) Variable refrigerant flow system may include a dual fuel system so long
as:
(A) The variable refrigerant flow system is used as the primary source of a
building's heat and is designed to supply at least eighty percent of the total annual heating for the building;
(B) The system is capable of distributing produced heat to all conditioned
areas of the building;
(C) The furnace has an annual fuel utilization efficiency rating of ninety
percent or higher;
(D) All piping for a split system is installed by technicians certified to the
NITC R78 brazing procedure; and
(E) The system is installed by technicians who are trained in the safe
handling of flammable refrigerants.
(III) Variable refrigerant flow system includes mechanical and electrical
equipment central to the operation of a variable refrigerant flow system.
(3) On and after January 1, 2023, but before January 1, 2024, subject to the
provisions of subsection (4) of this section, all sales, storage, and use of heat pump systems and heat pump water heaters that are used in commercial or residential buildings are exempt from taxation under parts 1 and 2 of this article 26.
(4) (a) (I) To be eligible for the sales and use tax exemption pursuant to this
section, the purchaser of a heat pump system or heat pump water heater shall certify, as specified in subsection (4)(b) of this section, that all necessary mechanical, plumbing, and electrical work performed in connection with the installation of a heat pump system or heat pump water heater in a new or existing industrial, commercial, or multifamily residential building containing twenty thousand square feet or more of conditioned floor space will be performed by a contractor on the certified contractor list created pursuant to section 40-3.2-105.6 (3)(a), or by employees of a utility, subject to state licensing requirements and all applicable state and local rules, codes, and standards.
(II) The requirements of this subsection (4)(a) do not apply to the installation
of a heat pump system or heat pump water heater that is limited to in-unit work in a multifamily building or unit and that is initiated by the owner or tenant of the multifamily building or unit.
(b) The purchaser shall certify, in a form and manner to be determined by the
department of revenue, that the heat pump system or heat pump water heater will be installed in accordance with the provisions of subsection (4)(a) of this section, if applicable.
(5) This section is repealed, effective January 1, 2027.
Source: L. 2022: Entire section added, (SB 22-051), ch. 333, p. 2352, � 4,
effective August 10. L. 2023: (3) and (5) amended, (HB 23-1272), ch. 167, p. 808, � 12, effective May 11.
Cross references: For the legislative declaration in HB 23-1272, see section 1
of chapter 167, Session Laws of Colorado 2023.
C.R.S. § 39-26-734
39-26-734. Rebuilding from declared wildfire disaster - tax preference performance statement - legislative declaration - definitions - repeal. (1) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that:
(a) The general legislative purpose of the exemption allowed by this section
is to provide tax relief for certain individuals;
(b) The specific legislative purpose of the exemption allowed by this section
is to provide financial relief to Coloradans recovering and rebuilding from declared wildfire disasters; and
(c) The general assembly and the state auditor shall measure the
effectiveness of the exemption allowed by this section based on the number of wildfire exemption certificates issued pursuant to subsection (5) of this section, the number and amount of all refund claims allowed pursuant to this section, and an estimate by the state auditor of the proportion of homeowners affected by declared wildfire disasters who benefitted from the exemption in the rebuilding or repairing of their homes.
(2) As used in this section, unless the context otherwise requires:
(a) Building permit means the document or documents issued by a local
government to a qualified homeowner showing the estimated amount of use tax collected, if any, in connection with rebuilding or repairing the qualified homeowner's qualified residential structure.
(b) Declared wildfire disaster means a wildfire that was declared a disaster
emergency by the governor pursuant to section 24-33.5-704 (4) on or after January 1, 2020, but before January 1, 2023.
(c) Department means the department of revenue.
(d) Estimated construction and building materials cost means the cost
amount used by the local government to collect estimated use tax in connection with the issuance of a building permit. If no estimated use tax has been collected, estimated construction and building materials cost means half of the total contract price or total cost for rebuilding or repairing a qualified residential structure.
(e) Executive director means the executive director of the department of
revenue.
(f) Local government means a county, city and county, or municipality.
(g) Qualified homeowner means a homeowner that is rebuilding or
repairing or has employed a contractor to rebuild or repair a qualified residential structure that the homeowner owned at the time of a declared wildfire disaster.
(h) Qualified residential structure means a residential structure that was
damaged or destroyed by a declared wildfire disaster.
(i) Wildfire rebuild exemption certificate means a written certification
provided by a local government to a qualified homeowner that certifies that one or more building permits specifically identified therein have been issued to the qualified homeowner for rebuilding or repairing a qualified residential structure.
(3) (a) The sale, storage, use, or consumption of construction and building
materials used directly in rebuilding or repairing a qualified homeowner's qualified residential structure is exempt from taxation under parts 1 and 2 of this article 26 as set forth in this section.
(b) The exemption created in subsection (3)(a) of this section shall be
administered solely as a refund allowed to qualified homeowners to be applied for in accordance with this section and section 39-26-703. No retailer may exempt any sale pursuant to this section.
(c) The exemption created in subsection (3)(a) of this section applies only to
the state sales and use taxes levied pursuant to this article 26. Notwithstanding any other provision of law, the exemption shall not apply to the sales or use taxes levied by any local government, including any city, town, county, special purpose district, or limited purpose governmental entity; except that this subsection (3)(c) does not apply to the regional transportation district established by article 9 of title 32 or the scientific and cultural facilities district established by article 13 of title 32.
(4) (a) A qualified homeowner may claim a refund allowed pursuant to
subsection (3) of this section for each qualified residential structure for which the qualified homeowner obtains a building permit and a wildfire rebuild exemption certificate issued by a local government in accordance with subsection (5) of this section.
(b) The amount of a refund claimed pursuant to this section shall be equal to
four percent of the estimated construction and building materials cost for repairing or rebuilding the qualified residential structure that is the subject of the building permit and wildfire rebuild exemption certificate.
(c) A qualified homeowner must submit a claim for refund on the form and in
the manner prescribed by the executive director. The claim for refund must include the wildfire rebuild exemption certificate issued in accordance with subsection (5) of this section and a true and correct copy of each building permit identified in the wildfire rebuild exemption certificate.
(d) The three-year application deadline in section 39-26-703 (2)(d) for a
sales tax refund or refund of any use tax collected by a vendor does not apply to a claim for refund made pursuant to this section. A claim for refund made pursuant to this section must be filed on or before June 30, 2028.
(5) (a) The local government with jurisdiction to issue a building permit in an
area affected by a declared wildfire disaster may issue a wildfire rebuild exemption certificate to a qualified homeowner. A wildfire rebuild exemption certificate must clearly identify the qualified homeowner, the contractor employed by the homeowner, if applicable, and each building permit issued by the local government to the qualified homeowner for rebuilding or repairing a qualified residential structure.
(b) To obtain a wildfire rebuild exemption certificate, a homeowner must
certify, in a form prescribed by the executive director, that:
(I) The homeowner was the owner of each qualified residential structure to
be rebuilt or repaired at the time the structure was damaged or destroyed by the declared wildfire disaster; and
(II) The replacement cost for each qualified residential structure to be rebuilt
or repaired exceeds the homeowner's coverage under any homeowner's insurance policy associated with the structure.
(c) On or before September 30, 2023, and on or before September 30 of
each calendar year thereafter through September 30, 2025, a local government shall provide the department with an electronic report of the number of wildfire rebuild exemption certificates issued by the local government for the preceding calendar year.
(6) The executive director shall:
(a) Provide a form for the wildfire rebuild exemption certificate to the proper
official of the local government with jurisdiction to issue a building permit in an area after determining that the area was affected by a declared wildfire disaster;
(b) Modify existing forms or create new forms as necessary to facilitate
refund claims made pursuant to this section; and
(c) Adopt rules for the administration and enforcement of this section.
(7) In making a refund or allowing a credit pursuant to section 39-26-703,
the department shall prioritize applications for refunds submitted pursuant to this section over refund applications submitted pursuant to other provisions of law.
(8) This section is repealed, effective July 1, 2028.
Source: L. 2023: Entire section added, (HB 23-1240), ch. 171, p. 838, � 1,
effective May 12.
PART 8
SALES AND USE TAX SIMPLIFICATION TASK FORCE
C.R.S. § 39-28-101
39-28-101. Definitions. As used in this article 28, unless the context otherwise requires:
(1) Consumer means any person, firm, limited liability company,
partnership, or corporation who has title to or possession of cigarettes in storage for use or consumption in this state.
(1.3) Delivery sale means a sale of cigarettes to a consumer in this state
when:
(a) The consumer submits an order for cigarettes to a delivery seller for sale
by means other than an over-the-counter sale on the delivery seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and
(b) The cigarettes are delivered when the seller is not in the physical
presence of the consumer when the consumer obtains possession of the cigarettes by use of a common carrier, private delivery service, mail, or any other means.
(1.7) Delivery seller means a person located outside of this state who
makes delivery sales.
(2) Department means the department of revenue.
(2.5) Master settlement agreement shall have the same meaning as
section 39-28-202 (5).
(2.7) Modified risk tobacco product means any tobacco product for which
the secretary of the United States department of health and human services has issued an order authorizing the product to be commercially marketed as a modified risk tobacco product in accordance with 21 U.S.C. sec. 387k, or any successor section.
(3) Sale or resale includes installment, credit, and conditional sales and
means any exchange, barter, or transfer of title or possession, or both, for a consideration to any other person, firm, partnership, limited liability company, or corporation within this state. It includes:
(a) A gift by a person engaged in the business of selling cigarettes, for
advertising, as a means of evading provisions of this article 28 or for any other purpose whatsoever; and
(b) Delivery sales.
(4) Wholesaler means any person, firm, limited liability company,
partnership, or corporation who imports cigarettes into this state for sale or resale. The term also includes a delivery seller.
(5) Wholesale subcontractor means any person, firm, limited liability
company, partnership, or corporation who purchases cigarettes from a wholesaler for resale to a retailer in this state.
Source: L. 64: p. 821, � 1. C.R.S. 1963: � 138-8-1. L. 90: (1), (3), and (4)
amended, p. 458, � 44, effective April 18. L. 2005: (2.5) and (5) added, p. 717, � 1, effective June 1. L. 2020: IP, (3), and (4) amended and (1.3), (1.7), and (2.7) added, (HB 20-1427), ch. 248, p. 1187, � 2, effective January 1, 2021.
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
C.R.S. § 39-28-102.5
39-28-102.5. Licensing of wholesale subcontractors - rules - fines - fund - transfer - repeal. (1) It is unlawful for any wholesale subcontractor to sell or offer for sale cigarettes to a retailer in this state without first obtaining a license therefor, granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. Such licenses shall be granted only to such wholesale subcontractors who own or operate the places from which such sales are to be made, and, in case sales are made from two or more separate places by any such wholesale subcontractor, a separate license for each place of business shall be required. No license shall be issued to a wholesale subcontractor unless the wholesale subcontractor has a current license issued pursuant to section 39-26-103. Such licenses shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to rules adopted by the department. The license fee shall be ten dollars per year, and such license fees shall be credited to the wholesale and distributing subcontractor license fund, which is hereby created in the state treasury. All moneys in the fund shall be subject to annual appropriation by the general assembly to the department for costs incurred in administering this section and section 39-28.5-104.5. Such license fees shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any wholesale subcontractor violating any provision of this article, and no license shall be issued to such wholesale subcontractor within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased cigarettes from a wholesale subcontractor for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal wholesale subcontractor license and shall revoke a wholesale subcontractor's license, if the wholesaler owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title that have been determined by law to be due and unpaid, unless the wholesaler has entered into an agreement approved by the department to pay the amount due.
(2) (Deleted by amendment, L. 2008, p. 183, � 2, effective August 5, 2008.)
(3) (a) On June 30, 2025, the state treasurer shall transfer four thousand four
hundred thirteen dollars from the wholesale and distributing subcontractor license fund to the outdoor recreation economic development cash fund created in section 24-48.5-129 (4)(a).
(b) This subsection (3) is repealed, effective July 1, 2026.
Source: L. 2005: Entire section added, p. 719, � 3, effective June 1. L. 2008:
Entire section amended, p. 183, � 2, effective August 5. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2122, � 178, effective August 11. L. 2025: (3) added, (HB 25-1215), ch. 312, p. 1634, � 13, effective May 30.
Cross references: For the legislative declaration in HB 25-1215, see section 1
of chapter 312, Session Laws of Colorado 2025.
C.R.S. § 39-28-103.3
39-28-103.3. Inventory tax - definition. (1) As used in this section, Colorado tax stamp means a stamp that is affixed to, or an imprint or impression by a suitable metering machine approved by the department on a package containing cigarettes as evidence of the payment of tax imposed by this article 28, excluding the tax set forth in this section.
(2) After January 1, 2022, in addition to any other tax imposed under this
article 28 or section 21 of article X of the state constitution, there is levied a tax on cigarettes in a wholesaler's or wholesale subcontractor's possession or control that have a Colorado tax stamp that applies any time that the cigarette tax is increased. The tax is equal to the difference between the tax paid for the Colorado tax stamp currently affixed to a package of cigarettes and the tax that will be owed for the same Colorado tax stamp after the increase in the tax imposed per cigarette. It is unlawful for any person to affix a Colorado tax stamp on or after 12:01 a.m. on the day that a rate increase will take effect, to a package of cigarettes that reflects payment of the tax imposed prior to the increase. Any unaffixed stamps may be redeemed for credit pursuant to section 39-28-104 (3).
(3) (a) After January 1, 2022, a wholesaler shall take an inventory of all
packages of cigarettes with a Colorado tax stamp affixed thereto and of all unaffixed Colorado tax stamps in the wholesaler's possession or control as of 12:01 a.m. on the day that a rate increase will take effect.
(b) After January 1, 2022, a wholesale subcontractor shall take an inventory
of all packages of cigarettes with a Colorado tax stamp affixed thereto in the wholesale subcontractor's possession or control as of 12:01 a.m. on the day that a rate increase will take effect.
(4) Every wholesaler and wholesale subcontractor shall file a report, on a
form created by the department, of the inventory identified in accordance with subsection (3) of this section and pay the tax imposed under this section for the inventory. A wholesaler shall separately identify the number of packages with a Colorado tax stamp and the unaffixed Colorado tax stamps. The wholesaler or wholesale subcontractor shall remit the tax payment on or before the tenth day of the month following the required inventory. If payment is made on or before the due date, the wholesaler or wholesale subcontractor may deduct three percent of the tax imposed under this section, but, if any wholesaler or wholesale subcontractor is delinquent in remitting such payment, other than in unusual circumstances shown to the satisfaction of the executive director of the department, the wholesaler or wholesale subcontractor shall not be allowed to retain any amounts to cover the expense in collecting and remitting the tax and the penalty imposed under section 39-28-108 (2) applies.
(5) The department may require wholesalers and wholesale subcontractors
to use electronic funds transfers to remit tax payments due under this section and may require wholesalers and wholesale subcontractors to file tax returns electronically. The department may promulgate rules governing electronic payment and filing.
Source: L. 2020: Entire section added, (HB 20-1427), ch. 248, p. 1189, � 4,
effective January 1, 2021.
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that this section takes effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
C.R.S. § 39-28-401
39-28-401. Submission of ballot issue - increased tax on cigarettes and tobacco products - new tax on nicotine products - definition. (1) As used in this section, ballot issue means the question referred to voters in subsection (2) of this section.
(2) At the election held on November 3, 2020, the secretary of state shall
submit to the registered electors of the state for their approval or rejection the following ballot issue: Shall state taxes be increased by $294,000,000 annually by imposing a tax on nicotine liquids used in e-cigarettes and other vaping products that is equal to the total state tax on tobacco products when fully phased in, incrementally increasing the tobacco products tax by up to 22% of the manufacturer's list price, incrementally increasing the cigarette tax by up to 9 cents per cigarette, expanding the existing cigarette and tobacco taxes to apply to sales to consumers from outside of the state, establishing a minimum tax for moist snuff tobacco products, creating an inventory tax that applies for future cigarette tax increases, and initially using the tax revenue primarily for public school funding to help offset revenue that has been lost as a result of the economic impacts related to COVID-19 and then for programs that reduce the use of tobacco and nicotine products, enhance the voluntary Colorado preschool program and make it widely available for free, and maintain the funding for programs that currently receive revenue from tobacco taxes, with the state keeping and spending all of the new tax revenue as a voter-approved revenue change?
(3) For purposes of section 1-5-407, the ballot issue is a proposition. Section
1-40-106 (3)(d) does not apply to the ballot issue.
(4) Repealed.
Source: L. 2020: Entire part added, (HB 20-1427), ch. 248, p. 1186, � 1,
effective July 8.
Editor's note: (1) The ballot issue specified in this section was referred to the
registered electors as Proposition EE on November 3, 2020. It was approved by the voters and proclaimed by the Governor on December 31, 2020, with the following vote count:
FOR: 2,134,608
AGAINST: 1,025,182
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective July
1, 2021, if a majority of the electors voting on the ballot issue vote Yes/For. (See L. 2020, p. 1186.)
PART 5
BALLOT ISSUE RELATED TO PROPOSITION EE REFUNDS -
RATE REDUCTIONS - PERMITTED USES
Editor's note: (1) Section 39-28-506 provided for the repeal of this part 5,
effective July 1, 2024, if a majority of the electors voting on the ballot issue specified in � 39-28-502, prior to its repeal, vote Yes/For. (See L. 2023, p. 2026.) The ballot issue was referred to the registered electors as Proposition II on November 7, 2023. It was approved by the voters and proclaimed by the Governor on December 15, 2023, with the following vote count:
FOR: 1,130,047
AGAINST: 543,405
(2) This part was added in 2023 and was not amended prior to its repeal in
-
For the text of this part prior to its repeal in 2024, consult the 2023 Colorado Revised Statutes.
39-28-501 to 39-28-506. (Repealed)
ARTICLE 28.5
Tax on Tobacco Products
Cross references: For the constitutional provision that establishes limitations
on spending, the imposition of taxes, and the incurring of debt, see � 20 of article X of the state constitution.
39-28.5-101. Definitions. As used in this article 28.5, unless the context
otherwise requires:
(1) Consumer means any person who has title to or possession of tobacco
products for the person's own use or consumption in this state and not for resale.
(2) (a) Delivery sale means, except as provided in subsection (2)(b) of this
section, the sale of tobacco products to a consumer in this state when:
(I) The consumer submits an order for the tobacco products to a delivery
seller for sale by means other than an over-the-counter sale on the delivery seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and
(II) The tobacco products are delivered when the seller is not in the physical
presence of the consumer when the consumer obtains possession of the tobacco products by use of a common carrier, private delivery service, mail, or any other means.
(b) Delivery sale does not include the sale of cigars or pipe tobacco.
(3) Delivery seller means a person located outside of this state who makes
delivery sales.
(4) Department means the department of revenue.
(5) Distributing subcontractor means every person, firm, limited liability
company, partnership, or corporation who purchases tobacco products from a distributor for resale to a retailer in this state.
(6) Distributor means every person who:
(a) First receives tobacco products in this state;
(b) Sells tobacco products in this state and is primarily liable for the tobacco
products tax on such products;
(c) First sells or offers for sale in this state tobacco products imported into
this state from any other state or country; or
(d) Is a delivery seller.
(7) (a) Manufacturer's list price means, except as provided in subsections
(7)(b) and (7)(c) of this section, the invoice price for which a manufacturer or supplier sells a tobacco product to a distributor or remote retail seller exclusive of any discount or other reduction. In the case of cigars and pipe tobacco, manufacturer's list price is also known as the acquisition cost and is also exclusive of any discount or other reduction.
(b) For a delivery or remote retail seller, if determining the invoice price
described in subsection (7)(a) of this section is impracticable, then manufacturer's list price means the average of the actual price paid, exclusive of any rebates or discounts applied, for the tobacco product's stock keeping unit during the preceding calendar year. The department may, by written notice to the delivery or remote retail seller, prospectively require a delivery or remote retail seller to calculate the tax on the invoice price if the department finds that the delivery or remote retail seller's use of the average price paid was for the purpose of avoiding tax.
(c) For a manufacturer who is also a delivery seller, a remote retail seller, or
a retailer, and who sells tobacco products exclusively to consumers and not to suppliers or distributors, manufacturer's list price means the manufacturer's cost to manufacture the tobacco product, which includes the manufacturing overhead and the cost of all direct materials and direct labor used.
(8) Modified risk tobacco product means any tobacco product for which
the secretary of the United States department of health and human services has issued an order authorizing the product to be commercially marketed as a modified risk tobacco product in accordance with 21 U.S.C. sec. 387k, or any successor section.
(9) Moist snuff means any finely cut, ground, or powdered tobacco that is
not intended to be smoked but does not include any finely cut, ground, or powdered tobacco that is intended to be placed in the nasal cavity.
(10) (a) Remote retail sale means the sale of cigars or pipe tobacco to a
consumer in this state when:
(I) The consumer submits an order for the cigars or pipe tobacco to a remote
retail seller for sale by means other than an over-the-counter sale on the remote retail seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and
(II) The cigars or pipe tobacco are delivered to the consumer by use of a
common carrier, private delivery service, mail, or any other means of remote delivery, or when the remote retail seller is not in the physical presence of the consumer when the consumer obtains possession of the cigars or pipe tobacco.
(b) Remote retail sale does not include the sale of tobacco products other
than cigars or pipe tobacco.
(11) Remote retail seller means a person located outside of this state who
makes remote retail sales.
(12) Sale means any transfer, exchange, or barter, in any manner or by any
means whatsoever, for a consideration, including all sales made by any person. The term includes:
(a) A gift by a person engaged in the business of selling tobacco products,
for advertising, as a means of evading the provisions of this article 28.5 or for any other purposes whatsoever;
(b) A delivery sale; and
(c) A remote retail sale.
(13) Stock keeping unit means the unique identifier assigned by the
distributor or remote retail seller to various items in order to track inventory.
(14) Tobacco products means cigars, cheroots, stogies, periques,
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a pipe or otherwise, or both for chewing and smoking, but does not include cigarettes that are taxed separately pursuant to article 28 of this title 39.
Source: L. 86: Entire article added, p. 1113, � 13, effective July 1. L. 2005: (1.5)
added, p. 721, � 5, effective June 1. L. 2020: IP, (1), (2), and (4) amended and (1.2), (1.4), (3.3), and (3.7) added, (HB 20-1427), ch. 248, p. 1192, � 11, effective January 1, 2021. L. 2023: Entire section amended, (HB 23-1015), ch. 142, p. 605, � 1, effective January 1, 2024.
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
39-28.5-102. Tax levied. (1) Except as set forth in subsection (3) of this
section, there is levied a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in this state, excluding modified risk tobacco products, at the rate of:
(a) Twenty percent of the manufacturer's list price of the tobacco products
for the tax levied prior to January 1, 2021;
(b) Thirty percent of the manufacturer's list price of the tobacco products for
the tax levied on and after January 1, 2021, but prior to July 1, 2024;
(c) Thirty-six percent of the manufacturer's list price of the tobacco products
for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and
(d) Forty-two percent of the manufacturer's list price of the tobacco
products for the tax levied on and after July 1, 2027.
(2) There is levied a tax upon the sale, use, consumption, handling, or
distribution of modified risk tobacco products in this state at the rate of:
(a) Fifteen percent of the manufacturer's list price of the modified risk
tobacco products for the tax levied on and after January 1, 2021, but prior to July 1, 2024;
(b) Eighteen percent of the manufacturer's list price of the modified risk
tobacco products for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and
(c) Twenty-one percent of the manufacturer's list price of the modified risk
tobacco products for the tax levied on and after July 1, 2027.
(3) (a) If the total of the tax imposed upon the sale, use, consumption,
handling, or distribution of moist snuff under subsection (1) of this section and section 39-28.5-102.5 is less than the minimum moist snuff tax specified in subsection (3)(b) of this section, then the tax imposed upon the sale, use, consumption, handling, or distribution of moist snuff under this section is equal to the minimum moist snuff tax minus the tax imposed under section 39-28.5-102.5.
(b) (I) The minimum moist snuff tax is equal to:
(A) One dollar forty-eight cents for each one and two-tenth ounce container
for the tax levied on and after January 1, 2021, but prior to July 1, 2024;
(B) One dollar eighty-four cents for each one and two-tenth ounce container
for the tax levied on and after July 1, 2024, but prior to July 1, 2027; and
(C) Two dollars twenty-six cents for each one and two-tenth ounce container
for the tax levied on and after July 1, 2027.
(II) The amount specified in subsection (3)(b)(I) of this section is
proportionally increased for any container larger than one and two-tenths ounces.
(4) (a) The tax set forth in this section is collected by the department.
(b) In the case of the distributor, the tax set forth in this section is imposed at
the time the distributor:
(I) Brings, or causes to be brought, into this state from without the state
tobacco products for sale;
(II) Makes, manufactures, or fabricates tobacco products in this state for
sale in this state;
(III) Ships or transports tobacco products to retailers in this state to be sold
by those retailers; or
(IV) Makes a delivery sale.
(c) In the case a remote retail seller, the tax set forth in this section is
imposed at the time the remote retail seller makes a remote retail sale.
(5) Repealed.
Source: L. 86: Entire article added, p. 1114, � 13, effective July 1. L. 2020:
Entire section R&RE, (HB 20-1427), ch. 248, p. 1193, � 12, effective January 1, 2021. L. 2023: (5) added, (HB 23-1290), ch. 337, p. 2024, � 4, effective June 2; (4) amended, (HB 23-1015), ch. 142, p. 607, � 2, effective January 1, 2024.
Editor's note: (1) Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
(2) Subsection (5)(b) provided for the repeal of subsection (5), effective
January 1, 2024, if a majority of the electors voting in the November 7, 2023, election vote Yes/For the ballot issue referred to the voters pursuant to � 39-28-502 (1), as that section existed prior to its repeal on July 1, 2024. (See L. 2023, p. 2024). The ballot issue specified in � 39-28-502 (1) was referred to the registered electors as Proposition II on November 7, 2023. It was approved by the voters and proclaimed by the Governor on December 15, 2023, with the following vote count:
FOR: 1,130,047
AGAINST: 543,405
Cross references: (1) For the tax on cigarettes, see article 28 of this title 39.
(2) For the legislative declaration in HB 23-1290, see section 1 of chapter
337, Session Laws of Colorado 2023.
39-28.5-102.5. Tax levied - state constitution. Pursuant to section 21 of
article X of the state constitution, there is levied, in addition to the tax levied pursuant to section 39-28.5-102, a tax on the sale, use, consumption, handling, or distribution of tobacco products by distributors and remote retail sellers, at a rate of twenty percent of the manufacturer's list price. The tax shall be paid to and collected by the department. The tax shall be imposed in the same manner as the tax described in section 39-28.5-102.
Source: L. 2005: Entire section added, p. 910, � 9, effective June 2; entire
section added, p. 925, � 10, effective June 2. L. 2023: Entire section amended, (HB 23-1015), ch. 142, p. 608, � 3, effective January 1, 2024.
Cross references: For the legislative declaration contained in the 2005 act
enacting this section, see section 1 of chapter 241, Session Laws of Colorado 2005.
39-28.5-103. Exempt sales. The tax imposed by section 39-28.5-102 shall
not apply with respect to any tobacco products which, under the constitution and laws of the United States, may not be made the subject of taxation by this state. Such exempt sales shall be reported to the department with such information as the department shall require.
Source: L. 86: Entire article added, p. 1114, � 13, effective July 1.
39-28.5-104. Licensing required - rules - fines. (1) It is unlawful for any
person to engage in the business of a distributor of tobacco products at any place of business or to make delivery or remote retail sales without first obtaining a license granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. In the case of a distributor located in this state, such license shall be granted only to a person who owns or operates the place from which the person engages in the business of a distributor of tobacco products, and, if such business is operated in two or more separate places in this state by any such person, a separate license for each place of business shall be required. Such license shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license shall be ten dollars per year, and such fee shall be credited to the general fund. Such fee shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article 28.5, and no license shall be issued to such person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased tobacco products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor or remote retail seller license, and shall revoke a distributor's or remote retail seller's license, if the distributor or remote retail seller owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title 39 that have been determined by law to be due and unpaid, unless the distributor or remote retail seller has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributor or remote retail seller license to a distributor or remote retail seller that has a current license issued pursuant to section 39-26-103.
(2) (Deleted by amendment, L. 2008, p. 184, � 3, effective August 5, 2008.)
Source: L. 86: Entire article added, p. 1114, � 13, effective July 1. L. 2001:
Entire section amended, p. 580, � 5, effective May 30. L. 2004: Entire section amended, p. 247, � 2, effective August 4. L. 2005: (1) amended, p. 721, � 6, effective June 1. L. 2008: Entire section amended, p. 184, � 3, effective August 5. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2123, � 179, effective August 11. L. 2023: (1) amended, (HB 23-1015), ch. 142, p. 608, � 4, effective January 1, 2024.
39-28.5-104.5. Licensing of distributing subcontractors - rules - fines. (1)
It is unlawful for any person to engage in the business of a distributing subcontractor of tobacco products at any place of business without first obtaining a license granted and issued by the department, which license shall be in effect until June 30 following the date of issue, unless sooner revoked. Such license shall be granted only to a person who owns or operates the place from which the person engages in the business of a distributing subcontractor of tobacco products, and, if such business is operated in two or more separate places by any such person, a separate license for each place of business shall be required. Such license shall be renewed only upon timely application and payment of the required fee prior to expiration. Such licenses may be transferred in the discretion of and pursuant to the rules adopted by the department. The fee for a license shall be ten dollars per year, and such fee shall be credited to the wholesale and distributing subcontractor license fund created in section 39-28-102.5. Such fee shall be reduced at the rate of two dollars and fifty cents for each expired quarter of the license year. The department shall, on reasonable notice and after a hearing, suspend or revoke the license of any person violating any provision of this article, and no license shall be issued to such person within a period of two years thereafter. The department may share information on the names and addresses of persons who purchased tobacco products for resale with the department of public health and environment and county and district public health agencies. The department shall refuse to issue a new or renewal distributor license and shall revoke a distributor's license, if the distributor owes the state any delinquent taxes administered by the department or interest thereon pursuant to this title that have been determined by law to be due and unpaid, unless the distributor has entered into an agreement approved by the department to pay the amount due. The department shall only issue a new or renewal distributing subcontractor license to a distributing subcontractor that has a current license issued pursuant to section 39-26-103.
(2) (Deleted by amendment, L. 2008, p. 185, � 4, effective August 5, 2008.)
Source: L. 2005: Entire section added, p. 721, � 7, effective June 1. L. 2008:
Entire section amended, p. 185, � 4, effective August 5. L. 2010: (1) amended, (HB 10-1422), ch. 419, p. 2123, � 180, effective August 11.
39-28.5-105. Books and records to be preserved. (1) Every distributor shall
keep at each licensed place of business complete and accurate records for that place of business, including itemized invoices of tobacco products held, purchased, manufactured, brought in or caused to be brought in from without the state, or shipped or transported to retailers in this state, and of all sales of tobacco products made, except sales to the ultimate consumer within the state.
(2) These records shall show the names and addresses of purchasers, the
inventory of all tobacco products on hand, and other pertinent papers and documents relating to the purchase, sale, or disposition of tobacco products.
(3) When a licensed distributor sells tobacco products exclusively to the
ultimate consumer within the state at the address given in the license, no invoice of those sales shall be required, but itemized invoices shall be made of all tobacco products transferred to other retail outlets owned or controlled by that licensed distributor. All books, records, and other papers and documents required by this section to be kept shall be preserved for a period of at least three years after the date of the documents, unless the department, in writing, authorizes their destruction or disposal at an earlier date.
(4) (a) Every retailer that is not also a licensed distributor shall keep at its
place of business complete and accurate records to show that all tobacco products received by the retailer were purchased from a licensed distributor. The retailer shall provide a copy of such records to the department if so requested. The department may establish the acceptable form of such records.
(b) Any expenses incurred by the department related to enforcing paragraph
(a) of this subsection (4) shall be paid from the tobacco settlement defense account, created in section 24-22-115 (2)(a), C.R.S., for the state fiscal year 2009-10, and from the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b), for each state fiscal year thereafter.
(5) Every remote retail seller shall keep complete and accurate records
necessary for the determination of the correct tax liability, including itemized invoices to validate the actual costs paid by the remote retail seller for all cigars and pipe tobacco offered in remote retail sales to the consumer within this state.
Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2009: (4)
added, (HB 09-1173), ch. 372, p. 2017, � 5, effective August 5. L. 2020: (1) and (3) amended, (HB 20-1427), ch. 248, p. 1195, � 13, effective January 1, 2021. L. 2023: (5) added, (HB 23-1015), ch. 142, p. 609, � 5, effective January 1, 2024.
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
39-28.5-106. Returns and remittance of tax - civil penalty. (1) Every
distributor and remote retail seller shall file a return with the department each quarter. The return, which shall be upon forms prescribed and furnished by the department, shall contain, among other things, the total amount of tobacco products purchased by the distributor or remote retail seller during the preceding quarter and the tax due thereon.
(2) Every distributor and remote retail seller shall file a return with the
department by the twentieth day of the month following the month reported and shall therewith remit the amount of tax due, less three and one-third percent of any sum so remitted that consists of tax collected after July 1, 2005, but before January 1, 2021, and less one and six-tenths percent of any sum so remitted that consists of tax collected on or after January 1, 2021, to cover the distributor's or remote retail seller's expense in the collection and remittance of said tax; except that no part of the tax imposed pursuant to section 39-28.5-102.5 and section 21 of article X of the state constitution shall be subject to the discount provided for in this subsection (2). If any distributor or remote retail seller is delinquent in remitting said tax, other than in unusual circumstances shown to the satisfaction of the executive director of the department, the distributor or remote retail seller shall not be allowed to retain any amounts to cover his or her expense in collecting and remitting said tax, and in addition the penalty imposed under section 39-28.5-110 (2)(b) shall apply.
(3) Repealed.
(4) (a) Any person, firm, limited liability company, partnership, or corporation,
other than a distributor or remote retail seller, in possession of tobacco products for which taxes have not otherwise been remitted pursuant to this section shall be liable and responsible for the uncollected tax that is levied pursuant to section 39-28.5-102 and section 21 of article X of the state constitution on behalf of the distributor or remote retail seller who failed to pay the tax. The person or entity shall make the payment to the department within thirty days of first taking possession of the tobacco product. The department shall establish a form to be used for remittance of the payment. The department shall remit the proceeds it receives pursuant to this subsection (4)(a) to the state treasurer for distribution as follows:
(I) For all moneys received and collected in payment of the tax imposed
pursuant to section 39-28.5-102, fifteen percent shall be credited to the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b), and eighty-five percent shall be credited to the old age pension fund; and
(II) All moneys received and collected in payment of the tax imposed
pursuant to section 39-28.5-102.5 shall be credited to the tobacco tax cash fund created in section 24-22-117, C.R.S.
(b) The executive director of the department may impose a civil penalty on
any person, firm, limited liability company, partnership, or corporation in possession of tobacco products that fails to make a payment required pursuant to paragraph (a) of this subsection (4) or who is a distributor by virtue of being the first person who receives the tobacco products in the state and who fails to make a payment required pursuant to this section in an amount that does not exceed five hundred percent of such payment. Any moneys received pursuant to this paragraph (b) shall be remitted to the state treasurer for deposit in the tobacco tax enforcement cash fund created in section 39-28-107 (1)(b).
Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 87: (2)
amended, p. 1467, � 3, effective April 16. L. 2003: (2) amended, p. 2637, � 5, effective June 5. L. 2005: (2) amended and (3) added, p. 910, � 10, effective June 2; (2) amended and (3) added, p. 925, � 11, effective June 2. L. 2009: (4) added, (HB 09-1173), ch. 372, p. 2018, � 6, effective August 5. L. 2017: (3) amended, (HB 17-1136), ch. 76, p. 238, � 5, effective March 23. L. 2019: (3) repealed, (HB 19-1256), ch. 395, p. 3515, � 7, effective August 2. L. 2020: (2) amended, (HB 20-1427), ch. 248, p. 1195, � 14, effective January 1, 2021. L. 2023: (1), (2), and IP(4)(a) amended, (HB 23-1015), ch. 142, p. 609, � 6, effective January 1, 2024
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
Cross references: For the legislative declaration contained in the 2005 act
amending subsection (2) and enacting subsection (3), see section 1 of chapter 241, Session Laws of Colorado 2005.
39-28.5-107. When credit may be obtained for tax paid - repeal. (1) Where
tobacco products, upon which the tax imposed by this article 28.5 has been reported and paid, are shipped or transported by the distributor to retailers without the state to be sold by those retailers, are shipped or transported by the distributor to a consumer without the state on or after January 1, 2021, or are returned to the manufacturer by the distributor or destroyed by the distributor, credit of such tax may be made to the distributor in accordance with regulations prescribed by the department.
(2) (a) Prior to January 1, 2025, credit shall be given by the department to a
distributor or remote retail seller for all taxes levied pursuant to this article 28.5 and section 21 of article X of the state constitution and paid pursuant to the provisions of this article 28.5 that are bad debts. Such credit shall offset taxes levied pursuant to this article 28.5 and section 21 of article X of the state constitution and paid pursuant to the provisions of this article 28.5 only. No credit shall be given unless the bad debt has been charged off as uncollectible on the books of the distributor or remote retail seller. Subsequent to receiving the credit, if the distributor or remote retail seller receives a payment for the bad debt, the distributor or remote retail seller shall be liable to the department for the amount received and shall remit this amount in the next payment to the department under section 39-28.5-106.
(b) Any claim for a bad debt credit under this subsection (2) shall be
supported by all of the following:
(I) A copy of the original invoice issued by the distributor or remote retail
seller;
(II) Evidence that the tobacco products described in the invoice were
delivered to the person who ordered them; and
(III) Evidence that the person who ordered and received the tobacco
products did not pay the distributor or remote retail seller for them and that the distributor or remote retail seller used reasonable collection practices in attempting to collect the debt.
(c) If credit is given to a distributor or remote retail seller for a bad debt, the
person who ordered and received the tobacco products but did not pay the distributor or remote retail seller for them shall be liable in an amount equal to the credit for the tax imposed in this article 28.5 on the tobacco products. Subsequent to receiving the credit, if the distributor or remote retail seller receives a payment for the bad debt and the distributor or remote retail seller makes a payment to the department, the amount of taxes owed by such person shall be reduced by the amount paid to the department.
(d) As used in this subsection (2), bad debt means the taxes attributable to
any portion of a debt that is related to a sale of tobacco products subject to tax under this article 28.5, that is not otherwise deductible or excludable, that has become worthless or uncollectible in the time after the tax has been paid pursuant to section 39-28.5-106, and that is eligible to be claimed as a deduction pursuant to section 166 of the federal Internal Revenue Code of 1986, as amended. A bad debt shall not include any interest on the wholesale price of tobacco products, uncollectible amounts on property that remain in the possession of the distributor or remote retail seller until the full purchase price is paid, expenses incurred in attempting to collect any account receivable or any portion of the debt recovered, an account receivable that has been sold to a third party for collection, or repossessed property.
(e) This subsection (2) is repealed, effective December 31, 2028.
Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2004:
Entire section amended, p. 266, � 2, effective August 4. L. 2005: (2)(a) amended, p. 910, � 11, effective June 2; (2)(a) amended, p. 926, � 12, effective June 2. L. 2015: (1) amended, (HB 15-1301), ch. 336, p. 1364, � 3, effective June 5. L. 2020: (1) amended, (HB 20-1427), ch. 248, p. 1196, � 15, effective January 1, 2021. L. 2023: (2)(a), (2)(b)(I), (2)(b)(III), (2)(c), and (2)(d) amended, (HB 23-1015), ch. 142, p. 610, � 7, effective January 1, 2024. L. 2024: (2)(a) amended and (2)(e) added, (HB 24-1036), ch. 373, p. 2533, � 28, effective August 7.
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
Cross references: (1) For the legislative declaration contained in the 2005
act amending subsection (2)(a), see section 1 of chapter 241, Session Laws of Colorado 2005.
(2) For the short title (Cigar On-line Sales Equalization Act) and the
legislative declaration in HB 15-1301, see sections 1 and 2 of chapter 336, Session Laws of Colorado 2015.
(3) For the legislative declaration in HB 24-1036, see section 1 of chapter
373, Session Laws of Colorado 2024.
39-28.5-108. Distribution of tax collected. (1) (a) All money received and
collected in payment of the tax imposed by this article 28.5, except license fees received under section 39-28.5-104 and the money collected pursuant to section 39-28.5-102.5, shall be transmitted to the state treasurer, who shall distribute such money as follows: Fifteen percent to the general fund and eighty-five percent to the old age pension fund.
(b) The net revenue that is credited to the old age pension fund created in
section 1 of article XXIV of the state constitution in accordance with subsection (1)(a) of this section and section 2 (a) of article XXIV of the state constitution is transferred to the general fund in accordance with section 7 (c) of article XXIV of the state constitution. Of this money or the fifteen percent that is directly credited to the general fund, the state treasurer shall transfer an amount equal to the total revenue that is attributable to the tax increase set forth in section 39-28.5-102, approved by the voters at the statewide election in November 2020, to the 2020 tax holding fund created in section 24-22-118 (1).
(2) All moneys received and collected in payment of the tax imposed
pursuant to section 39-28.5-102.5 and section 21 of article X of the state constitution shall be transmitted to the state treasurer for deposit in the tobacco tax cash fund created in section 24-22-117, C.R.S.
Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2005:
Entire section amended, p. 911, � 12, effective June 2; entire section amended, p. 926, � 13, effective June 2. L. 2020: (1) amended, (HB 20-1427), ch. 248, p. 1196, � 16, effective January 1, 2021.
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
Cross references: For the legislative declaration contained in the 2005 act
amending this section, see section 1 of chapter 241, Session Laws of Colorado 2005.
39-28.5-108.5. Revenue and spending limitations. Notwithstanding any
limitations on revenue, spending, or appropriations contained in section 20 of article X of the state constitution or any other provision of law, any revenue generated by the tax increase set forth in section 39-28.5-102, approved by the voters at the statewide election in November 2020, may be collected and spent as a voter-approved revenue change.
Source: L. 2020: Entire section added, (HB 20-1427), ch. 248, p. 1196, � 17,
effective January 1, 2021.
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that this section takes effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
39-28.5-109. Taxation by cities and towns. This article 28.5 does not
prevent a statutory or home rule municipality, county, or city and county from imposing, levying, and collecting any special sales tax upon sales of cigarettes, tobacco products, or nicotine products, as that term is defined in section 18-13-121 (5), or upon the occupation or privilege of selling cigarettes, tobacco products, or nicotine products. This article 28.5 does not affect any existing authority of local governments to impose a special sales tax on cigarettes, tobacco products, or nicotine products, in accordance with section 39-28-112, to be used for local and governmental purposes.
Source: L. 86: Entire article added, p. 1115, � 13, effective July 1. L. 2019:
Entire section amended, (HB 19-1033), ch. 53, p. 189, � 7, effective July 1.
39-28.5-110. Prohibited acts - penalties. (1) It is unlawful for any person to
sell and distribute any tobacco products in this state without a license as required in section 39-28.5-104, or to willfully make any false or fraudulent return or false statement on any return, or to willfully evade the payment of the tax, or any part thereof, as imposed by this article 28.5. Any distributor, remote retail seller, or agent thereof who willfully violates any provision of this article 28.5 shall be punished as provided by section 39-21-118.
(2) (a) If a person neglects or refuses to make a return as required by this
article and no amount of tax is due, the executive director of the department shall impose a penalty in the amount of twenty-five dollars.
(b) If a person fails to pay the tax in the time allowed in section 39-28.5-106
(2), a penalty equal to ten percent of such tax plus one-half of one percent per month from the date when due, not to exceed eighteen percent in the aggregate, together with interest on such delinquent taxes at the rate computed under section 39-21-110.5, shall apply.
(c) In computing and assessing the penalty, penalty interest, and interest
pursuant to paragraph (b) of this subsection (2), the executive director of the department may make an estimate, based upon such information as may be available, of the amount of taxes due for the period for which the taxpayer is delinquent.
Source: L. 86: Entire article added, p. 1116, � 13, effective July 1. L. 87: (2)
R&RE, p. 1467, � 4, effective April 16. L. 2023: (1) amended, (HB 23-1015), ch. 142, p. 611, � 8, effective January 1, 2024.
39-28.5-111. Federal requirements - affixing labels - penalty. (1) No person
shall import into this state any tobacco product that violates any federal requirement for the placement of labels, warnings, or other information, including health hazards, required to be placed on the container or individual package.
(2) No person shall sell or offer to sell any tobacco product unless the
package or container of the tobacco product complies with all federal tax laws, federal trademark and copyright laws, and federal laws regarding the placement of labels, warnings, or any other information upon a package or container of tobacco products.
(3) No person shall sell or offer to sell any tobacco product if the package or
container is marked as manufactured for use outside of the United States or if any label or language has been altered from the manufacturer's original packaging and labeling to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(4) (a) No person shall affix a stamp, label, or decal on a package or
container of tobacco products to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(b) No person shall sell or offer to sell any tobacco product on which a
stamp, label, or decal was affixed to conceal the fact that the package or container of tobacco products was manufactured for use outside of the United States.
(5) The violation of any provision of this section is a class 2 misdemeanor.
(6) (a) Any package or container of tobacco products found at any place in
this state that is marked for use outside of the United States is declared to be contraband goods and may be seized without a warrant by the department, its agents or employees, or by any peace officer in this state when directed or requested by the department to do so. Nothing in this section shall be construed to require the department to confiscate packages or containers of tobacco products that are so marked when it has reason to believe that the owner possesses the tobacco products for personal use and not for resale.
(b) Any tobacco products seized by virtue of the provisions of this subsection
(6) shall be confiscated, and the department shall destroy such confiscated goods.
Source: L. 99: Entire section added, p. 93, � 2, effective March 24. L. 2021: (5)
amended, (SB 21-271), ch. 462, p. 3297, � 699, effective March 1, 2022.
Cross references: For the penalties for class 2 misdemeanors, see � 18-1.3-501.
39-28.5-112. List of licensed distributors and remote retail sellers -
published on website. The department shall publish on its website a list of the names and addresses of all licensed distributors and remote retail sellers. The list shall be updated within seven days of any changes to the list.
Source: L. 2009: Entire section added, (HB 09-1173), ch. 372, p. 2018, � 7,
effective August 5. L. 2023: Entire section amended, (HB 23-1015), ch. 142, p. 611, � 9, effective January 1, 2024.
ARTICLE 28.6
Nicotine Products Tax
Editor's note: Section 27(2) of chapter 248 (HB 20-1427), Session Laws of
Colorado 2020, provides that this article takes effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401. The ballot issue, referred to the voters as proposition EE, was approved on November 3, 2020, and was proclaimed by the Governor on December 31, 2020. The vote count for the measure was as follows:
FOR: 2,134,608
AGAINST: 1,025,182
39-28.6-101. Legislative declaration. (1) The general assembly hereby finds
and declares that:
(a) Nicotine is a highly addictive and toxic substance;
(b) There has been a significant increase in the use of electronic cigarettes,
which heat nicotine, flavorings, and other chemicals to create an aerosol that is inhaled;
(c) Children in middle school and high school have reported using electronic
cigarettes at alarming rates, and studies have linked electronic cigarette use among youth to nicotine addiction and cigarette smoking;
(d) The long-term health risks of this use are unknown, but electronic
cigarette aerosol can contain harmful and potentially harmful substances including nicotine, cancer-causing chemicals, heavy metals, flavoring chemicals, ultrafine particles, and volatile organic compounds;
(e) Yet nicotine products are not subject to the same excise tax as cigarettes
and tobacco products;
(f) Taxing nicotine products at the wholesale level will increase the total
cost, which may serve as a deterrent to children and adolescents and in turn prevent and reduce consumption; and
(g) Revenue from the tax can be used toward positive outcomes in children's
lives.
(2) Therefore, the general assembly intends to create a tax on nicotine
products so that they are taxed in the same manner as tobacco products, including the licensing requirements that facilitate the collection of the tax.
Source: L. 2020: Entire article added, (HB 20-1427), ch. 248, p. 1197, � 18,
effective January 1, 2021.
39-28.6-102. Definitions. As used in this article 28.6, unless the context
otherwise requires:
(1) Delivery sale means a sale of nicotine products to a consumer in this
state when:
(a) The consumer submits an order for the nicotine products to a delivery
seller for sale by means other than an over-the-counter sale on the delivery seller's premises, including, but not limited to, telephone or other voice transmission, the mail or other delivery service, or the internet or other online service; and
(b) The nicotine products are delivered when the seller is not in the physical
presence of the consumer when the consumer obtains possession of the nicotine products by use of a common carrier, private delivery service, mail, or any other means.
(2) Delivery seller means a person located outside of this state who makes
delivery sales.
(3) Department means the department of revenue.
(4) Distributor means every person who:
(a) First receives nicotine products in this state;
(b) Sells nicotine products in this state and is primarily liable for the nicotine
products tax on the nicotine products;
(c) First sells or offers for sale in this state nicotine products imported into
this state from any other state or country; or
(d) Makes a delivery sale.
(5) (a) Manufacturer's list price means, except as provided in subsections
(5)(b) and (5)(c) of this section, the invoice price for which a manufacturer or supplier sells a nicotine product to a distributor exclusive of any discount or other reduction.
(b) For a delivery seller, if determ
C.R.S. § 39-3-112
39-3-112. Residential property - orphanage - low-income elderly or individuals with disabilities - homeless or abused - low-income households - charitable purposes - exemption - limitations - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Area median income means the median income of the county in which
the property is located in relation to family size, as published annually by the United States department of housing and urban development.
(a.3) Disabled means that an individual is unable to engage in any
substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted for a continuous period of not less than twelve months.
(a.5) Elderly or disabled low-income residential facility means a facility, a
portion of which is operated as a residential facility for elderly individuals or individuals with disabilities who meet the requirements of sub-subparagraph (A) of subparagraph (II) of paragraph (a) of subsection (3) of this section, which portion houses only such persons, exclusive of necessary housing facilities for resident managerial personnel, and the rest of which is operated as a health-care facility which is licensed by the state of Colorado.
(b) Family service facility means a facility that is operated as a residential
facility for single-parent families; that houses only such families, exclusive of necessary housing facilities for resident managerial personnel; that provides, in addition to housing, counseling in such areas as career development, parenting skills, and financial budgeting; and that is a child care center licensed pursuant to section 26.5-5-309.
(b.3) Low-income household means an individual or family whose total
income is no greater than thirty percent of the area median income.
(b.5) Low-income household residential facility means a facility:
(I) That is operated as a residential facility for low-income households;
(II) For which the published rent schedule includes rents that a low-income
household can afford by expending no more than thirty percent of the low-income household's total income for rent and utilities; and
(III) For which the owner of the facility has shown that the rent for the facility
for which the exemption authorized in subsection (2) of this section applies is lower than the rent for a comparable facility for which said exemption does not apply by an amount equal to at least the value of said exemption.
(c) Transitional housing facility means a facility that:
(I) Is operated as a residential facility for single individuals or families, or
both, who are homeless, who have resided within the past six months in a shelter for the homeless, or who have been abused, and whose incomes are as specified in sub-subparagraph (A) of subparagraph (II) of paragraph (a) of subsection (3) of this section;
(II) Has as its purpose to facilitate the achievement of independent living by
such individuals and families within a twenty-four-month period; and
(III) Provides counseling in such areas as career development, parenting
skills, and financial budgeting, whether at such facility or at another location.
(2) Property, real and personal, which is owned and used solely and
exclusively for strictly charitable purposes and not for private gain or corporate profit shall be exempt from the levy and collection of property tax if such property is residential and is occupied, owned, and operated in accordance with the requirements set forth in subsection (3) of this section.
(3) In order for property to be exempt from the levy and collection of
property tax pursuant to subsection (2) of this section, the administrator must find, pursuant to section 39-2-117, that:
(a) The residential structure is:
(I) Occupied as an orphanage; or
(II) Occupied by:
(A) Single individuals who are sixty-two years of age or older or who are
disabled, or a family, the head of which, or whose spouse, is sixty-two years of age or older or is disabled, and whose incomes are within one hundred fifty percent of the limits prescribed for similar individuals or families who occupy low-rent public housing operated by a city or county housing authority which is nearest in distance to such structure; or
(B) Single-parent families whose incomes are as specified in sub-subparagraph (A) of this subparagraph (II) and who occupy a family service facility
which is owned and operated by an organization which is exempt from federal income tax pursuant to the provisions of section 501 (c)(3) of the Internal Revenue Code of 1986, as amended; or
(C) Single individuals or families who occupy a transitional housing facility
which is owned and operated by an organization which is exempt from federal income tax pursuant to the provisions of section 501 (c)(3) of the Internal Revenue Code of 1986, as amended; or
(D) Low-income households who occupy a low-income household residential
facility.
(b) The residential structure is efficiently operated. Efficient operation is
determined by the following factors:
(I) That the costs of operation, including salaries, are reasonable based upon
the services and facilities provided and as compared with the costs of operation of any comparable public institution;
(II) That such operations do not materially enhance, directly or indirectly, the
private gain of any individual except as reasonable compensation for services rendered or goods furnished;
(III) That the property on which the exemption is claimed does not exceed
the amount of property reasonably necessary for the accomplishment of the exempt purpose; and
(IV) That the owners and operators of the residential structure have no
occupancy requirement that discriminates upon the basis of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, national origin, or ancestry; however, if the owner or sponsoring organization is a religious denomination, said owners or operators may give preference to members of that denomination.
(c) The property is owned:
(I) By a nonprofit corporation of which:
(A) No part of the net earnings of such corporation inures to the benefit of
any private shareholder; and
(B) Property owned by such corporation is irrevocably dedicated to
charitable, religious, or hospital purposes and no portion of its assets will inure to the benefit of any private person upon the liquidation, dissolution, or abandonment of such corporation; or
(II) (A) With respect to residential structures specified in subsections
(3)(a)(II)(A), (3)(a)(II)(C), and (3)(a)(II)(D) of this section during any compliance period, as defined by section 42 (i)(1) of the Internal Revenue Code of 1986, as amended, including any extended use period provided under section 42 of the Internal Revenue Code of 1986, as amended, by any domestic or foreign limited partnership of which any nonprofit corporation that satisfies the provisions of subsection (3)(c)(I) of this section is a general partner and that was formed for the purpose of obtaining, and has been allocated, low-income housing credits pursuant to section 42 of the Internal Revenue Code of 1986, as amended.
(B) For property tax years commencing prior to January 1, 2019, this
subsection (3)(c)(II) shall not apply if, during such compliance period, such domestic or foreign limited partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during such compliance period. If the administrator determines that, as specified in this subsection (3)(c)(II)(B), income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator shall revoke the property tax exemption for the residential property and property taxes shall be levied and collected against the residential property which would have otherwise been levied and collected from the date on which the exemption was initially granted plus all delinquent interest as provided for by law.
(B.5) For property tax years commencing on or after January 1, 2019, this
subsection (3)(c)(II) shall not apply if, during such compliance period, such domestic or foreign limited partnership which owns the residential structure distributes income or has income available for distribution to its partners or if the residential structure is sold or otherwise disposed of during such compliance period. If the administrator determines that, as specified in this subsection (3)(c)(II)(B.5), income has been distributed or has been available for distribution or the residential property has been sold or otherwise disposed of, the administrator shall either revoke the property tax exemption for the residential property as of the date income becomes available for distribution or terminate the exemption as of the date the property is transferred.
(C) The provisions of this subparagraph (II) shall apply to applications for
exemption made pursuant to section 39-2-117 which are filed on and after January 1, 1991, or which are pending on said date; or
(III) (A) With respect to residential structures specified in sub-subparagraphs
(A), (C), and (D) of subparagraph (II) of paragraph (a) of this subsection (3), by any domestic or foreign limited partnership of which all of the general and limited partners are nonprofit corporations that satisfy the provisions of subparagraph (I) of this paragraph (c).
(B) The provisions of this subparagraph (III) shall apply to applications for
exemption made pursuant to section 39-2-117 which are filed on or after January 1, 1993, or which are pending on said date; or
(IV) (A) With respect to elderly or disabled low-income residential facilities
or low-income household residential facilities, during any compliance period, as defined by section 42 (i)(1) of the Internal Revenue Code of 1986, as amended, including any extended use period provided under section 42 of the Internal Revenue Code of 1986, as amended, by any domestic or foreign limited partnership so long as each of the general partners of such limited partnership is a for-profit corporation, seventy-five percent or more of the outstanding voting stock of which is owned by, and seventy-five percent or more of the members of the board of directors of which is elected by, one or more nonprofit corporations that satisfy the provisions of subsection (3)(c)(I) of this section and so long as such limited partnership was formed for the purpose of obtaining, and the structure that is owned by such limited partnership has been allocated, low-income housing credits pursuant to section 42 of the Internal Revenue Code of 1986, as amended.
(B) The provisions of this subparagraph (IV) shall not apply if, during any
compliance period: Any of the general partners of the domestic or foreign limited partnership which owns the residential structure specified in sub-subparagraph (A) of this subparagraph (IV) cease to meet the requirements specified in sub-subparagraph (A) of this subparagraph (IV); the domestic or foreign limited partnership which owns such residential structure distributes cash or other property to its partners; or such residential structure is sold or otherwise disposed of.
(C) Upon a determination by the administrator that any of the events
specified in sub-subparagraph (B) of this subparagraph (IV) have occurred, the administrator shall revoke the property tax exemption for the residential facility specified in sub-subparagraph (A) of this subparagraph (IV), and property taxes shall be levied and collected against such residential facility in the amount which would have otherwise been levied and collected from the date on which such exemption was initially granted, and all delinquent interest provided by law shall apply to such taxes.
(D) The provisions of this subparagraph (IV) shall apply to applications for
exemption made pursuant to section 39-2-117 which are filed on or after January 1, 1993, or which are pending on such date.
(4) In the event the occupants of the residential structure include both
persons who are qualified pursuant to paragraph (a) of subsection (3) of this section and persons who are not qualified, the portion of such residential structure that is utilized by qualified occupants shall be deemed to be property used solely and exclusively for strictly charitable purposes and not for private gain or corporate profit, and such portion, but only such portion, shall be exempt pursuant to the provisions of subsection (2) of this section. The determination as to what portion of such structure is so utilized shall be made by the administrator on the basis of the facts existing on the annual assessment date for such property, and the administrator shall have the authority to determine a ratio which reflects the value of the nonexempt portion of such structure in relation to the total value of the whole structure and the land upon which such structure is located and which is identical to the ratio of the number of residential units occupied by nonqualified occupants to the total number of occupied residential units in such structure.
(4.5) No requirement shall be imposed that use of property which is
otherwise exempt pursuant to the provisions of this section shall benefit the people of Colorado in order to qualify for said exemption.
(5) Any exemption claimed pursuant to the provisions of this section shall
comply with the provisions of section 39-2-117.
(6) For purposes of processing applications received for the exemption
authorized by subsection (2) of this section for low-income household residential facilities, the department of local affairs shall contract with an independent contractor for the performance of the application processing services in accordance with section 24-50-504, C.R.S. Said contract shall be limited to a term of one year and shall commence when the exemption for low-income household residential facilities first becomes available.
Source: L. 89: Entire article R&RE, p. 1473, � 1, effective April 23. L. 90: (4.5)
added, p. 1713, � 6, effective June 9. L. 91: (1)(c) added and (3)(a) and (3)(c) amended, p. 1957, �� 4, 5, effective June 7. L. 92: (3)(c)(II)(B) amended, p. 2223, � 3, effective April 9. L. 93: (1)(a.5), (3)(c)(III), and (3)(c)(IV) added and (3)(c)(II)(C) amended, p. 432, �� 1, 2, effective April 19. L. 95: (1)(c), (3)(c)(II)(A), and (3)(c)(III)(A) amended, p. 1391, � 1, effective June 5. L. 2001: (1)(a), (3)(c)(II)(A), (3)(c)(III)(A), and (3)(c)(IV)(A) amended and (1)(a.3), (1)(b.3), (1)(b.5), (3)(a)(II)(D), and (6) added, pp. 1520, 1521, �� 1, 2, 3, effective August 8. L. 2008: (3)(b)(IV) amended, p. 1604, � 34, effective May 29. L. 2014: (1)(a.5) amended, (SB 14-118), ch. 250, p. 986, � 24, effective August 6. L. 2019: IP(3) and (3)(c)(II)(B) amended and (3)(c)(II)(B.5) added, (HB 19-1319), ch. 200, p. 2164, � 4, effective September 1. L. 2021: IP(3) and (3)(b)(IV) amended, (HB 21-1108), ch. 156, p. 897, � 45, effective September 7. L. 2022: (3)(c)(II)(A) and (3)(c)(IV)(A) amended, (HB 22-1392), ch. 412, p. 2911, � 1, effective June 7; (1)(b) amended, (HB 22-1295), ch. 123, p. 866, � 126, effective July 1.
Editor's note: This section is similar to former � 39-3-101 (1)(g) as it existed
prior to 1989.
Cross references: (1) For the legislative declaration contained in the 2008
act amending subsection (3)(b)(IV), see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) For the legislative declaration in HB 19-1319, see section 1 of chapter 200,
Session Laws of Colorado 2019.
(3) For the legislative declaration in HB 21-1108, see section 1 of chapter 156,
Session Laws of Colorado 2021.
C.R.S. § 39-3-113.5
39-3-113.5. Property acquired by nonprofit housing provider for low-income housing - use for charitable purposes - exemption - limitations - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Area median income means the median income of any county in which
property is located in relation to family size, as published annually by the United States department of housing and urban development.
(a.5) Community land trust means a nonprofit organization that is exempt
from taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, and is designed to ensure long-term housing affordability through a shared-equity model by acquiring and maintaining ownership of real property, while selling the improvements to low-to-middle income households for use as a primary residence.
(b) Indicators of intent means off-site activities of a nonprofit housing
provider that establish the provider's specific intent to:
(I) Use property for the purpose of constructing or rehabilitating housing to
be sold to low-income applicants; or
(II) Sell the property to low-income applicants for the purpose of
constructing or rehabilitating housing for the low-income applicants.
(b.5) Land lease means a long-term lease used in affordable
homeownership properties to lease the real property that is owned by a community land trust or nonprofit affordable homeownership developer to the owner of the improvements on the real property and preserve the improvements as an affordable homeownership property.
(c) Low-income applicant means:
(I) For property tax years commencing before January 1, 2024, an individual
or family whose total income is no greater than eighty percent of the area median income and who applies to a nonprofit housing provider to assist in the construction and purchase of housing to be constructed by the provider; and
(II) For property tax years commencing on or after January 1, 2024, an
individual or family who both apply to a nonprofit housing provider to purchase an affordable for-sale unit and whose total income is at or below either:
(A) One hundred percent of the area median income of households of the
same size in the county in which the housing is located; or
(B) One hundred twenty percent of the area median income of households of
the same size in the county in which the housing is located, if the individual or family resides in a county classified as a rural resort community by the division of housing pursuant to section 29-4-1107 (1)(d).
(d) Nonprofit housing provider means an organization that is exempt from
federal income tax pursuant to section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, and that has a primary organizational mission of:
(I) Working with low-income applicants to construct or rehabilitate housing
that the organization then sells to the low-income applicants for their residential use; or
(II) Selling property or improvements to low-income applicants for the low-income applicants' residential use.
(2) (a) Subject to the limitations specified in subsection (3) of this section, for
property tax years commencing on or after January 1, 2011, real property acquired by a nonprofit housing provider upon which the provider intends to construct or rehabilitate housing to be sold to low-income applicants or which the provider intends to sell to low-income applicants for their residential use is deemed to be being used for strictly charitable purposes, regardless of whether or not there is actual physical use of the property, and shall be exempt from property taxation in accordance with section 5 of article X of the state constitution.
(b) (I) For property tax years commencing on or after January 1, 2024, the
property tax exemption described in this section applies from when the nonprofit housing provider claims the exemption, through construction, rehabilitation, or improvement of the property, until the provider sells, transfers, donates, or leases the property.
(II) If property is sold by a nonprofit housing provider to a low-income
applicant, the property may qualify for the property tax exemption described in this section until a certificate of occupancy is issued for the property; except that property may not qualify for the property tax exemption described in this section more than one year after the provider sells the property to the low-income applicant.
(c) (I) For property tax years commencing on or after January 1, 2011, but
before January 1, 2024, in determining whether a nonprofit housing provider satisfies the intent requirement of subsection (2)(a) of this section with respect to particular property, the administrator may consider indicators of intent, including but not limited to:
(A) The establishment by the nonprofit housing provider of a committee or
other structure for the purpose of planning the construction or rehabilitation of housing on the property;
(B) Steps taken by the nonprofit housing provider to obtain any required
local government approvals for the construction or rehabilitation of housing on the property;
(C) Steps taken by the nonprofit housing provider to develop and implement
a financing plan for the construction or rehabilitation of housing on the property;
(D) The hiring of architects, contractors, or other professionals by the
nonprofit housing provider in preparation for the actual construction or rehabilitation of housing on the property; and
(E) The solicitation or acceptance by the nonprofit housing provider of
applications from low-income applicants for housing to be constructed or rehabilitated on the property.
(II) For property tax years commencing on or after January 1, 2024, in
determining whether a nonprofit housing provider satisfies the intent requirement of subsection (2)(a) of this section with respect to particular property, the administrator may consider indicators of intent, including but not limited to:
(A) A land donation agreement between the landowner and the nonprofit
housing provider that outlines the purpose of the property donation;
(B) A resolution by the nonprofit housing provider's board that designates
the property for construction or rehabilitation of for-sale affordable housing; or
(C) A resolution by the nonprofit housing provider's board that approves the
purchase of the property for land banking with the purpose of constructing or rehabilitating for-sale affordable housing.
(3) (a) For property tax years commencing on or after January 1, 2011, but
before January 1, 2024, the property tax exemption described in this section is subject to the following limitations:
(I) The exemption may be allowed for a maximum of five consecutive
property tax years, beginning with the property tax year in which the nonprofit housing provider obtained title to the property; and
(II) If the nonprofit housing provider is allowed an exemption for any property
tax year and subsequently sells, donates, or leases the property to any person other than a low-income applicant who assisted or will assist in the construction of housing for the applicant's residential use on the property, the provider shall be liable for all property taxes that the provider did not previously pay due to the exemption.
(b) For property tax years commencing on or after January 1, 2024, the
property tax exemption described in this section is subject to the following limitations:
(I) For nonprofit housing providers who have not previously claimed the
property tax exemption, the exemption may be allowed for a maximum of ten consecutive property tax years, beginning with the property tax year in which the nonprofit housing provider claimed the exemption;
(II) For nonprofit housing providers who have previously claimed the property
tax exemption, the exemption may be allowed for a maximum of five consecutive property tax years, in addition to the five-year period described in subsection (3)(a)(I) of this section; and
(III) The nonprofit housing provider is liable for all property taxes that the
provider did not previously pay due to the exemption if the provider sells, donates, or leases the property to anyone other than:
(A) A low-income applicant who purchased the property; or
(B) A community land trust or nonprofit housing provider intending to sell the
improvements on the property to a low-income applicant and lease the underlying land to the low-income applicant through a land lease.
Source: L. 2011: Entire section added, (HB 11-1241), ch. 248, p. 1082, � 1,
effective August 10. L. 2013: (1)(b), (1)(c), (1)(d), IP(2), and (3)(b) amended, (HB 13-1246), ch. 203, p. 845, � 1, effective August 7. L. 2023: (1)(a.5) and (1)(b.5) added and (1)(c), (1)(d)(II), (2), and (3) amended (HB 23-1184), ch. 260, p. 1502, � 2, effective August 7.
C.R.S. § 39-30-104
39-30-104. Credit against tax - investment in certain property - definitions - repeal. (1) (a) (I) There is allowed to any person as a credit against the tax imposed by article 22 of this title 39, for income tax years commencing on or after January 1, 1986, an amount equal to the total of three percent of the total qualified investment, as determined under section 46 (c)(2) of the federal Internal Revenue Code of 1986, as amended, in such taxable year in qualified property as defined in section 48 of the internal revenue code to the extent that such investment is in property that is used solely and exclusively in an enterprise zone for at least one year. The references in this subsection (1) to sections 46 (c)(2) and 48 of the internal revenue code mean sections 46 (c)(2) and 48 of the internal revenue code as they existed immediately prior to the enactment of the federal Revenue Reconciliation Act of 1990.
(II) (A) Notwithstanding subsection (1)(a)(I) of this section, for credits allowed
beginning in income tax years commencing on or after January 1, 2026, a taxpayer is not allowed a total credit amount against the tax imposed by article 22 of this title 39 pursuant to subsection (1)(a)(I) of this section in excess of two million dollars and a taxpayer may not claim a credit pursuant to this subsection (1)(a) if the qualified property is directly used in the retail sale of gasoline or diesel fuel for use in motor vehicles or a wireless telecommunications facility.
(B) A taxpayer may seek a waiver of the limitation on the amount of credit
established in subsection (1)(a)(II)(A) of this section by completing a written application to the Colorado economic development commission for permission to be allowed a credit in excess of that limitation for the income tax year in which the total qualified investment is made. The application must include identification of the substantial positive impact that the waiver of the limitation would have on investments and on well-paying jobs in the enterprise zone, documentation that demonstrates that without the waiver of the limitation the substantial positive impact on investments and on well-paying jobs in the enterprise zone is not likely to occur, and information that the waiver of the limitation is a substantial factor in the taxpayer's decision to make a qualified investment in the start-up, retention, expansion, or relocation of the taxpayer's business, such that without the waiver the taxpayer is not likely to make the qualified investment. In deciding whether to grant the waiver of the limitation, the commission must consider the overall economic health of this state and the economic viability of the arguments made by the taxpayer in support of the taxpayer's application. The Colorado economic development commission may require the taxpayer to provide an independent analysis, at the taxpayer's expense, that substantiates the taxpayer's arguments in support of the application. The taxpayer's application must be considered at a regularly scheduled meeting of the Colorado economic development commission at which the public is allowed to comment.
(C) The Colorado economic development commission may allow all, part, or
none of a taxpayer's application to waive the limitation on the amount of credit established in subsection (1)(a)(II)(A) of this section. The Colorado economic development commission must issue a credit certificate that sets forth the amount of the credit that the taxpayer is allowed for the income tax year in which the total qualified investment is made. The taxpayer shall submit the credit certificate to the department of revenue with the taxpayer's income tax return for the tax year for which the Colorado economic development commission issued the credit certificate.
(D) If the Colorado economic development commission approves, in whole or
in part, a taxpayer's application to waive the limitation on the amount of credit established in subsection (1)(a)(II)(A) of this section, the Colorado economic development commission shall include its decision in the enterprise zone annual report to the general assembly, including the taxpayer's name, the amount of the credit that the commission allowed, and the Colorado economic development commission's justification for approving the application.
(E) For purposes of this subsection (1)(a), wireless telecommunications
facility or facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including macro and small wireless facilities, transceivers, antennas, backup power supplies, and comparable equipment, regardless of technological configuration; and the support structure or improvements on, under, or within which the equipment is collocated.
(b) (I) Except as provided in subparagraph (IV) of this paragraph (b), for
income tax years commencing on or after January 1, 2011, and for each income tax year thereafter, a commercial truck, truck tractor, tractor, or semitrailer with a gross vehicle weight rating of fifty-four thousand pounds or greater that is model year 2010 or newer and is designated as Class A personal property as specified in section 42-3-106 (2)(a), C.R.S., as well as any parts associated with the vehicle at the time of purchase, shall be deemed to be used solely and exclusively in an enterprise zone if it is licensed and registered within the state and predominantly housed and based at the taxpayer's business trucking facility within an enterprise zone for the twelve-month period following its purchase.
(II) The income tax credit for a qualified investment in a commercial truck,
truck tractor, tractor, or semitrailer with a gross vehicle weight rating of fifty-four thousand pounds or greater that is model year 2010 or newer and is designated as Class A personal property as specified in section 42-3-106 (2)(a), C.R.S., as well as any parts associated with the vehicle at the time of purchase, shall be allowed in an amount equal to one and one-half of one percent of the total qualified investment if the model year of the commercial truck, truck tractor, tractor, or semitrailer was sold as new during such income tax year;
(III) For purposes of this paragraph (b), facility means any factory, mill,
plant, refinery, warehouse, feedlot, building, or complex of buildings located within the state, including the land on which such facility is located and all machinery, equipment, and other real and tangible personal property located at or within such facility and used in connection with the operation of such facility, which facility the taxpayer owns, rents, or leases in the business's name at which continuous and ongoing operational activities of the business are maintained and at which at least one full-time employee of the business is employed.
(IV) To qualify for the tax credit granted under this paragraph (b), a claimant
shall be certified by the Colorado economic development commission created in section 24-46-102, C.R.S.
(V) The Colorado economic development commission shall certify people
eligible for the income tax credit granted in this paragraph (b) but shall not certify the income tax credit granted in this paragraph (b) if the certification results in more credits being claimed than are allocated pursuant to section 42-1-225, C.R.S.
(VI) To implement this section, the Colorado economic development
commission shall track the amount of the credits authorized and, by January 30 of each year, transmit to the state treasurer a statement of the amount of tax credits certified pursuant to this paragraph (b) for the previous year.
(VII) No later than September 1, 2012, and no later than September 1 of each
year thereafter through September 1, 2014, the Colorado economic development commission shall provide the department of revenue with an electronic report of the taxpayers receiving a credit allowed in this paragraph (b) for the preceding calendar year or any fiscal year ending in the preceding calendar year and any credits disallowed pursuant to subparagraph (V) of this paragraph (b). The report shall contain the following information:
(A) The taxpayer's name;
(B) The taxpayer's Colorado account number and federal employer
identification number;
(C) The amount of the credit allowed in this section; and
(D) Any associated taxpayers' names, Colorado account numbers, and
federal employer identification numbers or social security numbers, if the credit allowed in this section is allocated from a pass-through entity.
(2) (a) and (b) Repealed.
(c) (I) For income tax years commencing on or after January 1, 2014, except
as provided in sections 24-46-104.3 and 24-46-108 and subsection (2)(c)(II) of this section, the amount that may be claimed by a taxpayer for an income tax year and that is not applied or refunded under section 24-46-108 is limited to the lesser of:
(A) The sum of up to five thousand dollars of the taxpayer's actual tax
liability for the income tax year plus fifty percent of any portion of the tax liability for the income tax year that exceeds five thousand dollars; or
(B) Seven hundred fifty thousand dollars plus any investment tax credit
carryovers previously allowed in subsection (2.5) of this section for investments made in income tax years commencing before January 1, 2014.
(II) (A) A taxpayer may seek a waiver of the limitation specified in
subparagraph (I) of this paragraph (c) by completing a written application to the Colorado economic development commission for permission to claim a credit in excess of such limit for the income tax year in which the total qualified investment is made. The application must include an identification of the substantial positive impact the waiver of the limitation would have on investments and on well-paying jobs in the enterprise zone, documentation that demonstrates that without the waiver of the limitation the substantial positive impact on investments and on well-paying jobs in the enterprise zone is not likely to occur, and information that the waiver of the limitation is a substantial factor to the start-up, expansion, or relocation of the taxpayer's business, that receipt of the waiver of the limitation is a major factor in the taxpayer's decision, and that without the waiver of the limitation the taxpayer is not likely to make the qualified investment. In deciding whether to grant the waiver of the limitation, the commission must consider the overall economic health of this state and the economic viability of the arguments made by the taxpayer in support of the taxpayer's application. The Colorado economic development commission may require the taxpayer to provide an independent analysis, at the taxpayer's expense, substantiating the taxpayer's arguments in support of the application. The taxpayer's application must be considered at a regularly scheduled meeting of the Colorado economic development commission where the public is allowed to comment.
(B) The Colorado economic development commission may allow all, part, or
none of a taxpayer's application to waive the limitation specified in subparagraph (I) of this paragraph (c). The Colorado economic development commission shall issue a credit certificate that sets forth the amount of the credit that the taxpayer may claim for the income tax year in which the total qualified investment is made. The credit certificate shall be submitted by the taxpayer to the department of revenue with the taxpayer's income tax return for the tax year for which the credit certificate is issued.
(C) In the event the Colorado economic development commission approves a
taxpayer's application to waive the limitation specified in subparagraph (I) of this paragraph (c), the Colorado economic development commission shall include its decision in the enterprise zone annual report to the general assembly specified in section 39-30-103 (4)(b.7), including the taxpayer's name, the amount of the credit that the commission allowed the taxpayer to claim, and the Colorado economic development commission's justification for approving the application.
(III) (A) Except as otherwise provided in sections 24-46-104.3 and 24-46-108
and subsection (2)(c)(III)(B) of this section, any excess credit allowed pursuant to this subsection (2)(c) shall be an investment tax credit carryover to each of the fourteen income tax years following the unused credit year.
(B) Except as otherwise provided in section 24-46-104.3, any excess credit
allowed pursuant to this subsection (2)(c) for a renewable energy investment made in an income tax year commencing before January 1, 2018, shall be an investment tax credit carryover for twenty-two income tax years following the year the credit was originally allowed.
(IV) The limitation contained in this subsection (2)(c) on the amount a
taxpayer may claim for the income tax year in which the total qualified investment is made does not limit the total amount of the credit allowed under subsection (1)(a) of this section, nor does it limit the ability of a taxpayer to carry over a credit to subsequent tax years as allowed in subsection (2)(c)(III) of this section or previously allowed in subsection (2.5) of this section for investments made in income tax years commencing before January 1, 2014.
(V) In computing the amount that may be claimed by a taxpayer pursuant to
this paragraph (c), a taxpayer's actual tax liability for the income tax year shall be derived from the calculated tax before any reduction of credits.
(2.5) (a) (I) Notwithstanding section 39-22-507.5 (7)(b), except as provided in
section 24-46-107 and except as otherwise provided in subsections (2.5)(a)(II) and (2.5)(b) of this section, any excess credit allowed pursuant to this section for an investment made in an income tax year commencing before January 1, 2014, shall be an investment tax credit carryover to each of the twelve income tax years following the unused credit year.
(II) Except as provided in section 24-46-107, any excess credit claimed
pursuant to this section for a renewable energy investment made in an income tax year commencing before January 1, 2014, is an investment tax credit carryover for twenty income tax years following the year the credit was originally allowed.
(b) (I) For income tax years commencing on or after January 1, 2011, but prior
to January 1, 2014, any taxpayer that is eligible to claim a credit pursuant to subsection (1) of this section in excess of five hundred thousand dollars shall defer claiming any amount of the credit allowed pursuant to this section that exceeds five hundred thousand dollars until an income tax year commencing on or after January 1, 2014. The five-hundred- thousand-dollar limitation specified in this subsection (2.5)(b) applies to any credit allowed in the income tax years commencing on or after January 1, 2011, but prior to January 1, 2014, including any amount carried forward from a prior year.
(II) Except as provided in section 24-46-107 and subsection (2.5)(b)(III) of this
section, a taxpayer that deferred claiming any credit in excess of five hundred thousand dollars during an income tax year commencing on or after January 1, 2011, but prior to January 1, 2014, pursuant to subsection (2.5)(b)(I) of this section shall be allowed to claim the deferred credit as an investment tax credit carryover for twelve income tax years following the year the credit was originally allowed plus one additional income tax year for each income tax year that the credit was deferred pursuant to subsection (2.5)(b)(I) of this section.
(III) Except as provided in section 24-46-107, a taxpayer is allowed to claim
the deferred credit described in subsection (2.5)(b)(II) of this section for a renewable energy investment made in an income tax year commencing before January 1, 2014, as an investment tax credit carryover for twenty income tax years following the year the credit was originally allowed plus one additional income tax year for each income tax year that the credit was deferred pursuant to subsection (2.5)(b)(I) of this section.
(c) This subsection (2.5) is repealed, effective January 1, 2040.
(2.6) (a) Except as provided in section 24-46-104.3 and subsection (2.6)(b) of
this section and notwithstanding any other provision in this section, in each income tax year commencing on or after January 1, 2015, but before January 1, 2021, a taxpayer who places a new renewable energy investment in service on or after January 1, 2015, but before January 1, 2021, that results in a credit pursuant to subsection (1) of this section may elect to receive a refund of eighty percent of the amount of such credit as specified in this subsection (2.6)(a) and forego the remaining twenty percent as a cost of such election. If eighty percent of the amount of the credit in subsection (1) of this section is:
(I) Seven hundred fifty thousand dollars or less, the taxpayer receives the
full refund in the first tax year; or
(II) More than seven hundred fifty thousand dollars, the taxpayer annually
receives a refund not to exceed seven hundred fifty thousand dollars per income tax year until eighty percent of the amount of the credit in subsection (1) of this section for the new renewable energy investment described in the final certification is completely refunded to the taxpayer.
(b) A taxpayer may make the election allowed in paragraph (a) of this
subsection (2.6) for more than one new renewable energy investment per income tax year. If a taxpayer makes an election allowed in paragraph (a) of this subsection (2.6) for more than one new renewable energy investment, then the taxpayer may only receive the refund allowed in said paragraph (a) for any subsequent new renewable energy investment after the eighty percent of the amount of the credit for the previous new renewable energy investment is completely refunded to the taxpayer. Under no circumstances may a taxpayer making the required election specified in paragraph (a) of this subsection (2.6) receive refunds allowed pursuant to this subsection (2.6) totaling more than seven hundred fifty thousand dollars per income tax year.
(c) The taxpayer makes an election described in paragraph (a) of this
subsection (2.6) by filing an election statement on such form as prescribed by the department of revenue not later than the due date, including extensions, for filing the tax return for the taxable year during which the new renewable energy investment described in the final certification is placed into service.
(d) The election described in paragraph (a) of this subsection (2.6) only
applies to the renewable energy investment described in the final certification.
(e) The limitations on investment tax credit carryovers specified in
subsections (2) and (2.5) of this section do not apply to any credit for which a taxpayer elects to seek a refund pursuant to this subsection (2.6). The refund specified in this subsection (2.6) is in addition to any other credits that a taxpayer may claim for other renewable energy investments pursuant to this section.
(f) For purposes of this subsection (2.6), unless the context otherwise
requires:
(I) Final certification means a document prepared by the Colorado office of
economic development and provided to the taxpayer granting approval for a project after it is placed in service.
(II) Taxpayer means the entire affiliated group if the taxpayer is part of an
affiliated group.
(2.7) (a) The Colorado economic development commission shall annually post
on its website or on the Colorado office of economic development's website the following information regarding any enterprise zone investment tax credit certified under this section:
(I) The enterprise zone for the certified credit;
(II) The name of the taxpayer or business;
(III) The type of business;
(IV) The tax year for which the credit is certified;
(V) The total qualified investment reported;
(VI) Whether the credit is for a renewable energy investment as defined in
subsection (2.8) of this section;
(VII) The number of employees or contractors hired for a qualified
investment;
(VIII) The number of construction personnel hired for a qualified investment;
(IX) The average salary or hourly wage of the employees, contractors, and
construction personnel hired for a qualified investment;
(X) Any landowner lease payments made or land purchased for a qualified
investment;
(XI) The estimated tax revenues the state and local governments will receive
as a result of the qualified investment;
(XII) Any other economic benefits resulting from the qualified investment;
(XIII) The amount of the qualified investment that qualifies for the credit;
(XIV) The calculated credit; and
(XV) The county where the qualified investment is made.
(b) The taxpayer who made the qualified investment shall use reasonable
efforts to obtain, estimate, and provide to the Colorado economic development commission the information required to be reported pursuant to this subsection (2.7).
(c) Notwithstanding section 24-1-136 (11), C.R.S., no later than November 1,
2020, and every November 1 thereafter, the Colorado economic development commission shall post on its website or on the Colorado office of economic development's website the level of renewable energy investment on and after June 5, 2015.
(2.8) For purposes of this section, renewable energy investment means an
investment that qualifies for the credit specified in paragraph (a) of subsection (1) of this section for projects that generate electricity from eligible energy resources as defined in section 40-2-124 (1), C.R.S.
(3) (Deleted by amendment, L. 96, p. 1127, � 4, effective July 1, 1996.)
(4) (a) (I) In addition to any other credit allowed under this section, for income
tax years commencing on or after January 1, 1997, but prior to January 1, 2014, there shall be allowed to any person as a credit against the tax imposed by article 22 of this title an amount equal to ten percent of the total investment made during the taxable year in a qualified job training program.
(II) In addition to any other credit allowed under this section, for income tax
years commencing on or after January 1, 2014, there shall be allowed to any person as a credit against the tax imposed by article 22 of this title an amount equal to twelve percent of the total investment made during the taxable year in a qualified job training program.
(b) For purposes of this subsection (4):
(I) Qualified job training program means a structured training or basic
education program conducted on-site or off-site by the taxpayer or another entity to improve the job skills of employees employed by the taxpayer working predominantly within an enterprise zone.
(II) Total investment means:
(A) Land, building, real property improvement, leasehold improvement, or
space lease costs and the costs of any capital equipment purchased or leased by the taxpayer and used entirely within an enterprise zone primarily for qualified job training program purposes or to make a training site accessible, when such costs are not the subject of a credit under subsection (1) of this section; and
(B) Expenses of a qualified job training program, whether incurred within or
outside of an enterprise zone, including expensed equipment, supplies, training staff wages or fees, training contract costs, temporary space rental, travel expenses, and other expense costs of qualified job training programs for employees working predominantly within an enterprise zone.
(5) and (6) Repealed.
(7) A person that claims a credit pursuant to section 39-22-551 is not
entitled to claim the credit allowed pursuant to this section for the same improvements for which a credit was allowed by that section. A person that claims a credit pursuant to section 39-22-552 or 39-22-553 is not entitled to claim the credit allowed pursuant to this section for the same project for which a credit was allowed by those sections.
Source: L. 86: Entire article added, p. 1141, � 1, effective July 1. L. 87: (3)
added, p. 1470, � 2, effective May 28. L. 91: (3) amended, p. 1988, � 7, effective April 20. L. 92: (2) amended, p. 2220, � 3, effective May 29. L. 96: Entire section amended, p. 1127, � 4, effective July 1. L. 97: (5) repealed, p. 1396, � 2, effective June 3. L. 2007: (6) amended, p. 352, � 9, effective August 3. L. 2009: (1) amended, (HB 09-1298), ch. 417, p. 2313, � 2, effective July 1, 2010. L. 2010: (2) and (2.5) amended, (HB 10-1200), ch. 321, p. 1495, � 1, effective May 27; (1)(b)(I), (1)(b)(II), and (1)(b)(IV) amended and (1)(b)(V), (1)(b)(VI), and (1)(b)(VII) added, (HB 10-1285), ch. 423, p. 2191, � 6, effective July 1. L. 2013: (2), (2.5)(a), and (4)(a) amended and (2.7) added, (HB 13-1142), ch. 224, p. 1049, � 4, effective May 15; (2)(c)(III), (2.5), and (2.7) amended and (2.8) added, (SB 13-286), ch. 302, pp. 1598, 1597, �� 2, 1, effective May 28. L. 2014: IP(2)(c)(I) and (2)(c)(I)(B) amended, (HB 14-1163), ch. 83, p. 326, � 1, effective March 27. L. 2015: (2.6) added and (2.7) and (2.8) amended, (HB 15-1219), ch. 314, p. 1279, � 2, effective June 5. L. 2017: (2.5)(a)(I) and IP(2.6)(a) amended, (HB 17-1356), ch. 237, p. 973, � 3, effective May 24. L. 2020: (2)(a) amended and (6) repealed, (HB 20-1166), ch. 103, p. 398, � 7, effective April 1; (2)(c)(III) and (2.5)(a)(I) amended, (HB 20-1177), ch. 118, p. 492, � 2, effective September 14. L. 2022: (2)(c)(III) and (2.5) amended, (HB 22-1418), ch. 427, p. 3023, � 4, effective August 10; (1)(a) amended and (2)(a) repealed, (HB 22-1025), ch. 145, p. 948, � 11, effective January 1, 2023. L. 2023: (7) added, (HB 23-1272), ch. 167, p. 816, � 22, effective May 11; IP(2)(c)(I), (2)(c)(III)(A), and (2.5)(a)(I) amended, (HB 23-1260), ch. 227, p. 1188, � 4, effective May 20. L. 2025: (1)(a), IP(2)(c)(I), (2)(c)(I)(B), (2)(c)(III), and (2)(c)(IV) amended, (2)(b) repealed, and (2.5) R&RE (HB 25-1296), ch. 202, p. 918, � 17, effective May 16.
Editor's note: Amendments to subsection (2.5) by House Bill 13-1142 and
Senate Bill 13-286 were harmonized.
Cross references: (1) For the federal Revenue Reconciliation Act of 1990,
see Pub.L. 101-508.
(2) For the legislative declaration in the 2013 act amending subsections (2),
(2.5)(a), and (4)(a) and adding subsection (2.7), see section 1 of chapter 224, Session Laws of Colorado 2013.
(3) For the legislative declaration in HB 15-1219, see section 1 of chapter 314,
Session Laws of Colorado 2015. For the legislative declaration in HB 23-1272, see section 1 of chapter 167, Session Laws of Colorado 2023. For the legislative declaration in HB 25-1296, see section 1 of chapter 202, Session Laws of Colorado 2025.
C.R.S. § 39-5-120
39-5-120. Tax schedules endorsed and filed - availability for inspection. All personal property schedules and exhibits or statements attached thereto returned to or secured by the assessor shall be endorsed with the name of the person whose taxable personal property is listed therein and shall be filed in either alphabetical or numerical order and retained for a period of six years, after which time they may be destroyed. Such schedules and accompanying exhibits or statements shall be considered private documents and shall be available on a confidential basis only to the assessor and the employees of his office, the treasurer and the employees of his office, the annual study contractor hired pursuant to section 39-1-104 (16) and his employees, the executive director of the department of revenue and the employees of his office, the administrator and the employees of his office, and the person whose taxable personal property is listed therein. Such exhibits or statements shall be available on a confidential basis to the board and the county board of equalization when information contained in such documents is pertinent to an appeal or protest.
Source: L. 64: R&RE, p. 703, � 1. C.R.S. 1963: � 137-5-20. L. 70: p. 389, � 1. L.
75: Entire section amended, p. 226, � 88, effective July 16. L. 76: Entire section amended, p. 761, � 22, effective January 1, 1977. L. 87: Entire section amended, p. 1417, � 2, effective March 13.
C.R.S. § 39-7-101
39-7-101. Statement of owner or operator. (1) Every operator of, or if there is no operator, every person owning any oil or gas leasehold or lands within this state, either as a single lease or as a unit, that are producing or are capable of producing oil or gas on the assessment date of any year, shall, no later than the fifteenth day of April of each year, prepare, sign under the penalty of perjury in the second degree, and file in person or by mail with the assessor of the county in which the wellhead producing the oil and gas leaseholds or lands is located a statement for the lease or unit. For purposes of this article, irrespective of the physical location of the producing leaseholds or lands, the point of taxation is the same as the point of valuation, which is the wellhead. The statement must be made on a form prescribed by the administrator, showing:
(a) The wellhead location thereof and the name thereof, if there is a name;
(b) The name, address, and fractional interest of the operator thereof;
(c) The number of barrels of oil, or the quantity of gas measured in
thousands of cubic feet, sold or transported from the wellhead during the calendar year immediately preceding, after separately reporting the number of barrels of oil, or the quantity of gas measured in thousands of cubic feet, delivered to the United States government or any agency thereof, the state of Colorado or any agency or political subdivision thereof, or any Indian tribe as royalty during the calendar year immediately preceding;
(d) The selling price at the wellhead. As used in this article, selling price at
the wellhead means the net taxable revenues realized by the taxpayer for sale of the oil or gas, whether such sale occurs at the wellhead or after gathering, transportation, manufacturing, and processing of the product. The net taxable revenues shall be equal to the gross lease revenues, minus deductions for gathering, transportation, manufacturing, and processing costs borne by the taxpayer pursuant to guidelines established by the administrator.
(e) The name, address, and fractional interest of each interest owner taking
production in kind and the proportionate share of total unit revenue attributable to each interest owner who is taking production in kind;
(f) A declaration made under the penalty of perjury in the second degree that
includes the following:
(I) A statement that the owner or operator has personally examined the
statement described in this section and that such statement sets forth, to the best of the owner's or operator's knowledge and belief, the information required by this section; and
(II) A statement by the owner or operator as follows:
No representations are made as to the accuracy of the value of any portion of the production from subject property that is taken in kind by any owner other than the undersigned.
(1.5) Any nonoperating interest owner in an oil or gas well may, on or before
the fifteenth day of March each year, submit to the operator by certified mail a report of the actual net taxable revenues received at the wellhead and the actual exempt revenues received at the wellhead by such owner for production taken in kind from the property during the calendar year immediately preceding. Operators shall use the information reported pursuant to this subsection (1.5) to determine the selling price at the wellhead. If any nonoperating interest owner fails to provide to the unit operator the information required under this subsection (1.5) by March 15 of each year, such operator shall use the selling price at the wellhead received by such operator for such operator's share of production from such unit in place of such nonreported information, and the amount of tax for which such nonreporting, nonoperating interest owner is liable shall be calculated based on the selling price at the wellhead reported by the operator.
(2) (a) If a statement of an owner or operator is not received or postmarked
on or before the fifteenth day of April of each year, the assessor may impose on such owner or operator a late filing penalty in the amount of one hundred dollars for each calendar day the statement is delinquent; except that such late filing penalty shall not exceed three thousand dollars in any calendar year. The assessor may grant an extension of time for filing a statement to any operator or owner. Any extension, and its length, shall be granted solely at the discretion of the assessor.
(b) This subsection (2) is effective January 1, 1997.
(3) (a) The assessor may require the owner or operator to submit written
documentation supporting the information provided in the statement. Such documentation shall be supplied within thirty days after either the date of the postmark on the assessor's written request for such documentation or the date that an owner or operator is required to file a statement pursuant to subsection (1) of this section, whichever is later. Any owner or operator who willfully fails or refuses to comply with the assessor's request for written documentation may be assessed a fine of one hundred dollars for each day of such willful failure or refusal. The total amount of all fines that may be assessed by an assessor against an owner or operator in any calendar year shall not exceed three thousand dollars, regardless of the number of leases or units owned or operated by such owner or operator or the number and length of such willful failures or refusals by such owner or operator.
(b) This subsection (3) is effective January 1, 1997.
(4) All statements and documentation filed with the assessor shall be
considered private documents and shall be available on a confidential basis only to the assessor, the administrator, the annual study contractor hired pursuant to section 39-1-104, the executive director of the department of revenue, the county treasurer, and their employees. Such statements and documentation shall be available on a confidential basis to the board of assessment appeals and the county board of equalization when information in such statements and documentation is pertinent to an appeal or protest.
(5) (a) Fines imposed pursuant to this section shall be fees of the office of
the county assessor. Any unpaid fines imposed pursuant to this section shall be certified to the county treasurer by January 1 of each year and shall be included in the delinquent owner's or operator's property tax statement issued pursuant to section 39-10-103.
(b) This subsection (5) is effective January 1, 1997.
Source: L. 64: R&RE, p. 710, � 1. C.R.S. 1963: � 137-7-1. L. 69: p. 1120, � 1. L.
72: p. 570, � 55. L. 81: (1)(c) and (1)(d) amended, p. 1857, � 1, effective January 1, 1982. L. 93: (1)(d) amended and (1)(e) and (2) added, pp. 241, 242, �� 1, 2, effective March 31. L. 96: Entire section amended, p. 107, � 1, effective March 25. L. 2007: (4) amended, p. 498, � 1, effective April 16. L. 2009: (3)(a) amended, (HB 09-1161), ch. 44, p. 166, � 1, effective August 5. L. 2014: IP(1), (1)(a), and (1)(c) amended, (HB 14-1371), ch. 400, p. 2012, � 1, effective August 6. L. 2020: (4) amended, (HB 20-1077), ch. 80, p. 325, � 10, effective September 14.
Cross references: For perjury in the second degree and the penalty therefor,
see �� 18-8-503 and 18-1.3-501.
C.R.S. § 4-2-107
4-2-107. Goods to be severed from realty - recording. (1) A contract for the sale of minerals or the like (including oil and gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller; but until severance, a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.
(2) A contract for the sale apart from the land of growing crops or other
things attached to realty and capable of severance without material harm thereto, but not described in subsection (1) of this section, or of timber to be cut is a contract for the sale of goods within this article, whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.
(3) The provisions of this section are subject to any third party rights
provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer's rights under the contract for sale.
Source: L. 65: p. 1301, � 1. C.R.S. 1963: � 155-2-107. L. 77: (1) and (2)
amended, p. 313, � 6, effective January 1, 1978.
PART 2
FORM, FORMATION, AND
READJUSTMENT OF CONTRACT
C.R.S. § 4-2-308
4-2-308. Absence of specified place for delivery. Unless otherwise agreed:
(a) The place for delivery of goods is the seller's place of business or if he
has none his residence; but
(b) In a contract for sale of identified goods which to the knowledge of the
parties at the time of contracting are in some other place, that place is the place for their delivery; and
(c) Documents of title may be delivered through customary banking
channels.
Source: L. 65: p. 1308, � 1. C.R.S. 1963: � 155-2-308.
C.R.S. § 4-2-312
4-2-312. Warranty of title and against infringement - buyer's obligation against infringement. (1) Subject to subsection (2) of this section, there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and
(b) The goods shall be delivered free from any security interest or other lien
or encumbrance of which the buyer at the time of contracting has no knowledge.
(2) A warranty under subsection (1) of this section will be excluded or
modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.
(3) Unless otherwise agreed, a seller who is a merchant regularly dealing in
goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like, but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
Source: L. 65: p. 1309, � 1. C.R.S. 1963: � 155-2-312.
C.R.S. § 4-2-315
4-2-315. Implied warranty - fitness for particular purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is, unless excluded or modified under section 4-2-316, an implied warranty that the goods shall be fit for such purpose.
Source: L. 65: p. 1311, � 1. C.R.S. 1963: � 155-2-315.
C.R.S. § 4-2-401
4-2-401. Passing of title - reservation for security - limited application of this section. Each provision of this article with regard to the rights, obligations, and remedies of the seller, the buyer, purchasers, or other third parties applies irrespective of title to the goods, except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this article and matters concerning title become material, the following rules apply:
(1) Title to goods cannot pass under a contract for sale prior to their
identification to the contract (section 4-2-501), and unless otherwise explicitly agreed, the buyer acquires by their identification a special property as limited by this title. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the article on secured transactions (article 9 of this title), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.
(2) Unless otherwise explicitly agreed, title passes to the buyer at the time
and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading:
(a) If the contract requires or authorizes the seller to send the goods to the
buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but
(b) If the contract requires delivery at destination, title passes on tender
there.
(3) Unless otherwise explicitly agreed, where delivery is to be made without
moving the goods:
(a) If the seller is to deliver a tangible document of title, title passes at the
time when and the place where the seller delivers such documents, and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or
(b) If the goods are at the time of contracting already identified and no
documents of title are to be delivered, title passes at the time and place of contracting.
(4) A rejection or other refusal by the buyer to receive or retain the goods,
whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a sale.
(5) Notwithstanding any other provision of this section, when livestock have
been delivered under a contract of sale, if on the accompanying brand inspection certificate or memorandum of brand inspection certificate the seller has conspicuously noted that payment of the consideration for the sale has not been received, title does not pass until payment is made.
Source: L. 65: p. 1318, � 1. C.R.S. 1963: � 155-2-401. L. 75: (5) added, p. 232, �
2, effective June 20. L. 2006: (3) amended, p. 491, � 9, effective September 1.
Editor's note - Colorado legislative change. Colorado added subsection (5).
There is no counterpart to subsection (5) in the uniform act.
Cross references: For secured transactions, see article 9 of this title.
C.R.S. § 4-2-501
4-2-501. Insurable interest in goods - manner of identification of goods. (1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers, even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:
(a) When the contract is made if it is for the sale of goods already existing
and identified;
(b) If the contract is for the sale of future goods other than those described
in paragraph (c) of this subsection, when goods are shipped, marked, or otherwise designated by the seller as goods to which the contract refers; or
(c) When the crops are planted or otherwise become growing crops or the
young are conceived, if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting, whichever is longer.
(2) The seller retains an insurable interest in goods so long as title to or any
security interest in the goods remains in him, and where the identification is by the seller alone, he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.
(3) Nothing in this section impairs any insurable interest recognized under
any other statute or rule of law.
Source: L. 65: p. 1321, � 1. C.R.S. 1963: � 155-2-501.
C.R.S. § 4-2-715
4-2-715. Buyer's incidental and consequential damages. (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation, and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses, or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.
(2) Consequential damages resulting from the seller's breach include:
(a) Any loss resulting from general or particular requirements and needs of
which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and
(b) Injury to person or property proximately resulting from any breach of
warranty.
Source: L. 65: p. 1340, � 1. C.R.S. 1963: � 155-2-715.
C.R.S. § 4-3-405
4-3-405. Employer's responsibility for fraudulent indorsement by employee. (a) In this section:
(1) Employee includes an independent contractor and employee of an
independent contractor retained by the employer.
(2) Fraudulent indorsement means (i) in the case of an instrument payable
to the employer, a forged indorsement purporting to be that of the employer, or (ii) in the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee.
(3) Responsibility with respect to instruments means authority (i) to sign or
indorse instruments on behalf of the employer, (ii) to process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition, (iii) to prepare or process instruments for issue in the name of the employer, (iv) to supply information determining the names or addresses of payees of instruments to be issued in the name of the employer, (v) to control the disposition of instruments to be issued in the name of the employer, or (vi) to act otherwise with respect to instruments in a responsible capacity. Responsibility does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail, or similar access.
(b) For the purpose of determining the rights and liabilities of a person who,
in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss.
(c) Under subsection (b) of this section, an indorsement is made in the name
of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in name substantially similar to the name of that person.
Source: L. 94: Entire article R&RE, p. 864, � 1, effective January 1, 1995.
C.R.S. § 4-9-629
4-9-629. Secured party's liability when taking possession after default - legislative declaration - fund. (a) The general assembly recognizes that, in the past, certain debtors may have been disadvantaged by the actions of repossessors and that such debtors were then unable to obtain just redress for their losses in the courts, especially in cases in which the creditor who initiated the action by employing or contracting with the repossessor was shielded from liability because the repossessor was categorized by the courts as an independent contractor. The general assembly wishes to ensure that the repossessor is bonded or that the secured party or assignee is held responsible at law as a principal under the general principles of agency law for the actions of a repossessor who is acting at the behest of the creditor in the event that no bond has been posted.
(b) A secured party or such party's assignee who wishes to contract with a
person to recover or take possession of collateral upon default, including a motor vehicle repossessed pursuant to section 42-6-146, C.R.S., shall contract to recover or take possession of collateral only with a person who is bonded for property damage to or conversion of such collateral in the amount of at least fifty thousand dollars. Such bond shall be filed with and drawn in favor of the attorney general of the state of Colorado for use of the people of the state of Colorado, and shall be revocable only with the written consent of the attorney general pursuant to rules promulgated by the office of the attorney general. The office of the attorney general may charge a fee to be paid by the person filing such bond in order to cover the direct and indirect costs incurred by such office in fulfilling its duties under the provisions of this section.
(c) A secured party or secured party's assignee who employs or contracts
with a person who has not complied with the requirements specified in subsection (b) of this section shall be liable as principal for the actions of any person the secured party or assignee employs or contracts with to recover or take possession of the collateral after default as provided in section 4-9-609 in the same manner as if such person were the agent of the secured party or assignee, whether or not such person has been or may be deemed to be acting as an independent contractor in law.
(d) A repossessor shall not engage in repossessing, recovering, or removing
collateral or personal property on behalf of a secured creditor or assignee without first disclosing to such secured creditor or assignee whether such repossessor is bonded pursuant to this article. Any person who fails to disclose or misrepresents to a secured party such person's bonded status or fails to file such bond with the attorney general shall be in violation of the Colorado Consumer Protection Act, article 1 of title 6, C.R.S., and shall be subject to remedies or penalties or both pursuant to said article.
(e) Any person who knowingly falsifies a repossessor bond application or
misrepresents information contained therein commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.
(f) All moneys collected by the attorney general pursuant to this section
shall be transmitted to the state treasurer, who shall credit the same to the general fund.
(g) Notwithstanding any provision by contract or common law, in exercising
its rights after default, a secured party or lessor taking possession of a motor vehicle may not disable or render unusable any computer program or other similar device embedded in the motor vehicle if immediate injury to any person or property is a reasonably foreseeable consequence of such action. Any secured party or lessor who disables or renders unusable such a computer program or other similar device in such circumstances shall be liable in accordance with applicable rules of law to any person who sustains an injury to person or property as a reasonably foreseeable result of the secured party's or lessor's action.
Source: L. 2001: Entire article R&RE, p. 1422, � 1, effective July 1. L. 2002: (g)
added, p. 939, � 10, effective August 7; (e) amended, p. 1465, � 10, effective October 1. L. 2021: (e) amended, (SB 21-271), ch. 462, p. 3133, � 53, effective March 1, 2022.
Editor's note - Colorado legislative change: Colorado added this section.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (e), see section 1 of chapter 318, Session Laws of Colorado 2002.
PART 7
TRANSITION
C.R.S. § 4-9-809
4-9-809. Priority. House Bill 12-1262, enacted in 2012, determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, this article, as it existed before July 1, 2013, determines priority.
Source: L. 2012: Entire part added, (HB 12-1262), ch. 170, p. 609, � 16,
effective July 1, 2013.
ARTICLE 9.3
Central Information System
4-9.3-101 to 4-9.3-108. (Repealed)
Source: L. 2003: Entire article repealed, p. 1669, � 1, effective July 1.
Editor's note: This article was added in 1995. For amendments to this article
prior to its repeal in 2003, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 9.5
Central Filing of Effective
Financing Statements
Editor's note - Colorado legislative change: (1) Section 5 of chapter 40,
Session Laws of Colorado 1988, provides that the act enacting this article is effective May 29, 1988, but the central filing system shall not become operational until receipt by the central filing system board of certification for the central filing system for effective financing statements, established in this article, by the United States department of agriculture pursuant to the federal Food Security Act of 1985, Pub.L. 99-198. Certification for the central filing system was issued by the United States department of agriculture on September 28, 1992.
(2) Colorado adopted this additional article which has no counterpart in the
uniform act.
Law reviews: For article, A Central Filing System for Financing Statements,
see 28 Colo. Law. 5 (Sept. 1999).
4-9.5-101. Short title. This article shall be known and may be cited as the
Central Filing of Effective Financing Statement Act.
Source: L. 88: Entire article added, p. 325, � 1, effective May 29.
4-9.5-102. Legislative declaration. The general assembly finds, determines,
and declares its intent to adopt a central filing system for security interests relating to farm products pursuant to section 1324 of the federal Food Security Act of 1985, Pub.L. 99-198. The general assembly further finds, determines, and declares that upon the certification and operation of this central filing system, security interest holders shall use such system in lieu of any other notice provided by section 1324 of the federal Food Security Act of 1985 for farm products used or produced in the state of Colorado which are included in the central filing system, except as otherwise allowed by this article or required by law.
Source: L. 88: Entire article added, p. 325, � 1, effective May 29.
4-9.5-103. Definitions. As used in this article, unless the context otherwise
requires:
(1) (Deleted by amendment, L. 2003, p. 1669, � 2, effective July 1, 2003.)
(2) Buyer of farm products or buyer in the ordinary course of business
means a person who, in the ordinary course of business, buys farm products from a person engaged in farming operations who is in the business of selling farm products.
(2.5) Central filing officer means the secretary of state.
(3) Central filing system means a system for filing effective financing
statements on a statewide basis and which has been certified by the secretary of the United States department of agriculture pursuant to section 1324 of the Food Security Act of 1985. It is the intent of the general assembly that, effective January 1, 2000, the filing system established by section 4-9-501 shall constitute the central filing system.
(4) Commission merchant means any person engaged in the business of
receiving any farm product for sale, on commission, or for or on behalf of another person.
(5) Crop year means:
(a) For a crop grown in soil, the calendar year in which it is harvested or to be
harvested;
(b) For animals, the calendar year in which they are born, acquired, or owned;
(c) For poultry or eggs, the calendar year in which they are sold or to be sold.
(6) Debtor means a person who owns a product and subjects it to a security
interest, whether or not that person owes a debt to the secured party.
(7) Effective financing statement means a record that:
(a) Is an original or reproduced copy thereof, a fax copy, or, if permitted by
federal law, regulation, rule, or interpretation, an electronically transmitted filing;
(b) Is filed with the central filing officer by the secured party; and
(c) Is signed, authorized, or otherwise authenticated by the debtor, unless
the record is filed by electronic transmission, in which case it shall be signed, authorized, or otherwise authenticated electronically pursuant to section 24-71-101, C.R.S.
(d) to (l) (Deleted by amendment, L. 2006, p. 1142, � 1.)
(8) Farm product means an agricultural commodity, a species of livestock
used or produced in farming operations, or a product of such crop or livestock in its unmanufactured state, that is in the possession of a person engaged in farming operations. Farm product includes, but is not limited to, apples, artichokes, asparagus, barley, cantaloupe, carrots, cattle and calves, chickens, corn, cotton, cucumbers, dry beans, eggs, fish, flax seed, fur-bearing animals, grapes, hay, hogs, honey, honeydew melon, horses, legumes, milk, muskmelon, oats, onions, pecans, popcorn, potatoes, pumpkins, raspberries, rye, seed crops, sheep and lambs, silage, sorghum grain, soybeans, squash, strawberries, sugar beets, sunflower seeds, sweet corn, tomatoes, trees, triticale, turkeys, vetch, walnuts, watermelon, wheat, and wool. The central filing officer may add other farm products in addition to those specified in this subsection (8) if such products are covered by the general definition contained in this subsection (8).
(9) Food Security Act of 1985 means Pub.L. 99-198, as amended: Section
1324 thereof has been codified at section 1631 of Title 7 of the United States Code.
(10) Person means any individual or any partnership, corporation, trust, or
any other business entity.
(11) Receipt and other forms of the word receive means the earlier of
actual receipt or the tenth day after deposit in the United States mails, first-class mail, postage prepaid.
(11.5) Record, except as used in for record, of record, record or legal
title, and record owner, means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
(12) Registrant or registered buyer means any buyer of farm products,
commission merchant, or selling agent, who has registered with the central filing officer pursuant to section 4-9.5-104.5 (3).
(13) Secured party means a person in whose favor there is a security
interest.
(14) Security interest means an interest in farm products that secures
payment or performance of an obligation.
(15) Selling agent means any person, other than a commission merchant,
who is engaged in the business of negotiating the sale and purchase of any farm product on behalf of a person engaged in farming operations.
(16) Unique identifier means a number, combination of numbers or letters,
or other identifier selected by the central filing officer using a system or method approved by the United States secretary of agriculture in accordance with the federal Food Security Act of 1985.
Source: L. 88: Entire article added, p. 325, � 1, effective May 29. L. 91: (7)(i)
amended, p. 323, � 1, effective May 24. L. 94: (7)(a) and (7)(f) amended, p. 1552, � 3, effective July 1. L. 95: (1), (7)(f), and (7)(j) amended, p. 1139, � 12, effective July 1, 1996. L. 96: (1), (7)(b), and (7)(c) amended, p. 1385, �� 5, 6, effective July 1. L. 97: (7)(d)(IV) and (7)(e) amended, p. 550, � 8, effective April 24. L. 99: (1), (3), (7)(b), (7)(f), (7)(j), and (7)(k) amended and (2.5) added, p. 747, � 14, effective July 1. L. 2001: (2.5), (3), (7)(e), and (7)(j) amended, p. 1430, � 8, effective July 1. L. 2003: (1), (3), (7)(d)(IV), (7)(d)(VI), (8), and (12) amended, p. 1669, � 2, effective July 1. L. 2004: (7) amended, p. 1170, � 1, effective July 1. L. 2006: (7), (8), and (12) amended and (11.5) and (16) added, p. 1142, � 1, effective May 29, 2012.
4-9.5-104. Central filing system. (1) The central filing officer shall be
responsible for the design, implementation, and operation of a central filing system for effective financing statements. The system shall provide a means for filing effective financing statements with the central filing officer. The system shall include requirements:
(a) That an effective financing statement be filed in the office of the central
filing officer;
(b) That the central filing officer record the date and hour of the filing of
effective financing statements; and
(c) That the central filing officer assign a file number to each effective
financing statement.
(2) to (6) Repealed.
(7) (Deleted by amendment, L. 99, p. 747, � 15, effective January 1, 2000.)
(8) and (9) Repealed.
Source: L. 88: Entire article added, p. 328, � 1, effective May 29. L. 91: (5)(a)
amended, p. 323, � 2, effective May 24. L. 94: (1) and (5)(a) amended, p. 1552, � 4, effective July 1. L. 95: (5)(a) amended, p. 1139, � 13, effective July 1, 1996. L. 99: (1), (4), (5)(a), and (7) amended, p. 747, � 15, effective January 1, 2000. L. 2003: IP(1), IP(2), IP(3)(a), (4), (5), and (6) amended and (8) added, p. 1670, � 3, effective July 1. L. 2004: (5)(a) amended, p. 1172, � 2, effective July 1. L. 2006: (9) added by revision, pp. 1144, 1154, �� 2, 12, effective May 29, 2012.
Editor's note: Subsection (9) provided for the repeal of subsections (2), (3),
(4), (5), (6), (8), and (9) effective ninety days following certification in writing by the secretary of state to the revisor of statutes. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-104.5. Master list. (1) The central filing officer shall compile all
effective financing statements or notices into a master list:
(a) Containing the information referred to in section 4-9.5-105.3;
(b) Organized according to farm product; and
(c) Arranged within each such farm product:
(I) In alphabetical order according to the last name of the individual debtors
or, in the case of debtors doing business other than as individuals, the first word in the name of such debtors;
(II) In numerical order according to the social security number, or other
unique identifier, of the individual debtors or, in the case of debtors doing business other than as individuals, the federal internal revenue service taxpayer identification number, or other unique identifier, of such debtors;
(III) Geographically by county; and
(IV) By crop year.
(2) (a) The central filing officer shall cause the information on the master list
to be produced in lists organized in the same manner as the master list.
(b) If a registered buyer or other interested person so requests, the list or
lists for such buyer or person may be limited to any county or group of counties where the farm product is used or produced, or to any crop year or years, or a combination of such identifiers.
(3) All buyers of farm products, commission merchants, selling agents, and
other persons may register with the central filing officer to access lists described in subsection (2) of this section. Any buyer of farm products, commission merchant, selling agent, or other person conducting business from multiple locations may be considered as one entity, at its option. Such registration shall be on an annual basis. The central filing officer shall prescribe the process for registration, which shall include the name and address of the registrant and the list or lists described in subsection (2) of this section that such registrant desires to receive. A registration shall be complete when the registrant has provided the required information and paid the prescribed fee. A registrant is deemed to be registered only as to those products, counties, and crop years for which the registrant requests a list.
(4) The lists as produced pursuant to subsection (2) of this section shall be
published and distributed by the central filing officer and shall reflect all effective financing statements that are effective as of the date of the compilation of the lists. The central filing officer shall determine the frequency with which the lists identified pursuant to subsection (2) of this section shall be compiled and distributed. Such lists may be distributed on an annual basis with three quarterly cumulative supplements or, if cost-effective, requested by registered buyers, and permitted by applicable federal law, the central filing officer may distribute more frequent supplements as determined by the central filing officer reflecting all new filings, changes, and terminations since the last list. The central filing officer may develop the form in which to distribute lists. If the name of the seller of a farm product is not on a list requested and received by a registrant, the sale of the farm product to the registrant shall be free of any security interest granted by that seller with respect to the farm product except as to any farm product for which the registrant has received direct notification of the existence of a security interest pursuant to 7 U.S.C. sec. 1631 (e)(1) and (g)(2)(A). The registrant may rely on the representation of the seller as to the seller's identity, so long as the reliance is in good faith.
(5) The central filing officer shall remove from the master list any effective
financing statement that has lapsed pursuant to section 4-9.5-105.3 (2) or has been terminated pursuant to section 4-9.5-107.
(6) As soon as practicable, the central filing officer shall publish and
distribute the master list electronically.
Source: L. 2006: Entire section added, p. 1146, � 3, effective May 29, 2012.
Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006,
provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-105. Confirmations.
(1) (Deleted by amendment, L. 2006, p. 1148, � 4.)
(2) to (4) (Deleted by amendment, L. 96, p. 1385, � 7, effective July 1, 1996.)
(5) A buyer of farm products, whether or not registered, may rely
conclusively on information obtained from the master list published and distributed electronically, regardless of any errors or omissions committed by the central filing officer in the electronic publication or distribution of the master list. If the information obtained electronically confirms that the name of the seller of a specified farm product is not on the master list, the sale of the farm product to the buyer shall be free of any security interest granted by that seller with respect to the farm product and the buyer may rely on the representation of the seller as to the seller's identity, so long as the reliance is in good faith.
Source: L. 88: Entire article added, p. 330, � 1, effective May 29. L. 94: (1) and
(4) amended, p. 1553, � 5, effective July 1. L. 96: (1), (2), (3), and (4) amended, p. 1385, � 7, effective July 1. L. 99: (1) and (5) amended, p. 749, � 16, effective January 1, 2000. L. 2003: (5) amended, p. 1672, � 4, effective July 1. L. 2006: (1) and (5) amended, p. 1148, � 4, effective May 29, 2012.
Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006,
provides that the act amending subsections (1) and (5) is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-105.3. Effective financing statements. (1) An effective financing
statement shall state:
(a) The name and address of the secured party;
(b) The name and address of the debtor, which, in the case of an individual,
shall have the surname appear first, and in the case of a corporation or other entity that is not an individual, shall have the name appear beginning with the first word or character that is not an article or punctuation mark;
(c) The social security number, or other unique identifier, of the debtor or, in
the case of a debtor doing business other than as an individual, the federal internal revenue service taxpayer identification number, or other unique identifier, of such debtor;
(d) A description of the farm products subject to the security interest
created by the debtor, including:
(I) The amount of the farm products, unless all of a particular farm product is
subject to the particular security interest;
(II) The name of each county in which the farm products are produced,
stored, or otherwise located or to be produced, stored, or otherwise located; and
(III) The crop year, unless every crop year for the duration of the effective
financing statement is subject to the particular security interest.
(e) Further details of the farm products subject to the security interest, if
needed to distinguish them from other farm products owned by the same person but not subject to the particular security interest; and
(f) Such other additional information as the central filing officer may require
to comply with 7 U.S.C. sec. 1631 or to more effectively carry out the purposes of this article.
(2) An effective financing statement shall remain effective for a period of
five years after the date of filing, unless its effectiveness is extended by filing one or more continuation statements in accordance with section 4-9.5-106 (1).
(3) An effective financing statement may:
(a) Cover more than one farm product located in more than one county for
any given debtor; and
(b) Cover more than one debtor.
(4) An effective financing statement may not be created by amending a
financing statement filed under article 9 of this title.
Source: L. 2006: Entire section added, p. 1148, � 5, effective May 29, 2012.
Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006,
provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-105.7. Amendment of effective financing statements. (1) An
effective financing statement may be amended to add or delete collateral, or otherwise to amend the information provided in the effective financing statement, by filing an amendment with the central filing officer that identifies the effective financing statement to which the amendment relates by providing its file number, filing office where originally filed, and date filed.
(2) An effective financing statement that is amended by an amendment that
adds collateral is effective as to the added collateral only from the date of the filing of the amendment.
(3) An effective financing statement that is amended by an amendment that
adds a debtor is effective as to the added debtor only from the date of the filing of the amendment.
(4) If the security interest is terminated as to one or more of the farm
products shown on the filed effective financing statement and the effective financing statement is to remain effective as to one or more other farm products, the secured party shall, within thirty days after such partial termination, file an amendment reflecting such partial termination with the central filing officer. If the affected secured party fails to file an amendment reflecting such partial termination within the thirty-day period, the secured party shall be liable to the debtor for five hundred dollars and, in addition, for any loss caused to the debtor by such failure.
(5) An amendment to an effective financing statement to delete collateral
does not amend or otherwise impair the perfection of any security interest perfected by the effective financing statement for purposes of article 9 of this title.
Source: L. 2006: Entire section added, p. 1148, � 5, effective May 29, 2012.
Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006,
provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-106. Continuation statements. (1) A continuation statement may be
filed within six months prior to the expiration of the five-year period of effectiveness of an effective financing statement. A continuation statement shall identify the effective financing statement by file number, filing office where originally filed, and date filed. Upon timely filing of the continuation statement, the effectiveness of the effective financing statement shall be continued for five years after the last date to which the effective financing statement was effective, whereupon its effectiveness shall lapse unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the effective financing statement.
(2) The effectiveness of an effective financing statement that was filed
before July 1, 1996, and that had not otherwise lapsed by December 31, 1997, shall be deemed to have lapsed in the manner provided in subsection (1) of this section on December 31, 1997, unless a continuation statement was filed on or after July 1, 1996, but on or before December 31, 1997, that complied with the requirements of subsection (1) of this section. The filing of a continuation statement pursuant to this subsection (2) shall have extended the effectiveness of the effective financing statement for five years after the last date to which the effective financing statement would otherwise have been effective, whereupon it shall have lapsed in the manner set forth in subsection (1) of this section unless further continuation statements were filed in the manner and within the time periods prescribed in subsection (1) of this section in order to prevent such lapse.
(3) (Deleted by amendment, L. 2006, p. 1150, � 6.)
(4) No continuation statement filed pursuant to this section on or after July 1,
1995, shall be ineffective solely because it failed to include a statement that the original financing statement is still effective.
Source: L. 88: Entire article added, p. 330, � 1, effective May 29. L. 97: Entire
section amended, p. 550, � 9, effective April 24. L. 97, 1st Ex. Sess.: (2) amended and (4) added, p. 7, � 3, effective October 22. L. 2006: (1), (2), and (3) amended, p. 1150, � 6, effective May 29, 2012.
Editor's note: (1) Subsection (2) was amended and subsection (4) was added
by Senate Bill 97S-005 at the first extraordinary session of the sixty-first general assembly in 1997 to correct a technical error. The amendment removes a requirement erroneously left in the law that every continuation statement filed under the Uniform Commercial Code - Secured Transactions or the Central Filing of Effective Financing Statements Act on or after July 1, 1995, include a statement that the financing statement that is being continued by the filing remains effective. It substitutes language that validates continuation statements filed on or after July 1, 1995, in a form that does not include such statement.
(2) Section 12 of chapter 249, Session Laws of Colorado 2006, provides that
the act amending subsections (1), (2), and (3) is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-107. Termination statement. (1) The secured party identified in an
effective financing statement may at any time, and without regard to whether there is any outstanding secured obligation or commitment to make advances, incur obligations, or otherwise give value, file with the central filing officer a termination statement with respect to such effective financing statement pursuant to this section and provide notice to the debtor of such filing.
(1.3) (a) Unless the debtor otherwise requests, whenever there is no
outstanding secured obligation and no commitment to make advances, incur obligations, or otherwise give value, the secured party identified in an effective financing statement relating to such obligation or commitment shall, within thirty days, terminate such effective financing statement by filing with the central filing officer either:
(I) A termination statement pursuant to this section; or
(II) A termination statement pursuant to article 9 of this title.
(b) If a termination statement is filed pursuant to either subparagraph (I) or
(II) of paragraph (a) of this subsection (1.3), the secured party shall provide notice to the debtor of such filing. If the secured party fails to file a required termination statement within the thirty-day period, the secured party shall be liable to the debtor for one thousand dollars, and, in addition, for any loss caused to the debtor by such failure.
(1.5) A termination statement filed pursuant to either subsection (1) or
subparagraph (I) of paragraph (a) of subsection (1.3) of this section does not terminate or otherwise impair the perfection of any security interest perfected by the effective financing statement for purposes of article 9 of this title.
(2) (a) The termination statement shall:
(I) Be signed, authorized, or otherwise authenticated by the secured party,
and if such notice is filed by electronic transmission it shall be signed electronically, pursuant to section 24-71-101, C.R.S.;
(II) Identify the effective financing statement, the effectiveness of which is
to be terminated, by file number, filing office where originally filed, and date filed; and
(III) State that the effective financing statement is to be removed from the
master list.
(b) The effectiveness of a terminated effective financing statement shall
cease as of the date and hour of filing the termination statement by the central filing officer.
Source: L. 88: Entire article added, p. 331, � 1, effective May 29. L. 97: (2)
amended, p. 551, � 10, effective April 24. L. 99: (1) and (2)(b) amended, p. 749, � 17, effective January 1, 2000. L. 2001: (1) and (2)(a)(I) amended, p. 1430, � 9, effective July 1. L. 2004: (2)(a)(I) amended, p. 1172, � 3, effective July 1. L. 2006: (1) and (2) amended and (1.3) and (1.5) added, p. 1150, � 7, effective (see editor's note). L. 2008: (1.5) amended, p. 268, � 7, effective May 29, 2012.
Editor's note: (1) Section 12 of chapter 249, Session Laws of Colorado 2006,
provides that the act amending subsections (1) and (2) and enacting subsections (1.3) and (1.5) is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
(2) Section 9 of chapter 84, Session Laws of Colorado 2008, provides that
the act amending subsection (1.5) is effective simultaneously with Senate Bill 06-188. For further explanation, see section 12 of chapter 249, Session Laws of Colorado 2006. The revisor of statutes received certification from the secretary of state, as specified in said chapter 249, on February 29, 2012.
4-9.5-108. Filings generally. (1) Each record filed in the central filing
system shall contain all information required by the laws of this state to be contained in the record. Each such record shall:
(a) Be on or in such medium as may be acceptable to the central filing officer
and from which the central filing officer may create a physical document that contains all of the information in the record. The central filing officer may require that the record be delivered by any one or more means or on or in any one or more media as may be acceptable to the central filing officer. The central filing officer is not required to accept for filing a record that is not delivered by a means and in a medium that complies with the requirements then established by the central filing officer for the delivery and filing of records. If the central filing officer permits a record to be delivered on paper, the record shall be typewritten or machine printed, and the central filing officer may impose reasonable requirements upon the dimensions, legibility, quality and color of such paper, and typewriting or printing. If the delivery of a record subject to this article for filing is required or permitted to be accomplished electronically, then the central filing officer may prescribe the format and other attributes of the record and may refuse to permit such record to be accompanied by any physical document.
(b) Be in the English language;
(c) Include any form or cover sheet, or both, required pursuant to section 4-9.5-108.5;
(d) Be delivered to the central filing officer for filing; and
(e) Be accompanied by all required fees.
(2) A record filed pursuant to this article shall not constitute notice for
purposes of section 38-35-109, C.R.S.
(3) Any continuation, termination, amendment, or assignment of an effective
financing statement shall be signed, authorized, or otherwise authenticated by the secured party, and, in the case of an amendment that adds collateral or adds an additional debtor, by the affected debtor or debtors. If such filing is made by electronic transmission, it shall be signed electronically, pursuant to section 24-71-101, C.R.S.
(4) The provisions of part 5 of article 9 of this title regarding the filing of
records shall apply to the filing of records under this article to the extent not inconsistent therewith.
Source: L. 88: Entire article added, p. 331, � 1, effective May 29. L. 94: Entire
section amended, p. 1554, � 6, effective July 1. L. 95: Entire section amended, p. 1140, � 14, effective July 1, 1996. L. 96: (1) amended, p. 1386, � 8, effective July 1. L. 97: (3) added, p. 551, � 11, effective April 24. L. 99: (1) amended, p. 749, � 18, effective January 1, 2000. L. 2001: (1) and (3) amended, p. 1431, � 10, effective July 1. L. 2003: (1) amended, p. 1672, � 5, effective July 1. L. 2004: (3) amended, p. 1173, � 4, effective July 1. L. 2006: Entire section amended, p. 1152, � 8, effective May 29, 2012.
Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006,
provides that the act amending this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-108.5. Forms. The central filing officer may prepare and furnish a
form for any record that is subject to this article and may require the use of any such form.
Source: L. 2006: Entire section added, p. 1153, � 9, effective May 29, 2012.
Editor's note: Section 12 of chapter 249, Session Laws of Colorado 2006,
provides that the act enacting this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-109. Food Security Act of 1985. Whether a buyer of farm products
takes subject to a security interest shall be determined by section 1324 of the federal Food Security Act of 1985 and applicable provisions of Colorado law.
Source: L. 88: Entire article added, p. 331, � 1, effective May 29.
4-9.5-110. Fees - rules - federal certification.
(1) Repealed.
(1.5) The central filing officer shall charge and collect fees and other
charges, which shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., for:
(a) Distributing the master list;
(b) Furnishing any information;
(c) Furnishing a copy of any filed record;
(d) Filing any record required or permitted to be filed under this article.
(2) The central filing officer is hereby authorized to adopt such rules as are
necessary to carry out the provisions of this article and to conform the central filing system to the requirements of the federal Food Security Act of 1985.
(3) The central filing officer may contract with one or more public or private
parties to perform some or all of its duties under this article; except that the central filing officer may not delegate the power to make rules or regulations, conduct public hearings, prescribe forms, and establish services and fees therefor.
(4) (Deleted by amendment, L. 2003, p. 1672, � 6, effective July 1, 2003.)
(5) Revenues collected by the central filing officer pursuant to this article
shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund created in section 24-21-104 (3), C.R.S.
(6) Repealed.
Source: L. 88: Entire article added, p. 331, � 1, effective May 29. L. 95: (1) and
(3) amended, p. 1140, � 15, effective July 1, 1996. L. 96: (1) repealed, p. 1386, � 9, effective July 1. L. 99: (4) added, p. 750, � 19, effective July 1. L. 2003: (2), (3), and (4) amended and (5) and (6) added, p. 1672, � 6, effective July 1. L. 2006: Entire section amended, p. 1153, � 10, effective May 29, 2012.
Editor's note: (1) Subsection (6)(b) provided for the repeal of subsection (6),
effective July 1, 2004. (See L. 2003, p. 1672.)
(2) Section 12 of chapter 249, Session Laws of Colorado 2006, provides that
the act amending this section is effective ninety days following certification in writing by the secretary of state to the revisor of statutes that approval of changes to the central filing system enacted by the act has been obtained from the United States department of agriculture, and the secretary of state has implemented the necessary computer system to publish and distribute the master list electronically and is able to do so. The revisor of statutes received certification from the secretary of state on February 29, 2012.
4-9.5-111. Penalties. Any debtor or third party who provides any false or
misleading information concerning the name of the owner of any farm products or the existence of any security interest affecting farm products with the intent to deprive the secured party of any of his or her security under the security interest or to defraud or mislead the buyer of any farm product as to the existence of the security interest or fails to pay to the secured party any moneys realized out of the sale of collateral in violation of any security agreement and with the intent to deprive the secured party of such party's rights thereto, or makes a filing subject to section 4-9.5-108 (3) that is not signed, authorized, or otherwise authenticated by the secured party as required by section 4-9.5-108 (3), shall be deemed to have violated section 18-5-206, C.R.S., and shall be subject to the penalties described in said section. Any penalty so collected shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund created in section 24-21-104 (3), C.R.S.
Source: L. 88: Entire article added, p. 332, � 1, effective May 29. L. 97: Entire
section amended, p. 552, � 12, effective April 24. L. 2003: Entire section amended, p. 1673, � 7, effective July 1. L. 2004: Entire section amended, p. 1173, � 5, effective July 1.
4-9.5-112. Severability of provisions. (Repealed)
Source: L. 88: Entire article added, p. 332, � 1, effective May 29. L. 2003:
Entire section repealed, p. 1669, � 1, effective July 1.
4-9.5-112.5. Immunity. (1) Except in cases of willful misconduct or bad faith,
the contractors retained by the central filing officer, as well as the employees of such contractors, shall be exempt from personal liability as a result of an error or omission in receiving, entering, storing, or providing information or performing their duties as required by this title.
(2) Any error or omission described in subsection (1) of this section shall
constitute a tort and not a breach of any express or implied contract.
Source: L. 2003: Entire section added, p. 1673, � 8, effective July 1.
4-9.5-113. Repeal of article. (Repealed)
Source: L. 94: Entire section added, p. 1554, � 7, effective July 1. L. 95: Entire
section repealed, p. 1140, � 16, effective July 1.
ARTICLE 9.7
Colorado Statutory Lien Registration Act
4-9.7-101. Short title. This article shall be known and may be cited as the
Colorado Statutory Lien Registration Act.
Source: L. 2008: Entire article added, p. 268, � 8, effective May 29, 2012.
4-9.7-102. Scope. (a) This article shall apply to the filing of a record relating
to a designated statutory lien.
(b) This article shall not apply to the filing of:
(1) Notices, certificates, or other records pertaining to any lien created
pursuant to the laws of the United States; or
(2) A financing statement or other record filed pursuant to article 9 or 9.5 of
this title or any successor statutes.
(c) This article shall not be construed to create a filing requirement for any
lien where the applicable substantive statute does not require filing.
Source: L. 2008: Entire article added, p. 268, � 8, effective May 29, 2012.
4-9.7-103. Definitions. (a) As used in this article, unless the context
otherwise requires:
(1) Claimant means a person identified as a beneficiary or owner of a
designated statutory lien in a notice of lien or notice of amendment filed in the office of the secretary of state pursuant to this article.
(2) Continue means to renew or otherwise extend the effectiveness of a
notice of lien.
(3) Designated statutory lien means:
(A) A harvester's lien pursuant to article 24.5 of title 38, C.R.S.;
(B) An agistor's lien pursuant to part 2 of article 20 of title 38, C.R.S.;
(C) A hospital lien pursuant to article 27 of title 38, C.R.S.;
(D) A restitution lien pursuant to section 16-18.5-104, C.R.S.;
(E) A child support lien pursuant to section 14-10-122, C.R.S.;
(F) A security interest held by a housing authority pursuant to section 29-4-712, C.R.S.; or
(G) Any other lien provided for by a statute of this state that requires or
expressly permits a notice or other record creating, evidencing, or perfecting the lien to be filed in the office of the secretary of state, except as provided in section 4-9.7-102 (b) and (c).
(4) Notice of amendment means a record filed in the office of the secretary
of state pursuant to this article that changes, corrects, continues, terminates, subordinates, or otherwise modifies a notice of lien.
(5) Notice of lien means a record filed in the office of the secretary of state
pursuant to this article that identifies one or more claimants with respect to a designated statutory lien; identifies, to the extent required by the applicable substantive statute, the property asserted to be subject to the lien; identifies the owner or owners of the property; and otherwise complies with the requirements of this article.
(6) Owner means a person identified in a notice of lien or notice of
amendment in the office of the secretary of state pursuant to this article as an owner of property subject to a designated statutory lien.
(7) Record, except as used in the phrases for record, of record, record
or legal title, and record owner, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(8) Substantive statute means the statute creating, providing for, or giving
rise to a designated statutory lien.
(9) Taxpayer identification number means a social security number, an
employer identification number, or an individual taxpayer identification number.
(10) Terminate means to release or otherwise extinguish the effectiveness
of a notice of lien.
Source: L. 2008: Entire article added, p. 269, � 8, effective May 29, 2012.
4-9.7-104. Contents of a notice of lien or notice of amendment. (a) (1) A
notice of lien shall state:
(A) The name of one or more owners;
(B) The name of one or more claimants;
(C) A citation to the section of the substantive statute pursuant to which the
notice of lien is filed;
(D) To the extent required by the applicable substantive statute, an
identification of the property asserted to be subject to a designated statutory lien and any other information that the applicable substantive statute requires to be contained in or included with the notice of lien;
(E) That any other information or record required to be filed with the office of
the secretary of state pursuant to the applicable substantive statute has been included with or attached to the notice of lien; and
(F) Such additional information as the secretary of state may require.
(2) A notice of lien may state:
(A) The mailing address of one or more owners; and
(B) The mailing address of one or more claimants.
(b) (1) A notice of amendment shall state:
(A) The original filing number of the notice of lien to which the notice of
amendment relates;
(B) That any other information or record required to be filed with the office of
the secretary of state pursuant to the applicable substantive statute has been included with or attached to the notice of amendment; and
(C) Any additional information that the secretary of state requires.
(2) A notice of amendment may contain any information necessary to
indicate the manner and extent to which the notice of amendment affects the notice of lien.
(c) A notice of lien shall remain effective for the period provided for by the
applicable substantive statute or until a notice of amendment that terminates the notice of lien is filed in the office of the secretary of state.
Source: L. 2008: Entire article added, p. 270, � 8, effective May 29, 2012.
4-9.7-105. Acceptance and refusal to accept for filing. (a) The secretary of
state shall refuse to accept a notice of lien or notice of amendment for filing if:
(1) The applicable filing fee is not tendered;
(2) The notice is not communicated by a method of communication
authorized by the secretary of state;
(3) The notice of lien does not state the name of an owner;
(4) The notice of lien does not state the name of a claimant;
(5) The notice of amendment does not indicate the original file number of the
notice of lien to which the notice of amendment relates; or
(6) The notice of lien or notice of amendment fails to state any additional
information that the secretary of state requires.
(b) The secretary of state may refuse to accept a notice of lien or notice of
amendment for filing if the notice of lien or notice of amendment does not include the address of one or more claimants.
(c) Filing does not occur with respect to a notice of lien or notice of
amendment that the secretary of state refuses to accept for a reason set forth in subsection (a) or (b) of this section.
Source: L. 2008: Entire article added, p. 271, � 8, effective May 29, 2012.
4-9.7-106. Duties of filing officer. (a) If a notice of lien is communicated to
and accepted by the secretary of state for filing, the secretary of state shall cause the notice to be marked, maintained, and indexed in accordance with the provisions of section 4-9-519 as if the notice were a financing statement and each owner identified in the notice were a debtor within the meaning of section 4-9-519.
(b) If a notice of amendment is communicated to and accepted by the
secretary of state for filing, the secretary of state shall:
(1) Cause the notice of amendment to be marked, maintained, and indexed as
if the notice were an amendment of a financing statement within the meaning of section 4-9-512;
(2) If the notice of amendment terminates a notice of lien, cause the notice
of amendment to be marked, maintained, and indexed as if the notice were a termination statement within the meaning of section 4-9-513; or
(3) If the notice of amendment continues a notice of lien, cause the notice of
amendment to be marked, maintained, and indexed as if the notice were a continuation statement as defined in section 4-9-102 (27) and extend the effectiveness of the notice of lien by the appropriate period pursuant to the applicable substantive statute.
(c) If the secretary of state refuses to accept a notice of lien or notice of
amendment for filing, the secretary of state shall communicate to the person that presented the record the fact of and reason for the refusal. The communication shall be made at the time and in the manner prescribed by the rules adopted by the secretary of state pursuant to section 4-9.7-109.
(d) The secretary of state may remove a notice of lien from the records of the
secretary of state one year after the notice expires in accordance with section 4-9.7-104 (c).
(e) The secretary of state shall communicate or otherwise make available in
a record the following information to any person that requests the information:
(1) Whether there is on file on a date and time specified by the secretary of
state any notice of lien or notice of amendment that:
(A) Designates a particular owner; and
(B) Has not expired under section 4-9.7-104 (c); and
(C) If the request so states, has expired under section 4-9.7-104 (c) and a
record of which is maintained by the secretary of state under subsection (d) of this section;
(2) The date and time of filing of each notice of lien and notice of amendment
described in paragraph (1) of this subsection (e); and
(3) The information provided in each notice of lien and notice of amendment
described in paragraph (1) of this subsection (e).
Source: L. 2008: Entire article added, p. 271, � 8, effective May 29, 2012. L.
2013: (d), (e)(1)(B), and (e)(1)(C) amended, (HB 13-1300), ch. 316, p. 1662, � 6, effective August 7.
4-9.7-107. Fees. Subject to section 24-75-402, C.R.S., fees for services
rendered by the secretary of state under this article shall be determin
C.R.S. § 40-15-208
40-15-208. High cost support mechanism - Colorado high cost administration fund - creation - purpose - operation - rules - report. (1) (Deleted by amendment, L. 2008, p. 1703, � 3, effective June 2, 2008.)
(2) (a) (I) The commission is hereby authorized to establish a mechanism for
the support of universal service, also referred to in this section as the high cost support mechanism, which must operate in accordance with rules adopted by the commission. The primary purpose of the high cost support mechanism is to provide financial assistance as a support mechanism to:
(A) Help make basic local exchange service affordable and allow for
reimbursement to providers, as specified in subsections (2)(a)(IV) and (4) of this section; and
(B) Provide access to broadband service in unserved and underserved areas
pursuant to this section and section 24-37.5-905 only.
(II) The high cost support mechanism shall be supported through a neutral
assessment on all telecommunications providers in Colorado.
(III) The commission shall maintain the rate of the high cost support
mechanism surcharge at the surcharge rate established as of January 1, 2018; except that, on and after July 1, 2023, the commission may reduce the surcharge rate to ensure that the amount of money collected does not exceed twenty-five million dollars in calendar year 2024.
(IV) The commission shall allocate to the high cost support mechanism
account dedicated to broadband deployment, on a quarterly basis and by the end of the month following the previous quarter, the following percentages of the total quarterly amount of high cost support mechanism money collected, minus administrative costs and distributions required under subsection (4) of this section:
(A) to (C) (Deleted by amendment, L. 2024.)
(D) For each quarter in 2022, ninety percent;
(E) For each quarter in 2023 and for each quarter in each subsequent year,
one hundred percent.
(V) The nonrural incumbent local exchange carrier will receive, on a
quarterly basis and by the end of the month following the previous quarter, the balance of the remaining quarterly high cost support mechanism collections after the distributions required by subsections (2)(a)(IV) and (4) of this section have been made.
(VI) In accordance with subsection (2)(a)(IV) of this section, the commission,
in making distributions of high cost support mechanism money in the years 2019 through 2023, shall neither:
(A) Make effective competition determinations; nor
(B) Apply any section of this article 15 that requires an effective competition
determination be made or that in any way conflicts with subsections (2)(a)(IV) and (4) of this section with regard to the distributions.
(b) Notwithstanding section 24-1-136 (11)(a)(I), on or before December 1 of
each year, the commission shall submit a written report to the committees of reference in the senate and house of representatives that are assigned to hear telecommunications issues, in accordance with section 24-1-136, C.R.S., accounting for the operation of the high cost support mechanism during the preceding calendar year and containing the following information, at a minimum:
(I) The total amount of money that the commission determined should
constitute the high cost support mechanism from which distributions would be made;
(II) The total amount of money ordered to be contributed through a neutral
assessment collected by each telecommunications service provider;
(III) The basis on which the contribution of each telecommunications service
provider was calculated;
(IV) The benchmarks used and the basis on which the benchmarks were
determined;
(V) The total amount of money that the commission determined should be
distributed from the high cost support mechanism;
(VI) The total amount of money distributed to each telecommunications
service provider from the high cost support mechanism;
(VII) The basis on which the distribution to telecommunications service
providers was calculated;
(VIII) As to each telecommunications service provider receiving a
distribution, the amount received by geographic support area and type of customer, the way in which the benefit of the distribution was applied or accounted for;
(IX) The proposed benchmarks, the proposed contributions to be collected
through a neutral assessment on each telecommunications provider, and the proposed total amount of the high cost support mechanism from which distributions are to be made for the following calendar year; and
(X) The total amount of distributions made from the high cost support
mechanism, directly or indirectly, and how they are balanced by rate reductions by all providers for the same period and a full accounting of and justification for any difference.
(c) If the report submitted pursuant to paragraph (b) of this subsection (2)
contains a proposal for an increase in any of the amounts listed in subparagraph (IX) of said paragraph (b), such increase shall be suspended until March 31 of the following year.
(d) Repealed.
(e) In addition to the annual report submitted under paragraph (b) of this
subsection (2) by the commission, the department of regulatory agencies shall include in its presentation to the appropriate legislative committee under the requirements of part 2 of article 7 of title 2, C.R.S., an update on the implementation and administration of the high cost support mechanism.
(3) (a) There is hereby created, in the state treasury, the Colorado high cost
administration fund, referred to in this section as the fund, which shall be used to reimburse the commission and its contractors for reasonable expenses incurred in the administration of the high cost support mechanism, including administrative costs incurred in association with broadband service, as determined by rules of the commission. The general assembly shall appropriate annually the money in the fund that is to be used for the direct and indirect administrative costs incurred by the commission and its contractors. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund. Only the money in the high cost support mechanism that is necessary for administering the high cost support mechanism shall be transmitted to the state treasurer, who shall credit the same to the fund. All interest derived from the deposit and investment of money in the fund remains in the fund and does not revert to the general fund.
(b) Repealed.
(c) Notwithstanding any provision of paragraph (a) of this subsection (3) to
the contrary, on July 31, 2009, the state treasurer shall deduct from the fund an amount equal to the amount transferred to the fund pursuant to Senate Bill 09-272, enacted in 2009, and transfer such amount to the general fund.
(4) Notwithstanding any other provision to the contrary in sections 40-15-207 and 40-15-502 or this section, rural telecommunications providers receiving
support from the high cost support mechanism as of January 1, 2017, will continue to receive support, on a quarterly basis and by the end of the month following the previous quarter, at the same level of reimbursement established by averaging the payments received for calendar years 2015 and 2016, beginning on January 1, 2019, and continuing each quarter in each subsequent year. The commission shall administer the high cost support mechanism to ensure compliance with this section.
(5) On or before December 31, 2018, the commission shall establish a plan to
eliminate, on an exchange-area-by-exchange-area basis, obligations imposed pursuant to sections 40-15-401 (1)(b)(IV) and 40-15-502 (5)(b) and (6)(a) consistent with the reductions in the high cost support mechanism distributions for basic service pursuant to subsection (2)(a)(IV) of this section.
(6) Repealed.
Source: L. 92: Entire section added, p. 2126, � 1, effective April 16. L. 95:
Entire section amended, p. 756, � 5, effective May 24. L. 98: Entire section amended, p. 702, � 1, effective July 1. L. 2001: IP(2)(b) amended, p. 1181, � 23, effective August 8. L. 2008: (1) and (2)(a) amended, p. 1703, � 3, effective June 2. L. 2009: (2)(a), (2)(b)(II), (2)(b)(IX), (2)(b)(X), and (3) amended, (SB 09-272), ch. 209, p. 948, � 1, effective May 1; (3) amended, (SB 09-279), ch. 367, p. 1932, � 25, effective June 1. L. 2013: (2)(a)(I) amended, (HB 13-1300), ch. 316, p. 1707, � 132, effective August 7. L. 2014: (2)(a)(I) amended, (HB 14-1331), ch. 152, p. 526, � 5, effective May 9; (2)(a) and (3)(a) amended and (2)(e) added, (HB 14-1328), ch. 173, p. 630, � 2, effective May 10. L. 2017: IP(2)(b) amended, (SB 17-044), ch. 4, p. 8, � 7, effective August 9. L. 2018: (2)(a) and (3)(a) amended and (4) to (6) added, (SB 18-002), ch. 89, p. 707, � 2, effective August 8. L. 2021: (2)(a)(I)(B) amended, (HB 21-1109), ch. 489, p. 3527, � 6, effective July 7. L. 2023: (4) amended, (HB 23-1051), ch. 33, p. 115, � 2, effective August 7. L. 2024: (2)(a)(IV) and (4) amended and (6) repealed, (HB 24-1234), ch. 266, p. 1744, � 2, effective August 7; (2)(a)(I)(B) amended, (HB 24-1336), ch. 219, p. 1366, � 7, effective September 1.
Editor's note: (1) Subsection (2)(d)(II) provided for the repeal of subsection
(2)(d), effective December 31, 1999. (See L. 98, p. 702.)
(2) Amendments to subsection (3) by Senate Bill 09-272 and Senate Bill 09-279 were harmonized.
(3) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective
July 1, 2010. (See L. 2009, p. 948.)
(4) Amendments to subsections (2)(a) and (2)(a)(I) by HB 14-1328 and HB 14-1331 were harmonized.
Cross references: For the legislative declaration in HB 23-1051, see section 1
of chapter 33, Session Laws of Colorado 2023.
C.R.S. § 40-15-209
40-15-209. Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions. (1) Except as provided in subsection (3) of this section, an internet service provider that is otherwise eligible to receive money through a grant from the Colorado broadband office pursuant to section 24-37.5-905 or through any state fund established to help finance broadband deployment is not eligible to receive that money if the internet service provider:
(a) Blocks any lawful internet content, applications, services, or devices
unless the blocking is conducted in a manner consistent with reasonable network management practices;
(b) Engages in paid prioritization of internet content;
(c) Regulates network traffic by throttling bandwidth or otherwise impairs or
degrades lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation results solely from the evenhanded application of reasonable network management practices; or
(d) Fails or refuses to disclose, subject to reasonable conditions to protect
proprietary information, its network management practices.
(2) (a) If the commission learns from the Colorado broadband office that a
federal agency has issued a final order or entered into a settlement or consent decree regarding, or a court of competent jurisdiction has issued a final judgment against, an internet service provider and that the office has determined from the order, decree, or judgment that the internet service provider has engaged in conduct specified in subsection (1) of this section, the commission shall issue a written order to the internet service provider requiring the internet service provider to fully refund any money that the internet service provider received in the twenty-four months preceding the office's determination from the high cost support mechanism pursuant to a grant awarded by the Colorado broadband office under section 24-37.5-905.
(b) An order issued by the commission pursuant to subsection (2)(a) of this
section must include an itemized statement of the amount of money that the internet service provider is required to refund and instructions on how to refund the money.
(c) The third-party contractor that maintains the high cost support
mechanism shall allocate any money refunded to the high cost support mechanism pursuant to this subsection (2) to the high cost support mechanism account dedicated to broadband deployment, which account is described in section 24-37.5-905.
(d) A requirement that an internet service provider refund money to the high
cost support mechanism pursuant to this section does not relieve the internet service provider of any provider-of-last-resort obligations that the internet service provider otherwise has pursuant to this article 15.
(3) An internet service provider is exempt from the obligations set forth in
subsections (1) and (2) of this section if the internet service provider engages in any of the practices listed in subsections (1)(a) to (1)(d) of this section in the course of:
(a) Providing, facilitating the provision of, or addressing emergency
communications, as permitted or required by law or at the request or direction of authorities serving in law enforcement, public safety, or national security; or
(b) Addressing copyright infringement or other unlawful activity.
(4) As used in this section:
(a) (I) Broadband internet access service means a mass-market retail
service that provides the capability to transmit and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the service, but excluding dial-up internet access service.
(II) Broadband internet access service includes services provided over any
technology platform, including wire, terrestrial wireless, and satellite.
(b) Internet service provider means a provider of broadband internet
access service in Colorado.
(c) Paid prioritization means the management of an internet service
provider's network to directly or indirectly favor some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either:
(I) In exchange for consideration, monetary or otherwise, from a third party;
(II) To benefit an affiliated entity; or
(III) To disadvantage a competing entity or its affiliates.
(d) Reasonable network management means a network management
practice that is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.
(e) Throttling means the intentional slowing of broadband internet access
service.
Source: L. 2019: Entire section added, (SB 19-078), ch. 210, p. 2213, � 1,
effective May 17. L. 2021: IP(1), (2)(a), and (2)(c) amended, (HB 21-1109), ch. 489, p. 3527, � 7, effective July 7. L. 2024: IP(1), (2)(a), and (2)(c) amended, (HB 24-1336), ch. 219, p. 1367, � 8, effective September 1.
PART 3
EMERGING COMPETITIVE TELECOMMUNICATIONS SERVICE
C.R.S. § 40-15-302.5
40-15-302.5. Resellers of toll services - registration required. (1) Interexchange providers shall register with the commission in a form satisfactory to the commission. A registration must include, at a minimum, the following information updated within fifteen days after any change:
(a) The interexchange provider's name and complete address;
(b) All names under which the interexchange provider does business;
(c) All names and identification numbers under which the interexchange
provider has registered with the Colorado secretary of state or the Colorado department of revenue;
(d) The name, title, address, and telephone number of an authorized
representative to whom the commission may make inquiries; and
(e) A toll-free telephone number to which consumer inquiries or complaints
may be made.
(2) An interexchange provider that registers in accordance with subsection
(1) of this section is exempt from regulation by the commission except as otherwise provided in this section.
(3) For the purpose of enforcing section 40-15-112, the commission may
exercise any of the powers conferred under articles 1 to 7 of this title against an interexchange provider and, in cases of complaints filed under section 40-6-108, may order an interexchange provider to make due reparations to the complaining party.
(4) Pursuant to section 24-50-504 (2)(a), C.R.S., the commission shall enter
into personal services contracts that create an independent contractor relationship for the administration of this section and section 40-15-112.
Source: L. 98: Entire section added, p. 844, � 2, effective May 26. L. 2004: (4)
amended, p. 1703, � 48, effective July 1, 2005. L. 2014: IP(1), (1)(a), (1)(b), (1)(c), (2), and (3) amended, (HB 14-1330), ch. 151, p. 518, � 4, effective May 9.
C.R.S. § 40-15-401
40-15-401. Services, products, and providers exempt from regulation - definition. (1) The following products, services, and providers are exempt from regulation under this article 15 or under the Public Utilities Law of the state of Colorado:
(a) Cable services as defined by section 602 (5) of the federal Cable
Communications Policy Act of 1984;
(b) Basic service; except that:
(I) The high cost support mechanism, as described in sections 40-15-208 and
40-15-502, remains effective to support basic service regardless of the classification of basic service or voice-over-internet protocol service in this part 4;
(II) (A) Until July 1, 2016, each incumbent local exchange carrier shall charge
a uniform price for basic service throughout its service territory; except that an incumbent local exchange carrier shall not charge a price for basic service that is more than the price that the carrier charged on December 31, 2013, unless the price charged is lower than the urban rate floor prescribed by the federal communications commission. If a carrier charges less than the urban rate floor, the carrier may increase the price to equal but not exceed the urban rate floor; except that, if the commission orders reductions in intercarrier compensation rates, an incumbent local exchange carrier may increase local rates to recover some or all of the lost revenues associated with the commission's action.
(B) As used in this subparagraph (II), urban rate floor means the basic local
exchange service rate required to be charged in order to prevent a reduction in federal high cost support.
(III) Until July 1, 2016, each incumbent local exchange carrier remains subject
to any obligations as provider of last resort, as established by the commission under section 40-15-502 (6), throughout its service territory;
(IV) On and after July 1, 2016, throughout each geographic area for which the
commission provides high cost support mechanism distributions for basic service under sections 40-15-208 and 40-15-502 (5), the commission retains the authority to:
(A) Designate providers of last resort under section 40-15-502 (6);
(B) Determine a maximum price for basic service under section 40-15-502
(3)(b);
(C) Prohibit providers from discontinuing basic service, notwithstanding
section 40-15-111; and
(D) Audit, investigate, and enforce compliance with regulation permitted in
this section and sections 40-15-208 and 40-15-502 (5);
(V) Providers of basic service remain subject to the following fees and
surcharges:
(A) High cost support mechanism assessments calculated under section 40-15-502 (5)(a);
(B) Emergency service surcharges assessed under part 1 of article 11 of title
29, C.R.S., to support 911 service; and
(C) Telecommunications relay service charges assessed under article 17 of
this title; and
(VI) If, after July 1, 2018, the commission finds that re-regulation of basic
local exchange service is necessary to protect the public interest following a hearing and upon findings of fact and conclusions of law, the commission may regulate basic local exchange service under part 3 of this article.
(c) Commercial mobile radio services;
(d) Repealed.
(e) New products and services other than those included in the definition of
basic local exchange service;
(f) Centron and centron-like services;
(g) Special arrangements;
(h) Special assemblies;
(i) Information services;
(j) Optional operator services;
(k) Advanced features;
(l) Special access;
(m) Public coin telephone service;
(n) Retail digital private line service;
(o) Retail private line service with a capacity of at least twenty-four voice
grade circuits;
(p) Retail directory assistance;
(p.5) Private telecommunications networks;
(q) Internet-protocol-enabled services;
(r) Voice-over-internet protocol service;
(s) InterLATA toll, except with respect to interexchange provider registration
under section 40-15-302.5, complaints of unauthorized charges on a subscriber's bill, or complaints of changing a subscriber's service without the subscriber's consent;
(t) IntraLATA toll, except with respect to interexchange provider registration
under section 40-15-302.5, complaints of unauthorized charges on a subscriber's bill, or complaints of changing a subscriber's service without the subscriber's consent; and
(u) Nonoptional operator services.
(2) Nothing in this section affects, modifies, or expands:
(a) An entity's obligations under sections 251 and 252 of the federal
Communications Act of 1934, as amended, and codified in 47 U.S.C. secs. 251 and 252;
(b) Any commission authority over wholesale telecommunications rates,
services, agreements, providers, or tariffs;
(c) Any commission authority addressing or affecting the resolution of
disputes regarding intercarrier compensation; or
(d) The requirements for the receipt of state or federal financial assistance
through a high cost support mechanism.
(3) If a telecommunications service or product is not defined in part 1 of this
article and is not classified under part 2 or 3 of this article, the telecommunications service or product is classified as a deregulated telecommunications service under this part 4.
(4) Nothing in this part 4 shall be construed to affect, modify, limit, or
expand the commission's authority to regulate basic emergency service.
(5) This section does not affect the establishment or enforcement of
standards, requirements, procedures, or procurement policies, applicable to any department, agency, commission, or political subdivision of the state, or to the employees, agents, or contractors of a department, agency, commission, or political subdivision of the state, relating to the protection of intellectual property.
Source: L. 87: Entire article R&RE, p. 1487, � 1, effective July 2. L. 93: (1)(e)
amended, p. 2082, � 54, effective July 1. L. 94: (1)(j) amended, p. 1064, � 5, effective May 4. L. 99: (1)(e) amended and (1)(m) added, p. 187, � 6, effective March 31. L. 2000: (1) amended, p. 419, � 5, effective April 14. L. 2008: (1)(a) amended, p. 1915, � 133, effective August 5. L. 2014: (1)(b) amended and (1)(p.5), (2), (3), (4), and (5) added, (HB 14-1331), ch. 152, p. 527, � 9, effective May 9; (1)(c), (1)(i), (1)(k), and (1)(p) amended, (1)(d) repealed, and (1)(q), (1)(r), (1)(s), (1)(t), (2), (3), (4), and (5) added, (HB 14-1329), ch. 150, p. 514, � 3, effective May 9. L. 2019: IP(1), (1)(s), and (1)(t) amended and (1)(u) added, (SB 19-236), ch. 359, p. 3316, � 23, effective May 30. L. 2021: (1)(s) and (1)(t) amended, (SB 21-266), ch. 423, p. 2806, � 40, effective July 2.
Editor's note: Section 602(5) of the federal Cable Communications Policy
Act of 1984 referenced in subsection (1)(a) was repealed October 25, 1994. For the Cable Communications Policy Act of 1984, see Pub.L. 98-549.
Cross references: For the Public Utilities Law, see articles 1 to 7 of this
title.
C.R.S. § 40-15-603
40-15-603. Statute of limitations - damages - limitations on damages. (1) (a) No claim or cause of action against an electric utility or a commercial broadband supplier concerning the electric utility's or commercial broadband supplier's exercise of rights under this part 6 or any actions that the electric utility or commercial broadband supplier takes before August 2, 2019, that, if taken after August 2, 2019, would be authorized under section 40-15-602 (1) may be brought by or on behalf of an interest holder more than two years after the latest of:
(I) August 2, 2019;
(II) The date of delivery of notice pursuant to section 40-15-602 (2); or
(III) The date of recording of a memorandum pursuant to section 40-15-602
(2).
(b) Subsection (1)(a) of this section does not apply to a claim or cause of
action based on:
(I) Physical damage to property;
(II) Injury to natural persons; or
(III) Breach of the terms and conditions of a written electric easement as the
terms and conditions apply in accordance with section 40-15-602 (4).
(c) Nothing in this section extends the statutory limitation period applicable
to a claim or revives an expired claim.
(2) A claim or cause of action to which subsection (1)(a) of this section
applies shall not be brought by or on behalf of an interest holder against a commercial broadband supplier for actions that the commercial broadband supplier has taken under section 40-15-602 (2) on behalf of an electric utility. Nothing in this subsection (2) prohibits an electric utility and a commercial broadband supplier from contracting to allocate liability for actions taken under section 40-15-602 (2).
(3) If an interest holder brings a trespass claim, inverse condemnation claim,
or any other claim or cause of action to which subsection (1)(a) of this section applies for an electric utility's or commercial broadband supplier's exercise of rights or performance of actions described in section 40-15-602 (1)(a) or (1)(b), the following applies to the claim or cause of action:
(a) The measure of damages for all claims or causes of action to which
subsection (1)(a) of this section applies, taken together, is the fair market value of the reduction in value of the interest holder's interest in the real property, as contemplated by section 38-1-121 (1). In determining or providing the fair market value under this subsection (3)(a):
(I) The following shall not be used and are not admissible as evidence in any
proceeding:
(A) Profits, fees, or revenue derived from the attached facilities; or
(B) The rental value of the real property interest or the electric easement,
including the rental value of any attached facilities or an assembled broadband corridor; and
(II) Consideration must be given to any increase in value to the real property
interest resulting from the availability of commercial broadband service to the real property underlying the real property interest that arises from the installation of attached facilities.
(b) The interest holder must make reasonable accommodations for the
electric utility or commercial broadband supplier to perform an appraisal or inspection of the real property within ninety days following any written request for an appraisal or inspection. If an interest holder fails to make such accommodations, the electric utility or commercial broadband supplier has no further liability to the interest holder. The electric utility or commercial broadband supplier shall promptly provide to the interest holder a copy of any appraisal performed pursuant to this subsection (3)(b).
(c) Any damages for any claims or causes of action to which subsection (1)(a)
of this section applies:
(I) Are limited to those damages that existed at the time that the electric
utility or commercial broadband supplier first exercised the rights or performed the actions; and
(II) Shall not be deemed to continue, accrue, or accumulate.
(d) With regard to a claim or cause of action to which subsection (1)(a) of this
section applies:
(I) Except for an electric utility's or commercial broadband supplier's failure
to comply with section 40-15-602 (2), negligence, or willful misconduct, or in accordance with the terms and conditions of a written electric easement as the terms and conditions apply in accordance with section 40-15-602 (4), an interest holder is not entitled to reimbursement from an electric utility or commercial broadband supplier for the cost of any appraisal, attorney fees, or award for special, consequential, indirect, or punitive damages;
(II) For purposes of this subsection (3)(d), any action or failure to act by an
electric utility or commercial broadband supplier in furtherance of the electric utility's or commercial broadband supplier's exercise of rights set forth in section 40-15-602 (1) shall not be deemed negligence or willful misconduct.
(4) By accepting a damage award for any claim or cause of action to which
subsection (1)(a) of this section applies, an interest holder shall be deemed to have granted an increase in the scope of the electric easement, equal in duration to the term of the electric easement and subject to section 40-15-602 (4), to the extent of the interest holder's rights in the real property, for all of the uses of the real property and actions set forth in section 40-15-602 (1).
Source: L. 2019: Entire part added, (SB 19-107), ch. 424, p. 3708, � 1, effective
August 2.
C.R.S. § 40-2-125.5
40-2-125.5. Carbon dioxide emission reductions - goal to eliminate by 2050 - legislative declaration - interim targets - submission and approval of plans - definitions - cost recovery - reports - rules. (1) Legislative declaration. The general assembly finds and declares that:
(a) It is a matter of statewide importance to promote the development of
cost-effective clean energy and new technologies and reduce the carbon dioxide emissions from the Colorado electric generating system;
(b) The creation of a low-cost, reliable, and clean electricity system is critical
to achieving the level of greenhouse gas emissions necessary to avoid the worst impacts of climate change and advancing a robust and efficient low-carbon economy for the state of Colorado and the nation;
(c) Technology advancement has already allowed Colorado to achieve
reductions in carbon dioxide emissions from the electric utility sector, and continued technology development is key to extend progress toward a reliable, low-cost, clean energy future;
(d) Alternative financing mechanisms may result in lower costs to electric
utility customers; therefore, it is helpful to provide alternative financing mechanisms that utilities may use to reduce the total amount of costs being included in customer rates resulting from accelerating the retirement of electric generating facilities; and
(e) A bold clean energy policy will support this progress and allow
Coloradans to enjoy the benefits of reliable clean energy at an affordable cost.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Clean energy plan means a plan filed by a qualifying retail utility as part
of its electric resource plan to reduce the qualifying retail utility's carbon dioxide emissions associated with electricity sales to the qualifying retail utility's electricity customers by eighty percent from 2005 levels by 2030, and that seeks to achieve providing its customers with energy generated from one-hundred-percent clean energy resources by 2050.
(b) (I) Clean energy resource means any electricity-generating technology
that generates or stores electricity without emitting carbon dioxide into the atmosphere.
(II) Clean energy resource includes, without limitation:
(A) Eligible energy resources as defined in section 40-2-124 (1)(a); and
(B) Nuclear energy, including nuclear energy projects awarded funding
through the United States department of energy's advanced nuclear reactor programs.
(c) (I) Qualifying retail utility means a retail utility providing electric service
to more than five hundred thousand customers in this state or any other electric utility that opts in pursuant to subsection (3)(b) of this section.
(II) Qualifying retail utility does not include a municipally owned utility.
(3) Clean energy targets. (a) In addition to the other requirements of this
section, a qualifying retail utility shall meet the following clean energy targets:
(I) By 2030, the qualifying retail utility shall reduce the carbon dioxide
emissions associated with electricity sales to the qualifying retail utility's electricity customers by eighty percent from 2005 levels.
(II) For the years 2050 and thereafter, or sooner if practicable, the qualifying
retail utility shall seek to achieve the goal of providing its customers with energy generated from one-hundred-percent clean energy resources so long as doing so is technically and economically feasible, in the public interest, and consistent with the requirements of this section.
(III) The qualifying retail utility shall retire renewable energy credits
established under section 40-2-124 (1)(d), in the year generated, by any eligible energy resources used to comply with the requirements of this section.
(b) Any other electric public utility may opt into the full terms of this entire
section upon notification to the commission.
(4) Submission and approval of plans. (a) The first electric resource plan
that a qualifying retail utility files with the commission after January 1, 2020, must include a clean energy plan that will achieve the clean energy target set forth in subsection (3)(a)(I) of this section and make progress toward the one-hundred-percent clean energy goal set forth in subsection (3)(a)(II) of this section in accordance with the following:
(I) The electric resource plan containing the clean energy plan must utilize a
resource acquisition period that extends through 2030.
(II) The clean energy plan submitted to the commission must set forth a plan
of actions and investments by the qualifying retail utility projected to achieve compliance with the clean energy targets in subsections (3)(a)(I) and (3)(a)(II) of this section and that result in an affordable, reliable, and clean electric system.
(III) In the electric resource plan that includes the clean energy plan, the
qualifying retail utility shall clearly distinguish between the set of resources necessary to meet customer demands in the resource acquisition period and the additional clean energy plan activities that may be undertaken to meet the clean energy target in subsection (3)(a)(I) of this section, which may create an additional resource need for the clean energy plan. These activities may include retirement of existing generating facilities, changes in system operation, or any other necessary actions.
(IV) After conducting any procurement process pursuant to subsection (5)(b)
of this section or otherwise, the qualifying retail utility shall set forth the actions and investments required to fill the additional resource need identified for the clean energy plan to satisfy the clean energy target in subsection (3)(a)(I) of this section. These actions and investments may include development of new clean energy resources, development of new transmission and other supporting infrastructure, and clean energy resource acquisitions. Any new transmission development is subject to existing commission and stakeholder transmission planning processes, as applicable.
(V) The clean energy plan must describe the effect of the actions and
investments included in the clean energy plan on the safety, reliability, renewable energy integration, and resilience of electric service in the state of Colorado.
(VI) The clean energy plan must set forth the projected cost of its
implementation and anticipated reductions in carbon dioxide and other emissions.
(VII) If the clean energy plan includes accelerated retirement of any existing
generating facilities, the clean energy plan must include workforce transition and community assistance plans for utility workers impacted by any clean energy plan and a plan to pay community assistance to any local government or school district, the voters of which have approved projects the costs of which are expected to be paid for from property taxes that are directly impacted by the accelerated retirement of the electric generating facility in an amount equal to the costs of the voter-approved projects that were expected to be paid from the revenue sources directly impacted by the accelerated retirement of the projects, including but not limited to the payment of bonds, notes, or other multiple-fiscal year obligations or financed purchase of an asset or certificate of participation agreements that have been issued or entered into to pay the costs of such projects. Any payment of community assistance shall be reduced on an equivalent basis to the extent that property tax is derived from new electric infrastructure developed in the same impacted community. The qualifying retail utility may propose a cost-recovery mechanism to recover the prudently incurred costs of any workforce transition and community assistance plans, while giving due consideration to the impact on low-income customers. The qualifying retail utility will not earn its authorized rate of return on any noncapital costs incurred as part of any workforce transition plan. The workforce transition and community assistance plans must include, to the extent feasible, estimates of:
(A) The number of workers employed by the utility or a contractor of the
utility at the electric generating facility;
(B) The total number of existing workers with jobs that will be retained and
the total number of existing workers with jobs that will be eliminated due to the retirement of the electric generating facility;
(C) With respect to the existing workers with jobs that will be eliminated due
to the retirement of the electric generating facility, the total number and number by job classification of workers for whom: Employment will end without being offered other employment by the utility; the workers will retire as planned, be offered early retirement, or leave voluntarily; the workers will be retained by being transferred to other electric generating facilities or offered other employment by the utility; and the workers will be retrained to continue to work for the utility in a new job classification;
(D) If the utility is replacing the electric generating facility being retired with
a new electric generating facility: The number of workers from the retired electric generating facility that will be offered employment at the new electric generating facility and the number of jobs at the new electric generating facility that will be outsourced to subcontractors. The utility shall develop a training or apprenticeship program, under the terms of an applicable collective bargaining agreement, if any, for the maintenance and operation of any new combination generation and storage facility owned by the utility that does not emit carbon dioxide, to which facility displaced workers may transfer as appropriate.
(VIII) If the minimum amounts of electricity from eligible energy resources
set forth in section 40-2-124 (1)(c) are satisfied, a qualifying retail utility may propose to use up to one-half of the funds collected annually under section 40-2-124 (1)(g), as well as any accrued funds, to recover the incremental cost of clean energy resources and their directly related interconnection facilities. The utility may account for these funds in calculating the cost of the plan.
(b) The division of administration in the department of public health and
environment shall participate in any proceeding seeking approval of a clean energy plan developed by a qualifying retail utility pursuant to this section. The division shall describe the methods of measuring carbon dioxide emissions and shall verify the projected carbon dioxide emission reductions as a result of the clean energy plan.
(c) (I) After consulting with the air quality control commission, the division of
administration shall determine whether a clean energy plan as filed under this section will result in an eighty percent reduction, relative to 2005 levels, in carbon dioxide emissions from the qualifying retail utility's Colorado electricity sales by 2030 and is otherwise consistent with any greenhouse gas emission reduction goals established by the state of Colorado. The division shall publish, and shall report to the public utilities commission, the division's calculation of carbon dioxide emission reductions attributable to any approved clean energy plan. Nothing in the division's engagement in this process shall be construed to diminish or override the commission's authority under this title 40.
(II) Notwithstanding anything in this section to the contrary, the division shall
comply with section 25-7-105 (1)(e)(VIII.2) in making any calculation or determination pursuant to subsection (4)(c)(I) of this section.
(d) The commission shall approve the clean energy plan if the commission
finds it to be in the public interest and consistent with the clean energy target in subsection (3)(a)(I) of this section, and the commission may modify the plan if the modification is necessary to ensure that the plan is in the public interest. In evaluating whether a clean energy plan submitted to the commission is in the public interest, the commission shall consider the following factors, among other relevant factors as defined by the commission:
(I) Reductions in carbon dioxide and other emissions that will be achieved
through the clean energy plan and the environmental and health benefits of those reductions;
(II) The feasibility of the clean energy plan and the clean energy plan's
impact on the reliability and resilience of the electric system. The commission shall not approve any plan that does not protect system reliability.
(III) Whether the clean energy plan will result in a reasonable cost to
customers, as evaluated on a net present value basis. In evaluating the cost impacts of the clean energy plan, the commission shall consider the effect on customers of the projected costs associated with the plan as set forth in subsection (4)(a)(VI) of this section as well as any projected savings associated with the plan, including projected avoided fuel costs.
(e) If the commission finds that approval of the clean energy plan is not in
the public interest, or if the commission modifies the plan, the utility may choose to submit an amended plan to the commission for approval in lieu of having no plan or implementing the modified plan. No clean energy plan is effective without commission approval.
(5) Regulatory matters. (a) Ensuring retail rate stability. (I) The
commission shall establish a maximum electric retail rate impact of one and one-half percent of the total electric bill annually for each customer for implementation of the approved additional clean energy plan activities, consistent with this subsection (5). Nothing in this subsection (5)(a) supersedes subsection (3)(a)(I) of this section.
(II) A qualifying retail utility shall collect revenues for the additional clean
energy plan activities through a clean energy plan revenue rider assessed on a percentage basis on all retail customer bills, as deemed prudent by the commission. The revenue rider may be established as early as the year following approval of a clean energy plan by the commission, and the qualifying retail utility may propose a commencement date and level no greater than the maximum electric retail rate impact. The revenue rider shall afford the qualifying retail utility cost-recovery treatment up to the maximum electric retail rate impact until the first rate case following the final implementation of the clean energy plan, at which time the remaining costs and savings associated with the clean energy plan will be incorporated into base rates. The qualifying retail utility may propose to adjust the level of the retail rate rider over time so long as it does not exceed the maximum retail rate impact and as deemed prudent by the commission. Nothing in this subsection (5) affects the commission's authority to evaluate the prudence of costs associated with approved clean energy plan activities.
(III) The clean energy plan revenue rider will be utilized for costs of a
qualifying retail utility's clean energy plan capital investments and operating and related expenses, exclusive of:
(A) Fuel and transmission costs;
(B) Costs associated with the capital investments and operating and related
expenses within the overall approved resource portfolio necessary to fully satisfy the resource need identified for the electric resource plan without the clean energy plan;
(C) The incremental costs of eligible energy resources recovered with funds
collected under section 40-2-124 (1)(g); and
(D) The incremental costs of any clean energy resources and their directly
related interconnection facilities that, subject to commission approval, are recovered with funds collected under section 40-2-124 (1)(g) in accordance with subsection (4)(a)(VIII) of this section. Savings associated with the plan will return to customers through existing rate riders and base rate adjustments.
(IV) The clean energy plan revenue rider shall afford customers certainty on
the maximum rate impact of the approved additional clean energy plan activities through at least calendar year 2030. Annually, the qualifying retail utility shall file a report with the commission indicating, at a minimum:
(A) The amount of rider collections;
(B) The revenue requirement associated with the approved additional clean
energy plan activities to be paid for from the rider collections;
(C) Any positive or negative rider account balance;
(D) Interest expense associated with the revenue rider balance; and
(E) Any other information required by the commission.
(V) In the first rate case following the final implementation of the clean
energy plan, the commission shall conduct a final reconciliation of the clean energy plan revenue rider and determine how to account for any positive or negative rider balance. In the manner determined by the commission, any remaining positive balance shall be returned to customers or used to reduce customer rates and any negative balance shall be incorporated into the qualifying retail utility's rates.
(b) The qualifying retail utility shall utilize a competitive bidding process, as
defined by the commission in rules, to procure any energy resources to fill the cumulative resource need derived from the electric resource plan and the clean energy plan in subsection (4)(a)(III) of this section. The commission shall allow the qualifying retail utility, inclusive of any ownership by its affiliates, to own a target of fifty percent of the energy and capacity associated with the clean energy resources and any other energy resources developed or acquired to meet the resource need, as well as all associated infrastructure, if the commission finds the cost of utility or affiliate ownership of the generation assets comes at a reasonable cost and rate impact. Utility ownership may come from utility or affiliate self-builds, build-transfers from independent power producers, or sales of existing assets from independent power producers or similar commercial arrangements. Nothing in this subsection (5)(b) alters the commission's authority under subsection (4)(d) of this section.
(c) Any actions, including transmission development, taken by the qualifying
retail utility shall be presumed prudent to the extent those actions are a part of an approved clean energy plan.
(d) For the purposes of this section, the clean energy target evaluation will
be based upon the qualifying retail utility's electricity sales within its electric service territory as it existed on January 1, 2019. In the event of a significant acquisition, the qualifying retail utility may file within one year after the acquisition an additional clean energy plan to address that acquisition, and the commission shall consider the additional clean energy plan consistent with the goals of this section.
(e) The commission may, on its own motion or upon application by a
qualifying retail utility, amend an approved clean energy plan if amendment is necessary to ensure the reliability and resilience of the electric system. The commission may require the qualifying retail utility to provide such periodic reports on the reliability and resiliency of the electric system as it may deem appropriate to ensure the clean energy plan does not adversely impact reliability or resiliency.
(f) The commission shall consider affected communities within the filing
qualifying retail utility's service territory with a tangible and pecuniary interest, and organizations representing those communities shall be presumed to have standing in a proceeding seeking approval of any clean energy plan filed pursuant to this section.
(g) (I) A clean energy plan voluntarily filed by a municipal utility or a
cooperative electric association that has voted to exempt itself from regulation by the commission pursuant to article 9.5 of this title 40 shall be deemed approved by the commission as filed if:
(A) The division of administration, in consultation with the commission,
verifies that the plan demonstrates that, by 2030, the municipal utility or cooperative electric association will achieve at least an eighty-percent reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales relative to 2005 levels; and
(B) The clean energy plan has previously been approved by a vote of the
entity's governing body.
(II) Voluntary submission of a clean energy plan by a municipal utility or a
cooperative electric association does not alter the entity's regulatory status with respect to the commission, including under article 9.5 of this title 40.
(h) Nothing in this subsection (5) precludes the use of bonds as a mechanism
for recovering utility capital in a retired electric generating facility.
(6) Reports. One year after approval of any electric resource plan that
incorporates a clean energy plan, the qualifying retail utility shall prepare a report to the governor, the general assembly, the public utilities commission, and the air quality control commission outlining progress toward the clean energy targets set forth in this section. The report must set forth the clean energy resources developed under any clean energy plan, the cost and customer impact of those clean energy resources, the effect of any approved clean energy plan on system reliability, and any other relevant information. The report must also identify the need for new or additional technology development necessary to achieve the clean energy targets of this section.
(7) Future electric resource plans. Any electric resource plan submitted to
the commission after approval of the clean energy plan must include an update on the progress made toward the approved clean energy plan, as well as actions and investments by the qualifying retail utility projected to achieve compliance with the emission reduction target identified in subsection (3)(a)(I) of this section and make progress toward the one-hundred-percent clean energy goal set forth in subsection (3)(a)(II) of this section. The commission may solicit input from the division of administration for assistance in evaluating the emission reductions associated with any future electric resource plan and consistent with the clean energy targets of this section. The commission shall review the qualifying retail utility's actions and investments in accordance with the standards set forth in subsection (4)(d) of this section.
Source: L. 2019: Entire section added, (SB 19-236), ch. 359, p. 3291, � 5,
effective May 30. L. 2021: IP(4)(a)(VII) amended, (HB 21-1316), ch. 325, p. 2062, � 78, effective July 1. L. 2023: (4)(c) amended, (SB 23-198), ch. 352, p. 2118, � 3, effective June 5. L. 2025: (2)(b) amended, (HB 25-1040), ch. 45, p. 209, � 3, effective August 6.
Cross references: For the legislative declaration in SB 23-198, see section 1
of chapter 352, Session Laws of Colorado 2023. For the legislative declaration in HB 25-1040, see section 1 of chapter 45, Session Laws of Colorado 2025.
C.R.S. § 40-2-126
40-2-126. Transmission facilities - biennial review - energy resource zones - definitions - plans - approval - cost recovery - powerline trail consideration. (1) As used in this section, unless the context otherwise requires:
(a) Energy resource zone means a geographic area in which transmission
constraints hinder the delivery of electricity to Colorado consumers, the development of new electric generation facilities to serve Colorado consumers, or both.
(b) Local government has the meaning set forth in section 33-45-102 (3).
(c) Powerline trail has the meaning set forth in section 33-45-102 (5).
(2) Biennially, on or before a date determined by the commission,
commencing in 2016, each Colorado electric utility subject to rate regulation by the commission shall:
(a) Designate energy resource zones;
(b) Develop plans for the construction or expansion of transmission facilities
necessary to deliver electric power consistent with the timing of the development of beneficial energy resources located in or near such zones;
(c) Consider how transmission can be provided to encourage local ownership
of renewable energy facilities, whether through renewable energy cooperatives as provided in section 7-56-210, C.R.S., or otherwise; and
(d) Submit proposed plans, designations, and applications for certificates of
public convenience and necessity to the commission for review pursuant to subsection (3) of this section.
(2.5) In reviewing a plan that an electric utility submits pursuant to
subsection (2)(d) of this section, the commission shall consider the need for expanded transmission capacity in the state, including the ability to expand capacity through the construction of new transmission lines, improvements to existing transmission lines, and connections to organized wholesale markets, as defined in section 40-5-108 (1)(a).
(3) The commission may, consistent with its authority, approve a utility's
application for a certificate of public convenience and necessity for the cost-effective construction or expansion of transmission facilities pursuant to subsection (2)(b) of this section if the commission finds that:
(a) The construction or expansion:
(I) Is required to:
(A) Ensure the reliable delivery of electricity to Colorado consumers, either
alone or in combination with the consumers of other states served by an organized wholesale market as defined in section 40-5-108 (1)(a); or
(B) Enable the utility to meet the renewable energy standards set forth in
section 40-2-124 or achieve emission reductions under section 25-7-102 or 40-2-125.5;
(II) Can reasonably accommodate future expansion, through the addition of
more lines or greater capacity, as may be required to support the utility's participation in an organized wholesale market as defined in section 40-5-108 (1)(a); and
(b) The present or future public convenience and necessity require such
construction or expansion.
(4) Notwithstanding any other provision of law, in response to any
application for a certificate of public convenience and necessity for the construction or expansion of transmission facilities that is submitted to the commission pursuant to subsection (2)(d) of this section, the commission shall issue a final order within two hundred forty days after the application is deemed complete and public notice of the application is given; except that the applicant may waive this two-hundred-forty-day deadline. Absent such waiver, if the commission does not issue a final order within that period, the application is deemed approved.
(5) In any construction or expansion approved pursuant to this section, the
utility shall use its own employees or qualified contractors, or both, but shall not use a contractor unless the contractor's employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(a) The design, planning, or engineering of the transmission facilities;
(b) Management functions to operate the transmission facilities; or
(c) Any work performed in response to a warranty claim.
(6) The commission shall amend its rules requiring the filing of ten-year
transmission plans by utilities to also require utilities to:
(a) Consider and address plans for the construction of new powerline trails in
coordination with applicable local governments in each two-year update to a ten-year transmission plan; and
(b) Demonstrate compliance with section 33-45-103 (2).
Source: L. 2007: Entire section added, p. 266, � 2, effective March 27. L.
2016: IP(2) and (2)(d) amended and (4) repealed, (HB 16-1091), ch. 48, p. 114, � 1, effective August 10. L. 2021: IP(3) and (3)(a) amended, (4) RC&RE, and (5) added, (SB 21-072), ch. 329, p. 2110, � 1, effective June 24. L. 2022: (1) amended and (6) added, (HB 22-1104), ch. 97, p. 466, � 5, effective April 13. L. 2023: IP(5) amended, (SB 23-051), ch. 37, p. 149, � 32, effective March 23; (2.5) added, (SB 23-016), ch. 165, p. 744, � 16, effective August 7.
Cross references: For the legislative declaration contained in the 2007 act
enacting this section, see section 1 of chapter 61, Session Laws of Colorado 2007. For the legislative declaration in HB 22-1104, see section 1 of chapter 97, Session Laws of Colorado 2022.
C.R.S. § 40-2-127
40-2-127. Community energy funds - community solar gardens - definitions - rules - legislative declaration - applicability - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Local communities can benefit from the further development of
renewable energy, energy efficiency, conservation, and environmental improvement projects, and the general assembly hereby encourages electric utilities to establish community energy funds for the development of such projects;
(b) It is in the public interest that broader participation in solar electric
generation by Colorado residents and commercial entities be encouraged by the development and deployment of distributed solar electric generating facilities known as community solar gardens, in order to:
(I) Provide Colorado residents and commercial entities with the opportunity
to participate in solar generation in addition to the opportunities available for rooftop solar generation on homes and businesses;
(II) Allow renters, low-income utility customers, and agricultural producers
to own interests in solar generation facilities;
(III) Allow interests in solar generation facilities to be portable and
transferrable; and
(IV) Leverage Colorado's solar generating capacity through economies of
scale.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) The definitions in section 40-2-124 apply; and
(b) In addition:
(I) (A) Community solar garden means a solar electric generation facility
with a nameplate rating within the range specified under subsection (2)(b)(I)(D) of this section that is located in or near a community served by a qualifying retail utility where the beneficial use of the electricity generated by the facility belongs to the subscribers to the community solar garden. There shall be at least ten subscribers. The owner of the community solar garden may be the qualifying retail utility or any other for-profit or nonprofit entity or organization, including a subscriber organization organized under this section, that contracts to sell the output from the community solar garden to the qualifying retail utility. A community solar garden shall be deemed to be located on the site of customer facilities.
(B) A community solar garden shall constitute retail distributed generation
within the meaning of section 40-2-124, as amended by House Bill 10-1001, enacted in 2010.
(C) Notwithstanding any provision of this section or section 40-2-124 to the
contrary, a community solar garden constitutes retail distributed generation for purposes of a cooperative electric association's compliance with the applicable renewable energy standard under section 40-2-124.
(D) A community solar garden must have a nameplate rating of five
megawatts or less; except that the commission may, in rules adopted pursuant to subsection (3)(b) of this section, approve the formation of a community solar garden with a nameplate rating of up to ten megawatts on or after July 1, 2023.
(II) Subscriber means a retail customer of a qualifying retail utility who
owns a subscription and who has identified one or more physical locations to which the subscription is attributed. Such physical locations must be within the service territory of the same qualifying retail utility as the community solar garden. The subscriber may change from time to time the premises to which the community solar garden electricity generation shall be attributed, so long as the premises are within the same service territory.
(III) Subscription means a proportional interest in solar electric generation
facilities installed at a community solar garden, together with the renewable energy credits associated with or attributable to such facilities under section 40-2-124. Each subscription shall be sized to represent at least one kilowatt of the community solar garden's generating capacity and to supply no more than one hundred twenty percent of the average annual consumption of electricity by each subscriber at the premises to which the subscription is attributed, with a deduction for the amount of any existing solar facilities at such premises. Subscriptions in a community solar garden may be transferred or assigned to a subscriber organization or to any person or entity who qualifies to be a subscriber under this section.
(3) Subscriber organization - subscriber qualifications - transferability of
subscriptions. (a) The community solar garden may be owned by a subscriber organization, whose sole purpose shall be beneficially owning and operating a community solar garden. The subscriber organization may be any for-profit or nonprofit entity permitted by Colorado law. The community solar garden may also be built, owned, and operated by a third party under contract with the subscriber organization.
(b) The commission shall adopt rules as necessary to implement this section,
including rules to facilitate the financing of subscriber-owned community solar gardens. The rules must include:
(I) Minimum capitalization;
(II) The share of a community solar garden's eligible solar electric generation
facilities that a subscriber organization may at any time own in its own name; and
(III) Authorizing subscriber organizations to enter into leases, sale-and-leaseback transactions, operating agreements, and other ownership arrangements
with third parties.
(c) If a subscriber ceases to be a customer at the premises on which the
subscription is based but, within a reasonable period as determined by the commission, becomes a customer at another premises in the service territory of the qualifying retail utility and within the geographic area served by the community solar garden, the subscription shall continue in effect but the bill credit and other features of the subscription shall be adjusted as necessary to reflect any differences between the new and previous premises' customer classification and average annual consumption of electricity.
(3.5) Standards for construction and operation. The following requirements
apply to any community solar garden exceeding two megawatts:
(a) The initial installation of any photovoltaic module or associated electrical
equipment is subject to final inspection and approval in accordance with section 12-115-120.
(b) Following the development or acquisition by a qualifying retail utility of a
community solar garden in which the qualifying retail utility retains ownership, the qualifying retail utility shall either use its own employees to operate and maintain the community solar garden or contract for operation and maintenance of the community solar garden by a contractor whose employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the infrastructure;
(II) Management functions to operate the infrastructure; or
(III) Any work included in a warranty.
(3.7) Energy sector public works projects. If the development of a
community solar garden is an energy sector public works project, as defined in section 24-92-303 (5), then the project must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.
(4) Community solar gardens not subject to regulation. Neither the owners
of nor the subscribers to a community solar garden shall be considered public utilities subject to regulation by the commission solely as a result of their interest in the community solar garden. Prices paid for subscriptions in community solar gardens shall not be subject to regulation by the commission.
(5) Purchases of the output from community solar gardens. (a) (I) Each
qualifying retail utility shall set forth in its plan for acquisition of renewable resources a plan to purchase the electricity and renewable energy credits generated from one or more community solar gardens over the period covered by the plan.
(II) For the first three compliance years commencing with the 2011
compliance year, each qualifying retail utility shall issue one or more standard offers to purchase the output from community solar gardens of five hundred kilowatts or less at prices that are comparable to the prices offered by the qualifying retail utility under standard offers issued for on-site solar generation. During these three compliance years, the qualifying retail utility shall acquire, through these standard offers, one-half of the solar garden generation it plans to acquire, to the extent the qualifying retail utility receives responses to its standard offers. Notwithstanding any provision of this subparagraph (II) to the contrary, renewable energy credits generated from solar gardens shall not be used to achieve more than twenty percent of the retail distributed generation standard in years 2011 through 2013.
(III) For the first three compliance years commencing with the 2011
compliance year, a qualifying retail utility shall not be obligated to purchase the output from more than six megawatts of newly installed community solar garden generation.
(III.5) Subsections (5)(a)(II) and (5)(a)(III) of this section and this subsection
(5)(a)(III.5) are repealed, effective July 1, 2043.
(IV) For each qualifying retail utility's compliance years commencing in 2014
through 2025, the commission shall determine the minimum and maximum purchases of electrical output from newly installed community solar gardens of different output capacity that the qualifying retail utility shall plan to acquire, without regard to the six-megawatt ceiling of the first three compliance years. In addition, as necessary, the commission shall formulate and implement policies consistent with this section that simultaneously encourage:
(A) The ownership by customers of subscriptions in community solar gardens
and of other forms of distributed generation, to the extent the commission finds there to be customer demand for such ownership;
(B) Ownership in community solar gardens by residential retail customers
and agricultural producers, including low-income customers, to the extent the commission finds there to be demand for such ownership;
(C) The development of community solar gardens with attributes that the
commission finds result in lower overall total costs for the qualifying retail utility's customers;
(D) Successful financing and operation of community solar gardens owned
by subscriber organizations; and
(E) The achievement of the goals and objectives of section 40-2-124.
(b) (I) (A) The output from a community solar garden shall be sold only to the
qualifying retail utility serving the geographic area where the community solar garden is located.
(B) Once a community solar garden is part of a qualifying retail utility's plan
for acquisition of renewable resources, as approved by the commission, the commission shall, by January 30, 2020, initiate a proceeding, or consider in an active proceeding, to determine whether the qualifying retail utility shall purchase all of the electricity and renewable energy credits generated by the community solar garden or whether a subscriber may, upon becoming a subscriber, choose to retain or sell to the qualifying retail utility the subscriber's renewable energy credits.
(C) The amount of electricity and renewable energy credits generated by
each community solar garden shall be determined by a production meter installed by the qualifying retail utility or third-party system owner and paid for by the owner of the community solar garden.
(II) (A) The purchase of the output of a community solar garden by a
qualifying retail utility must take the form of a net metering credit against the qualifying retail utility's electric bill to each community solar garden subscriber at the premises set forth in the subscriber's subscription.
(B) For a subscriber organization that directs the qualifying retail utility to
provide the subscriber organization's subscribers with a bill credit that changes annually, the net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community solar garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber, minus a reasonable charge as determined by the commission. The charge will be used to cover the utility's costs of delivering to the subscriber's premises the electricity generated by the community solar garden, integrating the solar generation with the utility's system, and administering the community solar garden's contracts and net metering credits.
(C) For a subscriber organization that directs the qualifying retail utility to
provide the subscriber organization's subscribers with a fixed bill credit, the net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community solar garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber at the time the subscriber organization applies for or bids capacity into a utility community solar garden program, minus a reasonable charge, as determined by the commission at the time the subscriber organization applies for or bids capacity into a utility community solar garden program. The charge will be used to cover the utility's costs related to: Delivering to the subscriber's premises the electricity generated by the community solar garden, integrating the solar generation with the utility's system, and administering contracts and net metering credits for the community solar garden.
(D) For community solar gardens eligible for a fixed bill credit, and solely for
the purpose of applying the bill credit to a subscriber's bill, the bill credit shall not be applied toward the following rate rider charges, unless the rate rider charges are included in the reasonable charge: Rate rider charges that promote clean energy technologies, including beneficial electrification; rate rider charges that provide low-income bill assistance; or rate rider charges that provide other public benefits as determined by the commission.
(E) By June 30, 2024, the commission shall adopt rules to implement the
fixed bill credit. The rules must consider the change of value to community solar garden customers of the fixed bill credit over time through rate adjustments or other mechanisms.
(F) The commission shall allow a qualifying retail utility to recover the costs
incurred in implementing and maintaining billing systems for the various bill credit processes required pursuant to this subsection (5)(b)(II).
(G) The commission shall ensure that the reasonable charge that the
commission determines pursuant to subsections (5)(b)(II)(B) and (5)(b)(II)(C) of this section does not reflect costs that are already recovered by the utility from the subscriber through other charges.
(H) If, and to the extent that, a subscriber's net metering credit exceeds the
subscriber's electric bill in any billing period, the net metering credit shall be carried forward and applied against future bills.
(I) The qualifying retail utility and the owner of the community solar garden
must agree on whether the purchase of the renewable energy credits from subscribers will be accomplished through a credit on each subscriber's electricity bill or by a payment to the owner of the community solar garden.
(c) The owner of the community solar garden shall provide real-time
production data to the qualifying retail utility to facilitate incorporation of the community solar garden into the utility's operation of its electric system and to facilitate the provision of net metering credits.
(d) The owner of the community solar garden shall be responsible for
providing to the qualifying retail utility, on a monthly basis and within reasonable periods set by the qualifying retail utility, the percentage shares that should be used to determine the net metering credit to each subscriber. If the electricity output of the community solar garden is not fully subscribed, the qualifying retail utility shall purchase the unsubscribed renewable energy and the renewable energy credits at a rate equal to the qualifying retail utility's average hourly incremental cost of electricity supply over the immediately preceding calendar year.
(e) Each qualifying retail utility shall set forth in its plan for acquisition of
renewable resources a proposal for including low-income customers as subscribers to a community solar garden. The utility may give preference to community solar gardens that have low-income subscribers.
(f) Qualifying retail utilities shall be eligible for the incentives and subject to
the ownership limitations set forth in section 40-2-124 (1)(f) for utility investments in community solar gardens and may recover through rates a margin, in an amount determined by the commission, on all energy and renewable energy credits purchased from community solar gardens. Such incentive payments shall be excluded from the cost analysis required by section 40-2-124 (1)(g).
(6) Nothing in this section shall be construed to waive or supersede the retail
rate impact limitations in section 40-2-124 (1)(g). Utility expenditures for unsubscribed energy and renewable energy credits generated by community solar gardens shall be included in the calculations of retail rate impact required by that section.
(7) Applicability to cooperative electric associations and municipally
owned utilities. This section shall not apply to cooperative electric associations or to municipally owned utilities.
(8) Applicability. (a) This section applies to community solar capacity that is
allocated on or before December 31, 2025.
(b) Community solar capacity that is allocated on or after January 1, 2026, is
allocated pursuant to section 40-2-127.2.
Source: L. 2007: Entire section added, p. 265, � 2, effective March 27. L.
2010: Entire section amended, (HB 10-1342), ch. 344, p. 1592, � 1, effective June 5. L. 2015: (2)(b)(II) amended, (HB 15-1248), ch. 170, p. 519, � 1, effective May 8; (2)(b)(I)(C) added, (SB 15-046), ch. 142, p. 434, � 2, effective August 5. L. 2019: IP(3)(b) amended and (5)(a)(III.5) added, (SB 19-236), ch. 359, p. 3299, � 6, effective May 30; (2)(b)(I)(A), (2)(b)(II), and (5)(b)(I) amended and (2)(b)(I)(D) and (3.5) added, (HB 19-1003), ch. 360, p. 3336, � 2, effective August 2. L. 2020: IP(3.5)(b) amended, (HB 20-1402), ch. 216, p. 1058, � 70, effective June 30. L. 2023: IP(3.5)(b) amended, (SB 23-051), ch. 37, p. 149, � 33, effective March 23; (5)(b)(II) amended, (HB 23-1137), ch. 85, p. 296, � 1, effective August 7; (3.7) added, (SB 23-292), ch. 247, p. 1360, � 5, effective January 1, 2024. L. 2024: IP(5)(a)(IV) amended and (8) added, (SB 24-207), ch. 231, p. 1423, � 2, effective May 22.
Cross references: For the legislative declaration in SB 24-207, see section 1
of chapter 231, Session Laws of Colorado 2024.
C.R.S. § 40-2-127.5
40-2-127.5. Community energy funds - community geothermal gardens - rules - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Local communities can benefit from the further development of
renewable energy, energy efficiency, conservation, and environmental improvement projects, and the general assembly hereby encourages electric utilities to establish community energy funds for the development of such projects;
(b) It is in the public interest that broader participation in geothermal electric
generation by Colorado residents and commercial entities be encouraged by the development and deployment of distributed geothermal electric generating facilities known as community geothermal gardens in order to:
(I) Provide Colorado residents and commercial entities with the opportunity
to participate in geothermal electricity generation;
(II) Allow renters, low-income utility customers, and agricultural producers
to own interests in such geothermal generation facilities;
(III) Allow interests in such geothermal generation facilities to be portable
and transferrable; and
(IV) Leverage Colorado's geothermal electricity generating capacity through
economies of scale.
(2) Definitions. As used in this section, unless the context otherwise
requires, the definitions in section 40-2-124 apply, and:
(a) (I) Community geothermal garden means a geothermal facility that
produces electricity from the earth's heat with a nameplate rating within the range specified under subsection (2)(a)(IV) of this section that is located in or near a community served by a qualifying retail utility where the beneficial use of the electricity generated by the facility belongs to the subscribers to the community geothermal garden. There must be at least ten subscribers. The owner of the community geothermal garden may be the qualifying retail utility or any other for-profit or nonprofit entity or organization, including a subscriber organization organized under this section, that contracts to sell the output from the community geothermal garden to the qualifying retail utility. A community geothermal garden is deemed to be located on the site of customer facilities.
(II) A community geothermal garden constitutes retail distributed
generation within the meaning of section 40-2-124.
(III) Notwithstanding any provision of this section or section 40-2-124 to the
contrary, a community geothermal garden constitutes retail distributed generation for purposes of a cooperative electric association's compliance with the applicable renewable energy standard under section 40-2-124.
(IV) A community geothermal garden must have a nameplate rating of five
megawatts or less; except that the commission may, in rules adopted pursuant to subsection (3)(b) of this section, approve the formation of a community geothermal garden with a nameplate rating of up to ten megawatts.
(b) Subscriber means a retail customer of a qualifying retail utility who
owns a subscription and who has identified one or more physical locations to which the subscription is attributed. Such physical locations must be within the service territory of the same qualifying retail utility as the community geothermal garden. The subscriber may change from time to time the premises to which the community geothermal garden electricity generation is attributed, so long as the premises are within the same service territory.
(c) Subscription means a proportional interest in geothermal electric
generation facilities installed at a community geothermal garden, together with the renewable energy credits associated with or attributable to such facilities under section 40-2-124. Each subscription must be sized to represent at least one kilowatt of the community geothermal garden's generating capacity and to supply no more than one hundred twenty percent of the average annual consumption of electricity by each subscriber at the premises to which the subscription is attributed, with a deduction for the amount of any existing geothermal facilities at such premises. Subscriptions in a community geothermal garden may be transferred or assigned to a subscriber organization or to any person or entity who qualifies to be a subscriber under this section.
(3) Subscriber organization - subscriber qualifications - transferability of
subscriptions. (a) The community geothermal garden may be owned by a subscriber organization whose sole purpose is beneficially owning and operating a community geothermal garden. The subscriber organization may be any for-profit or nonprofit entity permitted by Colorado law. The community geothermal garden may also be built, owned, and operated by a third party under contract with the subscriber organization.
(b) The commission shall adopt rules as necessary to implement this section,
including rules to facilitate the financing of subscriber-owned community geothermal gardens. The rules must include:
(I) Minimum capitalization;
(II) The share of a community geothermal garden's geothermal electric
generation facilities that a subscriber organization may at any time own in its own name; and
(III) Authorizing subscriber organizations to enter into leases, sale-and-leaseback transactions, operating agreements, and other ownership arrangements
with third parties.
(c) If a subscriber ceases to be a customer at the premises on which the
subscription is based but, within a reasonable period as determined by the commission, becomes a customer at another premises in the service territory of the qualifying retail utility and within the geographic area served by the community geothermal garden, the subscription continues in effect but the bill credit and other features of the subscription are adjusted as necessary to reflect any differences between the new and previous premises' customer classification and average annual consumption of electricity.
(4) Standards for construction and operation. The following requirements
apply to any community geothermal garden exceeding two megawatts:
(a) The initial installation of any electrical equipment associated with the
community geothermal garden is subject to final inspection and approval in accordance with section 12-115-120.
(b) Following the development or acquisition by a qualifying retail utility of a
community geothermal garden in which the qualifying retail utility retains ownership, the qualifying retail utility shall either use its own employees to operate and maintain the community geothermal garden or contract for operation and maintenance of the community geothermal garden by a contractor whose employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the infrastructure;
(II) Management functions to operate the infrastructure; or
(III) Any work included in a warranty.
(5) Community geothermal gardens not subject to regulation. Neither the
owners of nor the subscribers to a community geothermal garden are considered public utilities subject to regulation by the commission solely as a result of their interest in the community geothermal garden. Prices paid for subscriptions in community geothermal gardens shall not be subject to regulation by the commission.
(6) Purchases of the output from community geothermal gardens. (a) (I)
Each qualifying retail utility may set forth in its plan for acquisition of renewable resources a plan to purchase the electricity and renewable energy credits generated from one or more community geothermal gardens over the period covered by the plan.
(II) For each qualifying retail utility's compliance years commencing in 2026
and thereafter, the commission shall determine the minimum and maximum purchases of electrical output from newly installed community geothermal gardens of different output capacity that the qualifying retail utility may plan to acquire. In addition, as necessary and appropriate, the commission shall formulate and implement policies consistent with this section that simultaneously encourage:
(A) The ownership by customers of subscriptions in community geothermal
gardens and of other forms of distributed generation, to the extent the commission finds there to be customer demand for such ownership;
(B) Ownership in community geothermal gardens by residential retail
customers and agricultural producers, including low-income customers, to the extent the commission finds there to be demand for such ownership;
(C) The development of community geothermal gardens with attributes that
the commission finds result in lower overall total costs for the qualifying retail utility's customers;
(D) Successful financing and operation of community geothermal gardens
owned by subscriber organizations; and
(E) The achievement of the goals and objectives of section 40-2-124.
(b) (I) (A) The output from a community geothermal garden must be sold only
to the qualifying retail utility serving the geographic area where the community geothermal garden is located.
(B) Once a community geothermal garden is part of a qualifying retail
utility's plan for acquisition of renewable resources, as approved by the commission, the commission shall initiate a proceeding, or consider in an active proceeding, to determine whether the qualifying retail utility must purchase all of the electricity and renewable energy credits generated by the community geothermal garden or whether a subscriber may, upon becoming a subscriber, choose to retain or sell to the qualifying retail utility the subscriber's renewable energy credits.
(C) The amount of electricity and renewable energy credits generated by
each community geothermal garden is determined by a production meter installed by the qualifying retail utility or third-party system owner and paid for by the owner of the community geothermal garden.
(II) The purchase of the output of a community geothermal garden by a
qualifying retail utility takes the form of a net metering credit against the qualifying retail utility's electric bill to each community geothermal garden subscriber at the premises set forth in the subscriber's subscription. The net metering credit is calculated by multiplying the subscriber's share of the electricity production from the community geothermal garden by the qualifying retail utility's total aggregate retail rate as charged to the subscriber, minus a reasonable charge as determined by the commission to cover the utility's costs of delivering to the subscriber's premises the electricity generated by the community geothermal garden, integrating the geothermal generation with the utility's system, and administering the community geothermal garden's contracts and net metering credits. The commission shall ensure that this charge does not reflect costs that are already recovered by the utility from the subscriber through other charges. If, and to the extent that, a subscriber's net metering credit exceeds the subscriber's electric bill in any billing period, the net metering credit is carried forward and applied against future bills. The qualifying retail utility and the owner of the community geothermal garden must agree on whether the purchase of the renewable energy credits from subscribers will be accomplished through a credit on each subscriber's electricity bill or by a payment to the owner of the community geothermal garden.
(c) The owner of the community geothermal garden must provide real-time
production data to the qualifying retail utility to facilitate incorporation of the community geothermal garden into the utility's operation of its electric system and to facilitate the provision of net metering credits.
(d) The owner of the community geothermal garden is responsible for
providing to the qualifying retail utility, on a monthly basis and within reasonable periods set by the qualifying retail utility, the percentage shares that should be used to determine the net metering credit to each subscriber. If the electricity output of the community geothermal garden is not fully subscribed, the qualifying retail utility shall purchase the unsubscribed renewable energy and the renewable energy credits at a rate equal to the qualifying retail utility's average hourly incremental cost of electricity supply over the immediately preceding calendar year.
(e) If a qualifying retail utility includes a plan to purchase the electricity and
renewable energy credits generated by one or more community geothermal gardens, then the qualifying retail utility shall set forth in its plan for acquisition of renewable resources a proposal for including low-income customers as subscribers to a community geothermal garden, if possible. The utility may give preference to community geothermal gardens that have low-income subscribers.
(f) Qualifying retail utilities are eligible for the incentives and subject to the
ownership limitations set forth in section 40-2-124 (1)(f) for utility investments in community geothermal gardens and may recover through rates a margin, in an amount determined by the commission, on all energy and renewable energy credits purchased from community geothermal gardens. Such incentive payments are excluded from the cost analysis required by section 40-2-124 (1)(g).
(7) Nothing in this section waives or supersedes the retail rate impact
limitations in section 40-2-124 (1)(g). Utility expenditures for unsubscribed energy and renewable energy credits generated by community geothermal gardens must be included in the calculations of retail rate impact required by that section.
(8) Applicability to cooperative electric associations and municipally
owned utilities. This section shall not apply to cooperative electric associations or to municipally owned utilities.
Source: L. 2022: Entire section added, (SB 22-118), ch. 335, p. 2373, � 11,
effective August 10. L. 2023: IP(4)(b) amended, (SB 23-051), ch. 37, p. 150, � 34, effective March 23.
C.R.S. § 40-2-128
40-2-128. Solar photovoltaic installations - supervision - qualifications of electrical contractors - definitions. (1) For all photovoltaic installations allowed under section 40-2-124 with a direct current design capacity of less than three hundred kilowatts:
(a) (I) (A) The performance of all photovoltaic electrical work, the installation
of photovoltaic modules, and the installation of photovoltaic module mounting equipment is subject to on-site supervision by a certified photovoltaic energy practitioner, as designated by the North American Board of Certified Energy Practitioners (NABCEP) and that is working for a photovoltaic installer, or a licensed master electrician, licensed journeyman electrician, or licensed residential wireman, as those terms are defined in section 12-115-103.
(B) In the case of building-integrated photovoltaic technology, if the type of
building-integrated photovoltaic technology installed or the scope of the building-integrated photovoltaic installation involved does not require a licensed master electrician, licensed journeyman electrician, or licensed residential wireman to perform the installation work and the installation work concerns the installation of roofing materials, the on-site supervision may be performed by a certified solar energy installer, as designated by NABCEP or Roof Integrated Solar Energy (RISE).
(C) For a building-integrated photovoltaic installation, a licensed master
electrician, licensed journeyman electrician, or licensed residential wireman must perform the installation work for any stage of the installation after the installation materials penetrate the roof, a structural wall, or another part of the building, or any stage of the installation in which the building-integrated photovoltaic materials transition to a surface-mounted junction box and utilize types of conduit and building wire that are approved by the national electrical code, as defined in section 12-115-103 (8).
(D) By submitting an initial application for funding or an initial contract
proposal, the applicant assumes responsibility for employing or contracting with one or more certified energy practitioners or licensed master electricians, licensed journeyman electricians, or licensed residential wiremen to supervise the installation and as necessary to maintain the three-to-one ratio required by subsection (1)(b) of this section, including during any off-site, preinstallation assembly. Payment of any incentives for the work shall not be approved until the applicant supplies the name and certification number of each certified energy practitioner or the license number of each master electrician, journeyman electrician, or residential wireman who actually provided on-site supervision or was present to maintain the three-to-one ratio required by subsection (1)(d) of this section.
(II) Neither the commission nor the utility shall have responsibility for
monitoring or enforcing compliance with this section. It shall be the responsibility of the applicant to obtain the information required by subparagraph (I) of this paragraph (a), and it shall be the responsibility of the qualifying retail utility to obtain from the applicant and retain, for at least one year after completion of the installation, copies of all documentation submitted by the applicant in connection with the installation.
(b) All work performed on the alternating-current side of the inverter will be
performed by an electrical contractor who employs a licensed journeyman electrician or a licensed residential wireman who will perform the work. All electrical work that pertains to article 115 of title 12 will be performed by an electrical apprentice registered with the appropriate state regulatory agency, a licensed journeyman electrician, or a licensed residential wireman. The appropriate ratio of no less than one journeyman or residential wireman for every three electrical apprentices will be maintained.
(c) Repealed.
(d) On a system with a direct current design capacity of less than three
hundred kilowatts:
(I) The ratio of the number of persons who are assisting with the work and
who are neither licensed electricians nor registered electrical apprentices to the number of persons who are certified as provided in paragraph (a) of this subsection (1) shall never exceed three to one, and a person who is both licensed and certified shall not count double for purposes of measuring this ratio, during the following stages:
(A) The installation of photovoltaic modules;
(B) The installation of photovoltaic module mounting equipment; and
(C) Any photovoltaic electrical work; and
(II) There shall be, at all times, at least one on-site supervisor who is certified
as provided in paragraph (a) of this subsection (1).
(2) As used in this section, unless the context otherwise requires:
(a) (I) Photovoltaic electrical work means electrical work performed on a
photovoltaic system that is covered electrical work in accordance with the national electrical code, including articles 90.2 (1), 90.2 (3), 100, and 690 of the national electrical code.
(II) Photovoltaic electrical work includes the preinstallation assembly of
photovoltaic modules to photovoltaic module mounting equipment for installation on-site.
(III) Photovoltaic electrical work does not include site preparation,
trenching or excavating, hauling, or other work that is not specifically described in subparagraph (I) or (II) of this paragraph (a).
(a.5) Photovoltaic installer means a contractor that:
(I) Is not a registered electrical contractor, as defined in section 12-115-103
(4);
(II) Is registered with the state electrical board as a photovoltaic installer
pursuant to section 12-115-110 (7) no later than December 31, 2026;
(III) Is a business in good standing with the state and registered with the
secretary of state;
(IV) Is performing photovoltaic electrical work as of September 1, 2025; and
(V) Employs a NABCEP PV installation professional, as defined in section 12-115-103 (7.7).
(b) Photovoltaic module means the module or panel that generates
electricity through a photovoltaic process.
(c) Photovoltaic module mounting equipment means the racking, mounting,
apparatus, equipment, or structure that physically supports and secures one or more photovoltaic modules in place or to a roof, wall, foundation, or pedestal.
(3) This section does not affect the state electrical board's regulation of
photovoltaic electrical work performed on photovoltaic installations with a current design capacity of at least three hundred kilowatts pursuant to section 12-115-107 (2)(f).
Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 150, � 4,
effective August 11. L. 2013: IP(1) and (1)(a)(I) amended, (SB 13-186), ch. 159, p. 513, � 2, effective May 3. L. 2019: IP(1), (1)(a)(I)(D), and IP(1)(d) amended and (1)(c) repealed, (HB 19-1003), ch. 360, p. 3338, � 3, effective August 2; (1)(a)(I)(A), (1)(a)(I)(C), and (1)(b) amended, (HB 19-1172), ch. 136, p. 1732, � 258, effective October 1. L. 2025: (1)(a)(I)(A) and (2)(a)(I) amended and (2)(a.5) and (3) added, (SB 25-165), ch. 370, p. 1999, � 4, effective August 6.
C.R.S. § 40-2-129
40-2-129. New resource acquisitions - factors in determination - local employment - best value employment metrics - rules - report. (1) (a) (I) When evaluating electric resource acquisitions and requests for a certificate of convenience and necessity for construction or expansion of generating facilities, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants, the commission shall consider, in all decisions involved in electric resource acquisition processes, best value regarding employment of Colorado labor, as defined in section 8-17-100.3 (1), and positive impacts on the long-term economic viability of Colorado communities. To this end, the commission shall require utilities to obtain and provide to the commission the following information regarding best value employment metrics:
(A) The availability of training programs, including training through
apprenticeship programs registered with the United States department of labor's office of apprenticeship or by state apprenticeship agencies recognized by that office for all apprenticeable trades required to effectively deliver the project to completion;
(B) Employment of Colorado labor as compared to importation of out-of-state workers;
(C) The ability of the project to employ workers from traditionally
underserved communities or disproportionately impacted communities as defined in section 24-4-109 (2)(b)(II);
(D) How the project supports domestic manufacturing through the utilization
of Colorado and domestically produced materials, including consideration of the potential for domestically manufactured materials being unavailable in the marketplace;
(E) Long-term career opportunities; and
(F) Industry-standard wages, health care, and pension benefits.
(II) When a utility proposes to construct new facilities of its own, the utility
shall supply similar information to the commission.
(b) Any electric resource acquisition decision must be based in part on
review of the best value employment metrics criteria set forth in any solicitation document. The commission shall not approve any electric resource plan, acquisition, or power purchase agreement that fails to either:
(I) Provide the best value employment metrics documentation specified in
the solicitation document; or
(II) In the alternative, certify compliance with objective best value
employment metrics performance standards set forth in the solicitation document.
(c) The commission may waive the requirements of this section if a utility
agrees to use a project labor agreement for construction or expansion of a generating facility.
(2) Following development or acquisition of a generating facility by a utility,
for all generating facilities owned by the utility that do not emit carbon dioxide, the utility shall use utility employees or qualified contractors if the contractors' employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:
(a) The design, planning, or engineering of the infrastructure;
(b) Management functions to operate the infrastructure; or
(c) Any work included in a warranty.
(3) The provisions of this section regarding best value employment metrics
do not apply to projects involving retail distributed generation, as defined in section 40-2-124 (1)(a)(VIII), 40-2-127 (2)(b)(I)(B), or 40-2-127.5 (2)(a)(II).
(4) Repealed.
(5) The commission shall promulgate rules requiring utilities, when
submitting annual progress reports for an electric resource acquisition, to collect and provide to the commission information concerning the implementation of best value employment metrics, as described in subsection (1)(a) of this section, which metrics were approved by the commission during the acquisition planning process and which acquisitions are under construction by either the utility or by others.
(6) (a) On or before December 31, 2024, and on or before December 31 of
each year thereafter, the commission shall submit a report to the energy and environment committee of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The report must summarize the information concerning best value employment metrics that is reported to the commission by utilities pursuant to subsections (1)(a) and (5) of this section and indicate the manner in which the commission considered the information.
(b) Notwithstanding the limitation described in section 24-1-136 (11)(a)(I), the
reporting requirement described in subsection (6)(a) of this section continues in perpetuity.
Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 150, � 4,
effective August 11. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1406, � 16, effective May 24. L. 2019: Entire section amended, (SB 19-236), ch. 359, p. 3300, � 7, effective May 30. L. 2020: (1)(a) and IP(2) amended, (HB 20-1402), ch. 216, p. 1058, � 71, effective June 30. L. 2021: (4) added, (HB 21-1266), ch. 411, p. 2751, � 22, effective July 2. L. 2022: (3) amended, (SB 22-118), ch. 335, p. 2380, � 15, effective August 10. L. 2023: (1)(a) and IP(2) amended, (SB 23-051), ch. 37, p. 150, � 35, effective March 23; (1)(a) amended, (4) repealed, and (5) and (6) added, (SB 23-292), ch. 247, p. 1360, � 6, effective January 1, 2024. L. 2025: IP(1)(a)(I) amended, (SB 25-275), ch. 377, p. 2034, � 29, effective August 6.
Editor's note: Amendments to subsection (1)(a) by SB 23-051 and SB 23-292
were harmonized, effective January 1, 2024.
Cross references: (1) For the short title (Keep Jobs In Colorado Act of 2013)
in HB 13-1292, see section 1 of chapter 266, Session Laws of Colorado 2013.
(2) For the short title (Environmental Justice Act) and the legislative
declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
C.R.S. § 40-2-132.5
40-2-132.5. Distribution system planning - grant program - cash fund - requirements - study - staffing - labor - cost recovery - virtual power plant program - undergrounding of power lines - report - rules - legislative declaration - definitions - repeal. (1) Legislative declaration. (a) The general assembly finds that:
(I) Distribution system planning requirements for investor-owned utilities
were established by Senate Bill 19-236, enacted in 2019;
(II) The commission's distribution system planning rules and plans
established pursuant to Senate Bill 19-236, enacted in 2019, have provided a forum for planning the distribution system in order to support state policy goals based on current information about utility systems and proactive planning, although considerable work remains and customers are increasingly challenged by distribution system constraints;
(III) Colorado has goals of cost-effectively and reliably reducing greenhouse
gas emissions from transportation, electricity generation, building heating and cooling, water heating, and industrial fuel uses. To affordably and reliably reduce emissions from these uses as well as to meet federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations, the state will need to rapidly shift customer end uses from fossil fuels to a cleaner electrical grid, which will drive a large increase in electricity demand.
(IV) Consumer demand for distributed energy resources, electric vehicles,
and beneficial electrification measures is expected to increase dramatically given state incentives and new rebates and incentives in the federal Inflation Reduction Act of 2022, Pub.L. 117-169;
(V) Customer demand for electric power may start exceeding qualifying
retail utility capacity on the distribution system in certain locations;
(VI) To affordably and reliably meet federal, state, regional, and local air
quality and decarbonization targets, standards, plans, and regulations, the state's electricity distribution systems must be substantially and strategically upgraded, new customers must be able to connect to the electrical distribution system, and existing customers must have their service levels promptly upgraded;
(VII) The state has an urgent need to increase its supply of affordable and
infill housing, requiring both new electrical distribution capacity and the prompt connection of new affordable housing to the distribution system;
(VIII) Improved and proactive distribution system planning to reduce delays
and meet building, affordable housing, and transportation electrification needs in an affordable and reliable manner is critical to protect Coloradans from the worst impacts of climate change, including extreme heat or cold, drought, and wildfires;
(IX) Electrifying transportation and buildings may put downward pressure on
rates by spreading fixed costs over more kilowatt-hours of usage so long as demand and supply can be dynamically integrated in ways that encourage utility investment in an affordable and reliable system that optimizes the use of grid assets;
(X) Constraints in the capacity of the electrical distribution system can limit
the ability of an individual customer to cost-effectively and reliably interconnect distributed energy resources and energize beneficial electrification and transportation electrification resources; and
(XI) Virtual power plants can offer the potential to cost-effectively and
reliably increase the grid value of distributed energy resources, limit costs for incorporating distributed energy resources, and increase the operational efficiency of the distribution system.
(b) The general assembly further finds that:
(I) A modern electric distribution system should take into account the need
for improved resilience and safety due to the increased occurrence of extreme weather events and climate-related wildfire risk;
(II) Undergrounding power lines can significantly help in avoiding the risk of
wildfires and power outages due to strong winds, severe storms, and dry conditions; and
(III) It is in the public interest that all ratepayers of a qualifying retail utility,
including those who do not live in a jurisdiction with a franchise agreement, have nondiscriminatory and equal access to the opportunity to benefit from investments in undergrounding power lines.
(c) The general assembly therefore determines and declares that:
(I) It is a matter of state urgency to ensure that there is sufficient capacity on
the distribution system to affordably and reliably meet Colorado's decarbonization goals and support consumer demand for retail distributed generation and beneficial electrification measures consistent with their benefit to the electrical grid;
(II) When determining where to make undergrounding conversion
expenditures, a qualifying retail utility should not, as a policy or course of business, discriminate against jurisdictions that do not have franchise agreements with the qualifying retail utility; and
(III) A qualifying retail utility should establish programs for nonfranchised
areas to have the same benefit under the same or similar terms as offered to areas that have franchise agreements with the qualifying retail utility.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Affordable housing means affordable housing that:
(I) Has received loans, grants, equity, bonds, or tax credits from any source
to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability; or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;
(II) Restricts or limits maximum rental or sale price for households of a given
size at a given area median income, as established annually by the United States department of housing and urban development; and
(III) Ensures occupancy by low- to moderate-income households for a
specified period detailed in a restrictive use covenant or similar recorded agreement.
(b) Apprentice has the meaning set forth in section 8-15.7-101 (1).
(c) Automated distributed resource management system means a category
of technologies that manage distributed generation or load and that may be used to reduce or eliminate the need for system upgrades to the distribution system, customer service connection, or electrical infrastructure on the customer side of the service meter. These technologies include:
(I) Automated load management technologies;
(II) Certified power control systems; and
(III) Smart inverters.
(d) Certified power control system means software or hardware serving as
the interface of an automated distributed resource management system that can curtail the import and export of electricity, that has electricity import and export control set points, and that has been certified by a nationally recognized testing laboratory.
(e) Department means the department of labor and employment.
(f) DER aggregator means a company or an organization that controls,
monitors, and manages aggregated distributed energy resources to ensure performance of the aggregated distributed energy resources in a qualifying virtual power plant.
(g) Distributed energy resources or DER includes distributed generation,
energy storage systems, electric vehicles, microgrids, fuel cells, and demand-side management measures, including energy efficiency, demand response, and demand flexibility that are deployed at the distribution grid level on either the customer or utility side of the meter.
(h) Distribution activities means:
(I) Capital investment and operations and maintenance expenses associated
with equipment upgrades, repair and replacement programs, conductor replacements, conductor installations, pole repair and replacement, overhead rebuilds, inspection, modeling, asset data gathering, defect corrections, and major line rebuilds; and
(II) Similar activities and investments, including information and operational
technology investments, with the objective of enhancing the distribution system to meet state decarbonization goals and federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations.
(i) (I) Energization or energize means connecting new customer load to
the electrical grid or upgrading electrical capacity to provide upgraded service to an existing customer, including establishing adequate electrical capacity to provide for the required service.
(II) Energization or energize does not include activities related to
interconnecting distributed generation.
(j) Energization time period means the elapsed time period beginning when
the qualifying retail utility receives a substantially complete energization project application and ending when the electrical service is installed and energized.
(k) Flexible interconnection or energization tariff means a set of rules and
requirements for expeditiously energizing new load or interconnecting a distributed energy resource to a qualifying retail utility's distribution system and includes an agreement for curtailing the import or export of electricity from and to the distribution system.
(l) Fund means the Colorado lineworker apprenticeship grant program cash
fund created in subsection (3)(h)(I) of this section.
(m) Grant program means the grant program created pursuant to
subsection (3)(a) of this section.
(n) Hosting capacity means the amount of distributed energy resources or
transportation or beneficial electrification that can be interconnected or energized to the qualifying retail utility's distribution system at a given time and at a given location under existing electrical grid conditions and that can operate without adversely impacting safety, power quality, reliability, or other operational criteria and without requiring system upgrades. Hosting capacity may be expressed in terms of a load or generation profile.
(o) Hybrid facility means a facility that has more than one device of
different technology types for the production, storage, or consumption of electricity that are located on the same site and have a single point of interconnection to the utility distribution system.
(p) Infill housing means the development of housing within existing
development patterns, as delineated by census urban areas established by the most recent federal decennial census.
(q) Non-wires alternatives means the strategic deployment of distributed
energy resources by a qualifying retail utility or a third party and associated control or aggregation of systems and technologies intended to cost-effectively defer or avoid the need for major distribution grid projects.
(r) Office means the Colorado energy office created in section 24-38.5-101
(1).
(s) Office of future of work means the office of future of work created in
section 8-15.8-103.
(t) Performance-based compensation means a financial payment that is
made to a qualified DER aggregator or passed through a DER aggregator to eligible customers participating in a VPP operated by that DER aggregator and that is provided based on the performance of a qualified virtual power plant during a qualified virtual power plant event.
(u) Phased interconnection or energization agreement means an
agreement between a qualifying retail utility and a customer to provide certain levels of electrical service capacity on a guaranteed timeline in exchange for the customer participating in the qualifying retail utility's flexible interconnection or energization tariff while necessary grid upgrades are being completed.
(v) Prosumer means a customer of a qualifying retail utility that
participates in a commission-approved virtual power plant program.
(w) Qualified aggregator means a DER aggregator that has control over
prosumer resources and has the demonstrated technical capability to dispatch distributed energy resources at required capacity levels when called upon by a qualifying retail utility using available technology, such as metering, telemetry, control software measurement and verification, and financial settlements.
(x) Qualifying distribution activity recovery means distribution activities for
which the commission approves recovery through the grid modernization adjustment clause.
(y) Qualifying retail utility means an investor-owned electric utility serving
five hundred thousand customers or more.
(z) State apprenticeship agency has the meaning set forth in section 8-15.7-101 (16).
(aa) System upgrades means the additions, modifications, and system
upgrades to a qualifying retail utility's distribution or commission-jurisdictional transmission system, including customer-driven upgrades necessary to interconnect distributed energy resources, energize or service-connect transportation and beneficial electrification measures, or facilitate service connections to affordable housing or infill housing.
(bb) Virtual power plant or VPP means a commission-approved program
that achieves the collective management of dispatchable demand or distributed energy resources connected to the utility distribution grid.
(3) Grant program - report - cash fund - repeal. (a) The office of future of
work, in coordination with the office, shall create a grant program for lineworker apprenticeship programs to expand apprenticeship programs registered with the United States department of labor's office of apprenticeship or the state apprenticeship agency.
(b) The office of future of work shall create a competitive application
process through which the office of future of work selects eligible registered apprenticeship programs as grant recipients.
(c) A grant recipient must satisfy, at a minimum, the following criteria:
(I) The grant recipient must train apprentices as transmission or distribution
lineworkers on construction projects and related installations; and
(II) The grant recipient must match the grant award with actual or in-kind
resources.
(d) The office of future of work shall offer grants for the following purposes:
(I) Funding for training materials or software, apprenticeship tools and
supplies, and hands-on training equipment or technology upgrades to expand registered apprenticeship programs that instruct transmission or distribution lineworkers; and
(II) Additional staffing to expand instruction capacity of registered
apprenticeship programs to instruct transmission or distribution lineworkers.
(e) The office of future of work shall reserve at least fifty percent of the
grant funding for grants that are directed toward programs that are organized as a multiemployer registered apprenticeship program organized through a joint apprenticeship training committee.
(f) The office of future of work shall encourage the primary applicant for a
grant to include a diverse set of co-applicants, which may include trade associations, employers, labor union organizations, public utilities, accredited institutions of higher education, state-accredited community colleges, or other co-applicants that can advance the goals of allowing apprentices to reach full journeyworker status as a utility transmission or distribution lineworker.
(g) The office of future of work shall:
(I) Publish the grant application no later than January 1, 2025;
(II) Develop performance expectations for grant recipients, which may
contemplate the termination of a grant recipient's participation in the grant program if the grant recipient fails to satisfy the performance expectations;
(III) Require grant recipients to annually report data to the office of future of
work, which must include, at a minimum, a detailed statement of the grant recipient's allocation of grant money received pursuant to the grant program, including administration costs; and
(IV) Beginning in 2026, and in each year thereafter, submit a report
compiling the data received pursuant to subsection (3)(g)(III) of this section to the business, labor, and technology committee of the senate and the business affairs and labor committee of the house of representatives, or any successor committees.
(h) (I) The Colorado lineworker apprenticeship grant program cash fund is
created in the state treasury. The fund consists of gifts, grants, and donations and any money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the department for allocation to the office of future of work for the purposes of administering the grant program pursuant to this subsection (3). The office of future of work may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of administering the grant program pursuant to this subsection (3).
(II) (A) On July 1, 2024, the state treasurer shall transfer eight hundred
thousand dollars from the general fund to the fund.
(B) This subsection (3)(h)(II) is repealed, effective July 1, 2026.
(i) This subsection (3) is repealed, effective July 1, 2028.
(4) Near-term actions - interconnection and energization backlogs -
identification of hosting capacity - cost recovery. (a) Qualifying retail utilities shall upgrade the state's electrical distribution systems as needed and in time to affordably and reliably support the achievement of the state's beneficial and transportation electrification and decarbonization goals and support implementation of federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations.
(b) To promptly, affordably, and reliably interconnect and energize new
customers and comply with the obligation to serve without substantial delay, a qualifying retail utility shall:
(I) Commence a data collection process to inform future energization
timelines. The commission may open or use an existing miscellaneous proceeding to accept information collected by the qualifying retail utility and from other stakeholders.
(II) Meet the interconnection deadlines specified in section 40-2-135 and
commission rules;
(III) Adopt the following cost caps, which cost caps must remain in effect
until the commission completes the rule-making described in subsection (6) of this section:
(A) For distributed generation systems that are twenty-five kilowatts or less,
adopt a cap of no more than three hundred dollars for an individual customer's responsibility for interconnection costs for a customer-caused upgrade of the qualifying retail utility's distribution system, so long as the costs above the cap remain recoverable by the qualifying retail utility;
(B) For residential customers energizing transportation electrification or
beneficial electrification, not require the customer to pay for the costs of associated distribution system upgrades, so long as the costs remain recoverable by the qualifying retail utility; and
(C) For affordable housing developments, cap the costs for interconnection
or energization for a project-caused upgrade of the qualifying retail utility's distribution system at a level of three hundred dollars per residential unit of affordable housing, so long as costs above the cap remain recoverable by the qualifying retail utility;
(IV) Propose, and the commission shall authorize, modify, or deny in a manner
consistent with the public interest, the use of an optional flexible interconnection or energization tariff or phased interconnection or energization agreement by a customer as an alternative to a system upgrade that would otherwise be required by the qualifying retail utility in response to the customer's request to interconnect or energize a distributed energy resource; and
(V) Establish a procedure for customers with a hybrid facility to complete the
interconnection and energization processes through a single application.
(c) A qualifying retail utility shall identify interconnection and load hosting
capacity for DERs, including beneficial electrification and transportation electrification, for disproportionately impacted communities within its service territory.
(d) (I) Prior to the establishment of the grid modernization adjustment clause,
a qualifying retail utility shall recover the forecasted investments placed in service and expenses incurred for distribution activities during the period beginning on May 22, 2024, and ending on December 31, 2025, consistent with this section.
(II) Cost recovery must occur through the transmission cost adjustment
clause or another existing adjustment clause, subject to:
(A) A one-half percent retail rate impact cap on an annualized basis for 2024;
and
(B) A one and one-fourth percent retail rate impact cap on an annualized
basis for 2025.
(III) Within thirty days after May 22, 2024, a qualifying retail utility shall file
an advice letter with the commission identifying the distribution activities for recovery, including the revenue requirement for the distribution activities and a return at the qualifying retail utility's most recently approved weighted average cost of capital, for the period beginning on May 22, 2024, and ending on December 31, 2024, to be included in the transmission cost adjustment clause or an existing adjustment clause with an effective date within sixty days after May 22, 2024.
(IV) On or before November 1, 2024, a qualifying retail utility shall file an
advice letter with the commission identifying the distribution activities for recovery, including the revenue requirement for the distribution activities and a return at the qualifying retail utility's most recently approved weighted average cost of capital, for the period beginning January 1, 2025, and ending December 31, 2025, to be included in the transmission cost adjustment clause or an existing adjustment clause with an effective date of January 1, 2025.
(V) The amounts recovered pursuant to this subsection (4)(d) are subject to a
true-up with any positive or negative balance credited to customers or recovered by the qualifying retail utility in the subsequent year and with the financing cost for the transmission cost adjustment clause or the applicable existing adjustment clause applied to the positive or negative balances. All amounts recovered are subject to a prudence review by the commission through either a standalone prudence review proceeding or in a base rate proceeding.
(VI) In addition to the amounts recovered pursuant to this subsection (4)(d), a
qualifying retail utility may spend and recover through the transmission cost adjustment clause or another existing adjustment clause the revenue requirement associated with up to an additional one hundred fifty million dollars in investment to order equipment to advance distribution activities, such as power transformers, service transformers, capacitor banks, switch cabinets, and feeder cables, as long as the investments are prudently incurred for the purposes of achieving economies of scale, addressing supply chain concerns, or other similar purposes.
(5) Long-term actions - distribution system plan requirements - approval
by commission - staffing requirements - labor requirements - report. (a) A qualifying retail utility shall file distribution system plans pursuant to section 40-2-132, subject to review, approval, modification, or denial by the commission, to create sufficient hosting capacity across its electrical distribution system to affordably and reliably support the implementation of the following:
(I) Federal, state, regional, and local air quality and decarbonization targets,
standards, plans, and regulations;
(II) The transportation, affordable housing, new infill housing, and building
electrification policies of state and local law, including:
(A) The rules adopted by the air quality control commission related to
greenhouse gas emission reductions from light-duty and heavy-duty motor vehicles; and
(B) The rules adopted by the air quality control commission pursuant to
section 25-7-142 or local building performance standards;
(III) State agency, local agency, and local government plans and
requirements related to housing, economic development, critical facilities, transportation, and building electrification;
(IV) Enforceable and funded federal, state, regional, and local policies, plans,
goals, incentives, or requirements designed to increase access to distributed energy resources, electrified transportation, and building electrification in disproportionately impacted communities; and
(V) The qualifying retail utility's approved renewable energy standard plan,
clean heat plan, beneficial electrification plan, demand-side management plan, gas infrastructure plan, and transportation electrification plan required by this title 40.
(b) In developing distribution system plans pursuant to section 40-2-132,
consistent with state-level recognized best practices for community outreach, a qualifying retail utility shall consult with and provide opportunities for meaningful engagement and education through multilingual and culturally relevant outreach to disproportionately impacted communities.
(c) (I) As part of a distribution system plan proceeding, a qualifying retail
utility shall present at least two future planning scenarios with corresponding investments to show different future states of the distribution system.
(II) In determining the distribution capacity necessary to meet projected load
growth and distributed energy resource expansion, including to affordably and reliably support implementation of applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section, a qualifying retail utility shall incorporate a scenario that incorporates load and managed generation flexibility that may increase system capacity utilization, reduce the need for system upgrades, and lower system costs.
(III) In determining to which portions of the distribution system to propose
system upgrades to affordably and reliably support the implementation of the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section, a qualifying retail utility shall prioritize capacity investments in areas of its distribution system that are at or near their hosting capacity limits or that are projected to have energization loads that cannot be met without a system upgrade. A qualifying retail utility shall prioritize system upgrades targeted at improving infrastructure for income-qualified or disproportionately impacted communities with residential capacity constraints.
(IV) Specific to reliability investments, a qualifying retail utility shall
prioritize investments for disproportionately impacted communities based on reliability information provided in the qualifying retail utility's quality of service plan.
(d) In evaluating a qualifying retail utility's distribution system plans, the
commission shall evaluate whether the distribution system plan:
(I) Establishes a long-term distribution system plan, which must cover at
least five years, that includes timelines and budgets to create sufficient hosting capacity across the qualifying retail utility's electrical distribution system to affordably and reliably support the implementation of the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section;
(II) Includes the identification of specific distribution investments needed to
strategically support the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section over the planning period, which must cover at least five years, with increased specificity in the first two years of the planning period;
(III) Includes detailed mapping of distribution hosting capacity with
appropriate safeguards to protect critical infrastructure, as determined by the commission;
(IV) Includes a process to identify and evaluate infill housing loads;
(V) Includes proposed, unless already informed or satisfied by commission
rules, standardized, quantifiable, and transparent processes and timelines within the planning period for formal load and generation interconnection and energization requests, so long as the qualifying retail utility is not required to include energization timelines as part of its first distribution system plan filed after May 22, 2024;
(VI) Includes proposed actions to facilitate programs for:
(A) The competitive acquisition of cost-effective non-wires alternatives to
defer or avoid identified system distribution infrastructure projects, subject to investment thresholds in commission rules;
(B) Load and generation flexibility, including interruptible programs, with
due consideration given to programs proposed or approved in other commission proceedings; and
(C) Other alternatives to system upgrades, which may include automated
distributed resource management systems;
(VII) Includes adequate reporting and system mapping to implement the
proposed plan and programs, as well as:
(A) To the extent available at the time of the distribution system plan filing,
the average, median, and standard deviation time between receiving a formal application for interconnection or energization and energizing the electrical service; constraints and obstacles to each type of interconnection or energization, such as funding limitations, qualified staffing availability, or equipment availability; and any other information required by the commission; and
(B) If the interconnection and energization time periods exceed any
established, commission-approved average target energization time periods, as determined in a qualifying retail utility's distribution system plan proceeding, or if the qualifying retail utility has a substantial number of interconnection or energization applications that exceed any established commission-approved maximum target energization time periods, a strategy for meeting the target energization time periods in the future; and
(VIII) Includes documentation demonstrating progress toward
implementation of previously approved distribution system plans.
(e) The distribution system plan must include a performance-based
framework, which must consist of:
(I) Applicable interconnection timelines;
(II) Applicable energization timelines, so long as:
(A) The energization timelines are not applicable to the first distribution
system plan filed after May 22, 2024;
(B) In the second distribution system plan filed after May 22, 2024,
measurement of any energization timelines must commence upon submission by the customer of a formal load request, and any performance-based framework must only include the steps in the energization process that are the sole responsibility of the qualifying retail utility;
(C) Any energization timelines in a performance-based framework must
account for extenuating circumstances, as demonstrated by the qualifying retail utility, that do not result in any finding of noncompliance by the commission for the qualifying retail utility;
(D) Any energization timelines and performance requirements do not include
conceptual capacity checks or other informational evaluations that may precede a formal load request; and
(E) The qualifying retail utility must be required to track and collect data on
steps and outcomes that may precede the formal energization process, and the commission may consider this data in updating any performance-based energization timeline requirements in the third distribution system plan filed after May 22, 2024; and
(III) Reasonable and cost-effective targets measured in megawatts for
flexible load and demand management, so long as:
(A) A general target-setting framework must be evaluated in the first
distribution system plan filed after May 22, 2024, and further developed through other planning processes, including subsequent distribution system plans, electric resource plans, and demand-side management plans; and
(B) The targets are applicable in the second distribution system plan filed
after May 22, 2024, and subsequent distribution system plans.
(f) (I) A qualifying retail utility shall include in its distribution system plan a
detailed analysis of its current qualified staffing level and future required qualified staffing level for each job classification needed to achieve the policies and requirements of this section. The analysis of workforce needs must include review of both the anticipated needs of future utility employees as well as the anticipated needs for workforce acquired through third-party utility and construction contractors. Adequate staffing includes engineering and programming staff necessary to oversee the timely interconnection of distributed energy resources, energization of electrified end uses, and energization of new service connections to the qualifying retail utility's distribution system.
(II) The commission shall review whether each qualifying retail utility has
adequate qualified staffing needed to achieve the policies and requirements of this section. The analysis of adequate staffing must be considered in a qualifying retail utility's distribution system plan proceeding.
(g) A qualifying retail utility shall ensure that, in any construction, expansion,
or maintenance of distribution projects undertaken as a part of the distribution system plan, all labor is performed either by the employees of the qualifying retail utility or by qualified contractors, or both, and that, except as otherwise provided in subsection (5)(i) of this section, a qualifying retail utility shall not use a contractor unless:
(I) The contractor is chosen from a list of qualified contractors prepared and
updated at least annually by the department; and
(II) The contractor's employees have access to an apprenticeship program
registered with the United States department of labor's office of apprenticeship or the state apprenticeship agency; except that this apprenticeship program requirement does not apply to:
(A) The design, planning, or engineering of the facilities;
(B) Management functions to operate the facilities; or
(C) Any work performed in response to a warranty claim.
(h) To qualify pursuant to subsection (5)(g)(I) of this section, an
apprenticeship program must certify to the qualifying retail utility that:
(I) Its curriculum includes requirements for the completion of:
(A) At least seven thousand hours of on-the-job training to achieve
journeyman lineman status, with at least six hundred fifty of those hours spent working on energized power lines at voltages of at least six hundred volts; and
(B) A class in electric transmission and distribution offered by the federal
occupational safety and health administration known as the OSHA ET&D ten-hour training and comprising content substantially equivalent to that of the OSHA 10 class offered during calendar year 2021; and
(II) Supervision of apprentices meets the following standards:
(A) Apprentices must work under the supervision of a journeyman-level
worker at all times; and
(B) The ratio of apprentices to journeymen linemen does not exceed two to
one when working on distribution projects for both energized and nonenergized work.
(i) The request for proposal for any contract work on facilities subject to this
section must be submitted to the list of qualified contractors described in subsection (5)(g)(I) of this section for at least sixty days. If none of the contractors on the list submits a qualifying bid within sixty days, then the entity procuring the work may solicit bids from contractors that are not on the list but otherwise qualify under the terms of the request for proposal so long as those terms include compliance with all applicable laws and regulations related to safety.
(j) Notwithstanding section 24-1-136 (11)(a)(I), two years after the approval of
any distribution system plan, and every two years thereafter, a qualifying retail utility shall prepare a report and submit the report to the general assembly and the commission outlining progress toward the objectives set forth in this section, including progress toward meeting the hosting capacity needs in disproportionately impacted communities identified pursuant to subsection (4)(c) of this section. The progress reports must be posted on the qualifying retail utility's website and the commission's website.
(6) Longer-term requirements - rules. (a) Following the adjudication and
final commission decision on a qualifying retail utility's first distribution system plan filing after May 22, 2024, the commission shall open a rule-making, for a qualifying retail utility, to consider and establish:
(I) Target average and maximum energization timelines;
(II) Any necessary updates to existing interconnection rules;
(III) Rules for interconnection, energization, and electrification of end uses in
new construction homes, particularly regarding time frames for responding to cost projection requests, the reliability of utility cost estimates, and reasonable construction schedules; and
(IV) Maximum individual customer cost caps or fees for interconnection or
energization of resources of all sizes to help defray or eliminate the costs of interconnecting new distributed generation or energizing transportation or beneficial electrification load to the electrical grid. The rules, where appropriate, should specifically exempt income-qualified customers from payment of system upgrade fees.
(b) The rule-making described in subsection (6)(a) of this section may set
different fees based on the inclusion of technologies or agreements to reduce system costs, including flexible interconnection or energization tariffs and automated distributed resource management systems.
(c) The commission's consideration of the rule-making proceeding described
in subsections (6)(a) and (6)(b) of this section must conclude in a time that is sufficient to allow the qualifying retail utility to file its second distribution system plan after May 22, 2024.
(7) Cost recovery - grid modernization adjustment clause. (a) A qualifying
retail utility shall recover, on an annual basis, projected distribution activities through a grid modernization adjustment clause established as part of the qualifying retail utility's first distribution system plan application after May 22, 2024, so long as the grid modernization adjustment clause continues in effect through subsequent distribution system plans.
(b) (I) Within the distribution system plan, a qualifying retail utility shall
propose, and the commission shall evaluate, whether the projected distribution activities and corresponding budgets strategically benefit or advance the applicable targets, standards, plans, and regulations described in subsection (5)(a) of this section or state energy policy goals, including greenhouse gas emission reductions, beneficial electrification, increased reliability, and increased resiliency, and the commission shall allow grid modernization adjustment clause recovery for such approved distribution activities.
(II) If the commission finds that the projected distribution activities and
corresponding budgets affordably and strategically benefit or advance the goals described in subsection (7)(b)(I) of this section, the distribution activities are qualifying distribution activity recovery and recovery must occur through the grid modernization adjustment clause in a manner consistent with this section.
(III) For projected distribution activities and corresponding budgets that the
commission finds do not benefit or advance the goals described in subsection (7)(b)(I) of this section, recovery may occur through the grid modernization adjustment clause if the qualifying retail utility meets the criteria established in the performance-based framework approved by the commission pursuant to subsection (5)(e) of this section through the distribution system planning process.
(c) (I) The grid modernization adjustment clause is subject to annual
adjustments, which are effective on January 1 of each year.
(II) A qualifying retail utility shall make a grid modernization adjustment
clause advice letter filing with the commission annually, and no later than November 1 of each year, with an effective date of January 1 of the subsequent year, which must include the qualifying distribution activity recovery and other distribution activities approved pursuant to subsection (7)(b) of this section for the next twelve months, including a return at the qualifying retail utility's most recently approved weighted average cost of capital.
(III) The grid modernization adjustment clause must be reduced to the extent
that any prudently incurred costs being recovered through the grid modernization adjustment clause have already been included in the qualifying retail utility's base rates as a result of the commission's final order in a rate case, and recovered qualifying distribution activity recovery is subject to a true-up with any positive or negative balance credited to customers or recovered by the qualifying retail utility in the subsequent year and an appropriate financing cost applied to the positive or negative balances.
(d) Recovery through the grid modernization adjustment clause must not
apply to wholesale customers with rates under federal jurisdiction or customers that do not take distribution service from the qualifying retail utility.
(8) Virtual power plant program. (a) No later than February 1, 2025, a
qualifying retail utility shall create and file with the commission an application to implement a virtual power plant program, including a tariff for performance-based compensation for a qualified virtual power plant.
(b) A virtual power plant program implemented pursuant to subsection (8)(a)
of this section:
(I) Must define the goals of the virtual power plant program and consider the
role that virtual power plants can play in modeling and meeting system needs in the resource planning process and eligibility requirements for DER aggregators and technologies;
(II) Must establish a requirement for a DER aggregator to participate in a
virtual power plant as a qualified aggregator, including communication, dispatch, measurement and verification, and settlement of performance-based compensation;
(III) May set a cap for individual resource capacity and minimum aggregation
capacity for participation in the virtual power plant program;
(IV) Must have provisions for the enrollment of prosumers by DER
aggregators;
(V) Must have requirements for a DER aggregator to participate in a virtual
power plant tariff, including requirements for the measurements of distributed energy resources associated with the virtual power plant;
(VI) Must have requirements for a standard tariff or tariffs to set
performance requirements and performance-based compensation for the DER aggregator, which requirements must include:
(A) A requirement that otherwise eligible customers must participate in the
tariff or tariffs through a DER aggregator, regardless of the customer's electricity service rate; and
(B) A requirement to explore the costs and benefits of setting the tariff
requirements and compensation for a period of five years, after which DER aggregators may be required to transition to different tariff requirements and compensation;
(VII) Must have streamlined and reasonable data requirements for the
participation of qualified aggregators, prosumers, or otherwise eligible customers in the virtual power plant program;
(VIII) Must provide that prosumers or otherwise eligible customers must not
be disqualified from participation in a commission-approved virtual power plant program or performance-based compensation due to receipt of other incentives, including up-front incentives or performance payments for energy, capacity, or other grid services that are distinct from the virtual power plant;
(IX) Must provide that prosumers or otherwise eligible customers are not
compensated for the provision of the same service more than once;
(X) Must require that DER aggregators adhere to all relevant interconnection
rules, tariffs, and applicable qualifying retail utility procedures to ensure the safe operation of virtual power plants within the distribution system;
(XI) Must prescribe the method for setting performance-based
compensation. The virtual power plant program may make use of tariff riders to reflect standard and additional values provided by certain resources, locations, times, or grid conditions. To the extent applicable, the performance-based compensation methodology must reflect the full value of services, which may include:
(A) Local and system peak demand reduction;
(B) Clean peak service;
(C) Voltage support and other ancillary services;
(D) The avoidance or deferral of electric or gas transmission or distribution
upgrades or capacity expansion;
(E) Locational value as revealed by a grid needs assessment or participation
in non-wires alternatives identified in the qualifying retail utility's distribution system plan;
(F) The use of telemetry for settlement; and
(G) Other functions that the commission determines are supportive of
efficient planning and operation of the electrical grid; and
(XII) Must allow a qualifying retail utility to serve as a DER aggregator so
long as the tariff or access to necessary data does not provide the utility a competitive advantage over third-party aggregators.
(c) As part of the tariff application, the commission shall consider whether it
is appropriate to set different performance-based compensation and requirements for different technologies or services.
(d) Any tariff filed by a qualifying retail utility pursuant to subsection (8)(a)
of this section must include, at a minimum, the following terms for the commission to approve, modify, or deny the tariff:
(I) Minimum and maximum numbers of grid events for which the qualifying
retail utility may dispatch the virtual power plant;
(II) Months of the year that grid events can occur;
(III) Days of the week that grid events can occur;
(IV) Times of day that grid events can occur;
(V) The maximum duration of grid events; and
(VI) Minimum advance notification requirements of grid events.
(e) Nothing in this section affects a qualifying retail utility's net metering
program required by section 40-2-124 for energy that is exported outside of a commission-approved virtual power plant program.
(f) A qualifying retail utility shall recover costs to facilitate a virtual power
plant program, including foundational technology costs or investments, operations and maintenance expenses, operating technology costs or investments, and information technology costs or investments, through the grid modernization adjustment clause.
(g) (I) In order to participate in a virtual power plant program under this
section, an individual energy storage project put out to bid by the project owner after June 30, 2024, with a usable energy capacity of one megawatt or higher is subject to the requirements of sections 24-92-304, 24-92-305, 24-92-306, and 24-92-307.
(II) The DER aggregator administering the VPP shall file an affidavit under
penalty of perjury with the commission stating that all energy storage systems with a usable energy capacity of one megawatt or higher participating in the VPP are in compliance with this section.
(III) The commission may ask the qualifying retail utility to get additional
information or documentation from the DER aggregator if the commission deems it necessary to ensure compliance with this section.
(IV) After the initial filing of the affidavit with the commission, if a DER
aggregator adds an individual additional storage system capacity of one megawatt or higher, the DER aggregator shall file another affidavit with the commission.
(h) Unless implemented in another proceeding, the commission shall
determine whether to direct a qualifying retail utility to propose a competitive solicitation for virtual power plants that may operate in conjunction with the tariff-based virtual power plant program in evaluating the approval of the tariff.
(9) Underground conversion and community benefit programs - plans -
definition. (a) By January 1, 2025, a qualifying ret
C.R.S. § 40-2-133
40-2-133. Workforce transition planning filing - definition. (1) A qualifying retail utility regulated by the commission that submits a filing, including a resource plan or application, that includes a proposed accelerated retirement of an electric generating facility shall also include a workforce transition plan as part of its filing.
(2) To the extent practicable, a workforce transition plan must include
estimates of:
(a) The number of workers employed by the qualifying retail utility or a
contractor of the qualifying retail utility at the electric generating facility, which number must include all workers that directly deliver fuel to the electric generating facility;
(b) The total number of workers whose existing jobs, as a result of the
retirement of the electric generating facility:
(I) Will be retained; and
(II) Will be eliminated;
(c) With respect to the workers whose existing jobs will be eliminated due to
the retirement of the electric generating facility, the total number and the number by job classification of workers:
(I) Whose employment will end without them being offered other
employment;
(II) Who will retire as planned, be offered early retirement, or leave on their
own;
(III) Who will be retained by being transferred to other electric generating
facilities or offered other employment by the qualifying retail utility; and
(IV) Who will be retained to continue to work for the qualifying retail utility in
a new job classification; and
(d) If the qualifying retail utility is replacing the electric generating facility
being retired with a new electric generating facility, the number of:
(I) Workers from the retired electric generating facility who will be employed
at the new electric generating facility; and
(II) Jobs at the new electric generating facility that will be outsourced to
contractors or subcontractors.
(3) As used in this section, qualifying retail utility has the meaning
described in section 40-2-124 (1); except that the term does not mean a municipally owned utility or a cooperative electric association.
Source: L. 2019: Entire section added, (SB 19-236), ch. 359, p. 3303, � 8,
effective May 30.
C.R.S. § 40-20-311
40-20-311. Office of rail safety - agreement with federal railroad administration - duties of commission - inspections - information gathering - reports - rules - repeal. (1) The office of rail safety is created with the mission of ensuring freight, passenger, community, and environmental rail safety in the state for the state's unique and delicate terrain, its headwaters, its communities, and its rail workers. The commission shall administer the office in accordance with this article 20.
(2) (a) As soon as is practicable, the commission, on behalf of the state, shall
enter into an agreement with the federal railroad administration pursuant to 49 CFR 212 to participate in inspection and investigation activities. Under the agreement, the commission shall secure the authority to address all railroad safety disciplines, including crossings, track, signal and train control, motive power and equipment, operating practices, compliance, and hazardous materials.
(b) If an agreement cannot be reached as described in subsection (2)(a) of
this section, the commission, on behalf of the state, shall file an annual certification pursuant to 49 CFR 212.107.
(3) The commission has authority to engage in inspection, investigation, and
enforcement activities, as described in 49 CFR 212, to address compliance with federal railroad safety laws and regulations. Notwithstanding any provision of this section, the authority of the commission to engage in inspection, investigation, and enforcement activities pursuant to this section is limited to:
(a) Class I railroads;
(b) Railroads operating any lines that were used by class I railroads as of July
1, 2024; and
(c) Passenger railroads.
(4) The attorney general may bring an action, consistent with 49 CFR 212, to
enforce state and federal railroad safety regulations. In bringing such an action, the attorney general shall comply with 49 CFR 212.115.
(5) An interested party may request that the commission investigate an
alleged violation of this part 3.
(6) The commission may report an alleged violation of this part 3 or any other
safety concern to the federal railroad administration or the federal surface transportation board.
(7) The commission may seek, accept, and expend gifts, grants, and
donations and federal grant money to purchase training materials and other equipment as needed for the implementation of this section.
(8) The commission shall regularly engage with railroads, unions
representing railroad employees, local governments of counties, special districts, and municipalities that contain railroad lines, first responder organizations, disproportionately impacted communities, and environmental organizations in implementing this section.
(9) The commission is immune from liability for actions performed pursuant
to this section, as described in article 10 of title 24.
(10) The office of rail safety shall collect and report information regarding
blocked highway-rail crossings in the state, including information regarding emergency vehicles affected by blocked highway-rail crossings.
(11) (a) The office of rail safety shall create a standard process for
investigators to use during investigations under this section for determining the appropriate time and method for:
(I) Gathering information about an investigation from railroads, contractors,
employees of railroads or representatives of employees of railroads, and others, as determined relevant by the office of rail safety; and
(II) Consulting with railroads, contractors, employees of railroads or
representatives of employees of railroads, and others, as determined relevant by the office of rail safety, for technical expertise on the facts of an investigation.
(b) In developing the process required under subsection (11)(a) of this section,
the office of rail safety shall include consideration of how to maintain the confidentiality of any entity identified pursuant to subsection (11)(a) of this section if:
(I) The entity requests confidentiality;
(II) The entity was not involved in the accident or incident; and
(III) Maintaining the entity's confidentiality does not adversely affect an
investigation by the office of rail safety.
(c) (I) Except as provided in subsection (11)(c)(II) of this section, the office of
rail safety may not disclose the name of an employee of a railroad who has provided information about an alleged violation of this part 3 or matters described in subsection (11)(c)(II) of this section unless the office of rail safety obtains the employee's written consent for such disclosure.
(II) The office of rail safety shall disclose to the attorney general or the
federal railroad administration the name of an employee described in subsection (11)(c)(I) of this section if the matter is referred to the attorney general or the federal railroad administration for enforcement. Before making such a disclosure, the office of rail safety shall provide reasonable advance notice to the affected employee and to a designated employee representative if such a representative exists.
(d) The office of rail safety shall promulgate rules to protect employees from
retaliation for their participation in investigations under this section and shall create a mechanism to accept and resolve complaints regarding violations of the rules, which mechanism is consistent with federal law.
(12) The office of rail safety shall coordinate with the department of
transportation, the department of public safety, the department of public health and environment, the department of natural resources, and stakeholders such as railroads, first responders, local governments, metropolitan planning organizations, and labor organizations to identify and implement initiatives and priorities to reduce the frequency of blocked highway-rail crossings, improve emergency preparedness and resilience, and improve rail safety. This may include innovative use of data and technology to prioritize elimination or protection of highway-rail crossings, information sharing, and first responder decision support. The office of rail safety shall also coordinate with the aforementioned entities regarding possible federal grants to improve rail and public safety.
(13) (a) On or before December 1, 2024, the commission, the department of
public safety, and the department of transportation shall provide a report to the governor; the transportation, housing, and local government committee of the house of representatives; and the transportation and energy committee of the senate. The report must be developed in consultation with the community rail safety advisory committee and the rail industry safety advisory committee and include:
(I) An assessment of the staffing levels and equipment necessary to ensure
railroads' compliance with federal and state rules and regulations and minimize rail safety risks for railroads, facilities, workers, and communities that include rail lines;
(II) An indication that public data not subject to exceptions under the
Colorado Open Records Act, part 2 of article 72 of title 24, will be shared with the community rail safety advisory committee and the rail industry safety advisory committee;
(III) An assessment of data collection and reporting needs to ensure annual
reporting on rail safety, including train length, for covered railroads and facilities;
(IV) An assessment of emergency response and cleanup capacity needed for
hazardous materials incidents involving railroads;
(V) A quantification of the adequate levels of investment necessary to
reduce highway-rail crossing incidents and other risks;
(VI) Mechanisms for ensuring equitable input from members of the public to
state agencies regarding rail safety;
(VII) An assessment of best practices for ensuring financial responsibility for
response, cleanup, and damages from major rail events, which assessment reviews best practices from other states;
(VIII) A report concerning communication issues impacting rail lines in the
state, including communication with state entities such as the department of public safety; communication issues between crews working long trains; and communication from wayside detectors to crews; and
(IX) (A) A legislative proposal concerning the creation of a fee structure or
other revenue source, an assessment, and a governance body and an office of rail safety to address the needs described in subsections (13)(a)(I) to (13)(a)(VIII) of this section, which fee structure, assessment, and governance body can be introduced as legislation as soon as the 2025 regular legislative session and begin operating no later than January 1, 2027.
(B) The report must include a recommendation as to which state agency
would host the proposed governance body to ensure proper compliance with state and federal law, equitable access to community and worker organizations, and enforcement of safety requirements.
(b) In preparing the report described in subsection (13)(a) of this section, the
commission, the department of public safety, and the department of transportation shall consult with the attorney general, the community rail safety advisory committee, the rail industry safety advisory committee, and interested stakeholders, including railroads, unions representing railroad employees, local governments of counties, special districts, municipalities that contain railroad lines, the federal railroad administration, first responder organizations, disproportionately impacted communities, and environmental organizations.
(c) This subsection (13) is repealed, effective July 1, 2026.
(14) The commission may promulgate rules to implement this section.
(15) (a) The office of rail safety shall collect and analyze data to create a
more comprehensive understanding of rail safety. The office of rail safety shall work to compile existing data collected by the federal railroad administration and compile additional data on covered railroads and facilities, including:
(I) The average train length and data on trains over eight thousand five
hundred feet in length;
(II) Wayside detector information, including information required in wayside
detector reporting pursuant to section 40-20-303;
(III) Blocked public crossing locations by United States department of
transportation inventory number, duration of blockage, and reason for blockage; and
(IV) Maintenance activity, including:
(A) Car and locomotive maintenance, including how often a defect is
identified, the type of defect identified, the corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken;
(B) Track maintenance, including how often a defect is identified, the type of
defect identified, the corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken;
(C) Signal equipment maintenance, including how often a defect is identified,
the type of defect identified, the corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken; and
(D) Crossing equipment maintenance, including how often a defect is
identified, the type of defect identified, the corrective action recommended, the corrective action taken, and when corrective action, if necessary, was taken.
(b) The office of rail safety shall summarize the data collected and analyzed
pursuant to subsection (15)(a) of this section and include the summary in the annual report required by subsection (17)(b) of this section. The office of rail safety may determine that certain data is infeasible to collect. The office of rail safety shall consult with the community rail safety advisory committee and the rail industry safety advisory committee regarding any data that the office of rail safety determines is infeasible to collect and shall provide information to the committees as to why certain data may be infeasible to collect.
(16) The office of rail safety shall ensure that data collected pursuant to this
section that is not subject to exceptions under the Colorado Open Records Act, part 2 of article 72 of title 24, is made available to the community rail safety advisory committee and the rail industry safety advisory committee.
(17) (a) Beginning on July 1, 2027, the office of rail safety, in coordination with
the department of public safety and the department of public health and environment, shall conduct a comprehensive assessment of the state's ability to respond to a large-scale release of hazardous materials from rail transportation. The assessment must include:
(I) A determination of the number of first responders who are trained to
respond to an emergency involving hazardous materials, their locations, and their training levels;
(II) A summary of railroads' existing training provided to first responders,
including through the use of virtual training or mobile training cars, and railroads' efforts to encourage enrollment in this training;
(III) An inventory of the equipment available to deploy during an emergency
involving hazardous materials, including current locations of hazmat response caches, to identify gaps in hazmat response relating to personnel, training, and equipment;
(IV) Recommendations on ways to increase access to training for volunteer
firefighters and incentives for them to attend the training described in section 40-20-310;
(V) A map that identifies environmentally critical areas of the state,
vulnerable environmental corridors, and disproportionally impacted communities that are adjacent to routes operated by freight trains and provides information about the types and amounts of hazardous materials generally transported along these routes for the purpose of determining what a large-scale release could involve;
(VI) Recommendations on the types and number of additional caches of
equipment and materials necessary to respond to environmentally critical areas and vulnerable environmental corridors for use by local first responders to conduct a safe and effective first response to an incident involving a large-scale release of hazardous materials, along with recommendations as to the best locations in the state at which to store equipment and materials ready for deployment by local first responders;
(VII) The response plans of class I railroads, and the response plans of other
emergency response and health entities that are expected to arrive at the site of a large-scale hazardous release prepared to assume responsibility for the containment, collection, cleanup, and remediation of the site, including:
(A) An estimate of the number of personnel and the amount and type of
equipment and materials required to address a large-scale release of hazardous materials;
(B) A description of the best routes and the best modes of transportation to
be used to transport personnel, equipment, and materials to critical areas of the state; and
(C) An estimate of the amount of time required for personnel, equipment,
and materials to be deployed to environmentally critical areas and vulnerable environmental corridors of the state; and
(VIII) Any additional information that assists in the development of
comprehensive plans to promptly deploy the state's local resources, immediately followed by the deployment of corporate railroad resources and those of other emergency response and health entities, to contain and collect, to the maximum extent possible, a large-scale release of hazardous materials in critical areas of the state.
(b) On or before December 15, 2029, the office of rail safety shall report to
the transportation, housing, and local government committee of the house of representatives and the transportation and energy committee of the senate, or their successor committees, summarizing the assessment conducted pursuant to subsection (17)(a) of this section.
(c) The office of rail safety shall work with the community rail safety
advisory committee and the rail industry safety advisory committee and relevant state agencies on implementing the recommendations of the assessment conducted pursuant to subsection (17)(a) of this section and report created pursuant to subsection (17)(b) of this section.
(18) The office of rail safety shall assess the best practices for ensuring
financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states.
(19) The office of rail safety shall monitor and assess communication issues
impacting rail lines in the state, including:
(a) Communication with state entities, including the department of public
safety;
(b) Communication issues between crews working on trains measuring more
than eight thousand five hundred feet in length; and
(c) Communication from wayside detectors to crews.
Source: L. 2024: Entire part added, (HB 24-1030), ch. 161, p. 755, � 1,
effective July 1. L. 2025: IP(3), (5), (6), and (9) amended and (15), (16), (17), (18), and (19) added, (SB 25-162), ch. 420, p. 2373, � 7, effective June 4.
Cross references: For the legislative declaration in SB 25-162, see section 1
of chapter 420, Session Laws of Colorado 2025.
C.R.S. § 40-3-120
40-3-120. Fuel cost sharing - gas utilities - electric utilities - rules. (1) (a) On or before November 1, 2023, an investor-owned gas utility shall file with the commission a gas price risk management plan that includes proposals for leveling or reducing the volatility of fuel costs that are recovered pursuant to the utility's gas cost adjustment filings. Such plan must include a maximum per-month fuel cost that accounts for price fluctuations based on seasonality and can be automatically recovered through the gas cost adjustment mechanism. The plan may include other elements such as physical hedging, financial hedging, fuel storage, or long-term contracting.
(b) The commission shall allow any prudently incurred costs above the
maximum monthly fuel cost included in an investor-owned gas utility's plan pursuant to subsection (1)(a) of this section to be recorded in a deferred balance that is recoverable and amortized over an appropriate timeline of no more than five years with financing costs, as determined by the commission.
(c) The commission shall approve, amend, or deny a plan submitted pursuant
to this subsection (1) based on a determination of the best interests of a utility's ratepayers, insofar as the commission finds that the plan is in the public interest.
(2) (a) On or before January 1, 2025, the commission shall adopt rules to
establish mechanisms to align the financial incentives of an investor-owned electric or gas utility with the interests of the utility's customers regarding incurred fuel costs.
(b) The mechanisms established by rule pursuant to subsection (2)(a) of this
section must be designed to protect customers and to improve the utility's management of fuel costs. The commission shall tailor the mechanisms to apply to different utilities based on a utility's size or ability to implement the mechanisms.
(c) The commission may establish a symmetrical incentive for the utility to
successfully implement the mechanisms.
(3) In adopting the rules pursuant to subsection (2)(a) of this section, the
commission:
(a) Shall consider:
(I) Symmetrically allocating an amount of fuel price risk to the investor-owned electric or gas utility, subject to reasonable parameters, including:
(A) A range of outcomes within which no risk sharing occurs; and
(B) A cap on any incentive or cost share that results from the risk-mitigation
mechanism; and
(II) Mechanisms to improve electricity production cost efficiency while
minimizing fuel costs, such as symmetrically allocating a portion of improvements or degradations in electricity production per dollar of fuel or per dollar of acquisition costs incurred; and
(b) Shall consider, to the extent such information is relevant:
(I) The financial health of the utility and corresponding impacts on customer
affordability; and
(II) The utility's ability to make investments to achieve the state's energy
policy objectives in an affordable manner for customers.
(4) Nothing in this section:
(a) Shall be construed to automatically shift risk to the investor-owned
electric or gas utility; or
(b) Warrants an automatic adjustment to the amount of allowable return on
equity or any other rate-making metric.
Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 715, � 4,
effective August 7.
C.R.S. § 40-3-121
40-3-121. Natural gas cost causation study - commission proceeding - reporting - repeal. (Repealed)
Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 716, � 4,
effective August 7.
Editor's note: Subsection (3) provided for the repeal of this section, effective
September 1, 2025. (See L. 2023, p. 716.)
ARTICLE 3.2
Air Quality Improvement Costs
PART 1
GENERAL PROVISIONS
40-3.2-101. Legislative declaration. The general assembly hereby finds,
determines, and declares that cost-effective natural gas and electricity demand-side management programs will save money for consumers and utilities and protect Colorado's environment. The general assembly further finds, determines, and declares that providing funding mechanisms to encourage Colorado's public utilities to reduce emissions or air pollutants and to increase energy efficiency are matters of statewide concern and that the public interest is served by providing such funding mechanisms. Such efforts will result in an improvement in the quality of life and health of Colorado citizens and an increase in the attractiveness of Colorado as a place to live and conduct business.
Source: L. 98: Entire article added, p. 1050, � 3, effective July 1. L. 2007:
Entire section amended, p. 984, � 2, effective May 22.
40-3.2-101.5. Definitions. As used in this article 3.2, unless the context
otherwise requires:
(1) Air quality improvement costs means the incremental life-cycle costs
including capital, operating, maintenance, fuel, and financing costs incurred or to be incurred by a public utility at electric generating facilities located in Colorado. To account for the timing differences between various costs and revenue recovery, life-cycle costs shall be calculated using net present value analysis.
Source: L. 2025: Entire section added with relocations, (SB 25-275), ch. 377,
p. 2106, � 323, effective August 6.
Editor's note: This section is similar to � 40-3.2-102 (2) as it existed prior to
2025.
40-3.2-102. Recovery of air quality improvement costs. (1) A public utility
shall be entitled to fully recover from its retail customers the air quality improvement costs that it prudently incurs as a result of a voluntary agreement entered into pursuant to part 12 of article 7 of title 25, C.R.S., after July 1, 1998, except as provided in subsection (7) of this section.
(2) Repealed.
(3) Upon application by a public utility for cost recovery, the commission
shall determine an appropriate method of cost recovery that assures full cost recovery for the public utility. The air quality improvement costs recovered by the public utility shall not cause an average rate impact greater than the equivalent of one and one-half mills per kilowatt hour in any period, nor shall such costs exceed a total of two hundred eleven million dollars calculated using 1998 net present value dollars. The air quality improvement costs for a generating facility shall be recovered over a period of fifteen years or less.
(4) Any revenues a public utility receives from transferring, selling, banking,
or otherwise using allowances established under Title IV of the federal Clean Air Act or under any other trading program of regional or national applicability shall be credited to the public utility's customers to offset air quality improvement costs if such revenues are a result of a voluntary agreement entered into under part 12 of article 7 of title 25, C.R.S.
(5) To the extent that a voluntary agreement entered into under part 12 of
article 7 of title 25, C.R.S., does not increase the public utility's electric generating capacity, the voluntary agreement shall not be subject to any restrictions that arise from the commission's integrated resources planning rules.
(6) The commission shall assure that any future industry restructuring does
not adversely affect the ability of the public utility to recover its air quality improvement costs. Nothing in this section shall prevent the commission from considering the appropriate value, including market value, of a public utility's generation assets in any future industry restructuring proceeding.
(7) (a) If a public utility's wholesale sales are subject to regulation by the
federal energy regulatory commission and the public utility sells power on the wholesale market from generating facilities that are subject to a voluntary agreement under part 12 of article 7 of title 25, C.R.S., the public utilities commission shall determine whether to assign a portion of the air quality improvement costs to be recovered from the public utility's wholesale customers. The public utilities commission may assign a portion of the air quality improvement costs to the public utility's wholesale customers to the extent that such portion of such cost recovery does not conflict with the public utility's wholesale contracts entered into prior to April 1, 1998.
(b) If the public utilities commission assigns a portion of the public utility's
air quality improvement costs to be recovered from the public utility's wholesale customers, the public utility may apply to the federal energy regulatory commission for recovery, effective on the date of filing, of the portion of costs assigned to the public utility's wholesale customers. The public utilities commission shall permit the public utility to recover the portion of costs assigned to the public utility's wholesale customers from its retail customers pending the federal energy regulatory commission's approval of recovery from the public utility's wholesale customers.
(c) Notwithstanding paragraph (b) of this subsection (7), if the public utility
fails to apply to the federal energy regulatory commission within six months after the public utilities commission's final order assigning a portion of the air quality improvement costs to the public utility's wholesale customers or fails to make a diligent, good faith effort to persuade the federal energy regulatory commission to approve the cost recovery from the public utility's wholesale customers, the public utility shall not be entitled to recover said portion of the costs from its retail customers.
(d) All revenues that a public utility receives from its wholesale customers
for air quality improvement costs shall be credited as an offset to the air quality improvement costs charged to the public utility's retail customers.
Source: L. 98: Entire article added, p. 1050, � 3, effective July 1. L. 2025: (2)
repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: Subsection (2) was relocated to � 40-3.2-101.5 in 2025.
40-3.2-103. Gas distribution utility demand-side management programs -
recovery of costs - reports. (1) Commencing in 2022 and no less frequently than every four years thereafter, each investor-owned gas distribution utility, also referred to in this section as a gas utility, shall file an application to open a DSM strategic issues proceeding to develop energy savings targets to be achieved by the gas utility, taking into account its potential for cost-effective demand-side management as well as Colorado's greenhouse gas reduction goals. The commission shall, as part of approving a gas utility's gas DSM strategic issues application, also develop an estimated DSM budget commensurate with natural gas savings targets, funding and cost-recovery mechanisms, and a financial bonus structure for DSM programs implemented by a gas utility.
(2) As part of the development of targets, mechanisms, and a bonus
structure required by subsection (1) of this section, the commission shall:
(a) Adopt an estimated budget for DSM program expenditures
commensurate with the energy savings targets established by the commission;
(b) Establish DSM program energy savings targets that are consistent with
achieving the greenhouse gas reduction targets in section 25-7-102 (2)(g), take into consideration new clean energy technologies as contemplated by section 40-2-123, and reflect the maximum cost-effective and achievable natural gas savings potential for the gas utility consistent with the needs of its full-service customers;
(c) (I) (A) Adopt procedures for allowing gas utilities to recover their
prudently incurred costs of DSM programs without having to file a rate case. Such costs shall include, but are not limited to, facility investments; rebates; interest rate buy-downs; incremental labor costs, employee benefits, carrying costs, and employee-related administrative costs; and other administrative costs. All such costs shall be recovered through a cost adjustment mechanism that is set on an annual basis, or more frequently if deemed appropriate.
(B) Labor costs shall reflect, and the commission shall require, compliance
with all applicable labor standards set forth in section 40-3.2-105.5.
(II) Cost adjustment procedures shall give gas utilities the option of
obtaining cost recovery either through expensing DSM program expenditures or adding them to base rates, with an amortization period to be determined by the commission. In addition, such procedures shall provide that cost recovery for programs directed at residential customers are to be collected from residential customers only and that cost recovery for programs directed at nonresidential customers are to be collected from nonresidential customers only.
(d) Adopt a bonus structure to reward gas utilities for investments in cost-effective DSM programs. For each year of operation, the bonus shall be capped at
twenty-five percent of the expenditures or twenty percent of the net economic benefits of the DSM programs, whichever amount is lower. The amount of the bonus awarded each year shall be determined based on the extent to which the gas utility has achieved the targets established by the commission in accordance with paragraphs (a) and (b) of this subsection (2). The bonus shall not count against a gas utility's authorized rate of return or be considered in rate proceedings.
(e) Consider the fact that implementing the new DSM programs may require
a phase-in period before a gas utility is able to achieve the funding level determined by the commission pursuant to paragraph (a) of this subsection (2). A gas utility that implements a new DSM program in phases shall be eligible to receive a bonus under the bonus structure adopted pursuant to paragraph (d) of this subsection (2) during its phase-in period.
(f) Not adopt any measure authorizing a financial penalty against a gas
utility that fails to meet the targets in any particular year.
(2.5) For gas utilities with fewer than two hundred fifty thousand full-service
customers, the commission may establish energy savings targets, a budget for gas DSM program expenditures, funding and cost-recovery mechanisms, and a financial bonus structure in the same proceeding in which the utility's gas DSM program plan is submitted for approval.
(3) After the development of the targets, mechanisms, and bonus structure
as described in subsection (1) of this section, each gas utility shall:
(a) (I) Develop gas DSM program plans designed to meet or exceed the
energy savings targets established by the commission.
(II) Gas DSM program plans may be combined with electric DSM program
plans, beneficial electrification plans, or other plans that reduce energy consumption or greenhouse gas emissions. Except as otherwise provided in subsections (3)(a)(III) and (3)(a)(IV) of this section, one or more of the gas DSM programs or measures, representing an aggregate total of at least twenty-five percent of overall residential gas DSM program expenditures, including expenditures serving income-qualified households, must be targeted to residential customers in income-qualified households.
(III) In the case of a gas utility with fewer than fifty thousand full-service
customers, and except as otherwise provided in subsection (3)(a)(IV) of this section, one or more of the gas DSM programs or measures, representing an aggregate total of at least fifteen percent of overall residential gas DSM program expenditures, including expenditures serving income-qualified households, must be targeted to residential customers in income-qualified households.
(IV) On or after January 1, 2026, the commission may commence proceedings
to adjust the percentage specified in subsection (3)(a)(II) or (3)(a)(III) of this section in light of changed circumstances, so long as the resulting percentages represent a significant portion of gas DSM program expenditures and continue to make progress toward achievement of Colorado's energy efficiency and greenhouse gas emission reduction goals.
(b) In implementing approved DSM programs, use reasonable efforts to
maximize energy savings consistent with the annual energy efficiency budget.
(3.5) (a) To meet the energy savings targets established by the commission
in accordance with this section, gas utilities shall consider including incentives for customers to utilize behind-the-meter thermal renewable sources. The commission shall not prohibit gas utilities from offering programs or incentives that encourage customers to replace gas-fueled appliances with efficient electric appliances.
(b) The commission shall not require the removal of gas-fueled appliances or
equipment from an existing structure nor ban the installation of gas service lines to any new structure.
(4) In implementing DSM programs, gas utilities may spend a
disproportionate share of total expenditures on one or more classes of customers.
(5) (a) The commission shall authorize each gas utility to recover money
spent for education programs, impact and process evaluations, and program planning related to natural gas DSM programs offered by the gas utility without having to show that such expenditures, on an independent basis, are cost-effective. The commission may limit the amount spent for these activities.
(b) (I) Upon petition by a regulated gas utility, the commission shall remove
disincentives to the implementation of effective gas DSM programs through the adoption of a rate adjustment mechanism that ensures that the revenue per customer approved by the commission in a general rate case proceeding is recovered by the gas utility without regard to the quantity of natural gas actually sold by the gas utility after the date the rate took effect. The commission shall separately calculate, for the rate class or classes to which a rate adjustment mechanism applies, the regulatory disincentives removed through that mechanism and collected or refunded by the gas utility through a tariff rider.
(II) Removing disincentives through a rate adjustment mechanism adopted
pursuant to subsection (5)(b)(I) of this section does not preclude a gas utility from receiving a bonus pursuant to subsection (2)(d) of this section.
(III) The commission shall not reduce a gas utility's return on equity based
solely on approval of a rate adjustment mechanism adopted pursuant to subsection (5)(b)(I) of this section.
(6) (a) Gas utilities shall submit annual reports to the commission, as
determined by the commission by rule. The annual report shall describe the gas utility's DSM programs and shall document program expenditures, energy savings impacts and the techniques used to estimate these impacts, the estimated cost-effectiveness of program expenditures, and any other information the commission may require.
(b) The commission shall review each report submitted pursuant to
paragraph (a) of this subsection (6) and shall determine the level of bonus, if any, that the gas utility is eligible to collect on the basis of the information included in the report. The commission's determination shall be made within three months after receiving the report. Any such bonus shall be authorized as a supplement to the cost adjustment mechanism or alternative mechanism approved by the commission and shall be applied over a twelve-month period after approval of the bonus.
(7) Gas utilities may continue DSM programs that were in existence on or
before May 22, 2007, and shall not be required to obtain approval from the commission for such programs.
(8) This section shall not be construed to extend the commission's authority
to any nonregulated utility businesses or affiliates of a gas utility.
Source: L. 2007: Entire section added, p. 984, � 3, effective May 22. L. 2021:
(1), IP(2), (2)(a), (2)(b), (2)(c)(I), (3), and (5) amended and (2.5) and (3.5) added, (HB 21-1238), ch. 330, p. 2133, � 4, effective September 7.
Cross references: (1) For the definition of DSM programs, see � 40-1-102.
(2) For the legislative declaration in HB 21-1238, see section 1 of chapter
330, Session Laws of Colorado 2021.
40-3.2-104. Electricity utility demand-side management programs - rules -
annual report - definition. (1) It is the policy of the state of Colorado that a primary goal of electric utility least-cost resource planning is to minimize the net present value of revenue requirements. The commission may adopt rules as necessary to implement this policy.
(2) (a) The commission shall establish energy savings and peak demand
reduction goals to be achieved by an investor-owned electric utility, taking into account the utility's cost-effective demand-side management potential, the need for electricity resources, the benefits of demand-side management investments, and other factors as determined by the commission.
(b) The energy savings and peak demand reduction goals must be at least
five percent of the utility's retail system peak demand, measured in megawatts, in the base year and at least five percent of the utility's retail energy sales, measured in megawatt-hours, in the base year. The base year is 2006. The goals shall be met in 2018, counting savings in 2018 from demand-side management measures installed starting in 2006. The commission may establish interim goals and may revise the goals as it deems appropriate.
(c) Commencing January 1, 2019, the energy savings and peak demand
reduction goals must be at least five percent of the utility's retail system peak demand, measured in megawatts, in the base year and at least five percent of the utility's retail energy sales, measured in megawatt-hours, in the base year. The base year is 2018. The goals shall be met in 2028, counting savings in 2028 from demand-side management measures installed starting in 2019. The commission may establish interim goals and may revise the goals as it deems appropriate.
(3) The commission shall permit electric utilities to implement cost-effective
electricity DSM programs to reduce the need for additional resources that would otherwise be met through a competitive acquisition process.
(4) The commission shall ensure that utilities develop and implement DSM
programs that give all classes of customers an opportunity to participate and shall give due consideration to the impact of DSM programs on nonparticipants and on low-income customers.
(5) The commission shall allow an opportunity for a utility's investments in
cost-effective DSM programs to be more profitable to the utility than any other utility investment that is not already subject to special incentives. In complying with this subsection (5), the commission shall consider, without limitation, the following incentive mechanisms, which shall take into consideration the performance of the DSM program:
(a) An incentive to allow a rate of return on demand-side management
investments that is higher than the utility's rate of return on other investments;
(b) An incentive to allow the utility to accelerate the depreciation or
amortization period for demand-side management investments;
(c) An incentive to allow the utility to retain a portion of the net economic
benefits associated with a DSM program for its shareholders;
(d) An incentive to allow the utility to collect the costs of DSM programs
through a cost adjustment clause;
(e) Other incentive mechanisms that the commission deems appropriate.
(6) Each investor-owned electric utility shall submit an annual report to the
commission describing the DSM programs implemented by the electric utility in the previous year. The report shall document the following:
(a) Program expenditures, including incentive payments;
(b) Peak demand and energy savings impacts and the techniques used to
estimate those impacts;
(c) Avoided costs and the techniques used to estimate those costs;
(d) The estimated cost-effectiveness of the DSM programs;
(e) The net economic benefits of the DSM programs; and
(f) Any other information required by the commission.
(7) For purposes of this section, electric utility or utility means investor-owned utility.
Source: L. 2007: Entire section added, p. 984, � 3, effective May 22; (7)
added, p. 1172, � 3, effective May 23. L. 2017: (2) amended, (HB 17-1227), ch. 209, p. 813, � 1, effective August 9. L. 2020: (5)(a) and (5)(b) amended, (HB 20-1402), ch. 216, p. 1059, � 72, effective June 30.
Cross references: For the definition of DSM programs, see � 40-1-102.
40-3.2-104.3. Eliminating incentives for gas service to properties - gas line
extension allowances - exemptions - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Applicant means a person that requests natural gas service and that
owns the real property requiring the service. Applicant includes a developer, builder, legal entity, or other person that has legal authority over the property.
(b) Dual-fuel utility means a utility that offers its customers both electric
and gas service.
(c) Gas utility means a gas utility that the commission regulates with
respect to rates and charges.
(d) Line extension allowance means a bundle of costs that includes
construction allowances for new service lines, meters, and other infrastructure associated with the addition of a new customer to a gas utility's distribution system.
(2) (a) A gas utility shall not provide an applicant an incentive, including a
line extension allowance, to establish gas service to a property.
(b) The commission may require a dual-fuel utility to provide its customers
that receive gas and electric service from the utility with relevant information regarding options for switching to high-efficiency electric space heating or water heating, including:
(I) A list of appliances for which the utility provides incentives or rebates; and
(II) For existing or prospective customers that are government entities, a
cost-benefit analysis of electrification options that includes up-front and lifetime costs, which analysis must take into account available incentives and rebates and use a reasonable cost that reflects gas price volatility.
(c) On or before December 31, 2023, each gas utility shall file with the
commission an updated tariff to reflect the removal of any incentives for an applicant to establish gas service to a property.
(d) Notwithstanding subsection (2)(c) of this section, a utility may exempt
from the updated tariff any applicant that:
(I) Has already submitted an application that has been approved or is
pending as of August 7, 2023;
(II) Can demonstrate or attest that the applicant has submitted a permit
application to the local government with permitting authority in the location of the property and that the application is either approved or pending as of August 7, 2023; or
(III) Can demonstrate or attest that the applicant has submitted to a local
government a site development plan or plat that is either approved or pending as of August 7, 2023; except that an applicant that has submitted a site development plan or plat for which a permit application to the local government has not been approved on or before December 31, 2024, is not exempt.
Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 717, � 5,
effective August 7.
40-3.2-104.4. Colorado energy office gas investment asset depreciation
study - third-party evaluation - commission rules. (1) (a) On or before July 1, 2024, the Colorado energy office created in section 24-38.5-101 (1) shall contract with an independent third party to evaluate the risk of stranded or underutilized natural gas infrastructure investments and the annual projected rate impact on ratepayers.
(b) The evaluation must take into account:
(I) Any projected decline in gas sales;
(II) The decline in the number of gas customers; and
(III) Measures to achieve the greenhouse gas emission reduction goals set
forth in section 25-7-102 (2)(g).
(c) The independent third party shall conduct an analysis of, and include
policy recommendations related to, the potential impacts of stranded or underutilized natural gas infrastructure on utility employees who work for, or contract workers who perform work for, investor-owned gas utilities. In conducting the study, the independent third party shall consult with appropriate labor organizations that represent utility employees who work for, and contract workers who perform work for, investor-owned gas utilities and other relevant stakeholders.
(2) After the independent third-party evaluation described in subsection (1)
of this section is completed, the Colorado energy office shall submit a written copy of the findings and conclusions of the evaluation to the commission. The commission shall review the evaluation and consider whether any changes to rules or depreciation schedules are warranted.
(3) (a) An investor-owned gas utility shall provide as part of any gas
infrastructure plan, or as otherwise directed by the commission, a map showing system-wide locations, ages, and materials or types of gas distribution system pipes, consistent with 49 CFR 191 and section 40-2-115 (1)(d).
(b) As part of the filing, the investor-owned gas utility shall also provide
information about pipes that may need to be upgraded or replaced within ten years after the date that the utility files the plan, unless otherwise directed by the commission.
(c) The commission shall ensure that the content of the map provided to the
commission and sharing procedures are in compliance with the parameters related to critical infrastructure reporting standards of the California Institute for Energy and Environment, or its successor organization, and the safety and system integrity standards of the American Petroleum Institute, or its successor organization.
(d) (I) An investor-owned gas utility may designate any map or associated
information provided pursuant to this subsection (3) as containing critical infrastructure information. If the commission determines that the designated map or associated information does not contain critical infrastructure information, the investor-owned gas utility may appeal the commission's determination in a court of competent jurisdiction by filing the appeal within ten days after the commission's determination.
(II) If the commission determines that the disclosure of the designated map
or associated information may expose or create vulnerability to critical infrastructure facilities or systems, the commission:
(A) Shall limit access to the designated map or associated information to
individuals at state agencies that are parties to the proceeding in which the map or associated information was provided; and
(B) Except as provided in subsection (3)(d)(II)(A) of this section, shall not
provide the designated map or associated information to any persons and may order the investor-owned gas utility to provide a public redacted version of the map or associated information that includes a general description of the information without detailed location information.
(III) A custodian, as defined in section 24-72-202 (1.1), shall not release a map
or associated information for which the commission has limited access pursuant to subsection (3)(d)(II) of this section in response to any request to inspect public records pursuant to the Colorado Open Records Act, part 2 of article 72 of title 24.
Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 718, � 5,
effective August 7.
40-3.2-104.5. Customer disconnection from investor-owned gas utility
service - rules. (1) An investor-owned gas utility shall not penalize or charge a fee to a customer that voluntarily terminates gas service. Once a customer has terminated the investor-owned utility's gas service, the utility shall not continue to charge the customer any fees. Any costs associated with termination shall be considered part of general distribution system investments and are eligible for cost recovery.
(2) The commission may adopt rules to establish standards for a customer's
voluntary disconnection from an investor-owned gas utility's gas distribution system. If the commission adopts the disconnection rules, the commission must consider:
(a) The health and safety risks related to the customer no longer using the
gas distribution system;
(b) The cost effectiveness of the method of disconnection;
(c) The use of, or requiring the installation of, shut-off valves or pipeline caps
as an option in lieu of potentially more cost-prohibitive excavation or construction activities to remove existing gas infrastructure;
(d) The impact on staffing, including any requirements and procedures for
utility employees and contract workers;
(e) The impact on critical repairs, scheduled maintenance, leak mitigation,
and other related activities; and
(f) Any other consideration that the commission deems appropriate.
(3) Nothing in this section shall be construed to mean that a utility cannot
charge an individual customer for excavation or construction activities to remove existing gas infrastructure if the customer has declined the more cost-effective methods to disconnect service.
Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 720, � 5,
effective August 7.
40-3.2-104.6. Commission study on beneficial electrification - repeal.
(Repealed)
Source: L. 2023: Entire section added, (SB 23-291), ch. 163, p. 721, � 5,
effective August 7.
Editor's note: Subsection (4) provided for the repeal of this section, effective
September 1, 2025. (See L. 2023, p. 721.)
40-3.2-105. Reporting requirement. (Repealed)
Source: L. 2007: Entire section added, p. 984, � 3, effective May 22. L. 2017:
Entire section repealed, (SB 17-044), ch. 4, p. 8, � 6, effective August 9.
40-3.2-105.5. Labor standards for gas DSM projects. (1) This section
applies to all necessary plumbing, mechanical, and electrical work performed in connection with a project undertaken pursuant to a gas DSM program under this article 3.2 and for which a customer of an investor-owned utility applies for a rebate directly from the utility.
(2) When practicable, the utility may assign its own employees to perform
the work, subject to state licensing requirements and all applicable state and local rules, codes, and standards.
(3) (a) The utility shall make use of a list, referred to in this section as the
certified contractor list, containing the names and contact information of:
(I) Qualified contractors that participate in apprenticeship programs that:
(A) Are registered with the United States department of labor's office of
apprenticeship or with a state apprenticeship agency recognized by the United States department of labor; and
(B) Have been providing training for at least six months; and
(II) Qualified mechanical, electrical, and plumbing contractors that
participate in apprenticeship programs meeting the standards specified in section 24-92-115 (1)(a)(II).
(b) The Colorado department of labor and employment shall oversee the
compilation of the certified contractor list through one of the following methods:
(I) Directing the state apprenticeship agency recognized by the United
States department of labor, if available, to assemble the information; or
(II) Establish an application process whereby contractors would apply for
inclusion in the list and provide evidence, in a form satisfactory to the department, that each applicant meets the criteria set forth in subsection (3)(a) of this section.
(c) The utility shall publish the certified contractor list on its website and
include or reference the list in all of the utility's relevant marketing material for gas DSM programs.
(d) In addition to the certified contractor list, each investor-owned gas utility
shall require its residential customers to use licensed plumbing and electrical contractors that perform the type of work appropriate to residential gas DSM installations for participation in gas DSM programs where a rebate is paid directly to the customer after the installation is complete and the customer uses a contractor.
(4) The following requirements apply to gas DSM projects in new or existing
buildings:
(a) For plumbing, mechanical, or electrical projects undertaken by a
commercial or industrial customer in a building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the customer as part of a gas DSM program, the utility shall condition payment of the rebate on the customer's exclusive use of contractors from the certified contractor list unless the work is done by employees of the utility.
(b) (I) For plumbing, mechanical, or electrical projects that involve energy
efficiency improvements to central building systems in a multifamily building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a gas DSM program, the utility shall condition payment of the rebate on the building owner's exclusive use of contractors that participate in apprenticeship programs registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by the United States department of labor for any necessary plumbing or electrical work. If the contractor chosen by the customer is not on the certified contractor list, the utility shall require another method of verifying compliance with this subsection (4)(b).
(II) This subsection (4)(b) does not apply to a gas DSM project that is limited
to in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.
(5) (a) For a plumbing, mechanical, or electrical project in a new or existing
industrial, commercial, or multifamily residential building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a gas DSM program, a utility shall not issue any rebates or incentives unless the lead general contractor performing the work for the project signs a notarized affidavit under penalty of perjury stating that all of the requirements of this section have been met and provides the signed affidavit to the sponsoring utility. The affidavit must:
(I) Identify the contractors or subcontractors that will be used for all
mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;
(II) Certify that all firms identified participate in apprenticeship programs
registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor and have a proven record of graduating apprentices as follows:
(A) Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen
percent of its apprentices for at least three of the past five years;
(B) Beginning July 1, 2026, through June 30, 2031, a minimum of twenty
percent of its apprentices for at least three of the past five years; and
(C) Beginning July 1, 2031, and each year thereafter, a minimum of thirty
percent of its apprentices for at least three of the past five years; and
(III) Supply supporting documentation from the United States department of
labor's office of apprenticeship or state apprenticeship agency verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.
(b) The utility must maintain a database of the information contained in the
affidavit for each project awarded a rebate or incentive.
(c) This subsection (5) does not apply to a gas DSM program that is limited to
in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.
(6) (a) To ensure compliance with the requirements of subsection (5) of this
section, the general contractor or other firm to which the contract is awarded must agree to provide additional documentation to the participating utility offering the rebate or incentive regarding the requirements for affected apprenticeship training programs specified in subsection (5)(a) of this section.
(b) If the utility offering the rebate or incentive determines that a
mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented its qualifications as required to comply with this section in the contract, the utility shall direct the contractor to terminate the subcontractor contract immediately, and the subcontractor shall immediately be removed from the public project. The utility may also debar the offending subcontractors from future participation in rebates or incentive programs established under this section.
(c) If, after issuing a rebate or incentive pursuant to this section, a utility
determines that a contractor or subcontractor has willfully violated any requirement of this section, the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.
(d) A utility must maintain a list of contractors and subcontractors that have
willfully falsified documentation or willfully misrepresented their qualifications or that are debarred from receiving future rebates or incentives and make that list available to their customers on its website.
(7) (a) The utility that offers the rebate or incentive pursuant to this section
must establish periodic audits of the qualifying rebates that represent the highest two percent of rebates issued by dollar amount at least every three years to ensure that the contractors or subcontractors maintain compliance with this section.
(b) If the audit determines that there were willful violations of this section,
the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.
Source: L. 2021: Entire section added, (HB 21-1238), ch. 330, p. 2135, � 5,
effective September 7. L. 2023: (3)(a)(I)(A), (3)(b)(I), and (4)(b)(I) amended, (SB 23-051), ch. 37, p. 151, � 36, effective March 23; (5), (6), and (7) added, (SB 23-292), ch. 247, p. 1362, � 7, effective January 1, 2024.
Cross references: For the legislative declaration in HB 21-1238, see section 1
of chapter 330, Session Laws of Colorado 2021.
40-3.2-105.6. Labor standards for beneficial electrification projects. (1)
This section applies to all necessary mechanical, plumbing, and electrical work performed in connection with a project undertaken pursuant to a beneficial electrification program under this article 3.2 and for which a customer of an investor-owned electric utility applies for a rebate directly from the utility.
(2) When practicable, the utility may assign its own employees to perform
the work, subject to state licensing requirements and all applicable state and local rules, codes, and standards.
(3) (a) The utility shall obtain from the Colorado department of labor and
employment and shall make use of a list, referred to in this section as the certified contractor list, containing the names and contact information of:
(I) Qualified contractors that participate in apprenticeship programs that are
registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by the United States department of labor; and
(II) Qualified mechanical, electrical, and plumbing contractors that meet the
graduation standards specified in section 24-92-115 (1)(a)(II).
(b) The utility shall publish the certified contractor list on its website and
include or reference the list in all of the utility's relevant marketing material for beneficial electrification programs.
(c) As a condition for customer participation in beneficial electrification
programs where a rebate is paid directly to the customer after installation is complete, each investor-owned electric utility shall require its residential customers to verify that they used licensed electricians and plumbers or properly supervised apprentices on all plumbing and electrical work performed by a contractor on residential installations that qualify for a beneficial electrification rebate.
(4) The following requirements apply to beneficial electrification projects in
new or existing industrial, commercial, or multifamily residential buildings:
(a) For plumbing, mechanical, or electrical projects undertaken by a
commercial or industrial customer in a building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the customer as part of a beneficial electrification program, the utility shall condition payment of the rebate on the customer's exclusive use of contractors from the certified contractor list unless the work is done by employees of the utility.
(b) (I) For plumbing, mechanical, or electrical projects that involve the
beneficial electrification of central building systems in a multifamily building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of a beneficial electrification program, the utility shall condition payment of the rebate on the building owner's exclusive use of contractors that participate in apprenticeship programs registered with the United States department of labor's office of apprenticeship or with a state apprenticeship agency recognized by the United States department of labor for any necessary plumbing or electrical work. If the contractor chosen by the building owner is not on the certified contractor list, the utility shall require another method of verifying compliance with this subsection (4)(b).
(II) This subsection (4)(b) does not apply to a beneficial electrification project
that is limited to in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.
(5) (a) For a beneficial electrification project in a new or existing industrial,
commercial, or multifamily residential building that contains twenty thousand square feet or more of conditioned floor space and for which a rebate is to be provided directly to the building owner as part of the beneficial electrification program, a utility shall not issue any rebates or incentives unless the lead general contractor performing the work for the project signs a notarized affidavit under penalty of perjury stating that all of the requirements of this section have been met and provides the signed affidavit to the sponsoring utility. The affidavit must:
(I) Identify the contractors or subcontractors that will be used for all
mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;
(II) Certify that all firms identified participate in apprenticeship programs
registered with the United States department of labor's office of apprenticeship or state apprenticeship agencies recognized by the United States department of labor and have a proven record of graduating apprentices as follows:
(A) Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen
percent of its apprentices for at least three of the past five years;
(B) Beginning July 1, 2026, through June 30, 2031, a minimum of twenty
percent of its apprentices for at least three of the past five years; and
(C) Beginning July 1, 2031, and each year thereafter, a minimum of thirty
percent of its apprentices for at least three of the past five years; and
(III) Supply supporting documentation from the United States department of
labor's office of apprenticeship or state apprenticeship agency verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.
(b) The utility must maintain a database of the information contained in the
affidavit for each project awarded a rebate or incentive.
(c) This subsection (5) does not apply to a beneficial electrification project
that is limited to in-unit work in a multifamily building, as undertaken by the owner or tenant of the multifamily building or unit.
(6) (a) To ensure compliance with the requirements of subsection (5) of this
section, the general contractor or other firm to which the contract is awarded must agree to provide additional documentation to the participating utility offering the rebate or incentive regarding the requirements for affected apprenticeship training programs specified in subsection (5)(a) of this section.
(b) If the utility offering the rebate or incentive determines that a
mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented its qualifications as required to comply with this section in the contract, the utility shall direct the contractor to terminate the subcontractor contract immediately, and the subcontractor must immediately be removed from the public project. The utility may debar the offending subcontractors from future participation in rebate or incentive programs established under this section.
(c) If, after issuing a rebate or incentive pursuant to this section, a utility
determines that a contractor or subcontractor has willfully violated any requirement of this section, the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.
(d) A utility shall maintain a list of contractors and subcontractors that have
willfully falsified documentation or willfully misrepresented their qualifications or that are debarred from receiving future rebates or incentives and make that list available to their customers on its website.
(7) (a) The utility that offers the rebate or incentive pursuant to this section
must establish periodic audits of the qualifying rebates that represent the highest two percent of rebates issued by dollar amount at least every three years to ensure that the contractors or subcontractors maintain compliance with this section.
(b) If the audit determines that there were willful violations of this section,
the utility may demand a full refund of the rebate or incentive with reasonable penalties and interest and may pursue any remedy provided by law.
Source: L. 2021: Entire section added, (SB 21-246), ch. 283, p. 1677, � 5,
effective September 7. L. 2023: (3)(a)(I) and (4)(b)(I) amended, (SB 23-051), ch. 37, p. 152, � 37, effective March 23; (5), (6), and (7) added, (SB 23-292), ch. 247, p. 1364, � 8, effective January 1, 2024.
Cross references: For the legislative declaration in SB 21-246, see section 1
of chapter 283, Session Laws of Colorado 2021.
40-3.2-105.7. Labor standards for state thermal energy network and
thermal energy system projects - definitions. (1) Any thermal energy network or thermal energy system project that an agency of government or a state institution of higher education procures and that is a public project must comply with:
(a) The apprenticeship utilization requirements set forth in section 24-92-115
if the estimated contract cost for the public project is one million dollars or more; and
(b) Part 2 of article 92 of title 24 concerning prevailing wages for public
projects if the estimated contract cost for the public project is five hundred thousand dollars or more.
(2) Any thermal energy network or thermal energy system plumbing and
electrical work performed in the state shall:
(a) Be performed by licensed plumbers, licensed electricians, or supervised
apprentices at a ratio no greater than three apprentices for each licensed master or journeyworker plumber or master or journeyman electrician, as required pursuant to section 12-115-115 (1) or 12-155-124 (1); and
(b) Be installed in compliance with
C.R.S. § 40-42-107
40-42-107. Labor standards - apprenticeship - supervision. (1) The authority shall ensure that, in any construction, expansion, renovation, rebuilding, reconditioning, or maintenance of facilities undertaken in Colorado pursuant to this article 42, all labor is performed either by the employees of an electric utility, by qualified contractors, or by both, and that, except as otherwise provided in subsection (3) of this section, an electric utility does not use a contractor unless:
(a) The contractor is chosen from a list of qualified contractors prepared and
updated, at least annually, by the department of labor and employment; and
(b) The contractor's employees have access to an apprenticeship program
registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office and meeting the additional criteria specified in subsection (2) of this section; except that this apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the facilities;
(II) Management functions to operate the facilities; or
(III) Any work performed in response to a warranty claim.
(2) To qualify pursuant to subsection (1) of this section, an apprenticeship
program must certify to the entity commissioning the work that:
(a) Its curriculum includes requirements for completion of:
(I) At least seven thousand hours of on-the-job training to achieve
journeymen lineman status, with at least six hundred fifty of those hours spent working on energized power lines at voltages of at least six hundred volts; and
(II) A class in electric transmission and distribution offered by the federal
occupational safety and health administration and comprising content substantially equivalent to that of the OSHA 10 class offered during calendar year 2021; and
(b) Supervision of apprentices meets the following standards:
(I) Apprentices must work under the supervision of a journeyman lineman at
all times;
(II) The ratio of apprentices to journeyman linemen does not exceed four to
one when working on a transmission line or other equipment that is not energized; and
(III) The ratio of apprentices to journeyman linemen does not exceed two to
one when working on a transmission line or other equipment that is energized.
(3) The request for proposal for any contract work on facilities subject to this
section must be submitted to the list of qualified contractors described in subsection (1)(a) of this section for at least sixty days. If none of the contractors on the list submits a qualifying bid within sixty days, then the entity procuring the work may solicit bids from contractors who are not on the list but otherwise qualify under the terms of the request for proposal so long as those terms include compliance with all applicable laws and regulations related to safety.
(4) Any project for the construction, expansion, or maintenance of facilities
undertaken in Colorado pursuant to this article 42 that is an energy sector public works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.
Source: L. 2023: IP(1)(b) amended, (SB 23-051), ch. 37, p. 153, � 39, effective
March 23; IP(1) amended, (SB 23-016), ch. 165, p. 748, � 24, effective August 7; (4) added, (SB 23-292), ch. 247, p. 1366, � 11, effective January 1, 2024.
C.R.S. § 40-5-107
40-5-107. Electric vehicle programs - service connection cost recovery - definitions - repeal. (1) (a) No later than May 15, 2020, and on or before May 15 every three years thereafter, an electric public utility shall file with the commission an application for a program for regulated activities to support widespread transportation electrification within the area covered by the utility's certificate of public convenience and necessity.
(b) To comply with this subsection (1), an application must seek to minimize
overall costs and maximize overall benefits and may include:
(I) Investments or incentives to facilitate the deployment of customer-owned
or utility-owned charging infrastructure, including charging facilities, make-ready infrastructure, and associated electrical equipment that support transportation electrification;
(II) Investments or incentives to facilitate the electrification of public transit
and other vehicle fleets;
(III) Rate designs, or programs that encourage vehicle charging that
supports the operation of the electric grid; and
(IV) Customer education, outreach, and incentive programs that increase
awareness of the programs and of the benefits of transportation electrification and encourage greater adoption of electric vehicles.
(2) When considering transportation electrification programs and
determining cost recovery for investments and other expenditures related to programs proposed by an electric public utility under subsection (1) of this section, the commission shall consider whether the investments and other expenditures are:
(a) Reasonably expected to improve the use of the electric grid, including
improved integration of renewable energy;
(b) Reasonably expected to increase access to the use of electricity as a
transportation fuel;
(c) Designed to ensure system safety and reliability;
(d) (I) Reasonably expected to contribute to meeting air quality standards,
improving air quality in communities most affected by emissions from the transportation sector, and reducing statewide emissions of greenhouse gases by forty percent below 2005 levels by 2030 and eighty percent below 2005 levels by 2050.
(II) This subsection (2)(d) is repealed, effective July 1, 2031.
(e) Reasonably expected to stimulate innovation, competition, and increased
consumer choices in electric vehicle charging and related infrastructure and services; attract private capital investments; and utilize high-quality jobs and skilled worker training programs;
(f) Transparent, incorporating public reporting requirements to inform design
and commission policy; and
(g) Reasonably expected to provide access for low-income customers, in the
totality of the utility's transportation electrification programs, which may include community-based and multi-family charging infrastructure, car share programs, and electrification of public transit, while giving due consideration to the affect on low-income customers.
(2.5) An electric public utility may recover its prudently incurred costs to
facilitate a timely electric vehicle charging service connection, which costs may include the costs of equipment that the electric public utility procures for future upgrades needed to provide service connections for electric vehicle charging. An electric public utility may recover the costs of any such equipment inventory as capital work in progress if the inventory is projected to be used within three years of its procurement and with a return at the most recently authorized weighted average cost of capital.
(3) (a) Electric vehicle infrastructure electrical work on the customer side of
the utility meter, including the installation of the charging station apparatus and related hardware, must:
(I) Be performed by a licensed master electrician, licensed journeyman
electrician, licensed residential wireman, or properly supervised electrical apprentice as each term is defined in section 12-115-103; and
(II) Comply with article 115 of title 12, including sections 12-115-109 and 12-115-115, and all applicable rules of the state electrical board.
(b) For all electric vehicle infrastructure or charging stations owned by the
utility, the utility shall use utility employees or qualified contractors if the contractors' employees have access to an apprenticeship program as defined in section 8-83-308 (3)(a). This apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the infrastructure;
(II) Management functions to operate the infrastructure; or
(III) Any work included in a warranty.
(c) An electric vehicle infrastructure project that is an energy sector public
works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.
(4) As used in this section, unless the context otherwise requires:
(a) Industry means either one or more individual employers or an industry
association.
(b) (I) Skilled worker training program means an accredited educational,
occupational education, as defined in section 23-60-103 (2), apprenticeship, or similar training program that:
(A) Trains or retrains individuals to perform a skill that is needed in the
workforce; and
(B) Awards an industry- or state-recognized certificate, credential, associate
degree, professional license, or similar evidence of achievement upon completion of the program.
(II) Skilled worker training program does not include an educational
program that awards a bachelor's or higher degree upon completion of the program.
Source: L. 2019: Entire section added, (SB 19-077), ch. 383, p. 3435, � 4,
effective May 31. L. 2020: (2)(e) and IP(3)(b) amended and (4) added, (HB 20-1395), ch. 137, p. 594, � 7, effective June 26. L. 2023: (2.5) added, (SB 23-016), ch. 165, p. 746, � 19, effective August 7; (3)(c) added, (SB 23-292), ch. 247, p. 1366, � 10, effective January 1, 2024.
Cross references: For the legislative declaration in SB 19-077, see section 1
of chapter 383, Session Laws of Colorado 2019.
C.R.S. § 40-6-107
40-6-107. Production of documents - transparency in planning for future acquisitions - rules. (1) The commission may require, by order served on any public utility in the manner provided in section 40-6-102 for the service of orders, the production within this state at such time and place as it may designate of any records and documents kept by the public utility in any office or place outside of this state, or, at its option, verified copies in lieu thereof, so that an examination of the records or documents may be made by the commission or under its direction.
(2) (a) To ensure transparency in the acquisition of power generation
resources for the benefit of Colorado ratepayers and to promote fairness in electric utility competitive bidding processes, the commission shall, within ninety days after March 29, 2011, commence a rule-making proceeding to adopt rules, applicable after March 29, 2011, to require an investor-owned electric utility that is evaluating or has evaluated an existing or proposed electric generating facility as a potential resource, whether in connection with a commission proceeding or otherwise, to provide the owner or developer of the generating facility, upon request, with reasonable and timely access to the modeling inputs and assumptions that were used by the investor-owned public utility to evaluate the facility and that reasonably relate to that facility or to the transmission of electricity from that facility to the investor-owned public utility. Bidders in a competitive electric resource bidding process shall be permitted access to those modeling inputs and assumptions, as the modeling inputs and assumptions apply to the bidders' particular facility, in time to ensure that errors or omissions may be corrected before the competitive bidding process is completed. If it is determined that an error or omission, as defined by commission rule-making, exists in the investor-owned public utility's modeling, the commission shall require the investor-owned public utility to perform additional modeling to confirm that electric generating facilities are fairly and accurately represented in the results of any computer modeling performed by the investor-owned public utility.
(b) In any commission proceeding regarding electric resource planning or
otherwise relating to the acquisition of, contracting for, or retirement of electric generation facilities, the commission shall establish procedures regarding the designation and approval of information as highly confidential that protect the public interest and assure that ratepayers receive the benefits of competition and transparency while protecting the trade secrets of computer modeling software producers, independent bidders, and the investor-owned public utility.
Source: L. 13: p. 493, � 44. C.L. � 2953. CSA: C. 137, � 44. CRS 53: � 115-6-7.
C.R.S. 1963: � 115-6-7. L. 69: p. 943, � 39. L. 2011: Entire section amended, (HB 11-1262), ch. 75, p. 206, � 1, effective March 29.
Cross references: For service of orders, see Rule 4(d), Colorado rules of civil
procedure.
C.R.S. § 40-7-118
40-7-118. Legal services offset fund - creation - exemption from maximum reserve. (1) (a) The legal services offset fund is hereby created in the state treasury. The fund consists of the civil penalties that are collected and credited to the fund pursuant to section 40-7-112 (1)(b) for violations of article 10.1 of this title 40 or commission rules promulgated pursuant to article 10.1 of this title 40. The money in the fund is continuously appropriated to the department of regulatory agencies for use to offset the costs of legal representation of the staff of the commission in proceedings before the commission concerning the enforcement of article 10.1 of this title 40. The department of regulatory agencies shall use the money in the legal services offset fund to support appropriations made to the department that are used for legal representation of the staff of the commission in proceedings concerning the enforcement of article 10.1 of this title 40.
(b) The money in the fund and any interest earned on money in the fund at
the end of any fiscal year remains in the fund and shall not be transferred to the general fund or any other fund; except that, if the balance in the fund exceeds two hundred fifty thousand dollars, the state treasurer shall transfer the money in excess of two hundred fifty thousand dollars to the general fund.
(2) In accordance with section 24-75-402 (2)(a) and for each fiscal year, the
alternative maximum reserve for the legal services offset fund is two hundred fifty thousand dollars.
Source: L. 2017: Entire section added, (SB 17-180), ch. 281, p. 1532, � 3,
effective August 9. L. 2019: (1)(a) amended, (SB 19-236), ch. 359, p. 3312, � 18, effective May 30.
ARTICLE 7.5
Civil Remedies Available to Utilities
40-7.5-101. Definitions. As used in this article, unless the context otherwise
requires:
(1) Bypassing means the act of attaching, connecting, or in any manner
affixing any wire, cord, socket, motor, pipe, or other instrument, device, or contrivance to the utility supply system or any part thereof in such a manner as to transmit, supply, or use any utility service without passing through an authorized meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed.
(2) Customer means the person responsible for payment for utility services
for the premises, and such term includes employees and agents of the customer.
(3) Person means any individual, firm, partnership, corporation, company,
association, joint-stock association, or other legal entity.
(4) Tampering means the act of damaging, altering, adjusting, or in any
manner interfering with or obstructing the action or operation of any meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed.
(5) Unauthorized metering means the act of removing, moving, installing,
connecting, reconnecting, or disconnecting any meter or metering device for utility service by a person other than an authorized contractor, employee, or agent of such utility.
(6) Utility means any pipeline corporation, gas corporation, electrical
corporation, water corporation, irrigation system, cooperative association, nonprofit corporation, nonprofit association, municipality, or person operating in whole or in part for the purpose of supplying electricity, gas, steam, or water, or any combination thereof, to the public or to any person.
(7) Utility service means the provision of electricity, gas, steam, water, or
any other service or commodity furnished by the utility for compensation.
(8) Utility supply system includes all wires, conduits, pipes, cords, sockets,
motors, meters, instruments, and other devices whatsoever used by the utility for the purpose of providing utility services.
Source: L. 83: Entire article added, p. 1564, � 1, effective July 1.
40-7.5-102. Civil action allowed. (1) A utility may bring a civil action for
damages against any person who commits, authorizes, solicits, aids, abets, or attempts any of the following acts resulting in damages to the utility: Bypassing, tampering, or unauthorized metering. In addition, a utility may bring a civil action for damages pursuant to this section against any person who knowingly receives utility service through means of bypassing, tampering, or unauthorized metering. An action brought pursuant to this section shall be commenced within three years after the cause of action accrues.
(2) In any civil action brought pursuant to this section, the utility shall be
entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages three times the amount of the actual damages, if any, plus all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering, including, but not limited to, costs and expenses for investigation, disconnection, reconnection, service calls, employees and equipment, and expert witnesses; costs of the suit; and reasonable attorney fees.
Source: L. 83: Entire article added, p. 1565, � 1, effective July 1.
40-7.5-103. Presumptions. (1) There is a rebuttable presumption that a
tenant or occupant of any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant had controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and if said tenant or occupant was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services provided for the premises.
(2) There is a rebuttable presumption that a utility customer at any premises
where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the customer had controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist.
(3) The presumptions provided in this section shall only shift the burden of
going forward with evidence and shall in no event shift the burden of proof to the defendant in any action brought pursuant to this article.
Source: L. 83: Entire article added, p. 1565, � 1, effective July 1.
40-7.5-104. Remedies cumulative. It is the purpose of this article to provide
additional remedies to avoid the wrongful use of the facilities of utilities, and nothing in this article shall abridge or alter rights of action or remedies existing prior to July 1, 1983, or created on or after said date.
Source: L. 83: Entire article added, p. 1566, � 1, effective July 1.
ARTICLE 8
Unclaimed Funds for Overcharges
C.R.S. § 40-9-110
40-9-110. Railroad freight transport - number of crew members required - penalty - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that it is in the public interest to require that a common carrier engaged in the transportation of freight by railroad have multiple crew members aboard a railroad train or light engine in order to help ensure the public safety of citizens of this state and the safety of the state's waterways and natural environment.
(2) A railroad train or light engine operated in connection with carrying
freight must have at least two crew members aboard while the railroad train or light engine is moving.
(3) Subsection (2) of this section does not apply to:
(a) Helper service;
(b) Trains that are used primarily for the purpose of transporting people from
one location to another or are used for tourism purposes such as scenic, historic, or excursion rides;
(c) A locomotive or group of locomotives that are traveling no more than
thirty miles per hour outside of a rail yard and are attached only to a caboose;
(d) Hostler service; and
(e) The movement of a train for the purpose of loading or unloading freight
so long as the train is moving no more than ten miles per hour.
(4) A person who willfully violates subsection (2) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of:
(a) Not less than two hundred fifty dollars nor more than one thousand
dollars for a first offense;
(b) Not less than one thousand dollars nor more than five thousand dollars
for a second offense committed within three years; or
(c) Not less than five thousand dollars nor more than ten thousand dollars for
a third or subsequent offense committed within three years.
(5) As used in this section:
(a) (I) Crew member means an employee of the common carrier involved in
the operation of a railroad train or light engine.
(II) Crew member does not include a hostler service or utility employee or
contractor of the carrier.
(b) (I) Helper service means the use of a locomotive or a group of
locomotives to assist another train that is experiencing mechanical failure or lacks the power to traverse difficult terrain.
(II) Helper service includes the travel to or from a location where the
assistance is provided.
(c) Hostler service means the movement of locomotives that are not
attached to rail cars within a rail yard.
Source: L. 2019: Entire section added, (HB 19-1034), ch. 45, p. 152, � 2,
effective July 1.
ARTICLE 9.5
Cooperative Electric Associations
PART 1
GENERALLY
40-9.5-101. Legislative declaration. The general assembly hereby finds and
declares that cooperative electric associations which are owned by the member-consumers they serve are regulated by the member-consumers themselves acting through an elected governing body. It is further declared that the regulation by the public utilities commission under the Public Utilities Law, articles 1 to 7 of this title, may be duplicative of the self-regulation by the association and may be neither necessary nor cost-effective. It is therefore the purpose of this part 1 to determine the necessity of regulation by the public utilities commission by allowing cooperative electric associations to exempt themselves from regulation by the public utilities commission.
Source: L. 83: Entire article added, p. 1567, � 1, effective July 1. L. 86: Entire
section amended, p. 1162, � 3, effective May 27.
40-9.5-102. Definitions. As used in this part 1, unless the context otherwise
requires:
(1) Cooperative electric association or association includes a nonprofit
electric corporation or association but does not include nonprofit generation and transmission electric corporations or associations.
(2) Joint membership means a membership in a cooperative electric
association in which more than one individual is treated as a single member of the cooperative electric association in accordance with the cooperative electric association's bylaws. Each individual in a joint membership is a joint member.
Source: L. 83: Entire article added, p. 1567, � 1, effective July 1. L. 86: Entire
section amended, p. 1162, � 4, effective May 27. L. 2021: Entire section amended, (HB 21-1131), ch. 65, p. 261, � 1, effective September 7.
40-9.5-103. Exemption from Public Utilities Law. Except as otherwise
provided in this part 1, the provisions of the Public Utilities Law, articles 1 to 7 of this title, shall not apply to cooperative electric associations which have, by an affirmative vote of the members and consumers pursuant to section 40-9.5-104, voted to exempt themselves from such provisions and to be subject to the provisions of this part 1. The period of exemption shall begin on the date the election results are filed with the public utilities commission.
Source: L. 83: Entire article added, p. 1567, � 1, effective July 1. L. 86: Entire
section amended, p. 1162, � 5, effective May 27.
40-9.5-104. Procedure for exemption - election. (1) (a) The board of
directors of each cooperative electric association may, at its option, submit the question of its exemption from the Public Utilities Law, articles 1 to 7 of this title, to its members and its consumers. Approval by a majority of those voting in the election shall be required for such exemption.
(b) The board of directors of the cooperative electric association shall be
responsible for mailing the ballots to all members and consumers of the association, for counting the returned ballots, and for determining the result of the election and shall also be responsible for insuring that the election is not held in a dishonest, corrupt, or fraudulent manner. The ballot shall contain the following language:
Shall ...... (name of the cooperative electric association) be exempt from
regulation by the public utilities commission of the state of Colorado?
( ) Yes ( ) No
(c) The ballot must be postmarked or returned in an envelope accompanying
the ballot with return postage paid within thirty days after it was mailed to the member or consumer.
(d) The results of the election held pursuant to this subsection (1) shall be
certified by the secretary of the board of directors of the cooperative electric association no later than sixty days after the ballots are mailed to the members and consumers, and said secretary shall file the results with the director of the public utilities commission.
(2) Upon an affirmative vote of the members and consumers of the
cooperative electric association on the question of exempting said association, the association shall be exempt from the Public Utilities Law, articles 1 to 7 of this title, beginning on the date the election results are filed with the public utilities commission.
Source: L. 83: Entire article added, p. 1568, � 1, effective July 1. L. 85: (1)(a)
amended, p. 1299, � 1, effective May 31. L. 2003: (1)(d) amended, p. 1707, � 23, effective May 14.
40-9.5-105. Certificate of public convenience and necessity. (1) A
certificate of public convenience and necessity issued by the public utilities commission prior to July 1, 1983, assigning specific service territories to a cooperative electric association shall remain in full force and effect and shall be subject to such rights and limitations as other certificates of public convenience and necessity held by other electric public utilities subject to regulation of the public utilities commission.
(2) After giving simultaneous notice by certified mail to other electric public
utilities serving areas adjacent to an unserved, uncertificated territory and to the public utilities commission of its intent to extend service, a cooperative electric association shall have the right to extend service into such unserved, uncertificated territory unless the public utilities commission receives a complaint concerning such extension. Such complaint must be received by the commission no later than thirty days following the commission's receipt of the notice of extension. Upon the filing of a complaint, the commission shall determine whether to issue a certificate of public convenience and necessity authorizing such extension.
(3) Whenever the public utilities commission, after a hearing upon complaint,
finds that an electric public utility, including a cooperative electric association, is unwilling or unable to serve an existing or newly developing load within its certificated territory and that the public convenience and necessity requires a change, said commission may, in its discretion, delete from the certificate of said public utility or association that portion of said territory which the public utility or association is unwilling or unable to serve and incorporate said territory into the certificated territory of another electric public utility, including another cooperative electric association, upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.
(4) Upon complaint filed by an electric public utility, including a cooperative
electric association, the public utilities commission shall determine whether any construction or extension made or proposed to be made by another such public utility or association will interfere with or duplicate the line, plant, system, or service of the complainant, in which event the public utilities commission may make such order prohibiting such construction or extension or prescribing the terms and conditions thereof as to it may seem just and reasonable.
(5) The provisions of articles 6 and 7 of this title shall apply to any
proceeding of the public utilities commission required by this section.
(6) Except as otherwise provided in this part 1, the enactment of this part 1
shall neither enlarge nor diminish the rights and obligations of electric public utilities, including cooperative electric associations, under certificates of public convenience and necessity issued by the public utilities commission. Nothing in this part 1 shall enlarge or diminish the respective rights and obligations of electric public utilities, including cooperative electric associations, or municipalities under franchise or other contractual agreements.
Source: L. 83: Entire article added, p. 1568, � 1, effective July 1. L. 85: (2)
amended, p. 1301, � 3, effective April 5. L. 86: (6) amended, p. 1162, � 6, effective May 27.
40-9.5-106. Prohibited acts. (1) No cooperative electric association shall
make a change in any rate charged for electric service or in any rule or regulation in connection therewith unless such association shall provide public notice of such proposed change at least thirty days prior to the day the proposed change is to take effect.
(2) No cooperative electric association, as to rates, charges, service, or
facilities or as to any other matter, shall make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No cooperative electric association shall establish or maintain any unreasonable difference as to rates, charges, service, or facilities or as to any other matter, either between localities or between any class of service. Notwithstanding section 40-6-108 (1)(b), any complaint arising out of this subsection (2) signed by one or more customers of such association shall be resolved by the public utilities commission in accordance with the hearing and enforcement procedures established in articles 6 and 7 of this title. A cooperative electric association may approve any reasonable rate, charge, service, classification, or facility that establishes a graduated rate for increased energy consumption, for energy conservation and energy efficiency purposes, by residential customers that is revenue-neutral for the class, where revenue includes margins, expenses, riders, or charges as approved by the cooperative electric association. The implementation of such rate, charge, service, classification, or facility by a cooperative electric association shall not be deemed to subject any person or corporation to any prejudice, disadvantage, or undue discrimination. In adopting such rate, a cooperative electric association shall give due consideration to the impact of such rates on low-income customers. A cooperative electric association may utilize a community energy fund as contemplated by sections 40-2-127 and 40-2-127.5 for energy efficiency, energy conservation, weatherization, and renewable energy purposes. A cooperative electric association shall not apply such rate to consumers that have single meters that record energy consumption for combined residential and agricultural uses.
(3) No rates, charges, rules, or regulations of a cooperative electric
association shall be unjust or unreasonable. Any complaint under this subsection (3) shall be resolved by the public utilities commission in accordance with the hearing and enforcement procedures established in articles 6 and 7 of this title if the complaint alleging a violation is signed by the mayor, the president or chairman of the board of trustees, or a majority of the council, commission, or other legislative body of an affected county, city and county, city, or town, an affected public utility, or any one or more affected entities constituting a separate rate class of the association or is signed by not less than twenty-five customers or prospective customers of such association.
Source: L. 83: Entire article added, p. 1569, � 1, effective July 1. L. 2009: (2)
amended, (SB 09-039), ch. 175, p. 777, � 2, effective August 5. L. 2022: (2) amended, (SB 22-118), ch. 335, p. 2380, � 16, effective August 10.
40-9.5-107. Duties of cooperative electric associations. (1) Cooperative
electric associations shall provide reasonably continuous and adequate electric utility service to all members and consumers within their certificated service areas.
(2) Cooperative electric associations shall provide and maintain reasonably
adequate facilities for the provision of electric utility service within their certificated service areas.
(3) All cooperative electric associations shall cooperate with each other and
with other electric utilities in avoiding unnecessary construction of facilities and cooperate in the joint use of facilities for generation, transmission, and distribution of electric energy.
(4) Cooperative electric associations shall construct and maintain their
facilities in a careful and safe fashion so as to minimize hazards to either persons or property.
(5) Cooperative electric associations shall continue to file with the public
utilities commission those items required by sections 40-2-111, 40-3-110, and 40-5-106 (2) and shall comply with section 40-2-124 (3) and (4). The records and accounts of cooperative electric associations shall be kept in accordance with procedures established by the commission pursuant to section 40-4-111.
(6) If a cooperative electric association has an immediate shutoff policy,
such association shall have provisions for an immediate appeal of such policy to the board of directors.
(7) The board of directors of a cooperative electric association shall adopt all
necessary rules and regulations to comply with the provisions of this part 1.
(8) Any conflict arising out of this section shall be resolved by the public
utilities commission in accordance with the hearing procedures established in article 6 of this title.
Source: L. 83: Entire article added, p. 1570, � 1, effective July 1. L. 86: (7)
amended, p. 1162, � 7, effective May 27; (5) amended, p. 1223, � 38, effective May 30. L. 2005: (5) amended, p. 239, � 3, effective August 8.
40-9.5-108. Public meetings - definition. (1) All meetings of a cooperative
electric association are declared to be open meetings and open to the members, consumers, and news media at all times; but such association, by a two-thirds affirmative vote of the board members present, may go into executive session for consideration of documents or testimony given in confidence, but such association shall not make final policy decisions or adopt or approve any resolution, rule, regulation, or formal action, any contract, or any action calling for the payment of money at any session which is closed to the members, consumers, and news media.
(1.5) All meetings of a generation and transmission association are declared
to be open meetings and open to the members, consumers, and news media at all times; but such association, by a two-thirds affirmative vote of the board members present, may go into executive session for consideration of documents or testimony given in confidence.
(2) (a) Before a board of directors convenes in executive session pursuant to
subsection (1) or (1.5) of this section, the board shall announce the general topic of the executive session.
(b) At every regular meeting of the board of directors of an association or a
generation and transmission association, members of the association shall be given an opportunity to address the board on any matter concerning the policies and business of the association. The board may place reasonable, viewpoint-neutral restrictions on the amount and duration of public comment.
(c) Written minutes shall be made of all meetings of the board of directors of
an association or a generation and transmission association. The minutes shall be posted on the website of the association or generation and transmission association as soon as they have been approved and shall remain posted until at least six months after the date of the meeting. Upon request by a member of the board, that member's own vote on any issue shall be noted in the minutes.
(3) Any action taken contrary to the provisions of this section shall be null
and void and without force or effect.
(4) As used in this section, generation and transmission association means
a nonprofit generation and transmission electric association that provides wholesale electric service directly to Colorado cooperative electric associations that are its members.
Source: L. 83: Entire article added, p. 1570, � 1, effective July 1. L. 2010: (2)
amended, (HB 10-1098), ch. 424, p. 2194, � 1, effective August 11. L. 2021: (1.5) and (4) added and (2) amended, (HB 21-1131), ch. 65, p. 261, � 2, effective September 7.
40-9.5-108.5. Public posting of documents. (1) Each cooperative electric
association shall post on the association's website the following information:
(a) The association's current rates; and
(b) The association's net metering requirements.
(2) Each cooperative electric association shall keep and make available on
request to a member of the association all financial audits of the association conducted in the last three fiscal years.
Source: L. 2021: Entire section added, (HB 21-1131), ch. 65, p. 262, � 3,
effective September 7.
40-9.5-109. Regulations governing consumer complaints. The board of
directors of each cooperative electric association shall adopt regulations which specify a procedure for members and consumers to register complaints about and be given an opportunity to be heard by the board on the rates charged by such association, the manner in which the electric service is provided, and proposed changes in the rates or regulations. Such regulations may be amended whenever deemed appropriate by the board.
Source: L. 83: Entire article added, p. 1570, � 1, effective July 1. L. 85: Entire
section amended, p. 1299, � 3, effective May 31. L. 93: Entire section amended, p. 2072, � 34, effective July 1.
40-9.5-109.5. Election policy - adoption - publication - contents. (1) The
board of directors of each cooperative electric association shall adopt a written policy governing the election of directors. The association shall post the policy on the association's website, provide notice of the policy at the time a person becomes a member, and provide a copy of the policy to a member upon request. The election policy shall contain true and complete information on the following subjects:
(a) The procedure and timing for a member to become a candidate for the
board of directors and the process by which elections for the board of directors are held;
(b) The qualifications for candidates and requirements for appearing on the
ballot;
(c) The date of the election, which shall be fixed, posted on the association's
website, and otherwise publicized no less than six months before the election;
(d) Who is entitled to vote in an election, including how joint members may
vote; and
(e) How a member may obtain and cast a ballot.
(2) In addition to the requirements of subsection (1) of this section,
information on how to become a candidate and the schedule for elections shall be posted on the association's website and otherwise publicized based on a member's preferred method of communication no less than two months before petitions to become a candidate are due.
(3) The deadline to return ballots shall be posted on the website at least two
months before the deadline and shall remain so posted until after the election.
Source: L. 2010: Entire section added, (HB 10-1098), ch. 424, p. 2194, � 2,
effective August 11. L. 2021: IP(1), (2), and (3) amended and (1)(d) and (1)(e) added, (HB 21-1131), ch. 65, p. 262, � 4, effective September 7.
40-9.5-109.7. Electronic participation - meetings - elections conducted by
mail or electronic means - definition. (1) A cooperative electric association may adopt provisions in its bylaws authorizing members to participate electronically in member meetings of the association.
(2) (a) Notwithstanding section 7-55-110 or any other provision of law to the
contrary, a cooperative electric association may adopt provisions in its bylaws authorizing members to vote electronically in an election of directors of the board or in an election on any matter requiring a vote of the membership. If authorized by its bylaws, the association may establish a secure and verifiable electronic transmission system through which a member may apply for, receive, and return a ballot in an election.
(b) As used in this section, secure and verifiable electronic transmission
system means a system that saves and is capable of producing the records necessary to audit the operation of the electronic transmission, including a paper record of all ballots sent and received.
(3) Notwithstanding section 7-55-119, a member who registers in person or
electronically at any cooperative electric association meeting or who casts a vote through mail ballot or a secure electronic transmission system if authorized by the association's bylaws is considered present in person for the purpose of determining a quorum for action by the membership.
(4) Notwithstanding any other provision of law, a cooperative electric
association may adopt provisions in its bylaws allowing directors on the board of directors to participate and vote electronically in meetings of the board of directors. A meeting of the board of directors that is conducted electronically must allow members of the association an opportunity to address the board in accordance with section 40-9.5-108 (2)(b).
Source: L. 2021: Entire section added, (HB 21-1131), ch. 65, p. 263, � 5,
effective September 7.
40-9.5-110. Board of directors of cooperative electric associations -
nomination - elections. (1) (a) A nomination for director on the board of directors of a cooperative electric association may be made by written petition signed by at least fifteen members of such association, and filed with the board of directors of such association no later than sixty days prior to the date of the election. Any petition so filed shall designate the name of the nominee and the term for which nominated. The name of a nominee shall appear on the ballot if the nominating petition is in apparent conformity with this section as determined by the secretary of the board. Nomination and election of directors by districts, if provided for in the bylaws of the association, shall be permitted.
(b) Each candidate for a position on the board of directors is entitled to
receive a membership list in an electronic format upon receipt and verification of a valid petition. The membership list must include the names and addresses of all members, including all joint members, as they appear in the association's records. Candidates shall use such lists only for purposes of the election and shall return or destroy them immediately after the election.
(c) All board members shall make available to association members some
means for direct contact, whether by telephone, electronic mail, or regular mail. Information on how to contact each board member by one or more of these methods shall be available on the association website.
(2) (a) (I) Each member of the association is entitled to vote in the election of
directors on the board of directors. In the case of a joint membership, any one joint member may cast the vote for the membership. A member may vote in person at a meeting held for such purpose, by mail, or by electronic means if authorized by the association's bylaws. A member who has voted by mail or by electronic means is not entitled to vote at the meeting.
(II) Mail voting must be in writing on ballots provided by the association. The
mail ballot shall be voted by the member, deposited in a return envelope, which must be signed by the voting member, and mailed back to the association or to an independent third party with whom the association has contracted for the storage and counting of ballots in accordance with subsection (2)(c) of this section. For the ballot of a joint membership, the ballot envelope mailed to the joint member must include the name of each eligible voter. Any one of the joint members may cast the ballot. The joint member who casts the ballot shall sign the return envelope.
(III) An association may provide a secrecy sleeve or inner envelope to conceal
the markings on a mail ballot in the return envelope. A mail ballot returned in a signed return envelope but without the markings concealed is nonetheless valid and shall be counted.
(b) The order of names on the ballot shall be determined randomly in a
manner that does not automatically assign the top line to the incumbent.
(c) The board of directors shall, when practicable, arrange for an
independent third party to oversee the storage and counting of ballots. If this is not practicable, then ballots shall be collected and stored in a manner that protects the privacy of their content. All candidates for the board of directors shall be given the opportunity to be present to observe the counting of the ballots; except that, if the association has contracted with an independent third party to collect and count ballots, the ballots must be delivered to the association under seal promptly after the count and, upon the request of any candidate, made available to the candidate for inspection.
(3) Voting for directors on the board of directors by proxy or cumulative
voting is prohibited.
(4) Neither the association nor the board of directors shall endorse or oppose
the candidacy of an incumbent board member or other candidate for a position on the board. During the two months immediately preceding the election, board members shall not send individual newsletters using the association's resources.
Source: L. 83: Entire article added, p. 1571, � 1, effective July 1. L. 85: (2)
amended, p. 1302, � 4, effective April 5. L. 2010: Entire section amended, (HB 10-1098), ch. 424, p. 2195, � 3, effective August 11. L. 2016: (2)(a) and (2)(c) amended, (SB 16-055), ch. 46, p. 109, � 1, effective August 10. L. 2021: (1)(a), (1)(b), and (2)(a) amended, (HB 21-1131), ch. 65, p. 263, � 6, effective September 7.
40-9.5-110.5. Directors - required policies. (1) The board of each
cooperative electric association shall adopt written policies concerning:
(a) The compensation provided to directors on the board of directors,
including information on any authorized per diem amounts, and the value of any other benefits, services, or goods that directors receive;
(b) The requirements and procedures for a director on the board of directors
to disclose in writing any conflicts of interest. At a minimum, an association's policy must require disclosure when a decision before the board could provide directly and as a proximate result of the decision a financial or other material benefit to:
(I) The director, if the benefit is unique to that director and not shared by
similarly situated cooperative members;
(II) A parent, grandparent, spouse, partner in a civil union, child, or sibling of
the director, if the benefit is unique to that person and not shared by similarly situated cooperative members; or
(III) An entity in which the director is an officer or director or has a financial
interest unique to that director.
(2) (a) Subject to subsection (2)(b) of this section, a director on the board of
directors shall at all times fulfill the director's duty of loyalty to the association and shall not allow a conflict of interest to impair the director's loyalty to the association.
(b) Notwithstanding any other law to the contrary, if an individual is a
director on the board of directors of both a distribution cooperative electric association and a generation and transmission cooperative electric association, the director owes fiduciary duties to both associations and shall not be required to give priority to a fiduciary duty the director owes to one association over the duties the director owes to the other association.
Source: L. 2021: Entire section added, (HB 21-1131), ch. 65, p. 264, � 7,
effective September 7.
40-9.5-111. Notice of meeting - agenda. (1) Notice of the time and place of a
meeting of the board of directors and a copy of the agenda for such meeting shall be posted in every service office maintained by the association at least ten days before the meeting. The agenda shall specifically designate the issues or questions to be discussed, or the actions to be taken, at the meeting. Copies of the agenda shall be available at each service office for members and consumers.
(2) The date, time, location, and agenda of every meeting of the board of
directors shall be posted on the association's website no less than ten days before the meeting in the case of regular meetings and as soon as the meeting is scheduled in the case of special meetings. If a meeting is postponed or canceled, notice of the postponement or cancellation shall immediately be posted on the website.
Source: L. 83: Entire article added, p. 1571, � 1, effective July 1. L. 2010: Entire
section amended, (HB 10-1098), ch. 424, p. 2196, � 4, effective August 11.
40-9.5-112. Provisions applicable to cooperative electric associations. (1)
Except as otherwise provided in this part 1, the provisions of article 55 of title 7 shall apply to cooperative electric associations. In the case of any irreconcilable conflict between said article 55 and this part 1, this part 1 shall control.
(2) Notwithstanding any provision of article 55 of title 7, a cooperative
electric association may authorize joint memberships in its bylaws.
(3) Section 40-4-105 shall apply to cooperative electric associations with
respect to crossing of railroad rights-of-way.
Source: L. 83: Entire article added, p. 1571, � 1, effective July 1. L. 86: Entire
section amended, p. 1163, � 8, effective May 27. L. 2002: Entire section amended, p. 1948, � 4, effective June 8. L. 2010: Entire section amended, (HB 10-1098), ch. 424, p. 2197, � 5, effective August 11. L. 2021: Entire section amended, (HB 21-1131), ch. 65, p. 265, � 8, effective September 7.
Cross references: For the legislative declaration contained in the 2002 act
amending this section, see section 1 of chapter 350, Session Laws of Colorado 2002.
40-9.5-113. Method of reimposing public utilities commission regulation.
Any cooperative electric association may vote no more than once a year to place said association under the regulation of the public utilities commission, as provided in the Public Utilities Law, articles 1 to 7 of this title. Said question shall only be submitted to the member-consumers of the association if at least five percent of the member-consumers of the association sign a petition requesting such an election and if such signatures are gathered within a six-month period immediately preceding the submission of the petition to the association's board of directors. No petition circulated pursuant to this section shall be valid unless the petition sponsor notifies the board in writing prior to circulation for signatures. Such petition shall be submitted to, and signatures certified by, the board at a regular scheduled meeting. Such certification shall include a determination as to whether the signatures on the petition were gathered within a six-month period immediately preceding the submission of the petition to the board. After the petition has been certified by the board, the commission shall conduct an election within forty-five days on the question. If a majority of the persons voting at the election vote in favor of placing their association under commission regulation, the commission shall reassert its regulation upon determination of the election results.
Source: L. 83: Entire article added, p. 1571, � 1, effective July 1. L. 85: Entire
section amended, p. 1302, � 5, effective April 5. L. 2005: Entire section amended, p. 330, � 1, effective April 20.
40-9.5-114. Public utilities commission - fees. No cooperative electric
association which has voted to exempt itself from the Public Utilities Law, articles 1 to 7 of this title, and to be subject to the provisions of this part 1 shall be required to pay to the public utilities commission the fees imposed by the provisions of article 2 of this title; except that, for any year in which the commission is required, pursuant to section 40-9.5-105 or 40-9.5-113, to act with respect to an exempt cooperative electric association, such exempt association shall pay to the commission actual and necessary costs not to exceed twenty-five percent of the fees that it would have been liable for under the provisions of article 2 of this title if regulated by the commission.
Source: L. 83: Entire article added, p. 1572, � 1, effective July 1. L. 85: Entire
section amended, p. 1304, � 1, effective April 30. L. 86: Entire section amended, p. 1163, � 9, effective May 27.
40-9.5-114.5. Applicability of sections 40-9.5-108 to 40-9.5-112. Sections
40-9.5-108 to 40-9.5-112 apply to all cooperative electric associations, whether regulated under this part 1 or the Public Utilities Law, articles 1 to 7 of this title 40. Notwithstanding section 40-9.5-102 (1), sections 40-9.5-109, 40-9.5-110.5, and 40-9.5-111 apply to a nonprofit generation and transmission cooperative electric association that provides wholesale electric service directly to Colorado cooperative electric associations that are its members.
Source: L. 85: Entire section added, p. 1299, � 2, effective May 31. L. 86:
Entire section amended, p. 1163, � 10, effective May 27. L. 93: Entire section amended, p. 2072, � 35, effective July 1. L. 2021: Entire section amended, (HB 21-1131), ch. 65, p. 265, � 9, effective September 7.
40-9.5-115. Repeal of article. (Repealed)
Source: L. 83: Entire article added, p. 1572, � 1, effective July 1. L. 85: Entire
section repealed, p. 1303, � 6, effective April 5.
40-9.5-116. Investment in public-private transportation facilities. (1)
Notwithstanding any provision of law to the contrary, the board of directors of a cooperative electric association may consider investing in one or more of the following:
(a) Any public-private initiative with the department of transportation, as
defined in section 43-1-1201 (3), C.R.S.;
(b) Bonds issued for turnpikes in accordance with part 2 of article 3 of title
43, C.R.S.;
(c) Repealed.
(d) Any other public-private initiative program for transportation system
projects in Colorado authorized by law.
(2) The board of directors of a cooperative electric association may give
preference to the investments described in subsection (1) of this section if such investments are in the interest of the cooperative electric association's members and are consistent with sound investment policy.
Source: L. 98: Entire section added, p. 446, � 8, effective August 5. L. 2005:
(1)(c) repealed, p. 289, � 41, effective August 8.
Cross references: For the legislative declaration contained in the 1998 act
enacting this section, see section 1 of chapter 154, Session Laws of Colorado 1998.
40-9.5-117. Surcharge for underground conversion of facilities. The board
of directors of a cooperative electric association may adopt a resolution to impose a surcharge on those consumers within the service area of the cooperative electric association who derive a direct benefit from the conversion of overhead electric and communication facilities to underground locations. Such surcharge shall be limited to costs related to the conversion of overhead electric and communication facilities to underground locations.
Source: L. 99: Entire section added, p. 373, � 3, effective April 22.
40-9.5-118. Net metering - rules. (1) Definitions. For purposes of this
section, unless the context otherwise requires:
(a) Customer-generator means an end-use electricity customer that
generates electricity on the customer's side of the meter using eligible energy resources.
(b) Eligible energy resources has the meaning established in section 40-2-124.
(2) Each cooperative electric association shall allow a customer-generator's
retail electricity consumption to be offset by the electricity generated from eligible energy resources on the customer-generator's side of the meter that are interconnected with the facilities of the cooperative electric association, subject to the following:
(a) Monthly excess generation. If a customer-generator generates
electricity in excess of the customer-generator's monthly consumption, all such excess energy, expressed in kilowatt-hours, shall be carried forward from month to month and credited at a ratio of one to one against the customer-generator's energy consumption, expressed in kilowatt-hours, in subsequent months.
(b) Annual excess generation. Within sixty days after the end of each annual
period, or within sixty days after the customer-generator terminates its retail service, the cooperative electric association shall account for any excess energy generation, expressed in kilowatt-hours, accrued by the customer-generator and shall credit such excess generation to the customer-generator in a manner deemed appropriate by the cooperative electric association.
(c) Nondiscriminatory rates. A cooperative electric association shall provide
net metering service at nondiscriminatory rates.
(d) Interconnection standards. A cooperative electric association and a
customer-generator shall comply with the interconnection standards and insurance requirements established in the rules promulgated by the public utilities commission pursuant to section 40-2-124; except that the cooperative electric association may reduce or waive any of the insurance requirements, and except that the public utilities commission shall initiate a rule-making proceeding no later than October 1, 2008, for the purpose of addressing cooperative electric association system issues in its small generator interconnection procedures. A cooperative electric association shall not prevent or unreasonably burden the installation of a net metering system if such system includes protective equipment that prevents any export of customer-generated electricity from the customer's side of the meter.
(e) (I) Size specifications. Each cooperative electric association shall allow:
(A) Residential customer-generators to generate electricity subject to net
metering up to ten kilowatts; and
(B) Commercial or industrial customer-generators to generate electricity
subject to net metering up to twenty-five kilowatts.
(II) Each cooperative electric association may allow customer-generators to
generate electricity subject to net metering in amounts in excess of the minimum amounts specified in subparagraph (I) of this paragraph (e). If the cooperative electric association denies interconnection to a customer-generator that has requested interconnection of a system with a capacity of twenty-five kilowatts or larger, the association shall provide a written technical or economic explanation of such denial to the customer.
(3) The cooperative electric association and the customer-generator shall
indemnify, defend, and save the other party harmless from any and all damages, losses, or claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other party's action or failure to act in relation to any obligations under this section, except in cases of gross negligence or intentional wrongdoing by the indemnified party.
Source: L. 2008: Entire section added, p. 188, � 2, effective August 5.
PART 2
SERVICE TERRITORIES WITHIN MUNICIPALITIES
OWNING AND OPERATING ELECTRIC UTILITIES
40-9.5-201. Legislative declaration. The general assembly hereby finds and
declares that the provisions of article XXV of the Colorado constitution allow the public utilities commission to establish exclusive service territories for utilities as provided in article 5 of this title and that it has been the policy of the state of Colorado to establish exclusive service territories for cooperative electric associations. The general assembly further finds and declares that, if a cooperative electric association has been granted an exclusive service territory that is within a municipality that operates an electric utility or within an area annexed by a municipality that operates an electric utility, the municipality has taken private property and shall pay just compensation for the electric distribution facilities and certificate of public convenience and necessity of the association located within the municipality. Therefore, it is declared to be a matter of statewide concern and to be the purpose of this part 2 to establish a procedure to be followed when the certificated service territory of a cooperative electric association is included within a municipality that operates an electric utility or within an area annexed by a municipality that operates an electric utility.
Source: L. 86: Entire part added, p. 1159, � 1, effective May 27.
40-9.5-202. Definitions. As used in this part 2, unless the context otherwise
requires:
(1) Cooperative electric association shall have the same meaning as in
section 40-9.5-102.
(2) Electric distribution facilities means all or any portion of the electric
lines and facilities of a cooperative electric association used or capable of being used in serving ultimate consumers, but the term does not include transmission lines, feeder lines, and substation facilities, or portions thereof, which are necessary for the integration and operation of portions of the association's electric system which are located outside a municipality or the area annexed by a municipality, nor does the term include transformers, meters, and associated metering equipment.
(3) Municipality means a statutory or home rule town, city, or city and
county.
Source: L. 86: Entire part added, p. 1160, � 1, effective May 27.
40-9.5-203. Service rights and facilities of cooperative electric
associations within municipalities or within areas to be annexed by municipalities which own and operate electric utilities. (1) Notwithstanding any provision to the contrary, if a cooperative electric association has certificated service territory within a municipality which after May 27, 1986, commences operation of its own electric utility or has certificated service territory within an area annexed after May 27, 1986, by a municipality which owns and operates an electric utility, the municipality shall pay just compensation for the electric distribution facilities of the cooperative electric association located within the territory, together with the association's certificate of public convenience and necessity constituting its rights to serve such territory.
(2) No later than thirty days prior to final action on each annexation
ordinance, the municipality shall notify the affected cooperative electric association in writing of the boundaries of the municipality or the annexed area within which certificated service territory of the association is included and shall indicate such boundaries or area on appropriate maps.
Source: L. 86: Entire part added, p. 1160, � 1, effective May 27.
40-9.5-204. Just compensation for service rights and facilities by
municipality. (1) The just compensation for electric distribution facilities and service rights shall be:
(a) The present-day reproduction cost, new, of the electric distribution
facilities being acquired, less depreciation computed on a straight-line basis over thirty-five years with such depreciation being limited to one-half of such cost; and
(b) An amount equal to the cost of constructing any necessary facilities to
reintegrate the system of the cooperative electric association located outside the municipality or the area annexed by the municipality after detaching the electric distribution facilities to be sold; and
(c) An annual amount, payable each year for a period of ten years following
the date of purchase, equal to twenty-five percent of the revenues received by the municipality from the sale of electric power to the services within such municipality which were previously served by the cooperative electric association; and
(d) An annual amount equal to five percent of the revenues received by the
municipality from the sale of electric power to the additional services that come into existence in the affected area, for each year for a period of ten years following the date of acquisition.
(2) If the cooperative electric association and the municipality cannot agree
on the amount to be paid pursuant to subsection (1) of this section, either party may bring an action for condemnation or inverse condemnation in the district court for the county in which the property is located to determine the amount to be paid pursuant to the factors stated in subsection (1) of this section. During the pendency of any such action, the municipality shall deposit with the court the amount the municipality has offered to be paid the cooperative electric association, and, upon said payment, the municipality shall have the right to serve all electric customers within the annexed area.
Source: L. 86: Entire part added, p. 1160, � 1, effective May 27.
40-9.5-205. Purchase by cooperative electric association of electric
distribution facilities and service rights of municipality. If any municipality changes its boundaries so as to exclude from its corporate limits any territory previously served by a cooperative electric association, such municipality shall give, within thirty days, written notice to the association of such exclusion of territory, and the cooperative electric association, within one hundred twenty days after receipt of such notice, shall purchase the municipality's electric distribution facilities and service rights within the excluded area. Section 40-9.5-204 shall apply to acquisitions by a cooperative electric association pursuant to this section.
Source: L. 86: Entire part added, p. 1161, � 1, effective May 27.
40-9.5-206. Provisions on purchase nonexclusive - no effect on existing
contracts. (1) Nothing contained in this part 2 shall prohibit a municipality and a cooperative electric association from buying, selling, or exchanging electric distribution facilities, service rights, and other rights, property, and assets by mutual agreement.
(2) Nothing in this part 2 shall impair the obligations of existing contracts.
Source: L. 86: Entire part added, p. 1161, � 1, effective May 27.
40-9.5-207. Applicability. (1) This part 2 shall apply to all cooperative
electric associations which have electric distribution facilities, franchises, certificates of public convenience and necessity, rights-of-way, or appurtenances to facilities which are
C.R.S. § 42-2-505
42-2-505. Identification documents - individuals not lawfully present - rules. (1) Documents issued. An individual who is not lawfully present in the United States may apply for an identification document in accordance with this part 5. Any information collected prior to May 23, 2025, for the purpose of demonstrating eligibility for an identification document in accordance with this part 5 for an individual who does not have lawful immigration status in the United States must be managed in accordance with the data privacy policy adopted by the department of revenue. The department shall issue an identification document to an applicant who:
(a) Qualifies for the document applied for except for qualifications that
conflict with this section;
(b) Signs an affidavit that the applicant is currently a resident and presents
evidence of residence in Colorado that conforms to the standards of the federal REAL ID Act of 2025, Pub.L. 109-13, Division B, Title II, sec. 201 et seq., or any rules promulgated under the act; and
(c) and (d) Repealed.
(e) Presents one of the following documents that is unexpired or has expired
less than ten years before the date of the individual's application for an identification document:
(I) From the applicant's country of origin:
(A) A passport;
(B) A consular identification card; or
(C) A military identification document;
(II) On and after the earlier of January 1, 2027, or when the department is
able to implement this subsection (1)(e)(II), an identifying document or a combination of identifying documents issued by an agency of the United States government or its contractors or subcontractors in accordance with rules promulgated by the department in accordance with subsection (4) of this section.
(1.5) (a) The department shall issue a new identification document to a
person who has a gender different from the sex denoted on that person's identification document when the department receives a new birth certificate issued pursuant to section 25-2-113.8 or when the department receives:
(I) A statement, in a form or format designated by the department, from the
person, or from the person's parent if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, confirming the sex designation on the person's identification document does not align with the person's gender identity; and
(II) If the person is a minor under the age of eighteen, a statement, in a form
or format designated by the department, signed under penalty of law, from a professional medical or mental health-care provider licensed in good standing in Colorado or with an equivalent license in good standing from another jurisdiction, stating that the sex designation on the identification document does not align with the minor's gender identity. This subsection (1.5)(a)(II) does not require a minor to undergo any specific surgery, treatment, clinical care, or behavioral health care.
(b) [Editor's note: This version of subsection (1.5)(b) is effective until October
1, 2026.] The department may only amend a sex designation for an individual's identification document one time upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required.
(b) [Editor's note: This version of subsection (1.5)(b) is effective October 1,
2026.] The department may only amend a sex designation for an individual's identification document three times upon the individual's request. Any further requests from the individual for additional sex designation changes require the submission of a court order indicating that the sex designation change is required.
(2) Document contents. (a) On an identification document issued pursuant
to this section, the department shall place the phrase Not valid for federal identification, voting, or federal public benefit purposes clearly displayed on the face and incorporated into the machine readable zone. The department may use a substantially similar phrase if required by federal law.
(b) The department shall design the identification document issued under
this section to be distinguishable from another identification document issued under this article in compliance with federal law.
(3) Graduated driver's license requirements. To be issued a minor driver's
license under this section, an applicant who is under eighteen years of age must comply with section 42-2-104 (4).
(4) Rules. The department shall promulgate rules establishing exceptions
processing to issue an identification document in accordance with this section and determining the types of documents, the standards for the documents, and the combination of the documents issued by an agency of the United States government or its contractors or subcontractors. The rules must address the following documents:
(a) An identifying document issued by the United States department of
homeland security, its contractors or subcontractors, or the United States department of justice, including Form I-862, Notice to Appear; Form I-200, Warrant for Arrest of Alien; Form I-205, Warrant of Deportation; Form I-220A, Order of Release on Recognizance; and Form 220B, Order of Supervision, or the successor to any of the listed forms;
(b) An identification document issued under the intensive supervision
appearance program by the United States immigration and customs enforcement agency within the United States department of homeland security;
(c) A verification-of-release document issued by the office of refugee
resettlement in the United States department of health and human services;
(d) A voter identification document with a photograph; or
(e) A driver's license, instruction permit, or identification card.
Source: L. 2013: Entire part added, (SB 13-251), ch. 402, p. 2353, � 4,
effective August 7. L. 2018: IP(1) and (1)(c) amended, (SB 18-108), ch. 260, p. 1595, � 2, effective January 1, 2019. L. 2019: (1.5) added, (HB 19-1039), ch. 377, p. 3407, � 5, effective January 1, 2020. L. 2020: (1.5)(a) amended, (SB 20-166), ch. 280, p. 1372, � 4, effective July 13. L. 2021: (1.5)(a)(II) amended, (SB 21-266), ch. 423, p. 2808, � 43, effective July 2; (2)(a) amended, (SB 21-199), ch. 351, p. 2283, � 7, effective July 1, 2022. L. 2024: (1)(b) and (1)(e) amended and (4) added, (SB 24-182), ch. 435, p. 3044, � 1, effective March 31, 2025; (1)(c)(III) added by revision, (SB 24-182), ch. 435, pp. 3044, 3046, �� 1, 3. L. 2025: IP(1) amended and (1)(d) repealed, (SB 25-276), ch. 240, p. 1211, � 3, effective May 23; (1)(e)(II) amended, (HB 25-1076), ch. 16, p. 65, � 15, effective August 6; (1.5)(b) amended, (HB 25-1312), ch. 205, p. 931, � 13, effective October 1, 2026.
Editor's note: (1) Subsection (1)(c)(III) provided for the repeal of subsection
(1)(c), effective March 31, 2025. (See L. 2024, pp. 3044, 3046.)
(2) Section 18(2) of chapter 16 (HB 25-1076), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed or to the issuance, acceptance, or use of identification documents on or after August 6, 2025.
Cross references: (1) For the legislative declaration in SB 25-276, see
section 1 of chapter 240, Session Laws of Colorado 2025.
(2) For the short title (Kelly Loving Act) in HB 25-1312, see section 1 of
chapter 205, Session Laws of Colorado 2025.
C.R.S. § 42-20-108.5
42-20-108.5. Materials used for agricultural production - exemption - legislative declaration. (1) The general assembly hereby finds, determines, and declares that the federal government has extended federal hazardous materials rules to agricultural producers in 49 CFR 173.5 in a way that would be unduly burdensome to agriculture without contributing significantly to public safety. The general assembly further finds, determines, and declares that the federal rules give explicit authority to the states to exempt themselves from the federal rules, and that this section is intended to exempt Colorado agriculture from such rules. The general assembly further finds, determines, and declares that it is imperatively necessary for the chief to adopt the rules required by this section in time to meet the deadline imposed by the federal rules.
(2) As used in this section, unless the context otherwise requires:
(a) Agricultural product means a hazardous material, other than hazardous
waste, whose end use directly supports the production of an agricultural commodity including, but not limited to, a fertilizer, pesticide, soil amendment, or fuel. An agricultural product is limited to a material in class 3, 8, or 9, division 2.1, 2.2, 5.1, or 6.1, or an ORM-D material as set forth in 49 CFR parts 172 and 173.
(b) Farmer means a person or such person's agent or contractor engaged
in the production or raising of crops, poultry, or livestock.
(3) The transportation of an agricultural product other than a class 2
material, as such term is used in 49 CFR parts 172 and 173, over local roads between fields of the same farm, is excepted from the requirements of this part 1 when it is transported by a farmer who is an intrastate private motor carrier and the movement of the agricultural product conforms to rules of the chief, in consultation with the department of agriculture regarding such movement. The chief shall, in consultation with the director of the department of agriculture, promulgate rules and regulations pursuant to section 24-4-103, C.R.S., for the intrastate transportation of agricultural products.
(4) The transportation of an agricultural product to or from a farm, within one
hundred fifty miles of such farm, is excepted from the emergency response information and training requirements in subparts G and H of 49 CFR part 172, and this article when:
(a) It is transported by a farmer who is an intrastate private motor carrier;
(b) The total amount of agricultural product being transported on a single
vehicle does not exceed:
(I) Seven thousand three hundred kilograms or sixteen thousand ninety-four
pounds of ammonium nitrate fertilizer properly classed as division 5.1.PG III in a bulk packaging; or
(II) One thousand nine hundred liters or five hundred two gallons for liquids
or gasses, or two thousand three hundred kilograms or five thousand seventy pounds for solids of any other agricultural product;
(c) The packaging conforms to rules adopted by the chief in consultation
with the department of agriculture. Such rules shall be adopted by September 30, 1998. Such products are hereby authorized for transportation.
(d) Each person having any responsibility for transporting the agricultural
product for shipment pursuant to this subsection (4) is instructed in the applicable requirements of this section.
(5) The rules and regulations adopted by the chief pursuant to this section
shall be no more stringent than the federal statutes or regulations require.
(6) Any rules and regulations required to be adopted by the chief pursuant to
this section shall be promulgated no later than September 30, 1998. If the chief finds that such rules cannot be promulgated by that date pursuant to the regular rule-making process set forth in section 24-4-103, C.R.S., the chief shall adopt temporary or emergency rules pursuant to section 24-4-103 (6), C.R.S.
(7) The chief shall send a copy of the notification of proposed rule-making
for rules adopted pursuant to this section, including temporary or emergency rule-making sent pursuant to section 24-4-103 (3)(b), C.R.S., to the office of legislative legal services.
Source: L. 98: Entire section added, p. 722, � 3, effective May 18.
C.R.S. § 42-3-304
42-3-304. Registration fees - passenger-mile taxes - clean screen fund - fees - report - rules - definitions - repeal. (1) (a) In addition to other fees specified in this section, an applicant shall pay a motorist insurance identification fee in an amount determined by paragraph (d) of subsection (18) of this section when applying for registration or renewal of registration of a motor vehicle under this article.
(b) The following vehicles are exempt from the motorist insurance
identification fee:
(I) Vehicles that are exempt from registration fees under this section or are
owned by persons who have qualified as self-insured pursuant to section 10-4-624, C.R.S.
(II) Repealed.
(c) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, � 8,
effective May 1, 2009.)
(2) With respect to passenger-carrying motor vehicles, the weight used in
computing annual registration fees shall be that weight published by the manufacturer in approved manuals, and, in case of a dispute over the weight of such vehicle, the actual weight determined by weighing such vehicle on a certified scale, as provided in section 35-14-122 (6), C.R.S., shall be conclusive. With respect to all other vehicles, the weight used in computing annual registration fees shall be the empty weight, determined by weighing such vehicle on a certified scale or in the case of registration fees imposed pursuant to section 42-3-306 (5), the declared gross vehicle weight of the vehicle declared by the owner at the time of registration.
(3) No fee is payable for the annual registration of a vehicle when:
(a) The owner of the vehicle is a veteran who in an application for registration
shows that the owner has established such owner's rights to benefits under the provisions of Pub.L. 79-663, as amended, and Pub.L. 82-187, as amended, or is a veteran of the armed forces of the United States who incurred a disability and who is, at the date of application, receiving compensation from the veterans administration or any branch of the armed forces of the United States for a fifty percent or more, service-connected disability, or for loss of use of one or both feet or one or both hands, or for permanent impairment or loss of vision in both eyes that constitutes virtual or actual blindness. The exemption provided in this subsection (3)(a) applies to the original qualifying vehicle and to any vehicle subsequently purchased and owned by the same veteran but does not apply to more than one vehicle at a time.
(b) Repealed.
(c) The owner of such vehicle is the state or a political or governmental
subdivision thereof; but any such vehicle that is leased, either by the state or any political or governmental subdivision thereof, shall be exempt from payment of an annual registration fee only if the agreement under which it is leased has been first submitted to the department and approved, and such vehicle shall remain exempt from payment of an annual registration fee only so long as it is used and operated in strict conformity with such approved agreement.
(d) The owner of such vehicle is a former prisoner of war being issued special
plates pursuant to section 42-3-213 (3) or is the surviving spouse of a former prisoner of war retaining the special plates that were issued to such former prisoner of war pursuant to section 42-3-213 (3).
(e) The owner of such vehicle is the recipient of a purple heart being issued
special plates pursuant to section 42-3-213 (2).
(f) The owner of such vehicle is a recipient of a medal of honor issued special
plates pursuant to section 42-3-213 (7).
(g) The owner of the vehicle is a recipient of a medal of valor and is issued
special license plates pursuant to section 42-3-213 (10).
(h) The owner of the vehicle survived the attack on Pearl Harbor and is
issued special license plates pursuant to section 42-3-213 (6).
(4) Upon registration, the owner of each motorcycle shall pay a surcharge of
four dollars, which shall be credited to the motorcycle operator safety training fund created in section 43-5-504, C.R.S.
(5) In lieu of registering each vehicle separately, a dealer in motorcycles or
autocycles shall pay to the department an annual registration fee of twenty-five dollars for the first license plate issued pursuant to section 42-3-116 (1), a fee of seven dollars and fifty cents for each additional license plate issued up to and including five plates, and a fee of ten dollars for each license plate issued in excess of five.
(6) In lieu of registering each vehicle separately:
(a) A dealer in motor vehicles, trailers, and semitrailers, except dealers in
motorcycles or autocycles, shall pay to the department an annual fee of thirty dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each additional license plate issued up to and including five, and a fee of ten dollars for each license plate issued in excess of five; and
(b) A manufacturer of motor vehicles shall pay to the department an annual
fee of thirty dollars for the first license plate issued pursuant to section 42-3-116 (1), and a fee of seven dollars and fifty cents for each additional license plate so issued up to and including five, and a fee of ten dollars for each additional license plate issued.
(7) (a) Every drive-away or tow-away transporter shall apply to the
department for the issuance of license plates that may be transferred from one vehicle or combination to another vehicle or combination for delivery without further registration. The annual fee payable for the issuance of such plates shall be thirty dollars for the first set and ten dollars for each additional set. No transporter shall permit such license plates to be used upon a vehicle that is not in transit, or upon a work or service vehicle, including a service vehicle utilized regularly to haul vehicles, or by any other person.
(b) Each such transporter shall keep a written record of all vehicles
transported, including the description thereof and the names and addresses of the consignors and consignees, and a copy of such record shall be carried in every driven vehicle; except that, when a number of vehicles are being transported in convoy, such copy, listing all the vehicles in the convoy, may be carried in only the lead vehicle in the convoy.
(c) This subsection (7) shall not apply to a nonresident engaged in interstate
or foreign commerce if such nonresident is in compliance with the in-transit laws of the state of his or her residence and if such state grants reciprocal exemption to Colorado residents. The department may enter into reciprocal agreements with any other state or states containing such reciprocal exemptions or may issue written declarations as to the existence of any such reciprocal agreements.
(8) (a) Subsections (5), (6)(a), and (7) of this section shall not apply to a motor
vehicle, trailer, or semitrailer operated by a dealer or transporter for such dealer's or transporter's private use or to a motor vehicle bearing full-use dealer plates issued pursuant to section 42-3-116 (6)(d).
(b) Paragraph (b) of subsection (6) of this section shall only apply to a motor
vehicle if owned and operated by a manufacturer, a representative of a manufacturer, or a person so authorized by the manufacturer. A motor vehicle bearing manufacturer plates shall be of a make and model of the current or a future year and shall have been manufactured by or for the manufacturer to which such plates were issued.
(9) In addition to the registration fees imposed by section 42-3-306 (4)(a),
the following additional registration fee shall be imposed on such vehicles:
(a) For farm trucks less than seven years old, twelve dollars;
(b) For farm trucks seven years old but less than ten years old, ten dollars;
(c) For farm trucks ten years old or older, seven dollars.
(10) (a) In addition to the registration fees imposed by section 42-3-306 (5)(a)
and (13), for motor vehicles described in section 42-3-306 (5)(a) and (13), the following additional registration fee shall be imposed:
(I) For light trucks and recreational vehicles less than seven years old, twelve
dollars;
(II) For light trucks and recreational vehicles seven years old but less than
ten years old, ten dollars;
(III) For light trucks and recreational vehicles ten years old or older, seven
dollars.
(b) In addition to the registration fees imposed by section 42-3-306 (5)(b),
(5)(c), or (12)(b), an additional registration fee of ten dollars shall be assessed.
(c) The department shall adopt rules that allow a vehicle owner or a vehicle
owner's agent to apply for apportioned registration for a vehicle that is used in interstate commerce and that qualifies for the registration fees provided in section 42-3-306 (5). In establishing the amount of such apportioned registration, such rules shall take into account the length of time such item may be operated in Colorado or the number of miles such item may be driven in Colorado. The apportioned registration, if based upon the length of time such item may be operated in Colorado, shall be valid for a period of between two and eleven months. Such rules shall also allow for extensions of apportioned registration periods. During such rule-making, the department shall confer with its authorized agents regarding enhanced communications with the authorized agents and the coordination of enforcement efforts.
(11) The additional fees collected pursuant to section 42-3-306 (2)(b)(II) and
subsection (9) of this section and paragraphs (a) and (b) of subsection (10) of this section shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund to be allocated pursuant to section 43-4-205 (6)(b), C.R.S.
(12) An owner or operator that desires to make an occasional trip into this
state with a truck, truck tractor, trailer, or semitrailer that is registered in another state shall obtain a permit from the public utilities commission as provided in article 10.1 of title 40, C.R.S. This subsection (12) does not apply to the vehicles of a public utility that are temporarily in this state to assist in the construction, installation, or restoration of utility facilities used in serving the public.
(13) In addition to the annual registration fees prescribed in this section for
vehicles with a seating capacity of more than fourteen and operated for the transportation of passengers for compensation, the owner or operator of every such vehicle operated over the public highways of this state shall pay a passenger-mile tax equal to one mill for each passenger transported for a distance of one mile. The tax shall be credited to the highway users tax fund created in section 43-4-201, C.R.S., as required by section 43-4-203 (1)(c), C.R.S., and allocated and expended as specified in section 43-4-205 (5.5)(d), C.R.S. The tax assessed by this subsection (13) shall not apply to passenger service rendered within the boundaries of a city, city and county, or incorporated town by a company engaged in the mass transportation of persons by buses or trolley coaches.
(14) (a) The owner or operator of special mobile machinery having an empty
weight not in excess of sixteen thousand pounds that the owner or operator desires to operate over the public highways of this state shall register such vehicle under section 42-3-306 (5)(a).
(b) The owner or operator of special mobile machinery with an empty weight
exceeding sixteen thousand pounds that the owner or operator desires to operate over the public highways of this state shall register the vehicle under section 42-3-306 (5)(b).
(15) The owner of special mobile machinery, except that mentioned in
sections 42-1-102 (44) and 42-3-104 (3), that is not registered for operation on the highway shall pay a fee of one dollar and fifty cents, which shall not be subject to any quarterly reduction.
(16) Nothing in this section shall be construed to prevent a farmer or rancher
from occasionally exchanging transportation with another farmer or rancher when the sole consideration involved is the exchange of personal services and the use of vehicles.
(17) (a) (I) The owner shall present to the authorized agent a certified scale
ticket showing the weight of a truck if the truck:
(A) Is subject to the registration fee imposed in section 42-3-306 (5);
(B) Weighs more than four thousand five hundred pounds but not more than
ten thousand pounds; and
(C) Has been modified, including mounting equipment other than
recreational equipment, and the modifications change the truck's weight by three hundred pounds or more.
(II) The owner of a truck shall present to the authorized agent a
manufacturer's certificate of origin, a certificate of title, a certified scale ticket, or other approved document or system, as any of these options is required or authorized by rule, if the truck:
(A) Is subject to the registration fee imposed in section 42-3-306 (5);
(B) Weighs more than four thousand five hundred pounds but not more than
ten thousand pounds; and
(C) Has not been modified to change the truck's weight by three hundred
pounds or more.
(b) The department shall furnish appropriate identification, by means of tags
or otherwise, to indicate that a vehicle registered under this section is not subject to clearance by a port of entry weigh station.
(18) (a) In addition to any other fee imposed by this section, the owner shall
pay, at the time of registration, a fee of fifty cents on every item of Class A, B, or C personal property required to be registered pursuant to this article 3. The fee shall be transmitted to the state treasurer, who shall credit the same to a special account within the highway users tax fund, to be known as the AIR account, and such money shall be used, subject to appropriation by the general assembly, to cover the direct costs of the motor vehicle emissions activities of the department of public health and environment in the presently defined nonattainment area and to pay for the costs of the air quality control commission in performing its duties under section 25-7-106.3. In the program areas within counties affected by this article 3, the authorized agent shall impose and retain an additional fee of up to seventy cents on every such registration to cover reasonable costs of administration of the emissions compliance aspect of vehicle registration. The department of public health and environment may accept and expend grants, gifts, and money from any source for the purpose of implementing its duties and functions under this section or section 25-7-106.3.
(a.5) (I) For state fiscal years commencing on or before July 1, 2024, and on
or after July 1, 2026, the state treasurer shall credit all interest and income derived from the AIR account to the AIR account.
(II) Notwithstanding subsection (1)(e) of this section to the contrary, for the
state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the AIR account to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer two hundred
forty-two thousand eleven dollars from the AIR account to the general fund.
(B) This subsection (18)(a.5)(III) is repealed, effective July 1, 2026.
(b) In addition to any other fee imposed by this section, at the time of
registration of any motor vehicle in the program area subject to inspection and not exempt from registration, the owner shall pay a fee of one dollar and fifty cents. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account within the highway users tax fund, and such moneys shall be expended only to cover the costs of administration and enforcement of the automobile inspection and readjustment program by the department of revenue and the department of public health and environment, upon appropriation by the general assembly. For such purposes, the revenues attributable to one dollar of such fee shall be available for appropriation to the department of revenue, and the revenues attributable to the remaining fifty cents of such fee shall be available for appropriation to the department of public health and environment.
(c) There shall be established two separate subaccounts within the AIR
account, one for the revenues available for appropriation to the department of public health and environment pursuant to paragraphs (a) and (b) of this subsection (18) and one for the revenues available for appropriation to the department of revenue pursuant to paragraph (b) of this subsection (18) and section 42-4-305. After the state treasurer transfers moneys in the department of revenue subaccount to the department of revenue equal to the amount appropriated to the department of revenue from the AIR account for the fiscal year, the state treasurer shall transfer from the balance in the department of revenue subaccount to the department of public health and environment subaccount any amount needed to cover appropriations made to the department of public health and environment from the AIR account for that fiscal year for the administration and enforcement of the automobile inspection and readjustment program. Transfers from the department of revenue subaccount to the department of public health and environment subaccount shall be made on a monthly basis after the transfers to the department of revenue equal to the department of revenue's appropriation for that fiscal year have been made. The state treasurer shall not transfer to the department of public health and environment an amount that exceeds the amount of the appropriation made to the department of public health and environment from the AIR account for the fiscal year. Any transfer made pursuant to this paragraph (c) shall be subject to any limits imposed or appropriations made by the general assembly for other purposes and any limitations imposed by section 18 of article X of the state constitution.
(d) (I) (A) Repealed.
(B) In addition to any other fee imposed by this section, the owner, in order to
register a motor vehicle or low-power scooter, must pay a motorist insurance identification fee. The department shall annually adjust the fee based upon appropriations made by the general assembly for the operation of the motorist insurance identification database program. The department shall transmit the fee to the state treasurer, who shall credit it to the Colorado DRIVES vehicle services account created in section 42-1-211 (2). This subsection (18)(d)(I)(B) takes effect July 1, 2019.
(II) (Deleted by amendment, L. 2009, (SB 09-274), ch. 210, p. 955, � 8,
effective May 1, 2009; (HB 09-1026), ch. 281, p. 1268, � 30, effective July 1, 2010.)
(e) (I) On July 1, 2026, the state treasurer shall transfer five thousand six
hundred seventy-four dollars from the AIR account's subaccount available for appropriation to the department of public health and environment under subsections (18)(a) and (18)(b) of this section to the Colorado DRIVES vehicle services account created in section 42-1-211.
(II) This subsection (18)(e) is repealed, effective July 1, 2027.
(19) (a) If the air quality control commission determines pursuant to section
42-4-306 (23)(b) to implement an expanded clean screen program in the enhanced emissions program area, on and after the specific dates determined by the commission for each of the following subparagraphs:
(I) In addition to any other fee imposed by this section, authorized agents,
acting as agents for the clean screen authority, shall collect at the time of registration an emissions inspection fee in an amount determined by section 42-4-311 (6)(a) on every motor vehicle that the department of revenue has determined from data provided by its contractor to have been clean screened; except that the motorist need not pay the emissions inspection fee if the authorized agent determines that a valid certification of emissions compliance has already been issued for the vehicle being registered indicating that the vehicle passed the applicable emissions test at an enhanced inspection center, inspection and readjustment station, motor vehicle dealer test facility, or fleet inspection station.
(II) Authorized agents may retain three and one-third percent of the fee so
collected to cover the agent's expenses in the collection and remittance of the fee. County treasurers shall, no later than ten days after the last business day of each month, remit the remainder of the fee to the clean screen authority created in section 42-4-307.5. The clean screen authority shall transmit the fee to the state treasurer, who shall deposit the remainder in the clean screen fund, which fund is hereby created. The clean screen fund is a pass-through trust account to be held in trust solely for the purposes and the beneficiaries specified in this subsection (19). Money in the clean screen fund is not fiscal year spending of the state for purposes of section 20 of article X of the state constitution and is a custodial fund that is not subject to appropriation by the general assembly. Interest earned from the deposit and investment of money in the clean screen fund shall be credited to the clean screen fund, and the clean screen authority may also expend interest earned on the deposit and investment of the clean screen fund to pay for its costs associated with the implementation of House Bill 01-1402, enacted at the first regular session of the sixty-third general assembly. The clean screen authority may also expend interest earned on the deposit and investment of the clean screen fund to pay for its costs associated with the implementation of House Bill 06-1302, enacted at the second regular session of the sixty-fifth general assembly.
(III) The clean screen authority shall transmit moneys from the clean screen
fund monthly to the contractor in accordance with the fees determined by section 42-4-311 (6)(a) within one week after receipt by the authority from the department of revenue of a notification of the number of registrations of clean-screened vehicles during the previous month.
(IV) Repealed.
(b) In specifying dates for the implementation of the clean screen program
pursuant to paragraph (a) of this subsection (19), the commission may specify different dates for the enhanced and basic emissions program areas.
(c) This subsection (19) shall not apply to El Paso county if the commission
has excluded such county from the clean screen program pursuant to section 42-4-306 (23)(a).
(d) Any moneys remaining in the clean screen fund upon termination of the
AIR program shall revert to the AIR account established in paragraph (a) of subsection (18) of this section.
(20) In addition to any other fee imposed by this section, there shall be
collected, at the time of registration, a fee of ten dollars on every light- and heavy-duty diesel-powered motor vehicle in the program area registered pursuant to this article in Colorado. Such fee shall be transmitted to the state treasurer, who shall credit the same to the AIR account in the highway users tax fund, and such moneys shall be used, subject to appropriation by the general assembly, to cover the costs of the diesel-powered motor vehicle emissions control activities of the departments of public health and environment and revenue.
(21) In order to promote an effective emergency medical network and thus
the maintenance and supervision of the highways throughout the state, in addition to any other fees imposed by this section, there shall be assessed an additional fee of two dollars at the time of registration of any motor vehicle. Such fee shall be transmitted to the state treasurer, who shall credit the same to the emergency medical services account created by section 25-3.5-603, C.R.S., within the highway users tax fund.
(22) [Editor's note: This version of subsection (22) is effective until July 1,
2027.] In addition to any other fees imposed by this section, the authorized agent may collect and retain, and an applicant for registration shall pay at the time of registration, a reasonable fee, as determined from time to time by the authorized agent, that approximates the direct and indirect costs incurred, not to exceed five dollars, by the authorized agent in shipping and handling those license plates that the applicant has, pursuant to section 42-3-105 (1)(a), requested that the department mail to the owner.
(22) [Editor's note: This version of subsection (22) is effective July 1, 2027.]
In addition to any other fees imposed by this section, an authorized agent may collect and retain, and an applicant for registration must pay at the time of registration, a fee, as determined by the authorized agent, that is necessary to recover the direct costs incurred by the authorized agent in shipping and handling motor vehicle documents or license plates that the applicant has requested that the department or authorized agent mail to the owner. On an annual basis, an authorized agent may, on or before October 15, calculate and publish on county public-facing media the fee that applies to the registration period beginning January 1 of the following year.
(23) Repealed.
(24) In addition to any other fee imposed by this section, at the time of
registration, the owner shall pay a fee of one dollar on every item of Class A, B, or C personal property required to be registered by this article. Notwithstanding section 43-4-203, the department shall transmit the fee to the state treasurer, who shall credit it to the peace officers standards and training board cash fund, created in section 24-31-303 (2)(b); except that authorized agents may retain five percent of the fee collected to cover the agents' expenses in the collection and remittance of the fee. All of the money in the fund that is collected under this subsection (24) shall be used by the peace officers standards and training board for the purposes specified in section 24-31-310.
(25) (a) In addition to any other fee imposed by this section, for registration
periods beginning during state fiscal years prior to state fiscal year 2022-23, each authorized agent shall annually collect a fee of fifty dollars at the time of registration on every electric motor vehicle. For registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall continue to collect the fee, and the amount of the fee for registration periods beginning during any given state fiscal year is the amount of the fee collected for registration periods beginning during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall annually calculate the inflation-adjusted amount of the fee for registration periods beginning during each state fiscal year and shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins. The authorized agent shall transmit the fee to the state treasurer, who shall credit thirty dollars, adjusted for inflation, of each fee to the highway users tax fund created in section 43-4-201, and twenty dollars, adjusted for inflation, of each fee to the electric vehicle grant fund created in section 24-38.5-103.
(a.5) (I) In addition to any other fee imposed by this section, including the fee
imposed by subsection (25)(a) of this section, for registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall annually collect an electric motor vehicle road usage equalization fee at the time of registration on every battery electric motor vehicle as specified in subsections (25)(a.5)(II) and (25)(a.5)(III) of this section and on every plug-in hybrid electric motor vehicle as specified in subsections (25)(a.5)(IV) and (25)(a.5)(V) of this section. The authorized agent shall transmit the fee to the state treasurer, who shall credit it to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (6.8).
(II) For registration periods beginning during state fiscal years 2022-23
through 2031-32, the amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle is as follows:
Fiscal Year Fee
2022-23 $4
2023-24 $8
2024-25 $12
2025-26 $16
2026-27 $26
2027-28 $36
2028-29 $51
2029-30 $66
2030-31 $81
2031-32 $96
(III) For registration periods beginning during state fiscal year 2032-33 or
during any subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle is the amount of the fee for registration periods beginning during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall annually calculate the inflation adjusted amount of the electric motor vehicle road usage equalization fee for a battery electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.
(IV) For registration periods beginning during state fiscal years 2022-23
through 2031-32, the amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle is:
Fiscal Year Fee
2022-23 $3
2023-24 $5
2024-25 $8
2025-26 $11
2026-27 $13
2027-28 $16
2028-29 $19
2029-30 $21
2030-31 $24
2031-32 $27
(V) For registration periods beginning during state fiscal year 2032-33 or
during any subsequent state fiscal year, the amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle is the amount of the fee for registration periods commencing during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the electric motor vehicle road usage equalization fee for a plug-in hybrid electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.
(a.6) Because the electric motor vehicle fee imposed pursuant to subsection
(25)(a) of this section and the electric motor vehicle road usage equalization fee imposed pursuant to subsection (25)(a.5) of this section are intended to equalize the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines, and because motor fuel charges are paid throughout the year rather than at the time of annual motor vehicle registration, the department shall implement a pilot program to allow fees imposed pursuant to this subsection (25) to be paid on an automated prorated quarterly basis. After evaluating the success of the pilot program after the second year of implementation, the department shall make the pilot program permanent unless there is compelling evidence that the pilot program has not been successful. The department may promulgate rules to implement this subsection (25)(a.6).
(a.7) (I) In lieu of any other fee imposed by this subsection (25), for
registration periods beginning during state fiscal year 2022-23 or during any subsequent state fiscal year, each authorized agent shall annually collect a commercial electric motor vehicle road usage equalization fee in the amount specified in subsection (25)(a.7)(II) or (25)(a.7)(III) of this section. The authorized agent shall transmit the fee to the state treasurer, who shall credit it as specified in subsection (25)(a.7)(IV) of this section.
(II) For registration periods beginning during state fiscal year 2022-23, the
amount of the commercial electric motor vehicle road usage equalization fee is:
(A) Fifty dollars for a commercial electric motor vehicle that weighs more
than ten thousand pounds but not more than sixteen thousand pounds;
(B) One hundred dollars for a commercial electric motor vehicle that weighs
more than sixteen thousand pounds but not more that twenty-six thousand pounds; and
(C) One hundred fifty dollars for a commercial electric motor vehicle that
weighs more than twenty-six thousand pounds.
(III) For registration periods beginning during state fiscal year 2023-24 or
during any subsequent state fiscal year, the amount of the commercial electric motor vehicle road usage equalization fee is the amount of the fee for registration periods commencing during the prior state fiscal year, adjusted for inflation; except that an adjustment shall be made only if the rate of inflation is positive and the adjustment must be the lesser of the actual rate of inflation or five percent. The department of revenue shall calculate the inflation adjusted amount of the commercial electric motor vehicle road usage equalization fee for a commercial electric motor vehicle for registration periods beginning during each state fiscal year and shall notify authorized agents of the amount no later than the May 1 of the calendar year in which the state fiscal year begins.
(IV) The state treasurer shall credit fee revenue collected pursuant to this
subsection (25)(a.7) as follows:
(A) Seventy percent to the highway users tax fund for allocation and
expenditure as specified in section 43-4-205 (6.8); and
(B) Thirty percent to the state highway fund created in section 43-1-219 for
the purpose of funding freight-related projects that ease effective, efficient, and safe freight transport.
(a.8) During the 2026 legislative interim, the Colorado energy office, the
department of transportation, and the department of public health and environment, after consulting with the community access enterprise created in section 24-38.5-303 (1), the clean fleet enterprise created in section 25-7.5-103 (1)(a), the clean transit enterprise created in section 43-4-1203 (1)(a), and the nonattainment area air pollution mitigation enterprise created in section 43-4-1303 (1)(a), shall jointly complete a written report and present the report at a hearing of the transportation legislation review committee created in section 43-2-145 (1)(a). The report shall detail progress on all projects completed or undertaken using funding provided pursuant to Senate Bill 21-260, enacted in 2021, identify other projects expected to be completed in the next five years, specifically document the use of general fund money provided pursuant to Senate Bill 21-260, enacted in 2021, and make recommendations as to whether additional general fund money should be provided for similar uses in light of current economic conditions, inflation, and other project completion cost factors, and available state revenue. The report shall also include the joint recommendations of the office and the departments as to whether, beginning in state fiscal year 2027-28 or a later state fiscal year, the amount of any or all of the fees imposed by this subsection (25) should be adjusted or, due to increased use of such motor vehicles, fees should also be imposed on hydrogen fuel cell motor vehicles that are powered by electricity produced from a fuel cell that uses hydrogen gas as fuel to ensure that the goal of equalizing the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines continues to be realized. When developing their recommendations regarding the fees, the office and the departments shall take into account, at a minimum, the most recent available reliable data on current average fuel efficiency and current fuel efficiency for the most fuel-efficient motor vehicles for the Colorado light-duty and commercial motor vehicle fleets or, if Colorado data is not available, the United States light-duty and commercial motor vehicle fleets, and the most recent available reliable projections of future average fuel efficiency and future fuel efficiency for the most fuel-efficient motor vehicles for the Colorado light-duty and commercial motor vehicle fleets or, if Colorado data is not available, for the United States light-duty and commercial motor vehicle fleets. To the extent feasible based on the data available, analysis of commercial motor vehicle fleet data shall account separately for different categories or weight classes of commercial motor vehicles.
(a.9) As used in this subsection (25), unless the context otherwise requires:
(I) Battery electric motor vehicle means a motor vehicle that is powered
exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion.
(II) Commercial electric motor vehicle means an electric motor vehicle that
is a commercial vehicle.
(III) Electric motor vehicle means a battery electric motor vehicle and a
plug-in hybrid electric motor vehicle.
(IV) Inflation means the average annual percentage change in the United
States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an annual inflation adjustment to the amount of any fee imposed pursuant to this subsection (25) is to be made begins.
(V) Plug-in hybrid electric motor vehicle means a motor vehicle that is
powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine.
(b) The department of revenue shall create an electric vehicle decal, which
an authorized agent shall give to each person that pays the fees charged under subsections (25)(a), (25)(a.5), and (25)(a.7) of this section and that is not issued an electric vehicle license plate under section 42-3-259 for the electric motor vehicle. The decal must be attached to the upper right-hand corner of the front windshield on the motor vehicle for which it was issued. If there is a change of vehicle ownership, the decal is transferable to the new owner.
(c) Repealed.
Source: L. 2005: (13) and (18)(d)(I) amended, p. 145, � 21, effective April 5;
entire article amended with relocations, p. 1136, � 2, effective August 8; (18)(c) amended, p. 328, � 1, effective August 8. L. 2006: (10)(b) amended, p. 1511, � 71, effective June 1; (1)(c) amended, p. 1011, � 5, effective July 1; (19)(a)(I), (19)(a)(II), and (19)(d) amended and (19)(a)(IV) added, p. 1030, �� 12, 11, effective July 1; (3)(g) and (3)(h) added, p. 921, � 4, effective January 1, 2007. L. 2009: (1)(c) and (18)(d) amended, (SB 09-274), ch. 210, p. 955, � 8, effective May 1; (21) amended, (SB 09-002), ch. 277, p. 1242, � 1, effective May 19; (24) amended, (HB 09-1036), ch. 300, p. 1601, � 1, effective July 1; (4), (5), and (6)(a) amended, (HB 09-1026), ch. 281, p. 1268, � 29, effective October 1; (18)(d) amended, (HB 09-1026), ch. 281, p. 1268, � 30, effective July 1, 2010. L. 2010: (18)(d)(I) amended, (HB 10-1387), ch. 205, p. 890, � 7, effective May 5; (18)(d)(I) amended, (HB 10-1341), ch. 285, p. 1336, � 1, effective May 26; (2), IP(9), IP(10)(a), (10)(b), (10)(c), (11), (14), and (17)(a) amended and (23) repealed, (SB 10-212), ch. 412, pp. 2036, 2032, � 12, 1, effective July 1; (14) and (15) amended, (HB 10-1172), ch. 320, p. 1491, � 11, effective October 1. L. 2011: IP(18)(d)(I) amended, (HB 11-1182), ch. 124, p. 387, � 1, effective April 22; (1)(b)(II) repealed, (HB 11-1004), ch. 136, p. 475, � 2, effective August 10; (12) amended, (HB 11-1198), ch. 127, p. 425, � 24, effective August 10. L. 2012: (18)(d)(I) amended, (HB 12-1216), ch. 80, p. 267, � 6, effective July 1; (19)(a)(I) amended and (19)(a)(IV) repealed, (SB 12-034), ch. 107, p. 362, � 1, effective August 8. L. 2013: (25) added, (HB 13-1110), ch. 225, p. 1064, � 12, effective January 1, 2014. L. 2014: (25)(c)(II) amended, (HB 14-1027), ch. 6, p. 88, � 1, effective February 19; (18)(d)(I) amended, (SB 14-194), ch. 346, p. 1551, � 19, effective June 5; (24) amended, (SB 14-123), ch. 246, p. 946, � 3, effective August 6. L. 2017: (18)(d)(I), IP(19)(a), (19)(a)(I), (19)(a)(II), (24), (25)(a), and (25)(b) amended, (HB 17-1107), ch. 101, p. 369, � 17, effective August 9. L. 2018: (18)(d)(I) amended, (SB 18-253), ch. 293, p. 1799, � 3, effective May 29. L. 2019: (25)(c) repealed, (HB 19-1298), ch. 384, p. 3438, � 2, effective August 2. L. 2021: (25)(a) and (25)(b) amended and (25)(a.5), (25)(a.6), (25)(a.7), (25)(a.8), and (25)(a.9) added, (SB 21-260), ch. 250, p. 1407, � 26, effective June 17; (25)(b) amended, (HB 21-1141), ch. 339, p. 2198, � 5, effective September 7. L. 2022: (17)(a) amended, (SB 22-108), ch. 63, p. 318, � 1, effective August 10; IP(17)(a)(II) amended, (HB 22-1388), ch. 475, p. 3463, � 7, effective August 10; (5) and (6)(a) amended, (HB 22-1043), ch. 361, p. 2583, � 10, effective January 1, 2023. L. 2025: (18)(a) amended and (18)(a.5) added, (SB 25-317), ch. 385, p. 2167, � 52, effective June 3; (18)(e) added, (SB 25-321), ch. 387, p. 2178, � 8, effective June 3; IP(3) and (3)(a) amended and (3)(b) repealed, (HB 25-1076), ch. 16, p. 62, � 7, effective August 6; (22) amended, (HB 25-1189), ch. 395, p. 2227, � 3, effective July 1, 2027.
Editor's note: (1) This section is similar to former � 42-3-134 as it existed
prior to 2005.
(2) Subsection (13) was originally numbered as � 42-3-134 (21)(a), and the
amendments to it in Senate Bill 05-041 were harmonized with � 42-3-304 (13) as it appears in House Bill 05-1107. Subsection (18)(c) was originally numbered as � 42-3-134 (26)(c), and the amendments to it in House Bill 05-1268 were harmonized with and relocated to � 42-3-304 (18)(c) as it appears in House Bill 05-1107. Subsection (18)(d)(I) was originally numbered as � 42-3-134 (26)(d)(I), and the amendments to it in Senate Bill 05-041 were harmonized with and relocated to � 42-3-304 (18)(d)(I) as it appears in House Bill 05-1107.
(3) Amendments to subsection (18)(d) by Senate Bill 09-074 and House Bill
09-1026 were harmonized.
(4) Section 137 of Senate Bill 09-292 changed the effective date of
subsections (4), (5), and (6)(a) from July 1, 2010, to October 1, 2009, and subsection (18)(d) from October 1, 2009, to July 1, 2010.
(5) Amendments to subsection (18)(d)(I) by House Bill 10-1387 and House Bill
10-1341 were harmonized.
(6) Amendments to subsection (14) by Senate Bill 10-212 and House Bill 10-1172 were harmonized.
(7) Subsection (18)(d)(I)(A) provided for the repeal of subsection (18)(d)(I)(A),
effective July 1, 2019. (See L. 2018, p. 1799.)
(8) Amendments to subsection (25)(b) by HB 21-1141 and SB 21-260 were
harmonized.
(9) Section 18(2) of chapter 16 (HB 25-1076), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed or to the issuance, acceptance, or use of identification documents on or after August 6, 2025.
(10) Section 7(2) of chapter 395 (HB 25-1189), Session Laws of Colorado
2025, provides that the act changing this section applies to titles issued and fees incurred on or after July 1, 2027.
Cross references: (1) For Public Law 663, 79th Congress, as amended, and
Public Law 187, 82nd Congress, as amended, see 60 Stat. 915 and 65 Stat. 574, respectively, and 38 U.S.C. �� 3901 to 3905.
(2) For the legislative declaration contained in the 2006 act amending
subsections (19)(a)(I), (19)(a)(II), and (19)(d) and enacting subsection (19)(a)(IV), see section 1 of chapter 225, Session Laws of Colorado 2006. For the legislative declaration in the 2011 act repealing subsection (1)(b)(II), see section 1 of chapter 136, Session Laws of Colorado 2011. For the legislative declaration in the 2013 act adding subsection (25), see section 1 of chapter 225, Session Laws of Colorado 2013.
(3) For the legislative declaration in SB 21-260, see section 1 of chapter 250,
Session Laws of Colorado 2021. For the legislative declaration in HB 21-1141, see section 1 of chapter 339, Session Laws of Colorado 2021. For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
C.R.S. § 42-4-1007
42-4-1007. Driving on roadways laned for traffic. (1) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single
lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except
when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to the traffic moving in the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane.
(c) Official traffic control devices may be erected directing specified traffic
to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device.
(d) Official traffic control devices may be installed prohibiting the changing
of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.
(2) (a) The department of transportation may designate with signage an area
on a roadway not otherwise laned for traffic for use by commercial vehicles, as defined in section 42-4-235 (1)(a), that are designed to transport sixteen or more passengers, including the driver, and that are operated by a governmental entity or government-owned business that transports the general public or by a contractor on behalf of such an entity or government-owned business. Use of such an area is limited to vehicles authorized by the department operating under conditions of use established by the department but, subject to the conditions of use, the driver of an authorized vehicle has sole discretion to decide whether or not to drive on such an area based on the driver's assessment of the safety of doing so. The department shall consult with the Colorado state patrol before granting authorization for use of the area and establishing conditions of use. The department shall impose and each authorized user shall acknowledge the conditions of use by written agreement, and the department need not note the conditions of use in roadway signage. An authorized user does not violate this section or section 42-4-1004 when operating in accordance with the conditions of use for an area imposed by the department and acknowledged by the user in a written agreement.
(b) The department of transportation shall work with local governmental
agencies in implementing the provisions of this subsection (2).
(3) A person who violates any provision of this section commits a class A
traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2360, � 1, effective
January 1, 1995. L. 2016: (2) amended and (3) added, (HB 16-1008), ch. 8, p. 15, � 1, effective March 9.
Editor's note: This section is similar to former � 42-4-907 as it existed prior
to 1994.
C.R.S. § 42-4-110.5
42-4-110.5. Automated vehicle identification systems - school buses - exceptions to liability - penalty - contracting - limits on use of photographs and video - rules - legislative declaration - definitions. (1) The general assembly hereby finds and declares that the enforcement of traffic laws through the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary.
(1.1) As used in this section, unless the context otherwise requires:
(a) (I) Automated vehicle identification system means a system whereby:
(A) A machine is used to automatically detect a violation of a traffic
regulation and simultaneously record a photograph of the vehicle and the license plate of the vehicle; and
(B) A notice of violation or civil penalty assessment notice may be issued to
the registered owner of the motor vehicle.
(II) Automated vehicle identification system includes a system used to
detect a violation of part 11 of this article 4 or a local speed ordinance; a system used to detect violations of traffic restrictions imposed by traffic signals or traffic signs; a system used to detect the overtaking of a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a); and a system used to detect violations of bus lane or bicycle lane restrictions.
(a.7) School bus means a school bus that is required to bear on the front
and rear of such school bus the words SCHOOL BUS and display visual signal lights pursuant to section 42-4-1903 (2)(a).
(b) State, notwithstanding section 42-1-102 (95), means the state of
Colorado acting through the Colorado state patrol in the department of public safety or the department of transportation.
(c) State highway means any highway that is owned by or maintained by
the state. State highway does not include a public highway operated by a public highway authority in accordance with the Public Highway Authority Law, part 5 of article 4 of title 43.
(1.4) Nothing in this section applies to the use of automated vehicle
identification systems for the purpose of collecting tolls, fees, or civil penalties in accordance with part 5 of article 4 of title 43 and section 43-4-808.
(1.5) Nothing in this section applies to a violation detected by an automated
vehicle identification system for driving twenty-five miles per hour or more in excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the maximum speed limit of seventy-five miles per hour detected by the use of an automated vehicle identification system.
(1.7) Repealed.
(2) A county, city and county, or municipality may adopt an ordinance
authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the county, city and county, or municipality, or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following conditions and limitations and, as applicable, the requirements for state highways set forth in and any rules adopted by the department of transportation pursuant to subsection (2.5) of this section:
(a) (I) (Deleted by amendment, L. 2002, p. 570, � 1, effective May 24, 2002.)
(II) If the state, a county, a city and county, or a municipality detects any
alleged violation of a county or municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county, or municipality shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail, personal service, or any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a notice of violation:
(A) Within thirty days after the alleged violation occurred if the motor vehicle
involved in the alleged violation is registered in the state; or
(B) Within sixty days after the alleged violation occurred if the motor vehicle
involved in the alleged violation is registered outside of the state.
(III) The notice of violation must contain:
(A) The name and address of the registered owner of the motor vehicle
involved in the alleged violation;
(B) The license plate number of the motor vehicle involved in the alleged
violation;
(C) The date, time, and location of the alleged violation;
(D) The amount of the civil penalty prescribed for the alleged violation;
(E) The deadline for payment of the prescribed civil penalty and for disputing
the alleged violation; and
(F) Information on how the registered owner may either dispute the alleged
violation in a hearing or pay the prescribed civil penalty.
(IV) If the state, a county, a city and county, or a municipality does not
receive the prescribed civil penalty or a written notice requesting a hearing to dispute the alleged violation by the deadline stated on the notice of violation, which deadline must not be less than forty-five days after the issuance date on the notice of violation, the state, county, city and county, or municipality shall issue, or cause its vendor to issue, by first-class mail, personal service, or any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, a civil penalty assessment notice for the alleged violation to the registered owner of the motor vehicle involved in the alleged violation no later than thirty days after the deadline on the notice of violation.
(V) The civil penalty assessment notice must contain:
(A) The name and address of the registered owner of the motor vehicle
involved in the alleged violation;
(B) The license plate of the motor vehicle involved in the alleged violation;
(C) The date, time, and location of the alleged violation;
(D) The amount of the civil penalty prescribed for the alleged violation;
(E) The deadline for payment of the prescribed civil penalty;
(F) Information on how to pay the prescribed civil penalty.
(VI) If the registered owner of the motor vehicle fails to request a hearing to
dispute the alleged violation by the deadline stated in the notice of violation, the registered owner waives any right to contest the violation or the amount of the prescribed civil penalty.
(VII) If the registered owner of the motor vehicle fails to pay in full the
prescribed civil penalty by the deadline stated in the civil penalty assessment notice, a final order of liability shall be entered against the registered owner of the vehicle.
(VIII) Final orders may be appealed as to matters of law and fact to the
county court in the county where the alleged violation or the municipal court in the municipality where the alleged violation occurred. The registered owner of the motor vehicle may assert in an appeal that a notice of violation served by first-class mail or other mail delivery service was not actually delivered. The appeal shall be a de novo hearing.
(IX) The state, a county, a city and county, or a municipality shall not initiate
or pursue a collection action against a registered owner of a motor vehicle for a debt resulting from an unpaid penalty assessed pursuant to this section unless the registered owner is personally served the notice of violation or the final order of liability.
(X) If the registered owner of a motor vehicle involved in a traffic violation
under state law or under traffic regulations adopted by a county, city and county, or municipality is engaged in the business of leasing or renting motor vehicles, the registered owner remains liable for payment of the civil penalty even if the registered owner was not driving the motor vehicle but may obtain payment from the lessor or renter of the motor vehicle and forward the payment to the state or the county, city and county, or municipality imposing the civil penalty.
(b) Notwithstanding any other provision of the statutes to the contrary, the
state, a county, a city and county, or a municipality shall not report to the department any conviction or entry of judgment against a defendant for violation of a county or municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system.
(c) Repealed.
(d) (I) The state, a county, a city and county, or a municipality shall not use an
automated vehicle identification system to detect a violation of part 11 of this article 4 or a local speed ordinance unless there is posted an appropriate temporary or permanent sign in a conspicuous place not fewer than three hundred feet before the area in which the automated vehicle identification system is to be used notifying the public that an automated vehicle identification system is in use immediately ahead. The requirement of this subsection (2)(d)(I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a permanent sign in an area in which an automated vehicle identification system is to be used, but this subsection (2)(d)(I) shall not be deemed a prohibition against the posting of such permanent signs.
(II) Except as provided in subsection (2)(d)(I) of this section, an automated
vehicle identification system designed to detect disobedience to a traffic control signal or another violation of this article 4 or a local traffic ordinance shall not be used unless the state, county, city and county, or municipality using such system conspicuously posts a sign notifying the public that an automated vehicle identification system is in use immediately ahead. The sign shall:
(A) Be placed in a conspicuous location not fewer than two hundred feet nor
more than five hundred feet before the automated vehicle identification system; and
(B) Use lettering that is at least four inches high for upper case letters and
two and nine-tenths inches high for lower case letters.
(III) This subsection (2)(d) does not apply to an automated vehicle
identification system designed to detect the overtaking of a school bus with actuated visual signal lights.
(e) (I) If the state, county, city and county, or municipality implements a new
automated vehicle identification system after July 1, 2023, that is not a replacement of an automated vehicle identification system:
(A) The agency responsible for the automated vehicle identification system
shall publicly announce the implementation of the system through its website for at least thirty days prior to the use of the system; and
(B) For the first thirty days after the system is installed or deployed, only
warnings may be issued for violations of a county or municipal traffic regulation or traffic violation under state law detected by the system.
(II) A state, county, city and county, or municipality may conduct an extended
public information campaign or warning period for systems installed or deployed either before or after July 1, 2023.
(f) (Deleted by amendment, L. 2023.)
(g) (I) The state, a county, a city and county, or a municipality shall not issue
a notice of violation or civil penalty assessment notice for a violation detected using an automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615; within a residential neighborhood; within a maintenance, construction, or repair zone designated pursuant to section 42-4-614; along a street that borders a municipal park; or along a street or portion of a street that a county, city and county, or municipality, by ordinance or by a resolution of its governing body, designates as an automated vehicle identification corridor, on which designated corridor the county, city and county, or municipality may locate an automated vehicle identification system to detect violations of a county, city and county, or municipal traffic regulation or a traffic violation under state law.
(A) to (C) (Deleted by amendment, L. 2024).
(I.3) Before a county, a city and county, or a municipality designates an
automated vehicle identification corridor on a state highway, the county, city and county, or municipality shall notify the department of transportation. If a county, city and county, or municipality designates an automated vehicle identification corridor on a state highway by ordinance or resolution before January 1, 2025, it may proceed without having provided this notification to the department of transportation.
(I.4) After a county, city and county, or municipality designates an automated
vehicle identification corridor on a state highway, the county, city and county, or municipality shall coordinate with the department of transportation. Coordination must include demonstrating that the requirements set forth in subsection (2)(g)(I.7)(B) of this section have been met and, if needed, applying for a special use permit to install any devices or signage on department of transportation right-of-way if the segment of highway in question is maintained by the state. A county, city and county, or municipality shall alert the department of transportation when the automated vehicle identification corridor begins operations or permanently ceases operations on a state highway. The department of transportation shall notify the Colorado state patrol when a county, city and county, or municipality coordinates with the department of transportation to establish an automated vehicle identification corridor on a state highway.
(I.5) Before a county, city and county, or municipality begins the operation of
an automated vehicle identification system in an automated vehicle identification corridor on a county road, the county, city and county, or municipality shall notify the Colorado state patrol.
(I.6) Before the state designates an automated vehicle identification corridor
on a state highway located within the boundaries of a county, a city and county, or a municipality, and before the state begins operation of an automated vehicle identification corridor on a state highway, the state shall coordinate with the respective county, city and county, or municipality.
(I.7) Before the state, a county, city and county, or municipality begins
operation of an automated vehicle identification system in an automated vehicle identification corridor, the state, county, city and county, or municipality must:
(A) Post a permanent sign in a conspicuous place not fewer than three
hundred feet before the beginning of the corridor; and
(B) Post a permanent sign not fewer than three hundred feet before each
static camera within the corridor thereafter or a temporary sign not fewer than three hundred feet before any mobile camera; except that, for an automated vehicle identification corridor on which an automated vehicle identification system is used on transit vehicles for the purpose of detecting unauthorized use of a transit-only lane, post permanent signs at one-half mile or more frequent intervals; and
(C) Illustrate, through data collected within the past five years, incidents of
crashes, speeding, reckless driving, or community complaints on a street designated as an automated vehicle identification corridor unless the automated vehicle identification system will be used exclusively to detect unauthorized usage of one or more transit-only lanes.
(II) As used in this subsection (2)(g), unless the context otherwise requires,
residential neighborhood means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per hour or less.
(III) This subsection (2)(g) does not apply to an automated vehicle
identification system designed to detect disobedience to a traffic control signal or the overtaking of a school bus with actuated visual signal lights.
(IV) The state, a county, a city and county, or a municipality implementing an
automated vehicle identification corridor pursuant to subsection (2)(g)(I) of this section shall publish a report on its website disclosing the number of citations and revenue generated by the automated vehicle identification corridor.
(V) (A) Notwithstanding the provisions of subsection (2)(g)(I) of this section,
the state may locate an automated vehicle identification system on a highway that is a part of the federal interstate highway system and may issue a notice of violation or a civil penalty assessment notice for a traffic violation under state law detected using the automated vehicle identification system.
(B) A county, a city and county, or a municipality shall not locate an
automated vehicle identification system or create an automated vehicle identification corridor on any highway that is a part of the federal interstate highway system.
(h) The state, a county, a city and county, or a municipality shall not require a
registered owner of a vehicle to disclose the identity of a driver of the vehicle who is detected through the use of an automated vehicle identification system. However, the registered owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation.
(2.5) (a) The state may use an automated vehicle identification system on any
portion of a state highway. The department of transportation may promulgate rules to implement this section relating to the use of automated vehicle identification systems by the department of transportation on state highways and prioritization for the use of automated vehicle identification systems by other entities on state highways, including but not limited to rules that:
(I) Specify prioritization criteria that the department of transportation will
use to determine which entity is authorized to use an automated vehicle identification system if multiple entities seek authorization to use an automated vehicle identification system on the same portion of a state highway. The criteria must specify that the department of transportation must give preference to an entity that has the primary responsibility for regulation and enforcement of traffic restrictions on the portion of a state highway on which an automated vehicle identification system is to be used.
(II) Specify, consistent with the requirements of subsection (2)(a) of this
section, the process that the state will use to notify a county, city and county, or municipality that the state will be using an automated vehicle identification system within its jurisdiction and the administrative and enforcement process that the department of transportation will use to administer, hear, and resolve a traffic violation detected through the use by the department of transportation of an automated vehicle identification system;
(III) Establish, subject to the caps set forth in subsections (4)(b) and (4.5) of
this section and any other provision of law, the amount of civil penalties imposed for traffic violations detected through the use by the department of transportation of an automated vehicle identification system;
(IV) Establish an administrative hearing process that complies with
subsections (2)(a)(IV) to (2)(a)(VIII) of this section, including the ability to retain and contract with impartial hearing officers and the ability for impartial hearing officers to issue final orders required by subsection (2)(a)(VII) of this section; and
(V) Provide, consistent with this section, any additional requirements,
guidance, or clarification that the department of transportation deems necessary or appropriate to implement this section.
(b) It is the intent of the general assembly that the department of
transportation consult with the Colorado state patrol when promulgating rules relating to the use of automated vehicle identification systems and before authorizing the use of an automated vehicle identification system by the state or a county, a city and county, or a municipality on any portion of a state highway. It is also the intent of the general assembly that the department of transportation consult with counties, cities and counties, and municipalities when promulgating rules relating to the use of automated vehicle identification systems.
(c) This subsection (2.5) does not apply to an automated vehicle
identification system on a state highway that a county, city and county, or municipality has implemented or designated by ordinance or resolution before January 1, 2025, or before the department of transportation adopts rules pursuant to subsection (2.5)(a) of this section, whichever occurs later. This subsection (2.5) does not require a county, city and county, or municipality to remove or stop the implementation of an automated vehicle identification system that was placed on any portion of a state highway or designated by ordinance or resolution before January 1, 2025, or before the department of transportation adopts rules pursuant to subsection (2.5)(a) of this section, whichever occurs later.
(3) The department has no authority to assess any points against a license
under section 42-2-127 upon entry of a conviction or judgment for a violation of a county or municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. The department shall not keep any record of such violation in the official records maintained by the department under section 42-2-121.
(4) (a) If the state, a county, a city and county, or a municipality detects a
speeding violation of less than ten miles per hour over the reasonable and prudent speed under a county or municipal traffic regulation or under state law through the use of an automated vehicle identification system and the violation is the first violation by the registered owner that the state, county, city and county, or municipality has detected using an automated vehicle identification system, then the state, county, city and county, or municipality may mail the registered owner a warning regarding the violation, but the state, county, city and county, or municipality shall not impose any penalty or surcharge for such first violation.
(b) (I) If the state, a county, a city and county, or a municipality detects a
second or subsequent speeding violation under a county or municipal traffic regulation or under state law by the registered owner, or a first such violation by the registered owner, if the provisions of subsection (4)(a) of this section do not apply, through the use of an automated vehicle identification system, then, except as may be permitted in subsection (4)(b)(II) of this section, the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars.
(II) If any violation described in subsection (4)(b)(I) of this section occurs
within a school zone, as defined in section 42-4-615, the maximum penalty that may be imposed shall be doubled.
(III) Subsection (4)(b)(I) of this section does not apply within a maintenance,
construction, or repair zone designated pursuant to section 42-4-614 or a school zone, as defined in section 42-4-615 (2).
(4.5) (a) If the state, a county, a city and county, or a municipality detects a
violation of a county, city and county, or municipal traffic regulation or traffic violation under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum civil penalty that the state, a county, a city and county, or a municipality may impose for such violation, including any surcharge, is seventy-five dollars.
(b) Subsection (4.5)(a) of this section does not apply within a maintenance,
construction, or repair zone designated pursuant to section 42-4-614 or a school zone, as defined in section 42-4-615 (2).
(4.6) (a) If approved by a school district's board of education, the state, a
county, a city and county, the school district, or a municipality may install and utilize an automated vehicle identification system on the school district's school buses to detect a motor vehicle overtaking a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a).
(b) If, through the use of an automated vehicle identification system, the
state, a county, a city and county, or a municipality detects a motor vehicle overtaking a stopped school bus with actuated visual signal lights in violation of section 42-4-1903 (1)(a), the maximum civil penalty the state, county, city and county, or municipality may impose for the violation is three hundred dollars, including surcharges or fees.
(c) (I) A photograph produced by an automated vehicle identification system
pursuant to this subsection (4.6) must capture an image of the motor vehicle and the motor vehicle's license plate to form the basis of a notice of violation or civil penalty issued pursuant to this subsection (4.6).
(II) A notice of violation or civil penalty issued pursuant to this subsection
(4.6) must be sent to the registered owner of the vehicle.
(III) When a photograph produced by an automated vehicle identification
system includes an electronic indicator signifying actuation of a school bus's visual signal lights, there is a rebuttable presumption that the school bus's visual signal lights were actuated and operational and that the school bus was stopped to receive or discharge school children.
(d) (I) The state, a county, a city and county, a school district, or a
municipality that has installed an automated vehicle identification system on a school bus to detect a motor vehicle overtaking a stopped school bus shall not use any portion of a fine collected through the use of such system as the basis for payment to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, school district, or municipality for such equipment must be based upon the value of any equipment or services provided and must not be based exclusively upon the number of traffic citations issued or the revenue generated by the automated vehicle identification system equipment.
(II) A contract for automated vehicle identification system equipment and for
services provided for the use of an automated vehicle identification system on a school bus must not contain a quota regarding the number of violations captured or notices of violation issued or regarding the revenue generated for the automated vehicle identification system to be continuously utilized.
(e) A school district that, independent of the state, a county, a city and
county, or a municipality, installs and utilizes an automated vehicle identification system on the school district's school buses pursuant to this subsection (4.6) shall enter into a memorandum of understanding with one or more law enforcement agencies, and such memorandum may include:
(I) Provisions for cost sharing;
(II) Payment responsibilities to the manufacturer or vendor of the automated
vehicle identification system equipment; and
(III) Enforcement responsibilities and reimbursement considerations.
(4.7) If a registered owner fails to pay a penalty imposed for a violation of a
county or municipal traffic regulation or a traffic violation under state law detected using an automated vehicle identification system, the state, a county, a city and county, or a municipality shall not attempt to enforce such a penalty by immobilizing the registered owner's vehicle.
(5) If the state, a county, a city and county, or a municipality has established
an automated vehicle identification system for the enforcement of county or municipal traffic regulations or state traffic laws, then no portion of any fine collected through the use of such system may be paid to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, or municipality for such equipment shall be based upon the value of such equipment and the value of any services provided to the state, county, city and county, or municipality and may not be based upon the number of traffic citations issued or the revenue generated by such equipment or services.
(6) Repealed.
(7) The state, county, city and county, or municipality and any vendor
operating an automated vehicle identification system shall, unless otherwise provided in this section:
(a) Program the automated vehicle identification system to retain data only
when a violation of a county or municipal traffic regulation or traffic violation under state law occurs;
(b) Treat all photographs and video collected by the automated motor
vehicle identification system as confidential and exempt from disclosure and inspection pursuant to the Colorado Open Records Act, part 2 of article 72 of title 24;
(c) Not use, disclose, sell, or permit access to photographs, video, or
personal identifiable data collected by the automated motor vehicle identification system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and
(d) Destroy any photographs and video of a violation collected by the
automated vehicle identification system within three years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law.
(8) Notwithstanding any other provision of law, the aggregate amount of
revenue, exclusive of court and operations costs, collected by the state as civil penalties for violations detected by automated vehicle identification systems must be credited to the state highway fund and used by the department only to fund road safety projects, as defined in section 43-4-803 (21), of the type described in section 43-4-803 (21)(b). The department shall prioritize funding to those road safety projects with the highest potential to reduce vulnerable road user injuries and fatalities while taking into account the planning capacity of each region.
Source: L. 97: Entire section added, p. 1667, � 1, effective June 5. L. 99: (1.5)
and (4.5) added and (2), (4), and (5) amended, p. 612, � 1, effective May 17. L. 2002: (2)(a), (2)(d), and (4.5) amended and (2)(f), (2)(g), and (4.7) added, pp. 570, 572, �� 1, 2, effective May 24. L. 2004: (2)(d) amended, p. 351, � 1, effective August 4. L. 2008: (1.5) and (2)(g)(I) amended and (1.7) and (4)(b)(III) added, pp. 2080, 2081, �� 4, 5, effective June 3. L. 2009: (2)(d) amended, (SB 09-222), ch. 150, p. 629, � 1, effective August 5. L. 2021: (2)(c) repealed, (HB 21-1314), ch. 460, p. 3101, � 16, effective January 1, 2022. L. 2023: Entire section amended, (SB 23-200), ch. 354, p. 2123, � 1, effective June 5 (see editor's note). L. 2024: (1.1), (2)(a)(X), (2)(g)(I.3), (2)(g)(I.4), (2)(g)(I.5), (2)(g)(I.6), (2)(g)(I.7), (2.5), and (8) added, (1.7) and (6) repealed, and IP(2), (2)(g)(I), (2)(g)(IV), (4)(b)(III), and (4.5) amended, (SB 24-195), ch. 432, p. 3025, � 1, effective June 5. L. 2025: (1.1)(a)(II) and (2)(g)(III) amended and (1.1)(a.7), (2)(d)(III), and (4.6) added, (HB 25-1230), ch. 249, p. 1247, � 1, effective May 24; (1.5) amended, (SB 25-300), ch. 428, p. 2459, � 69, effective August 6.
Editor's note: (1) Section 2 of chapter 354 (SB 23-200), provides that
subsection (3) is effective June 1, 2024.
(2) Section 3 of chapter 249 (HB 25-1230), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed on or after May 24, 2025.
Cross references: Section 1 of chapter 412, Session Laws of Colorado 2008,
provides that the act amending subsections (1.5) and (2)(g)(I) and enacting subsections (1.7) and (4)(b)(III) shall be known and may be cited as the Charles Mather Highway Safety Act.
C.R.S. § 42-4-235
42-4-235. Minimum standards for commercial vehicles - motor carrier safety fund - created - definitions - rules - penalties. (1) As used in this section, unless the context otherwise requires:
(a) Commercial vehicle means:
(I) A self-propelled or towed vehicle:
(A) Bearing an apportioned plate;
(B) Having a manufacturer's gross vehicle weight rating or gross
combination rating of at least sixteen thousand one pounds and used in commerce on public highways; or
(C) Having a manufacturer's gross vehicle weight rating or gross
combination rating of at least sixteen thousand one pounds and used to transport sixteen or more passengers, including the driver, unless the vehicle is a school bus regulated in accordance with section 42-4-1904 or a vehicle that does not have a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned or operated by a school district so long as the school district does not receive remuneration, other than reimbursement of the school district's costs, for the use of the vehicle;
(II) Any motor vehicle designed or equipped to transport other motor vehicles
from place to place by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on the public highways of this state; and
(III) A motor vehicle that is used on the public highways and transports
materials determined by the secretary of transportation to be hazardous under 49 U.S.C. sec. 5103 in such quantities as to require placarding under 49 CFR parts 172 and 173.
(b) Repealed.
(c) Motor carrier means every person, lessee, receiver, or trustee appointed
by any court whatsoever owning, controlling, operating, or managing any commercial vehicle as defined in paragraph (a) of this subsection (1).
(2) (a) A person shall not operate a commercial vehicle as defined in
subsection (1) of this section on any public highway of this state unless the vehicle is in compliance with the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. A person that violates the rules, including any intrastate motor carrier, is subject to the civil penalties authorized pursuant to 49 CFR 386, subpart G. A person that uses an independent contractor is not liable for penalties imposed on the independent contractor for equipment, acts, and omissions within the independent contractor's control or supervision. A state agency or court collecting civil penalties pursuant to this article 4 shall transmit the civil penalties to the state treasurer, who shall credit them to the highway users tax fund created in section 43-4-201 for allocation and expenditure as specified in section 43-4-205 (5.5)(a).
(b) Notwithstanding paragraph (a) of this subsection (2):
(I) Intrastate motor carriers shall not be subject to any provisions in 49 CFR,
part 386, subpart G that relate the amount of a penalty to a violator's ability to pay, and such penalties shall be based upon the nature and gravity of the violation, the degree of culpability, and such other matters as justice and public safety may require;
(II) When determining the assessment of a civil penalty for safety violations,
the period of a motor carrier's safety compliance history that a compliance review officer may consider shall not exceed three years;
(III) The intrastate operation of implements of husbandry shall not be subject
to the civil penalties provided in 49 CFR, part 386, subpart G. Nothing in this subsection (2) shall be construed to repeal, preempt, or negate any existing regulatory exemption for agricultural operations, intrastate farm vehicle drivers, intrastate vehicles or combinations of vehicles with a gross vehicle weight rating of not more than twenty-six thousand pounds that do not require a commercial driver's license to operate, or any successor or analogous agricultural exemptions, whether based on federal or state law.
(IV) This section does not apply to a motor vehicle or motor vehicle and
trailer combination:
(A) With a gross vehicle weight, gross vehicle weight rating, or gross
combination rating of less than twenty-six thousand one pounds;
(B) Not operated in interstate commerce;
(C) Not transporting hazardous materials requiring placarding;
(D) Not transporting either sixteen or more passengers including the driver
or eight or more passengers for compensation; and
(E) If the motor vehicle or combination is being used solely for agricultural
purposes.
(c) The Colorado state patrol has exclusive enforcement authority to
conduct compliance reviews, as defined in 49 CFR 385.3, and to impose civil penalties pursuant to the reviews. This subsection (2)(c) does not expand or limit the ability of local governments to conduct roadside safety inspections.
(d) (I) Pursuant to section 42-3-120, upon notice from the Colorado state
patrol, for a carrier that fails to pay in full a civil penalty imposed pursuant to this subsection (2) within thirty days after notification of the penalty or fails to cooperate with the completion of a compliance review within thirty days after notification of the failure to cooperate, the department shall:
(A) Cancel the motor carrier's registration; and
(B) Enter both the motor carrier and its vehicles as out-of-service in the
federal motor carrier safety administration system of record.
(II) Repealed.
(3) Any motor carrier operating a commercial vehicle within Colorado must
declare knowledge of the rules adopted by the chief of the Colorado state patrol pursuant to subsection (4) of this section. The declaration of knowledge shall be in writing on a form provided by the Colorado state patrol. The form must be signed and returned by a motor carrier according to rules adopted by the chief.
(4) (a) (I) Except as described in subsection (4)(a)(III) of this section, the chief
of the Colorado state patrol shall adopt rules for the operation of all commercial vehicles and, as specified in subsection (4)(a)(II) of this section, vehicles that would be commercial vehicles but for the fact that they have a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds. In adopting the rules, the chief shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, notification and reporting of accidents, hours of service of drivers, inspection, repair and maintenance of motor vehicles, financial responsibility, insurance, and employee safety and health standards; except that rules regarding financial responsibility and insurance do not apply to a commercial vehicle as defined in subsection (1) of this section that is also subject to regulation by the public utilities commission under article 10.1 of title 40. On and after September 1, 2003, all commercial vehicle safety inspections conducted to determine compliance with rules promulgated by the chief pursuant to this subsection (4)(a) must be performed by an enforcement official, as defined in section 42-20-103 (2), who has been certified by the commercial vehicle safety alliance, or any successor organization thereto, to perform level I inspections.
(II) With respect to the operation of all vehicles that would be commercial
vehicles but for the fact that they have a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one pounds or more but not more than sixteen thousand pounds, the chief of the Colorado state patrol may adopt rules that authorize the Colorado state patrol to:
(A) Annually inspect these vehicles;
(B) Enforce with respect to these vehicles all requirements for the securing
of loads that apply to commercial vehicles; and
(C) Enforce with respect to these vehicles all requirements relating to the
use of coupling devices for commercial vehicles.
(III) Rules establishing insurance requirements for vehicles used by licensed
river outfitters are established by the parks and wildlife commission pursuant to section 33-32-103 (1)(e).
(b) The Colorado public utilities commission may enforce safety rules of the
chief of the Colorado state patrol governing commercial vehicles described in subparagraphs (I) and (II) of paragraph (a) of subsection (1) of this section pursuant to his or her authority to regulate motor carriers as defined in section 40-10.1-101, C.R.S., including the issuance of civil penalties for violations of the rules as provided in section 40-7-113, C.R.S.
(5) Any person who violates a rule promulgated by the chief of the Colorado
state patrol pursuant to this section or fails to comply with subsection (3) of this section commits a class 2 misdemeanor traffic offense.
(6) The motor carrier safety fund is created in the state treasury. The fund
consists of moneys transferred from the public utilities commission motor carrier fund pursuant to section 40-2-110.5 (9)(a), C.R.S. Moneys in the fund are subject to appropriation by the general assembly for the direct and indirect costs of the advancement of highway safety relating to commercial carrier operations pursuant to this section. All interest derived from the deposit and investment of moneys in the fund are credited to the fund, and any moneys not appropriated remain in the fund and do not transfer or revert to the general fund or any other fund.
Source: L. 94: Entire title amended with relocations, p. 2267, � 1, effective
January 1, 1995. L. 96: (1)(a) and (4) amended, p. 1548, � 7, effective July 1. L. 2001: (1)(a)(I) amended, p. 292, � 1, effective August 8. L. 2002: (2) amended, p. 284, � 1, effective April 18. L. 2003: (4)(a) amended, p. 664, � 1, effective August 6. L. 2005: (2)(a) amended, p. 149, � 27, effective April 5. L. 2006: (1)(a) amended, p. 1063, � 1, effective July 1. L. 2007: (2)(d) added, p. 857, � 1, effective July 1. L. 2009: (4)(a) amended, (HB 09-1244), ch. 430, p. 2392, � 2, effective August 5. L. 2011: (4) amended, (HB 11-1198), ch. 127, p. 425, � 26, effective August 10. L. 2012: (1)(b) repealed and (2)(a), (2)(d)(I), (3), (4), and (5) amended, (HB 12-1019), ch. 135, p. 466, � 9, effective July 1; (2)(b)(IV) added, (SB 12-059), ch. 116, p. 397, � 1, effective August 8. L. 2014: (6) added, (HB 14-1081), ch. 8, p. 90, � 2, effective February 27. L. 2017: (1)(a)(I) and (4)(a) amended, (HB 17-1061), ch. 55, p. 174, � 1, effective March 20. L. 2019: (4)(a)(I) amended and (4)(a)(III) added, (SB 19-160), ch. 416, p. 3662, � 5, effective August 2. L. 2023: (2)(a), (2)(c), and (2)(d)(I) amended, (SB 23-012), ch. 179, p. 875, � 1, effective August 7 (see editor's note).
Editor's note: (1) This section is similar to former � 42-4-234 as it existed
prior to 1994, and the former � 42-4-235 was relocated to � 42-4-236.
(2) Subsection (2)(d)(II)(B) provided for the repeal of subsection (2)(d)(II),
effective July 1, 2009. (See L. 2007, p. 857.)
(3) Section 4 of chapter 179 (SB 23-012), provides that subsection (2)(d)(I)(B)
is effective April 30, 2024.
Cross references: For the penalty for class 2 misdemeanor traffic offenses
generally, see � 42-4-1701 (3)(a)(II); for the penalty and surcharge for equipment violations of this section, see � 42-4-1701 (4)(a)(I)(D).
C.R.S. § 42-4-239
42-4-239. Use of a mobile electronic device - definitions - penalty. (1) As used in this section, unless the context otherwise requires:
(a) Emergency means a circumstance in which an individual:
(I) Has reason to fear for the individual's life or safety or believes that a
criminal act may be perpetrated against the individual or another individual, requiring the use of a mobile electronic device when the individual is driving a motor vehicle; or
(II) Reports a fire, a traffic accident in which one or more injuries are
apparent, a serious road hazard, a medical or hazardous materials emergency, or an individual who is driving in a reckless, careless, or unsafe manner.
(b) First responder means:
(I) A peace officer, as described in section 16-2.5-101;
(II) A firefighter, as defined in section 29-5-203 (10);
(III) A volunteer firefighter, as defined in section 31-30-1102 (9)(a);
(IV) An emergency medical service provider, as defined in section 25-3.5-103
(8); or
(V) Any other individual who responds in a professional capacity to a public
safety emergency.
(c) Hands-free accessory means an accessory with a feature or function
that enables an individual to use a mobile electronic device without using either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.
(d) (I) Mobile electronic device means a handheld or portable electronic
device capable of providing voice communication between two or more persons, amusement, or the wireless transfer of data.
(II) Mobile electronic device does not include:
(A) A radio, citizens band radio, or citizens band radio hybrid;
(B) A commercial two-way radio communication device or its functional
equivalent;
(C) A subscription-based emergency communication device;
(D) A prescribed medical device;
(E) An amateur or ham radio device; or
(F) Systems that are designed for and installed within the vehicle's
electronics, such as an in-vehicle security, navigation, communications, or remote diagnostics system.
(e) Operating a motor vehicle means driving a motor vehicle on a public
highway. Operating a motor vehicle does not include maintaining the instruments of control of a motor vehicle while the motor vehicle is at rest in a shoulder lane or lawfully parked.
(f) Use or using means:
(I) Physically holding a mobile electronic device in the driver's hand or
pinning a mobile electronic device to a driver's ear to conduct voice-based communication; except that an individual may use a speaker or other listening device that is built into protective headgear or a device or portion of a device that only covers all or a portion of one ear and that is connected to a wireless, handheld telephone as provided in section 42-4-1411;
(II) Watching a video or movie on a mobile electronic device, other than
watching data related to the navigation of the motor vehicle; or
(III) Writing, sending, or reading text-based communication, including a text
message, instant message, email, or internet data, on a mobile electronic device; except that text-based communication does not include:
(A) A voice-based communication that is automatically converted by the
mobile electronic device to be sent as a message in written form; or
(B) Communication concerning the navigation of a motor vehicle.
(2) Except as specified in subsection (3) of this section, an individual shall
not use a mobile electronic device while operating a motor vehicle.
(3) It is not a violation of subsection (2) of this section to use a mobile
electronic device:
(a) To contact a public safety entity;
(b) During an emergency;
(c) When an employee or contractor of a utility is acting within the scope of
the employee's or contractor's duties when responding to a utility emergency;
(d) When an employee or contractor of a city or county is acting within the
scope of the employee's or contractor's duties as a code enforcement officer or animal protection officer; or
(e) During the performance of a first responder's official duties.
(4) (a) Except as provided in subsection (4)(b) of this section, an individual
who violates this section commits a class A traffic infraction, and the court shall assess a penalty as follows:
(I) A fine of seventy-five dollars and a surcharge of ten dollars for the first
offense within the immediately preceding twenty-four months;
(II) A fine of one hundred fifty dollars and a surcharge of ten dollars for the
second offense within the immediately preceding twenty-four months; or
(III) A fine of two hundred fifty dollars and a surcharge of ten dollars for the
third or subsequent offense within the immediately preceding twenty-four months.
(b) (I) An individual charged with violating subsection (2) of this section shall
not be convicted if the individual:
(A) Produces a hands-free accessory or proof of purchase of a hands-free
accessory; and
(B) Affirms under penalty of perjury that the individual has not previously
had a charge dismissed under this subsection (4)(b).
(II) The court clerk may dismiss the charge if the clerk verifies that the
individual has complied with both subsections (4)(b)(I)(A) and (4)(b)(I)(B) of this section.
(c) If the individual's actions are the proximate cause of bodily injury to
another, the individual commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701 (3)(a)(II).
(d) If the individual's actions are the proximate cause of death to another, the
individual commits a class 1 misdemeanor traffic offense and shall be punished as provided in section 42-4-1701 (3)(a)(II).
(5) This section does not apply to an individual with a commercial driver's
license who is operating a commercial vehicle.
(6) An individual operating a motor vehicle shall not be cited for a violation of
subsection (2) of this section unless a law enforcement officer saw the individual use a mobile electronic device in a manner that caused the individual to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, as prohibited by section 42-4-1402.
(7) This section does not authorize the seizure and forfeiture of a mobile
electronic device, unless otherwise provided by law.
Source: L. 2005: Entire section added, p. 267, � 1, effective August 8. L.
2009: Entire section amended, (HB 09-1094), ch. 375, p. 2043, � 1, effective December 1. L. 2017: (2), (3), (5), and (6)(b) amended and (5.5) added, (SB 17-027), ch. 279, p. 1523, � 1, effective June 1. L. 2024: Entire section R&RE, (SB 24-065), ch. 431, p. 3018, � 1, effective January 1, 2025.
C.R.S. § 42-4-304
42-4-304. Definitions relating to motor vehicle inspection and readjustment program - rules. As used in sections 42-4-301 to 42-4-316.5, unless the context otherwise requires:
(1) AIR program or program means the automobile inspection and
readjustment program until replaced as provided in sections 42-4-301 to 42-4-316, the basic emissions program, and the enhanced emissions program established pursuant to sections 42-4-301 to 42-4-316.
(2) Basic emissions program means the inspection and readjustment
program, established pursuant to the federal act, in the counties set forth in paragraph (b) of subsection (20) of this section.
(3) (a) Certification of emissions control means one of the following
certifications, to be issued to the owner of a motor vehicle which is subject to the automobile inspection and readjustment program to indicate the status of inspection requirement compliance of said vehicle:
(I) Certification of emissions waiver, indicating that the emissions of other
than chlorofluorocarbons from the vehicle do not comply with the applicable emissions standards and criteria after inspection, adjustment, and emissions-related repairs in accordance with section 42-4-310.
(II) Certification of emissions compliance, indicating that the emissions
from said vehicle comply with applicable emissions and opacity standards and criteria at the time of inspection or after required adjustments or repairs.
(b) (I) The certification of emissions control will be issued to the vehicle
owner at the time of sale or transfer except as provided in section 42-4-310 (1)(a)(I). The certification of emissions control will be in effect for twenty-four months for 1982 and newer model vehicles. 1981 and older model vehicles and all vehicles inspected by the fleet-only air inspection stations shall be issued certifications of emissions control valid for twelve months.
(II) Except as provided in section 42-4-309, the executive director shall
establish a biennial inspection schedule for 1982 and newer model vehicles, an annual inspection schedule for 1981 and older model vehicles, and a five-year inspection schedule for a 1976 or newer motor vehicle registered as a collector's item.
(c) Repealed.
(d) Subject to section 42-4-310 (4), the certification of emissions control
shall be obtained by the seller and transferred to the new owner at the time of vehicle sale or transfer.
(e) For purposes of this subsection (3), sale or transfer shall not include a
change only in the legal ownership as shown on the vehicle's documents of title, whether for purposes of refinancing or otherwise, that does not entail a change in the physical possession or use of the vehicle.
(3.5) Clean screen program means the remote sensing system or other
emission profiling system established and operated pursuant to sections 42-4-305 (12), 42-4-306 (23), 42-4-307 (10.5), and 42-4-310 (5).
(4) Commission means the air quality control commission, created in
section 25-7-104, C.R.S.
(5) Contractor means a person, partnership, entity, or corporation that is
awarded a contract by the division, in consultation with the executive director and in accordance with the Procurement Code, articles 101 to 112 of title 24, and section 42-4-306, to provide inspection services for vehicles required to be inspected in accordance with section 42-4-310 within the enhanced emissions program area, as set forth in subsection (9) of this section; to operate enhanced inspection centers necessary to perform inspections; and to operate the clean screen program within the program area.
(6) Division means the division of administration in the department of
public health and environment.
(7) Emissions inspector means:
(a) An individual trained and licensed in accordance with section 42-4-308 to
inspect motor vehicles at an inspection-only facility, fleet inspection station, or motor vehicle dealer test facility subject to the enhanced emissions program set forth in this part 3; or
(b) An individual employed by an enhanced inspection center who is
authorized by the contractor to inspect motor vehicles subject to the enhanced emissions program set forth in this part 3 and subject to the direction of said contractor.
(8) Emissions mechanic means an individual licensed in accordance with
section 42-4-308 to inspect and adjust motor vehicles subject to the automobile inspection and readjustment program until such program is replaced as provided in sections 42-4-301 to 42-4-316 and to the basic emissions program after such replacement.
(8.5) Enhanced emissions inspection means a motor vehicle emissions
inspection conducted pursuant to the enhanced emissions program, including a detection of high emissions by remote sensing, an identification of high emitters, a clean screen inspection, or an inspection conducted at an enhanced inspection center.
(9) (a) Enhanced emissions program means the emissions inspection
program established pursuant to the federal requirements set forth in the federal performance standards, 40 CFR 51, subpart S, in the locations set forth in paragraph (c) of subsection (20) of this section.
(b) (Deleted by amendment, L. 2009, (SB 09-003), ch. 322, p. 1714, � 1,
effective June 1, 2009.)
(10) Enhanced inspection center means a strategically located, single- or
multi-lane, high-volume, inspection-only facility operated in the enhanced emissions program area by a contractor not affiliated with any other automotive-related service, which meets the requirements of sections 42-4-305 and 42-4-306, which is equipped to enable vehicle exhaust gas and evaporative and chlorofluorocarbon emissions inspections, and which the owner or operator is authorized to operate by the executive director as an inspection-only facility.
(11) Environmental protection agency means the federal environmental
protection agency.
(12) Executive director means the executive director of the department of
revenue or the designee of such executive director.
(13) Federal act means the federal Clean Air Act, 42 U.S.C. sec. 7401 et
seq., as in effect on November 15, 1990, and any federal regulation promulgated pursuant to said act.
(14) Federal requirements means regulations of the environmental
protection agency pursuant to the federal act.
(15) Fleet inspection station means a facility which meets the requirements
of section 42-4-308, which is equipped to enable appropriate emissions inspections as prescribed by the commission and which the owner or operator is licensed to operate by the executive director as an inspection station for purposes of emissions testing on vehicles pursuant to section 42-4-309.
(15.5) Repealed.
(16) Inspection and readjustment station means:
(a) Repealed.
(b) (I) A facility within the basic emissions program area as defined in
subsection (20) of this section which meets the requirements of section 42-4-308, which is equipped to enable vehicle exhaust, evaporative, and chlorofluorocarbon emissions inspections and any necessary adjustments and repairs to be performed, and which facility the owner or operator is licensed by the executive director to operate as an inspection and readjustment station.
(II) This paragraph (b) is effective January 1, 1994.
(17) (a) Inspection-only facility means a facility operated by an independent
owner-operator within the enhanced program area as defined in subsection (20) of this section which meets the requirements of section 42-4-308 and which is equipped to enable vehicle exhaust, evaporative, and chlorofluorocarbon emissions inspections and which facility the operator is licensed to operate by the executive director as an inspection-only facility. Such inspection-only facility shall be authorized to conduct inspections on model year 1981 and older vehicles.
(b) This subsection (17) is effective January 1, 1995.
(18) Motor vehicle, as applicable to the AIR program, includes only a motor
vehicle that is operated with four wheels or more on the ground, self-propelled by a spark-ignited engine burning gasoline, gasoline blends, gaseous fuel, blends of liquid gasoline and gaseous fuels, alcohol, alcohol blends, or other similar fuels, having a personal property classification of A, B, or C pursuant to section 42-3-106, and for which registration in this state is required for operation on the public roads and highways or which motor vehicle is owned or operated or both by a nonresident who meets the requirements set forth in section 42-4-310 (1)(c). Motor vehicle does not include kit vehicles; vehicles registered pursuant to section 42-12-301 or 42-3-306 (4); vehicles registered pursuant to section 42-12-401 that are of model year 1975 or earlier or that have two-stroke cycle engines manufactured prior to 1980; or vehicles registered as street-rods pursuant to section 42-3-201.
(19) (a) Motor vehicle dealer test facility means a stationary or mobile
facility which is operated by a state trade association for motor vehicle dealers which is licensed to operate by the executive director as a motor vehicle dealer test facility to conduct emissions inspections.
(b) (I) Inspections conducted pursuant to section 42-4-309 (3) by a motor
vehicle dealer test facility shall only be conducted on used motor vehicles inventoried or consigned in this state for retail sale by a motor vehicle dealer that is licensed pursuant to part 1 of article 20 of title 44 and that is a member of the state trade association operating the motor vehicle dealer test facility.
(II) [Editor's note: This version of subsection (19)(b)(II) is effective until July
1, 2027.] Inspection procedures used by a motor vehicle dealer test facility pursuant to this paragraph (b) shall include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests pursuant to rules and regulations of the commission.
(II) [Editor's note: This version of subsection (19)(b)(II) is effective July 1,
-
For the applicability of this subsection (19)(b)(II) on or after January 1, 2028, see the editor's note following this section.] Except as provided in section 42-4-310 (2)(a)(II), inspection procedures used by a motor vehicle dealer test facility pursuant to this subsection (19)(b) must include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests pursuant to rules of the commission.
(20) (a) Program area means the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver, excluding the following areas and subject to paragraph (d) of this subsection (20):
(I) That portion of Adams county that is east of Kiowa creek (Range sixty-two west, townships one, two, and three south) between the Adams-Arapahoe county line and the Adams-Weld county line;
(II) That portion of Arapahoe county that is east of Kiowa creek (Range sixty-two west, townships four and five south) between the Arapahoe-Elbert county line and the Arapahoe-Adams county line;
(III) That portion of El Paso county that is east of the following boundary, defined on a south-to-north axis: From the El Paso-Pueblo county line north (upstream) along Chico creek (Ranges 63 and 64 West, Township 17 South) to Hanover road, then east along Hanover road (El Paso county route 422) to Peyton highway, then north along Peyton highway (El Paso county route 463) to Falcon highway, then west on Falcon highway (El Paso county route 405) to Peyton highway, then north on Peyton highway (El Paso county route 405) to Judge Orr road, then west on Judge Orr road (El Paso county route 108) to Elbert road, then north on Elbert road (El Paso county route 91) to the El Paso-Elbert county line;
(IV) That portion of Larimer county that is west of the boundary defined on a north-to-south axis by Range seventy-one west and north of the boundary defined on an east-to-west axis by township five north, that portion that is west of the boundary defined on a north-to-south axis by range seventy-three west, and that portion that is north of the boundary latitudinal line 40 degrees, 42 minutes, 47.1 seconds north;
(V) That portion of Weld county that is north of the boundary defined on an east-to-west axis by Weld county road 78; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 43 and north of the boundary defined on an east-to-west axis by Weld county road 62; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 49, south of the boundary defined on an east-to-west axis by Weld county road 62 and north of the boundary defined on an east-to-west axis by Weld county road 46; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 27, south of the boundary defined on an east-to-west axis by Weld county road 46 and north of the boundary defined on an east-to-west axis by Weld county road 36; that portion that is east of the boundary defined on a north-to-south axis by Weld county road 19, south of the boundary defined on an east-to-west axis by Weld county road 36 and north of the boundary defined on an east-to-west axis by Weld county road 20; and that portion that is east of the boundary defined on a north-to-south axis by Weld county road 39 and south of the boundary defined on an east-to-west axis by Weld county road 20.
(b) Effective January 1, 2010, the basic emissions program area shall consist of the county of El Paso, as described in paragraph (a) of this subsection (20).
(c) (I) Effective January 1, 2010, the enhanced emissions program area shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, Jefferson, Larimer, and Weld, and the cities and counties of Broomfield and Denver as described in paragraph (a) of this subsection (20) and subject to paragraph (d) of this subsection (20). Notwithstanding any other provision of this section, vehicles registered in the counties of Larimer and Weld shall not be required to obtain a certificate of emissions control prior to July 1, 2010, in order to be registered or reregistered.
(II) (Deleted by amendment, L. 2003, p. 1357, � 1, effective August 6, 2003.)
(III) Only those counties included in the basic emissions program area pursuant to paragraph (b) of this subsection (20) that violate national ambient air quality standards for carbon monoxide or ozone as established by the environmental protection agency may, on a case-by-case basis, be incorporated into the enhanced emissions program by final order of the commission.
(d) The commission shall review the boundaries of the program area and may, by rule promulgated on or before December 31, 2011, adjust such boundaries to exclude particularly identified regions from either the basic program area, the enhanced area, or both, based on an analysis of the applicable air quality science and the effects of the program on the population living in such regions.
(21) Registered repair facility or technician means an automotive repair business which has registered with the division, agrees to have its emissions-related cost effectiveness monitored based on inspection data, and is periodically provided performance statistics for the purpose of improving emissions-related repairs. Specific repair effectiveness information shall subsequently be provided to motorists at the time of inspection failure.
(22) State implementation plan or SIP means the plan required by and described in section 110 (a) of the federal act.
(23) Technical center means any facility operated by the division or its designee to support AIR program activities including but not limited to licensed emissions inspectors or emissions mechanics, motorists, repair technicians, or small business technical assistance.
(23.5) Vehicle means a motor vehicle as defined in subsection (18) of this section.
(24) Verification of emissions test means a certificate to be attached to a motor vehicle's windshield verifying that the vehicle has been issued a valid certification of emissions control.
Source: L. 94: (17) amended, p. 1647, � 84, effective May 31; (6) amended, p. 2809, � 582, effective July 1; entire title amended with relocations, p. 2274, � 1, effective January 1, 1995. L. 95: (5) and (9) amended, p. 953, � 8, effective May 25. L. 96: (18) amended, p. 441, � 6, effective July 1. L. 98: (3)(d) amended, p. 230, � 1, effective April 10; (3.5) added, p. 891, � 1, effective May 26. L. 2001: (5) amended and (8.5) added, p. 1013, � 2, effective June 5. L. 2003: (3)(e) added, p. 1589, � 6, effective May 2; (3)(b)(I) amended, p. 1602, � 1, effective August 6; (3)(d) amended, p. 2186, � 1, effective August 6; IP(20)(a), (20)(c)(I), and (20)(c)(II) amended and (20)(d) added, p. 1357, � 1, effective August 6. L. 2005: (3)(b)(I) and (18) amended, p. 1173, � 11, effective August 8. L. 2006: (15.5) and (23.5) added, p. 1025, � 2, effective July 1; (18) amended, p. 1411, � 2, effective July 1, 2007. L. 2009: (2), (3)(c), (9), (18), and (20) amended, (SB 09-003), ch. 322, p. 1714, � 1, effective June 1. L. 2010: (18) amended, (SB 10-212), ch. 412, p. 2038, � 17, effective July 1. L. 2011: (3)(c) repealed and (18) amended, (SB 11-031), ch. 86, p. 245, �� 8, 9, effective August 10. L. 2012: (15.5) repealed, (SB 12-034), ch. 107, p. 363, � 2, effective August 8. L. 2013: (3)(b) amended, (HB 13-1300), ch. 316, p. 1709, � 138, effective August 7; (3)(b)(II) amended, (HB 13-1071), ch. 370, p. 2161, � 3, effective August 7. L. 2017: (19)(b)(I) amended, (SB 17-240), ch. 395, p. 2065, � 51, effective July 1. L. 2018: (19)(b)(I) amended, (SB 18-030), ch. 7, p. 141, � 17, effective October 1. L. 2025: IP and (5) amended, (SB 25-321), ch. 387, p. 2172, � 1, effective August 6; (19)(b)(II) amended, (HB 25-1281), ch. 176, p. 736, � 4, effective July 1, 2027.
Editor's note: (1) This section is similar to former � 42-4-307 as it existed prior to 1994.
(2) Subsection (17) was originally numbered as � 42-4-307 (16.5), and the amendments to it in Senate Bill 94-206 were harmonized with Senate Bill 94-001; amendments to subsection (6) in House Bill 94-1029 were harmonized with Senate Bill 94-001.
(3) Subsection (16)(a)(II)(C) provided for the repeal of subsection (16)(a), effective July 1, 1995. (See L. 94, p. 2274.)
(4) Amendments to subsection (3)(b)(II) by House Bill 13-1071 and House Bill 13-1300 were harmonized.
(5) Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado 2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.
Cross references: For the legislative declaration contained in the 2001 act amending subsection (5) and enacting subsection (8.5), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsections (15.5) and (23.5), see section 1 of chapter 225, Session Laws of Colorado 2006.
C.R.S. § 42-4-305
42-4-305. Powers and duties of executive director - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - rules. (1) (a) The executive director is authorized to issue, deny, cancel, suspend, or revoke licenses for, and shall furnish instructions to, inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers. The executive director shall provide all necessary forms for inspection and readjustment stations, inspection-only facilities, and fleet inspection stations. Motor vehicle dealer test facilities and enhanced inspection centers shall purchase necessary inspection forms from the vendor or vendors identified by the executive director. Said inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers shall be responsible for the issuance of certifications of emissions control. The executive director is authorized to furnish forms and instructions and issue or deny licenses to, or cancel, suspend, or revoke licenses of, emissions inspectors and emissions mechanics. The initial biennial fee for an inspection and readjustment station license, an inspection-only facility license, a fleet inspection station license, a motor vehicle dealer test facility license, and an enhanced inspection center authorization shall be thirty-five dollars, and the biennial renewal fee shall be twenty dollars. The initial biennial fee for issuance of an emissions inspector license or an emissions mechanic license shall be fifteen dollars, and the biennial renewal fee shall be ten dollars. The fee for each transfer of an emissions inspector license or an emissions mechanic license shall be ten dollars. The moneys received from such fees shall be deposited to the credit of the AIR account in the highway users tax fund, and such moneys shall be expended by the department of revenue only for the administration of the inspection and readjustment program upon appropriation by the general assembly.
(b) Notwithstanding the amount specified for any fee in paragraph (a) of this
subsection (1), the executive director of the department by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director of the department by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(2) The executive director shall supervise the activities of licensed inspection
and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, authorized enhanced inspection centers, licensed emissions inspectors, and licensed emissions mechanics and shall cause inspections to be made of such stations, facilities, centers, inspectors, and mechanics and appropriate records for compliance with licensing requirements.
(3) The executive director shall require the surrender of any license issued
under section 42-4-308 upon cancellation, suspension, or revocation action taken for a violation of any of the provisions of sections 42-4-301 to 42-4-316 or of any of the regulations promulgated pursuant thereto. In any such actions affecting licenses, the executive director may conduct hearings as a result of which such action is to be taken. Any such hearing may be conducted by a hearing officer appointed at the request of the executive director in accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S., which shall govern the conduct of such hearings and action on said licenses, except as provided in section 42-4-312 (4).
(4) The executive director shall promulgate rules and regulations consistent
with those of the commission for the administration and operation of inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers and for the issuance, identification, and use of certifications of emissions control and shall promulgate such rules and regulations as may be necessary to the effectiveness of the automobile inspection and readjustment program.
(5) The executive director shall promulgate rules and regulations which
require that each licensed inspection and readjustment station, inspection-only facility, or enhanced inspection center post in a clearly legible fashion in a conspicuous place in such station, facility, or center the fee charged by such station, facility, or center for performing an emissions inspection and, within the basic program area, the fee charged by any such inspection and readjustment station for performing the adjustments and any repairs required for the issuance of a certification of emissions waiver.
(6) (a) The executive director shall promulgate such rules and regulations as
may be necessary to implement an ongoing quality assurance program to discover, correct, and prevent fraud, waste, and abuse and to determine whether proper procedures are being followed, whether the emissions test equipment is calibrated as specified, and whether other problems exist which would impede the success of the program.
(b) (I) The department shall conduct overt performance audits as follows:
(A) At least twice per year at each inspection and readjustment station,
inspection-only facility, and motor vehicle dealer test facility;
(B) At least twice per year at each fleet inspection station;
(C) At least twice per year for each test lane at each enhanced inspection
center.
(II) In addition to regularly scheduled overt performance audits, the
department may perform additional risk-based overt performance audits for stations and facilities employing inspectors or mechanics suspected of violating rules as a result of an audit, data analysis, or consumer complaint.
(c) (I) The department shall conduct covert audits using unmarked motor
vehicles at least once per year per number of inspectors at each inspection-only facility and enhanced inspection center;
(II) In addition to regularly scheduled covert audits, the department may
perform additional risk-based covert audits for stations and facilities employing inspectors or mechanics suspected of violating rules as a result of an audit, data analysis, or consumer complaint.
(d) Record audits to review the performance of inspection-only facilities,
motor vehicle dealer test facilities, and enhanced inspection centers, including compliance with record-keeping and reporting requirements, shall be performed on a monthly basis.
(e) (I) The department shall perform equipment audits to verify quality
control and calibration of the required test equipment as follows:
(A) At least twice per year at each inspection and readjustment station;
(B) At least twice per year on each test lane at each inspection-only facility,
motor vehicle dealer test facility, and enhanced inspection center, to be performed contemporaneously with the overt performance audit;
(C) At least twice per year at each fleet inspection station.
(II) In addition to regularly scheduled equipment audits, the department may
perform additional risk-based equipment audits for stations and facilities employing inspectors or mechanics suspected of violating rules as a result of an audit, data analysis, or consumer complaint.
(f) The executive director shall transfer quality assurance activity results to
the department of public health and environment at least quarterly.
(7) The executive director shall implement and enforce the emissions test
requirements as prescribed in section 42-4-310 by utilizing a registration denial-based enforcement program as required in the federal act including an electronic data transfer of inspection data through the use of a computer modem or similar technology for vehicle registration and program enforcement purposes. All inspection data generated at licensed inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers shall be provided to the department of public health and environment on a timely basis.
(8) The executive director shall, by regulation, establish a method for the
owners of motor vehicles which are exempt pursuant to section 42-4-304 (20) from the AIR program to establish their entitlement to such exemption. No additional fee or charge for establishing entitlement to such exemption shall be collected by the department.
(9) The executive director shall be responsible for the issuance of
certifications of emissions waiver as prescribed by section 42-4-310 and shall be responsible for the resolution of all formal public complaints concerning test results or test requirements in the most convenient and cost-effective manner possible.
(10) (a) The executive director and the department of public health and
environment are authorized to enter into a contract or service agreement with a contractor to provide inspection services at enhanced inspection centers for vehicles within the enhanced program area required to be inspected pursuant to section 42-4-310. Any such contract or service agreement shall include such terms and conditions as are necessary to ensure that the contractor shall operate enhanced inspection centers in accordance with the requirements of this article and the federal act, shall include provisions establishing liquidated damages and penalties for failure to comply with the terms and conditions of the contract, and shall be in accordance with regulations adopted by the commission and the department of revenue. Any such contract or service agreement shall include provisions specifying that inspection and readjustment stations, inspection-only facilities, fleet inspection stations, and motor vehicle dealer test facilities shall have complete access to electronic data transfer of inspection data through computer services of the contractor at a cost equal to that of enhanced inspection centers.
(b) Upon the approval of the executive director and the department of public
health and environment, the contractor shall provide inspection services for vehicles within the enhanced program area required to be inspected pursuant to section 42-4-310.
(11) Repealed.
(12) The executive director shall promulgate rules, consistent with those of
the commission, as necessary for implementation, enforcement, and quality assurance and for procedures and policies that allow data collected from the clean screen program to be matched with vehicle ownership information and for the information to be transferred to authorized agents. The rules must set forth the procedures for the executive director to inform authorized agents of the emission inspection status of vehicles up for registration renewal.
Source: L. 94: (6)(f), (7), and (10) amended, p. 2809, � 583, effective July 1,
1994; entire title amended with relocations, p. 2280, � 1, effective January 1, 1995. L. 98: (12) added, p. 891, � 2, effective May 26; (1) amended, p. 1358, � 112, effective June 1. L. 2002: (11) amended, p. 870, � 4, effective August 7. L. 2012: (6)(b), (6)(c), and (6)(e) amended, (SB 12-012), ch. 164, p. 574, � 1, effective July 1. L. 2017: (11) repealed, (HB 17-1137), ch. 45, p. 136, � 9, effective August 9; (12) amended, (HB 17-1107), ch. 101, p. 371, � 20, effective August 9.
Editor's note: (1) This section is similar to former � 42-4-308 as it existed
prior to 1994.
(2) Amendments to subsections (6)(f), (7), and (10) by House Bill 94-1029
were harmonized with Senate Bill 94-001.
C.R.S. § 42-4-306
42-4-306. Powers and duties of commission - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - rules - repeal. (1) The commission shall develop and evaluate motor vehicle inspection and readjustment programs for the enhanced program area and basic program area and may promulgate such regulations as may be necessary to implement and maintain the necessary performance of said programs consistent with the federal act.
(2) The commission shall develop and formulate training and qualification
programs for state-employed motor vehicle emissions compliance officers to include annual auditor proficiency evaluations.
(3) (a) (I) (A) The commission shall promulgate rules and regulations for the
training, testing, and licensing of emissions inspectors and emissions mechanics and the licensing of inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and the authorization of enhanced inspection centers; the standards and specifications for the approval, operation, calibration, and certification of exhaust gas and evaporative emissions measuring instrumentation or test analyzer systems; and the procedures and practices to ensure the proper performance of inspections, adjustments, and required repairs.
(B) Specifications adopted by the commission for exhaust gas measuring
instrumentation in the program areas shall conform to the federal act and federal requirements, including electronic data transfer, and may include bar code capabilities.
(C) Upon the adoption of specifications for measuring instruments and test
analyzer systems, the division, in consultation with the executive director, may invite bids for the procurement of instruments that meet federal requirements or guidelines and the standards of the federal act. The invitation for bids for test analyzer systems for the basic emissions program and the inspection-only facilities in the enhanced emissions program must include the requirements for data collection and electronic transfer of data as established by the commission, service and maintenance requirements for such instruments for the period of the contract, requirements for replacement or loan instruments in the event that the purchased or leased instruments do not function, and the initial purchase or lease price.
(II) Points of no greater than five percent shall be assigned to those
respondents that make the greatest use of Colorado goods, services, and the participation of small business. Licensed inspection and readjustment stations, inspection-only facilities, fleet inspection stations, and motor vehicle dealer test facilities, if applicable, which are required to purchase commission-approved test analyzer systems shall purchase them pursuant to the bid procedure of the department of personnel.
(III) Mobile test analyzer systems for motor vehicle dealer test facilities shall
comply with commission specifications developed pursuant to subparagraph (I) of this paragraph (a).
(b) (I) For the enhanced emissions program, the commission shall develop
system design standards, performance standards, and contractor requirements. Upon the adoption of such criteria, the division in consultation with the executive director may, according to procedures and protocol established in the Procurement Code, articles 101 to 112 of title 24, C.R.S., enter into a contract for the design, construction, equipment, maintenance, and operation of enhanced inspection centers to serve affected motorists. The criteria for the award of such contract shall include, but shall not be limited to, such criteria as the contractor's qualifications and experience in providing emissions inspection services, financial and personnel resources available for start-up, technical or management expertise, and capacity to satisfy such requirements for the life of the contract.
(II) Inspection procedures, equipment calibration and maintenance, and data
storage and transfer shall comply with federal requirements and may include bar code capability. The system shall provide reasonable convenience to the public.
(III) Points of no greater than five percent shall be assigned to those
respondents who make the greatest use of Colorado goods, services, and participation of small businesses.
(IV) A contract for inspection services must have a term determined by the
division and is subject to rebidding under this subsection (3)(b).
(V) (A) Notwithstanding any contrary provision in the Procurement Code,
articles 101 to 112 of title 24, or this article 4, a contract for inspection services may be renewed for a term as determined by the division; except that inspection fees are determined under section 42-4-311 (6).
(B) The commission shall have rule-making authority to implement any
environmental protection agency-approved alternative emissions inspection services or technologies, including on-board diagnostics, so long as such inspection technologies provide SIP credits equal to or greater than those currently in the SIP.
(VI) Upon the division making a recommendation or during the renewal of a
contract, the commission may adopt a rule to set or adjust the inspection fees as described in section 42-4-311 (4)(a)(I) or (6)(a). The commission shall request supporting documentation or financial analyses from the contractor to inform the commission's decision. If the commission raises the fee, the division shall make a report to the transportation legislation review committee created in section 43-2-145 during the scheduled interim meetings that follow the fee change, but not less then sixty days following adoption of the rule. The report must:
(A) List the fees being changed and the amounts of the changes;
(B) Provide an explanation for the changes and an analysis of why the
changes are needed.
(4) (a) The commission shall develop a program to train and examine all
applicants for an emissions inspector or emissions mechanic license. Training of emissions inspectors who are employed at enhanced inspection centers within the enhanced emissions program area shall be administered by the contractor subject to the commission's oversight. Emissions mechanic training shall be performed by instructors certified in accordance with commission requirements. Training classes shall be funded by tuition charged to the participants unless private or federal funds are available for such training. The qualifications and licensing examination for emissions inspectors, excluding such inspectors at enhanced inspection centers, who shall be authorized by and under the direction of the contractor, shall include a test of the applicant's knowledge of the technical and legal requirements for emissions testing, knowledge of data and emissions testing systems, and an actual demonstration of the applicant's ability to perform emissions inspection procedures.
(b) Emissions inspector and emissions mechanic licenses shall expire two
years after issuance. The commission shall establish technical standards for renewing emissions inspector and emissions mechanic licenses to include requirements for retraining on a biennial schedule.
(c) The commission shall establish minimum performance criteria for
licensed emissions inspectors and emissions mechanics.
(5) The commission shall perform its duties, as provided in sections 42-4-301
to 42-4-316, with the cooperation and aid of the division.
(6) (a) The commission shall develop and adopt, and may from time to time
revise, regulations providing inspection procedures for detection of tampering with emissions-related equipment and on-board diagnostic systems and emissions standards for vehicle exhaust and evaporative gases, the detection of chlorofluorocarbons, and smoke opacity, as prescribed in section 42-4-412, with which emissions standards vehicles inspected in accordance with section 42-4-310 would be required to comply prior to issuance of certification of emissions compliance. Such inspection procedures and emissions standards shall be proven cost-effective and air pollution control-effective on the basis of detailed research conducted by the department of public health and environment in accordance with section 25-7-130, C.R.S., and shall be designed to assure compliance with the federal act, federal requirements, and the state implementation plan. Emissions standards shall be established for carbon monoxide, exhaust and evaporative hydrocarbons, oxides of nitrogen, and chlorofluorocarbons.
(b) (I) The commission shall adopt regulations which provide standards for
motor vehicles and shall adopt by December 1 of each subsequent year standards for motor vehicles of one additional model year.
(II) Standards for carbon monoxide, exhaust and evaporative hydrocarbons,
and oxides of nitrogen shall be no more stringent than those established pursuant to the federal act and federal requirements. The cut-points established for such standards prior to December 1, 1998, shall not be increased until on or after January 1, 2000.
(c) Repealed.
(d) Test procedures may authorize emissions inspectors or emissions
mechanics to refuse testing of a vehicle that would be unsafe to test or that cannot physically be inspected, as specified by the commission; except that refusal to test a vehicle for such reasons shall not excuse or exempt such vehicle from compliance with all applicable requirements of this part 3.
(7) (a) The commission shall by regulation require the owner of a motor
vehicle for which a certification of emissions control is required to obtain such certification. Such regulation shall provide:
(I) That a certification of emissions compliance be issued for the vehicle if, at
the time of inspection or, after completion of required adjustments or repairs, the exhaust and evaporative gases and visible emissions from said vehicle comply with the applicable emissions standards adopted pursuant to subsection (6) of this section, and that applicable emissions control equipment and diagnostic systems are intact and operable, and, for model year 1995 and later vehicles, compliance with each applicable emissions-related recall campaign, or remedial action, as defined by the federal act, has been demonstrated.
(II) (A) That a certification of emissions waiver be issued for the motor vehicle
if, at the time of inspection, the exhaust gas or evaporative emissions from said vehicle do not comply with the applicable emissions standards but said vehicle is adjusted or repaired by a registered repair technician or at a registered repair facility within the enhanced program area, or at a licensed inspection and repair station within the basic program area, whichever is appropriate, to motor vehicle manufacturer specifications and repair procedures as provided by regulation of the commission.
(B) Such specifications shall require that such motor vehicles be retested for
exhaust gas emissions and evaporative emissions, if applicable, after such adjustments or repairs are performed, but, except as provided in section 42-4-310 (1)(d), no motor vehicle shall be required to receive additional repairs, maintenance, or adjustments beyond such specifications or repairs following such retest as a condition for issuance of a certification of emissions waiver.
(C) A time extension not to exceed the period of one inspection cycle may be
granted in accordance with commission regulation to obtain needed repairs on a vehicle in the case of economic hardship when waiver requirements pursuant to commission regulation have not been met, but such extension may be granted only once per vehicle.
(D) Notwithstanding any provisions of this section, a temporary certificate of
emissions control may be issued by state AIR program personnel for vehicles required to be repaired, if such repairs are delayed due to unavailability of needed parts.
(E) The results of the initial test, retests, and final test shall be given to the
owner of the motor vehicle.
(F) The issuance of temporary certificates shall be entered into the main
computer database for the AIR program through the use of electronic records.
(G) The commission is authorized to reduce the emissions-related repair
expenditure limit established in section 42-4-310 (1)(d)(III) for hydrocarbons and oxides of nitrogen if applicable federal requirements are met, and the environmental protection agency has approved a maintenance plan submitted by the state to ensure continued compliance with such federal requirements.
(b) (I) The commission shall by regulation provide that no vehicle shall be
issued a certificate of emissions compliance or waiver if emissions control equipment and diagnostic or malfunction indicator systems, including microprocessor control systems, are not present, intact, and operational, if repairs were not appropriate and did not address the reason for the emissions failure, or if the vehicle emits visible smoke.
(II) The commission shall provide by regulation that no model year 1995 or
later vehicle shall be issued a certificate of emissions control unless compliance with each applicable emissions-related recall campaign or remedial action, as defined in the federal act, has been demonstrated.
(8) (a) The commission may exempt motor vehicles of any make, model, or
model year from the periodic inspection requirements of section 42-4-310.
(b) Pursuant to section 42-4-310 (1), the commission may increase the
effective duration of certifications of emissions compliance issued for new motor vehicles without inspection.
(c) Notwithstanding any other provision of this subsection (8), the
commission shall adopt rules requiring inspections of motor vehicles that are:
(I) Registered in Colorado and outside the program area;
(II) Regularly operated inside the program area;
(III) Identified as producing excess emissions under the clean screen
program; and
(IV) (A) Within the two-year vehicle inspection cycle; or
(B) Exempt from periodic inspection in accordance with rules adopted under
subsection (8)(a) of this section.
(9) (a) (I) The commission shall continuously evaluate the entire AIR program
to ensure compliance with the state implementation plan and federal law. Such evaluation shall be based on continuing research conducted by the department of public health and environment in accordance with section 25-7-130, C.R.S. Such evaluation shall include assessments of the cost-effectiveness and air pollution control-effectiveness of the program.
(II) The commission shall establish on a case-by-case basis and pursuant to
final order any area of a county included in the basic emissions program area pursuant to section 42-4-304 (2) which shall be incorporated into the enhanced emissions program because it violates national ambient air quality standards on or after January 1, 1996, as established by the environmental protection agency.
(b) Such evaluation shall include a determination of the number of motor
vehicles that fail to meet the applicable emissions standards after the adjustments and repairs required by subsection (7) of this section are made. If the commission finds that a significant number of motor vehicles do not meet the applicable emissions standards after such adjustments or repairs are made, the commission shall develop recommendations designed to improve the air pollution control-effectiveness of the program in a cost-effective manner.
(c) The evaluation shall also include an assessment of the methods of
controlling or reducing exhaust gas emissions from motor vehicles of the model year 1981 or a later model year that are equipped with microprocessor-based emissions control systems and on-board diagnostic systems. Such evaluation shall include, if necessary for such motor vehicles, the development of more accurate alternative procedures to include the adjustments and repairs specified in subparagraph (II) of paragraph (a) of subsection (7) of this section, and such alternative procedures may require the replacement of inoperative or malfunctioning emissions control components. Such alternative procedures shall be designed to achieve control of emissions from such motor vehicles which is equivalent to or greater than the control performance level provided by performance standards established pursuant to the federal act.
(d) Such evaluation shall also include an annual assessment of in-use vehicle
emissions performance levels by random testing of a representative sample of at least one-tenth of one percent of the vehicles subject to the enhanced emissions program requirements.
(10) The commission shall develop and implement, and shall revise as
necessary, inspection procedures to detect tampering, poor maintenance, mis-fueling, and contamination of emissions control systems to include proper operation of on-board diagnostic systems.
(11) (a) The commission, with the cooperation of the department of public
health and environment, the department of revenue, the contractor, and the owners or operators of the inspection and readjustment stations, inspection-only facilities, and motor vehicle dealer test facilities, shall implement an ongoing project designed to inform the public concerning the operation of the program and the benefits to be derived from such program.
(b) (I) The commission shall, as part of such project and with the cooperation
of the department of public health and environment, the department of revenue, the contractor, and the owners or operators of the inspection and readjustment stations and inspection-only facilities prepare and cause the distribution of consumer protection information for the benefit of the owners of vehicles required to be inspected pursuant to section 42-4-310.
(II) This information shall include an explanation of the program, the owner's
responsibilities under the program, the procedures to be followed in performing the inspection, the adjustments and repairs required for vehicles to pass inspection, cost expenditure limits pursuant to section 42-4-310 (1)(d) for such adjustments or repairs, the availability of diagnostic information to aid repairs, and a listing of registered repair facilities and technicians, and the package may include information on other aspects of the program as the commission determines to be appropriate.
(c) In addition to distribution of such information, the commission shall
actively seek the assistance of the electronic and print media in communicating such information to the public and shall utilize such other means and manners of disseminating the information as are likely to effectuate the purpose of the program.
(12) (a) The commission, with the cooperation of the executive director of the
department of public health and environment, shall conduct or cause to be conducted research concerning the presence of pollutants in the ambient air, which research shall include continuous monitoring of ambient air quality and modeling of sources concerning their impacts on air quality. Such research shall identify pollutants in the ambient air which originate from motor vehicle exhaust gas emissions and shall identify, quantify, and evaluate the ambient air quality benefit derived from the automobile inspection and readjustment program, from the federal new motor vehicle exhaust emissions standards, and from changes in vehicle miles traveled due to economic or other factors. Each such evaluation shall be reported separately to assess the air pollution control-effectiveness and cost-effectiveness of the pollution control strategy.
(b) Repealed.
(13) (a) The commission shall identify motor vehicle populations contributing
significantly to ambient pollution inventories by utilizing mobile source computer models approved by the environmental protection agency. The commission shall develop and implement more stringent or frequent, or both, inspection criteria for those vehicles with significant pollution contributions.
(b) [Editor's note: Subsection (13)(b) is effective April 1, 2027. (see editor's
note following this section)]
(I) The commission may adopt rules to identify motor vehicles with excess emissions that regularly operate within the program area. The rules must require that motor vehicles identified as having excess emissions comply with the emissions and maintenance requirements of this part 3 and are subject to enforcement under rules adopted by the commission.
(II) Motor vehicles operating in the program area that failed an enhanced
emissions inspection and are subsequently registered outside the program area must comply with the emissions and maintenance requirements of this part 3 and are subject to enforcement under rules adopted by the commission.
(III) (A) This subsection (13)(b) is effective April 1, 2027.
(B) This subsection (13)(b)(III) is repealed, effective July 1, 2027.
(14) (a) Consistent with section 42-4-305, the commission shall promulgate
technical rules and regulations governing quality control and audit procedures to be performed by the department of revenue as provided in section 42-4-305. Such regulations shall address all technical aspects of program oversight and quality assurance to include covert and overt performance audits and state implementation plan compliance.
(b) To ensure compliance with the state implementation plan and federal
requirements the commission shall promulgate technical rules and regulations to address motor vehicle fleet and motor vehicle dealer inspection protocol and quality control and audit procedures.
(15) The commission shall provide for additional enforcement of the
inspection programs by encouraging the adoption of local ordinances and active participation by local law enforcement personnel, parking control, and code enforcement officers against vehicles suspected to be out of compliance with inspection requirements.
(16) (a) (I) The commission shall promulgate rules and regulations governing
the issuance of emissions-related repair waivers consistent with section 42-4-310.
(II) Within the enhanced program area waivers shall only be issued by
authorized state personnel and enhanced inspection center personnel specifically authorized by the executive director.
(b) The issuance of all waivers shall be controlled and accountable to the
main computer database for the AIR program by electronic record to ensure that maximum allowable waiver rate limits for both program types, as defined by the federal act, are not exceeded.
(17) For the enhanced emissions program, the commission shall promulgate
rules and regulations establishing a network of enhanced inspection centers and inspection-only facilities within the enhanced emissions program area consistent with the following:
(a) (I) Owners, operators, and employees of enhanced inspection centers and
independent inspection-only facilities within the enhanced program area are prohibited from engaging in any motor vehicle repair, service, parts sales, or the sale or leasing of motor vehicles and are prohibited from referring vehicle owners to particular providers of motor vehicle repair services; except that minor repair of components damaged by center or facility personnel during inspection at the center or facility, such as the reconnection of hoses, vacuum lines, or other measures pursuant to commission regulation that require no more than five minutes to complete, may be undertaken at no charge to the vehicle owner or operator if authorized.
(II) The operation of a motor vehicle dealer test facility shall not be
considered to be engaging in any motor vehicle repair service, parts sales, or the sale or leasing of motor vehicles by a member of the state trade association operating such motor vehicle dealer test facility.
(b) Owners, operators, and employees of enhanced inspection centers shall
ensure motorists and other affected parties reasonable convenience. Inspection services shall be available prior to, during, and after normal business hours on weekdays, and at least five hours on a weekend day.
(c) Owners, operators, and employees of enhanced inspection centers shall
take appropriate actions, such as opening additional lanes, to avoid exceeding average motorist wait times of greater than fifteen minutes by designing optimized single- or multi-lane high-volume throughput systems.
(d) Owners or operators of enhanced inspection centers may develop, and
are encouraged to develop, and implement alternate strategies including but not limited to off-peak pricing to reduce end-of-the-month wait times.
(e) The network of enhanced inspection centers shall be located to provide
adequate coverage and convenience. At a minimum, the number of enhanced inspection centers shall be equivalent to the network that existed on January 1, 2000, and the hours of operation shall be determined by the contract.
(f) Within the enhanced emissions program area the commission shall
provide for the operation of licensed inspection-only facilities. Applicable facility and inspector licensing, inspection procedures, and criteria shall be pursuant to rule and regulation of the commission and compliance with federal requirements. Inspection-only facilities shall be authorized to provide inspection services for all classes of motor vehicles as defined in section 42-4-304 (18) of the model year 1981 and older. Inspection-only owners or operators, or both, shall comply with paragraph (a) of this subsection (17).
(18) For the basic emissions program, inspection stations within the basic
emissions program area which are licensed in accordance with section 42-4-308 may conduct inspections or provide motor vehicle repairs as well as offer emissions inspection services.
(19) The commission shall give at least sixty days' notice to the executive
director prior to conducting any rule-making hearing pursuant to this article, except where the commission finds that an emergency exists under section 24-4-103 (6), C.R.S. The executive director shall participate as a party in any such hearing. Prior to promulgating any rule under this article, the commission shall consider the potential budgetary and personnel impacts any such rule may have on the department of revenue.
(20) (a) The commission shall develop and maintain a small business
technical assistance program through the automobile inspection and repair program to provide information and to aid automotive businesses and technicians. As an element of this program, the commission shall develop a voluntary program for the training of registered repair technicians, to be funded by tuition charged to the participants, unless federal or private funds are made available for such training.
(b) For the enhanced emissions program, the commission shall provide for
the voluntary registration of repair facilities and repair technicians within the enhanced emissions program area. Emissions-related repair effectiveness shall be monitored and periodically reported to participating facilities and technicians. Technical assistance shall be provided to those repair technicians and repair facilities needing improvement in repair effectiveness. The commission shall require that emissions-related repair effectiveness information regarding registered repair facilities be made available to the public.
(21) (a) The commission shall investigate and develop other supplemental or
alternative motor vehicle related emissions reduction strategies, including but not limited to cash for clunkers, which may complement or enhance the performance of the AIR program. Such strategies must be creditable under the state implementation plan and be proven cost-effective.
(b) (Deleted by amendment, L. 2002, p. 870, � 5, effective August 7, 2002.)
(22) The commission shall develop rules and regulations with respect to
emissions inspection procedures and standards of motor vehicles which operate on alternative motor fuels including but not limited to compressed natural gas, liquid petroleum gas, methanol, and ethanol. Such rules and regulations shall be developed for both the basic emissions program and the enhanced emissions program. The commission shall evaluate whether dual fuel motor vehicles should be inspected on both fuels and whether such vehicles shall be charged for one or two inspections.
(23) (a) The commission shall promulgate rules governing the operation of
the clean screen program. Such rules shall authorize the division to commence the clean screen program in the basic emissions program area commencing as expeditiously as possible. Such rules shall authorize the division to extend, if feasible, the clean screen program to other parts of the state upon request of the lead air quality planning agencies for each respective area. Such rules shall govern operation of the clean screen program pursuant to the contract or service agreement entered into under section 42-4-307 (10.5). Such rules shall determine the percentage of the vehicle fleet targeted for the clean screen program, which percentage shall develop a target of the eligible vehicle fleet that meets air quality needs. Such rules shall specify emission levels for vehicles in the same manner as for other vehicles in the emissions program. The commission may, upon written request of the Pikes Peak area council of governments, exclude the El Paso county portion of the basic emissions program area from the clean screen program if the department of public health and environment receives written notification from the Pikes Peak area council of governments to such effect by June 1, 2001.
(b) The rules promulgated pursuant to paragraph (a) of this subsection (23)
may also authorize the division to commence the clean screen program in the enhanced emissions program area commencing January 1, 2002, or as soon thereafter as is practical. The clean screen program may be implemented in the enhanced emissions program area only if the commission makes such a determination on or after July 1, 2001.
Source: L. 94: (17)(f) amended, p. 1647, � 85, effective May 31; (6), (9)(a)(I),
(11)(a), (11)(b)(I), and (12) amended, p. 2810, � 584, effective July 1; entire title amended with relocations, p. 2283, � 1, effective January 1, 1995. L. 95: (11)(b)(II) amended, p. 954, � 9, effective May 25; (3)(a)(II) amended, p. 667, � 108, effective July 1. L. 98: (3)(a)(I)(C), (3)(b)(IV), and (6)(b)(II) amended and (23) added, p. 892, � 3, effective May 26. L. 2001: (3)(a)(I)(C), (3)(b)(I), (17)(e), and (23) amended and (3)(b)(V) added, p. 1013, � 3, effective June 5. L. 2002: (9)(a)(I), (9)(b), (9)(c), and (21)(b) amended, p. 870, � 5, effective August 7. L. 2003: (8) amended, p. 1602, � 2, effective August 6. L. 2016: (6)(c) and (12)(b) repealed, (SB 16-189), ch. 210, p. 797, � 119, effective June 6. L. 2025: (3)(a)(I)(C), (3)(b)(IV), (3)(b)(V)(A), and (13) amended and (3)(b)(VI) and (8)(c) added, (SB 25-321), ch. 387, p. 2172, � 2, effective June 3 (see editor's note).
Editor's note: (1) This section is similar to former � 42-4-309 as it existed
prior to 1994.
(2) Amendments to subsections (6), (9)(a)(I), (11)(a), (11)(b)(I), and (12) by House
Bill 94-1029 and amendments to subsection (17)(f) by Senate Bill 94-206 were harmonized with Senate Bill 94-001.
(3) Section 11 of chapter 387 (SB 25-321), Session Laws of Colorado 2025,
provides that the act changing this section takes effect June 3, 2025. Subsection (13)(b)(III)(A) provides that subsection (13)(b) takes effect April 1, 2027.
Cross references: For the legislative declaration contained in the 2001 act
amending subsections (3)(a)(I)(C), (3)(b)(I), (17)(e), and (23) and enacting subsection (3)(b)(V), see section 1 of chapter 278, Session Laws of Colorado 2001.
C.R.S. § 42-4-307
42-4-307. Powers and duties of the department of public health and environment - division of administration - automobile inspection and readjustment program - basic emissions program - enhanced emissions program - clean screen program - legislative declaration - high-emitter motor vehicle regulation - definition - rules - repeal. (1) The division shall establish and provide for the operation of a system, which may include a telephone answering service, to answer questions concerning the automobile inspection and readjustment programs from emissions inspectors, emissions mechanics, repair technicians, and the public.
(2) The division shall administer the licensing test for emissions inspectors,
except for such inspectors at enhanced inspection centers, and emissions mechanics and shall oversee training.
(3) The division shall establish and operate such technical or administrative
centers as may be necessary for the proper administration and ongoing support of the automobile inspection and readjustment program, for enhanced inspection centers, for the small business technical assistance program, and for the state smoking vehicle programs provided for in sections 42-4-412 to 42-4-414, and for affected motorists. The division is authorized to enter into a contract or service agreement in accordance with paragraph (a) of subsection (10) of this section for this purpose.
(4) The division shall develop and recommend to the commission, as
necessary, vehicle emissions inspection procedure requirements to ensure compliance with the state implementation plan and the federal act.
(5) The division shall identify and recommend to the commission, as
necessary, revisions to vehicle eligibility and the schedule of inspection frequency.
(6) (a) (I) The division shall administer, in accordance with federal
requirements, the on-road remote sensing program.
(II) Pursuant to commission rule and based on confirmatory tests at an
emissions technical center or emissions inspection facility that identify such vehicles as exceeding applicable emissions standards, off-cycle repairs may be required for noncomplying vehicles.
(b) Additional studies of the feasibility and appropriateness of on-road
remote sensing technology as a potential emissions control strategy shall be pursued as available funding permits.
(c) The division is authorized to enter into a contract or service agreement in
accordance with paragraph (a) of subsection (10) of this section for the purpose of this subsection (6).
(7) The division shall monitor and periodically report to the commission on
the performance of the mobile sources state implementation plan provisions as they pertain to the basic emissions program area and the enhanced emissions program area.
(8) (a) The division shall administer the emissions inspector, emissions
mechanic, and repair technician qualification and periodic requalification procedures, if applicable, and remedial training provisions in a manner consistent with department of revenue enforcement activities.
(b) The division, in consultation with the executive director, is authorized to
bring enforcement actions in accordance with article 7 of title 25, C.R.S., for violations of regulations promulgated pursuant to section 42-4-306 which would cause violations of the state implementation plan.
(9) The division shall maintain inspection data from the AIR program
pursuant to the federal act. Data analysis and reporting shall be submitted to the commission by the departments of public health and environment and revenue by July 1 of each year for the period of January through December of the previous year. Data analysis, state implementation plan compliance, and program performance reporting shall be submitted to the environmental protection agency by the department of public health and environment by July 1 of each year for the period of January through December of the previous year. The division shall develop and maintain the data processing system necessary for the AIR program in compliance with federal reporting requirements.
(10) (a) For the enhanced emissions program, the department of public health
and environment and the executive director are authorized to enter into a contract or service agreement with a contractor to provide inspection services at enhanced inspection centers for vehicles required to be inspected pursuant to section 42-4-310 within the enhanced program area. Any such contract or service agreement shall include such terms and conditions as are necessary to ensure that such contractor will operate any such enhanced inspection center in compliance with this article and the federal act. Any such contract or service agreement shall also include provisions establishing liquidated damages and penalties for failure to comply with the terms and conditions of the contract and shall be in accordance with regulations adopted by the commission.
(b) Upon approval by the department of public health and environment and
the executive director, the contractor shall provide inspection services for vehicles within the enhanced emissions program area required to be inspected pursuant to section 42-4-310. Notwithstanding any contrary provision in the Procurement Code, articles 101 to 112 of title 24, or this article 4, a contract for inspection services may be renewed for a term that is determined by the division.
(10.5) (a) For the clean screen program and the Denver clean screening pilot
study, the department of public health and environment and the department of revenue may, pursuant to the Procurement Code, articles 101 to 112 of title 24, C.R.S., enter into a contract with a contractor for the purchase of equipment, the collection of remote sensing and other data and operation of remote sensing and support equipment, data processing and vehicle ownership matching in cooperation with the executive director, and collection of remote sensing and other data for the Denver clean screening pilot study, including analysis of the results of such study and report preparation. Under any such contract the department of public health and environment and the department of revenue may purchase approved remote sensing and support equipment or authorize the use of a qualified contractor or contractors to purchase approved remote sensing and support equipment for use in the clean screen program. Notwithstanding any contrary provision in the Procurement Code, articles 101 to 112 of title 24, C.R.S., the clean screen contract may be incorporated into any contract or renewed contract pursuant to subsection (10) of this section. The contractor retained pursuant to this subsection (10.5) shall be the same as the contractor retained pursuant to subsection (10) of this section. The contractor shall make one-time transfers into the clean screen fund created in section 42-3-304 (19) in a total amount necessary to cover computer programming costs associated with implementation of House Bill 01-1402, enacted at the first regular session of the sixty-third general assembly, in the following order:
(I) Up to thirty thousand dollars from the contractor's revenues;
(II) Up to thirty thousand dollars from the public relations account provided
for in the contract; and
(III) Up to forty thousand dollars from the technical center account provided
for in the contract.
(b) Repealed.
(11) The department of public health and environment shall conduct studies
on the development, effectiveness, and cost of evolving technologies in mobile source emission inspection for consideration by March of each even-numbered year. In the event that alternative technologies become available, cost and air quality effectiveness shall be considered prior to adoption by the commission as inspection technology.
(12) to (15) Repealed.
(16) Prior to July 1, 2022, the department of public health and environment
shall seek approval from the environmental protection agency to modify the state implementation plan to expand the testing exemption for new vehicles to ten model years. If the environmental protection agency approves the request, the commission shall adopt a rule expanding the testing exemption for new vehicles to ten model years within twelve months following the approval. In addition, the department of public health and environment shall seek approval from the environmental protection agency to expand the testing exemption for plug-in hybrid electric motor vehicles to twelve model years.
(17) (a) (I) The general assembly declares that:
(A) Gasoline-powered motor vehicles are a major source of ozone precursors,
including nitrogen oxides, hydrocarbons, and carbon monoxide;
(B) Gasoline-powered motor vehicles with emissions control systems that
have been tampered with or emissions control systems that are not operating properly create excess ozone precursors, including nitrogen oxides, hydrocarbons, and carbon monoxide, and are high-emitting motor vehicles;
(C) High-emitting motor vehicles contribute a disproportionate amount of
total emissions and are a major source of air pollution, especially in the ozone nonattainment area;
(D) The clean screen program currently operates to identify clean motor
vehicles operating on the road and will identify high-emitting motor vehicles on the road; and
(E) High-emitting motor vehicles that are operating in the ozone
nonattainment area are difficult to identify through mandatory testing, and these include motor vehicles with tampered emissions control systems within a testing exemption period, motor vehicles requiring repairs between emissions tests, and motor vehicles that have failed an emissions test and were subsequently registered outside the program area.
(II) The general assembly determines that the best interest of the state is to
identify high-emitting motor vehicles and require vehicles with malfunctioning or tampered-with motor vehicle emissions control systems to be repaired in order to reduce excess emissions of ozone precursors, including nitrogen oxides, hydrocarbons, and carbon monoxide.
(b) [Editor's note: Subsection (17)(b) is effective April 1, 2027. (see editor's
note following this section)]
(I) The commission may adopt rules to identify and regulate high-emitting motor vehicles that are within the model year exemption period for their vehicle emissions inspection cycle or that are registered in Colorado and outside the program area after failing an emissions test.
(II) If a motor vehicle is identified as a high-emitting motor vehicle through an
enhanced emissions inspection, the division may notify the executive director that the motor vehicle fails to comply with the emissions and maintenance requirements of this part 3 or rules adopted by the commission under this part 3.
(III) (A) This subsection (17)(b) is effective April 1, 2027.
(B) This subsection (17)(b)(III) is repealed, effective July 1, 2027.
(c) As used in this subsection (17), unless the context otherwise requires,
high-emitting motor vehicle means a motor vehicle that produces significantly more air pollutants than the motor vehicle average, exceeding established emissions limits.
Source: L. 94: (10), (11), and (12) amended, p. 2811, � 585, effective July 1;
entire title amended with relocations, p. 2292, � 1, effective January 1, 1995. L. 98: (10.5) added, p. 893, � 4, effective May 26. L. 2001: (6)(a), (10)(b), and (10.5)(a) amended, p. 1015, � 4, effective June 5. L. 2002: (11) amended, p. 871, � 6, effective August 7. L. 2005: IP(10.5)(a) amended, p. 1174, � 12, effective August 8. L. 2006: (12), (13), (14), and (15) added, p. 1025, � 3, effective July 1. L. 2010: (13) amended, (SB 10-213), ch. 375, p. 1764, � 13, effective June 7. L. 2012: (12) to (15) repealed, (SB 12-034), ch. 107, p. 363, � 3, effective August 8. L. 2021: (16) added, (SB 21-260), ch. 250, p. 1411, � 27, effective June 17. L. 2025: (10)(b) amended and (17) added, (SB 25-321), ch. 387, p. 2174, � 3, effective June 3 (see editor's note).
Editor's note: (1) This section is similar to former � 42-4-309.5 as it existed
prior to 1994, and the former � 42-4-307 was relocated to � 42-4-304.
(2) Amendments to subsections (10), (11), and (12) by House Bill 94-1029 were
harmonized with Senate Bill 94-001.
(3) Subsection (10.5)(b)(II) provided for the repeal of subsection (10.5)(b),
effective July 1, 2001. (See L. 98, p. 893.)
(4) Section 11 of chapter 387 (SB 25-321), Session Laws of Colorado 2025,
provides that the act changing this section takes effect June 3, 2025. Subsection (17)(b)(III)(A) provides that subsection (17)(b) takes effect April 1, 2027.
Cross references: (1) For the legislative declaration contained in the 2001
act amending subsections (6)(a), (10)(b), and (10.5)(a), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsections (12), (13), (14), and (15), see section 1 of chapter 225, Session Laws of Colorado 2006.
(2) For the legislative declaration in SB 21-260, see section 1 of chapter 250,
Session Laws of Colorado 2021.
C.R.S. § 42-4-307.7
42-4-307.7. Vehicle emissions testing - remote sensing.
(1) and (2) Repealed.
(3) The Colorado department of transportation shall work with the
department of public health and environment to identify locations that may accommodate unmanned remote sensing devices without causing a safety hazard.
(4) The commission shall evaluate options for increasing the number of
vehicles passing a test under the clean screen program, including, but not limited to:
(a) The reduction of the number of remote sensing measurements per
vehicle;
(b) Additional remote sensing devices and sites;
(c) Expanded hours of operation; and
(d) Additional staffing.
(5) The department of public health and environment shall work with the
contractor to minimize false test results and shall track and report to the commission its progress in minimizing false test results on or before March 31 of each year.
(6) The commission shall determine the criteria used for the measurement of
vehicle emissions needed to comply with the clean screen program, which criteria shall include, but are not limited to, the pollutants measured, acceptable levels of the measured pollutants, and failure rates. Criteria adopted by the commission for the clean screen program shall meet environmental protection agency requirements.
(7) to (11) Repealed.
(12) Photographs of a vehicle taken by a remote sensing device in order to
capture an image of a vehicle's license plate shall be limited to the rear of the vehicle. No attempts shall be made by a remote sensing device to photograph a vehicle's driver.
(13) Repealed.
Source: L. 2006: Entire section added, p. 1026, � 5, effective July 1. L. 2009:
(13) added, (SB 09-003), ch. 322, p. 1717, � 2, effective June 1. L. 2012: (1), (2), and (7) to (11) repealed and (6) amended, (SB 12-034), ch. 107, p. 364, � 4, effective August 8.
Editor's note: Subsection (13)(b) provided for the repeal of subsection (13),
effective December 31, 2009. (See L. 2009, p. 1717.)
Cross references: For the legislative declaration contained in the 2006 act
enacting this section, see section 1 of chapter 225, Session Laws of Colorado 2006.
C.R.S. § 42-4-308
42-4-308. Inspection and readjustment stations - inspection-only facilities - fleet inspection stations - motor vehicle dealer test facilities - contractor - emissions inspectors - emissions mechanics - requirements. (1) (a) Applications for an inspection and readjustment station license, an inspection-only facility license, a fleet inspection station license, a motor vehicle dealer test facility license, an emissions inspector license, an enhanced inspection center license, or an emissions mechanic's license shall be made on forms prescribed by the executive director.
(b) No inspection and readjustment station license, inspection-only facility
license, fleet inspection station license, motor vehicle dealer test facility license, or enhanced inspection center license shall be issued unless the executive director finds that the facilities of the applicant are of adequate size and properly equipped as provided in subsection (3) of this section, that a licensed inspector or emissions mechanic, whichever is applicable, is or will be available to make such inspection, and that the inspection and readjustment procedures will be properly followed based upon established performance criteria pursuant to section 42-4-306 (4)(c).
(2) No inspection or adjustments shall be made pursuant to the automobile
inspection and readjustment program nor certification of emissions control issued unless the owner or operator of the inspection and readjustment station, inspection-only facility, fleet inspection station, motor vehicle dealer test facility, or enhanced inspection center at which such inspection is made or such adjustments or repairs are performed as required has been issued, and is then operating under, a valid inspection and readjustment station license, inspection-only facility license, fleet inspection station license, motor vehicle dealer test facility license, or a contract for an authorized enhanced inspection center and has one or more licensed emissions inspectors or emissions mechanics employed as required, one of whom shall have made the inspection for which said certification has been issued.
(3) No inspection and readjustment station license, inspection-only facility
license, fleet inspection station license, motor vehicle dealer test facility license, or contractor's contract shall be issued or executed unless the station or contractor has proper equipment to meet licensing, facility, or contractor approval requirements. Such equipment shall include all test equipment approved by the commission to perform emissions inspections corresponding to the type of licensed or approved facility together with such auxiliary tools, equipment, and testing devices as are required by the commission by rule.
(4) (a) No emissions inspector license or emissions mechanic license shall be
issued to any applicant unless said applicant has completed the required training, has demonstrated necessary skills and competence in the inspection of motor vehicles by passing the written certification test developed by the commission and administered by the department of public health and environment, and has demonstrated such skill and competence as a prerequisite to initial licensing by the department of revenue.
(b) The department of revenue shall monitor emissions inspector and
emissions mechanic activities at inspection and readjustment stations, inspection-only facilities, fleet inspection stations, motor vehicle dealer test facilities, and enhanced inspection centers during periodic performance audits conducted as prescribed by section 42-4-305.
(c) An emissions inspector or emissions mechanic license may be revoked in
accordance with section 42-4-305 if the licensee is not in compliance with the minimum performance criteria set forth by the commission or the department of revenue.
(d) Licenses shall be valid for two years.
(e) Emissions inspector and emissions mechanic license renewal shall be
subject to the requirements set forth by the commission through rule and regulation.
Source: L. 94: (4)(a) amended, p. 2812, � 586, effective July 1; entire title
amended with relocations, p. 2294, � 1, effective January 1, 1995.
Editor's note: (1) This section is similar to former � 42-4-310 as it existed
prior to 1994, and the former � 42-4-308 was relocated to � 42-4-305.
(2) Amendments to subsection (4)(a) by House Bill 94-1029 were harmonized
with Senate Bill 94-001.
C.R.S. § 42-4-309
42-4-309. Vehicle fleet owners - motor vehicle dealers - authority to conduct inspections - fleet inspection stations - motor vehicle dealer test facilities - contracts with licensed inspection-only entities - rules. (1) (a) Any person in whose name twenty or more motor vehicles, required to be inspected, are registered in this state or to whom said number of vehicles are leased for a period of not less than six continuous months and who operates a motor vehicle repair garage or shop adequately equipped and manned, as required by section 42-4-308 and the rules and regulations issued pursuant thereto, may be licensed to perform said inspections as a fleet inspection station. Said inspections shall be made by licensed emissions inspectors or emissions mechanics. Such stations shall be subject to all licensing regulations and supervision applicable to inspection and readjustment stations. Fleet inspection stations shall inspect fleet vehicles in accordance with applicable requirements pursuant to rules and regulations promulgated by the commission. No person licensed pursuant to this section may conduct emissions inspections on motor vehicles owned by employees of such person or the general public, but only on those vehicles owned or operated by the person subject to the fleet inspection requirements. Any such motor vehicles are not eligible for a certificate of emissions waiver and shall be inspected annually. The commission shall promulgate such rules as may be necessary to establish non-loaded mode static idle inspection procedures, standards, and criteria under this section.
(b) Each fleet operator licensed or operating within the enhanced program
area who is also licensed to operate a fleet inspection station shall assure that a representative sample of one-half of one percent or one vehicle, whichever is greater, of such operator's vehicle fleet is inspected annually at an inspection-only facility or enhanced inspection center. An analysis of the data gathered from any such inspection shall be performed by the department of public health and environment and provided to the department of revenue to determine compliance by such fleet with the self-inspection requirements of this section. An inspection is not required prior to the sale of a motor vehicle with at least twelve months remaining before the vehicle's certification of emissions compliance expires if such certification was issued when the vehicle was new.
(2) (a) As an alternative to subsection (1) of this section, any person having
twenty or more vehicles registered in this state that are required to be inspected pursuant to section 42-4-310 may contract for periodic inspection services with a contractor or an inspection-only facility. Such inspections shall be in compliance with non-fleet vehicle requirements as specified in this part 3 and shall be performed by an authorized or licensed emissions inspector who shall be subject to all requirements and oversight as applicable.
(b) Upon retail sale of any vehicle subject to fleet inspection to a party other
than a fleet operator, such vehicle shall be inspected at an authorized enhanced inspection center, licensed inspection-only facility, or licensed inspection and readjustment station, as applicable. A certificate of emissions compliance shall be required as a condition of the retail sale of any such vehicle.
(3) (a) Any person licensed as a motor vehicle dealer pursuant to part 1 of
article 20 of title 44 in whose name twenty or more motor vehicles are registered or inventoried or consigned for retail sale in this state that are required to be inspected shall comply with the requirements of section 42-4-310 for the issuance of a certificate of emissions compliance at the time of the retail sale of the vehicle.
(b) [Editor's note: This version of subsection (3)(b) is effective until July 1,
2027.] Within the enhanced emissions program, motor vehicle dealers licensed pursuant to part 1 of article 20 of title 44 may contract for used motor vehicle inspection services by a licensed motor vehicle dealer test facility. Pursuant to rules of the commission, inspection procedures shall include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests.
(b) [Editor's note: This version of subsection (3)(b) is effective July 1, 2027.
For the applicability of this subsection (3)(b) on or after January 1, 2028, see the editor's note following this section.] Within the enhanced emissions program, motor vehicle dealers licensed pursuant to part 1 of article 20 of title 44 may contract for used motor vehicle inspection services by a licensed motor vehicle dealer test facility. Except as provided in section 42-4-310 (2)(a)(II) and pursuant to rules of the commission, inspection procedures must include a loaded mode transient dynamometer test cycle in combination with appropriate idle short tests.
(c) 1981 and older model vehicles held in inventory and offered for retail sale
by a used vehicle dealer may be inspected by a licensed inspection-only facility.
(d) Within the basic emissions program, any person licensed as a motor
vehicle dealer pursuant to part 1 of article 20 of title 44 may be licensed to conduct inspections pursuant to subsections (1) and (2) of this section.
(4) Nothing in this section shall preclude a fleet or motor vehicle dealer test
facility from participating in the basic or enhanced emissions program pursuant to this part 3 with the requirements of such program being determined by the county of residence or operation.
(5) (a) Motor vehicle dealers selling any vehicle to be registered in the
enhanced program area shall comply with the enhanced program requirements.
(b) Motor vehicle dealers selling any vehicle to be registered in the basic
program area shall comply with the basic program requirements.
(c) If used motor vehicles for sale have been inspected by a motor vehicle
dealer test facility, the motor vehicle dealer shall comply with the standards and requirements established for motor vehicle dealer test facilities.
(6) (a) On and after June 1, 1996, a motor vehicle dealer or a used motor
vehicle dealer licensed pursuant to part 1 of article 20 of title 44 that sells any vehicle subject to the enhanced emissions program may comply with sections 42-4-304 (3)(d) and 42-4-310 by providing the consumer of the vehicle a voucher purchased by the dealer from the contractor for the centralized enhanced emissions program, with or without charge to the consumer, up to the maximum amount charged for an emissions inspection at an enhanced inspection center. The voucher shall cover the cost of an emissions inspection of the vehicle at an enhanced inspection center and shall entitle the consumer to such an emissions inspection.
(b) If a vehicle inspected with a voucher as authorized in this subsection
(6)(b) fails a test at an enhanced inspection center and is returned to the dealer within five business days after its purchase, the dealer, at its option, shall repair the motor vehicle to pass the emissions test, pay the consumer to obtain from a third party any repairs needed to pass the emissions test, or repurchase the vehicle at the vehicle's purchase price. After such payment, repair, or repurchase, a dealer is no longer liable to the consumer for compliance with the requirements of the enhanced emissions program.
(c) The voucher to be delivered at time of sale shall set forth the conditions
described in paragraph (b) of this subsection (6) on a form prescribed by the department of revenue.
(7) A motor vehicle dealer shall have a motor vehicle inspected annually
pursuant to section 42-4-310, but shall not be required to have such vehicle inspected more than once a year.
Source: L. 94: (1)(b) amended, p. 2812, � 587, effective July 1; entire title
amended with relocations, p. 2296, � 1, effective January 1, 1995. L. 96: (6) added, p. 1352, � 1, effective June 1. L. 2003: (1)(b) amended and (7) added, p. 1603, � 3, effective August 6. L. 2017: (3)(a), (3)(b), (3)(d), and (6)(a) amended, (SB 17-240), ch. 395, p. 2066, � 52, effective July 1. L. 2018: (3)(b) amended, (HB 18-1375), ch. 274, p. 1724, � 88, effective May 29; (3)(a), (3)(b), (3)(d), and (6)(a) amended, (SB 18-030), ch. 7, p. 141, � 18, effective October 1. L. 2022: (6)(b) amended, (SB 22-179), ch. 485, p. 3527, � 7, effective August 10. L. 2025: (3)(b) amended, (HB 25-1281), ch. 176, p. 736, � 5, effective July 1, 2027.
Editor's note: (1) This section is similar to former � 42-4-311 as it existed prior
to 1994, and the former � 42-4-309 was relocated to � 42-4-306.
(2) Amendments to subsection (1)(b) by House Bill 94-1029 were harmonized
with Senate Bill 94-001.
(3) Amendments to subsection (3)(b) by HB 18-1375 and SB 18-030 were
harmonized.
(4) Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado
2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.
C.R.S. § 42-4-310
42-4-310. Periodic emissions control inspection required - certificate of emissions compliance - rules - definitions. (1) (a) (I) Subject to subsection (4) of this section, a motor vehicle that is required to be registered in the program area shall not be sold, registered for the first time without a certification of emissions compliance, or reregistered unless the vehicle has passed a clean screen test or has a valid certification of emissions control as required by the appropriate county. The provisions of this subsection (1)(a) do not apply to motor vehicle transactions at wholesale between motor vehicle dealers licensed pursuant to part 1 of article 20 of title 44. An inspection is not required prior to the sale of a motor vehicle with at least twelve months remaining before the vehicle's certification of emissions compliance expires if the certification was issued when the vehicle was new.
(II) (A) If title to a roadworthy motor vehicle, as defined in section 42-6-102
(15), for which a certification of emissions compliance or emissions waiver must be obtained pursuant to this paragraph (a) is being transferred to a new owner, the new owner may require at the time of sale that the prior owner provide said certification as required for the county of residence of the new owner.
(B) The new owner shall submit such certification to the department of
revenue or an authorized agent thereof with application for registration of the motor vehicle.
(C) If such vehicle is being registered in the program area for the first time,
the owner shall obtain any certification required for the county where registration is sought and shall submit such certification to the department of revenue or an authorized agent thereof with such owner's application for the registration of the motor vehicle. A motor vehicle being registered in the program area for the first time may be registered without an inspection or certification if the vehicle has not yet reached its fourth model year or a later model year established by the commission pursuant to section 42-4-306 (8)(b).
(D) Except for a motor vehicle that was registered as a collector's item
before September 1, 2009, and meets the requirements of sections 42-12-101 (2)(b) and 42-12-404 (2), to be sold or transferred or to renew the registration, a 1976 or newer model motor vehicle registered as a collector's item under article 12 of this title must be inspected and have a certification of emissions control. The certification of emissions control is valid for sixty months.
(b) (I) (A) Repealed.
(B) New motor vehicles owned by the United States government or an
agency thereof or by the state of Colorado or any agency or political subdivision thereof that would be registered in the program area shall be issued a certification of emissions compliance without inspection that shall expire on the anniversary of the day of the issuance of such certification when such vehicle has reached its fourth model year or a later model year established by the commission pursuant to section 42-4-306 (8)(b). Prior to the expiration of such certification such vehicle shall be inspected and a certification of emissions control shall be obtained therefor.
(C) Effective May 28, 1999, 1982 and newer model motor vehicles that are
owned by the United States government or an agency thereof or by the state of Colorado or any agency or political subdivision thereof that would be registered in the program area shall be inspected every two years, and shall be issued a certification of emissions compliance that shall be valid for twenty-four months; except that vehicles owned or operated by any agency or political subdivision that is authorized and licensed pursuant to section 42-4-309 to inspect fleet vehicles shall be inspected annually.
(D) Effective May 28, 1999, 1981 and older model motor vehicles that are
owned by the United States government or an agency thereof or by the state of Colorado or any agency or political subdivision thereof that would be registered in the program area shall be inspected once each year, and shall be issued a certification of emissions compliance that shall be valid for twelve months.
(E) Any vehicle subject to this subparagraph (I) that is suspected of having
an emissions problem may undergo a voluntary inspection as provided in subparagraph (IV) of paragraph (c) of this subsection (1).
(II) (A) Motor vehicle dealers shall purchase verification of emissions test
forms for the sum of twenty-five cents per form from the department or persons authorized by the department to make such sales to be used only on new motor vehicles. No refund or credit shall be allowed for any unused verification of emissions test forms. New motor vehicles required under this section to have a verification of emissions test form shall be issued a certification of emissions compliance without inspection, which shall expire on the anniversary of the day of the issuance of such certification when such vehicle has reached its fourth model year or a later model year established by the commission pursuant to section 42-4-306 (8)(b). Prior to the expiration of such certification such vehicle shall pass a clean screen test or be inspected and a certification of emissions control shall be obtained therefor.
(B) 1982 and newer model motor vehicles required pursuant to this section to
have a certification of emissions control shall be inspected at the time of the sale or transfer of any such vehicle and, prior to registration renewal, shall be issued a certification of emissions control that shall be valid for twenty-four months except as provided under section 42-4-309. An inspection is not required prior to the sale of a motor vehicle with at least twelve months remaining before the vehicle's certification of emissions compliance expires if such certification was issued when the vehicle was new. This sub-subparagraph (B) does not apply to the sale of a motor vehicle that is inoperable or otherwise cannot be tested in accordance with regulations promulgated by the department of revenue if the seller of the motor vehicle provides a written notice to the purchaser pursuant to the requirements of subsection (4) of this section.
(C) 1981 and older model motor vehicles required pursuant to this section to
have a certification of emissions control shall be inspected at the time of the sale or transfer of any such vehicle and, prior to registration renewal, shall be issued a certification of emissions control that shall be valid for twelve months. This sub-subparagraph (C) does not apply to the sale of a motor vehicle which is inoperable or otherwise cannot be tested in accordance with regulations promulgated by the department of revenue if the seller of the motor vehicle provides a written notice to the purchaser pursuant to the requirements of subsection (4) of this section.
(III) Upon registration or renewal of registration of a motor vehicle required
to have a certification of emissions control, the department shall issue a tab identifying the vehicle as requiring certification of emissions control. The tab shall be displayed from the time of registration. The verification of emissions test shall also be displayed on the motor vehicle in a location prescribed by the department of revenue consistent with federal regulations.
(c) (I) Effective October 1, 1989, those motor vehicles owned by nonresidents
who reside in either the basic or enhanced emissions program areas or by residents who reside outside the program area who are employed for at least ninety days in any twelve-month period in a program area or who are attending school in a program area, and are operated in either the basic or enhanced emissions program areas for at least ninety days, shall be inspected as required by this section and a valid certification of emissions compliance or emissions waiver shall be obtained as required for the county where said person is employed or attends school. Such nonresidents include, but are not limited to, all military personnel, temporarily assigned employees of business enterprises, and persons engaged in activities at the Olympic training center.
(II) Any person owning or operating a business and any postsecondary
educational institution located in a program area shall inform all persons employed by such business or attending classes at such institution that they are employed or attending classes in a program area and are required to comply with the provisions of subparagraph (I) of this paragraph (c).
(III) Vehicles that are registered in a program area and are being operated
outside such area but within another program area shall comply with all program requirements of the area where such vehicles are being operated. Vehicles registered in a program area that are being temporarily operated outside the state at the time of registration or registration renewal may apply to the department of revenue for a temporary exemption from program requirements. Upon return to the program area, such vehicles must be in compliance with all requirements within fifteen days. A temporary exemption shall not be granted if the vehicle will be operated in an emissions testing area in another state unless proof of emissions from that area is submitted.
(IV) Nothing in this section shall be deemed to prevent or shall be
interpreted so as to hinder the voluntary inspection of any motor vehicle in the enhanced emissions program. A certificate of emissions control issued under the provisions of the enhanced emissions program shall be acceptable as a demonstration of compliance within the basic program for vehicle registration purposes. In order to provide motorist protection, those vehicles voluntarily inspected and that fail said inspection but that are warrantable under manufacturers' emissions control warranties pursuant to section 207 (A) and (B) of the federal act shall comply with the emissions-related repair requirements of this part 3.
(V) Motor vehicles operated in the enhanced emissions program area, and
required to be inspected pursuant to subparagraph (I) of this paragraph (c), shall comply with the inspection requirements of the enhanced emissions program area and are not required to comply with the inspection requirements of the basic emissions program area.
(d) (I) Repealed.
(II) (A) For the basic emissions program, effective January 1, 1994, for
businesses which operate nineteen or fewer motor vehicles and for 1981 or older private motor vehicles required to be registered in the basic emissions program area, after any adjustments or repairs required pursuant to section 42-4-306, if total expenditures of at least seventy-five dollars have been made to bring the vehicle into compliance with applicable emissions standards and the vehicle still does not meet such standards, a certification of emissions waiver shall be issued for such vehicle.
(B) (Deleted by amendment, L. 2011, (SB 11-031), ch. 86, p. 246, � 11, effective
August 10, 2011.)
(III) Repealed.
(IV) For the basic emissions program, effective January 1, 1994, for
businesses that operate nineteen or fewer vehicles and for private motor vehicles only of a model year 1982 or later required to be registered in the basic emissions program area, after any adjustments or repairs required pursuant to section 42-4-306, if total expenditures of at least two hundred dollars have been made to bring the vehicle into compliance with the applicable emissions standards and the vehicle still does not meet such standards, a certification of emissions waiver shall be issued for such vehicle. For vehicles not older than two years or that have not more than twenty-four thousand miles, or such period of time and mileage as established for warranty protection by amendments to federal regulations, no emissions-related repair waivers shall be issued due to the provisions and enforcement of section 207 (A) and (B) of the federal act relating to emissions control systems components and performance warranties. Vehicles that are owned by the state of Colorado or any agency or political subdivision thereof are not eligible for emissions-related repair waivers under this subparagraph (IV).
(V) Repealed.
(VI) For the enhanced emissions program, effective January 1, 1995, for
businesses that operate nineteen or fewer vehicles and for private motor vehicles only of a model year 1968 and later required to be registered in the enhanced emissions program area, after any adjustments or repairs required pursuant to section 42-4-306, if total expenditures of at least four hundred fifty dollars have been made to bring the vehicle into compliance with applicable emissions standards and the vehicle does not meet such standards, a certification of emissions waiver shall be issued for such vehicle except as prescribed in subparagraph (XII) of this paragraph (d) pertaining to vehicle warranty. The four-hundred-fifty-dollar minimum expenditure may be adjusted annually by an amount not to exceed the percentage, if any, by which the consumer price index for all urban consumers (CPIU) for the Denver-Boulder metropolitan statistical area for the preceding year differs from such index for 1989. Vehicles that are owned by the state of Colorado or any agency or political subdivision thereof are not eligible for emissions-related repair waivers under this subparagraph (VI).
(VII) Repealed.
(VIII) (A) For the enhanced emissions program except as provided in sub-subparagraph (B) of this subparagraph (VIII), for businesses that operate nineteen
or fewer vehicles and for private motor vehicles only of a model year 1967 or earlier required to be registered in the enhanced emissions program area, after any adjustments or repairs required under section 42-4-306, if total expenditures of at least seventy-five dollars have been made to bring the vehicle into compliance with applicable emissions standards and the vehicle still does not meet the standards, a certification of emissions waiver shall be issued for the vehicle.
(B) This subparagraph (VIII) shall apply in Boulder county, effective July 1,
1995.
(IX) (A) For the enhanced emissions program except as provided in sub-subparagraph (B) of this subparagraph (IX) effective January 1, 1995, for vehicles
subject to a transient, loaded mode dynamometer inspection procedure under the enhanced program as determined by the commission, a certificate of waiver may be issued by an authorized state representative, if after failing a retest, at which point the minimum repair cost limit of four hundred fifty dollars has not been met, a complete and documented physical and functional diagnosis of the vehicle performed at an emissions technical center indicates that no additional emissions-related repairs would be effective or needed.
(B) This subparagraph (IX) shall apply in Boulder county, effective July 1,
1995.
(X) Subject to the provisions of subparagraph (V) of this paragraph (d), a
certificate of emissions control shall not be issued for vehicles in the program area exhibiting smoke or indications of tampering with or poor maintenance of emissions control systems including on-board diagnostic systems.
(XI) As used in this paragraph (d), total expenditures means those
expenditures directly related to adjustment or repair of a motor vehicle to reduce exhaust or evaporative emissions to a level which complies with applicable emissions standards. The term does not include an inspection fee, or any costs of adjustment, repair, or replacement necessitated by the disconnection of, tampering with, or abuse of air pollution control equipment, improper fuel use, or visible smoke.
(XII) No certification of emissions waiver shall be issued for vehicles not
older than two years or which have not more than twenty-four thousand miles, or are of such other age and mileage as established for warranty protection under the federal act in accordance with the provisions and enforcement of section 207 (A) and (B) of the federal act relating to emissions control component and systems performance warranties.
(2) (a) [Editor's note: This version of subsection (2)(a) is effective until July 1,
2027.] The emissions inspection required under this section shall include an analysis of tail pipe and evaporative emissions. After January 1, 1994, such inspection shall include an analysis of emissions control equipment including on-board diagnostic systems, chlorofluorocarbons, and visible smoke emissions for the basic emissions program area and the enhanced emissions program area and emissions testing that meets the performance standards set by federal requirements for the enhanced emissions program area by means of procedures specified by regulation of the commission to determine whether the motor vehicle qualifies for issuance of a certification of emissions compliance. For motor vehicles of the model year 1975 or later, not tested under a transient load on a dynamometer, said inspection shall also include a visual inspection of emissions control equipment pursuant to rules of the commission.
(2) (a) [Editor's note: This version of subsection (2)(a) is effective July 1,
- For the applicability of this subsection (2)(a) on or after January 1, 2028, see the editor's note following this section.]
(I) To determine whether a motor vehicle qualifies for issuance of a certification of emissions compliance, the emissions inspection required under this section must include:
(A) An analysis of tailpipe and evaporative emissions;
(B) An analysis of emissions control equipment, including on-board
diagnostic systems, chlorofluorocarbons, and visible smoke emissions for the basic emissions program area and the enhanced emissions program area;
(C) Emissions testing that meets the performance standards set by federal
requirements for the enhanced emissions program area by means of procedures specified by rule of the commission; and
(D) For motor vehicles of the model year 1975 or later, not tested under a
transient load on a dynamometer, a visual inspection of emissions control equipment pursuant to rules of the commission.
(II) Notwithstanding subsection (2)(a)(I) of this section, a kei vehicle is not
tested using a dynamometer. A kei vehicle must be tested using a two-speed idle test. To be issued a certificate of emissions compliance, a kei vehicle must pass the emissions standards for the model year it was manufactured.
(b) and (c) Repealed.
(d) (I) In the basic emissions program area, effective January 1, 1994, in order
to be issued a certificate of emissions waiver, appropriate adjustments and repairs must have been performed at a licensed inspection and readjustment station by a licensed emissions mechanic.
(II) In the enhanced emissions program area, effective January 1, 1995, in
order to be issued a certificate of emissions waiver, appropriate adjustments and repairs must have been performed by a technician at a registered repair facility within the enhanced emissions program area.
(III) Adjustments and repairs performed by a registered repair facility and
technician within the enhanced emissions program area shall be sufficient for compliance with the provisions of this paragraph (d) in the basic program area.
(3) (a) Effective July 1, 1993, any home rule city, city, town, or county shall,
after holding a public hearing and receiving public comment and upon request by the governing body of such local government to the department of public health and environment and the department of revenue and after approval by the general assembly acting by bill pursuant to paragraph (e) of this subsection (3), be included in the program area established pursuant to sections 42-4-301 to 42-4-316. When such a request is made, said departments and governing body shall agree to a start-up date for the program in such area, and, on or after such date, all motor vehicles, as defined in section 42-4-304 (18), which are registered in the area shall be inspected and required to comply with the provisions of sections 42-4-301 to 42-4-316 and rules and regulations adopted pursuant thereto as if such area was included in the program area. Except as provided in paragraph (c) of this subsection (3), the department of public health and environment and the department of revenue, the executive director, and the commission shall perform all functions and exercise all powers related to the program in areas included in the program pursuant to this subsection (3) that they are otherwise required to perform under sections 42-4-301 to 42-4-316.
(b) Effective July 1, 1993, notwithstanding the provisions of section 42-4-304
(20), a local government with jurisdiction over an area excluded from the program area pursuant to section 42-4-304 (20) may request inclusion in the program area, and the exclusion under section 42-4-304 (20) shall not apply to vehicles registered within such area.
(c) Effective July 1, 1993, the inclusion pursuant to paragraph (a) or (b) of this
subsection (3) of any home rule city, city, town, or county in the program area shall not be submitted to the United States environmental protection agency as a revision to the state implementation plan or otherwise included in such plan. Any governing body which requests inclusion of an area pursuant to paragraph (a) or (b) of this subsection (3) in the program area may, after a minimum period of five years, request termination of the program in such area, and the program in such area shall be terminated thirty days after the receipt by the department of revenue of such a request.
(d) Effective January 1, 1994, except for those entities included within the
program area pursuant to section 42-4-304 (20), for inclusion in the program area, any home rule city, city, town, or county shall have the basic emissions program test requirements and standards implemented as its emissions inspection program.
(e) Unless a home rule city, city, town, or county violates national ambient air
quality standards as established by the environmental protection agency, the inclusion pursuant to paragraph (a) or (b) of this subsection (3) of any home rule city, city, town, or county in the program area shall be contingent upon approval by the general assembly acting by bill to include any such home rule city, city, town, or county in the program area.
(4) (a) The seller of a motor vehicle that is inoperable or otherwise cannot be
tested in accordance with rules promulgated by the department of revenue or that is being sold pursuant to part 18 or part 21 of this article is not required to obtain a certification of emissions control prior to the sale of the vehicle if the seller provides a written notice to the purchaser prior to completion of the sale that clearly indicates the following:
(I) The vehicle does not currently comply with the emissions requirements
for the program area;
(II) The seller does not warrant that the vehicle will comply with emissions
requirements; and
(III) The purchaser is responsible for complying with emissions requirements
prior to registering the vehicle in the emissions program area.
(b) The department shall prepare a form to comply with the provisions of
paragraph (a) of this subsection (4) and shall make such form available to dealers and other persons who are selling motor vehicles which are inoperable or otherwise cannot be tested in accordance with regulations promulgated by the department of revenue.
(c) If a motor vehicle is exempted from the requirement for obtaining a
certification of emissions control prior to sale pursuant to this subsection (4), the new owner of the motor vehicle is required to obtain a certification of emissions control for such motor vehicle before registering it in the program area.
(5) (a) Notwithstanding any other provision of this section, any eligible motor
vehicle registered in a clean screen program county that complies with the requirements of the clean screen program under the provisions of sections 42-4-305 (12), 42-4-306 (23), and 42-4-307 (10.5)(a), by passing the requirements of such program and applicable rules shall be deemed to have complied with the inspection requirements of this section for the applicable emissions inspection cycle. For purposes of this subsection (5), eligible motor vehicle means a motor vehicle, including trucks, for model years 1978 and earlier having a gross vehicle weight rating of six thousand pounds or less and for model years 1979 and newer having a gross vehicle weight rating of eight thousand five hundred pounds or less.
(b) (I) If the commission does not specify a date for authorized agents in the
basic emissions program area to begin collecting emissions inspection fees at the time of registration pursuant to section 42-3-304 (19)(a), or if the contractor determines that a motor vehicle required to be registered in the basic program area has complied with the inspection requirements pursuant to this subsection (5), a notice shall be sent to the owner of the vehicle identifying the owner of the vehicle, the license plate number, and other pertinent registration information, and stating that the vehicle has successfully complied with the applicable emission requirements. The notice must also include a notification that the registered owner of the vehicle may return the notice to the authorized agent with the payment as set forth on the notice to pay for the clean screen program. The receipt of the payment from the motor vehicle owner is notice that the motor vehicle has complied with the inspection requirements pursuant to this subsection (5).
(II) For vehicles with registration renewals coming due on or after the dates
specified by the commission for authorized agents to collect emissions inspection fees at the time of registration, if the contractor determines that a motor vehicle required to be registered in the program area has complied with the inspection requirements pursuant to this subsection (5), the contractor shall send a notice to the department of revenue identifying the owner of the vehicle, the license plate number, and any other pertinent registration information, stating that the vehicle has successfully complied with the applicable emission requirements.
(c) The department shall, by contract with a private vendor or by rule,
establish a procedure for a vehicle owner to obtain the necessary emissions-related documents for the registration and operation of a vehicle that has complied with the inspection requirements pursuant to this subsection (5).
Source: L. 94: (3)(a) amended, p. 2812, � 588, effective July 1; entire title
amended with relocations, p. 2297, � 1, effective January 1, 1995. L. 95: (1)(d)(VI), (1)(d)(X), and (3)(b) amended, p. 954, � 10, effective May 25. L. 96: (1)(c) amended, p. 1010, � 1, effective May 23. L. 98: (1)(a)(I), (1)(b)(II)(B), and (1)(b)(II)(C) amended and (4) added, p. 230, � 2, effective April 10; (5) added, p. 893, � 5, effective May 26. L. 99: (1)(b)(I), (1)(d)(IV), and (1)(d)(VI) amended, p. 951, � 1, effective May 28. L. 2001: (1)(a)(I), (1)(b)(II)(A), (1)(d)(VI), (5)(b), and (5)(c) amended, p. 1019, � 6, effective June 5. L. 2002: (5)(a) and (5)(b) amended, pp. 969, 966, �� 6, 2, effective June 1. L. 2003: (1)(a)(I), (1)(b)(I)(B), (1)(b)(II)(A), and (1)(b)(II)(B) amended, p. 1603, � 4, effective August 6; (1)(a)(I), IP(4)(a), and (4)(c) amended, p. 2186, � 2, effective August 6. L. 2005: (5)(b)(I) amended, p. 1175, � 14, effective August 8; (1)(a)(II)(C) and (1)(c)(III) amended, p. 715, � 1, effective September 1. L. 2006: (1)(b)(II)(A) amended, p. 1028, � 6, effective July 1. L. 2009: (1)(d)(II)(B) and (1)(d)(VIII)(A) amended, (SB 09-003), ch. 322, p. 1718, � 3, effective June 1. L. 2011: (1)(d)(II)(B) and (1)(d)(VIII)(A) amended, (SB 11-031), ch. 86, p. 246, � 11, effective August 10. L. 2013: (1)(a)(II)(D) added, (HB 13-1071), ch. 370, p. 2161, � 4, effective August 7. L. 2014: (1)(a)(II)(D) amended, (HB 14-1056), ch. 23, p. 154, � 1, effective March 7. L. 2016: (1)(b)(I)(A) repealed, (SB 16-189), ch. 210, p. 797, � 120, effective June 6. L. 2017: (1)(a)(I) amended, (SB 17-240), ch. 395, p. 2066, � 53, effective July 1; (5)(b) amended, (HB 17-1107), ch. 101, p. 372, � 21, effective August 9. L. 2018: (1)(a)(I) amended, (SB 18-030), ch. 7, p. 142, � 19, effective October 1. L. 2025: (2)(a) amended, (HB 25-1281), ch. 176, p. 737, � 6, effective July 1, 2027.
Editor's note: (1) This section is similar to former � 42-4-312 as it existed
prior to 1994, and the former � 42-4-310 was relocated to � 42-4-308.
(2) Amendments to subsection (3)(a) by House Bill 94-1029 were harmonized
with Senate Bill 94-001.
(3) Subsections (1)(d)(I)(D), (1)(d)(III)(D), (1)(d)(V)(D), (1)(d)(VII)(B), (2)(b)(IV), and
(2)(c)(IV) provided for the repeal of subsections (1)(d)(I), (1)(d)(III), (1)(d)(V), (1)(d)(VII), (2)(b), and (2)(c), respectively, effective July 1, 1995. (See L. 94, p. 2297.)
(4) Amendments to subsection (1)(a)(I) by House Bill 03-1016 and House Bill
03-1357 were harmonized.
(5) Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado
2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.
Cross references: For the legislative declaration contained in the 2001 act
amending subsections (1)(a)(I), (1)(b)(II)(A), (1)(d)(VI), (5)(b), and (5)(c), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act amending subsection (1)(b)(II)(A), see section 1 of chapter 225, Session Laws of Colorado 2006.
C.R.S. § 42-4-311
42-4-311. Operation of inspection and readjustment stations - inspection-only facilities - fleet inspection stations - motor vehicle dealer test facilities - enhanced inspection centers - fees. (1) (a) No inspection and readjustment station license, inspection-only facility license, fleet inspection station license, motor vehicle dealer test facility license, or enhanced inspection center contract may be assigned or transferred or used at any other than the station, facility, or center therein designated, and every such license or authorization for an enhanced inspection center shall be posted in a conspicuous place at the facility designated.
(b) Beginning January 1, 1995, no emissions inspector license or authorization
shall be assigned or transferred except to a licensed inspection-only facility, fleet inspection station, or enhanced inspection center.
(c) No emissions inspector or emissions mechanic license or authorization
may be assigned or transferred, nor shall the inspection and adjustment be made by such emissions inspector or emissions mechanic except at a licensed inspection and readjustment station, inspection-only facility, fleet inspection station, or motor vehicle dealer test facility or authorized enhanced inspection center.
(2) A licensed inspection and readjustment station, inspection-only facility,
fleet inspection station, motor vehicle dealer test facility, or authorized enhanced inspection center shall not issue a certification of emissions control to a motor vehicle except upon forms prescribed by the executive director. Such station, facility, or center shall not issue a certification of emissions compliance or emission waiver unless the licensed or authorized emissions inspector or emissions mechanic performing the inspection determines that:
(a) The exhaust gas and, if applicable, evaporative emissions from the motor
vehicle comply with the applicable emissions standards and there is no evidence of emissions system tampering nor visible smoke, in which case a certification of emissions compliance shall be issued;
(b) The exhaust gas and, if applicable, evaporative emissions from the motor
vehicle do not comply with the applicable emissions standards after the adjustments and repairs required by section 42-4-306 have been performed and there is no evidence of emissions system tampering or visible smoke, in which case a certification of emissions waiver shall be issued. A fleet emission inspector shall not issue a certification of emissions waiver within the enhanced program area.
(3) (a) (I) A verification of emissions test shall be issued to a motor vehicle by
a licensed inspection and readjustment station, inspection-only facility, fleet inspection station, or motor vehicle dealer test facility or authorized enhanced inspection center at the time such vehicle is issued a certification of emissions control.
(II) Except as required by section 42-12-404, no verification of emissions test
is required to be issued to or required for any motor vehicle that is registered as a collector's item under section 42-12-401.
(III) (A) Repealed.
(B) Commencing July 1, 2001, every inspection and readjustment station,
fleet inspection station, and inspection-only facility shall monthly transmit to the department the sum of twenty-five cents per motor vehicle inspection performed by such entity pursuant to this part 3 if the motor vehicle passes such inspection or is granted a waiver. No refund or credit shall be allowed for any unused verification of emissions test forms.
(C) The contractor shall monthly transmit to the department the sum of
twenty-five cents per motor vehicle inspection performed by the contractor pursuant to this part 3 if the motor vehicle passes such inspection or is granted a waiver. No refund or credit shall be allowed for any unused verification of emissions test forms.
(b) The moneys collected by the department from the sale of verification
forms shall be transmitted to the state treasurer, who shall credit such moneys to the AIR account, which account is created within the highway users tax fund. Moneys from the AIR account, upon appropriation by the general assembly, shall be expended only to pay the costs of administration and enforcement of the automobile inspection and readjustment program by the department and the department of public health and environment.
(4) (a) (I) A licensed inspection and readjustment station, inspection-only
facility, or motor vehicle dealer test facility shall charge a fee for the inspection of motor vehicles at facilities licensed or authorized within either the basic or enhanced emissions program. The commission may set or adust the amount of the fee under section 42-4-306 (3)(b)(VI); except that the commission shall not set or adjust the fee for model year 1981 and older motor vehicles to exceed thirty dollars or for 1982 model year and newer motor vehicles to exceed fifty dollars.
(II) In no case shall any such fee exceed the maximum fee established by and
posted by the station or facility pursuant to section 42-4-305 (5) for the inspection of any motor vehicle required to be inspected under section 42-4-310.
(b) A licensed emissions inspection and readjustment station shall charge a
fee for performing the adjustments or repairs required for issuance of a certification of emissions waiver not to exceed the maximum charge established in section 42-4-310 and posted by the station pursuant to section 42-4-305.
(5) The fee charged in paragraph (a) of subsection (4) or subsection (6) of
this section will be charged to all nonresident vehicle owners subject to the inspection requirement of section 42-4-310 and depending on the county of operation.
(6) (a) The amount of the fee charged for enhanced emissions inspections
performed within the enhanced emissions program area on 1982 model year and newer motor vehicles shall not be any greater than that determined by the contract. The amount of the fee charged for clean screen inspections performed on vehicles registered in the basic emissions program area shall not be any greater than that determined by the contract and in no case greater than fifteen dollars. The amount of the fee must not exceed the amount of the maximum fee required to be posted by the enhanced inspection center pursuant to section 42-4-305 for the inspection of any motor vehicle required to be inspected under section 42-4-310. The commission may set or adjust the amount of the fees under section 42-4-306 (3)(b)(VI); except that the commission shall not set or adjust the fee amount to exceed fifty dollars.
(b) During the renewal of a contract entered into pursuant to section 42-4-307 (10), the commission may hold a hearing to determine the maximum fee that
may be charged pursuant to the contract for inspections during any subsequent renewal term. The maximum fee amount must be based on estimated actual operating costs during the life of the contract, determined pursuant to the proceeding. The commission may adjust the amount of the fee under section 42-4-306 (3)(b)(VI).
(c) Repealed.
(7) At least one free reinspection shall be provided for those vehicles initially
failed at the inspection and readjustment station, inspection-only facility, or enhanced inspection center which conducted the initial inspection, within ten calendar days of such initial inspection.
Source: L. 94: (3)(b) amended, p. 2813, � 589, effective July 1; entire title
amended with relocations, p. 2304, � 1, effective January 1, 1995. L. 2001: (3)(a)(III), (4)(a), and (6) amended, p. 1020, � 7, effective June 5. L. 2002: (4)(a) and (6)(a) amended, p. 967, � 3, effective June 1; (4)(a) amended, p. 1285, � 1, effective September 1; (4)(a) amended, p. 968, � 4, effective September 1. L. 2006: (6)(c) added, p. 1029, � 7, effective July 1. L. 2011: IP(2), (2)(b), and (3)(a)(II) amended, (SB 11-031), ch. 86, p. 246, � 12, effective August 10. L. 2012: (6)(c) repealed, (SB 12-034), ch. 107, p. 365, � 5, effective August 8. L. 2013: (3)(a)(II) amended, (HB 13-1071), ch. 370, p. 2161, � 5, effective August 7. L. 2017: (6)(b) amended, (HB 17-1005), ch. 8, p. 24, � 4, effective August 9. L. 2025: (4)(a)(I), (6)(a), and (6)(b) amended, (SB 25-321), ch. 387, p. 2176, � 4, effective June 3.
Editor's note: (1) This section is similar to former � 42-4-313 as it existed
prior to 1994, and the former � 42-4-311 was relocated to � 42-4-309.
(2) Amendments to subsection (3)(b) by House Bill 94-1029 were harmonized
with Senate Bill 94-001.
(3) Subsection (3)(a)(III)(A) provided for the repeal of subsection (3)(a)(III)(A)
effective July 1, 2001. (See L. 2001, p. 1020.)
(4) Amendments to subsection (4)(a) by sections 3 and 4 of House Bill 02-1455 were harmonized.
Cross references: For the legislative declaration contained in the 2001 act
amending subsections (3)(a)(III), (4)(a), and (6), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsection (6)(c), see section 1 of chapter 225, Session Laws of Colorado 2006.
C.R.S. § 42-4-312
42-4-312. Improper representation as emissions inspection and readjustment station - inspection-only facility - fleet inspection station - motor vehicle dealer test facility - enhanced inspection center. (1) No person shall in any manner represent any place as an inspection and readjustment station, inspection-only facility, fleet inspection station, motor vehicle dealer test facility, or enhanced inspection center or shall claim to be a licensed emissions inspector or licensed emissions mechanic unless such station, facility, center, or person has been issued and operates under a valid license issued by the department or contract with the state. If the license or contract is canceled, suspended, or revoked, all evidence designating the station, facility, or center as a licensed inspection and readjustment station, inspection-only facility, fleet inspection station, or motor vehicle dealer test facility or authorized enhanced inspection center and indicative of licensed status of the station, facility, or center or emissions inspector or emissions mechanic shall be removed within five days after receipt of notice of such action.
(2) (a) The department shall have authority to suspend or revoke the
inspection and readjustment station license, inspection-only facility license, fleet inspection license, or motor vehicle dealer test facility license or to seek termination of the contractor's contract and require surrender of said license and unused certification of emissions control forms and verification of emissions test forms held by such licensee or contractor when such station, facility, or center is not equipped as required, when such station, facility, or center is not operating from a location for which the license or contract was issued, when the approved location has been altered so that it will no longer qualify as a licensed station or facility or authorized center, or when inspections, repairs, or adjustments are not being made in accordance with applicable laws and the rules and regulations of the department or commission.
(b) The department shall also have authority to suspend or revoke the
license of an emissions inspector or emissions mechanic and require surrender of said license when it determines that said inspector or mechanic is not qualified to perform the inspections, repairs, or adjustments or when inspections, repairs, or adjustments are not being made in accordance with applicable laws and the rules and regulations of the department or the commission.
(3) In addition to any other grounds for revocation or suspension, authority to
suspend and revoke inspection and readjustment station licenses, inspection-only facility licenses, fleet inspection station licenses, motor vehicle dealer test facility licenses, or enhanced inspection center contracts, or to seek termination of a contractor's contract or an emissions inspector's or emissions mechanic's license and to require surrender of said licenses and unused certification of inspection forms and records of said station shall also exist upon a showing that:
(a) A vehicle which had been inspected and issued a certification of
emissions compliance by said station, facility, or center or by said inspector or mechanic was in such condition that it did not, at the time of such inspection, comply with the law or the rules and regulations for issuance of such a certification; or
(b) An inspection and readjustment station, or emissions mechanic has
demonstrated a pattern of issuing certifications of emissions waivers to vehicles which, at the time of issuance of such certifications, did not comply with the law or the rules and regulations for issuance of such certifications.
(4) Upon suspending the license of an inspection and readjustment station,
inspection-only facility, fleet inspection station, or motor vehicle dealer test facility or an enhanced inspection center contract or of an emissions inspector or emissions mechanic as authorized in this section, the executive director shall immediately notify the licensee or contractor in writing and, upon request therefor, shall grant the licensee or contractor a hearing within thirty days after receipt of such request, such hearing to be held in the county wherein the licensee or contractor resides, unless the executive director and the licensee or contractor agree that such hearing may be held in some other county. The executive director may request a hearing officer to act in the executive director's behalf. Upon such hearing, the executive director or the hearing officer may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books, records, and papers. Upon such hearing, the order of suspension or revocation may be rescinded, or, for good cause shown, the suspension may be extended for such period of time as the hearing person or body may determine, not exceeding one year, or the revocation order may be affirmed or reversed. The licensee shall not perform under the license pending the hearing and decision.
(5) Upon the final cancellation or termination of a contractor's contract, the
executive director shall invoke the provisions of such contract to continue service until a new contract can be secured with qualified persons as supervised by the department of revenue.
Source: L. 94: Entire title amended with relocations, p. 2307, � 1, effective
January 1, 1995.
Editor's note: This section is similar to former � 42-4-314 as it existed prior to
1994, and the former � 42-4-312 was relocated to � 42-4-310.
C.R.S. § 42-4-313
42-4-313. Penalties. (1) (a) No person shall make, issue, or knowingly use any imitation or deceptively similar or counterfeit certification of emissions control form.
(b) No person shall possess a certification of emissions control if such
person knows the same is fictitious, or was issued for another motor vehicle, or was issued without an emissions inspection having been made when required.
(c) Any person who violates any provision of this subsection (1) is guilty of a
class A traffic infraction.
(2) (a) No emissions inspector or emissions mechanic shall issue a
certification of emissions control for a motor vehicle which does not qualify for the certification or verification issued.
(b) Any emissions inspector or emissions mechanic who issues a certification
of emissions control in violation of subsection (2)(a) of this section commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501.
(3) (a) No person shall operate a motor vehicle registered or required to be
registered in this state, nor shall any person allow such a motor vehicle to be parked on public property or on private property available for public use, without such vehicle having passed any necessary emissions test. The owner of any motor vehicle that is in violation of this paragraph (a) shall be responsible for payment of any penalty imposed under this section unless such owner proves that the motor vehicle was in the possession of another person without the owner's permission at the time of the violation.
(b) (Deleted by amendment, L. 2001, p. 1025, � 11, effective June 5, 2001.)
(c) Any vehicle owner who violates any provision of this section is guilty of a
misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifty dollars payable within thirty days after conviction.
(d) Any nonowner driver who violates any provision of this section is guilty of
a misdemeanor traffic offense and, upon conviction thereof, shall be punished by a fine of fifteen dollars, payable within thirty days after conviction.
(e) The owner or driver may, in lieu of appearance, submit to the court of
competent jurisdiction, within thirty days after the issuance of the notice and summons, the certification or proof of mailing specified in this subsection (3).
(f) Any fine collected pursuant to the provisions of this subsection (3) shall
be retained by the jurisdiction in whose name such penalty was assessed.
(g) Nothing in this section shall be construed to limit the authority of any
municipality, city, county, or city and county to adopt and enforce an ordinance or resolution pertaining to the enforcement of emissions control inspection requirements.
(h) to (j) Repealed.
(4) (a) For the emissions program, a contractor who is awarded a contract to
perform emissions inspections within the emissions program area shall be held accountable to the department of public health and environment and the department of revenue. Any such contractor shall be subject to civil penalties in accordance with this section or article 7 of title 25, C.R.S., as appropriate, for any violation of applicable laws or rules and regulations of the department of revenue or the commission.
(b) (I) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive
director may suspend for a period not less than six months the license of any operator or employee operating an inspection-only facility, fleet inspection station, or motor vehicle dealer test facility or may impose an administrative fine pursuant to subparagraph (II) of this paragraph (b), or may both suspend a license and impose a fine, if any such operator or employee, inspection-only facility, fleet inspection station, or motor vehicle dealer test facility engages in any of the following:
(A) Intentionally passing a failing vehicle;
(B) Performing any test by an unlicensed inspector;
(C) Performing a test on falsified test equipment;
(D) Failing a passing vehicle;
(E) Flagrantly misusing control documents; or
(F) Engaging in a pattern of noncompliance with any regulations of the
department of revenue or the commission.
(II) The contract for operation of enhanced inspection centers shall specify
administrative fines to be imposed for the violations enumerated in subparagraph (I) of this paragraph (b).
(c) Pursuant to the provisions of article 4 of title 24, C.R.S., the executive
director shall impose administrative fines in amounts set by the executive director of not less than twenty-five dollars and not more than one thousand dollars against any operator or employee operating an inspection and readjustment station, an inspection-only facility, or a motor vehicle dealer test facility, or any contractor operating an enhanced inspection center or clean screen contractor that engages in two or more incidents per person, station, facility, or center, of any of the following:
(I) Test data entry violations;
(II) Test sequence violations;
(III) Emission retest procedural violations;
(IV) Vehicle emissions tag replacement test procedural violations;
(V) Performing any emissions test on noncertified equipment;
(VI) Wait-time and lane availability violations;
(VII) Physical emissions test examination violations;
(VIII) Knowingly passing failing vehicles; or
(IX) Knowingly failing passing vehicles.
(5) A person that violates this section violates section 18-5-121 and, in
addition to any other penalty, is subject to the penalties of section 18-5-121 (6).
Source: L. 94: (4)(a) amended, p. 2813, � 590, effective July 1; entire title
amended with relocations, p. 2308, � 1, effective January 1, 1995. L. 2001: (1)(a), (1)(b), (2), (3)(a), (3)(b), (4)(a), and (4)(c) amended, p. 1025, � 11, effective June 5. L. 2006: (3)(h), (3)(i), and (3)(j) added, p. 1029, � 8, effective July 1. L. 2012: (3)(h), (3)(i), and (3)(j) repealed, (SB 12-034), ch. 107, p. 365, � 6, effective August 8. L. 2021: (1)(c) and (2)(b) amended, (SB 21-271), ch. 462, p. 3304, � 726, effective March 1, 2022. L. 2025: (5) added, (HB 25-1076), ch. 16, p. 61, � 3, effective August 6.
Editor's note: (1) This section is similar to former � 42-4-315 as it existed
prior to 1994, and the former � 42-4-313 was relocated to � 42-4-311.
(2) Amendments to subsection (4)(a) by House Bill 94-1029 were harmonized
with Senate Bill 94-001.
(3) Section 18(2) of chapter 16 (HB 25-1076), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed or to the issuance, acceptance, or use of identification documents on or after August 6, 2025.
Cross references: (1) For the penalty for a class A traffic infraction
generally, see � 42-4-1701 (3)(a)(I); for the penalty and surcharge for emissions inspections violations of subsections (3)(c) and (3)(d), see � 42-4-1701 (4)(a)(I)(E).
(2) For the legislative declaration contained in the 2001 act amending
subsections (1)(a), (1)(b), (2), (3)(a), (3)(b), (4)(a), and (4)(c), see section 1 of chapter 278, Session Laws of Colorado 2001. For the legislative declaration contained in the 2006 act enacting subsections (3)(h), (3)(i), (3)(j), see section 1 of chapter 225, Session Laws of Colorado 2006.
C.R.S. § 42-4-705
42-4-705. Operation of vehicle approached by emergency vehicle - operation of vehicle approaching stationary emergency vehicle, stationary towing carrier vehicle, or stationary public utility service vehicle. (1) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 42-4-213 or 42-4-222, the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left-hand lane lawfully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
(2) (a) A driver in a motor vehicle shall exhibit due care and caution and
proceed as described in subsections (2)(b) and (2)(c) of this section when approaching or passing:
(I) A stationary authorized emergency vehicle, including a port of entry
vehicle, that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by section 42-4-213 or 42-4-222;
(II) A stationary towing carrier vehicle that is giving a visual signal by means
of flashing, rotating, or oscillating yellow lights;
(III) A stationary public utility service vehicle that is operated by a public
utility, as defined in section 39-4-101 or 40-1-103, or an authorized contractor of the public utility and that is giving a visual signal by means of flashing, rotating, or oscillating amber lights; or
(IV) A stationary motor vehicle giving a hazard signal by displaying
alternately flashing lights or displaying warning lights.
(b) On a highway with at least two adjacent lanes proceeding in the same
direction on the same side of the highway where a stationary vehicle described in subsection (2)(a) of this section is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stationary vehicle described in subsection (2)(a) of this section unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching motor vehicle shall proceed in the manner described in subsection (2)(c) of this section.
(c) (I) On a highway that does not have at least two adjacent lanes
proceeding in the same direction on the same side of the highway where a stationary vehicle described in subsection (2)(a) of this section is located, or if movement by the driver of the approaching motor vehicle into an adjacent moving lane, as described in subsection (2)(b) of this section, is not possible, the driver of an approaching motor vehicle shall reduce and maintain a safe speed with regard to the location of the stationary vehicle described in subsection (2)(a) of this section; weather conditions; road conditions; and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
(II) For the purposes of this subsection (2)(c), the following speeds are
presumed to be safe unless the speeds are unsafe for the conditions as provided in section 42-4-1101 (1) and (3):
(A) If the speed limit is less than forty-five miles per hour, twenty-five miles
per hour or less; or
(B) If the speed limit is forty-five miles per hour or more, twenty miles per
hour less than the speed limit.
(2.5) (a) A driver in a vehicle that is approaching or passing a maintenance,
repair, or construction vehicle that is moving at less than twenty miles per hour shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.5).
(b) On a highway with at least two adjacent lanes proceeding in the same
direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the vehicle, unless directed otherwise by a peace officer or other authorized emergency personnel. If movement to an adjacent moving lane is not possible due to weather, road conditions, or the immediate presence of vehicular or pedestrian traffic, the driver of the approaching vehicle shall proceed in the manner described in paragraph (c) of this subsection (2.5).
(c) On a highway that does not have at least two adjacent lanes proceeding
in the same direction on the same side of the highway where a stationary or slow-moving maintenance, repair, or construction vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2.5), is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary or slow-moving maintenance, repair, or construction vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic, and shall proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel.
(2.6) A driver in a vehicle that is approaching or passing a motor vehicle
where the tires are being equipped with chains on the side of the highway shall exhibit due care and caution and proceed as described in subsection (2) of this section. The driver of a motor vehicle that is being equipped with chains shall give a hazard signal by displaying alternately flashing lights or displaying warning lights.
(3) (a) Any person who violates subsection (1) of this section commits a class
A traffic infraction.
(b) (I) Except as otherwise provided in subsections (3)(b)(II) and (3)(b)(III) of
this section, any person who violates subsection (2), (2.5), or (2.6) of this section commits careless driving as described in section 42-4-1402.
(II) If the person violates subsection (2) of this section and the person's
actions are the proximate cause of bodily injury to another person, the person commits a class 1 traffic misdemeanor.
(III) If the person violates subsection (2) of this section and the person's
actions are the proximate cause of the death of another person, the person commits a class 6 felony and shall be punished as described in section 18-1.3-401.
Source: L. 94: Entire title amended with relocations, p. 2347, � 1, effective
January 1, 1995. L. 2005: Entire section amended, p. 711, � 1, effective July 1. L. 2008: (2.5) and (2.6) added and (3)(b) amended, p. 2081, � 6, effective June 3. L. 2011: (2) amended, (SB 11-260), ch. 298, p. 1434, � 3, effective July 1. L. 2017: (2)(a), (2)(b), (2)(c), and (3)(b) amended, (SB 17-229), ch. 278, p. 1520, � 2, effective September 1. L. 2020: (2) amended, (HB 20-1145), ch. 107, p. 420, � 1, effective September 14. L. 2021: (3)(b)(II) amended, (SB 21-271), ch. 462, p. 3305, � 730, effective March 1, 2022. L. 2023: (2)(a), (2)(b), (2)(c)(I), and (2.6) amended, (HB 23-1123), ch. 19, p. 70, � 1, effective August 7.
Editor's note: This section is similar to former � 42-4-605 as it existed prior
to 1994, and the former � 42-4-705 was relocated to � 42-4-805.
Cross references: (1) Section 1 of chapter 412, Session Laws of Colorado
2008, provides that the act enacting subsections (2.5) and (2.6) and amending subsection (3)(b) shall be known and may be cited as the Charles Mather Highway Safety Act.
(2) In 2011, subsection (2) was amended by the Allen Rose Tow-truck Safety
Act. For the short title, see section 1 of chapter 298, Session Laws of Colorado 2011.
(3) For the short title (Move Over for Cody Act) in SB 17-229, see section 1
of chapter 278, Session Laws of Colorado 2017.
C.R.S. § 43-1-106
43-1-106. Transportation commission - efficiency and accountability committee - powers and duties - report - rules - definitions. (1) There is created the transportation commission, which consists of eleven members. The transportation commission is a type 1 entity, as defined in section 24-1-105.
(2) One member of the commission shall be appointed by the governor from
each of the following districts:
(a) District 1: The city and county of Denver;
(b) District 2: The county of Jefferson;
(c) District 3: The counties of Arapahoe and Douglas;
(d) District 4: The counties of Adams and Boulder;
(e) District 5: The counties of Larimer, Morgan, and Weld;
(f) District 6: The counties of Rio Blanco, Grand, Moffat, Routt, Gilpin, Clear
Creek, and Jackson;
(g) District 7: The counties of Chaffee, Eagle, Garfield, Lake, Summit, Pitkin,
Delta, Gunnison, Mesa, Montrose, and Ouray;
(h) District 8: The counties of Alamosa, Archuleta, Conejos, Costilla, Dolores,
Hinsdale, La Plata, Mineral, Montezuma, Rio Grande, Saguache, San Juan, and San Miguel;
(i) District 9: The counties of El Paso, Fremont, Park, and Teller;
(j) District 10: The counties of Baca, Bent, Crowley, Custer, Huerfano, Kiowa,
Las Animas, Otero, Prowers, and Pueblo; and
(k) District 11: The counties of Cheyenne, Elbert, Kit Carson, Lincoln, Logan,
Phillips, Sedgwick, Washington, and Yuma.
(3) Each district member shall actually reside in the district he or she
represents. If a district member ceases to reside in the district he or she represents, such district member shall be deemed to have resigned as a member of the commission.
(4) (a) Each member of the commission shall be appointed by the governor,
with the consent of the senate, for a term of four years.
(b) Repealed.
(c) As the terms of the members of the commission expire, the governor shall
consider the appointment to the commission of one or more individuals with knowledge or experience in mass transportation to provide for a commission with expertise in different modes of transportation and shall consider the appointment to the commission of at least one individual with knowledge or experience in engineering. In making appointments to the commission, the governor is encouraged to include representation by at least one member who is a person with a disability, as defined in section 24-34-301, a family member of a person with a disability, or a member of an advocacy group for persons with disabilities, provided that the other requirements of this subsection (4)(c) are met.
(5) All members of the commission shall take an oath or affirmation in
accordance with section 24-12-101.
(6) The commission shall meet regularly not less than eight times a year, but
special meetings may be called by the governor, the chairman of the commission, the executive director, or a majority of the members of the commission on three days' prior notice by mail or, in case of emergency, on twenty-four hours' notice by telephone or other telecommunications device. The commission shall adopt rules in relation to its meetings and the transaction of its business. Six members shall constitute a quorum of the commission. All meetings of the commission, in any suit or proceedings, shall be presumed to have been duly called and regularly held, and all orders, rules, and proceedings of the commission to have been authorized, unless the contrary is proved. Each member of the commission shall receive seventy-five dollars per day for each regular or special meeting of the commission actually attended and shall be reimbursed for his or her necessary expenses incurred in the discharge of such member's official duties. Mileage rates shall be computed in accordance with section 24-9-104, C.R.S.
(7) The members of the commission thus designated or appointed and their
successors shall constitute a body corporate to be known by the name and style of the transportation commission of Colorado, shall have the power to adopt and use a common seal and to change and alter such seal at will, and shall have and exercise all powers necessarily incident to a body corporate or as provided by law.
(8) In addition to all other powers and duties imposed upon it by law, the
commission has the following powers and duties:
(a) To formulate the general policy with respect to the management,
construction, and maintenance of public highways and other transportation systems in the state and, in that capacity, to receive delegations, including county commissioners and municipal officials interested therein;
(b) To assure that the preservation and enhancement of Colorado's
environment, safety, mobility, and economics be considered in the planning, selection, construction, and operation of all transportation projects in Colorado;
(c) To make such studies as it deems necessary to guide the executive
director and the chief engineer concerning the transportation needs of the state;
(d) To prescribe the administrative practices to be followed by the executive
director and the chief engineer in the performance of any duty imposed on them by law;
(e) Repealed.
(f) To require the executive director and the chief engineer to furnish
whatever reports, statistics, information, or assistance it may request in studying any particular transportation problem or with respect to the operation of the department generally;
(g) To furnish the executive director and the chief engineer with advice on
any transportation problem with which they may be confronted;
(h) To promulgate and adopt all department budgets, subject to section 43-1-113, and state transportation programs, including construction priorities and the
approval of extensions or abandonments of the state highway system and including a capital construction request, based on the statewide transportation improvement programs, for state highway reconstruction, repair, and maintenance projects to be funded from the capital construction fund as provided in section 2-3-1304 (1)(a.5), C.R.S. The provisions of this paragraph (h) shall not apply to the budget of the aeronautics division; except that the commission has the authority to adopt the portion of the division's budget pertaining to its administrative costs and to make an allocation therefor.
(i) To act as consultants and to provide services and information, to the
boards of county commissioners, which in the discretion of the commission are deemed beneficial to the state of Colorado. Such duty shall include the establishment of a formal hearing process for the boards of county commissioners.
(j) To do all other things necessary and appropriate in the construction,
improvement, and maintenance of the state highway and transportation systems;
(k) To make all necessary and reasonable orders, rules, and regulations in
order to carry out the provisions of this part 1 but not inconsistent therewith, but nothing in this section shall be deemed or construed to give the commission or any member thereof the power to direct any officer or any employee, other than the executive director of the department, to do or not to do anything;
(l) To do all things necessary and appropriate in the construction,
improvement, and maintenance of the public roads serving the state parks and recreation areas and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;
(m) To do all things necessary and appropriate in the construction,
maintenance, and improvement of recreational trails along and across new or existing state or interstate highways and, to this end, to cooperate with the parks and wildlife commission and the director of the division of parks and wildlife;
(n) To prepare an inventory of, description of use of, evaluation of future
plans for, and assessment of the value of property, except for operating highway rights-of-way, held by the department and to determine whether or not the transfer, sale, lease, or other disposition of such property would result in a substantial net benefit to the highway users tax fund or any other fund to which such moneys would be directed. Upon such determination, the commission shall direct the department to dispose of any property that is not anticipated for use for transportation purposes in the reasonably foreseeable future, as determined by the chief engineer, subject to the provisions of section 43-1-210 (5).
(o) To require the internal auditor to perform such audits and furnish such
other information or assistance as is set forth in subsection (12) of this section;
(p) (I) To promulgate all necessary and reasonable regulations to establish
an emerging small business program for the department. In promulgating such regulations, the commission may provide such assistance to eligible small businesses as the commission determines is appropriate to promote the participation of small businesses in the performance of highway construction work, professional services work, and practice of research work and thereby to increase the competition and lower the cost to the state for such work. For the purposes of this paragraph (p), professional services shall have the meaning provided for such term in section 24-30-1402 (6), C.R.S. For the purposes of this paragraph (p), practice of research means the performance of professional services involving the design, data collection and data analysis of studies such as evaluation studies, usage studies, feasibility studies, environmental impact studies, polling studies, and other such studies performed by a person qualified by education or training or actual performance in the field.
(II) The assistance that is provided to small businesses under the regulations
promulgated by the commission pursuant to the provisions of subparagraph (I) of this paragraph (p) may include, but is not necessarily limited to, the following:
(A) Assistance in developing business plans;
(B) The provision of technical assistance to small businesses;
(C) The provision of payments to prime contractors and consultants for the
actual costs incurred by such contractors and consultants in providing job training to small business subcontractors and subconsultants;
(D) The restriction of certain smaller projects to only eligible small
businesses;
(E) The provision of assistance to small businesses with bonding and
retainage requirements, including, but not necessarily limited to, the waiver of bonding or retainage requirements for certain smaller projects;
(F) Increasing the number of smaller projects that could be completed by
small businesses in construction and nonconstruction areas; and
(G) The adjustment of the points awarded in the evaluation of any
prospective consultant who is an eligible small business or who will hire eligible small businesses as subconsultants in construction and nonconstruction areas.
(q) (I) To cooperate or contract with the department of transportation of one
or more states, regional or national associations, or not-for-profit organizations to provide any function, service, or facility lawfully authorized to each, including the sharing of costs, concerning the research, development, implementation, or utilization of transportation studies, issues, and new transportation technology. Said studies, issues, and technology shall include intelligent vehicle highway systems only if such cooperation or contracts are authorized by each party with the approval of its legislative body or other authority.
(II) Any such contract shall set forth fully the purposes, powers, rights,
obligations, and responsibilities, financial and otherwise, of the contracting parties.
(III) Where other provisions of law provide requirements for special types of
intergovernmental contracting or cooperation, those special provisions shall control.
(IV) Any such contract may provide for the joint exercise of any function,
service, or facility, as specified in subparagraph (I) of this paragraph (q), including the establishment of a separate legal entity to do so.
(q.5) In accordance with an implementation plan developed as required by
section 32-9-107.7 (4), and on behalf of the department, to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 or pursuant to articles 121 to 137 of title 7 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the high-performance transportation enterprise, created in section 43-4-806 (2)(a)(I), to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service;
(r) Subject to section 2-3-1307, C.R.S., to cooperate with the executive
director in complying with the requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department;
(s) To promulgate rules or guidelines for the maintenance and administration
of the transportation infrastructure revolving fund in accordance with section 43-1-113.5.
(9) The commission may adopt rules and regulations to provide that traffic
lanes of state highways, or portions thereof, may be designated as diamond lanes for the preferential treatment of buses. The commission may also by rule and regulation provide that diamond lanes, or portions thereof, may also be available for use by vanpools and carpools. Such rules and regulations may include, but shall not be limited to, the minimum number of persons that would constitute a vanpool or carpool, the conditions under which such vanpools and carpools may use such diamond lanes, time restrictions, if any, conformance with existing intergovernmental agreements, and variances between highways. The commission shall report to the senate transportation committee and the house transportation and energy committee as to the utilization of high-occupancy vehicle traffic lanes, and their overall impact on traffic flow and air quality. Any hearings held pursuant to article 4 of title 24, C.R.S., shall be presided over by the commission, its designee for rule-making, or an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S.
(9.5) (a) The commission shall promulgate and implement written policies
based upon the policy directive number 1604.0 issued by the commission on November 18, 1999, or any subsequent policy directive as amended or revised requiring the department to notify and disseminate information regarding transportation construction projects to the public and to residential neighborhoods and businesses that may be affected by transportation construction projects. Such policies shall include at a minimum:
(I) Notification procedures to communities, residences, and businesses
affected by a proposed transportation construction project, including time periods for notification and information about lane closures and detours;
(II) Notification and signage requirements to be followed by contractors for a
transportation construction project;
(III) Requirements for mitigation of impacts, including but not limited to
noise, dust, and access to property caused by a transportation construction project.
(b) The policies issued pursuant to this subsection (9.5) shall not be
construed to reopen the project public participation process for any transportation construction project for which the public participation process has been completed prior to June 1, 2002.
(10) The commission shall define the succession of administrative officers in
the department so that in the absence of the executive director, the deputy director, or the chief engineer there may always be a designated officer to act in his or her stead and to assume the obligation of his or her office.
(11) The commission shall act only by resolution adopted at a duly called
meeting of the commission, and no individual member of the commission shall exercise individually any administrative authority with respect to the department.
(12) (a) Subject to the provisions of section 13 of article XII of the state
constitution, the executive director shall appoint an internal auditor, who shall have the status of a division director and shall have the authority to appoint such personnel as may be necessary for the efficient operation of his office. The executive director shall give presumptive consideration to the recommendations of the commission prior to appointing the internal auditor.
(b) The internal auditor shall conduct and supervise:
(I) Internal audits on the department;
(II) External audits on persons entering into contracts with the department,
as deemed necessary or advisable by the commission;
(III) Such federally required audits as are delegated to the commission or the
department to perform;
(IV) Financial audits in order to ensure the financial integrity of the
department; and
(V) Performance audits to determine the efficiency and effectiveness of the
operations of the department.
(c) The commission shall establish an audit review committee from the
commission membership, which shall oversee the operations of the internal auditor and his staff.
(d) The executive director may direct the internal auditor to conduct such
other audits as the executive director may deem necessary.
(e) It is the intent of the general assembly to shift reporting of, supervision
of, and control of the department's internal auditor to the commission.
(13) Repealed.
(14) The commission shall seek to enter into intergovernmental agreements
with local governmental entities in order to encourage cooperation between the department and local governments and to maximize the efficiency of transportation systems in Colorado. Such intergovernmental agreements shall be negotiated by the chief engineer or the executive director pursuant to the provisions of section 43-1-110 (4).
(15) In addition to any other duties required by law, the commission has the
following charges:
(a) To study the feasibility of generating income for highway operations
through the usage of the powers granted to the department under the provisions of part 2 of article 3 of this title;
(b) To study the feasibility of transferring some or all of the existing tunnel
and highway authorities to the department and to examine the building of a highway beltway in the Denver metropolitan area;
(c) To study whether the regulation of private and public bus companies
should continue to be performed by the public utilities commission or whether such regulation should be performed by the department;
(d) (I) To study and make recommendations for existing and future
transportation systems in Colorado with a focus of such study and recommendations being a ten-year plan for each mode of transportation. The ten-year plan must be based on what can be reasonably expected to be implemented with the estimated revenues which are likely to be available. For each transportation project identified in the ten-year plan, the plan must specify and regularly update as circumstances change:
(A) The time frame during which the project is expected to be completed;
(B) The total estimated amount of funding required to complete the project;
and
(C) Accounting for the total estimated amount of funding for the project, the
amount of funding from each funding source that has been allocated for the project or is anticipated to be allocated for the project. The plan must always identify specific funding sources and amounts that taken together account for full funding for each project identified in the plan but may indicate, to the extent made necessary by data limitations and uncertainties regarding the availability of future funding and with respect to both the plan generally and any individual project, the extent to which and reasons why the sources and amounts of funding listed are uncertain and subject to change.
(II) The commission shall allocate department of transportation funding and
resources to the extent necessary to provide to state and local government elected officials a designated and readily available department contact to receive and respond to their questions about the status and funding of specific transportation projects that affect their communities and constituents. The department shall inform the members of the general assembly and the governing body of each county and municipality in the state of the identity of the designated contact and the means by which the designated contact may be reached.
(e) To examine the application of traffic systems management and
intelligent vehicle highway systems for Colorado highways. The commission shall complete such examination as soon as practicable.
(f) On or before March 31, 2026, to develop and publish best practices and
technical assistance materials concerning the creation of regional transportation authorities pursuant to the Regional Transportation Authority Law, part 6 of article 4 of this title 43, to increase funding for transit and to provide additional transit services within the state.
(16) Repealed.
(17) (a) The commission shall reestablish the standing efficiency and
accountability committee that was initially established in 2009 and disbanded in 2013. The committee shall seek ways to maximize the efficiency and accountability of the department to allow increased investment in the transportation system over the short, medium, and long term. The committee shall include:
(I) From the executive branch of state government:
(A) One member of the commission designated by the commission;
(B) One member from the office of the executive director designated by the
executive director;
(C) One member from each of the divisions of the department created in
section 43-1-104 (1) designated by the executive director after consultation with the directors of each division; and
(D) Any other employees of the department that the executive director may
designate;
(I.5) From the legislative branch of state government:
(A) Two members of the house of representatives, one appointed from the
majority party by the speaker of the house of representatives and one appointed from the minority party by the minority leader of the house of representatives; and
(B) Two members of the senate, one appointed from the majority party by the
president of the senate and one appointed from the minority party by the senate minority leader;
(II) From outside state government, representatives of:
(A) The construction industry;
(B) The engineering industry;
(C) The environmental community;
(D) Transportation planning organizations;
(E) Public transportation providers;
(F) Counties;
(G) Municipalities;
(H) Nonpartisan good governance organizations; and
(I) Any other industries or groups that the commission determines should be
represented on the committee; and
(III) Any individuals or representatives of informally constituted groups of
individuals that the commission determines should be represented on the committee.
(b) The efficiency and accountability committee shall seek to ensure that the
commission and the department execute their duties efficiently and in compliance with all applicable federal and state legal requirements. The committee shall periodically report to the commission and the executive director in order to recommend means by which the commission and the department may execute their duties more efficiently, point out any failures of the commission or the department to comply with applicable federal and state legal requirements, and recommend improvements to commission or department procedures that reduce the likelihood of inadvertent legal compliance failures. The committee shall also specifically examine actions taken by the commission and the department in response to the August 2015 performance audit report prepared by the state auditor titled Collection and Usage of the FASTER Motor Vehicle Fees and report its findings regarding the appropriateness, effectiveness, and efficiency of those actions. The executive director or the executive director's designee shall report at least once per calendar year to either the committees of the house of representatives and the senate that have jurisdiction over transportation or the transportation legislation review committee created in section 43-2-145 (1) regarding the activities and recommendations of the efficiency and accountability committee and any actions taken by the commission or the department to implement recommendations of the committee. Notwithstanding section 24-1-136 (11)(a), C.R.S., the reporting requirement continues indefinitely.
(b.5) (I) The efficiency and accountability committee shall study and report
to the executive director and the commission its findings and any recommendations regarding the following issues relating to consulting engineer contracts:
(A) Implementation of fixed bid procurement in lieu of bids based on hourly
charges;
(B) The quality assurance process;
(C) The revolving door of retired department employees going to work for
consultants;
(D) Incentives for closing out the contracts, early project completion, and
timely problem resolution; and
(E) Project staffing and implementation of the portion of the department
memorandum Work Plan for Consistent CDOT and Consultant Construction Project Administration under the heading Measurements in Fiscal Year 2015.
(II) The department shall annually report to the joint committees of
reference of the house of representatives and the senate to which the department is assigned pursuant to section 2-7-203 (1) as part of the hearing required by section 2-7-203 (2)(a) regarding the findings and any recommendations reported as required by subsection (17)(b.5)(I) of this section and the position of the department with respect to the findings and any recommendations.
(c) A member of the efficiency and accountability committee who has a
personal or private interest that could reasonably be expected to be affected if the commission or the department implements a proposed committee recommendation shall disclose the interest to the committee and shall abstain from any committee vote to adopt or reject the recommendation.
(d) Repealed.
Source: L. 91: Entire part R&RE, p. 1022, � 1, effective July 1. L. 92: (12)(b)(II)
amended, p. 1335, � 1, effective April 9; (8)(p) added, p. 1336, � 1, effective June 1; (8)(o) amended, p. 2183, � 57, effective June 2. L. 94: (8)(q) added, p. 303, � 2, effective March 22; (8)(r) added, p. 566, � 19, effective April 6. L. 95: (8)(h) amended, p. 1297, � 4, effective June 5. L. 96: (15) amended, p. 1272, � 206, effective August 7. L. 97: (16) added, p. 959, � 1, effective August 6. L. 98: (8)(s) added, p. 1098, � 19, effective June 1. L. 99: (8)(e) amended, p. 1400, � 2, effective June 4. L. 2000: (13) amended, p. 1938, � 20, effective October 1. L. 2001: (13) amended, p. 1286, � 74, effective June 5. L. 2002: (9.5) added, p. 992, � 1, effective June 1; (16)(e) amended, p. 872, � 11, effective August 7. L. 2003: (8)(e) and (13) repealed, p. 2660, � 1, effective August 6. L. 2004: (16) repealed, p. 218, � 43, effective August 4. L. 2006: (8)(h) amended, p. 540, � 1, effective July 1. L. 2008: (4)(c) amended, p. 304, � 1, effective August 5. L. 2009: (17) added, (SB 09-108), ch. 5, p. 53, � 14, effective March 2; (4)(c) amended, (HB 09-1281), ch. 399, p. 2155, � 7, effective August 5. L. 2012: (8)(l) and (8)(m) amended, (HB 12-1317), ch. 248, p. 1239, � 105, effective June 4. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1710, � 141, effective August 7. L. 2016: IP(17)(a), IP(17)(a)(I), (17)(a)(II)(E), (17)(a)(II)(F), and (17)(b) amended and (17)(a)(I.5), (17)(a)(II)(G), (17)(a)(II)(H), (17)(a)(II)(I), (17)(a)(III), (17)(c), and (17)(d) added, (HB 16-1172), ch. 331, p. 1341, � 3, effective August 10. L. 2018: (4)(c) amended, (HB 18-1364), ch. 351, p. 2084, � 12, effective July 1; (5) amended, (HB 18-1138), ch. 88, p. 705, � 49, effective August 8. L. 2019: (17)(b.5) added and (17)(d) repealed, (SB 19-076), ch. 102, p. 369, � 3, effective April 12. L. 2020: (4)(b) repealed, (SB 20-136), ch. 70, p. 285, � 15, effective September 14. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 88, � 119, effective February 25; (1) amended, (SB 22-162), ch. 469, p. 3431, � 218, effective August 10. L. 2023: (4)(c) amended, (HB 23-1296), ch. 269, p. 1602, � 14, effective May 25; (15)(d) amended, (SB 23-268), ch. 398, p. 2368, � 1, effective September 1. L. 2024: (8)(q.5) added, (SB 24-184), ch. 186, p. 1052, � 8, effective May 16. L. 2025: IP(15) amended and (15)(f) added, (SB 25-161), ch. 186, p. 820, � 5, effective May 13.
Editor's note: (1) This section is similar to former �� 43-1-103 and 43-1-105 as
they existed prior to 1991.
(2) Amendments to subsection (1) by SB 22-013 and SB 22-162 were
harmonized.
Cross references: (1) For the oath of civil officers prescribed by the state
constitution, see � 8 of art. XII, Colo. Const.; for rule-making procedures, see article 4 of title 24.
(2) For the legislative declaration contained in the 1996 act amending
subsection (15), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 1999 act amending subsection (8)(e), see section 1 of chapter 338, Session Laws of Colorado 1999. For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. For the legislative declaration in SB 19-076, see section 1 of chapter 102, Session Laws of Colorado 2019. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020. For the legislative declaration in SB 24-184, see section 1 of chapter 186, Session Laws of Colorado 2024.
(3) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 43-1-113
43-1-113. Funds - budgets - fiscal year - reports and publications. (1) All funds and moneys to the credit of the department of transportation shall be expended under the supervision and direction of the commission within the total expenditures prescribed by the general assembly for the fiscal year pursuant to section 43-1-112.5; except that moneys in the aviation fund shall be expended pursuant to the provisions of article 10 of this title.
(2) Annually on or before December 15, the commission shall adopt and the
department of transportation shall submit to the joint budget committee, the house transportation and energy committee, the senate transportation committee, and the governor a proposed budget allocation plan for moneys subject to its jurisdiction for the fiscal year beginning on July 1 of the succeeding year. The plan shall be submitted in a format determined by the joint budget committee and shall include, but not be limited to, the following information:
(a) Estimates of all available revenues displayed by source of moneys,
including any carry forward balances anticipated and any restrictions on any available moneys;
(b) All interest and debt redemption charges during the fiscal year;
(c) Allocation of spending, by the following categories of expenditure:
(I) Maintenance of the state highway system;
(II) Construction projects on the state highway system, including capacity
increases;
(III) Administration, which is deemed to include salaries and expenses of the
following offices and their staffs: Commission, executive director, chief engineer, district engineers, budget, internal audits, public relations, equal employment, special activities, accounting, administrative services, building operations, management systems, personnel, procurement, insurance, legal, and central data processing;
(IV) Other departmental staff which are allocated to maintenance or
construction costs on the state highway system and the basis for such allocation;
(V) Repealed.
(VI) (A) Estimated statewide indirect cost recoveries of state agencies
payable from the state highway fund as required by subsection (8) of this section.
(B) Repealed.
(VII) Any land acquisitions pursuant to maintenance or construction projects,
including land acquisitions which may be accomplished by eminent domain;
(VIII) All construction and maintenance projects, grouped by priority order
according to both transportation commission district and statewide priority;
(d) A summary of allocation of spending for the current fiscal year indicating
expenditures which are different from recommended changes made to the proposed budget allocation plan by the joint budget committee, the house transportation and energy committee, and the senate transportation committee in their responses to such plan for the current fiscal year;
(e) A procedure for dealing with emergencies and contingencies unforeseen
at the time of the preparation of the plan and an enumeration of other spending which could be reduced in order to deal with such emergencies or contingencies.
(2.5) Annually on or before October 1, the commission shall submit a request
for state highway reconstruction, repair, or maintenance projects to the capital development committee to be funded from money transferred to the capital construction fund pursuant to section 24-75-302 (2), C.R.S. Such request must be made in accordance with section 2-3-1304 (1)(a.5), C.R.S.
(3) (a) For the fiscal year 1993-94 and for each fiscal year thereafter,
appropriations made by the general assembly to the department of transportation for administrative expenditures, which are listed in subparagraph (III) of paragraph (c) of subsection (2) of this section, shall be set forth in a single line item as a total sum, and such expenditures shall not be identified by project, program, or district.
(b) The provisions of this subsection (3) shall not apply to the aeronautics
division.
(4) (Deleted by amendment, L. 2007, p. 593, � 1, effective August 3, 2007.)
(5) Repealed.
(6) (a) The amount budgeted for administration in no case shall exceed five
percent of the total budget allocation plan. In addition to any other requirements, the budget allocation plan shall include a general state transportation budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and total anticipated revenues, together with the other means of financing the budget for the ensuing fiscal year compiled with corresponding figures for the last completed fiscal year and the fiscal year in progress. It shall also include the statements of the bonded indebtedness of the department of transportation showing the debt redemption requirements, the debt authorized and unissued, and the contents of the sinking funds. As an addendum to the budget allocation plan, there shall be published a complete list of all projects budgeted in prior years which have not been deleted or progressed to completion, including all funds carried over from the budget of previous years, whether resulting from construction or operation for less than the budgeted figure or from incomplete or deleted projects.
(b) Repealed.
(7) Repealed.
(8) (a) The department, out of moneys in the state highway fund budgeted
therefor by the transportation commission and within the total expenditures prescribed by the general assembly for the fiscal year pursuant to section 43-1-112.5, shall reimburse other agencies of state government for the costs incurred by such state agencies in providing necessary services in support of the department and the administration of the highway funds of the state. Such state agencies include, but are not necessarily limited to, the office of the state controller in the department of personnel, the office of state planning and budgeting, the department of personnel, the department of revenue, and the department of the treasury. For any fiscal year, the amount paid to any such state agency shall be the amount indicated in the general appropriation act as the recovery of indirect costs by such state agency out of the state highway fund. The amount so indicated in the general appropriation act for the recovery of indirect costs by any state agency pursuant to this subsection (8) may exceed the actual indirect cost incurred by such agency, but the total of all such statewide indirect cost recoveries indicated in the general appropriation act shall not exceed the total indirect costs reasonably expected to be incurred by all state agencies in providing necessary services in support of the department and the administration of the highway funds of the state. Payments made pursuant to this subsection (8) shall not be subject to the limitations on appropriations and statutory distributions from the highway users tax fund contained in section 43-4-201 (3).
(b) Repealed.
(9) (a) The house transportation and energy committee and the senate
transportation committee shall hold a joint meeting, including the opportunity for a public hearing, for the purpose of review and comment on the proposed budget allocation plan. No later than March 15 of each year, the official response of the house transportation and energy committee and the senate transportation committee to the proposed budget allocation plan, along with any recommended changes to such plan, shall be transmitted to the commission. The joint budget committee may also, by said March 15, transmit to the commission its response to the proposed budget allocation plan. The staff of the joint budget committee shall be available to assist the house transportation and energy committee and the senate transportation committee in their joint review of the proposed budget allocation plan. Nothing contained in this paragraph (a) shall be construed to affect the general powers and duties of the joint budget committee relating to its review of the executive budget and the budget requests of state agencies, including the department of transportation, under section 2-3-203, C.R.S.
(b) Repealed.
(c) (I) No later than April 15 of each year, the commission shall adopt a final
budget allocation plan which shall, upon approval of the governor, constitute the budget for the department for the ensuing fiscal year and which shall comply with the total revenues and expenditures prescribed by the general assembly for such fiscal year pursuant to section 43-1-112.5. Concurrent with submission of the final budget allocation plan to the governor, the commission shall submit in writing to the general assembly its responses to the recommendations of the joint budget committee, the house transportation and energy committee, and the senate transportation committee, or any successor committees. The final budget allocation plan may include some or all of the changes recommended by such committees, but no other changes from the proposed budget allocation plan may be made; except that the commission shall ensure that the final budget allocation plan is within the total revenues and expenditures prescribed by the general assembly pursuant to section 43-1-112.5, and the commission may adopt, consistent with said prescribed amounts, amendments reflecting increases or decreases in revenue or expenditures not anticipated at the time of adoption of the proposed budget allocation plan, amendments increasing or decreasing expenditures as a result of emergencies or contingencies unforeseen at the time of the preparation of the proposed budget allocation plan, and amendments reflecting changes in the amounts indicated in the general appropriation act as statewide indirect cost recoveries payable from the state highway fund as provided in subsection (8) of this section.
(II) This paragraph (c) is effective July 1, 1992.
(10) The department shall report monthly to the commission within fifteen
days after the close of each month the expenditures made from each budget category and the unexpended and unencumbered balance of each budget subcategory and shall make the report publicly available on its website. The department shall also submit a monthly report of financial information to the controller no later than fifteen days after the close of each month. The report must include sufficient financial information for the controller to complete a review of legal overexpenditures, any deficit fund balances, and a budget-to-actual report for all budget lines within the annual general appropriations act as well as any additional information that is deemed reasonable and necessary by the controller.
(11) Repealed.
(12) (a) No expenditure shall be made from the state highway funds in excess
of the amount prescribed by the general assembly pursuant to section 43-1-112.5 and the amount proposed by the final budget allocation plan or amendments thereto adopted pursuant to paragraph (c) of subsection (9) of this section. It is the duty of the controller to disapprove any such expenditures when the reports reflect such excessive expenditures in relation to the amount prescribed by the general assembly pursuant to section 43-1-112.5 and the proposed final budget allocation plan or amendments thereto adopted pursuant to paragraph (c) of subsection (9) of this section.
(b) This subsection (12) is effective July 1, 1992.
(13) The commission shall have no power to adopt a budget allocation plan
which diverts federal funds designated for other projects to any beltway within the Denver metropolitan region constructed by a public highway authority pursuant to part 5 of article 4 of this title.
(14) (a) Except as provided in paragraph (b) of this subsection (14), the fiscal
year of the department of transportation shall commence on July 1 and end on June 30 of each year. The annual final budget allocation plan is to be adopted by the commission on or before April 15 of each year for the ensuing fiscal year, except for that portion of the budget for construction projects which shall be prepared as soon as practicable but not later than sixty days after receipt of notification of federal highway fund apportionments for the ensuing federal fiscal year.
(b) The fiscal year for the department of transportation for the purpose of
highway construction projects shall be a calendar year.
(15) In any highway construction project involving an expenditure not
exceeding five million dollars of state funds in any one fiscal year, the department of transportation, under the supervision and direction of the transportation commission, is authorized to enter into a single contract or agreement for such project and to finance same by revenue from more than one fiscal period. Any such project shall be budgeted by providing the required funds from future as well as current fiscal periods, and the anticipated revenues from future fiscal periods shall be shown in the final budget allocation plan for the first fiscal period in which the project appears, together with the anticipated necessary expenditures for future fiscal periods. Commitment on any such contract shall have priority for payment in the future fiscal periods after payment of such commitments as are now provided by law and after the payment of fixed expenditures for maintenance, administration, and other nonconstruction items.
(16) (a) If there are fewer than three bidders on a design bid build highway
project, no award shall be made if the award is more than ten percent over the estimate of the department of transportation on the project; except that, if the estimate of the department on the project is less than one million dollars and there are fewer than three bidders, the executive director or the executive director's designee may make an award of more than ten percent, but less than twenty-five percent, over the estimate of the department to the low responsible bidder, as defined in section 24-101-301 (23).
(b) Repealed.
(c) (I) Notwithstanding the limitations set forth in subsection (16)(a) of this
section, the executive director may make an award to the low responsible bidder regardless of the estimate of the department if the executive director determines in writing that it is in the best financial, economic, or other interest of the state to do so. The written determination must be included in the contract file and made publicly available by posting on the department's website.
(II) In its annual presentation to the joint committees of reference of the
general assembly that have jurisdiction over transportation required by section 2-7-203, the department shall identify each project for which the executive director made an award pursuant to subsection (16)(c)(I) of this section and shall explain the reasons for making the award and estimate the amount of cost savings achieved by making the award.
(III) The department shall prominently post on the home page of its website
either a list of each state transportation project, regardless of the size of the project or the method of contract procurement that the department is using for the project, for which the department is seeking a contractor or a link to another page on its website that includes such a prominently posted list.
(17) In the event that geotechnical testing or materials testing is required for
any state highway project, the department of transportation may submit a request for proposals to the private sector for the completion of such testing. Such private sector individuals shall be certified by the department of transportation.
(18) Repealed.
(19) (a) Any payments for transportation revenue anticipation notes issued to
finance any qualified federal aid transportation project and any costs associated with the issuance and administration of such notes shall be subject to annual allocation by the commission, in its sole discretion, in accordance with part 7 of article 4 of this title.
(b) Federal transportation funds, as defined in section 43-4-702 (4), that are
paid to the state shall be allocated and used to reimburse the state highway fund, the state highway supplementary fund, or both, for any moneys in said fund or funds used to pay transportation revenue anticipation notes or any costs associated with the issuance and administration of such notes in accordance with section 43-4-705 (2)(c)(II).
Source: L. 91: Entire part R&RE, p. 1032, � 1, effective July 1. L. 93: (1), (3)(a),
(8)(a), (9)(c)(I), and (12)(a) amended, p. 1513, � 16, effective June 6. L. 94: (12)(a) amended, p. 1647, � 86, effective May 31. L. 95: (2.5) and (18) added, p. 1297, � 5, effective June 5; (8)(a) amended, p. 667, � 109, effective July 1. L. 99: (19) added, p. 1119, � 3, effective June 2; (16) amended, p. 598, � 1, effective August 4. L. 2004: (18) repealed, p. 219, � 44, effective August 4. L. 2005: (2)(c)(VI)(B), (6)(b), and (8)(b) repealed, p. 290, � 43, effective August 8. L. 2007: (4) and (9)(c)(I) amended, p. 593, � 1, effective August 3. L. 2009: (16) amended, (SB 09-297), ch. 285, p. 1298, � 4, effective May 20. L. 2010: (8)(a) amended, (HB 10-1181), ch. 351, p. 1631, � 32, effective June 7. L. 2014: (2.5) amended, (HB 14-1387), ch. 378, p. 1853, � 67, effective June 6. L. 2015: (16) amended, (HB 15-1046), ch. 88, p. 255, � 2, effective April 8. L. 2017: (16)(a) amended, (HB 17-1051), ch. 99, p. 353, � 73, effective August 9. L. 2018: (16)(a) amended, (HB 18-1375), ch. 274, p. 1724, � 89, effective May 29; (16)(a) and (16)(c) amended, (SB 18-268), ch. 295, p. 1805, � 1, effective May 29. L. 2021: (10) amended, (HB 21-1066), ch. 105, p. 421, � 1, effective September 7.
Editor's note: (1) This section is similar to former � 43-1-111 as it existed prior
to 1991.
(2) Subsection (2)(c)(V)(B) provided for the repeal of subsection (2)(c)(V),
subsection (5)(b) provided for the repeal of subsection (5), subsection (7)(b) provided for the repeal of subsection (7), subsection (9)(b)(II) provided for the repeal of subsection (9)(b), and subsection (11)(b) provided for the repeal of subsection (11), effective July 1, 1992. (See L. 91, p. 1032.)
(3) Subsection (16)(b)(II) provided for the repeal of subsection (16)(b),
effective July 1, 2013. (See L. 2009, p. 1298.)
(4) Amendments to subsection (16)(a) by SB 18-268 and HB 18-1375 were
harmonized.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014; for the legislative declaration in HB 15-1046, see section 1 of chapter 88, Session Laws of Colorado 2015.
C.R.S. § 43-1-116
43-1-116. Engineering, design, and construction division - created - duties - environmental justice and equity branch. (1) There is hereby created, in the department of transportation, the engineering, design, and construction division, the head of which shall be the chief engineer.
(2) The engineering, design, and construction division and the office of the
chief engineer are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of transportation and the executive director.
(3) The engineering, design, and construction division shall be responsible
for all engineering, design, and construction operations of the department.
(4) The department shall update the bidding rules regarding prequalification
requirements, including the contract amounts for which a bidder is required to submit an audited financial statement reviewed by a certified public accountant. In addition, the chief engineer shall develop a policy regarding how previous relevant experience and the bonding capacity of a contractor will be considered when evaluating proposals and bids submitted for public projects.
(5) The environmental justice and equity branch is created in the
engineering, design, and construction division. The function of the environmental justice and equity branch is to work directly with disproportionately impacted communities, as well as with other department programs, in the project planning, environmental study, and project delivery phases of transportation capacity projects. The environmental justice and equity branch shall identify and address technological, language, and information barriers that may prevent disproportionately impacted communities from participating fully in transportation decisions that affect health, quality of life, and access for disadvantaged and minority businesses in project delivery.
Source: L. 91: Entire part R&RE, p. 1041, � 1, effective July 1. L. 2017: (4)
added, (SB 17-211), ch. 373, p. 1936, � 1, effective August 9. L. 2021: (5) added, (SB 21-260), ch. 250, p. 1412, � 28, effective June 17. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3431, � 220, effective August 10.
Cross references: (1) For the legislative declaration in SB 21-260, see section
1 of chapter 250, Session Laws of Colorado 2021.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 43-1-123
43-1-123. Project closure and project reporting requirements. (1) The department shall close each transportation project and release any money budgeted for the project as quickly as feasible and within one year following the substantial completion of the project unless a pending legal claim relating to the project or an unusual circumstance beyond the control of the department unavoidably requires a longer time to close the project.
(2) Notwithstanding any other provision of state law, for transportation
projects for which the department awards a competitively bid contract on or after July 1, 2016, the department shall report on its public website within thirty days of the contract award:
(a) The identity of the winning bidder;
(b) The amount of the winning bid; and
(c) Whether or not the bid awarded was the low bid, and, if not, why the
department chose the bid over a lower bid.
(3) No later than November 1, 2017, and no later than November 1 of each
year thereafter, the department shall report to the transportation commission regarding the percentages and total amount of money budgeted and expended during the preceding fiscal year for:
(a) Payments to private sector contractors for work on transportation
projects; and
(b) Total transportation project costs for projects completed by department
employees, including indirect cost recoveries and employee salaries.
(4) Repealed.
Source: L. 2016: Entire section added, (SB 16-122), ch. 91, p. 255, � 2,
effective April 14. L. 2017: (4) amended, (SB 17-294), ch. 264, p. 1417, � 114, effective May 25; (4) amended, (SB 17-231), ch. 174, p. 634, � 3, effective August 9.
Editor's note: (1) Amendments to subsection (4) by SB 17-231 and SB 17-294
were harmonized.
(2) Subsection (4)(b) provided for the repeal of subsection (4), effective July
2, 2019. (See L. 2017, p. 634.)
C.R.S. § 43-1-125
43-1-125. Motor vehicles used for commercial purposes - stakeholder group - reporting - rules - legislative declaration - definition. (1) The general assembly hereby finds and declares that:
(a) The way in which Coloradans travel is rapidly changing, and the adoption
of new technologies impacts both the manner in which people travel and the number of vehicles on Colorado roads, presents opportunities for increased efficiency, and requires thorough review;
(b) The state must adapt to these changes by encouraging them to the
extent that they benefit the environment and facilitate the effective movement of people while being proactive in addressing any negative impacts. Specifically, the state must:
(I) Ensure ongoing funding for the transportation infrastructure needed to
support the changes, including the infrastructure needed to support the adoption of new transportation technologies including zero-emissions vehicles; and
(II) Reduce and mitigate the impact on the environment and the
transportation system resulting from the increasing commercial use of personal vehicles for the purposes of ride sharing provided through transportation network companies, as defined in section 40-10.1-602 (3), and car sharing and personal and fleet vehicles for certain other commercial purposes by incentivizing ameliorative practices such as the adoption of zero-emissions vehicles for such commercial use, multiple passenger ride sharing, and the use of ride sharing as a first- and last-mile solution for users of public transit.
(2) The general assembly further finds and declares that it is necessary,
appropriate, and in the best interest of the state to:
(a) Require the department to convene, engage in robust consultation with,
and strongly consider the formal policy recommendations of a stakeholder group comprised of representatives of potentially affected industries, workers, governmental entities, planning organizations, and interest groups for the purposes of:
(I) Examining the economic, environmental, and transportation system
impacts of the adoption of new and emerging technologies and transportation business models;
(II) Receiving information and recommendations from the freight advisory
council regarding current and evolving practices related to the residential delivery of goods; and
(III) Recommending to the department:
(A) Means of addressing the impacts that increase positive impacts and
mitigate negative impacts; and
(B) Whether fees should be levied upon the use of motor vehicles used for
commercial purposes.
(b) Repealed.
(3) (a) As used in this section, unless the context otherwise requires, motor
vehicle used for commercial purposes means a motor vehicle that is used to provide passenger transportation services purchased through a transportation network company, as defined in section 40-10.1-602 (3), a peer-to-peer car sharing company, a car sharing company that does not use a peer-to-peer business model, or a company that provides taxicab service, as defined in section 40-10.1-101 (19); a motor vehicle that is rented out by a rental car company; and a motor vehicle that is used for residential delivery of goods.
(b) Motor vehicle used for commercial purposes does not include:
(I) A motor vehicle used to deliver goods that is used only to deliver goods:
(A) To addresses other than residences; or
(B) That are delivered as freight;
(II) A motor vehicle that has a gross vehicle weight rating of more than
fourteen thousand pounds; or
(III) A motor vehicle that is operated for the purpose of transporting
passengers:
(A) Under a contract with the regional transportation district created in
section 32-9-105, a regional transportation authority created pursuant to part 6 of article 4 of this title 43, or any other governmental or public entity; or
(B) By a common carrier, as defined in section 40-1-102 (3), except as
otherwise provided in subsection (3)(a) of this section.
(4) The department shall convene and engage in robust consultation with a
stakeholder group consisting of:
(a) The following state government employees:
(I) An employee of the department who is not an employee of the high-performance transportation enterprise created in section 43-4-806 (2)(a)(I);
(II) An employee of the Colorado energy office created in section 24-38.5-101 (1);
(III) An employee of the department of revenue; and
(IV) The chief of the Colorado state patrol or the chief's designee;
(b) The following representatives of state and local governments and
transportation planning entities:
(I) A representative of a statewide organization that represents the interests
of counties;
(II) A representative of a statewide organization that represents the interests
of municipalities;
(III) A representative of metropolitan planning organizations, as defined in
section 43-1-1102 (4); and
(IV) A representative of rural transportation planning organizations;
(c) Representatives of the following types of businesses:
(I) Two representatives of transportation network companies, as defined in
section 40-10.1-602 (3);
(II) A representative of a business that has expertise regarding the
technology and processes required to develop, implement, and administer a road usage charge program;
(III) A representative of certificated taxi carriers;
(IV) A representative of a rental car company;
(V) A representative of a business that is a peer-to-peer car sharing program;
(VI) A representative of a car sharing network company that does not use a
peer-to-peer car sharing business model;
(VII) A representative of the freight advisory council;
(VIII) A representative of the contracting industry that works on or
represents businesses that work on transportation infrastructure projects;
(IX) A representative of the engineering industry;
(X) A representative of businesses that provide package delivery services to
end users of the goods in the packages for other businesses;
(XI) A representative of businesses that hire drivers to use their personal
motor vehicles to deliver their own goods to end users of the goods;
(XII) A representative of towing and recovery professionals of Colorado;
(XIII) A representative of autonomous vehicle manufacturers; and
(XIV) A representative of autonomous vehicle technology companies;
(d) A labor representative;
(e) A representative of persons with disabilities;
(f) A representative of persons who advocate for the protection of the
environment;
(g) A transportation network company driver, as defined in section 40-10.1-602 (4); and
(h) Any other individuals who the department deems necessary or
appropriate to include in the stakeholder group.
(5) The stakeholder group convened as required by subsection (4) of this
section shall:
(a) Examine the economic, environmental, and transportation system
impacts of the adoption of new and emerging transportation technologies and business models and identify potential means of addressing the impacts that increase positive impacts and mitigate negative impacts. Neither the department nor the stakeholder group shall obtain or examine any personal or private information concerning users of ride sharing services as part of the examination. The examination shall include, at a minimum:
(I) Quantification of the amount of carbon emissions that can be eliminated
through different means of incentivizing and supporting the use of zero-emissions vehicles as motor vehicles used for commercial purposes;
(II) Examination of the effects of different means of incentivizing multiple
occupant trips in motor vehicles used for commercial purposes;
(III) Identification of the additional or improved transportation infrastructure,
including multimodal infrastructure and infrastructure needed to support the adoption and use of zero-emissions vehicles, that is required to accommodate the impacts on transportation infrastructure resulting from utilization of motor vehicles used for commercial purposes;
(IV) Examination of repealing the requirement of section 40-10.1-605
(1)(d)(IV) that a transportation network company, as defined in section 40-10.1-602 (3), possess proof that a transportation network company driver, as defined in section 40-10.1-602 (4), is medically fit to drive; and
(V) Assessment of the costs of implementing identified potential means of
addressing the impacts.
(b) Present to the department no later than November 1, 2019, a report of
policy recommendations regarding the impacts examined as required by subsection (5)(a) of this section and means of addressing those impacts with funding from the imposition of fees on the use of motor vehicles used for commercial purposes. The report must, at a minimum:
(I) Identify potential fees to:
(A) Generate sufficient revenue for the state and local governments to
mitigate the impacts to the transportation system resulting from the increasing use of motor vehicles used for commercial purposes, fund needed transportation infrastructure, including multimodal infrastructure and the infrastructure needed to support the adoption of zero-emissions vehicles, and defray the administrative costs of fee collection;
(B) Incentivize the adoption of zero-emissions vehicles for utilization as
motor vehicles used for commercial purposes; and
(C) Incentivize multiple passenger ride sharing for motor vehicles used for
commercial purposes and the use of such vehicles as a first- and last-mile solution for public transit users;
(II) Subject to the requirement that fees be imposed only on business entities
and not upon individuals using motor vehicles that are owned primarily as personal vehicles but are also used for commercial purposes, provide recommendations as to whether fees should be imposed on such motor vehicles used for commercial purposes;
(III) Provide recommendations regarding the manner in which fees should be
calculated and imposed, including but not limited to analysis of whether fees should be:
(A) Flat or variable;
(B) Calculated and imposed on a per trip basis, a mileage basis, or a
combination of such bases, or in some other manner;
(C) Imposed at different rates on different classes of motor vehicles;
(D) Imposed at different rates in different locations, at different times of day,
or based on real-time analysis of traffic congestion;
(E) Waived or reduced for trips for which a motor vehicle used for
commercial purposes is used as a first- and last-mile solution for users of public transit; or
(F) Capped at one or more specified maximum amounts; and
(IV) Provide recommendations regarding the rate or rates at which or the
range or ranges of rates within which fees should be imposed.
(6) The department shall report on the progress and policy recommendations
of the stakeholder group, the preliminary plans and recommendations of the department regarding the development and promulgation of rules as required by subsection (7)(a) of this section, and any recommendations that the department has regarding the need for related legislation during its 2019 annual presentation to legislative oversight committees required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give strong consideration to the policy recommendations report provided by the stakeholder group as required by subsection (5)(b) of this section.
(7) Repealed.
(8) Nothing in this section shall supplant the activities or work being
conducted by the freight advisory council.
Source: L. 2019: Entire section added, (SB 19-239), ch. 387, p. 3448, � 1,
effective May 31. L. 2020: (2)(b) and (7) repealed, (HB 20-1376), ch. 207, p. 1016, � 4, effective June 30.
Cross references: For information about the freight advisory council, see
https://www.codot.gov/programs/planning/planning-partners/fac.
C.R.S. § 43-1-1401
43-1-1401. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The increased population growth and economic activity within the state
has resulted in the significant and growing demand for increased construction and reconstruction of highways and other transportation projects within the state to facilitate the movement of people, goods, and information;
(b) As a result of the increased federal and state funding provided to the
department of transportation in recent years for transportation projects, together with the increasing number, size, and complexity of planned transportation projects, the department will benefit from the use of a faster, more efficient, and more cost-effective contractor selection and procurement process to design and construct transportation projects;
(c) A design-build selection and procurement process will provide the
department of transportation with: A savings of time, cost, and administrative burden; improved quality expectations with respect to the schedule and budget of transportation projects, as well as completion of such projects; and a reduction in the risks associated with transportation projects, including reduced duplication of expenses and improved coordination of efforts to meet the transportation needs of Colorado.
(2) The general assembly intends that this part 14 authorize the department
of transportation to enter design-build contracts and to use an adjusted score design-build selection and procurement process for particular transportation projects regardless of the minimum or maximum cost of such projects, based on the individual needs and merits of such projects, and subject to approval by the transportation commission. The general assembly also intends that the department's use of an adjusted score design-build contract process shall not prohibit use of the low bid process currently used by the department pursuant to part 1 of article 92 of title 24 and part 14 of article 30 of title 24, C.R.S.
Source: L. 99: Entire part added, p. 256, � 1, effective April 9.
C.R.S. § 43-1-1402
43-1-1402. Definitions. As used in this part 14, unless the context otherwise requires:
(1) Adjusted score design-build contract process means a process to award
contracts based on the lowest adjusted score of proposals submitted to the department.
(2) Best value means the overall maximum value of a proposal to the
department after considering all of the evaluation factors described in the specifications for the transportation project or the request for proposals, including but not limited to the project schedule, innovative solutions, increased scope, improved quality, aesthetics, sustainability, environmental impact, resilience, initial cost, and long-term life-cycle cost of the transportation project.
(3) Design-build contract means the procurement of both the design and
the construction of a transportation project in a single contract with a single design-build firm or a combination of such firms that are capable of providing the necessary design and construction services. A design-build contract may also include in the contract the procurement of the financing, operation, or maintenance of the project.
(4) Design-build firm means any company, firm, partnership, corporation,
association, joint venture, or other entity permitted by law to practice engineering, architecture, or construction contracting in the state of Colorado.
(4.5) Force majeure means fire, explosion, action of the elements, strike,
interruption of transportation, rationing, shortage of labor, equipment, or materials, court action, illegality, unusually severe weather, act of God, act of war, or any other cause that is beyond the control of the party performing work on a design-build transportation or utility relocation project and that could not have been prevented by the party while exercising reasonable diligence.
(4.7) Project specific utility relocation agreement means an agreement
entered into by the department and a utility company for the purpose of performing utility relocation work necessitated by a design-build transportation project. The agreement may incorporate reasonable and appropriate conditions, including, but not limited to, conditions for ensuring:
(a) The prompt performance of utility relocation work by either the utility
company or the contractor for the design-build transportation project, as specified in the agreement;
(b) The cooperation of the utility company with the contractor for the design-build transportation project;
(c) The timely repayment of any funds advanced to the utility company for
the relocation construction, including interest based on the costs incurred by the department for advancing the funds; and
(d) The payment by the utility company of any damages caused by the
company's delay in the performance of the relocation work or interference with the performance of the project by any other contractor, except when such delay or interference is caused by a force majeure.
(5) Transportation project means any project that the department is
authorized by law to undertake including but not limited to a highway, tollway, bridge, mass transit, intelligent transportation system, traffic management, traveler information services, or any other project for transportation purposes.
(6) Utility company or utility shall have the same meaning as set forth in
23 CFR 645.105.
Source: L. 99: Entire part added, p. 257, � 1, effective April 9. L. 2000: (4.5),
(4.7), and (6) added, p. 1610, � 1, effective June 1. L. 2007: (6) amended, p. 2050, � 103, effective June 1. L. 2009: (3) amended, (SB 09-108), ch. 5, p. 55, � 17, effective March 2. L. 2025: IP and (2) amended, (HB 25-1228), ch. 248, p. 1245, � 2, effective August 6.
Cross references: For the legislative declaration in HB 25-1228, see section 1
of chapter 248, Session Laws of Colorado 2025.
C.R.S. § 43-1-1409
43-1-1409. Rule-making authority. (1) The department may adopt rules in accordance with sections 43-1-110 and 24-4-103, C.R.S., to:
(a) Establish requirements for the procurement of design-build contracts
that it determines necessary or appropriate, including but not limited to rules implementing the design-build selection and contract procedures, subcontracting, and the warranty provisions of this part 14; and
(b) Further define and implement the processes and procedures for the
performance of utility relocation work necessitated by a design-build transportation project, including, but not limited to, the allocation of responsibility for damages due to delay among the department, the design-build contractor, and utility companies that do not enter into project specific utility relocation agreements, and the creation of a forum and process to resolve changes in the conditions of the design-build transportation project that impact utility relocation work when the department and a utility company have not entered into a project specific utility relocation agreement.
Source: L. 99: Entire part added, p. 260, � 1, effective April 9. L. 2000: Entire
section amended, p. 1611, � 2, effective June 1.
C.R.S. § 43-1-1410
43-1-1410. Utility relocation - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) The department is authorized by law to use a design-build process for
transportation projects that allows for the improved coordination, scheduling, and timely performance of transportation projects, resulting in time and cost efficiency;
(b) The scheduling and timely performance of design-build transportation
projects partially depend upon the coordination with utility companies for the prompt performance of utility relocation work necessitated by the project;
(c) Increased coordination between the department and utility companies is
in the public interest and the encouragement and requirement of prompt performance of utility relocation work within the design-build transportation project performance schedule will reduce delays and costs of the projects;
(d) The preferred approach for utility relocation work in a design-build
transportation project is for the utility company to authorize the department's design-build contractor to engage the services of the utility company's prequalified contractors for the design and construction of the relocation work because it places the responsibility for the timely performance of the utility relocation work on the design-build contractor and removes the risk of utility relocation delays from multiple utility companies;
(e) Current law limits the department's authority in relation to payment for
utility relocation, and nothing in this part 14 is intended to alter the department's obligation to pay for utility relocations pursuant to section 43-1-225 or to pay for utility relocations when utility facilities are located on easements owned by the utility;
(f) Allowing the department to fund the design of the utility relocation work
necessitated by a design-build transportation project will foster the coordination of the utility relocation work, which is in the public interest;
(g) In the interest of the public, the department, the design-build contractor,
and the utility company should coordinate their efforts, perform the utility relocation work in accordance with the design-build transportation project performance schedule, and allocate the responsibility for any damages caused by a party's failure to timely perform the relocation work, except when such failure is due to a force majeure;
(h) The review and approval of the utility company of any design work prior
to the commencement of any utility relocation construction in relation to a design-build transportation project will assure that such work meets the quality standards and construction methods of the utility company. The department also recognizes the obligation of utility companies to maintain service to their customers, and the department agrees to work within utility company terms and conditions to maintain service continuity.
(i) For purposes of design-build transportation projects, allowing the
department to provide and condemn, when necessary, a replacement easement for a utility company to relocate its facilities when the utility company's facilities are located in an easement owned by the utility company and to pay for the future relocation of a utility company's facilities if no replacement easement is provided is in the public interest.
Source: L. 2000: Entire section added, p. 1611, � 3, effective June 1.
C.R.S. § 43-1-1411
43-1-1411. Project specific utility relocation agreements. (1) Notwithstanding any other provision of law, if a utility company enters into a project specific utility relocation agreement with the department, the department may:
(a) Pay for the performance of the design work to relocate a utility
company's facilities that are affected by the scope of the design-build transportation project;
(b) Advance funds for the performance of the construction work to relocate
a utility company's facilities affected by the scope of the design-build transportation project; except that any advance of funds pursuant to this paragraph (b) shall be subject to full repayment by the utility company with interest based on the cost incurred by the department for advancing the funds; and
(c) Perform any utility relocation work through the contractor for the design-build transportation project in accordance with the utility company's specifications
for the relocation work and subject to the utility company's prior review and written approval of the relocation work to assure that the work meets the quality standards and construction methods of the company. The performance of any relocation work shall also be subject to inspection and approval by the utility company, during the performance of the work and prior to completion of the relocation work, and the department shall take appropriate measures to ensure service continuity.
(2) It is the intent of the general assembly that the department work with the
utility company to come to a mutually satisfactory agreement with the utility company so that the design-build transportation project may proceed to be constructed in an efficient manner without causing interruption of utility services. If the utility company is unable to reach a project specific utility relocation agreement with the project manager negotiating such agreement for the department, the utility company shall be provided the opportunity to address its concerns with the department's district engineer, who shall give due consideration to all issues raised by the utility company and shall strive to accommodate reasonable modifications requested by the utility company to the department's proposed project specific utility relocation agreement. If an agreement cannot be reached between the district engineer and the utility company, the executive director of the department shall review the disputed issues and seek to resolve the dispute. If the executive director is unable to reach agreement with the utility company, the executive director shall prepare a written report setting forth the reasons that the dispute could not be resolved and shall provide such report to the utility company within three business days.
(3) For any utility company that chooses not to enter into a project specific
utility relocation agreement with the department for the performance of utility relocation work:
(a) The department may direct the utility company to perform or allow the
performance of the utility relocation work within the performance schedule for the design-build transportation project;
(b) The utility company shall pay for damages caused by the company's
delay in the performance of the utility relocation work or interference with the performance of the design-build transportation project by other contractors, including, but not limited to, payments made by the department to any third party based on a claim that performance of the design-build transportation project was delayed or interfered with as a direct result of the utility company's failure to timely perform the utility relocation work; except that damages resulting from delays in the performance of the utility relocation work caused by a force majeure shall not be charged to the utility company; and
(c) The department may withhold issuance of a permit for the location or
installation of other facilities to a utility company until the company pays the department damages caused by the company's delay in the performance of the relocation work or interference with the performance of the design-build transportation project by any other contractor. Any person aggrieved by an action of the department in denying a permit may apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106, C.R.S.
(4) The department shall provide written notice to any utility company of a
design-build transportation project that will require the relocation of the company's facilities as soon as practicable following the environmental clearance for the project. The notice shall include all available and relevant information concerning the project, including the performance schedule for the project within which the utility relocation work must be completed in order to coordinate with and avoid delay in the performance of the project.
(5) When feasible, the department shall provide a replacement easement for
a utility company whose facilities are to be relocated from an easement owned by the utility company to accommodate a design-build transportation project, and the department shall condemn the replacement easement when necessary. If no replacement easement is provided, the department shall fund the initial relocation of the easement owner's facilities and shall also fund all future relocations of those utility companies whose facilities occupy the easement at the time of the design-build transportation project at the department's sole expense in lieu of compensating the utility companies for the loss of the easement. The utility company shall quitclaim to the department that portion of the easement that is replaced or extinguished.
(6) Nothing in this section or in section 43-1-1412 shall change the authority,
rights, responsibilities, or obligations of the department or of any owner of real or personal property in an eminent domain proceeding or any existing statutory or case law applicable to eminent domain proceedings.
Source: L. 2000: Entire section added, p. 1613, � 3, effective June 1.
C.R.S. § 43-1-1412
43-1-1412. Utility relocation delays. (1) When a utility company delegates the responsibility for the performance of any utility relocation work necessitated by a design-build transportation project to the department's contractor for the project pursuant to a project specific utility relocation agreement, the utility company shall not be responsible to the department for any damages caused by the delay in the performance of the relocation work or the interference by the department's contractor in the performance of any part of the project by another contractor.
(2) (a) When a utility company chooses to perform any utility relocation work
necessitated by a design-build transportation project, the utility company shall complete the relocation work within the time specified in the project specific utility relocation agreement or in the performance schedule for the project as set forth in the written notice provided to the company by the department in accordance with section 43-1-1411 (4). The company shall not interfere with the performance of the design-build transportation project by any other contractor.
(b) Notwithstanding the provisions of section 43-1-1411 (3)(b), a utility
company shall not be liable for damages caused by the failure to timely perform the relocation work or the interference with the performance of the design-build transportation project by any other contractor when the failure to perform or the interference is caused by a force majeure.
Source: L. 2000: Entire section added, p. 1615, � 3, effective June 1.
PART 15
PROVISION OF RETAIL OR COMMERCIAL GOODS AND SERVICES
AT PUBLIC TRANSPORTATION TRANSFER FACILITIES
ON DEPARTMENT-OWNED PROPERTY
Cross references: For the legislative declaration contained in the 1999 act
enacting this part 15, see section 1 of chapter 88, Session Laws of Colorado 1999.
C.R.S. § 43-1-228
43-1-228. High voltage lines in state highway right-of-way - development projects and priorities - surcharge - study - reports - rules - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) High voltage line means any line for the transmission of electric current
with a nominal voltage in excess of one hundred fifteen kilovolts that is co-located longitudinally in a state highway right-of-way and all supporting structures and accessories necessary for such line. High voltage line does not include any line for the transmission of electric current that crosses a state highway right-of-way.
(b) Rule has the same meaning as set forth in section 24-4-102 (15).
(c) State highway means any highway owned, controlled, or maintained by
the state, including federal-aid primary or secondary systems or the interstate system. State highway does not include a public highway operated by a public highway authority in accordance with the Public Highway Authority Law, part 5 of article 4 of this title 43.
(d) Transmission developer means:
(I) A transmission utility, as defined in section 40-5-108 (1)(b);
(II) The Colorado electric transmission authority created in section 40-42-103;
(III) A generation and transmission cooperative or association;
(IV) An independent transmission developer, which is an entity not owned by
a public or investor-owned utility and which develops transmission lines and infrastructure; and
(V) Any of the following entities that have voted to exempt themselves from
the Public Utilities Law, articles 1 to 7 of title 40, pursuant to section 40-9.5-103:
(A) A municipally owned utility;
(B) A power authority established pursuant to section 29-1-204 (1); or
(C) A cooperative electric association, as defined in section 40-9.5-102 (1).
(2) State highway high voltage line co-location projects. (a) (I) Upon the
request of a transmission developer, the department shall provide to the transmission developer the best available information on potential future state highway development projects, as included in the statewide transportation plan, that could impact the placement of a high voltage line within a state highway right-of-way.
(II) The department shall process such a request for information in the order
that it was received, in accordance with the department's special use permitting process.
(b) (I) If the department and a transmission developer agree that an
identified site may be suitable for development or construction of a high voltage line within a state highway right-of-way, the department shall develop a preconstruction plan review schedule that includes all applicable sections of the state highway utility accommodation code, 2 CCR 601-18, or any successor code.
(II) Upon approval of the preconstruction requirements outlined in a
preconstruction plan, the transmission developer shall provide a constructability, access, and maintenance report to be utilized when transmission line co-location projects in a state highway right-of-way are being planned and approved.
(III) The constructability, access, and maintenance report must include
mitigation strategies for potential impacts of the proposed high voltage line, as identified by the department in consultation with the Colorado energy office created in section 24-38.5-101 and other consulting agencies in the discretion of the department. Potential impacts include impacts to:
(A) Habitat, wildlife, and wildlife crossings;
(B) Communities; and
(C) Disproportionately impacted communities, as defined in section 24-4-109
(2)(b)(II).
(IV) (A) A mitigation strategy for an impact to a disproportionately impacted
community, as outlined in a constructability, access, and maintenance report, must include community engagement that follows best practices for community engagement. The department shall review whether a transmission developer has followed best practices for community engagement. In its review, the department shall consider the recommendations outlined in the Colorado environmental justice action task force's 2022 final report of the task force, as defined in section 25-1-133 (1)(f).
(B) Community engagement activities that are consistent with regulations or
requirements of the public utilities commission satisfy the requirements of this subsection (2)(b)(IV) for community engagement.
(V) A constructability, access, and maintenance report must be approved by
the department before the department issues a permit for the use of a state highway right-of-way.
(c) All work performed under a contract for the location of a high voltage line
within a state highway right-of-way, as allowed pursuant to this section, that is an energy sector public works project, as defined in section 24-92-303 (5)(a), must comply with the requirements of section 24-92-115 (7) and part 2 of article 92 of title 24. Any contractor hired to perform such work shall comply with the standards described in section 40-42-107.
(d) Notwithstanding any provision of this section to the contrary, a
transmission developer seeking to locate a high voltage line within a state highway right-of-way within the exterior boundaries of an Indian reservation shall first obtain written consent of the applicable tribal government.
(3) High voltage line or facility site priorities - reports. (a) Beginning on
January 1, 2027, within thirty calendar days of filing for a local permit for the construction or development of high voltage lines or facilities necessary for high voltage transmission, a transmission developer shall make available on a public-facing project website or utility website a report that:
(I) Describes the analysis undertaken for route selection;
(II) Demonstrates that the transmission developer considered or is
considering development sites in the following order of priority:
(A) First, existing utility corridors, where adding new lines or making
improvements to existing lines can achieve expanded electric capacity at the lowest possible cost;
(B) Second, state highway rights-of-way; and
(C) Last, new utility corridors; and
(III) Includes an evaluation of the economic impacts, engineering
considerations, and reliability of the electric system.
(b) A transmission developer shall update the report described in subsection
(3)(a) of this section if the transmission developer materially changes the transmission route beyond minor route adjustments and shall make the updated report available on the same public-facing project website or utility website.
(c) Nothing in this subsection (3) requires a transmission developer to select
an existing utility corridor or a state highway right-of-way for development of high voltage lines or facilities.
(d) The failure of a transmission developer to comply with this subsection (3)
does not:
(I) Create a cause of action for a civil suit seeking monetary damages or
injunctive relief; and
(II) Constitute a legal basis for a governmental entity to deny a permit or
withhold other approval for a high voltage line.
(4) Compensation to department for right-of-way access. (a) (I) A
transmission developer shall compensate the department for its co-location of high voltage lines in a state highway right-of-way. A transmission developer may compensate the department through surcharges as provided in subsection (4)(b) of this section or through a public-private initiative as provided in subsection (4)(c) of this section.
(II) The surcharges for a transmission developer's use of a state highway
right-of-way are an alternative method to compensating the state through in-kind infrastructure exchange in a public-private initiative, as defined in section 43-1-1201 (3). The entity requesting access to the right-of-way has the discretion to choose which process it will use to compensate the state for its use of the right-of-way.
(III) A transmission developer may enter into a public-private initiative to
compensate the department for access to the state highway right-of-way after rule-making pursuant to subsection (6) of this section is complete. The option to compensate the department for access to the state highway right-of-way by paying surcharges is available beginning on July 1, 2027.
(b) The department may impose surcharges on a transmission developer for
its access to a state highway right-of-way, including a one-time surcharge to cover the costs of a permit for the use of the right-of-way and an annual use surcharge for the use of the right-of-way. The department shall establish the surcharges by rule pursuant to subsection (6)(b)(IV) of this section.
(c) A transmission developer may compensate the department for its access
to a state highway right-of-way through in-kind infrastructure exchange in a public-private initiative, as defined in section 43-1-1201 (3).
(5) State highway corridor study - report. (a) Through a public-private
partnership, where funding is provided by private partners, the Colorado electric transmission authority created in section 40-42-103, in collaboration with the department, the Colorado energy office created in section 24-38.5-101, the Colorado public utilities commission created in section 40-2-101, and other state agencies, including the division of parks and wildlife in the department of natural resources created in section 33-9-104, shall study state highway corridors to identify potential corridors that may be suitable for high voltage transmission line development. The study must identify all private entities providing funding.
(b) The Colorado electric transmission authority shall complete the study
required by this subsection (5) no later than eighteen months after the date that funding is secured from private partners.
(c) The Colorado electric transmission authority shall publish a report on the
findings of the study required by this subsection (5) on its website and shall share the report with the department, the Colorado energy office, the Colorado public utilities commission, the division of parks and wildlife in the department of natural resources created in section 33-9-104, and, as appropriate, other state agencies.
(6) Rules. (a) The department shall update its rules concerning access to
state highway rights-of-way to accommodate high voltage lines pursuant to the state highway utility accommodation code, 2 CCR 601-18, or any successor code.
(b) The executive director shall adopt rules as necessary to implement this
section. The rules must:
(I) Clarify that longitudinal high voltage lines may be permitted in state
highway rights-of-way if identified criteria are met;
(II) Create a process through which a transmission developer must submit a
request to the department for a permit for the use of a state highway right-of-way to construct a high voltage line;
(III) Establish the process for the denial of a permit request submitted by a
transmission developer for a high voltage line if the proposed project presents a risk to public safety or prevents the proper functioning of the state highway; and
(IV) Set the surcharges for a transmission developer's access to a state
highway right-of-way, as described in subsection (4) of this section, as follows:
(A) Surcharges must be paid at a rate of six hundred dollars per mile;
(B) Surcharges cover a twenty-year access term and may be paid as a lump
sum one-time payment of twelve thousand dollars per mile or as an annual payment of six hundred dollars per mile for each year of the twenty-year access term;
(C) Beginning on July 1, 2028, and on every July 1 thereafter, the department
may adjust the amount of the dollar-per-mile surcharge for inflation in accordance with the average annual percentage change in the United States department of transportation, federal highway administration, national highway construction cost index or its applicable predecessor or successor index for the five-year period ending on the last December 31 before a state fiscal year for which an inflation adjustment to the surcharge is made to begin;
(D) The twenty-year access term covered by the surcharges may be renewed
every twenty years; and
(E) The department shall establish prorated surcharges for high voltage line
transmission development projects with installations of less than three hundred feet.
(c) The department shall update its rules as required by subsection (6)(a) of
this section and adopt the rules required by subsection (6)(b) of this section no later than January 1, 2027.
Source: L. 2025: Entire section added, (HB 25-1292), ch. 175, p. 729, � 2,
effective August 6.
Cross references: For the legislative declaration in HB 25-1292, see section 1
of chapter 175, Session Laws of Colorado 2025.
PART 3
HIGHWAY RELOCATION ASSISTANCE ACT
43-1-301 to 43-1-311. (Repealed)
Source: L. 89: Entire part repealed, p. 1084, � 14, effective March 31.
Editor's note: This part 3 was numbered as article 3 of chapter 120, C.R.S.
-
For amendments to this part 3 prior to its repeal in 1989, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Cross references: For the relocation assistance and land acquisition policies, see article 56 of title 24.
PART 4
ROADSIDE ADVERTISING
Editor's note: This part 4 was numbered as article 18 of chapter 120, C.R.S.
-
The substantive provisions of this part were repealed and reenacted in 1981, causing some addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 4 prior to 1981, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973, beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For regulation of advertising on county roads, see �� 43-2-139 and 43-2-141.
C.R.S. § 43-1-420
43-1-420. Specific information signs and tourist-oriented directional signs authorized - rules. (1) (a) The department may erect, administer, and maintain signs within highway rights-of-way for the display of advertising and information of interest to the traveling public, pursuant to the federal authority set forth in 23 U.S.C. secs. 109 (d), 131 (f), and 315 and 49 CFR 1.48 (b).
(b) In addition to erecting, administering, and maintaining the signs
authorized by paragraph (a) of this subsection (1), the department may authorize the erection, administration, and maintenance of specific information signs within highway rights-of-way upon the interstate system for the purpose of providing information pursuant to federal authority.
(1.5) As used in this section, urbanized area means that area within the
boundary of a metropolitan area having a population of fifty thousand or more as determined by the United States bureau of the census in its latest census and as included on the urbanized area map approved by the department.
(2) The department may issue permits for business signs to be installed on
specific information signs, all such specific information signs and business signs to be constructed and installed at the expense of the business being identified unless otherwise specified by a contractor in an agreement negotiated pursuant to section 43-1-1202 (1)(a)(XI). Permits for such business signs shall be issued for a period of one year, beginning each January 1, without proration for periods less than a year. Each application for an initial permit or for a renewal of an existing permit shall be accompanied by an administration and maintenance fee to be determined by the department or by the contractor in an agreement negotiated pursuant to section 43-1-1202 (1)(a)(XI). In the event that the number of applications for permits for a particular location exceeds the number of business signs that can be accommodated at that location, the department or, if so specified in an agreement negotiated pursuant to section 43-1-1202 (1)(a)(XI), the contractor, shall develop a method for the annual rotation of such business signs. The department shall not condition eligibility for business signs on the utilization of any other off-premise outdoor advertising devices.
(3) The department may issue permits and adopt rules for the erection,
administration, and maintenance of tourist-oriented directional signs within highway rights-of-way not on the interstate system and not on freeways or expressways, as such highways are defined in the rules, that are in urbanized areas, for the display of information of interest to the traveling public pursuant to the federal authority therefor as set forth in 23 U.S.C. secs. 109 (d), 315, and 402 (a) and 49 CFR 1.48 (b) and in accordance with federal requirements. Any tourist-oriented directional sign erected pursuant to this subsection (3) shall be required to comply with all applicable regulations of the county, city and county, or municipality in which the sign is located. A county, city and county, or municipality may choose to authorize such signs within its jurisdiction by adoption of a resolution to that effect by the governing body of the county, city and county, or municipality, which resolution shall be directed to the executive director of the department or the executive director's designee. Upon receipt of the resolution, the department shall authorize further implementation of the tourist-oriented directional sign program within the affected jurisdiction subject to the rules adopted by the department. The department shall not condition eligibility for business signs on the utilization of any other off-premise outdoor advertising devices.
(4) The department may contract with private businesses to implement all or
part of the sign programs authorized by this section pursuant to the public-private initiatives program set forth in part 12 of this article.
(5) Repealed.
Source: L. 81: Entire part R&RE, p. 2018, � 1, effective July 1. L. 87: Entire
section amended, p. 1551, � 1, effective March 12. L. 89: (3) added, p. 1628, � 1, effective May 26. L. 98: Entire section amended, p. 165, � 2, effective August 5. L. 2004: (5) added, p. 9, � 1, effective August 4. L. 2008: (1)(b) and (3) amended, p. 287, � 1, effective August 5. L. 2012: (1)(a) and (5) amended, (HB 12-1108), ch. 187, p. 713, � 1, effective August 8. L. 2013: (5) repealed, (HB 13-1300), ch. 316, p. 1710, � 142, effective August 7.
Cross references: For the legislative declaration contained in the 1998 act
amending this section, see section 1 of chapter 65, Session Laws of Colorado 1998.
C.R.S. § 43-2-209
43-2-209. Contract for work on highways - advertise for bids. If any board of county commissioners desires to let out any work on the county highways by contract, it may advertise in a legal newspaper in the county or post a notice in the county courthouse, for a period of not less than ten days before the contract is let, for sealed proposals for performing the work. When a contract for work on highways involves expenditures equal to or greater than the amount at which a contract requires a contractor's bond under section 38-26-105, C.R.S., the board of county commissioners shall advertise in a newspaper as provided in this section unless such advertisement, in the judgment of the board, would be detrimental to the immediate preservation of the public peace, health, and safety. The advertisement must describe the work to be done and its location and must refer all persons to the person holding the plans and specifications therefor. and such contract shall be awarded to the lowest responsible bidder, the board reserving the right to reject any bids proffered. The cost of any county highway work mentioned in sections 43-2-208 to 43-2-210 may be paid out of the county road and bridge fund or emergency road fund, as the board may determine.
Source: L. 33, Ex. Sess.: p. 69, � 2. CSA: C. 143, � 68. CRS 53: � 120-1-9.
C.R.S. 1963: � 120-1-9. L. 73: p. 1232, � 1. L. 2014: Entire section amended, (HB 14-1121), ch. 31, p. 180, � 1, effective March 14.
C.R.S. § 43-3-202
43-3-202. Powers granted to department. (1) In addition to the powers now possessed by it, the department of transportation has power:
(a) To formulate, by its own initiative or by recommendation of the governor,
plans for the development and improvement of the state highway system by the construction of turnpikes within the state and to conduct engineering surveys and perform any other acts necessary in determining the feasibility of such plans. Turnpike means any highway or express highway, tunnel, or toll tunnel constructed under the provisions of this part 2 and includes all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, service stations, and administration, storage, and other buildings which the department of transportation may deem necessary for the operation of such turnpike, together with all property, rights, easements, and interests which may be acquired by the department of transportation for the construction or the operation of such turnpike.
(b) To design, finance, construct, operate, maintain, improve, and reconstruct
turnpikes in the state and to acquire, construct, operate, control, and use the turnpikes and all works, facilities, and means necessary or convenient to the full exercise of the powers granted in this section. It is declared that such turnpikes are public highways of the state.
(c) To take all steps and adopt all proceedings and to make and enter into all
contracts or agreements with other states, the United States, or any of its agencies, instrumentalities, or departments, including, without limiting the generality of the foregoing, the reconstruction finance corporation or with public corporations within the state necessary or incidental to the performance of its duties and the execution of its powers under this part 2; but any contract relating to the financing of any such construction, maintenance, improvement, or reconstruction shall be approved by the governor before the same becomes effective;
(c.5) To make and enter into contracts or agreements with one or more
public or private entities to design, finance, construct, operate, maintain, reconstruct, or improve a turnpike project by means of a public-private initiative pursuant to section 43-3-202.5 and part 12 of article 1 of this title;
(d) To establish, revise periodically, and collect fees, fares, and tolls for the
privilege of traveling along and over the turnpikes and for such other uses as may be made available by the establishment of such turnpikes, to adopt such rules governing the use of the turnpikes as the department of transportation may determine to be advisable, and to exercise such other powers and authority as may be necessary or convenient to the practical and full operation and use thereof;
(e) To set aside in a special sinking fund and to pledge any and all fees,
fares, and tolls and all income however derived to the payment of the principal of and the interest on the bonds authorized in this part 2 to be issued;
(f) To set aside in a special sinking fund and to pledge from the proceeds in
the state highway fund derived from the imposition of licenses, registration, and other charges with respect to the operation of any motor vehicle upon any public highway of the state and the proceeds from the imposition of any excise tax on gasoline or other liquid motor fuel an amount sufficient to ensure the payment of the principal and interest on the bonds authorized in this part 2 to be issued promptly as the same respectively become due; except that any such pledge shall first be approved by joint resolution of the senate and house of representatives and further except that the amount so set aside and pledged shall not exceed in any one year one hundred percent of the total of the following:
(I) The amount of principal and interest falling due during such year; and
(II) The amount required to be paid into the special sinking fund as a
reasonable reserve for the payment of the bonds authorized in this part 2 in accordance with the resolution of the transportation commission authorizing their issuance as approved by the joint resolution of the senate and house of representatives.
(g) To accept grants and permits from and to cooperate with the United
States or any agency, instrumentality, or department thereof in the construction, reconstruction, maintenance, improvement, operation, and financing of turnpikes or their appurtenances and to do all things necessary to avail itself of such cooperation;
(h) To designate as a turnpike project a described territory or a described
portion of the highway system of the state to be constructed or improved under this part 2;
(i) To cooperate, negotiate, and contract with other states in any manner
necessary to effect the purposes of this part 2;
(j) To require that each contractor to whom is awarded any contract for the
construction, erection, repair, maintenance, or improvement of any turnpike, as defined in paragraph (a) of this subsection (1), shall, before entering upon the performance of any work included in said contract, execute, deliver to, and file with the department of transportation a good and sufficient bond to be approved by the department of transportation in an amount to be fixed by the department of transportation, which amount shall be not less than twenty-five percent of the total amount payable by the terms of said contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the faithful performance of the contract according to the terms thereof, and, in addition, shall provide that, if the contractor or his subcontractors fail to duly pay for any labor, materials, motor vehicle or team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractor or his subcontractor or contractors in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight percent per annum.
Source: L. 49: p. 601, � 2. CSA: C. 143, � 125(2). CRS 53: � 120-8-2. L. 54: pp.
151, 154, 155, �� 1, 1-3. L. 56, 1st Ex. Sess.: pp. 28, 36, 37, �� 1, 1-3. C.R.S. 1963: � 120-8-2. L. 84: (1)(a) and (1)(b) amended, p. 1112, � 1, effective April 9. L. 91: IP(1), (1)(a), (1)(d), (1)(f)(II), and (1)(j) amended, p. 1112, � 162, effective July 1. L. 96: (1)(b), (1)(d), and (1)(f) amended and (1)(c.5) added, p. 461, � 1, effective April 23.
C.R.S. § 43-3-302
43-3-302. Traffic laws - toll collection - definitions. (1) (a) The transportation commission shall review a toll road or toll highway company's toll schedule as part of the project description submitted for approval as part of the statewide transportation plan and every five years thereafter if eminent domain is used by the department of transportation to acquire any part of the right-of-way for a toll road or toll highway. The review shall be limited to determining whether a reduced toll may be imposed on high occupancy vehicles and public mass transit vehicles in order to encourage the use of such vehicles on the toll road or toll highway.
(b) As used in this subsection (1):
(I) High occupancy vehicles means vehicles that carry at least the number
of persons specified by the transportation commission.
(II) Public mass transit vehicles means vehicles other than charter or
sightseeing vehicles that:
(A) Are operated by or under contract with the regional transportation
district created pursuant to article 9 of title 32, C.R.S., or a regional transportation authority created pursuant to part 6 of article 4 of this title; and
(B) Provide regular and continuing general or special transportation to the
public.
(c) In determining whether a reduced toll may be imposed on high occupancy
vehicles and public mass transit vehicles, the transportation commission shall ensure that the reduced toll does not limit or preclude a toll road or toll highway company's:
(I) Recovery of the costs associated with operations, toll collection, and
administration; and
(II) Repayment of the company's capital outlay costs for the project and
recovery of a reasonable return on the company's investment.
(2) State and local law enforcement authorities are authorized to enter into
traffic and toll enforcement agreements with a toll road or toll highway company. Any funds received by a state law enforcement authority pursuant to a toll enforcement agreement shall be subject to annual appropriations by the general assembly to the law enforcement authority for the purpose of performing its duties pursuant to the agreement.
(3) A toll road or toll highway company may adopt rules pertaining to the
enforcement of toll collection and evasion and providing a civil penalty for toll evasion. The civil penalty established by a toll road or toll highway company for any toll evasion shall be not less than ten dollars nor more than two hundred fifty dollars, in addition to any costs imposed by a court. A company may use state of the art technology, including but not limited to automatic vehicle identification photography, to aid in the collection of tolls and enforcement of toll violations. The use of state of the art technology to aid in enforcement of toll violations shall be governed solely by this section.
(4) (a) Any person who evades a toll established by a toll road or toll highway
company shall be subject to the civil penalty established by that company for toll evasion. Any peace officer as described in section 16-2.5-101, C.R.S., shall have the authority to issue civil penalty assessments or municipal summons and complaints if authorized pursuant to a municipal ordinance for the toll evasion.
(b) At any time that a person is cited for toll evasion, the person operating
the motor vehicle involved shall be given either a notice in the form of a civil penalty assessment notice or a municipal summons and complaint. If a civil penalty assessment is issued, the notice shall be tendered by a peace officer as described in section 16-2.5-101, C.R.S., and shall contain the name and address of the person, the license number of the motor vehicle involved, the number of the person's driver's license, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of the person's receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of toll evasion pursuant to this section if the prescribed toll, fee, and civil penalty are not paid within twenty days. Every cited person shall execute the signed acknowledgment of the person's receipt of the civil penalty assessment notice.
(c) The acknowledgment of liability shall be executed at the time the cited
person pays the prescribed penalty. The person cited shall pay the toll, fee, and civil penalty authorized by the toll road or toll highway company involved at the office of the company, either in person or by postmarking the payment within twenty days of the citation. If the person cited does not pay the prescribed toll, fee, and civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of toll evasion in court or in an administrative toll enforcement proceeding, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint in the manner specified in the notice.
(d) If a municipal summons and complaint is issued, the adjudication of the
violation shall be conducted and the format of the summons and complaint shall be determined pursuant to the terms of the municipal ordinance authorizing issuance of such a summons and complaint. In no case shall the penalty upon conviction for violation of a municipal ordinance for toll evasion exceed the limit established in subsection (3) of this section.
(5) (a) The respective courts of the municipalities, counties, and cities and
counties are given jurisdiction to try all cases arising under municipal ordinances and state laws governing the use of a toll road or toll highway operated by a toll road or toll highway company and arising under the toll evasion civil penalty regulations enacted by a toll road or toll highway company. Venue for such cases shall be in the municipality, county, or city and county where the alleged violation of municipal ordinance or state law or of the corporate regulation occurred.
(b) At the request of the judicial department, a toll road or toll highway
company shall consider establishing an administrative toll enforcement process and may, by resolution, adopt rules creating such a process. The rules pertaining to the administrative enforcement of toll evasion shall require notice to the person cited for toll evasion and provide to the person an opportunity to appear at an open hearing conducted by an impartial hearing officer and a right to appeal the final administrative determination of toll evasion to the county court for the county in which the violation occurred.
(c) If a toll road or toll highway company establishes an administrative toll
enforcement process, no court of a municipality, county, or city and county shall have jurisdiction to hear toll evasion cases arising on a public highway operated by the company.
(d) A toll evasion case may be adjudicated by an impartial hearing officer in
an administrative hearing conducted pursuant to this section and the rules promulgated by a toll road or toll highway company. The hearing officer shall be an independent contractor of the toll road or toll highway company.
(e) A toll road or toll highway company may file a certified copy of an order
imposing a toll, fee, and civil penalty that is entered by the hearing officer in an adjudication of a toll evasion with the clerk of the county court in the county in which the violation occurred at any time after the order is entered. The clerk shall record the order in the judgment book of the court and enter it in the judgment docket. The order shall have the effect of a judgment of the county court, and the court may execute the order as in the other cases.
(f) An administrative adjudication of a toll evasion by a toll road or toll
highway company is subject to judicial review. The administrative adjudication may be appealed as to matters of law and fact to the county court for the county in which the violation occurred. The appeal shall be a review of the record of the administrative adjudication and not a de novo hearing.
(g) Notwithstanding the specific remedies provided by this section, a toll
road or toll highway company shall have every remedy available under the law to enforce unpaid tolls and fees as debts owed to the toll road or toll highway company.
(6) The aggregate amount of penalties, exclusive of court costs, collected as
a result of civil penalties imposed pursuant to rules authorized in subsection (3) of this section shall be remitted to the toll road or toll highway company in whose name the civil penalty assessment notice was issued and shall be applied by the company to defray the costs and expenses of enforcing the laws of the state and the rules of the company. If a municipal summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the terms of any enforcement agreement.
(7) (a) In addition to the penalty assessment procedure provided for in
subsection (4) of this section, where an instance of toll evasion is evidenced by automatic vehicle identification photography or other technology not involving a peace officer, a civil penalty assessment notice may be issued and sent by first-class mail, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, by the toll road or toll highway company to the registered owner of the motor vehicle involved. The notice shall contain the name and address of the registered owner of the vehicle involved, the license number of the vehicle involved, the time and location of the violation, the amount of the penalty prescribed for the violation, a place for the registered owner of the vehicle to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion civil penalty assessment. The registered owner of the vehicle involved in a toll evasion shall be liable for the toll, fee, and civil penalty imposed by the company, except as otherwise provided by paragraph (b) of this subsection (7).
(b) In addition to any other liability provided for in this section, the owner of a
motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a toll evasion violation civil penalty; except that, at the discretion of the owner:
(I) The owner may obtain payment for a toll evasion violation civil penalty
from the person or company who leased or rented the vehicle at the time of the toll evasion through a credit or debit card payment and forward the payment on to the toll road or toll highway company; or
(II) The owner may seek to avoid liability for a toll evasion violation civil
penalty if the owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time of the toll evasion violation, the vehicle was leased or rented to another person. To avoid liability for payment, the owner of the motor vehicle shall, within thirty days after receipt of the notification of the toll evasion violation, furnish to the toll road or toll highway company an affidavit containing the name, address, and state driver's license number of the person or company who leased or rented the vehicle. As a condition to avoid liability for payment of a toll evasion violation civil penalty, any person or company who leases or rents motor vehicles to a person shall include a notice in the leasing or rental agreement stating that, pursuant to the requirements of this section, the person renting or leasing the vehicle is liable for payment of a toll evasion violation civil penalty incurred on or after the date the person renting or leasing the vehicle takes possession of the motor vehicle. The notice shall inform the person renting or leasing the vehicle that the person's name, address, and state driver's license number shall be furnished to the toll road or toll highway company when a toll evasion violation civil penalty is incurred during the term of the lease or rental agreement.
(c) If the prescribed penalty is not paid within twenty days, in order to ensure
that adequate notice has been given, a toll road or toll highway company shall send a second penalty assessment notice by certified mail, return receipt requested, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to certified mail, return receipt requested, with respect to receipt verification and delivery speed, reliability, and price, containing the same information as is specified in paragraph (a) of this subsection (7). The notice shall specify that the registered owner of the vehicle may pay the same penalty assessment at any time prior to the scheduled hearing. If the registered owner of the vehicle does not pay the prescribed toll, fee, and civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of a toll evasion in court or in an administrative toll enforcement proceeding and the registered owner of the vehicle shall, within the time specified in the civil penalty assessment notice, file an answer to the complaint in the manner specified in the notice. If the registered owner of the vehicle fails to pay in full the outstanding toll, fee, and civil penalty set forth in the notice or to appear and answer the notice as specified in the notice, the registered owner of the vehicle shall be deemed to have admitted liability and to have waived the right to a hearing, and a final order of liability in default against the registered owner of the vehicle may be entered.
(8) A court with jurisdiction in a toll evasion case pursuant to paragraph (a) of
subsection (5) of this section or a toll road or toll highway company with jurisdiction in a toll evasion case pursuant to paragraph (b) of subsection (5) of this section may report to the department of revenue any outstanding judgment or warrant or any failure to pay the toll, fee, and civil penalty for any toll evasion. Upon receipt of a certified report from a court or a toll road or toll highway company stating that the owner of a registered vehicle has failed to pay a toll, fee, and civil penalty resulting from a final order entered by the toll road or toll highway company, the department shall not renew the vehicle registration of the vehicle until the toll, fee, and civil penalty are paid in full. The toll road or toll highway company shall contract with and compensate a vendor approved by the department for the direct costs associated with the nonrenewal of a vehicle registration pursuant to this subsection (8). The department has no authority to assess any points against a license under section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion.
Source: L. 2006: Entire part R&RE, p. 1770, � 3, effective June 6.
C.R.S. § 43-3-413
43-3-413. Fees, fares, tolls - contracts - rules. (1) Upon the completion of the construction of such toll or free tunnel, the transportation commission has the power to establish and collect fees, fares, and tolls for the privilege of traveling through such tunnel and over the approaches thereto, and to credit all such fees, fares, and tolls and all income, however derived therefrom, to the payment of the maintenance and operation of said tunnel.
(2) In the event the commission shall, by contract as provided in section 43-3-403 (1), authorize the construction, maintenance, and operation of such tunnel by
a private person, firm, or corporation, such contractor shall be reimbursed for the cost of such construction, maintenance, and operation together with a reasonable profit thereon only from fees, fares, and tolls to be charged by such contractor for the privilege of traveling through such tunnel and over the approaches thereto. All such schedules or amendments to schedules containing fees, fares, and tolls to be charged by such contractor shall be approved by the commission before the same become effective. Said contract shall also provide for the duration thereof and for such limitations, obligations, and duties in connection with the construction, maintenance, and operation of such tunnel as the commission may determine to be advisable.
(3) The commission has the power to adopt such rules and regulations
governing the use of said tunnel, whether or not such tunnel was constructed and operated by the commission or by a private person, firm, or corporation, as the commission may determine to be advisable, and the commission shall exercise such other powers and authority as may be necessary or convenient to the practical and full operation and use of such tunnel.
Source: L. 57: p. 648, � 13. CRS 53: � 120-15-13. C.R.S. 1963: � 120-15-13. L.
91: (1) amended, p. 1122, � 185, effective July 1. L. 2005: (1) amended, p. 295, � 57, effective August 8.
C.R.S. § 43-4-1203
43-4-1203. Clean transit enterprise - creation - board - powers and duties - rules - fees - fund. (1) (a) The clean transit enterprise is created in the department. The enterprise is and operates as a government-owned business within the department in order to execute its business purposes as specified in subsection (3)(a) of this section by exercising the powers and performing the duties and functions set forth in this section.
(b) The enterprise is a type 1 entity, as defined in section 24-1-105, and
exercises its powers and performs its duties and functions under the department.
(2) (a) The governing board of the enterprise consists of nine members
appointed as follows:
(I) The governor shall appoint six members with the advice and consent of
the senate for terms of the length specified in subsection (2)(b) of this section. The governor shall make reasonable efforts, to the extent such applications have been submitted for consideration for the board, to consider members that reflect the state's geographic diversity when making appointments and shall make initial appointments no later than October 1, 2021. Of the members appointed by the governor:
(A) One member must be a member of the commission and have statewide
transportation expertise;
(B) One member must represent an urban area and have transit expertise;
(C) One member must represent a rural area and have transit expertise;
(D) One member must have expertise in zero-emissions transportation, motor
vehicle fleets, or utilities;
(E) One member must represent a transportation-focused organization that
serves an environmental justice community; and
(F) One member must represent a public advocacy group that has transit or
comprehensive transportation expertise.
(II) The executive director of the department of transportation or the
executive director's designee;
(III) The director of the Colorado energy office or the director's designee; and
(IV) The executive director of the department of public health and
environment or the executive director's designee.
(b) Members of the board appointed by the governor serve for terms of four
years; except that three of the members initially appointed shall serve for initial terms of three years and the term of the member appointed pursuant to subsection (2)(a)(I)(A) of this section continues for as long as the member is a member of the commission. A member who is appointed to fill a vacancy on the board shall serve the remainder of the unexpired term of the former member. The other board members serve for as long as they hold their positions or are designated to serve.
(c) Members of the board serve without compensation but must be
reimbursed from money in the fund for actual and necessary expenses incurred in the performance of their duties pursuant to this part 12.
(3) (a) The primary business purposes of the enterprise are to:
(I) Reduce and mitigate the adverse environmental and health impacts of air
pollution and greenhouse gas emissions produced by motor vehicles used to make retail deliveries by supporting the replacement of existing gasoline and diesel transit vehicles with electric motor vehicles, including motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into electric motor vehicles; providing the associated charging infrastructure for electric transit fleet motor vehicles; supporting facility modifications that allow for the safe operation and maintenance of electric transit motor vehicles; and funding planning studies that enable transit agencies to plan for transit vehicle electrification; and
(II) Reduce and mitigate the adverse environmental and health impacts of air
pollution and greenhouse gas emissions produced by oil and gas development by investing in public transit, including vehicles, infrastructure, equipment, materials, supplies, maintenance, and operations and staffing, to achieve the level of frequent, convenient, and reliable transit that is known to increase ridership by replacing car trips with bus and rail trips and forms of transit known to support denser land use patterns that further reduce pollution due to shorter trip lengths and greater walking and cycling mode share.
(b) To allow the enterprise to accomplish the business purposes described in
subsection (3)(a) of this section and fully exercise its powers and duties through the board, the enterprise may:
(I) Impose a clean transit retail delivery fee as authorized by subsection (7) of
this section;
(II) Impose the production fee for clean transit as authorized by section 43-4-1204;
(III) Issue grants and provide loans and rebates as authorized by subsection
(8) of this section;
(IV) Implement the remediation services described in section 43-4-1204; and
(V) Issue revenue bonds payable from the revenue and other available money
of the enterprise.
(4) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (4), the enterprise is not subject to section 20 of article X of the state constitution.
(5) (a) The clean transit enterprise fund is hereby created in the state
treasury. The fund consists of clean transit retail delivery fee revenue credited to the fund pursuant to subsection (7) of this section, any monetary gifts, grants, donations, or other money received by the enterprise, any federal money that may be credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the enterprise may expend money from the fund to provide grants, pay its reasonable and necessary operating expenses, including repayment of any loan received by the enterprise pursuant to subsection (5)(b) of this section, and otherwise exercise its powers and perform its duties as authorized by this part 3.
(b) The commission may transfer money from the state highway fund created
in section 43-1-219 to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds, and a transfer for such purpose is made, in accordance with section 18 of article X of the state constitution, for the supervision of the public highways of this state. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the commission to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise shall be credited to the clean transit enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the clean transit enterprise initial expenses fund to the fund. The clean transit enterprise initial expenses fund is continuously appropriated to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the state highway fund for the principal amount of any loan made by the commission plus interest at a rate set by the commission.
(6) In addition to any other powers and duties specified in this section, the
board has the following general powers and duties:
(a) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(b) To acquire, hold title to, and dispose of real and personal property;
(c) To employ and supervise individuals, professional consultants, and
contractors as are necessary in its judgment to carry out its business purpose;
(d) To contract with any public or private entity;
(e) To seek, accept, and expend gifts, grants, and donations from private or
public sources for the purposes of this part 12. The enterprise shall transmit any money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(f) To directly provide any service that it is authorized to provide indirectly
through grants awarded pursuant to subsection (8) of this section;
(g) To promulgate rules to set the amount of the clean transit retail delivery
fee at or below the maximum amount authorized in this section and to govern the process by which the enterprise accepts applications for, awards, and oversees grants, loans, and rebates pursuant to subsection (8) of this section; and
(h) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted by this section.
(7) (a) In furtherance of its business purpose, beginning in state fiscal year
2022-23, the enterprise shall impose, and the department of revenue shall collect on behalf of the enterprise, a clean transit retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the clean transit retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the clean transit retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).
(b) For retail deliveries of tangible personal property purchased during state
fiscal year 2022-23, the enterprise shall impose the clean transit retail delivery fee in a maximum amount of three cents.
(c) (I) Except as otherwise provided in subsection (7)(c)(II) of this section, for
retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the clean transit retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the clean transit retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.
(II) The enterprise is authorized to adjust the amount of the clean transit
retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.
(8) (a) In furtherance of its business purpose, and subject to the
requirements set forth in this subsection (8), the enterprise is authorized to make grants, loans, or rebates to support electrification of public transit.
(b) The enterprise may make grants, loans, or rebates to fund:
(I) Clean transit planning efforts;
(II) Facility upgrades necessary for the safe operation and maintenance of
electric motor vehicles used by public transit providers;
(III) The construction of electric motor vehicle charging infrastructure used
by public transit providers; and
(IV) The replacement of motor vehicles used by public transit providers that
are not electric motor vehicles by electric motor vehicles, or, if electric motor vehicles are not practically available, by compressed natural gas motor vehicles, as defined in section 25-7.5-102 (5), if at least ninety percent of the fuel for the compressed natural gas motor vehicles will be recovered methane, as defined in section 25-7.5-102 (20).
(c) The enterprise shall award grants on a competitive basis based on written
criteria established by the enterprise in advance of any deadlines for the submission of grant applications.
(9) The enterprise shall contract with the air pollution control division of the
department of public health and environment to develop proposed rules for the consideration of the air quality control commission that will support the enterprise's business services, including remediation services, in a manner that maintains compliance with the federal and state statutes, rules, and regulations governing air quality. The division shall collaborate with the Colorado energy office and the department when developing the rules.
(10) (a) To ensure transparency and accountability, the enterprise shall:
(I) No later than June 1, 2022, publish and post on its website a ten-year plan
that details how the enterprise will execute its business purpose during state fiscal years 2022-23 through 2031-32 and estimates the amount of funding needed to implement the plan. No later than January 1, 2032, the enterprise shall publish and post on its website a new ten-year plan for state fiscal years 2032-33 through 2041-42.
(II) Create, maintain, and regularly update on its website a public
accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures;
(III) Engage regularly regarding its projects and activities with the public,
specifically reaching out to and seeking input from communities, including but not limited to disproportionately impacted communities, and interest groups that are likely to be interested in the projects and activities; and
(IV) Prepare an annual report regarding its activities and funding and present
the report to the transportation commission created in section 43-1-106 (1) and to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The enterprise shall also post the annual report on its website. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (10)(a)(IV) to the specified legislative committees continues indefinitely.
(b) The enterprise is subject to the open meetings provisions of the
Colorado Sunshine Act of 1972, contained in part 4 of article 6 of title 24, and the Colorado Open Records Act, part 2 of article 72 of title 24.
(c) For purposes of the Colorado Open Records Act, part 2 of article 72 of
title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined.
(d) The enterprise is a public entity for purposes of part 2 of article 57 of title
11.
Source: L. 2021: Entire part added, (SB 21-260), ch. 250, p. 1456, � 52,
effective June 17. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3433, � 225, effective August 10. L. 2023: (7)(a) amended, (SB 23-143), ch. 153, p. 656, � 10, effective July 1. L. 2024: (1)(a) and (3) amended, (SB 24-230), ch. 184, p. 1006, � 3, effective May 16.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 43-4-1303
43-4-1303. Nonattainment area air pollution mitigation enterprise - creation - board - powers and duties - rules - fees - fund. (1) (a) The nonattainment area air pollution mitigation enterprise is created in the department. The enterprise is and operates as a government-owned business within the department in order to execute its business purpose as specified in subsection (3) of this section by exercising the powers and performing the duties and functions set forth in this section.
(b) The enterprise is a type 1 entity, as defined in section 24-1-105, and
exercises its powers and performs its duties and functions under the department.
(2) (a) The governing board of the enterprise consists of up to seven
members as follows:
(I) Five members appointed by the governor with the consent of the senate
as follows:
(A) One member with expertise on environmental, environmental justice, or
public health issues;
(B) One member who is an elected official of a disproportionately impacted
community that is a member of the Denver regional council of governments;
(C) One member who is an elected official of a local government that is a
member of the north front range metropolitan planning organization; and
(D) Up to two members who are representatives of disproportionately
impacted communities;
(II) The executive director of the department of transportation or the
executive director's designee; and
(III) The executive director of the department of public health and
environment or the executive director's designee.
(b) Appointed members of the board serve at the pleasure of the governor.
The other board members serve for as long as they hold their executive director positions or are designated to serve by an executive director.
(3) The business purpose of the enterprise is to mitigate the environmental
and health impacts of increased air pollution from motor vehicle emissions in nonattainment areas that results from the rapid and continuing growth in retail deliveries made by motor vehicles and in prearranged rides provided by transportation network companies by providing funding for eligible projects that reduce traffic, including demand management projects that encourage alternatives to driving alone or that directly reduce air pollution, such as retrofitting of construction equipment, construction of roadside vegetation barriers, and planting trees along medians. To allow the enterprise to accomplish this purpose and fully exercise its powers and duties through the board, the enterprise may:
(a) Impose an air pollution mitigation per ride fee and an air pollution
mitigation retail delivery fee as authorized by subsections (7) and (8) of this section;
(b) Issue grants, loans, and rebates as authorized by subsection (9) of this
section; and
(c) Issue revenue bonds payable from the revenue and other available money
of the enterprise.
(4) The enterprise constitutes an enterprise for purposes of section 20 of
article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (4), the enterprise is not subject to section 20 of article X of the state constitution.
(5) (a) The nonattainment area air pollution mitigation enterprise fund is
hereby created in the state treasury. The fund consists of air pollution mitigation per ride fee revenue and air pollution mitigation retail delivery fee revenue credited to the fund pursuant to subsections (7) and (8) of this section, any monetary gifts, grants, donations, or other payments received by the enterprise, any federal money that may be credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the enterprise for the purposes set forth in this part 13 and to pay the enterprise's reasonable and necessary operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.
(b) The department may transfer money from any legally available source to
the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the department to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise shall be credited to the nonattainment area air pollution mitigation enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the nonattainment area air pollution mitigation enterprise initial expenses fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the nonattainment area air pollution mitigation enterprise initial expenses fund to the fund. The nonattainment area air pollution mitigation enterprise initial expenses fund is continuously appropriated to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the department for the principal amount of any loan made by the department plus interest at a rate set by the department.
(6) In addition to any other powers and duties specified in this section, the
board has the following general powers and duties:
(a) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(b) To acquire, hold title to, and dispose of real and personal property;
(c) In consultation with the executive director of the department, or the
executive director's designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purpose;
(d) To contract with any public or private entity, including state agencies,
consultants, and the attorney general's office, for professional and technical assistance, office space and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The enterprise is encouraged to issue grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications. The board shall generally avoid using sole-source contracts.
(e) To seek, accept, and expend gifts, grants, donations, or other payments
from private or public sources for the purposes of this part 13 so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. The enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund.
(f) To provide services as set forth in subsection (9) of this section;
(g) To publish the processes by which the enterprise accepts applications,
the criteria for evaluating applications, and a list of grantees or program participants pursuant to subsection (9) of this section;
(h) To promulgate rules for the sole purpose of setting the amounts of the air
pollution mitigation per ride fee and the air pollution mitigation retail delivery fee at or below the maximum amounts authorized in this section; and
(i) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted by this section.
(7) (a) In furtherance of its business purpose, beginning in state fiscal year
2022-23, the enterprise shall impose an air pollution mitigation per ride fee to be paid by a transportation network company for each prearranged ride requested and accepted through the company's digital network. For the purpose of minimizing compliance costs for transportation network companies and administrative costs for the state, the department of revenue shall collect the air pollution mitigation per ride fee on behalf of the enterprise, and a transportation network company shall pay the fee to the department of revenue as required by section 40-10.1-607.5 (2).
(b) For prearranged rides requested and accepted during state fiscal year
2022-23, the enterprise shall impose the air pollution mitigation per ride fee in a maximum amount of:
(I) Eleven and one-quarter cents for each prearranged ride that is a car share
ride or for which the driver transports the rider in a zero emissions motor vehicle; and
(II) Twenty-two and one-half cents for every other prearranged ride.
(c) (I) Except as otherwise provided in subsection (7)(c)(II) of this section, for
prearranged rides requested and accepted during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the air pollution mitigation per ride fee in a maximum amount that is the applicable maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the air pollution mitigation per ride fee to be collected for rides requested and accepted during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.
(II) The enterprise is authorized to adjust the amount of the air pollution
mitigation per ride fee for prearranged rides requested and accepted during a state fiscal year only if the rate of inflation is positive and cumulative inflation from the time of the last adjustment in the amount of the fee, when applied to the sum of the current air pollution mitigation per ride fee and the current clean fleet per ride fee imposed as required by section 25-7.5-103 (7) and rounded to the nearest whole cent, will result in an increase of at least one whole cent in the total amount of the air pollution mitigation per ride fee and the clean fleet per ride fee paid by a person who requests and accepts a prearranged ride. The amount of cumulative inflation to be applied to the sum of the current air pollution mitigation per ride fee and the current clean fleet per ride fee and rounded to the nearest whole cent is the lesser of actual cumulative inflation or five percent.
(d) As required by section 40-10.1-607.5 (3)(a), the department of revenue
shall transmit all net air pollution mitigation per ride fee revenue collected to the state treasurer, who shall credit the revenue to the fund.
(8) (a) In furtherance of its business purpose, beginning in state fiscal year
2022-23, the enterprise shall impose, and the department of revenue shall collect on behalf of the enterprise, an air pollution mitigation retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the air pollution mitigation retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the air pollution mitigation retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).
(b) For retail deliveries of tangible personal property purchased during state
fiscal year 2022-23, the enterprise shall impose the air pollution mitigation retail delivery fee in a maximum amount of seven-tenths of one cent.
(c) (I) Except as otherwise provided in subsection (8)(c)(II) of this section, for
retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the air pollution mitigation retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the air pollution mitigation retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.
(II) The enterprise is authorized to adjust the amount of the air pollution
mitigation retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.
(9) In furtherance of its business purpose, and subject to the requirements
set forth in this subsection (9), the enterprise is authorized to provide grants to eligible entities for eligible projects. The enterprise shall actively seek input from communities, including but not limited to disproportionately impacted communities, and local governments to mitigate the environmental and health impacts of highway projects, reduce traffic congestion, and improve neighborhood connectivity for communities adjacent to highways. The enterprise shall include mitigation strategies that take into account the input as well as issues and impacts of particular importance to the state such as reduction of greenhouse gas emissions and fine particulate matter.
(10) (a) To ensure transparency and accountability, the enterprise shall:
(I) No later than June 1, 2022, publish and post on its website a ten-year plan
that details how the enterprise will execute its business purpose during state fiscal years 2022-23 through 2031-32 and estimates the amount of funding needed to implement the plan. No later than January 1, 2032, the enterprise shall publish and post on its website a new ten-year plan for state fiscal years 2032-33 through 2041-42.
(II) Create, maintain, and regularly update on its website a public
accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures;
(III) Engage regularly regarding its projects and activities with the public,
including but not limited to seeking input from disproportionately impacted communities and interest groups that are likely to be interested in the projects and activities; and
(IV) Prepare an annual report regarding its activities and funding and present
the report to the transportation commission created in section 43-1-106 (1) and to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The enterprise shall also post the annual report on its website. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (10)(a)(IV) to the specified legislative committees continues indefinitely.
(b) The enterprise is subject to the open meetings provisions of the
Colorado Sunshine Act of 1972, contained in part 4 of article 6 of title 24, and the Colorado Open Records Act, part 2 of article 72 of title 24.
(c) For purposes of the Colorado Open Records Act, part 2 of article 72 of
title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined.
(d) The enterprise is a public entity for purposes of part 2 of article 57 of title
11.
Source: L. 2021: Entire part added, (SB 21-260), ch. 250, p. 1466, � 52,
effective June 17. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3433, � 226, effective August 10. L. 2023: (8)(a) amended, (SB 23-143), ch. 153, p. 657, � 13, effective July 1.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
PART 14
COLORADO WILDLIFE SAFE PASSAGES
Cross references: For the legislative declaration in SB 22-151, see section 1
of chapter 293, Session Laws of Colorado 2022.
C.R.S. § 43-4-506.5
43-4-506.5. Traffic laws - toll collection. (1) The traffic laws of this state, and those of any municipality through which passes a public highway constructed, operated, or maintained by an authority, and such an authority's rules and regulations regarding toll collection and enforcement shall pertain to and govern the use of any such public highway. State and local law enforcement authorities are authorized to enter into traffic and toll enforcement agreements with authorities. Any funds received by a state law enforcement authority pursuant to such toll enforcement agreement shall be subject to annual appropriations by the general assembly to such law enforcement authority for the purpose of performing its duties pursuant to such agreement.
(2) Any authority may adopt, by resolution of its board, rules pertaining to
the enforcement of toll collection and evasion and providing a civil penalty for toll evasion. The civil penalty established by an authority for any toll evasion shall be not less than ten dollars nor more than two hundred fifty dollars in addition to any costs imposed by a court. An authority may use state of the art technology, including, but not limited to, automatic vehicle identification photography, to aid in the collection of tolls and enforcement of toll violations. The use of state of the art technology to aid in enforcement of toll violations shall be governed solely by this section.
(3) (a) Any person who evades a toll established by an authority shall be
subject to the civil penalty established by that authority for toll evasion. Any peace officer as described in section 16-2.5-101, C.R.S., shall have the authority to issue civil penalty assessments, or municipal summons and complaints if authorized pursuant to a municipal ordinance, for such toll evasion.
(b) At any time that a person is cited for toll evasion, the person operating
the motor vehicle involved shall be given either a notice in the form of a civil penalty assessment notice or a municipal summons and complaint. If a civil penalty assessment is issued, such notice shall be tendered by a peace officer as described in section 16-2.5-101, C.R.S., and shall contain the name and address of such person, the license number of the motor vehicle involved, the number of such person's driver's license, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for such person to execute a signed acknowledgment of such person's receipt of the civil penalty assessment notice, a place for such person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute such notice as a complaint to appear for adjudication of toll evasion pursuant to this section if the prescribed toll, fee, and civil penalty are not paid within twenty days. Every cited person shall execute the signed acknowledgment of the person's receipt of the civil penalty assessment notice.
(c) The acknowledgment of liability shall be executed at the time the cited
person pays the prescribed penalty. The person cited shall pay the toll, fee, and civil penalty authorized by the authority involved at the office of such authority, either in person or by postmarking such payment within twenty days of the citation. If the person cited does not pay the prescribed toll, fee, and civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of toll evasion in court or in an administrative toll enforcement proceeding, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint in the manner specified in the notice.
(d) If a municipal summons and complaint is issued, the adjudication of the
violation shall be conducted and the format of the summons and complaint shall be determined pursuant to the terms of the municipal ordinance authorizing issuance of such a summons and complaint. In no case shall the penalty upon conviction for violation of a municipal ordinance for toll evasion exceed the limit established in subsection (2) of this section.
(4) (a) The respective courts of the municipalities, counties, and cities and
counties are given jurisdiction to try all cases arising under municipal ordinances and state laws governing the use of a public highway operated by an authority and arising under the toll evasion civil penalty regulations enacted by authorities. Venue for such cases shall be in the municipality, county, or city and county where the alleged violation of municipal ordinance or state law or of the authority regulation occurred.
(b) At the request of the judicial department, an authority shall consider
establishing an administrative toll enforcement process and may, by resolution, adopt rules creating such a process. The rules pertaining to the administrative enforcement of toll evasion shall require notice to the person cited for toll evasion and provide to the person an opportunity to appear at an open hearing conducted by an impartial hearing officer and a right to appeal the final administrative determination of toll evasion to the county court for the county in which the violation occurred.
(c) If an authority establishes an administrative toll enforcement process, no
court of a municipality, county, or city and county shall have jurisdiction to hear toll evasion cases arising on a public highway operated by the authority.
(d) A toll evasion case may be adjudicated by an impartial hearing officer in
an administrative hearing conducted pursuant to this section and the rules promulgated by an authority. The hearing officer may be an administrative law judge employed by the state or an independent contractor of the authority. The contract for an independent contractor shall grant to the hearing officer the same degree of independence granted to an administrative law judge employed by the state. An authority may enter into contracts pursuant to section 29-1-203, C.R.S., for joint adjudication of toll evasion cases pursuant to this section.
(e) An authority may file a certified copy of an order imposing a toll, fee, and
civil penalty that is entered by the hearing officer in an adjudication of a toll evasion with the clerk of the county court in the county in which the violation occurred at any time after the order is entered. The clerk shall record the order in the judgment book of the court and enter it in the judgment docket. The order shall thenceforth have the effect of a judgment of the county court, and execution may issue on the order out of the court as in other cases.
(f) An administrative adjudication of a toll evasion by an authority is subject
to judicial review. The administrative adjudication may be appealed as to matters of law and fact to the county court for the county in which the violation occurred. The appeal shall be a de novo hearing.
(g) Notwithstanding the specific remedies provided by this section, an
authority shall have every remedy available under the law to enforce unpaid tolls and fees as debts owed to the authority.
(5) The aggregate amount of penalties, exclusive of court costs, collected as
a result of civil penalties imposed pursuant to resolutions adopted as authorized in subsection (2) of this section shall be remitted to the authority in whose name the civil penalty assessment notice was issued, and shall be applied by the authority to defray the costs and expenses of enforcing the laws of the state and the rules and regulations of the authority. If a municipal summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the terms of any enforcement agreement.
(6) (a) In addition to the penalty assessment procedure provided for in
subsection (3) of this section, where an instance of toll evasion is evidenced by automatic vehicle identification photography, or other technology not involving a peace officer, a civil penalty assessment notice may be issued and sent by first-class mail, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, by the public highway authority to the registered owner of the motor vehicle involved. The notice shall contain the name and address of the registered owner of the vehicle involved, the license number of the vehicle involved, the time and location of the violation, the amount of the penalty prescribed for the violation, a place for the registered owner of the vehicle to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion civil penalty assessment. The registered owner of the vehicle involved in a toll evasion shall be liable for the toll, fee, and civil penalty imposed by the authority, except as otherwise provided by paragraph (a.5) of this subsection (6). If the registered owner of the vehicle does not pay the prescribed toll, fee, and civil penalty within thirty days of the date of the civil penalty assessment notice, the notice shall constitute a complaint to appear for adjudication of a toll evasion in court or in an administrative toll enforcement proceeding, and the registered owner of the vehicle shall, within the time specified in the notice, file an answer to the complaint in the manner specified in the notice. If the registered owner of the vehicle fails to pay in full the outstanding toll, fee, and civil penalty as set forth in the notice or to appear and answer the complaint and request a hearing as specified in the notice, a final order of liability shall be entered against the registered owner of the vehicle for the purposes of enabling the registered owner to appeal pursuant to paragraph (f) of subsection (4) of this section and allowing an authority to proceed to judgment pursuant to paragraph (e) of subsection (4) of this section.
(a.5) In addition to any other liability provided for in this section, the owner of
a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a toll evasion violation civil penalty; except that, at the discretion of such owner:
(I) The owner may obtain payment for a toll evasion violation civil penalty
from the person or company who leased or rented the vehicle at the time of the toll evasion through a credit or debit card payment and forward the payment on to the public highway authority; or
(II) The owner may seek to avoid liability for a toll evasion violation civil
penalty if the owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time of the toll evasion violation, the vehicle was leased or rented to another person. To avoid liability for payment, the owner of the motor vehicle shall, within thirty days after receipt of the notification of the toll evasion violation, furnish to the public highway authority an affidavit containing the name, address, and state driver's license number of the person or company who leased or rented such vehicle. As a condition to avoid liability for payment of a toll evasion violation civil penalty, any person or company who leases or rents motor vehicles to a person shall include a notice in the leasing or rental agreement stating that, pursuant to the requirements of this section, the person renting or leasing the vehicle is liable for payment of a toll evasion violation civil penalty incurred on or after the date the person renting or leasing the vehicle takes possession of the motor vehicle. The notice shall inform the person renting or leasing the vehicle that the person's name, address, and state driver's license number shall be furnished to the public highway authority when a toll evasion violation civil penalty is incurred during the term of the lease or rental agreement.
(b) (Deleted by amendment, L. 2010, (SB 10-016), ch. 150, p. 518, � 1, effective
April 21, 2010.)
(c) (Deleted by amendment, L. 2005, p. 835, � 1, effective June 1, 2005.)
(7) A court with jurisdiction in a toll evasion case pursuant to paragraph (a) of
subsection (4) of this section or an authority with jurisdiction in a toll evasion case pursuant to paragraph (b) of subsection (4) of this section may report to the department of revenue any outstanding judgment or warrant or any failure to pay the toll, fee, and civil penalty for any toll evasion. Upon receipt of a certified report from a court or an authority stating that the owner of a registered vehicle has failed to pay a toll, fee, and civil penalty resulting from a final order entered by the authority, the department shall not renew the vehicle registration of the vehicle until the toll, fee, and civil penalty are paid in full. The authority shall contract with and compensate a vendor approved by the department for the direct costs associated with the nonrenewal of a vehicle registration pursuant to this subsection (7). The department has no authority to assess any points against a license under section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion.
Source: L. 90: Entire section added, p. 1831, � 1, effective May 31. L. 94: (3)
and (6) amended, p. 2572, � 101, effective January 1, 1995. L. 2002: (7) added, p. 572, � 3, effective May 24. L. 2003: (6)(a.5) added, p. 1659, � 1, effective May 14; (3)(a) and (3)(b) amended, p. 1623, � 41, effective August 6; (6)(a), (6)(b), and (7) amended, p. 1388, � 2, effective August 6. L. 2005: (2), (3)(b), (3)(c), (4), (6)(a), (6)(b), and (6)(c) amended, p. 835, � 1, effective June 1; (2) amended, p. 605, � 1, effective August 8; (7) amended, p. 838, � 2, effective April 1, 2006. L. 2010: (4)(f), (6)(a), and (6)(b) amended, (SB 10-016), ch. 150, p. 518, � 1, effective April 21.
Editor's note: Amendments to subsection (2) by House Bill 05-1104 and
Senate Bill 05-097 were harmonized.
C.R.S. § 43-4-604
43-4-604. Board of directors - powers and duties - director - conflict of interest. (1) (a) All powers, privileges, and duties vested in or imposed upon the authority shall be exercised and performed by and through the board. The board, by resolution, may delegate any of the powers of the board to any of the officers or agents of the board; except that, to ensure public participation in policy decisions, the board shall not delegate the following:
(I) Adoption of board policies and procedures;
(II) Approval of final roadway alignments;
(III) Ratification of acquisition of land by negotiated sale;
(IV) Instituting an eminent domain action, which may be at a public hearing or
in executive session;
(V) Initiating or continuing legal action, not including traffic or toll violations;
and
(VI) Establishment of fee policies.
(b) The board shall promulgate and adhere to policies and procedures that
govern its conduct and provide meaningful opportunities for public input. Such policies shall include standards and procedures for calling an emergency meeting.
(2) Any director of the board shall disqualify himself or herself from voting
on any issue with respect to which the director has a conflict of interest, unless the director has disclosed the conflict of interest in compliance with section 18-8-308, C.R.S.
(3) The board, in addition to all other powers conferred by this part 6, has the
following powers:
(a) To adopt bylaws;
(b) To fix the time and place of meetings, whether within or without the
boundaries of the authority, and the method of providing notice of the meetings;
(c) To make and pass orders and resolutions necessary for the government
and management of the affairs of the authority and the execution of the powers vested in the authority;
(d) To adopt and use a seal;
(e) To maintain offices at such place or places as the board may designate;
(f) To appoint, hire, and retain employees, agents, engineers, attorneys,
accountants, financial advisors, investment bankers, and other consultants;
(g) To prescribe methods for auditing and allowing or rejecting claims and
demands; for the letting of contracts for the construction of improvements, works, or structures; for the acquisition of equipment; or for the performance or furnishing of such labor, materials, or supplies as may be required for carrying out the purposes of this part 6;
(h) To appoint advisory committees and define the duties thereof;
(i) As applicable, to amend the contract that created the authority to the
extent that any amendment procedures specified in the contract pursuant to section 43-4-603 (2)(f) authorize the board, rather than the members of the combination that are parties to the contract, to amend the contract or to amend or replace the resolution authorizing the transportation planning organization to exercise the powers of an authority adopted as authorized by section 43-4-622; and
(j) To build, erect, alter, or repair structures for the purpose of housing
employees or contractors of an authority.
Source: L. 97: Entire part added, p. 484, � 1, effective August 6. L. 2000: (3)(i)
added, p. 1174, � 2, effective August 2. L. 2002: (1) amended, p. 403, � 5, effective August 7. L. 2021: (3)(i) amended, (SB 21-260), ch. 250, p. 1433, � 38, effective June 17. L. 2025: (3)(h) and (3)(i) amended and (3)(j) added, (SB 25-272), ch. 314, p. 1645, � 2, effective May 30.
Cross references: For the legislative declaration in SB 21-260, see section 1
of chapter 250, Session Laws of Colorado 2021.
C.R.S. § 43-4-605
43-4-605. Powers of the authority - inclusion or exclusion of property - determination of regional transportation system alignment - visitor benefit tax fund - regional transportation authority sales tax fund. (1) In addition to any other powers granted to an authority pursuant to this part 6, an authority has the following powers:
(a) To have perpetual existence, except as otherwise provided in the
contract;
(b) To sue and be sued;
(c) To enter into contracts and agreements affecting the affairs of the
authority;
(d) To establish, collect, and, from time to time, increase or decrease fees,
tolls, rates, and charges for the privilege of traveling on or using any property included in any regional transportation system financed, constructed, operated, or maintained by the authority, without the fees, tolls, rates, and charges being subject to any supervision or regulation by any board, agency, bureau, commission, or official; except that any fees, tolls, rates, and charges imposed for the use of any regional transportation system shall be fixed and adjusted so that the fees, tolls, rates, and charges collected, along with other revenues, if any, are at least sufficient to pay for any bonds issued pursuant to this part 6 and interest thereon;
(e) To pledge all or any portion of the revenues to the payment of bonds of
the authority;
(f) To finance, construct, operate, or maintain regional transportation
systems within or without the boundaries of the authority; except that the authority shall not construct regional transportation systems in any territory located outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of the municipality; outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of the county; or inside or outside the boundaries of the authority if the regional transportation systems would alter the state highway system, as defined in section 43-2-101 (1), or the interstate system, as defined in section 43-2-101 (2), except as authorized by an intergovernmental agreement entered into by the members of the combination that created the authority or the transportation planning organization exercising the powers of an authority and the department of transportation as required by section 43-4-603 (1.5);
(g) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an
option to purchase, dispose of, and encumber real or personal property and any interest therein, including easements and rights-of-way;
(h) To accept real or personal property for the use of the authority and to
accept gifts and conveyances upon the terms and conditions as the board may approve;
(i) To impose an annual motor vehicle registration fee of not more than ten
dollars for each motor vehicle registered with the authorized agent, as defined in section 42-1-102, of the county by persons residing in all or any designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622; except that the authority shall not impose a motor vehicle registration fee with respect to motor vehicles registered to persons residing outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created or the resolution authorizing the transportation planning organization to exercise the powers of an authority is adopted without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of the county. The registration fee is in addition to any fee or tax imposed by the state or any other governmental unit. If a motor vehicle is registered in a county that is a member of more than one authority, the total of all fees imposed pursuant to this subsection (1)(i) for the motor vehicle shall not exceed ten dollars. The authorized agent of the county in which the registration fee is imposed shall collect the fee and remit the fee to the authority. The authority shall apply the registration fees solely to the financing, construction, operation, or maintenance of regional transportation systems that are consistent with the expenditures specified in section 18 of article X of the state constitution.
(i.5) (I) Subject to the provisions of section 43-4-612, to impose, in all or any
designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622, a visitor benefit tax on persons who purchase overnight rooms or accommodations; except that the authority shall not impose a visitor benefit tax on overnight rooms or accommodations that are in any territory:
(A) Outside the boundaries of the authority and within the boundaries of a
municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of such municipality; or
(B) Outside the boundaries of the authority and within the unincorporated
boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of such county.
(II) The visitor benefit tax is in addition to any fee or tax imposed by the state
or any other governmental unit and a minimum of seventy-five percent of the net revenue derived from the tax shall be used by the authority solely to finance, construct, operate, and maintain regional transportation systems and provide incentives to overnight visitors to use public transportation.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph
(i.5), an authority may derive no more than one-half of its total revenues from the visitor benefit tax.
(IV) Any authority that imposes a visitor benefit tax shall give due
consideration to the transportation needs of persons who pay the visitor benefit tax on the purchase of overnight rooms or accommodations when constructing, operating, and maintaining regional transportation systems and shall ensure that such visitors have easy access to the regional transportation systems.
(V) The executive director of the department of revenue shall collect,
administer, and enforce the visitor benefit tax authorized by subsection (1)(i.5)(I) of this section pursuant to part 2 of article 2 of title 29. The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount to the state treasurer who shall credit the same to the regional transportation authority visitor benefit tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this part 6. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(j) (I) (A) Subject to the provisions of section 43-4-612, to levy, in all or any
designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622, a sales or use tax, or both, at a rate not to exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state; except that, if the authority includes territory that is within the regional transportation district created and existing pursuant to article 9 of title 32, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the members of the transportation planning organization is uniform and except that the authority shall not levy a sales or use tax on any transaction or other incident occurring in any territory located outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries exist on the date the authority is created without the consent of the governing body of the county. Subject to the provisions of section 43-4-612, the authority may elect to levy any such sales or use tax at different rates in different designated portions of the members of the combination or of the members of the transportation planning organization; except that, if the authority includes territory that is within the regional transportation district, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the transportation planning organization is uniform. If the authority so elects, it shall submit a single ballot question that lists all of the different rates to the registered electors of all designated portions of the members of the combination or of the transportation planning organization in which the proposed sales or use tax is to be levied.
(B) The tax imposed pursuant to this subsection (1)(j) is in addition to any
other sales or use tax imposed pursuant to law. If a member of the combination or of the transportation planning organization is located within more than one authority, the sales or use tax, or both, authorized by this subsection (1)(j) shall not exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state.
(C) The executive director of the department of revenue shall collect,
administer, and enforce the sales or use tax pursuant to part 2 of article 2 of title 29. The authority shall apply monthly distributions received from the department of revenue pursuant to section 29-2-207 solely to the financing, construction, operation, or maintenance of regional transportation systems.
(D) The department shall retain an amount not to exceed the total cost of
the collection, administration, and enforcement and shall transmit the amount to the state treasurer, who shall credit the same to the regional transportation authority sales tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of this part 6. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(II) A sales or use tax, or both, levied pursuant to subparagraph (I) of this
paragraph (j) shall not be levied on the sale of tangible personal property:
(A) Delivered by a retailer or a retailer's agent or to a common carrier for
delivery to a destination outside the authority;
(B) Upon which specific ownership tax has been paid or is payable if the
purchaser resides outside the boundaries of the authority or the purchaser's principal place of business is outside the boundaries of the authority and if the personal property is registered or required to be registered outside the boundaries of the authority; or
(C) Where such tangible personal property is a cigarette.
(j.5) (I) Subject to the provisions of section 43-4-612, to impose a uniform mill
levy of up to five mills on all taxable property within the territory of the authority. This subsection (1)(j.5) does not limit or affect the power of an authority to establish local improvement districts and impose special assessments as authorized by section 43-4-608.
(II) Repealed.
(k) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted by this part 6. The specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 6.
(l) To build, erect, alter, or repair structures for the purpose of housing
employees or contractors of an authority.
(2) (a) The board may include property within or exclude property from the
boundaries of the authority in the manner provided in this subsection (2). Property may not be included within the boundaries of the authority unless it is within the boundaries of the members of the combination or of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622 at the time of the inclusion. Property located within the boundaries of a municipality that is not a member of the combination or of the transportation planning organization as the boundaries of the municipality exist on the date the property is included may not be included without the consent of the governing body of the municipality, and property within the unincorporated boundaries of a county that is not a member of the combination or of the transportation planning organization as the unincorporated boundaries of the county exist on the date the property is included may not be included without the consent of the governing body of the county.
(b) (I) Prior to any inclusion in or exclusion of property from the boundaries of
the authority, the board shall cause notice of the proposed inclusion or exclusion to be published in a newspaper of general circulation within the boundaries of the authority and cause the notice to be mailed to the division, to the transportation commission, and to the owners of property to be included or excluded at the last-known address described for the owners in the real estate records of the county in which the property is located. The notice shall describe the property to be included in or excluded from the boundaries of the authority, shall specify the date, time, and place at which the board shall hold a public hearing on the proposed inclusion or exclusion, and shall state that persons having objections to the inclusion or exclusion may appear at the public hearing to object to the proposed inclusion or exclusion. The date of the public hearing contained in the notice shall be not less than twenty days after the mailing and publication of the notice. The board, at the time and place designated in the notice or at such times and places to which the hearing may be adjourned, shall hear all objections to the proposed inclusion or exclusion.
(II) The board, upon the affirmative vote of two-thirds of the directors of the
board, may adopt a resolution including or excluding all or any portion of the property described in the notice. Upon the adoption of the resolution, the property shall be included within or excluded from the boundaries of the authority as set forth in the resolution. The board may adopt the resolution without amending the contract required by section 43-4-603 (2). The board shall file the resolution with the director of the division, who shall cause the resolution to be recorded in the real estate records of each county having territory included in the boundaries of the authority.
(c) All property excluded from the authority shall thereafter be subject to
the revenue-raising powers of the authority only to the extent that the powers have been exercised by the authority against the property or activities occurring on the property prior to the exclusion and to the extent required to comply with agreements with the holders of bonds outstanding at the time of the exclusion. All property or activities occurring on the property included within the authority shall thereafter be subject to the revenue-raising powers of the authority. In no way will this section affect or increase property taxes in the affected territory or jurisdiction.
(3) Property included in an authority pursuant to this section is subject to the
same mill levies and other taxes levied or to be levied on other similarly situated property at the time the additional property is included. The newly included property is an addition to taxable real property, and the application of such levies and other taxes to the newly included property is not subject to the requirements of section 20 (4) of article X of the state constitution. This subsection (3) is intended to place newly included property and similarly situated existing property within an authority on an equal basis.
(4) The board, upon the affirmative vote of two-thirds of the directors of the
board, may determine the location of the regional transportation system.
(5) Any regional transportation system constructed by an authority under
this part 6 that is funded, in whole or in part, from the highway users tax fund and that may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year shall be subject to the construction bidding provisions in part 7 of article 1 of title 29, C.R.S. If the state is involved in the construction of the regional transportation system, the construction bidding provisions in article 92 of title 24, C.R.S., shall apply. Nothing herein shall be construed to affect the ability of such entities to enter into design-build contracts under applicable state laws.
(6) In exercising any of the powers to impose taxes pursuant to subsection
(1) of this section, an authority shall, whenever possible, assess any such tax within the boundaries of existing taxing districts in order to reduce the administrative costs of the department of revenue.
Source: L. 97: Entire part added, p. 485, � 1, effective August 6. L. 2000:
(1)(i.5) added and (1)(j) and (2)(a) amended, p. 1175, � 3, effective August 2. L. 2005: (1)(d), (1)(f), (1)(i), (1)(i.5)(II), (1)(i.5)(IV), (1)(i.5)(V), (1)(j), (4), and (5) amended, p. 1061, � 5, effective January 1, 2006. L. 2007: (1)(j)(I) amended, p. 978, � 1, effective January 1, 2008. L. 2008: (1)(j)(I) amended, p. 993, � 16, effective August 5. L. 2009: (1)(j)(II) amended, (HB 09-1342), ch. 354, p. 1851, � 16, effective July 1; (1)(j.5) added, (HB 09-1034), ch. 127, p. 548, � 1, effective August 5. L. 2017: (1)(i) amended, (HB 17-1107), ch. 101, p. 376, � 33, effective August 9; (1)(j.5) amended, (HB 17-1018), ch. 2, p. 3, � 1, effective August 9. L. 2021: IP(1), (1)(f), (1)(i), IP(1)(i.5)(I), (1)(j)(I), and (2)(a) amended, (SB 21-260), ch. 250, p. 1433, � 39, effective June 17. L. 2022: (1)(i) amended, (SB 22-141), ch. 81, p. 399, � 2, effective August 10. L. 2023: (1)(j)(I) amended and (1)(j.5)(II) repealed, (HB 23-1101), ch. 132, p. 509, � 6, effective April 28. L. 2024: IP(1)(i.5)(I) and (1)(i.5)(III) amended, (SB 24-032), ch. 185, p. 1043, � 5, effective May 16; (1)(i.5)(V) and (1)(j)(I) amended, (SB 24-025), ch. 144, p. 583, � 53, effective July 1, 2025. L. 2025: (1)(l) added, (SB 25-272), ch. 314, p. 1645, � 3, effective May 30.
Cross references: For the legislative declaration contained in the 2005 act
amending subsections (1)(d), (1)(f), (1)(i), (1)(i.5)(II), (1)(i.5)(IV), (1)(i.5)(V), (1)(j), (4), and (5), see section 1 of chapter 269, Session Laws of Colorado 2005. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021. For the legislative declaration in HB 23-1101, see section 1 of chapter 132, Session Laws of Colorado 2023.
C.R.S. § 43-4-705
43-4-705. Revenue anticipation notes - ballot issue. (1) Subject to the provisions of this part 7, the executive director, on behalf of the department, from time to time, may issue revenue anticipation notes for the purpose of financing any qualified federal aid transportation projects.
(2) (a) Subject to the provisions of this subsection (2), the principal of and
interest on revenue anticipation notes and any costs associated with the issuance and administration of such notes shall be payable solely from:
(I) Federal transportation funds and state matching funds that are allocated
on an annual basis for such purpose by the commission, in its sole discretion, in accordance with section 43-1-113;
(II) Any proceeds of such notes and any earnings from the investment of
such note proceeds pledged for such purpose; and
(II.5) Repealed.
(III) Any other revenues, funds, or other security pledged for such purpose
that do not constitute revenues or funds of the state.
(b) The owners or holders of the revenue anticipation notes may not look to
any other revenues of the state for the payment of the notes.
(c) (I) (A) The portion of the principal of and interest on revenue anticipation
notes and the costs associated with the issuance and administration of such notes that may be paid from federal transportation funds pursuant to federal law and any agreement between the United States department of transportation and the department or the political subdivision that is or is to be the initial recipient of such federal transportation funds, hereinafter referred to in this subsection (2) as the federal share of principal, interest, and costs, shall be paid from federal transportation funds that the commission, in its sole discretion, has allocated on an annual basis for this purpose in accordance with section 43-1-113.
(B) If federal transportation funds are not sufficient to pay the federal share
of principal, interest, and costs when due, the executive director shall request and the commission may grant such request to temporarily pay the federal share of principal, interest, and costs with state matching funds that the commission, in its sole discretion, has allocated on an annual basis for this purpose in accordance with section 43-1-113.
(II) Notwithstanding the provisions of section 43-1-220 (2)(c) and (2)(h), the
state highway fund, the state highway supplementary fund, or both, shall be reimbursed for the amount of moneys in said fund or funds used in accordance with subparagraph (I) of this paragraph (c) from federal transportation funds that the commission determines are not needed in the future to pay the federal share of principal, interest, and costs.
(d) No moneys credited to the state highway fund that are required to be
expended in accordance with the provisions of section 18 of article X of the state constitution shall be allocated and used to pay revenue anticipation notes financing any qualified federal aid transportation project that is not a state highway project or to pay any costs associated with the issuance and administration of such notes.
(3) (a) The executive director shall issue revenue anticipation notes pursuant
to a certificate executed by the executive director, a trust indenture between the executive director and any commercial bank or trust company having full trust powers, or any other instrument issued by the executive director.
(b) As the executive director deems appropriate, the certificate, trust
indenture, or other instrument authorizing revenue anticipation notes may contain such provisions setting forth the rights and remedies of the owners or holders of the revenue anticipation notes, may contain such provisions for protecting and enforcing the rights and remedies of the owners or holders of the revenue anticipation notes as the executive director deems appropriate, and may contain such other provisions that the executive director deems appropriate for the security of the owners or holders of the revenue anticipation notes. Such provisions may include, but shall not be limited to, provisions regarding letters of credit, insurance, stand-by credit agreements, or other forms of credit ensuring timely payment of the revenue anticipation notes, including the redemption price or the purchase price, and provisions regarding the reimbursement of providers of such credit out of revenues available for the payment of principal of and interest on the revenue anticipation notes for any amounts paid by such providers with respect to such notes.
(4) (a) Subject to the provisions of paragraph (b) of this subsection (4),
revenue anticipation notes may be issued in such aggregate principal amount, may be issued in one or more series, may bear such dates, may be in such denomination or denominations, may mature on any date or dates, may mature in such amount or amounts, may be in such form, may be payable at such place or places, may be subject to such terms of redemption with or without a premium, may contain such provisions as the executive director deems appropriate regarding insurance to ensure the timely payment of the notes, and may contain such other provisions not inconsistent with the provisions of this part 7 as the executive director may determine.
(b) The aggregate amount of annual installments of principal and interest on
all revenue anticipation notes issued pursuant to this part 7 that are scheduled to be paid during any given fiscal year, determined as of the date of issuance of each series of notes, shall not exceed an amount equal to fifty percent of the aggregate amount of federal transportation funds paid to the department during the fiscal year immediately preceding the fiscal year in which such series of notes is issued.
(5) The rate or rates of interest borne by the revenue anticipation notes may
be fixed, adjustable, or variable or any combination thereof without regard to any interest rate limitation appearing in any other law of this state. If any rate or rates are adjustable or variable, the standard, index, method, or formula shall be determined by the executive director.
(6) Revenue anticipation notes may be sold at public or private sale and may
be sold at, above, or below the principal amounts thereof. The sale of such notes shall not be subject to the Procurement Code, articles 101 to 112 of title 24, C.R.S.
(7) Revenue anticipation notes shall be signed on behalf of the department
by the executive director and the chief engineer of the department. Pursuant to article 55 of title 11, C.R.S., the signatures of the executive director and the chief engineer of the department may be facsimile signatures imprinted, engraved, stamped, or otherwise placed on the revenue anticipation notes. If all of the signatures on the revenue anticipation notes are facsimile signatures, provision shall be made for a manual authenticating signature on the revenue anticipation notes by or on behalf of a designated authenticating agent.
(8) The power to fix the date of sale of the revenue anticipation notes, to
receive bids or proposals, to award and sell revenue anticipation notes, to fix interest rates, and to take all other action necessary to sell and deliver the notes may be delegated to an agent of the executive director.
(9) Any outstanding revenue anticipation notes may be refunded by the
executive director pursuant to article 56 of title 11, C.R.S. All revenue anticipation notes are declared to be negotiable instruments.
(10) The executive director is authorized to engage the services of such
consultants, financial advisors, underwriters, bond insurers, letter of credit banks, rating agencies, agents, or other persons whose services may be required or deemed advantageous by the executive director in connection with such revenue anticipation notes. The executive director shall contract for such services in accordance with the Procurement Code, articles 101 to 112 of title 24, C.R.S.; except that contracting for services of bond insurers, letter of credit banks, and rating agencies shall not be subject to the Procurement Code.
(11) The executive director may, with respect to revenue anticipation notes
that have been issued or proposed revenue anticipation notes, enter into interest rate exchange agreements in accordance with article 59.3 of title 11, C.R.S.
(12) (a) The proceeds from the issuance of revenue anticipation notes that
are not otherwise pledged for the payment of such notes, state matching funds, or federal transportation funds, any of which have been allocated on an annual basis by the commission, in its sole discretion, in accordance with section 43-1-113 for the payment of revenue anticipation notes or any costs associated with the issuance and administration of such notes, are pledged and shall be used only for the purpose or purposes for which such revenues are allocated. The proceeds from the issuance of revenue anticipation notes that are pledged pursuant to section 43-4-707 (1) shall be used only for the purpose or purposes for which such revenues are pledged. Any such pledge shall be valid and binding from the time the commission makes the allocation; except that any pledge of revenue anticipation note proceeds pursuant to section 43-4-707 (1) shall be valid and binding from the date of issuance of such notes. The pledge shall create a valid security interest, and such revenues shall immediately be subject to the lien of the pledge and security interest without any physical delivery or further act, and the lien of the pledge and security interest shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party irrespective of whether such claiming party has notice of such lien. The instrument by which the pledge and security interest is created need not be recorded or filed in order to perfect such pledge and security interest.
(b) Notwithstanding any other provision of law to the contrary, including but
not limited to section 24-91-103.6, C.R.S., the lien of the pledge and security interest on any revenue anticipation note proceeds shall not affect the authority of the department to enter into contracts for the design and construction of any qualified federal aid transportation project.
(13) (a) Notwithstanding any other provision of this part 7 to the contrary, the
executive director shall have the authority to issue revenue anticipation notes pursuant to this part 7 only if voters statewide approve the ballot question submitted at the November 1999 statewide election pursuant to section 43-4-703 (1) and only then to the extent allowed under the maximum amounts of debt and repayment cost so approved.
(b) Repealed.
Source: L. 99: Entire part added, p. 1111, � 1, effective June 2. L. 2018: (2)(a)(II)
and (13) amended and (2)(a)(II.5) added, (SB 18-001), ch. 353, p. 2103, � 10, effective May 31. L. 2019: (13)(b)(I), (13)(b)(III), (13)(b)(IV), and (13)(b)(V) amended, (SB 19-263), ch. 334, p. 3085, � 5, effective May 29. L. 2020: (13)(b)(I), (13)(b)(III), (13)(b)(IV), (13)(b)(V)(B), and (13)(b)(V)(C) amended, (HB 20-1376), ch. 207, p. 1016, � 5, effective June 30. L. 2021: (2)(a)(II.5) and (13)(b) repealed, (SB 21-260), ch. 250, p. 1438, � 44, effective June 17; (13)(b)(III) amended, (HB 21-1316), ch. 325, p. 2064, � 81, effective July 1.
Editor's note: (1) The ballot question specified in subsection (13)(a) was
referred to the voters on November 2, 1999, and was approved by the voters with the following vote count:
FOR: 477,982
AGAINST: 296,971
(2) Subsection (13)(b)(III) was amended in HB 21-1316. Those amendments
were superseded by the repeal of subsection (13)(b) in SB 21-260.
Cross references: For the legislative declaration in SB 18-001, see section 1
of chapter 353, Session Laws of Colorado 2018. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
C.R.S. § 43-4-806
43-4-806. High-performance transportation enterprise - creation - enterprise status - board - funds - powers and duties - user fees - limitations - reporting requirements - violations on the peak period shoulder lanes - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) It is necessary, appropriate, and in the best interests of the state for the
state to aggressively pursue innovative means of more efficiently financing important surface transportation infrastructure projects that will improve the safety, capacity, and accessibility of the surface transportation system; will provide diverse, multimodal transportation options that reduce traffic congestion and degradation of existing surface transportation infrastructure and offer more transportation choices for system users; can feasibly be commenced in a reasonable amount of time; will allow more efficient movement of people, goods, and information throughout the state; and will accelerate the economic recovery of the state;
(b) Such innovative means of financing projects include, but are not limited
to, public-private partnerships, operating concession agreements, user fee-based project financing, and availability payment and design-build contracting; and
(c) It is the intent of the general assembly that the high-performance
transportation enterprise created in this section actively seek out opportunities for public-private partnerships for the purpose of completing surface transportation infrastructure projects and that this section be broadly construed to allow the transportation enterprise sufficient flexibility, consistent with the requirements of the state constitution, to pursue any available means of financing such surface transportation infrastructure projects that will allow the efficient completion of the projects.
(1.5) The general assembly further finds and declares that:
(a) (I) The transportation enterprise provides both services to persons who
pay user fees for the privilege of using surface transportation infrastructure projects and additional impact remediation services to all persons who use or indirectly benefit from the use of the surface transportation infrastructure project network and other surface transportation infrastructure in the state by completing and operating surface transportation infrastructure projects that reduce wear and tear on and increase the reliability, safety, and expected useful life of state highways and bridges, reduce traffic congestion and attendant delays, provide additional transportation options, reduce emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduce the adverse environmental and health impacts of such emissions; and
(II) By providing services as authorized by this part 8, the transportation
enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and generates revenue by collecting fees from services users, and therefore operates as a business in accordance with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), and the Colorado court of appeals in TABOR Foundation v. Colorado Bridge Enterprise, 2014 COA 106;
(b) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution and the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36, that a charge is not a tax if the primary purpose of the charge is not to raise revenue for general governmental purposes, it is the conclusion of the general assembly that the revenue collected by the transportation enterprise from user fees is generated by fees, not taxes, because the user fees imposed by the transportation enterprise:
(I) Are imposed for the specific purpose of allowing the transportation
enterprise to defray the costs of completing, operating, and maintaining the surface transportation infrastructure project network;
(II) Thereby:
(A) Fund the specific benefit of the privilege of accessing surface
transportation infrastructure projects for user fee payers;
(B) Fund additional benefits of the remediation services provided by the
transportation enterprise, including reduction of traffic congestion and attendant delays, provision of additional transportation options, reduced emissions from air pollutants and greenhouse gas pollutants from motor vehicles, and reduced adverse environmental and health impacts of such emissions caused by the use of motor vehicles, for user fee payers; and
(III) Will be collected at rates that are reasonably calculated by the
transportation enterprise board based on the costs of providing the benefits provided to user fee payers and the costs of remediating the impacts caused by fee payers.
(2) (a) (I) The high-performance transportation enterprise is hereby created.
The transportation enterprise shall operate as a government-owned business within the department and shall be a division of the department. The board of the transportation enterprise shall consist of the following seven members:
(A) Four members appointed by the governor, each of whom shall have
professional expertise in transportation planning or development, local government, design-build contracting, public or private finance, engineering, environmental issues, or any other area that the governor believes will benefit the board in the execution of its powers and performance of its duties. The governor shall appoint one member who resides within the planning area of the Denver regional council of governments, one member who resides within the planning area of the Pikes Peak area council of governments, one member who resides within the planning area of the north front range metropolitan planning organization, and one member who resides within the interstate 70 mountain corridor.
(B) Three members of the commission appointed by resolution of the
commission.
(II) Initial appointments to the transportation enterprise board shall be made
no later than July 1, 2009. Members of the board shall serve at the pleasure of the appointing authority and without compensation. Vacancies in the membership of the transportation enterprise board shall be filled in the same manner as regular appointments.
(III) (A) The transportation enterprise and the transportation enterprise
director are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.
(B) The powers, duties, and functions of the transportation enterprise include
the powers, duties, and functions of the statewide tolling enterprise, created in the department pursuant to section 43-4-803 (1), prior to the repeal and reenactment of said section by Senate Bill 09-108, enacted in 2009, and the statewide tolling enterprise is abolished.
(b) The transportation enterprise board shall, with the consent of the
executive director, appoint a director of the enterprise who shall possess such qualifications as may be established by the board and the state personnel board. The director shall oversee the discharge of all responsibilities of the transportation enterprise and shall serve at the pleasure of the board.
(c) The business purpose of the transportation enterprise is to pursue public-private partnerships and other innovative and efficient means of completing
surface transportation infrastructure projects. To allow the transportation enterprise to accomplish this purpose and fully exercise its powers and duties through the transportation enterprise board, the transportation enterprise may:
(I) Subject to the limitations specified in section 43-4-808 (3) and subsection
(7.6) of this section, impose user fees, including the congestion impact fee authorized by subsection (7.6) of this section, for the privilege of using surface transportation infrastructure;
(II) Issue or reissue revenue bonds payable from the revenues and other
available moneys of the transportation enterprise pledged for their payment as authorized in section 43-4-807;
(III) Contract with any other governmental or nongovernmental source of
funding for loans or grants to be used to support transportation enterprise functions; and
(IV) Seek out and enter into public-private partnerships.
(d) The transportation enterprise shall constitute an enterprise for purposes
of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this paragraph (d), the transportation enterprise shall not be subject to any provisions of section 20 of article X of the state constitution.
(3) (a) The statewide transportation enterprise special revenue fund is
created in the state treasury. All revenue received by the transportation enterprise, including all revenue from both user fees collected from users of a particular surface transportation infrastructure project and congestion impact fees, collected pursuant to subsections (2)(c)(I) and (7.6) of this section, must be deposited into the transportation special fund. The transportation enterprise board may establish separate accounts within the transportation special fund as needed in connection with any specific surface transportation infrastructure project. The transportation enterprise also may deposit or permit others to deposit other money into the transportation special fund, but in no event may revenue from any tax otherwise available for general purposes be deposited into the transportation special fund. The state treasurer, after consulting with the transportation enterprise board, shall invest any money in the transportation special fund, including any surplus or reserves, but excluding any proceeds from the sale of bonds or earnings on such proceeds invested pursuant to section 43-4-807 (2), that are not needed for immediate use. Such money may be invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.
(b) All interest and income derived from the deposit and investment of
moneys in the transportation special fund shall be credited to the transportation special fund and, if applicable, to the appropriate surface transportation infrastructure project account. Moneys in the transportation special fund shall be continuously appropriated to the transportation enterprise for the purposes set forth in this part 8. All moneys deposited in the transportation special fund shall remain in the fund for the purposes set forth in this part 8, and no part of the fund shall be used for any other purpose.
(c) The transportation enterprise shall prepare a separate annual accounting
of the user fees collected from any surface transportation infrastructure project upon which any user fee is imposed and of congestion impact fees. A partner of the enterprise may prepare the annual accounting for a project upon which it imposes a user fee pursuant to the terms of a public-private partnership.
(d) The transportation enterprise may expend moneys in the transportation
special fund to pay bond obligations, to fund surface transportation infrastructure projects, and for the acquisition of land to the extent required in connection with any surface transportation infrastructure project. The transportation enterprise may also expend moneys in the transportation special fund to pay its operating costs and expenses. The transportation enterprise board shall have exclusive authority to budget and approve the expenditure of moneys in the transportation special fund.
(4) The commission may transfer moneys from the state highway fund
created in section 43-1-219 to the transportation enterprise for the purpose of defraying expenses incurred by the transportation enterprise prior to the receipt of bond proceeds or revenues by the enterprise. The transportation enterprise may accept and expend any moneys so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer shall constitute a loan from the commission to the transportation enterprise and shall not be considered a grant for purposes of section 20 (2)(d) of article X of the state constitution. As the transportation enterprise receives sufficient revenues in excess of expenditures, the enterprise shall reimburse the state highway fund for the principal amount of any loan made by the commission plus interest at a rate set by the commission. Any moneys loaned to the transportation enterprise pursuant to this section shall be deposited into a fund to be known as the statewide transportation enterprise operating fund, which fund is hereby created, or an account within the transportation special fund. All loaned money deposited into the transportation special fund shall be accounted for separately from other transportation special fund money.
(5) Notwithstanding any other provision of this section, user fee revenue
collected from users of a particular surface transportation infrastructure project must be expended only for purposes authorized by subsection (3) of this section and only for the surface transportation infrastructure project for which it was collected, to address ongoing congestion management needs related to the project, or as a portion of the expenditures made for another surface transportation infrastructure project that is integrated with the project as part of a surface transportation system; except that the transportation enterprise board may expend user fee revenue from each surface transportation infrastructure project in proportion to the total amount of such revenue generated by the project to pay overhead of the transportation enterprise. User fee revenue generated by the congestion impact fee imposed by the transportation enterprise pursuant to subsection (7.6) of this section may be expended on any part of the surface transportation infrastructure project network and for overhead of the transportation enterprise.
(6) In addition to any other powers and duties specified in this section, the
transportation enterprise board has the following powers and duties:
(a) To supervise and advise the transportation enterprise director;
(b) To adopt bylaws for the regulation of its affairs and the conduct of its
business;
(c) To issue revenue bonds, payable solely from the transportation special
fund, for the purpose of completing surface transportation infrastructure projects;
(d) To acquire, hold title to, and dispose of real and personal property as
necessary in the exercise of its powers and performance of its duties;
(e) To acquire, by purchase, gift, or grant, or, subject to the requirements of
articles 1 to 7 of title 38, C.R.S., by condemnation, any and all rights-of-way, lands, buildings, moneys, or grounds necessary or convenient for its authorized purposes;
(f) To enter into agreements with the commission, or the department to the
extent authorized by the commission, under which the transportation enterprise agrees to complete surface transportation infrastructure projects as specified in the agreements;
(g) To make and enter into contracts or agreements with any private or
public entity to facilitate a public-private partnership, including, but not limited to:
(I) An agreement pursuant to which the transportation enterprise or the
enterprise on behalf of the department operates, maintains, or provides services or property in connection with a surface transportation infrastructure project; or
(II) An agreement pursuant to which a private entity completes all or any
portion of a surface transportation infrastructure project on behalf of the transportation enterprise;
(h) To make and to enter into all other contracts or agreements, including,
but not limited to, design-build contracts, as defined in section 43-1-1402 (3), and intergovernmental agreements pursuant to section 29-1-203, C.R.S., that are necessary or incidental to the exercise of its powers and performance of its duties;
(i) To employ or contract for the services of consulting engineers or other
experts as are necessary in its judgment to carry out its powers and duties;
(j) To prepare, or cause to be prepared, detailed plans, specifications, or
estimates for any surface transportation infrastructure project within the state;
(k) In connection with any surface transportation infrastructure project, to
acquire, finance, repair, reconstruct, replace, operate, or maintain any surface transportation infrastructure within the state;
(l) To set and adopt, on an annual basis, a budget for the transportation
enterprise;
(m) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an
option to purchase, dispose of, or encumber real or personal property or any interest therein, including easements and rights-of-way, without restriction or limitation;
(n) To enter into interest rate exchange agreements for bonds that have
been issued in accordance with article 59.3 of title 11, C.R.S.;
(o) Pursuant to section 24-1-107.5, C.R.S., to establish, create, and approve
nonprofit entities and bonds issued by or on behalf of such nonprofit entities for the purpose of completing a surface transportation infrastructure project, to accept the assets of any such nonprofit entity, to obtain an option to acquire the assets of any such nonprofit entity by paying its bonds, to appoint or approve the appointment of members of the governing board of any such nonprofit entity, and to remove the members of the governing board of any such nonprofit entity for cause;
(p) To transfer money, property, or other assets of the transportation
enterprise to the department to the extent necessary to implement the financing of any surface transportation infrastructure project or for any other purpose authorized in this part 8;
(p.5) In accordance with an implementation plan developed as required by
section 32-9-107.7 (4), to enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the department to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service; and
(q) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted in this section.
(7) (a) In addition to the powers and duties specified in subsection (6) of this
section, the transportation enterprise board has the duty to evaluate any toll highway in the state that is owned and offered for sale or for lease and an operating concession by an entity other than the state in order to determine whether it is in the best interests of the state for the transportation enterprise to purchase or lease the toll highway or a partial interest in the toll highway that is being offered for sale, lease, or concession or enter into a public-private partnership in connection with the toll highway. In evaluating a toll highway, the transportation enterprise board shall consider the financial costs and benefits to the state and users of the toll highway of purchasing or leasing the toll highway or a partial interest in the toll highway or entering into a public-private partnership in connection with the toll highway; the effect of such a purchase, lease, or public-private partnership on statewide, regional, or local transportation plans previously adopted and on future transportation planning; and any other factors deemed significant by the board. In considering the effect on regional or local transportation plans, the transportation enterprise board shall consult with the appropriate regional or local transportation planning agency. Subject to criteria, procedures, processes, and rules established by the entity other than the state offering the toll highway for sale or for lease and an operating concession including, without limitation, provisions for rejecting all bids or proposals and short-listing bidders and proposers, and without any special consideration for either public or private sector interests that may bid on or propose to purchase or lease a toll highway, the transportation enterprise board may bid on or propose to purchase or lease a toll highway or a partial interest in a toll highway so offered without change or delay of such criteria, procedures, processes, and rules or may enter into a public-private partnership in connection with a toll highway and may finance all or a portion of the purchase or lease of a toll highway or a public-private partnership entered into in connection with a toll highway by issuing bonds as authorized by section 43-4-807 if the board determines that the purchase, lease, or public-private partnership is in the best interests of the state. Funding to perform a toll highway evaluation shall be provided by the department and managed by the transportation enterprise board. An entity other than the state shall consider and represent the interests of its constituency at all times during and after the evaluation process conducted by the transportation enterprise board pursuant to this subsection (7).
(b) For purposes of this subsection (7), entity other than the state means a
public highway authority created pursuant to section 43-4-504, a regional transportation authority created pursuant to section 43-4-603, a toll road or toll highway company formed pursuant to section 7-45-101, C.R.S., or any other natural person or entity other than the state or a department or agency of the state that may own a toll highway.
(c) This subsection (7) shall not be construed to require the transportation
enterprise board to purchase or lease any toll highway or partial interest in a toll highway or to enter into any public-private partnership in connection with any toll highway.
(7.5) In addition to any other powers and duties specified in this section, the
transportation enterprise may enter into a transportation demand management contract with the department under which the department compensates the transportation enterprise for relieving traffic congestion during peak travel times, as determined by the department and the transportation enterprise, in the portion of the interstate 70 mountain corridor that includes and lies between Floyd hill and the Eisenhower-Johnson tunnels by providing and operating reversible highway lanes within that portion of the corridor. If a feasibility study of a moveable barrier system on interstate 70 is completed and demonstrates that such a system is viable and that life safety issues can be addressed, a transportation demand management contract may establish, consistent with planning provisions in section 43-1-1103, the interstate 70 collaborative effort, context sensitive solutions, and the processes required by the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., the goal of beginning the provision and operation of reversible highway lanes and reporting to the general assembly no later than January 1, 2011. A transportation demand management contract may authorize the transportation enterprise to enter into single-fiscal-year or multiple-fiscal-year operating lease agreements or capital lease or financed purchase of an asset or certificate of participation agreements with a private contractor as needed to provide and operate the reversible highway lanes.
(7.6) (a) (I) In addition to any other powers and duties specified in this
section, on and after January 1, 2025, the transportation enterprise shall impose a congestion impact fee on all short-term vehicle rentals at a maximum rate, as determined by the transportation enterprise board, that is reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue and that is, except as otherwise provided in subsection (7.6)(c) of this section, no more than three dollars per day for any vehicle; except that a subsequent renewal of a short-term vehicle rental is exempt from the fee to the extent that the renewal extends the total rental period beyond thirty days. A car sharing program shall collect the congestion impact fee for any short-term vehicle rental of twenty-four hours or longer that is enabled by the car sharing program.
(II) As used in this subsection (7.6), unless the context otherwise requires:
(A) Battery electric motor vehicle has the same meaning as set forth in
section 43-4-1202 (1).
(B) Car sharing program has the same meaning as set forth in section 6-1-1202 (4).
(C) Plug-in hybrid electric motor vehicle has the same meaning as set forth
in section 43-4-1202 (14).
(D) Short-term vehicle rental means the rental of any motor vehicle, as
defined in section 42-1-102 (58), with a gross vehicle weight rating of twenty-six thousand pounds or less that is rented within Colorado for a period of not more than thirty days.
(b) The congestion impact fee must be collected, submitted to the
department of revenue, administered by the department of revenue, and forwarded by the department of revenue to the state treasurer in the same manner in which the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is collected, submitted, administered, and forwarded pursuant to section 43-4-804 (1)(b)(II). The department of revenue, when forwarding the congestion impact fee to the state treasurer with the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A), shall identify the amounts of each fee being forwarded, and the state treasurer shall credit all congestion impact fees to the transportation special fund. Any vehicle rented pursuant to a vehicle sharing arrangement that is exempt, pursuant to section 43-4-804 (1)(b)(III), from the daily vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A) is also exempt from the congestion impact fee.
(c) (I) For short-term vehicle rentals beginning during state fiscal year 2026-27 and for short-term vehicle rental periods beginning during any subsequent state
fiscal year, the daily limits on the amount of the congestion impact fee set forth in subsection (7.6)(a)(I) of this section are annually adjusted for inflation, and the transportation enterprise shall impose the congestion impact fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The transportation enterprise shall notify the department of revenue of the amount of the congestion impact fee to be collected for short-term vehicle rentals during each state fiscal year no later than April 1 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than May 1 of the calendar year in which the state fiscal year begins.
(II) As used in this subsection (7.6)(c), inflation means the average annual
percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before a state fiscal year for which an inflation adjustment to the congestion impact fee is to be made begins.
(d) Notwithstanding subsection (7.6)(c) of this section, no later than March 1,
2030, and every fifth March 1 thereafter, the transportation enterprise shall complete an analysis of the rate at which it imposes the congestion impact fee, the amount of revenue generated by the fee, and the use of fee revenue in order to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue. If the transportation enterprise determines that it is imposing or with its next inflation adjustment will be imposing the fee at a rate that generates or will generate more than the needed amount of revenue, it shall lower the rate at which it is imposing the fee or forego or reduce the inflation adjustment to the extent necessary to ensure that it is continuing to impose the fee at rates that are reasonably calculated to generate only the amount of revenue needed to pay the overall costs of providing the services to fee payers that will be funded with that revenue.
(7.7) In addition to any other powers and duties specified in this section:
(a) No later than March 1, 2025, the transportation enterprise shall develop a
new multimodal strategic capital plan, which the transportation enterprise board may, at its sole discretion, thereafter update as it deems necessary. The plan must:
(I) Align with the ten-year plan for each mode of transportation approved by
the commission in accordance with section 43-1-106 (15)(d), the statewide greenhouse gas pollution reduction goals set forth in section 25-7-102 (2)(g), and other state greenhouse gas reduction priorities;
(II) Comply with the greenhouse gas transportation planning standard
adopted by the commission, any amended or successor standard adopted by the commission, and any other pollution reduction planning standards required for surface transportation infrastructure projects by a federal or state law, regulation, or rule; and
(III) Prioritize benefits to user fee payers and the reduction of adverse
impacts on highways.
(b) No later than March 1, 2025, the transportation enterprise shall complete
an initial assessment of opportunities available through 2030 to leverage federal money made available to the state. After completing the initial assessment, the transportation enterprise shall assess such opportunities on an ongoing basis.
(7.8) In addition to any other powers and duties specified in this section, the
transportation enterprise may enter into a standalone intergovernmental agreement with or create a separate legal entity pursuant to sections 29-1-203 and 29-1-203.5 with the regional transportation district, created in section 32-9-105, the front range passenger rail district, created in section 32-22-103 (1), and the department of transportation to implement the completion of construction and operation of the regional transportation district's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service.
(8) (a) When the transportation enterprise board decides to study the
feasibility or desirability of completing a surface transportation infrastructure project that adds substantial transportation capacity or significantly alters travel patterns, the board shall invite every metropolitan planning organization or other transportation planning region with planning responsibility for any area in which the project will be located and every affected public mass transit operator, as defined in section 43-1-102 (5), public highway authority created pursuant to part 5 of this article, and regional transportation authority created pursuant to part 6 of this article to collaborate with the board in its study and review and comment regarding the project. The transportation enterprise board and a metropolitan planning organization, transportation planning region, public mass transit operator, public highway authority, or regional transportation authority may enter into an intergovernmental agreement to define the degree of collaboration and any sharing of costs and revenues. The transportation enterprise board, in collaboration with those metropolitan planning organizations, transportation planning regions, public mass transit operators, and authorities that are entitled to and wish to collaborate with the board, may develop a plan for the completion of the surface transportation infrastructure project that addresses the feasibility of the project, the technology to be utilized, project financing, and any other federally required information.
(b) In order to ensure that the limited resources available for the completion
of major surface transportation infrastructure projects are allocated only to projects deemed essential by all impacted metropolitan planning organizations and other transportation planning regions, every metropolitan planning organization or other transportation planning region that includes territory in which all or any portion of a proposed surface transportation infrastructure project that will add substantial transportation capacity or significantly alter traffic patterns is to be completed shall have the right to participate in the planning and development, and approve the completion, of the project. The right of participation shall extend, without limitation, to decisions regarding the scope of the project, the type of surface transportation infrastructure to be provided, project financing, allocation of project revenues, and the manner in which any user fees are to be imposed. A surface transportation infrastructure project shall not proceed past the planning stage until all metropolitan planning organizations entitled to participate in the planning, development, and approval process, including the transportation enterprise and any partner of the enterprise under the terms of a public-private partnership, have approved the project.
(9) (a) The transportation enterprise is not intended to supplant or duplicate
the services provided by any public mass transit operator, as defined in section 43-1-102 (5), railroad, public highway authority created pursuant to part 5 of this article, or regional transportation authority created pursuant to part 6 of this article except as described in detail in an intergovernmental agreement or other contractual agreement entered into by the transportation enterprise and the operator, railroad, or authority. The creation of and undertaking of surface transportation infrastructure projects by the transportation enterprise pursuant to this part 8 is not intended to discourage any combination of local governments from forming a public highway authority or a regional transportation authority.
(b) Moneys made available for any surface transportation infrastructure
project pursuant to this part 8 shall not be used to supplant existing or budgeted department funding for any portion of the state highway system within the territory of any transportation planning region, as defined in section 43-1-1102 (8), that includes any portion of the project.
(10) (a) Notwithstanding section 24-1-136 (11)(a)(I), no later than February 15,
2010, no later than February 15 of each year thereafter through 2024, and no later than March 1 of each year thereafter, the transportation enterprise shall present a report to the committees of the house of representatives and the senate that have jurisdiction over transportation. The report must include a summary of the transportation enterprise's activities for the previous year, a summary of the status of any current surface transportation infrastructure projects, a statement of the enterprise's revenues and expenses, and any recommendations for statutory changes that the enterprise deems necessary or desirable. The committees shall review the report and may recommend legislation. The report shall be public and shall be available on the website of the department on or before January 15 of the year in which the report is presented.
(b) Beginning with the report due no later than February 15, 2021, the report
shall also include for each of the transportation enterprise's executed or proposed public-private partnerships:
(I) A summary of the processes that the transportation enterprise has used
leading up to or anticipates using to lead up to its entry into the public-private partnership, including the processes for obtaining and responding to public questions, concerns, and other comments or input, the processes for keeping the state legislators and local elected officials who represent any area in which a surface transportation infrastructure project of the public-private partnership will be located informed and updated about the project and the public-private partnership, and the processes for selecting each partner to the public-private partnership; and
(II) A summary of the actual, or to the extent available the anticipated, major
financial, performance, and length-of-term provisions of the public-private partnership.
(c) Beginning with the report due no later than March 1, 2025, the report
shall also detail the transportation enterprise's work to reduce traffic congestion and greenhouse gas emissions and support the expansion of public transit.
(11) (a) As used in this subsection (11), unless the context otherwise requires,
peak period shoulder lane means:
(I) The eastbound managed toll lane on interstate 70 between mile marker
230 (Empire Junction) and the veterans memorial tunnel; or
(II) The westbound managed toll lane on interstate 70 between the veterans
memorial tunnel and mile marker 230 (Empire Junction).
(b) (I) Unless a person is operating an authorized emergency vehicle, as
defined in section 42-1-102 (6), or an authorized service vehicle, as defined in section 42-1-102 (7), or using a lane in the case of an emergency, a person shall not drive on the peak period shoulder lane when the posted signage indicates that the peak period shoulder lane is closed.
(II) A person shall not drive on a peak period shoulder lane at any time if the
person is driving a motor vehicle with more than two axles or that is twenty-five feet in length or longer.
(c) The transportation enterprise shall enforce violations of subsection (11)(b)
of this section and assess and remit civil penalties for the violations in accordance with section 43-4-808 (2).
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 30, � 1, effective
March 2. L. 2010: (7.5) added, (SB 10-184), ch. 334, p. 1536, � 1, effective May 27. L. 2015: (4) amended, (SB 15-187), ch. 102, p. 296, � 1, effective April 16. L. 2017: (10) amended, (SB 17-231), ch. 174, p. 635, � 6, effective August 9. L. 2020: (10) amended, (SB 20-017), ch. 27, p. 96, � 1, effective September 14. L. 2021: (7.5) amended, (HB 21-1316), ch. 325, p. 2069, � 84, effective July 1. L. 2022: (11) added, (HB 22-1074), ch. 20, p. 135, � 1, effective August 1; (2)(a)(III) amended, (SB 22-162), ch. 469, p. 3432, � 224, effective August 10. L. 2024: (1)(a), (2)(a)(III)(B), (2)(c)(I), (3)(a), (3)(c), (5), IP(6), (6)(p), (9)(a), and (10)(a) amended and (1.5), (6)(p.5), (7.6), (7.7), (7.8), and (10)(c) added, (SB 24-184), ch. 186, p. 1055, � 13, effective May 16. L. 2025: (3)(a) amended, (SB 25-275), ch. 377, p. 2107, � 330, effective August 6.
Editor's note: This section is similar to former �� 43-4-803, 43-4-804, 43-4-805, and 43-4-806 as they existed prior to 2009.
Cross references: (1) For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
(2) For the legislative declaration in SB 24-184, see section 1 of chapter 186,
Session Laws of Colorado 2024.
C.R.S. § 43-4-808
43-4-808. Toll highways - special provisions - limitations. (1) The transportation enterprise or any partner of the enterprise operating surface transportation infrastructure that is a toll highway under the terms of a public-private partnership shall, in operating the toll highway:
(a) Ensure unrestricted access by all vehicles to the toll highway and shall
not require that a particular class of vehicles travel upon the toll highway; except that the enterprise or its partner may designate one or more highway lanes for high-occupancy vehicle use only and may restrict access to vehicles carrying hazardous materials or other vehicles to the extent necessary to protect the health and safety of the public; and
(b) Allow any public transportation vehicle to travel on the toll highway
without paying a user fee.
(2) (a) The traffic laws of this state, and those of any municipality through
which a toll highway passes, and the transportation enterprise's regulations regarding toll collection and enforcement shall pertain to and govern the use of the toll highway. State and local law enforcement authorities are authorized to enter into traffic and toll enforcement agreements with the transportation enterprise. Any moneys received by a state law enforcement authority pursuant to a toll enforcement agreement shall be subject to annual appropriations by the general assembly to the law enforcement authority for the purpose of performing its duties pursuant to the agreement.
(b) The transportation enterprise may adopt, by resolution of the
transportation enterprise board, rules pertaining to the enforcement of toll collection and providing a civil penalty for toll evasion. The civil penalty established by the transportation enterprise for any toll evasion shall be not less than ten dollars nor more than two hundred fifty dollars in addition to any costs imposed by a court. The transportation enterprise may use state-of-the-art technology, including, but not limited to, automatic vehicle identification photography, to aid in the collection of tolls and enforcement of toll violations. The use of state-of-the-art technology to aid in enforcement of toll violations shall be governed solely by this section.
(c) (I) Any person who evades a toll established by the transportation
enterprise shall be subject to the civil penalty established by the enterprise for toll evasion. Any peace officer as described in section 16-2.5-101, C.R.S., shall have the authority to issue civil penalty assessments, or municipal summons and complaints if authorized pursuant to a municipal ordinance, for toll evasion.
(II) At any time that a person is cited for toll evasion, the person operating
the motor vehicle involved shall be given either a notice in the form of a civil penalty assessment notice or a municipal summons and complaint.
(III) If a civil penalty assessment notice is issued, the notice shall be tendered
by a peace officer as described in section 16-2.5-101, C.R.S., and shall contain the name and address of the person operating the motor vehicle involved, the license number of the motor vehicle, the person's driver's license number, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of the person's receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion pursuant to this section if the prescribed toll, fee, or civil penalty are not paid within twenty days. Every cited person shall execute the signed acknowledgment of the person's receipt of the civil penalty assessment notice.
(IV) The acknowledgment of liability shall be executed at the time the person
cited pays the prescribed penalty. The person cited shall pay the toll, fee, or civil penalty authorized by the transportation enterprise at the office of the enterprise or the enterprise's collection designee either in person or by postmarking the payment within twenty days of the notice. If the person cited does not pay the prescribed toll, fee, or civil penalty within twenty days of the notice, the civil penalty assessment notice shall constitute a complaint to appear for adjudication of a toll evasion pursuant to this section, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint in the manner specified in the notice.
(V) If a municipal summons and complaint is issued, the adjudication of the
violation shall be conducted and the format of the summons and complaint shall be determined pursuant to the terms of the municipal ordinance authorizing issuance of the summons and complaint. In no case shall the penalty upon conviction for violation of a municipal ordinance for toll evasion exceed the limit established in paragraph (b) of this subsection (2).
(d) (I) The respective courts of the municipalities, counties, and cities and
counties shall have jurisdiction to try all cases arising under municipal ordinances and state laws governing the use of a toll highway and arising under the toll evasion civil penalty rules enacted by the transportation enterprise. Venue for any such case shall be in the municipality, county, or city and county where the alleged violation of a municipal ordinance, state law, or rule of the transportation enterprise occurred.
(II) At the request of the judicial department, the transportation enterprise
shall consider establishing an administrative toll enforcement process and may, by resolution, adopt rules creating such a process. The rules pertaining to the administrative enforcement of toll evasion shall require notice to the person cited for toll evasion and provide to the person an opportunity to appear at an open hearing conducted by an impartial hearing officer and a right to appeal the final administrative determination of toll evasion to the county court for the county in which the violation occurred.
(III) If the transportation enterprise establishes an administrative toll
enforcement process, no court of a municipality, county, or city and county shall have jurisdiction to hear toll evasion cases arising on a toll highway operated by the enterprise.
(IV) A toll evasion case may be adjudicated by an impartial hearing officer in
an administrative hearing conducted pursuant to this section and the rules promulgated by the transportation enterprise. The hearing officer may be an administrative law judge employed by the state or an independent contractor of the transportation enterprise. The contract for an independent contractor shall grant to the hearing officer the same degree of independence granted to an administrative law judge employed by the state. The transportation enterprise may enter into contracts pursuant to section 29-1-203, C.R.S., for joint adjudication of toll evasion cases pursuant to this section.
(V) The transportation enterprise may file a certified copy of an order
imposing a toll, fee, and civil penalty that is entered by the hearing officer in an adjudication of a toll evasion with the clerk of the county court in the county in which the violation occurred at any time after the order is entered. The clerk shall record the order in the judgment book of the court and enter it in the judgment docket. The order shall thenceforth have the effect of a judgment of the county court, and execution may issue on the order out of the court as in other cases.
(VI) An administrative adjudication of a toll evasion by the transportation
enterprise is subject to judicial review. The administrative adjudication may be appealed as to matters of law and fact to the county court for the county in which the violation occurred. The appeal shall be a de novo hearing.
(VII) Notwithstanding the specific remedies provided by this section, the
transportation enterprise shall have every legal remedy available to enforce unpaid tolls and fees as debts owed to the enterprise.
(e) The aggregate amount of penalties, exclusive of court costs, collected as
a result of civil penalties imposed pursuant to rules adopted as authorized in paragraph (b) of this subsection (2) shall be remitted to the transportation enterprise and shall be applied by the enterprise to defray the costs and expenses of enforcing the laws of the state and the regulations of the enterprise. If a municipal summons or complaint is issued, the aggregate penalty shall be apportioned pursuant to the terms of any enforcement agreement.
(f) (I) In addition to the penalty assessment procedure provided for in
paragraph (c) of this subsection (2), where an instance of toll evasion is evidenced by automatic vehicle identification photography or other technology not involving a peace officer, a civil penalty assessment notice may be issued and sent by first-class mail, or by any mail delivery service offered by an entity other than the United States postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, by the transportation enterprise to the registered owner of the motor vehicle involved. The notice shall contain the name and address of the registered owner of the vehicle involved, the license number of the vehicle involved, the date of the notice, the date, time, and location of the violation, the amount of the penalty prescribed for the violation, a place for such person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear for adjudication of a toll evasion civil penalty assessment. Except as otherwise provided in subparagraphs (II) and (III) of this paragraph (f), the registered owner of the vehicle involved in a toll evasion shall be presumed liable for the toll, fee, or civil penalty imposed by the transportation enterprise. If the registered owner of the vehicle does not pay the prescribed toll, fee, or civil penalty within thirty days of the date of the civil penalty assessment notice, the notice shall constitute a complaint to appear for adjudication of a toll evasion in court or in an administrative toll enforcement proceeding, and the registered owner of the vehicle shall, within the time specified in the notice, file an answer to the complaint in the manner specified in the notice. If the registered owner of the vehicle fails to pay in full the outstanding toll, fee, or civil penalty as set forth in the notice or to appear and answer the complaint and request a hearing as specified in the notice, a final order of liability shall be entered against the registered owner of the vehicle for the purposes of enabling the registered owner to appeal pursuant to subparagraph (VI) of paragraph (d) of this subsection (2) and allowing the transportation enterprise to proceed to judgment pursuant to subparagraph (V) of paragraph (d) of this subsection (2).
(II) In addition to any other liability provided for in this section, the owner of a
motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a toll evasion violation civil penalty; except that, at the discretion of such owner:
(A) The owner may obtain payment for a toll evasion violation civil penalty
from the person or company who leased or rented the vehicle at the time of the toll evasion through a credit or debit card payment and forward the payment to the transportation enterprise; or
(B) The owner may seek to avoid liability for a toll evasion violation civil
penalty if the owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time of the toll evasion violation, the vehicle was leased or rented to another person. To avoid liability for payment, the owner of the motor vehicle shall, within thirty days after receipt of the notification of the toll evasion violation, furnish to the transportation enterprise an affidavit containing the name, address, and state driver's license number of the person or company who leased or rented the vehicle. As a condition to avoid liability for payment of a toll evasion violation civil penalty, any person or company who leases or rents motor vehicles to a person shall include a notice in the leasing or rental agreement stating that, pursuant to the requirements of this section, the person renting or leasing the vehicle is liable for payment of a toll evasion violation civil penalty incurred on or after the date the person renting or leasing the vehicle takes possession of the motor vehicle. The notice shall inform the person renting or leasing the vehicle that the person's name, address, and state driver's license number shall be furnished to the transportation enterprise when a toll evasion violation civil penalty is incurred during the term of the lease or rental agreement.
(III) The registered owner of a vehicle involved in a toll evasion violation may
rebut the presumption of liability for the violation by proving by a preponderance of the evidence that:
(A) The owner sold or otherwise transferred ownership of the vehicle to
another person before the date of the violation as evidenced by a bill of sale or similar document; or
(B) The owner did not have custody and control of the vehicle at the time of
the violation due to theft as evidenced by a report to a law enforcement agency.
(IV) (Deleted by amendment, L. 2010, (SB 10-016), ch. 150, p. 519, � 2,
effective April 21, 2010.)
(g) A court with jurisdiction in a toll evasion case pursuant to subparagraph
(I) of paragraph (d) of this subsection (2) or the transportation enterprise, if it has jurisdiction in a toll evasion case pursuant to subparagraph (II) of paragraph (d) of this subsection (2), may report to the department of revenue any outstanding judgment or warrant or any failure to pay the toll, fee, or civil penalty for any toll evasion. Upon receipt of a certified report from a court or the transportation enterprise stating that the owner of a registered vehicle has failed to pay a toll, fee, or civil penalty resulting from a final order entered by the enterprise, the department shall not renew the registration of the vehicle until the toll, fee, and civil penalty are paid in full. The transportation enterprise shall contract with and compensate a vendor approved by the department for the direct costs associated with the nonrenewal of a vehicle registration pursuant to this paragraph (g). The department has no authority to assess any points against a license under section 42-2-127, C.R.S., upon entry of a conviction or judgment for any toll evasion.
(3) Notwithstanding any other provision of law and subject to the
requirements of section 43-4-806 (8) and any limitations set forth in the state constitution or in federal law, the transportation enterprise may:
(a) Impose user fees on a highway segment or highway lanes that have
previously served vehicular traffic on a user fee-free basis if:
(I) It has obtained any required federal approval for the user fees; and
(II) It has obtained the approval of every local government that includes
territory in which all or any portion of the highway segment or highway lanes upon which the user fee is to be imposed pass or that will otherwise be substantially impacted by the imposition of the user fees on the highway segment or highway lanes;
(b) Incorporate congestion management and congestion pricing into its
schedule of user fees for any highway or highway system; and
(c) Authorize the investment of highway-derived user fee revenues for cost-effective multimodal transportation projects that promote mobility, reductions in
emissions of greenhouse gases, and energy efficiency.
(4) When determining whether to undertake and complete a surface
transportation infrastructure project to be funded, in whole or in part, through the imposition of any user fee, the transportation enterprise shall consider whether the completion of the project will help to reconnect or reintegrate any local government or other community that has been disconnected or divided by existing transportation infrastructure.
(5) Before imposing a user fee on a highway segment or highway lanes that
have previously served vehicular traffic on a toll-free basis, the transportation enterprise shall prepare or cause to be prepared a local air quality impact statement and a local community traffic safety assessment that specifically take into account any diversion of vehicular traffic from the highway segment or highway lanes onto other highways, roads, or streets that is expected to result from the imposition of the user fee.
Source: L. 2009: Entire part R&RE, (SB 09-108), ch. 5, p. 40, � 1, effective
March 2. L. 2010: (2)(d)(VI), (2)(f)(I), and (2)(f)(IV) amended, (SB 10-016), ch. 150, p. 519, � 2, effective April 21.
Editor's note: This section is similar to former � 43-4-811 as it existed prior to
2009, and the former � 43-4-808 was relocated to � 43-4-807.
C.R.S. § 43-5-308
43-5-308. Flagpersons - definition - penalty. (1) (a) A person shall not fail or refuse to obey the visible instructions, signals, or direction displayed or given by a flagperson. A person who violates this subsection (1)(a) commits a class A traffic infraction.
(b) If a driver fails to comply with the flagperson's instructions, the
flagperson or any other person with information as to the identity of the driver or the license plate number of the driver's vehicle may, and if practicable shall, promptly relay the information to the appropriate law enforcement agency.
(2) (a) Only a trained person may provide temporary traffic control or
direction within any highway, road, or street maintenance or construction work area as a flagperson.
(b) The department shall authorize public and private entities to conduct
flagperson certification training and shall develop and provide, at cost, examination and training materials that authorized entities must use in conducting flagperson certification.
(c) While directing traffic, a flagperson shall wear high-visibility garments
and display an official hand signal device prescribed in the state traffic control manual adopted by the department pursuant to section 42-4-104, C.R.S., or its supplement.
(d) A flagperson shall abide by the Colorado manual of uniform traffic
control devices and shall not use any device that might distract the flagperson's vision, hearing, or attention while directing traffic.
(3) As used in this section, flagperson means a person:
(a) Eighteen years of age or older;
(b) Trained by an entity authorized by the department;
(c) Employed by the department, a department contractor, a political
subdivision of the state, or a contractor of a political subdivision; and
(d) Acting in his or her official capacity while performing work within a
temporary traffic control zone.
(4) This section does not apply to law enforcement personnel while
performing official law enforcement duties.
Source: L. 2014: Entire section added, (SB 14-060), ch. 70, p. 298, � 2,
effective July 1. L. 2021: (1)(a) amended, (SB 21-271), ch. 462, p. 3327, � 782, effective March 1, 2022. L. 2022: (1)(a) amended, (HB 22-1229), ch. 68, p. 350, � 45, effective March 1.
Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of
Colorado 2022, provides that the act amending this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.
Cross references: For the penalty for a class A traffic infraction, see � 42-4-1701 (3).
PART 4
IMPLEMENTATION OF FEDERAL
HIGHWAY SAFETY ACT OF 1966
C.R.S. § 44-10-203
44-10-203. State licensing authority - rules - repeal. (1) [Editor's note: This version of the introductory portion to subsection (1) is effective until January 5, 2026.] Permissive rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) may include the following subjects:
(1) [Editor's note: This version of the introductory portion to subsection (1) is
effective January 5, 2026.] Permissive rule-making. Rules adopted pursuant to section 44-10-202 (1)(c) may include the following subjects:
(a) Labeling guidelines concerning the total content of THC per unit of
weight;
(b) Control of informational and product displays on licensed premises;
(c) [Editor's note: This version of subsection (1)(c) is effective until January 5,
2026.] Records to be kept by licensees and the required availability of the records;
(c) [Editor's note: This version of subsection (1)(c) is effective January 5,
2026.] Records to be kept by licensees and the required availability of the records. The records required to be kept may include the following:
(I) Child resistance certificates;
(II) Testing records;
(III) Certificates of analysis or other records demonstrating the composition
of raw ingredients used in vaporizers or pressured metered dose inhalers;
(IV) Recall records;
(V) Adverse health events;
(VI) Corrective action and preventive action records;
(VII) Documentation required to demonstrate valid responsible vendor
designation;
(VIII) Standard operating procedures;
(IX) Transfer records to account for regulated marijuana transactions;
(X) Expiration date testing and use-by-date testing;
(XI) Patient records; and
(XII) Advertising records.
(d) Permitted economic interests issued prior to January 1, 2020, including a
process for a criminal history record check, a requirement that a permitted economic interest applicant submit to and pass a criminal history record check, a divestiture, and other agreements that would qualify as permitted economic interests;
(e) Specifications of duties of officers and employees of the state licensing
authority;
(f) Instructions for local licensing authorities and law enforcement officers;
(g) Requirements for inspections, investigations, searches, seizures,
forfeitures, and such additional activities as may become necessary from time to time;
(h) Prohibition of misrepresentation and unfair practices;
(i) Marijuana research and development licenses, including application
requirements; renewal requirements, including whether additional research projects may be added or considered; conditions for license revocation; security measures to ensure marijuana is not diverted to purposes other than research or diverted outside of the regulated marijuana market; the amount of plants, useable marijuana, marijuana concentrates, or marijuana products a licensee may have on its premises; licensee reporting requirements; the conditions under which marijuana possessed by medical marijuana licensees may be donated to marijuana research and development licensees or transferred to a nonmetric-based research facility; provisions to prevent contamination; requirements for destruction or transfer of marijuana after the research is concluded; and any additional requirements;
(j) A definition for disproportionate impacted area to the extent relevant
state of Colorado data exists, is available, and is used for the purpose of determining eligibility for a social equity licensee;
(j.3) The documentation a natural person applying to be a social equity
licensee must provide and the documentation verification the state licensing authority performs;
(j.5) [Editor's note: This version of subsection (1)(j.5) is effective until January
5, 2026.] The implementation of contingency plans pursuant to sections 44-10-502 (10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse weather event, or adverse natural occurrence and the process, procedures, requirements, and restrictions for contingency plans; and
(j.5) [Editor's note: This version of subsection (1)(j.5) is effective January 5,
2026.] The implementation of contingency plans pursuant to sections 44-10-502 (10) and 44-10-602 (14), including the definition of outdoor cultivation, adverse weather event, or adverse natural occurrence and the process, procedures, requirements, and restrictions for contingency plans;
(k) Such other matters as are necessary for the fair, impartial, stringent, and
comprehensive administration of this article 10;
(l) [Editor's note: Subsection (1)(l) is effective January 5, 2026.] Development
of individual identification cards for:
(I) Controlling beneficial owners;
(II) Passive beneficial owners; or
(III) Individuals who handle or transport regulated marijuana on behalf of
entities licensed pursuant to this article 10.
(m) [Editor's note: Subsection (1)(m) is effective January 5, 2026.]
Requirements for medical marijuana products manufacturers or retail marijuana products manufacturers to use an approved licensed premises and approved equipment to manufacture and prepare products not infused with regulated marijuana for the purpose of quality control and research and development in the formulation of regulated marijuana products.
(2) [Editor's note: This version of the introductory portion to subsection (2) is
effective until January 5, 2026.] Mandatory rule-making. Rules promulgated pursuant to section 44-10-202 (1)(c) must include the following subjects:
(2) [Editor's note: This version of the introductory portion to subsection (2) is
effective January 5, 2026.] Mandatory rule-making. Rules adopted pursuant to section 44-10-202 (1)(c) must include the following subjects:
(a) Procedures consistent with this article 10 for the issuance, renewal,
suspension, and revocation of licenses to operate medical marijuana businesses and retail marijuana businesses;
(b) Subject to the limitations contained in section 16 (5)(a)(II) of article XVIII
of the state constitution and consistent with this article 10, a schedule of application, licensing, and renewal fees for medical marijuana businesses and retail marijuana businesses;
(c) [Editor's note: This version of subsection (2)(c) is effective until January 5,
2026.] Qualifications for licensure pursuant to this article 10, including but not limited to the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners, passive beneficial owners, managers, contractors, employees, and other support staff of entities licensed pursuant to this article 10;
(c) [Editor's note: This version of subsection (2)(c) is effective January 5,
2026.] Qualifications for initial licensure pursuant to this article 10, including the requirement for a fingerprint-based criminal history record check for all controlling beneficial owners and passive beneficial owners of entities licensed pursuant to this article 10 and name-based judicial record checks for employees of regulated marijuana businesses;
(d) (I) Establishment of a marijuana and marijuana products independent
testing and certification program for marijuana business licensees, within an implementation time frame established by the department, requiring licensees to test marijuana and hemp products to ensure, at a minimum, that products sold for human consumption by persons licensed pursuant to this article 10 do not contain contaminants that are injurious to health and to ensure correct labeling.
(II) Testing may include analysis for microbial and residual solvents and
chemical and biological contaminants deemed to be public health hazards by the Colorado department of public health and environment based on medical reports and published scientific literature.
(III) (A) If test results indicate the presence of a substance determined to be
injurious to health, the medical marijuana or retail marijuana licensee shall immediately quarantine the products and notify the state licensing authority. The state licensing authority shall give the licensee an opportunity to remediate or decontaminate the product if the test indicated the presence of a microbial. If the licensee is unable to remediate or decontaminate the product, the licensee shall document and properly destroy the adulterated product. If the licensee is able to remediate or decontaminate the product and the product passes retesting, the licensee need not provide an additional label that would otherwise not be required for a product that passed initial testing.
(B) If retail marijuana or retail marijuana product test results indicate the
presence of quantities of a substance determined to be injurious to health, including pesticides, the state licensing authority shall give the licensee an opportunity to retest the retail marijuana or retail marijuana product.
(C) If two additional tests of the retail marijuana or retail marijuana product
do not indicate the presence of quantities of any substance determined to be injurious to health, the product may be used or sold by the retail marijuana licensee.
(IV) (A) Testing must also verify THC potency representations and
homogeneity for correct labeling and provide a cannabinoid profile for the regulated marijuana product.
(B) An individual retail marijuana piece of ten milligrams or less that has
gone through process validation is exempt from continued homogeneity testing.
(C) Homogeneity testing for one hundred milligram servings of retail
marijuana may utilize validation measures.
(V) The state licensing authority shall determine an acceptable variance for
potency representations and procedures to address potency misrepresentations. The state licensing authority shall determine an acceptable variance of at least plus or minus fifteen percent for potency representations and procedures to address potency misrepresentations.
(VI) The state licensing authority shall determine the protocols and
frequency of regulated marijuana testing by licensees.
(VII) A state, local, or municipal agency shall not employ or use the results of
any test of regulated marijuana or regulated marijuana products conducted by an analytical laboratory that is not certified pursuant to this subsection (2)(d)(VII) for the particular testing category or that is not accredited to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing. Starting January 1, 2018, a state, local, or municipal agency may use or employ the results of any test of regulated marijuana or regulated marijuana products conducted on or after January 1, 2018, by an analytical laboratory that is certified pursuant to this subsection (2)(d)(VII) for the particular testing category or is accredited pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or any subsequent superseding standard, in that field of testing.
(VIII) On or before January 1, 2019, the state licensing authority shall require
a medical marijuana testing facility or retail marijuana testing facility to be accredited by a body that is itself recognized by the International Laboratory Accreditation Cooperation in a category of testing pursuant to the International Organization for Standardization/International Electrotechnical Commission 17025:2005 standard, or a subsequent superseding standard, in order to receive certification or maintain certification; except that the state licensing authority may by rule establish conditions for providing extensions to a newly licensed medical marijuana testing facility or retail marijuana testing facility for a period not to exceed twelve months or a medical marijuana testing facility or retail marijuana testing facility for good cause as defined by rules promulgated by the state licensing authority, which must include but may not be limited to when an application for accreditation has been submitted and is pending with a recognized accrediting body.
(IX) The state licensing authority shall promulgate rules that prevent
redundant testing of marijuana and marijuana concentrate, including, but not limited to, potency testing of marijuana allocated to extractions, and residual solvent testing of marijuana concentrate when all inputs of the marijuana concentrate have passed residual solvent testing pursuant to this subsection (2)(d).
(e) [Editor's note: This version of subsection (2)(e) is effective until January
5, 2026.] Security requirements for any premises licensed pursuant to this article 10, including, at a minimum, lighting, physical security, video, and alarm requirements, and other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce this article 10, including biennial reporting requirements for changes, alterations, or modifications to the premises;
(e) [Editor's note: This version of subsection (2)(e) is effective January 5,
2026.] Security requirements for any premises licensed pursuant to this article 10. The security requirements must include, at a minimum, lighting, physical security, video, and alarm requirements; other minimum procedures for internal control as deemed necessary by the state licensing authority to properly administer and enforce this article 10; procedures for requiring written requests and providing licensees at least seventy-two hours to respond to requests to obtain copies of surveillance recordings created and maintained by the licensee; and biennial reporting requirements for changes, alterations, or modifications to the premises. Surveillance requirements for video recording areas of the licensed premises must include the following requirements:
(I) Each point of ingress and egress to the exterior of the licensed premises
must be surveilled;
(II) Points of sale with coverage of the customer or patient and occupational
licensee completing the sale must be surveilled;
(III) Areas of the licensed premises where shipping and receiving of
regulated marijuana occurs, test batches are collected, and regulated marijuana waste is destroyed must be surveilled; and
(IV) Delivery vehicle surveillance;
(f) Labeling requirements for regulated marijuana and regulated marijuana
products sold by a medical marijuana business or retail marijuana business that are at least as stringent as those imposed by section 25-4-1614 (3)(a) and include but are not limited to:
(I) Warning labels;
(II) Amount of THC per serving and the number of servings per package for
regulated marijuana products;
(III) A universal symbol indicating that the package contains marijuana; and
(IV) Potency of the regulated marijuana and regulated marijuana products;
(g) Health and safety regulations and standards for the manufacture of
regulated marijuana products and the cultivation of regulated marijuana, including procedures for the embargo and destruction of regulated marijuana in accordance with section 44-10-207;
(h) Regulation of the storage of, warehouses for, and transportation of
regulated marijuana and regulated marijuana products, including procedures for the administrative hold of regulated marijuana and regulated marijuana products pursuant to section 44-10-207, including establishing the following standards and processes to resolve administrative holds in a timely manner:
(I) Defining circumstances for the issuance of an administrative hold, which
circumstances must be based on objectives related to preventing the destruction of evidence, preventing diversion, or addressing a threat to public safety;
(II) Reasonable time frames and actions for the expedient resolution of an
administrative hold issued to preserve evidence and standards by which the state licensing authority would have reasonable grounds to extend an administrative hold due to the nature of the investigation or a threat to public safety;
(III) Reasonable expectations and timelines for notices of administrative
holds and subsequent processes; and
(IV) Processes allowing a licensee to destroy any regulated marijuana or
regulated marijuana products that are subject to an administrative hold when the need to preserve evidence has subsided;
(i) Sanitary requirements for medical marijuana businesses and retail
marijuana businesses, including but not limited to sanitary requirements for the preparation of regulated marijuana products;
(j) The reporting and transmittal of monthly sales tax payments by medical
marijuana stores and retail marijuana stores and any applicable excise tax payments by retail marijuana cultivation facilities;
(k) Authorization for the department to have access to licensing information
to ensure sales, excise, and income tax payment and the effective administration of this article 10;
(l) Compliance with, enforcement of, or violation of any provision of this
article 10, section 18-18-406.3 (7), or any rule promulgated pursuant to this article 10, including procedures and grounds for denying, suspending, fining, restricting, or revoking a state license issued pursuant to this article 10;
(m) Establishing a schedule of penalties and procedures for issuing and
appealing citations for violation of statutes and rules and issuing administrative citations;
(n) Medical marijuana transporter licensed businesses and retail marijuana
transporter licensed businesses, including requirements for drivers, including obtaining and maintaining a valid Colorado driver's license; insurance requirements; acceptable time frames for transport, storage, and delivery; requirements for transport vehicles; requirements for deliveries; and requirements for licensed premises;
(o) Medical marijuana business operator licenses and retail marijuana
business operator licensees, including the form and structure of allowable agreements between operators and the medical or retail marijuana business;
(p) Unescorted visitors in limited access areas;
(q) Temporary appointee registrations issued pursuant to section 44-10-401
(3), including occupational and business registration requirements; application time frames; notification requirements; issuance, expiration, renewal, suspension, and revocation of a temporary appointee registration; and conditions of registration;
(r) Requirements for a centralized distribution permit for medical marijuana
cultivation facilities or retail marijuana cultivation facilities issued pursuant to section 44-10-502 (6) or 44-10-602 (7), including but not limited to permit application requirements and privileges and restrictions of a centralized distribution permit;
(s) Requirements for issuance of co-location permits to a marijuana research
and development licensee authorizing co-location with a medical marijuana products manufacturer or retail marijuana products manufacturer licensed premises, including application requirements, eligibility, restrictions to prevent cross-contamination and to ensure physical separation of inventory and research activities, and other privileges and restrictions of permits;
(t) (I) Development of individual identification cards for individuals working in
or having unescorted access to the limited access areas of the licensed premises of a medical marijuana business or retail marijuana business, including a fingerprint-based criminal history record check as may be required by the state licensing authority prior to issuing a card;
(II) This subsection (2)(t) is repealed, effective January 5, 2026.
(u) Identification of state licensees and their controlling beneficial owners,
passive beneficial owners, managers, and employees;
(v) The specification of acceptable forms of picture identification that a
medical marijuana store or retail marijuana store may accept when verifying a sale, including but not limited to government-issued identification cards;
(w) State licensing procedures, including procedures for renewals,
reinstatements, initial licenses, and the payment of licensing fees;
(x) [Editor's note: This version of subsection (2)(x) is effective until January
5, 2026.] The conditions under which a licensee is authorized to transfer fibrous waste to a person for the purpose of producing only industrial fiber products. The conditions must include contract requirements that stipulate that the fibrous waste will only be used to produce industrial fiber products; record-keeping requirements; security measures related to the transport and transfer of fibrous waste; requirements for handling contaminated fibrous waste; and processes associated with handling fibrous waste. The rules must not require licensees to alter fibrous waste from its natural state prior to transfer.
(x) [Editor's note: This version of subsection (2)(x) is effective January 5,
2026.] The conditions under which a licensee is authorized to transfer fibrous waste to a person for the purpose of producing only industrial fiber products. The conditions must include contract requirements that stipulate that the fibrous waste will only be used to produce industrial fiber products; security measures related to the transport and transfer of fibrous waste; requirements for handling contaminated fibrous waste; and processes associated with handling fibrous waste. The rules must not require licensees to alter fibrous waste from its natural state before transfer.
(y) Requiring that edible regulated marijuana products be clearly
identifiable, when practicable, with a standard symbol indicating that they contain marijuana and are not for consumption by children. The symbols promulgated by rule of the state licensing authority must not appropriate signs or symbols associated with another Colorado business or industry;
(z) Requirements to prevent the sale or diversion of retail marijuana and
retail marijuana products to persons under twenty-one years of age;
(aa) The implementation of an accelerator program including but not limited
to rules to establish requirements for social equity licensees operating on the same licensed premises or on separate premises possessed by an accelerator-endorsed licensee. The state licensing authority's rules establishing an accelerator program may include requirements for severed custodianship of regulated marijuana products, protections of the intellectual property of a social equity licensee, incentives for accelerator-endorsed licensees, and additional requirements if a person applying for an accelerator endorsement has less than two years' experience operating a licensed facility pursuant to this article 10. An accelerator-endorsed licensee is not required to exercise the privileges of its license on the premises where a social equity licensee operates. The state licensing authority's implementation of an accelerator program is extended from July 1, 2020, to January 1, 2021.
(bb) [Editor's note: This version of the introductory portion to subsection
(2)(bb) is effective until January 5, 2026.] Conditions under which a licensee is authorized to collect marijuana consumer waste and transfer it to a person for the purposes of reuse or recycling in accordance with all requirements established by the department of public health and environment pertaining to waste disposal and recycling. The conditions must include:
(bb) [Editor's note: This version of the introductory portion to subsection
(2)(bb) is effective January 5, 2026.] The conditions under which a licensee is authorized to collect marijuana consumer waste and transfer it to a person for the purposes of reuse or recycling in accordance with all requirements established by the department of public health and environment pertaining to waste disposal and recycling. The conditions must include:
(I) That the person receiving marijuana consumer waste from a licensee is, to
the extent required by law, registered with the department of public health and environment;
(II) (A) Record-keeping requirements;
(B) This subsection (2)(bb)(II) is repealed, effective January 5, 2026.
(III) Security measures related to the collection and transfer of marijuana
consumer waste;
(IV) Health and safety requirements, including requirements for the handling
of marijuana consumer waste; and
(V) Processes associated with handling marijuana consumer waste, including
destruction of any remaining regulated marijuana in the marijuana consumer waste.
(cc) Requirements for a transition permit for medical marijuana cultivation
facilities or retail marijuana cultivation facilities issued pursuant to section 44-10-313 (13)(c), including but not limited to permit application requirements and restrictions of a transition permit;
(dd) [Editor's note: This version of the introductory portion to subsection
(2)(dd) is effective until January 5, 2026.] Requirements for medical marijuana and medical marijuana products delivery as described in section 44-10-501 (11) and section 44-10-505 (5) and retail marijuana and retail marijuana products delivery as described in sections 44-10-601 (13) and 44-10-605 (5), including:
(dd) [Editor's note: This version of the introductory portion to subsection
(2)(dd) is effective January 5, 2026.] Requirements for medical marijuana and medical marijuana products delivery as described in sections 44-10-501 (11) and 44-10-505 (5) and retail marijuana and retail marijuana products delivery as described in sections 44-10-601 (13) and 44-10-605 (5), including:
(I) Qualifications and eligibility requirements for licensed medical marijuana
stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters applying for a medical marijuana delivery permit;
(II) Training requirements for personnel of medical marijuana stores, retail
marijuana stores, medical marijuana transporters, and retail marijuana transporters that hold a medical marijuana or retail marijuana delivery permit who will deliver medical marijuana or medical marijuana products or retail marijuana or retail marijuana products pursuant to this article 10 and requirements that medical marijuana stores, retail marijuana stores, medical marijuana transporters, and retail marijuana transporters be considered to have a responsible vendor designation pursuant to section 44-10-1201 prior to conducting a delivery;
(III) Procedures for proof of medical marijuana registry and age identification
and verification;
(IV) Security requirements;
(V) [Editor's note: This version of subsection (2)(dd)(V) is effective until
January 5, 2026.] Delivery vehicle requirements, including requirements for surveillance;
(V) [Editor's note: This version of subsection (2)(dd)(V) is effective January 5,
2026.] Delivery vehicle requirements;
(VI) (A) Record-keeping requirements;
(B) This subsection (2)(dd)(VI) is repealed, effective January 5, 2026.
(VII) Limits on the amount of medical marijuana and medical marijuana
products and retail marijuana and retail marijuana products that may be carried in a delivery vehicle and delivered to a patient or parent or guardian or individual, which cannot exceed limits placed on sales at licensed medical marijuana stores;
(VIII) Limits on the amount of retail marijuana and retail marijuana products
that may be carried in a delivery vehicle and delivered to an individual, which cannot exceed limits placed on sales at retail marijuana stores;
(IX) Inventory tracking system requirements, which include the ability to
determine the amount of medical marijuana a patient has purchased that day in real time by searching a patient registration number;
(X) Health and safety requirements for medical marijuana and medical
marijuana products delivered to a patient or parent or guardian and for retail marijuana and retail marijuana products delivered to an individual;
(XI) Confidentiality requirements to ensure that persons delivering medical
marijuana and medical marijuana products or retail marijuana and retail marijuana products pursuant to this article 10 do not disclose personal identifying information to any person other than those who need that information in order to take, process, or deliver the order or as otherwise required or authorized by this article 10, title 18, or title 25;
(XII) An application fee and annual renewal fee for the medical marijuana
delivery permit and the retail marijuana delivery permit. The amount of the fee must reflect the expected costs of administering the medical marijuana delivery permit and the retail marijuana delivery permit and may be adjusted by the state licensing authority to reflect the permit's actual direct and indirect costs.
(XIII) The permitted hours of delivery of medical marijuana and medical
marijuana products and retail marijuana and retail marijuana products;
(XIV) (A) Requirements for areas where medical marijuana and medical
marijuana products or retail marijuana and retail marijuana products orders are stored, weighed, packaged, prepared, and tagged, including requirements that medical marijuana and medical marijuana products or retail marijuana and retail marijuana products cannot be placed into a delivery vehicle until after an order has been placed and that all delivery orders must be packaged on the licensed premises of a medical marijuana store or retail marijuana store or its associated state licensing authority-authorized storage facility as defined by rule after an order has been received.
(B) By January 1, 2027, the state licensing authority shall promulgate rules
that do not require licensees to use radio frequency identification technology to track regulated marijuana in seed-to-sale tracking system requirements established by rule.
(XV) Payment methods, including but not limited to the use of gift cards and
prepayment accounts;
(ee) (I) (A) Ownership and financial disclosure procedures and requirements
pursuant to this article 10;
(B) Records a medical marijuana business or retail marijuana business is
required to maintain regarding its controlling beneficial owners, passive beneficial owners, and indirect financial interest holders that may be subject to disclosure at renewal or as part of any other investigation following initial licensure of a medical marijuana business or retail marijuana business;
(C) Procedures and requirements for findings of suitability pursuant to this
article 10, including fees necessary to cover the direct and indirect costs of any suitability investigation;
(D) Procedures and requirements concerning the divestiture of the beneficial
ownership of a person found unsuitable by the state licensing authority;
(E) Procedures, processes, and requirements for transfers of ownership
involving a publicly traded corporation, including but not limited to mergers with a publicly traded corporation, investment by a publicly traded corporation, and public offerings;
(F) Designation of persons that by virtue of common control constitute
controlling beneficial owners;
(G) Modification of the percentage of owner's interests that may be held by a
controlling beneficial owner and passive beneficial owner;
(H) Designation of persons that qualify for an exemption from an otherwise
required finding of suitability; and
(I) Designation of indirect financial interest holders and qualified institutional
investors.
(II) Rules promulgated pursuant to this subsection (2)(ee) must not be any
more restrictive than the requirements expressly established under this article 10.
(ff) The implementation of marijuana hospitality and retail marijuana
hospitality and sales business licenses, including but not limited to:
(I) General insurance liability requirements;
(II) A sales limit per transaction for retail marijuana and retail marijuana
products that may be sold to a patron of a retail marijuana hospitality and sales business; except that the sales limit established by the state licensing authority must not be an amount less than one gram of retail marijuana flower, one-quarter of one gram of retail marijuana concentrate, or a retail marijuana product containing not more than ten milligrams of active THC;
(III) Restrictions on the type of any retail marijuana or retail marijuana
product authorized to be sold, including that the marijuana or product be meant for consumption in the licensed premises of the business;
(IV) Prohibitions on activity that would require additional licensure on the
licensed premises, including but not limited to sales, manufacturing, or cultivation activity;
(V) Requirements for marijuana hospitality businesses and retail marijuana
hospitality and sales businesses operating pursuant to section 44-10-609 or 44-10-610 in a retail food business;
(VI) Requirements for marijuana hospitality businesses and retail marijuana
hospitality and sales business licensees to destroy any unconsumed marijuana or marijuana products left behind by a patron; and
(VII) Rules to ensure compliance with section 42-4-1305.5;
(gg) [Editor's note: This version of the introductory portion to subsection
(1)(gg) is effective until January 5, 2026.] For marijuana hospitality businesses that are mobile, regulations including but not limited to:
(gg) [Editor's note: This version of the introductory portion to subsection
(1)(gg) is effective January 5, 2026.] For marijuana hospitality businesses that are mobile, regulations including:
(I) Registration of vehicles and proper designation of vehicles used as mobile
licensed premises;
(II) (A) Surveillance cameras inside the vehicles;
(B) This subsection (2)(gg)(II) is repealed, effective January 5, 2026.
(III) Global positioning system tracking and route logging in an established
route manifest system;
(IV) Compliance with section 42-4-1305.5;
(V) Ensuring activity is not visible outside of the vehicle; and
(VI) Proper ventilation within the vehicle;
(hh) The circumstances that constitute a significant physical or geographic
hardship as used in section 44-10-501 (13);
(ii) Effective January 1, 2023, requirements for medical and retail marijuana
concentrate to promote consumer health and awareness, which shall include a recommended serving size, visual representation of one recommended serving, and labeling requirements and may include a measuring device that may be used to measure one recommended serving;
(jj) Allowing a person to operate a licensed medical marijuana business and a
licensed retail marijuana business at the same location pursuant to section 44-10-313 (14).
(kk) [Editor's note: Subsection (2)(kk) is effective January 5, 2026.] R-and-D
unit limits and requirement, including limits on the number of occupational licensees that may receive R-and-D units from an employer, a requirement that an occupational licensee be designated to receive R-and-D units in the seed-to-sale inventory tracking system, and limits on how many R-and-D units may be evaluated by an occupational licensee.
(3) In promulgating rules pursuant to this section, the state licensing
authority may seek the assistance of the department of public health and environment when necessary before promulgating rules on the following subjects:
(a) Signage, marketing, and advertising, including but not limited to a
prohibition on mass-market campaigns that have a high likelihood of reaching persons under eighteen years of age for medical marijuana and have a high likelihood of reaching persons under twenty-one years of age for retail marijuana and other such rules that may include:
(I) Allowing packaging and accessory branding;
(II) Prohibiting health or physical benefit claims in advertising,
merchandising, and packaging;
(III) Prohibiting unsolicited pop-up advertising on the internet;
(IV) Prohibiting banner ads on mass-market websites;
(V) Prohibiting opt-in marketing that does not permit an easy and permanent
opt-out feature;
(VI) Prohibiting marketing directed toward location-based devices, including
but not limited to cellular phones, unless the marketing is a mobile device application installed on the device by the owner of the device who is eighteen years of age or older for medical marijuana and twenty-one years of age or older for retail marijuana and includes a permanent and easy opt-out feature;
(VII) Prohibiting advertising and marketing by a medical marijuana business
that is specifically directed at persons who are under twenty-one years of age; and
(VIII) Requirements that any advertising or marketing specific to medical
marijuana concentrate or retail marijuana concentrate include a notice regarding the potential risks of medical marijuana concentrate or retail marijuana concentrate overconsumption;
(b) A prohibition on the sale of regulated marijuana and regulated marijuana
products unless the product is:
(I) Packaged in packaging meeting requirements established by the state
licensing authority similar to the federal Poison Prevention Packaging Act of 1970, 15 U.S.C. sec. 1471 et seq., as amended; and
(II) Placed in an opaque and resealable exit package or container meeting
requirements established by the state licensing authority at the point of sale prior to exiting the store;
(c) The safe and lawful transport of regulated marijuana and regulated
marijuana products between the licensed business and testing laboratories;
(d) A standardized marijuana serving size amount for edible retail marijuana
products that does not contain more than ten milligrams of active THC, designed only to provide consumers with information about the total number of servings of active THC in a particular retail marijuana product, not as a limitation on the total amount of THC in any particular item; labeling requirements regarding servings for edible retail marijuana products; and limitations on the total amount of active THC in a sealed internal package that is no more than one hundred milligrams of active THC;
(e) Prohibition on or regulation of additives to any regulated marijuana
product, including but not limited to those that are toxic, designed to make the product more addictive, designed to make the product more appealing to children, or misleading to consumers, but not including common baking and cooking items;
(f) Permission for a local fire department to conduct an annual fire
inspection of a medical marijuana cultivation facility or retail marijuana cultivation facility;
(g) A prohibition on the production and sale of edible regulated marijuana
products that are in the distinct shape of a human, animal, or fruit. Geometric shapes and products that are simply fruit flavored are not considered fruit. Products in the shape of a marijuana leaf are permissible. Nothing in this subsection (3)(g) applies to a company logo.
(h) A requirement that every medical marijuana store and retail marijuana
store post, at all times and in a prominent place at every point of sale, a warning that has a minimum height of three inches and a width of six inches and that reads:
Warning: Using marijuana, in any form, while you are pregnant or breastfeeding passes THC to your baby and may be harmful to your baby. There is no known safe amount of marijuana use during pregnancy or breastfeeding.
(4) Equivalency. Rules promulgated pursuant to section 44-10-202 (1)(c)
must also include establishing the equivalent of one ounce of retail marijuana flower in various retail marijuana products, including retail marijuana concentrate. Prior to promulgating the rules required by this subsection (4), the state licensing authority may contract for a scientific study to determine the equivalency of marijuana flower in retail marijuana products, including retail marijuana concentrate.
(5) Statewide class system cultivation facility rules - medical marijuana. (a)
The state licensing authority shall create a statewide licensure class system for medical marijuana cultivation facility licenses. The classifications may be based upon square footage of the facility; lights, lumens, or wattage; lit canopy; the number of cultivating plants; other reasonable metrics; or any combination thereof. The state licensing authority shall create a fee structure for the licensure class system.
(b) (I) The state licensing authority may establish limitations on medical
marijuana production through one or more of the following methods:
(A) Placing or modifying a limit on the number of licenses that it issues, by
class or overall, but in placing or modifying the limits, the state licensing authority shall consider the reasonable availability of new licenses after a limit is established or modified;
(B) Placing or modifying a limit on the amount of production permitted by a
medical marijuana cultivation facility license or class of licenses based upon some reasonable metric or set of metrics, including but not limited to those items detailed in subsection (5)(a) of this section, previous months' sales, pending sales, or other reasonable metrics as determined by the state licensing authority; and
(C) Placing or modifying a limit on the total amount of production by medical
marijuana cultivation facility licensees in the state collectively, based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (5)(a) of this section, as determined by the state licensing authority.
(II) When considering any such limitations, the state licensing authority shall:
(A) Consider the total current and anticipated demand for medical marijuana
and medical marijuana products in Colorado;
(B) Consider any other relevant factors; and
(C) Attempt to minimize the market for unlawful marijuana; and
(c) The state licensing authority may adopt rules that limit the amount of
medical marijuana inventory that a medical marijuana store may have on hand. If the state licensing authority adopts a limitation, the limitation must be commercially reasonable and consider factors including a medical marijuana store's sales history and the number of patients who are registered at a medical marijuana store as their primary store.
(6) Statewide class system cultivation facility rules - retail marijuana. (a)
The state licensing authority shall create a statewide licensure class system for retail marijuana cultivation facility licenses. The classifications may be based upon square footage of the facility; lights, lumens, or wattage; lit canopy; the number of cultivating plants; other reasonable metrics; or any combination thereof. The state licensing authority shall create a fee structure for the licensure class system.
(b) The state licensing authority may establish limitations on retail marijuana
production through one or more of the following methods:
(I) Placing or modifying a limit on the number of licenses that it issues, by
class or overall, but in placing or modifying the limits, the authority shall consider the reasonable availability of new licenses after a limit is established or modified;
(II) Placing or modifying a limit on the amount of production permitted by a
retail marijuana cultivation facility license or class of licenses based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (6)(a) of this section, previous months' sales, pending sales, or other reasonable metrics as determined by the state licensing authority; and
(III) Placing or modifying a limit on the total amount of production by retail
marijuana cultivation facility licensees in the state collectively, based upon some reasonable metric or set of metrics including but not limited to those items detailed in subsection (6)(a) of this section, as determined by the state licensing authority.
(c) Notwithstanding anything contained in this article 10 to the contrary, in
considering any such limitations, the state licensing authority, in addition to any other relevant considerations, shall:
(I) Consider the total current and anticipated demand for retail marijuana
and retail marijuana products in Colorado; and
(II) Attempt to minimize the market for unlawful marijuana.
(7) The state licensing authority may deny, suspend, revoke, fine, or impose
other sanctions against a person's license issued pursuant to this article 10 if the state licensing authority finds the person or the person's controlling beneficial owner, passive beneficial owner, or indirect financial interest holder failed to timely file any report, disclosure, registration statement, or other submission required by any state or federal regulatory authority that is related to the conduct of their business.
(8) The state licensing authority shall treat a metered-dose inhaler the same
as a vaporized delivery device for purposes of regulation and testing.
(9) (a) The state licensing authority may, by rule, establish procedures for the
conditional issuance of an employee license identification card at the time of application.
(b) [Editor's note: This version of subsection (9)(b) is effective until January
5, 2026.]
(I) The state licensing authority shall base its issuance of an employee license identification card pursuant to this subsection (9) on the results of an initial investigation that demonstrate the applicant is qualified to hold such license. The employee license application for which an employee license identification card was issued pursuant to this subsection (9) remains subject to denial pending the complete results of the applicant's initial fingerprint-based criminal history record check.
(II) Results of a fingerprint-based criminal history record check that
demonstrate that an applicant possessing an employee license identification card pursuant to this subsection (9) is not qualified to hold a license issued under this article 10 are grounds for denial of the employee license application. If the employee license application is denied, the applicant shall return the employee license identification card to the state licensing authority within a time period that the state licensing authority establishes by rule.
(b) [Editor's note: This version of subsection (9)(b) is effective January 5,
2026.]
(I) The state licensing authority shall base its issuance of an employee license pursuant to this subsection (9) on the results of an initial investigation that demonstrate the applicant is qualified to hold such license. The employee license application for which an employee license was issued pursuant to this subsection (9) remains subject to denial pending the complete results of the applicant's initial name-based judicial record check.
(II) Results of a name-based judicial record check that demonstrate that an
applicant possessing an employee license pursuant to this subsection (9) is not qualified to hold a license issued under this article 10 are grounds for denial of the employee license application. If the employee license application is denied, the applicant shall return the employee license and identification card to the state licensing authority within a time period that the state licensing authority establishes by rule.
(10) [Editor's note: Subsection (10) is effective January 5, 2026.]
(a) The state licensing authority shall adopt rules to enable a licensee to conduct research and development using R-and-D units when evaluating different flavors and nonmarijuana ingredients.
(b) Adding flavors or nonmarijuana ingredients is not considered an
additional batch and does not require additional testing if the licensee possesses analysis or documentation evidencing the safety profile of the flavors or nonmarijuana ingredients.
(c) A licensee shall not transfer R-and-D units to a regulated marijuana store.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p.
2843, � 5, effective January 1, 2020; (2)(ff) and (2)(gg) added, (HB 19-1230), ch. 340, p. 3118, � 14, effective January 1, 2020. L. 2020: (1)(i), (1)(j), and (2)(aa) amended and (1)(k) added, (HB 20-1424), ch. 184, p. 843, � 3, effective September 14. L. 2021: (2)(dd)(IX), (2)(ff)(VII), and (3)(a)(V) amended and (2)(hh), (2)(ii), (3)(a)(VII), and (3)(a)(VIII) added, (HB 21-1317), ch. 313, p. 1916, � 7, effective June 24; (1)(j) amended and (1)(j.5) and (9) added, (HB 21-1301), ch. 304, p. 1826, � 5, effective September 7; (2)(q) amended, (HB 21-1178), ch. 130, p. 524, � 3, effective September 7. L. 2022: (2)(jj) added, (HB 22-1037), ch. 78, p. 391, � 2, effective August 10; (2)(dd)(II) amended, (HB 22-1222), ch. 111, p. 506, � 2, effective January 1, 2023. L.
C.R.S. § 44-10-401
44-10-401. Classes of licenses. (1) For the purpose of regulating the cultivation, manufacture, distribution, hospitality, and sale of regulated marijuana and regulated marijuana products, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license from any of the classes listed in subsection (2) of this section, subject to the provisions and restrictions provided by this article 10.
(2) (a) The following are medical marijuana licenses:
(I) Medical marijuana store license;
(II) Medical marijuana cultivation facility license;
(III) Medical marijuana products manufacturer license;
(IV) Medical marijuana testing facility license;
(V) Medical marijuana transporter license;
(VI) Medical marijuana business operator license; and
(VII) Marijuana research and development license.
(b) The following are retail marijuana licenses:
(I) Retail marijuana store license;
(II) Retail marijuana cultivation facility license;
(III) Retail marijuana products manufacturer license;
(IV) Retail marijuana testing facility license;
(V) Retail marijuana transporter license;
(VI) Retail marijuana business operator license;
(VII) Accelerator cultivator license;
(VIII) Accelerator manufacturer license;
(IX) Marijuana hospitality business license;
(X) Retail marijuana hospitality and sales business license; and
(XI) Accelerator store license.
(c) The following are regulated marijuana licenses or registrations:
Occupational licenses and registrations for owners, managers, operators, employees, contractors, and other support staff employed by, working in, or having access to restricted areas of the licensed premises, as determined by the state licensing authority. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 10 as it may with respect to a license pursuant to this article 10, in accordance with the procedures established pursuant to this article 10.
(3) (a) [Editor's note: This version of subsection (3)(a) is effective until
January 5, 2026.] Prior to accepting a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person to take possession of, operate, manage, or control a licensed medical marijuana business, the proposed appointee shall certify to the court that the proposed appointee is not prohibited from being issued a medical marijuana license pursuant to section 44-10-307 (1). Within the time frame established by rules promulgated by the state licensing authority pursuant to section 44-10-203 (2)(q), an appointee shall notify the state and local licensing authorities of the appointment and shall apply to the state licensing authority for a finding of suitability.
(3) (a) [Editor's note: This version of subsection (3)(a) is effective January 5,
2026.] Prior to accepting a court appointment as a receiver, personal representative, executor, administrator, guardian, conservator, trustee, or any other similarly situated person to take possession of, operate, manage, or control a licensed medical marijuana business or retail marijuana business, the proposed appointee shall certify to the court that the proposed appointee is not prohibited from being issued, pursuant to section 44-10-307 (1), a medical marijuana license or retail marijuana license. Within the time frame established by rules adopted by the state licensing authority pursuant to section 44-10-203 (2)(q), an appointee shall notify the state and local licensing authorities of the appointment and shall apply to the state licensing authority for a finding of suitability.
(b) [Editor's note: This version of subsection (3)(b) is effective until January
5, 2026.] Upon notification of an appointment required by subsection (3)(a) of this section, the state licensing authority shall issue a temporary appointee registration to the appointee effective as of the date of the appointment. Pursuant to sections 24-4-104, 44-10-202 (1)(b), and 44-10-901, the appointee's temporary appointee registration may be suspended, revoked, or subject to other sanction if the state licensing authority finds the appointee to be unsuitable or if the appointee fails to comply with this article 10, the rules promulgated pursuant thereto, or any order of the state licensing authority. If an appointee's temporary appointee registration is suspended or revoked, the appointee shall immediately cease performing all activities for which a license is required by this article 10. For purposes of section 44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana business.
(b) [Editor's note: This version of subsection (3)(b) is effective January 5,
2026.] Upon notification of an appointment required by subsection (3)(a) of this section, the state licensing authority shall issue a temporary appointee registration to the appointee effective as of the date of the appointment. Pursuant to sections 24-4-104, 44-10-202 (1)(b), and 44-10-901, the appointee's temporary appointee registration may be suspended, revoked, or subject to other sanction if the state licensing authority finds the appointee to be unsuitable or if the appointee fails to comply with this article 10, the rules adopted under this article 10, or any order of the state licensing authority. If an appointee's temporary appointee registration is suspended or revoked, the appointee shall immediately cease performing all activities for which a license is required by this article 10. For purposes of section 44-10-901 (1), the appointee is deemed an agent of the licensed medical marijuana business or retail marijuana business.
(c) The appointee shall inform the court of any action taken against the
temporary appointee registration by the state licensing authority pursuant to section 24-4-104 or 44-10-901 within two business days of any such action.
(d) [Editor's note: This version of subsection (3)(d) is effective until January
5, 2026.] Unless otherwise permitted by this article 10 and rules promulgated pursuant to this article 10, a person shall not take possession of, operate, manage, or control a medical marijuana business on behalf of another except by court appointment and in accordance with this subsection (3) and rules promulgated pursuant thereto.
(d) [Editor's note: This version of subsection (3)(d) is effective January 5,
2026.] Unless otherwise permitted by this article 10 and rules adopted under this article 10, a person shall not take possession of, operate, manage, or control a medical marijuana business or retail marijuana business on behalf of another except by court appointment and in accordance with this subsection (3) and rules adopted under this subsection (3).
(4) All persons licensed pursuant to this article 10 shall collect sales tax on
all sales made pursuant to the licensing activities.
(5) A state chartered bank or a credit union may loan money to any person
licensed pursuant to this article 10 for the operation of a licensed medical or retail marijuana business.
(6) For a person applying to be a social equity licensee, the state licensing
authority shall not deny an application on the sole basis of the prior marijuana conviction of the applicant and at its discretion may waive other requirements.
(7) A person may not operate a license issued pursuant to this article 10 at
the same location as a license or permit issued pursuant to article 3, 4, or 5 of this title 44.
Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p.
2879, � 5, effective January 1, 2020; (1) and (2)(b)(VII) amended and (2)(b)(IX), (2)(b)(X), and (7) added, (HB 19-1230), ch. 340, p. 3120, � 16, effective January 1, 2020. L. 2020: (2)(b)(VII), (2)(b)(VIII), (2)(b)(IX), (2)(b)(X), and (6) amended and (2)(b)(XI) added, (HB 20-1424), ch. 184, p. 845, � 6, effective September 14; (2)(c) amended, (HB 20-1080), ch. 81, p. 329, � 2, effective September 14; (5) amended, (HB 20-1217), ch. 93, p. 370, � 5, effective September 14. L. 2021: (1) and (2)(c) amended, (HB 21-1178), ch. 130, p. 525, � 6, effective September 7. L. 2025: (3)(a), (3)(b), and (3)(d) amended, (HB 25-1209), ch. 398, pp. 2244, � 7, effective January 5, 2026.
Editor's note: (1) This section is similar to former �� 44-11-401 and 44-12-401
as they existed prior to 2020.
(2) Section 21(1) of chapter 398 (HB 25-1209), Session Laws of Colorado
2025, provides that the act changing this section applies to conduct occurring on or after January 5, 2026.
PART 5
MEDICAL MARIJUANA LICENSE TYPES
C.R.S. § 44-20-102
44-20-102. Definitions. As used in this part 1, and in part 4 of this article 20, unless the context or section 44-20-402 otherwise requires:
(1) Advertise or advertisement means any commercial message in any
newspaper, magazine, leaflet, flyer, or catalog, on radio, television, or a public address system, in direct mail literature or other printed material, on any interior or exterior sign or display, in any window display, on a computer display, or in any point-of-transaction literature or price tag that is delivered or made available to a customer or prospective customer in any manner; except that the term does not include materials required to be displayed by federal or state law.
(2) Board means the motor vehicle dealer board.
(3) Business incidental thereto means a business owned by the motor
vehicle dealer or used motor vehicle dealer related to the sale of motor vehicles, including motor vehicle part sales, motor vehicle repair, motor vehicle recycling, motor vehicle security interest assignment, and motor vehicle towing.
(4) (a) Buyer agent means any person required to be licensed pursuant to
this part 1 who is retained or hired by a consumer for a fee or other thing of value to assist, represent, or act on behalf of the consumer in connection with the purchase or lease of a motor vehicle.
(b) (I) Buyer agent does not include a person whose business includes the
purchase of motor vehicles primarily for resale or lease; except that nothing in this subsection (4) prohibits a buyer agent from assisting a consumer regarding the disposal of a trade-in motor vehicle that is incident to the purchase or lease of a vehicle if the buyer agent does not advertise the sale of, or sell, the vehicle to the general public, directs interested dealers and wholesalers to communicate their offers directly to the consumer or to the consumer via the buyer agent, does not handle or transfer titles or funds between the consumer and the purchaser, receives no compensation from a dealer or wholesaler purchasing a consumer's vehicle, and identifies himself or herself as a buyer agent to dealers and wholesalers interested in the consumer's vehicle.
(II) A buyer agent licensed under this part 1 shall not be employed by or
receive a fee from a person whose business includes the purchase of motor vehicles primarily for resale or lease, a motor vehicle manufacturer, a motor vehicle dealer, or a used motor vehicle dealer.
(5) Coerce means to compel or attempt to compel by threatening,
retaliating, or exerting economic force or by not performing or complying with any terms or provisions of the franchise or agreement; except that recommendation, exposition, persuasion, urging, or argument do not constitute coercion.
(6) Consumer means a purchaser or lessee of a motor vehicle used for
business, personal, family, or household purposes. Consumer does not include a purchaser of motor vehicles primarily for resale.
(7) (a) Custom trailer means any motor vehicle that is not driven or
propelled by its own power and is designed to be attached to, become a part of, or be drawn by a motor vehicle and that is uniquely designed and manufactured for a specific purpose or customer.
(b) Custom trailer does not include manufactured housing, farm tractors,
and other machines and tools used in the production, harvest, and care of farm products.
(8) Director means the director of the auto industry division created in
section 44-20-105.
(9) Distributor means a person, resident or nonresident, who, in whole or in
part, sells or distributes new motor vehicles to motor vehicle dealers or who maintains distributor representatives.
(10) Fire truck means a vehicle intended for use in the extermination of
fires, with features that may include a fire pump, a water tank, an aerial ladder, an elevated platform, or any combination thereof.
(11) Franchise means the authority to sell or service and repair motor
vehicles of a designated line-make granted through a sales, service, and parts agreement with a manufacturer, distributor, or manufacturer representative.
(12) Good faith means the duty of each party to any franchise and all
officers, employees, or agents thereof to act in a fair and equitable manner toward each other so as to guarantee the one party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party. Recommendation, endorsement, exposition, persuasion, urging, or argument shall not be deemed to constitute a lack of good faith.
(12.5) [Editor's note: Subsection (12.5) is effective July 1, 2027. For the
applicability of this subsection (12.5) on or after January 1, 2028, see the editor's note following this section.] Kei road vehicle means a kei vehicle as defined in section 42-1-102 (45.3).
(13) Line-make means a group or series of motor vehicles that have the
same brand identification or brand name, based upon the manufacturer's trademark, trade name, or logo.
(14) Manufacturer means any person, firm, association, corporation, or
trust, resident or nonresident, who manufactures or assembles new and unused motor vehicles; except that manufacturer does not include:
(a) A person who only manufactures utility trailers that weigh less than two
thousand pounds and does not manufacture any other type of motor vehicle; and
(b) A person, other than a manufacturer operating a motor vehicle dealer in
accordance with section 44-20-126, who is a licensed dealer selling motor vehicles that the person has manufactured.
(15) Manufacturer representative means a representative employed by a
person who manufactures or assembles motor vehicles for the purpose of making or promoting the sale of its motor vehicles or for supervising or contacting its dealers or prospective dealers.
(16) [Editor's note: This version of subsection (16) is effective until July 1,
2027.] Motor vehicle means every vehicle intended primarily for use on the public highways that is self-propelled and every vehicle intended primarily for operation on the public highways that is not self-propelled but is designed to be attached to, become a part of, or be drawn by a self-propelled vehicle, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products. Motor vehicle includes a low-power scooter or autocycle as either is defined in section 42-1-102.
(16) [Editor's note: This version of subsection (16) is effective July 1, 2027.
For the applicability of this subsection (16) on or after January 1, 2028, see the editor's note following this section.] Motor vehicle means every vehicle intended primarily for use on the public highways that is self-propelled and every vehicle intended primarily for operation on the public highways that is not self-propelled but is designed to be attached to, become a part of, or be drawn by a self-propelled vehicle, not including farm tractors and other machines and tools used in the production, harvesting, and care of farm products. Motor vehicle includes a kei road vehicle or a low-power scooter or autocycle as either is defined in section 42-1-102.
(17) Motor vehicle auctioneer means any person, not otherwise required to
be licensed pursuant to this part 1, who is engaged in the business of offering to sell, or selling, used motor vehicles owned by persons other than the auctioneer at public auction only. Any auctioning of motor vehicles by an auctioneer must be incidental to the primary business of auctioning goods.
(18) Motor vehicle dealer means a person who, for commission or with
intent to make a profit or gain of money or other thing of value, sells, leases, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale, lease, or exchange of an interest in new or new and used motor vehicles or who is engaged wholly or in part in the business of selling or leasing new or new and used motor vehicles, whether or not the motor vehicles are owned by the person. The sale or lease of three or more new or new and used motor vehicles or the offering for sale or lease of more than three new or new and used motor vehicles at the same address or telephone number in any one calendar year is prima facie evidence that a person is engaged in the business of selling or leasing new or new and used motor vehicles. Motor vehicle dealer includes an owner of real property who allows more than three new or new and used motor vehicles to be offered for sale or lease on the property during one calendar year unless the property is leased to a licensed motor vehicle dealer. Motor vehicle dealer does not include:
(a) Receivers, trustees, administrators, executors, guardians, or other
persons appointed by or acting under the judgment or order of any court;
(b) Public officers while performing their official duties;
(c) Employees of a motor vehicle dealer when engaged in the specific
performance of their duties as employees;
(d) A wholesaler or anyone selling motor vehicles solely to wholesalers;
(e) Any person engaged in the selling of a fire truck; or
(f) A motor vehicle auctioneer.
(19) Motor vehicle salesperson means a natural person who, for a salary,
commission, or compensation of any kind, is employed either directly or indirectly, regularly or occasionally, by a motor vehicle dealer or used motor vehicle dealer to sell, lease, purchase, or exchange or to negotiate for the sale, lease, purchase, or exchange of motor vehicles.
(20) New motor vehicle means a motor vehicle that has been transferred
on a manufacturer's statement of origin and that has sufficiently low mileage to be considered new, as determined by the board.
(21) Person means any natural person, estate, trust, limited liability
company, partnership, association, corporation, or other legal entity, including a registered limited liability partnership.
(22) Principal place of business means a site or location devoted
exclusively to the business for which the motor vehicle dealer or used motor vehicle dealer is licensed, and businesses incidental thereto, sufficiently designated to admit of definite description, with adequate contiguous space to permit the display of one or more new or used motor vehicles, with a permanent enclosed building or structure large enough to accommodate the office of the dealer and to provide a safe place to keep the books and other records of the business of the dealer, at which site or location the principal portion of the dealer's business shall be conducted and the books and records thereof kept and maintained; except that a dealer may keep its books and records at an off-site location in Colorado after notifying the board in writing of the location at least thirty days in advance.
(23) Recreational vehicle means a camping trailer, fifth wheel trailer, motor
home, recreational park trailer, travel trailer, or truck camper, all as defined in section 24-32-902, or multipurpose trailer, as defined in section 42-1-102.
(24) Sales, service, and parts agreement means an agreement between a
manufacturer, distributor, or manufacturer representative and a motor vehicle or powersports dealer authorizing the dealer to sell and service a line-make of motor or powersports vehicles or imposing any duty on the dealer in consideration for the right to have or competitively operate a franchise, including any amendments or additional related agreements thereto. Each amendment, modification, or addendum that materially affects the rights, responsibilities, or obligations of the contracting parties creates a new sales, service, and parts agreement.
(25) Site control provision means an agreement that applies to real
property owned or leased by a franchisee and that gives a motor vehicle or powersports vehicle manufacturer, distributor, or manufacturer representative the right to:
(a) Control the use and development of the real property;
(b) Require the franchisee to establish or maintain an exclusive dealership
facility at the real property; or
(c) Restrict the franchisee from transferring, selling, leasing, developing, or
changing the use of the real property.
(26) Used motor vehicle dealer means a person who, for commission or
with intent to make a profit or gain of money or other thing of value, sells, exchanges, leases, or offers an interest in used motor vehicles, or attempts to negotiate a sale, exchange, or lease of used motor vehicles, or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not the motor vehicles are owned by the person. The sale of three or more used motor vehicles or the offering for sale of more than three used motor vehicles at the same address or telephone number in any one calendar year is prima facie evidence that a person is engaged in the business of selling used motor vehicles. Used motor vehicle dealer includes an owner of real property who allows more than three used motor vehicles to be offered for sale on the property during one calendar year unless the property is leased to a licensed used motor vehicle dealer. Used motor vehicle dealer does not include:
(a) Receivers, trustees, administrators, executors, guardians, or other
persons appointed by or acting under the judgment or order of any court;
(b) Public officers while performing their official duties;
(c) Employees of a used motor vehicle dealer when engaged in the specific
performance of their duties as employees;
(d) A wholesaler or anyone selling motor vehicles solely to wholesalers;
(e) Mortgagees or secured parties as to sales in any one year of not more
than twelve motor vehicles constituting collateral on a mortgage or security agreement, if the mortgagees or secured parties do not realize for their own account any money in excess of the outstanding balance secured by the mortgage or security agreement, plus costs of collection;
(f) A person who only sells or exchanges no more than four motor vehicles
that are collector's items under part 3 or 4 of article 12 of title 42;
(g) A motor vehicle auctioneer; or
(h) An operator, as defined in section 42-4-2102 (5), who sells a motor
vehicle pursuant to section 42-4-2104.
(27) Wholesale motor vehicle auction dealer means a person or firm that
provides auction services in wholesale transactions in which the purchasers are motor vehicle dealers licensed by this state or any other jurisdiction or in consumer transactions of government vehicles at a time and place that does not conflict with a wholesale motor vehicle auction conducted by that licensee.
(28) Wholesaler means a person who, for commission or with intent to
make a profit or gain of money or other thing of value, sells, exchanges, or offers or attempts to negotiate a sale, lease, or exchange of an interest in new or new and used motor vehicles solely to motor vehicle dealers or used motor vehicle dealers.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p.
42, � 2, effective October 1. L. 2025: (12.5) added and (16) amended, (HB 25-1281), ch. 176, p. 739, � 9, effective July 1, 2027.
Editor's note: (1) This section is similar to former � 12-6-102 as it existed prior
to 2018.
(2) Section 13(2) of chapter 176 (HB 25-1281), Session Laws of Colorado
2025, provides that the act changing this section applies to applications submitted or offenses committed on or after January 1, 2028.
C.R.S. § 44-20-118
44-20-118. Application - prelicensing education - fingerprint-based criminal history record check - rules. (1) Application for a motor vehicle dealer's, motor vehicle salesperson's, used motor vehicle dealer's, wholesale motor vehicle auction dealer's, wholesaler's, or business disposal license must be made to the board.
(2) Application for distributor's, manufacturer representative's,
manufacturer's, or buyer agent's licenses must be made to the executive director.
(3) All fees for licenses shall be paid at the time of the filing of the
application for the license.
(4) To be licensed as a motor vehicle dealer, a person must file with the
board a certified copy of a certificate of appointment as a dealer from a manufacturer.
(5) (a) Each person applying for a manufacturer's or distributor's license
must:
(I) File with the director a certified copy of a typical sales, service, and parts
agreement with all motor vehicle dealers; and
(II) File evidence of the appointment of an agent for process in the state of
Colorado.
(b) Within sixty days after amending, modifying, or adding an addendum to
the sales, service, or parts agreement of more than one motor vehicle dealer, a licensed manufacturer or distributor shall file a certified copy of the new sales, service, and parts agreement, including the changes, with the director if the amendment, modification, or addendum materially alters the rights and obligations of the contracting parties.
(6) All persons applying for a motor vehicle dealer's license, a used motor
vehicle dealer's license, a wholesaler's license, a motor vehicle auctioneer's license, a motor vehicle salesperson's license, or a business disposal license must file with the board a good and sufficient instrument in writing in which the applicant appoints the secretary of the board as the true and lawful agent of the applicant upon whom all process may be served in any action commenced against the applicant arising out of any claim for damages suffered by a person by reason of a violation by the applicant of this part 1 or any condition of the applicant's bond.
(7) (a) A person applying for a used motor vehicle dealer's license, a
wholesale motor vehicle auction dealer's license, or a wholesaler's license shall file with the board a certification that the applicant has met the educational requirements for licensure under this subsection (7). This subsection (7) shall not apply to a person who has held a license within the last three years as a motor vehicle dealer, used motor vehicle dealer, wholesaler, wholesale motor vehicle auction dealer, powersports vehicle dealer, or used powersports vehicle dealer under this part 1 or part 4 of this article 20.
(b) An applicant for a used motor vehicle dealer's license, a wholesale motor
vehicle auction dealer's license, or a wholesaler's license shall not be licensed unless one of the following persons has completed an eight-hour prelicensing education program:
(I) The managing officer if the applicant is a corporation or limited liability
company;
(II) All of the general partners if the applicant is any form of partnership; or
(III) The owner or managing officer if the applicant is a sole proprietorship.
(c) The prelicensing education program shall include, without limitation,
state and federal statutes and rules governing the sale of motor vehicles.
(d) A prelicensing education program shall not fulfill the requirements of this
section unless approved by the board. The board shall approve any program with a curriculum that reasonably covers the material required by this section within eight hours.
(e) The board may adopt rules establishing reasonable fees to be charged
for the prelicensing education program.
(f) The board may adopt reasonable rules to implement this section,
including, without limitation, rules that govern:
(I) The content and subject matter of education;
(II) The criteria, standards, and procedures for the approval of courses and
course instructors;
(III) The training facility requirements; and
(IV) The methods of instruction.
(g) An approved prelicensing program provider shall issue a certificate to a
person who successfully completes the approved prelicensing education program. The current certificate of completion, or a copy of the certificate, shall be posted conspicuously at the dealership's principal place of business.
(h) An approved prelicensing program provider shall submit a certificate to
the director for each person who successfully completes the prelicensing education program. The certificate may be transmitted electronically.
(8) (a) With the submission of an application for a license issued under this
part 1, each applicant shall submit a complete set of fingerprints to the Colorado bureau of investigation or the auto industry division for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The auto industry division shall use the information resulting from the fingerprint-based criminal history record check to investigate an applicant. The auto industry division may verify the information an applicant is required to submit. The applicant must pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.
(a.5) When the results of a fingerprint-based criminal history record check of
an applicant performed pursuant to this subsection (8) reveal a record of arrest without a disposition, the department shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(b) This subsection (8) does not apply to a publicly traded company or the
company's subsidiary.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p.
60, � 2, effective October 1. L. 2019: (8)(a.5) added, (HB 19-1166), ch. 125, p. 563, � 62, effective April 18; (1) and (6) amended, (SB 19-249), ch. 309, p. 2803, � 5, effective August 2. L. 2022: (8)(a.5) amended, (HB 22-1270), ch. 114, p. 535, � 58, effective April 21. L. 2025: (2) and (8)(a) amended, (SB 25-146), ch. 342, p. 1860, �� 15, 16, effective June 2.
Editor's note: This section is similar to former � 12-6-115 as it existed prior to
2018.
C.R.S. § 44-20-417
44-20-417. Application - fingerprint-based criminal history record check - rules. (1) An application for a wholesaler's license, powersports vehicle dealer's license, used powersports vehicle dealer's license, or powersports vehicle salesperson's license shall be submitted to the board.
(2) An application for a powersports vehicle distributor, powersports vehicle
manufacturer representative, or powersports vehicle manufacturer license shall be submitted to the director.
(3) Fees for licenses shall be paid at the time of the filing of the application
for a license.
(4) Persons applying for a powersports vehicle dealer's license shall file with
the board a certified copy of a certificate of appointment as a powersports vehicle dealer from a powersports vehicle manufacturer.
(5) (a) A person applying for a powersports vehicle manufacturer's or
distributor's license must:
(I) File with the director a certified copy of a typical sales, service, and parts
agreement with all powersports vehicle dealers; and
(II) File evidence of the appointment of an agent for process in the state of
Colorado.
(b) Within sixty days after amending or modifying or adding an addendum to
the sales, service, or parts agreement of more than one powersports dealer, a licensed manufacturer or distributor shall file a certified copy of the new sales, service, and parts agreement, including the changes, with the director if the amendment, modification, or addendum materially alters the rights and obligations of the contracting parties.
(6) Persons applying for a wholesaler's, powersports vehicle dealer's, used
powersports vehicle dealer's, or a powersports vehicle salesperson's license shall file with the board a written instrument in which the applicant shall appoint the secretary of the board as the agent of the applicant upon whom all process may be served in any action against the applicant arising out of a claim for damages suffered by a violation of this part 4, rules promulgated under this part 4, or any condition of the applicant's bond.
(7) (a) A person applying for a wholesaler's license or used powersports
vehicle dealer's license shall file with the board a certification that the applicant has met the educational requirements for licensure under this subsection (7), unless the applicant is licensed as a motor vehicle dealer or a used motor vehicle dealer. This subsection (7) shall not apply to a person who has held a license, within the last three years, as a motor vehicle dealer, used motor vehicle dealer, wholesaler, wholesale motor vehicle auction dealer, powersports vehicle dealer, or used powersports vehicle dealer under this part 4 or part 1 of this article 20.
(b) An applicant for a wholesaler's license or used powersports vehicle
dealer's license shall not be licensed unless one of the following persons has completed an eight-hour prelicensing education program:
(I) The managing officer if the applicant is a corporation or limited liability
company;
(II) All of the general partners if the applicant is any form of partnership; or
(III) The owner or managing officer if the applicant is a sole proprietorship.
(c) The prelicensing education program shall include, without limitation,
state and federal statutes and rules governing the sale of powersports vehicles.
(d) A prelicensing education program shall not fulfill the requirements of this
section unless approved by the board. The board shall approve any program with a curriculum that reasonably covers the material required by this section within eight hours.
(e) The board may adopt rules establishing reasonable fees to be charged
for the prelicensing education program.
(f) The board may adopt reasonable rules to implement this section,
including, without limitation, rules that govern:
(I) The content and subject matter of education;
(II) The criteria, standards, and procedures for the approval of courses and
course instructors;
(III) The training facility requirements; and
(IV) The methods of instruction.
(g) An approved prelicensing program provider shall issue a certificate to a
person who successfully completes the approved prelicensing education program. The current certificate of completion, or a copy of the certificate, shall be posted conspicuously at the dealership's principal place of business.
(h) An approved prelicensing program provider shall submit a certificate to
the director for each person who successfully completes the prelicensing education program. The certificate may be transmitted electronically.
(8) (a) With the submission of an application for a license issued under this
part 4, each applicant shall submit a complete set of fingerprints to the Colorado bureau of investigation or the auto industry division for the purpose of conducting fingerprint-based criminal history record checks. The Colorado bureau of investigation shall forward the fingerprints to the federal bureau of investigation for the purpose of conducting fingerprint-based criminal history record checks. The auto industry division shall use the information resulting from the fingerprint-based criminal history record check to investigate an applicant. The auto industry division may verify the information an applicant is required to submit. The applicant must pay the costs associated with the fingerprint-based criminal history record check to the Colorado bureau of investigation.
(a.5) When the results of a fingerprint-based criminal history record check of
an applicant performed pursuant to this subsection (8) reveal a record of arrest without a disposition, the department shall require that applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(b) This subsection (8) does not apply to a publicly traded company or the
company's subsidiary.
Source: L. 2018: Entire article added with relocations, (SB 18-030), ch. 7, p.
110, � 2, effective October 1. L. 2019: (8)(a.5) added, (HB 19-1166), ch. 125, p. 563, � 63, effective April 18. L. 2022: (8)(a.5) amended, (HB 22-1270), ch. 114, p. 535, � 59, effective April 21. L. 2025: (8)(a) amended, (SB 25-146), ch. 342, p. 1861, � 17, effective June 2.
Editor's note: This section is similar to former � 12-6-517 as it existed prior to
2018.
C.R.S. § 44-30-1503
44-30-1503. Licenses - rules. (1) (a) The commission shall issue, deny, suspend, revoke, and renew sports betting licenses pursuant to subsection (3) of this section and rules adopted by the commission and may assess fines and penalties for violations of this part 15. The commission's licensing rules must include requirements relating to the financial responsibility of the licensee, the licensee's source of revenue for its sports betting operations, the character of the licensee, the trustworthy operation of the sports betting activity sought to be licensed, and other matters necessary to protect the public interest and trust in sports betting. Suspension is limited to circumstances in which the licensee's actions appear contrary to the public interest or tend to undermine public trust in the integrity of sports betting.
(b) The commission's rules must require that licenses be prominently
displayed in areas visible to the public.
(2) (a) A license shall be revoked upon a finding that the licensee has:
(I) Provided misleading information to the division or commission;
(II) Been convicted of a felony or any gambling-related offense;
(III) Become a person whose character is no longer consistent with the
protection of the public interest and trust in sports betting; or
(IV) Except as required by section 44-30-1516, intentionally refused to pay
cash winnings in the licensee's possession to a person entitled to receive the cash winnings under this part 15.
(b) A license may be suspended, revoked, or not renewed for any of the
following causes:
(I) A delinquency in remitting money rightfully owed to players, contractors,
or others involved in sports betting;
(II) Failure to ensure the trustworthy operation of sports betting; or
(III) Any intentional violation of this part 15 or any rule adopted pursuant to
this part 15.
(3) Licensees may include individuals, firms, associations, or corporations,
whether for profit or nonprofit, but the following are ineligible for a license under this part 15:
(a) A person who has been convicted of a gambling-related offense,
notwithstanding section 24-5-101;
(b) A person who is or has been a professional gambler or gambling
promoter;
(c) A person who has engaged in bookmaking or any other form of illegal
gambling, including any sports betting operation whose wagering activities did not result in prosecution but that the commission finds violated state or federal law;
(d) A person who is not of good character and reputation, notwithstanding
section 24-5-101;
(e) A person who has been convicted of a crime involving misrepresentation,
notwithstanding section 24-5-101;
(f) A firm or corporation in which a person described in subsections (3)(b) to
(3)(e) of this section has a proprietary, equitable, or credit interest of ten percent or more;
(g) An organization in which a person described in subsections (3)(b) to (3)(e)
of this section is an officer, director, or managing agent, whether compensated or not; or
(h) An organization in which a person described in subsections (3)(b) to (3)(e)
of this section is to participate in the management or promotion of sports betting.
(4) In addition to the persons specified in subsection (3) of this section as
ineligible for a license, the commission may determine the following to be ineligible for a license under this part 15:
(a) A person who has been convicted of a felony or a crime involving fraud,
notwithstanding section 24-5-101;
(b) A firm or corporation in which a person described in subsection (4)(a) of
this section has a proprietary, equitable, or credit interest of ten percent or more;
(c) An organization in which a person described in subsection (4)(a) of this
section is an officer, director, or managing agent, whether compensated or not; or
(d) An organization in which a person described in subsection (4)(a) of this
section is to participate in the management or promotion of sports betting.
(5) Repealed.
Source: L. 2019: Entire part added, (HB 19-1327), ch. 347, p. 3218, � 12,
effective August 2. L. 2022: (2)(a)(IV) amended, (HB 22-1412), ch. 405, p. 2876, � 10, effective July 1, 2023. L. 2024: (5) repealed, (HB 24-1450), ch. 490, p. 3431, � 97, effective August 7.
C.R.S. § 44-30-1507
44-30-1507. Records - confidentiality - exceptions. (1) Except as specified in subsections (2) and (3) of this section, information and records of the commission enumerated by this section are confidential and may not be disclosed except pursuant to a court order. No person may by subpoena or statutory authority obtain such information or records. Information and records considered confidential include:
(a) Tax returns of individual licensees;
(b) Credit reports and security reports and procedures of applicants and
other persons seeking to do business or doing business with the commission;
(c) Audit work papers, worksheets, and auditing procedures used by the
commission, its agents, or employees; and
(d) Investigative reports concerning violations of law or concerning the
backgrounds of licensees, applicants, or other persons prepared by division investigators or investigators from other agencies working with the commission and any work papers related to the reports; except that the commission may, in its sole discretion, disclose so much of the reports or work papers as it deems necessary and prudent.
(2) Subsection (1) of this section does not apply to requests for information
or records described in subsection (1) of this section from the governor, attorney general, state auditor, any of the respective district attorneys of this state, or any federal or state law enforcement agency, or for the use of the information or records by the executive director, director, or commission for official purposes, or by employees of the division or the department in the performance of their authorized and official duties.
(3) (a) This section does not make confidential the aggregate tax collections
during any reporting period, the names and businesses of licensees, or figures showing the aggregate amount of money bet during any reporting period. The division shall publicly report this information on a monthly basis in statements of net sports betting proceeds and sports betting taxes. Public reporting shall be made electronically and posted on the division's website.
(b) (I) The division shall publicly report monthly and annual net sports betting
proceeds, aggregated on a city-by-city basis for the city of Cripple Creek, the city of Central, and the city of Black Hawk, based on the physical location of master licensees' casinos. The data must also contain subtotals for proceeds derived from on-site and internet sports betting operations, respectively. To the extent partial-year data are available for any reporting period that preceded January 1, 2022, the division shall report any available monthly figures and shall note that annual figures do not reflect activity during the entire reporting period.
(II) If there are fewer than three holders of active and valid sports betting
licenses in any of the cities listed in subsection (3)(b)(I) of this section, then, to protect the licensees' privacy, the division shall aggregate that city's sports betting proceeds with the sports betting proceeds of the city that has the next lowest number of active and valid sports betting licensees.
(III) If the Gilpin county assessor or Teller county assessor uses information
aggregated pursuant to subsection (3)(b)(II) of this section to establish the actual value of a casino, whether sports betting is offered on the premises of the casino or online by the casino or by a contractor, and the use of the aggregated information results in an increase in the actual value of the casino's real property, the county assessor or an authorized agent of the assessor shall:
(A) Present the county assessor's estimate of the increase in the casino's
valuation, based on the aggregated data, to the taxpayer on or before March 1 of each revaluation year;
(B) Consider any information that the taxpayer, in its discretion, chooses to
disclose and provides to the county assessor or authorized agent of the assessor on or before March 15 of the revaluation year tending to show that the value attributed to the casino based on the aggregated data is incorrect;
(C) Treat any such disclosure by the taxpayer as the proprietary and
confidential information of the taxpayer and shall not reveal the information to any other person, notwithstanding any provision of the Colorado Open Records Act, part 2 of article 72 of title 24, or any other law. The confidentiality created by this subsection (3)(b)(III)(C) applies at all times during the real property assessment process, beginning when the information is first provided to the county assessor or authorized agent of the assessor and continuing through county board of equalization proceedings, any protest process, any board of assessment appeal proceedings, and any court proceedings. To the extent this information is the subject of administrative or court proceedings, the discussion of the information shall not be public and shall be restricted to in camera proceedings under seal.
(D) Only use such aggregated information or information provided by the
taxpayer that establishes income actually received by the casino because the casino conducts sports betting on its licensed premises, either directly or by contracting with a licensed sports betting operator; or contracts with a third party so that the third party may conduct a licensed online sports betting operation in conjunction with the casino's master license.
(IV) Nothing in this subsection (3)(b) authorizes the division to produce any
document or information that directly discloses, or would indirectly result in the disclosure of, taxpayer information that is confidential under this article 30 or any other provision of law.
(4) (a) A person who discloses confidential records or information in violation
of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. A criminal prosecution pursuant to this section must be brought within five years after the date the violation occurred.
(b) If a person violating this section is an officer or employee of the state, in
addition to any other penalties or sanctions, the person is subject to dismissal if the procedures in section 24-50-125 are followed.
(c) A person is liable for treble damages to an injured party in a civil action
the subject of which includes the release of confidential records or information, if the person violating this section is a current employee or officer of the state who obtained the confidential records or information specified in subsection (1) of this section during his or her employment.
(d) A former employee or officer is liable for treble damages to an injured
party in a civil action the subject of which includes the release of records or information after leaving state employment if the person violating this section is a former employee or officer of the state who obtained the confidential records or information during his or her employment and the person executed a written statement with the state agreeing to be held to the confidentiality standards expressed in this subsection (4).
Source: L. 2019: Entire part added, (HB 19-1327), ch. 347, p. 3227, � 12,
effective May 1, 2020. L. 2021: (3) amended, (HB 21-1292), ch. 466, p. 3357, � 2, effective January 1, 2022; (4)(a) amended, (SB 21-271), ch. 462, p. 3330, � 797, effective March 1, 2022.
Editor's note: Section 16(2) of chapter 347 (HB 19-1327), Session Laws of
Colorado 2019, provides that this section takes effect May 1, 2020, only if, at the November 2019 statewide election, a majority of voters approve the ballot question submitted pursuant to � 44-30-1514. That ballot question, referred to the registered electors as proposition DD, was approved on November 5, 2019, and was proclaimed by the Governor on December 20, 2019. The vote count for the measure was as follows:
FOR: 800,745
AGAINST: 756,712
Cross references: For the legislative declaration in HB 21-1292, see section 1
of chapter 466, Session Laws of Colorado 2021.
C.R.S. § 44-30-801
44-30-801. Limited gaming equipment manufacturers or distributors, operators, associated equipment suppliers, retailers, key employees, support licensees, persons contracting with the commission or division - criteria. (1) This section applies to the following persons:
(a) All persons licensed pursuant to this article 30;
(b) With respect to privately held corporations licensed pursuant to this
article 30, the officers, directors, and stockholders of the corporations;
(c) With respect to publicly traded corporations licensed pursuant to this
article 30, all officers, directors, and stockholders holding either five percent or greater interest or a controlling interest;
(d) With respect to partnerships licensed pursuant to this article 30, all
general partners and all limited partners;
(e) With respect to any other organization licensed pursuant to this article
30, all those persons connected with the organization having a relationship to it similar to that of an officer, director, or stockholder of a corporation;
(f) All persons contracting with or supplying any goods or service to the
commission or the division;
(g) All persons supplying financing or loaning money to any licensee, when
the financing or loan is connected with the establishment or operation of limited gaming;
(h) All persons having a contract, lease, or other ongoing financial or
business arrangement with any licensee, where the contract, lease, or arrangement relates to limited gaming operations, equipment, devices, or premises.
(2) Each of the persons described in subsection (1) of this section shall be:
(a) A person of good moral character, honesty, and integrity notwithstanding
section 24-5-101;
(b) A person whose prior activities, criminal record, reputation, habits, and
associations do not pose a threat to the public interests of this state or to the control of gaming or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying-on of the business or financial arrangements incidental to the conduct of gaming;
(c) A person who has not served a sentence upon conviction of any felony,
misdemeanor gambling-related offense, misdemeanor theft by deception, or misdemeanor involving fraud or misrepresentation in a correctional facility, city or county jail, or community correctional facility or under the supervision of the state board of parole or any probation department within ten years prior to the date of applying for a license pursuant to this article 30, notwithstanding section 24-5-101;
(d) A person who has not served a sentence upon conviction of any
gambling-related felony, felony involving theft by deception, or felony involving fraud or misrepresentation in a correctional facility, city or county jail, or community correctional facility or under the supervision of the state board of parole or any probation department, notwithstanding section 24-5-101;
(e) A person who has not been found to have seriously or repeatedly violated
this article 30 or any rule promulgated pursuant to this article 30; and has not knowingly made a false statement of material facts to the commission, its legal counsel, or any employee of the division.
Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p.
206, � 2, effective October 1.
Editor's note: This section is similar to former � 12-47.1-801 as it existed prior
to 2018.
C.R.S. § 44-32-501
44-32-501. Regulation of race meets and racing-related businesses - additional facilities - rules. (1) (a) The commission shall license and regulate all race meets with pari-mutuel wagering held in this state at which horses participate, and shall cause the places where the race meets are held to be visited and inspected at least once a year by its members or employees, and shall require all places to be constructed, maintained, and operated in accordance with the laws of this state and the rules of the commission.
(b) The commission shall license and regulate all kennels and stables
housing racing animals both in connection with a race meet and to protect the general health and welfare of horses. The commission shall cause the stables to be visited and inspected at least once a year by its members or employees and shall require all such places to be constructed, maintained, and operated in accordance with the laws of this state and the rules of the commission.
(2) (a) (I) The commission shall, at its own expense, regulate the operations
of pari-mutuel machines and equipment, the operations of all money rooms, accounting rooms, and sellers' and cashiers' windows, and the weighing of jockeys.
(II) The commission shall at its own expense take or cause to be taken saliva,
urine, blood, hair, or other body fluid samples or biopsy or necropsy specimens from horses selected by the commission or its employees at race meets provided for under this article 32 or when concerns are raised as to a particular animal, including the winner of a race, and shall test and determine the samples or specimens or cause the samples or specimens to be tested and determined.
(III) To protect the health and safety of licensees, racing employees, and the
general public, and to ensure the orderly conduct of race meets, the commission may at its own expense take or cause to be taken, for cause or by random selection, saliva, urine, blood, hair, or other body fluid samples from licensees. The commission shall promulgate reasonable rules identifying the license categories subject to testing. The commission shall designate license categories subject to testing based on the nature of the work performed or proximity to dangerous conditions in the sport of horse racing. Samples may be collected by division employees or by certified contractors in connection with race meets. The rules must include a listing of prohibited substances. The commission shall test and determine the samples or specimens, or cause the samples or specimens to be tested, to determine the presence of any prohibited substance that may cause impairment, or mask or dilute the presence of a prohibited substance.
(IV) The commission, at its own expense and in addition to other employees,
shall employ or contract with competent doctors, accountants, chemists, and other persons necessary to supervise the conduct of race meets and to ascertain that this article 32 and the rules of the commission are strictly complied with. The commission shall also seek innovative and efficient methods of testing humans and horses for prohibited substances to ensure the safety of humans and horses and maintain the integrity of racing. Through its bidding process, the commission shall invite laboratories to include proposals for testing procedures and methods that would maintain or improve the effectiveness of test results and minimize testing cost incurred by the state or the racing industry.
(b) The commission shall establish and require compliance with internal
control procedures for licensees, including accounting and reporting procedures.
(c) The commission shall license and regulate persons who manufacture or
operate totalizators and shall require all totalizators to be manufactured, maintained, and operated in accordance with the laws of this state and rules of the commission.
(d) The commission may license and regulate persons outside of Colorado
who conduct pari-mutuel wagering on simulcast races and who accept wagers from Colorado residents at out-of-state simulcast facilities, and shall require out-of-state simulcast facilities to be maintained and operated in accordance with the laws of this state and rules of the commission. Source market fees imposed on persons licensed under this subsection (2)(d) shall not exceed ten percent of the gross receipts of all pari-mutuel wagering by Colorado residents conducted by the persons at out-of-state simulcast facilities.
(3) The commission shall license and regulate all in-state simulcast facilities
conducting pari-mutuel wagering and shall require all such in-state simulcast facilities to be maintained and operated in accordance with the laws of this state and rules of the commission.
(3.5) An additional facility, as described in section 44-32-102 (11)(a)(II), must
not be located within fifty miles of any class B horse track operated by another licensee without the written consent of the other licensee. The commission shall establish by rule the means of obtaining the consent.
(4) The commission shall, at its own expense, specifically regulate the
operation by in-state simulcast facilities of pari-mutuel machines and equipment, the operation of all money and accounting facilities, and the operation of sellers' and cashiers' windows and ensure that the in-state simulcast facility is handling wagering as part of the pari-mutuel system of the appropriate track or simulcast facility and as part of the appropriate pari-mutuel pool, as designated in section 44-32-703. For such purposes, the commission, at its own expense, and in addition to other employees, shall employ the competent personnel necessary to supervise the wagering through in-state simulcast facilities and to ascertain that this article 32 and the rules of the commission are strictly complied with.
(5) A licensed track or its additional facility may be used for nonracing
events upon advance notice to the commission, subject to the authority of the commission and the division to take all measures reasonably necessary to ensure that the nonracing events do not interfere with the safe and proper conduct of racing or the suitability of the track for racing.
Source: L. 2018: (1)(b) and (2)(a) amended, (SB 18-172), ch. 129, p. 851, � 2,
effective April 12; entire article added with relocations, (HB 18-1024), ch. 26, p. 295, � 2, effective October 1. L. 2023: (1)(b) amended and (3.5) added, (SB 23-165), ch. 329, p. 1968, � 4, effective August 7.
Editor's note: (1) This section is similar to former � 12-60-501 as it existed
prior to 2018.
(2) Subsections (1)(b) and (2)(a) of this section were numbered as � 12-60-501
(1)(b) and (2)(a), respectively, in SB 18-172. Those provisions were harmonized with and relocated to this section as this section appears in HB 18-1024.
C.R.S. § 44-33-108
44-33-108. Contracting authority - memoranda of understanding - rules. (1) The executive director may enter into a contract with a private entity, in accordance with the Procurement Code, articles 101 to 112 of title 24, to create and maintain the registry.
(2) The department of revenue may enter into memoranda of understanding
with the judicial department, the department of human services, and the department of personnel to implement this article 33. If the registry is operated by a private entity pursuant to this section, the registry operator may enter into memoranda of understanding with the judicial department, the department of human services, and the department of personnel to implement this article 33.
(3) The executive director shall promulgate rules in accordance with article
4 of title 24 to implement this article 33. The rules shall include, but need not be limited to, rules regarding:
(a) The removal from the registry of information regarding persons who
satisfy their outstanding debts;
(b) The manner in which a licensee shall communicate with the registry,
including the information a licensee shall submit to the registry and the procedures to be followed if the registry is inaccessible due to technical or other problems;
(c) The protection of the confidentiality of information in the registry; and
(d) The circumstances and means by which an outstanding debt may be
collected from a licensee pursuant to section 44-33-105 (2)(b)(IV).
(4) The executive director shall promulgate a rule in accordance with article
4 of title 24 allowing a licensee to retain at least thirty dollars of each payment withheld pursuant to this article 33 to cover the licensee's costs of compliance with this article 33, which amount shall be added to the debtor's outstanding debt.
Source: L. 2018: Entire article added with relocations, (SB 18-035), ch. 15, p.
257, � 2, effective October 1.
Editor's note: This section is similar to former � 24-35-607 as it existed prior
to 2018.
LOTTERY
ARTICLE 40
State Lottery Division
Editor's note: This article 40 was added with relocations in 2018. Former
C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 40, see the comparative tables located in the back of the index.
C.R.S. § 44-40-106
44-40-106. Contractors supplying services, equipment, or materials - gaming equipment - disclosures - record check - definitions. (1) Any person, firm, association, or corporation, referred to in this section as supplier, that enters into a contract to supply services, equipment, or materials or gaming materials or equipment for use in the operation of the state lottery shall first disclose to the division:
(a) In addition to the supplier's business name and address, the names and
addresses of the following:
(I) If the supplier is a partnership, all of the general and limited partners;
(II) If the supplier is a limited liability company, all of the members;
(III) If the supplier is a trust, the trustee and all persons entitled to receive
income or benefit from the trust;
(IV) If the supplier is an association, the members, officers, and directors;
(V) If the supplier is a corporation, the officers, directors, and each owner or
holder, directly or indirectly, of any equity security or other evidence of ownership of any interest in the corporation; except that, in the case of owners or holders of publicly held equity securities of a publicly traded corporation, only the names and addresses of those owning or holding five percent or more of the publicly held securities need be disclosed;
(VI) If the supplier is a subsidiary or intermediary company, the intermediary
company, holding company, or parent company involved therewith, and the officers, directors, and stockholders of each; except that, in the case of owners or holders of publicly held securities of an intermediary company or holding company that is a publicly traded corporation, only the names and addresses of those owning or holding five percent or more of the publicly held securities need be disclosed;
(b) If the supplier is a corporation, all the states in which the supplier is
incorporated to do business, and the nature of that business;
(c) Other jurisdictions in which the supplier has contracts to supply gaming
materials or equipment;
(d) The details of any criminal conviction, state or federal, of the supplier or
any person whose name and address are required by subsection (1)(a) of this section. This subsection (1)(d) applies irrespective of any of the laws of the state to the contrary regarding expungement or sealed records.
(e) The details of any disciplinary action taken by any state against the
supplier or any person whose name and address are required by subsection (1)(a) of this section regarding any matter related to the selling, leasing, offering for sale or lease, buying, or servicing of gaming materials or equipment;
(f) A statement of the gross receipts realized in the preceding year from the
sale, lease, or distribution of gaming materials or equipment to states operating lotteries and to private persons licensed to conduct gambling, which statement shall differentiate that portion of the gross receipts attributable to transactions with states operating lotteries from that portion of the gross receipts attributable to transactions with private persons licensed to conduct gambling;
(g) The name and address of any source of gaming materials or equipment
for the supplier;
(h) The number of years the supplier has been in the business of supplying
gaming materials or equipment;
(i) Any other information, accompanied by any documents, that the
commission, by rule, may require as being necessary or appropriate in the public interest to accomplish the purposes of this article 40.
(2) If the supplier is a subsidiary or intermediary company, the intermediary
company, holding company, or parent company involved therewith shall supply the same information required by this section of the supplier.
(3) The costs of any investigation into the background of the apparent
successful bidder shall be assessed against the bidder and shall be paid by the bidder at the time of billing by the state. The investigation may be conducted by the department or the attorney general, and no contract may be signed until the investigation is completed. Investigators shall have peace officer authority during the period of investigation.
(4) No person, firm, association, or corporation contracting to supply
services, equipment, or materials or gaming equipment or materials to the state for use in the operation of the state lottery shall be directly or indirectly connected with any person, firm, association, or corporation licensed as a sales agent under this article 40, any employee of the department, the director, or the members of the commission.
(5) No contract shall be formed with any supplier if:
(a) A person disclosed pursuant to subsection (1)(a) or (1)(g) of this section is
a person who has been convicted of a felony or gambling-related offense, who has engaged in any form of illegal gambling, who is not of good character and reputation relevant to the secure and efficient operation of the lottery, or who has been convicted of a crime involving fraud or misrepresentation. However, when a felony conviction, other than a gambling-related offense, is an issue in the formation of a contract with a supplier, the director may determine that the supplier is otherwise of good character and reputation. The director's determination shall be submitted to a three-member panel who shall approve or reject the determination. The panel's decision shall constitute final agency action for purposes of section 24-4-106. The panel shall be composed of the chairman of the lottery commission, the executive director, and the secretary of state. Upon the determination and approval, the director may enter into a contract with the supplier.
(b) A disciplinary action disclosed pursuant to subsection (1)(e) of this section
was resolved adversely to the supplier.
(6) No contract for the supply of services, equipment, or materials or gaming
materials or equipment for use in the operation of the state lottery shall be enforceable against the state if the provisions of this section are not complied with.
(7) In the case of any procurement for a contract for lottery tickets, lottery
consulting services, or lottery terminals or equipment having a value of one hundred thousand dollars or more, or in the case of procurement for a contract for drawing equipment regardless of value, each prospective corporate supplier shall, prior to entering into a contract, provide a verified affidavit as to ownership, if any, of any interest, direct or indirect, in any operator of a casino, jai alai fronton, racetrack, or other gaming establishment, a current personal financial statement, and individual federal and state income tax returns from the past three years for each of its officers and each of the directors. The executive director shall determine, depending upon the organization of each company, by rule, which officers of any parent, intermediary, and holding companies, and which directors of the supplier or of a parent, intermediary, or holding company, are affiliated with the lottery and are required to file a current personal financial statement and individual federal and state income tax returns from the past three years. The provision of said affidavit, financial statement, and tax returns shall not be required at the time of submission of the prospective corporate supplier's bid or proposal.
(8) (a) Any contractor that has entered into a contract to supply gaming
materials or equipment to the lottery shall report to the division any change in, addition to, or deletion from the information disclosed to the division in accordance with the provisions of subsections (1)(a), (1)(d), (1)(e), (2), and (7) of this section. The report shall be written and addressed to the division and shall be mailed or delivered to the division within thirty days of the date the change in, addition to, or deletion from the information takes place or becomes effective.
(b) Any costs associated with an investigation regarding the information
disclosed in the report shall be paid by the contractor who shall remit the costs within thirty days of billing by the division.
(c) (I) If the report contains any information, or if the division receives any
information from any source other than the contractor, which information would have prohibited the director from awarding the contract to the contractor if the information had been provided or had been effective before the director awarded the contract, the director may terminate the contract following an investigation.
(II) If the report contains any information, or if any information is discovered
by the division from any source other than the contractor, which information would have given the director discretion to refuse to enter the contract had the information been provided or been effective before the director awarded the contract, the director, following an investigation, may terminate the contract.
(III) Any termination shall be accomplished in accordance with the
termination provisions of the contract.
(9) Every contract for the supply of gaming equipment or material shall
provide the following:
(a) The director shall exclude from lottery facilities an employee of a
contractor who has been convicted of a felony.
(b) The director shall also exclude employees of a contractor from
participating in activities involving the gaming materials or equipment supplied pursuant to the contract.
(10) (a) Each supplier, prior to entering into a contract to supply gaming
materials or equipment, shall submit a set of fingerprints to the division. The division shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Only the actual costs of the record check shall be borne by the supplier. Nothing in this subsection (10) shall preclude the division from making further inquiries into the background of the supplier.
(a.5) When the results of a fingerprint-based criminal history record check of
a supplier performed pursuant to this subsection (10) reveal a record of arrest without a disposition, the division shall require the supplier to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(b) Notwithstanding any other provision of this section to the contrary, for
purposes of this subsection (10), supplier means an individual or any person described in subsection (1)(a) or (1)(g) of this section.
(11) The requirements of the Procurement Code, articles 101 to 112 of title
24, shall apply to all contracts entered into by the lottery. The executive director shall ensure that any competitive solicitation process conducted by the lottery is designed to encourage broad vendor competition.
(12) The evaluation team for any bid for a contract for services, equipment, or
materials or for the purchase or lease of gaming equipment and materials, the amount of which bid is in excess of one million dollars, shall include an individual who is neither employed by nor affiliated with the division and who possesses specific expertise in the procurement of the services, equipment, or materials or in the purchase or lease of the gaming equipment or materials that are the subject of the bid. The individual shall be selected by the executive director in accordance with the requirements of this subsection (12).
Source: L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p.
338, � 2, effective October 1. L. 2019: (10)(a.5) added, (HB 19-1166), ch. 125, p. 564, � 66, effective April 18. L. 2022: (10)(a.5) amended, (HB 22-1270), ch. 114, p. 536, � 63, effective April 21.
Editor's note: This section is similar to former � 24-35-205 as it existed prior
to 2018.
Cross references: For those who serve as peace officers within the criminal
code when enforcing laws and rules regarding the lottery, see � 16-2.5-121.
C.R.S. § 44-40-110
44-40-110. Conflict of interest. (1) Members of the commission and employees of the division are declared to be positions of public trust and, therefore, in order to ensure the confidence of the people of the state in the integrity of the division, its employees, and the commission, the following restrictions shall apply:
(a) No member of the commission or employee of the division, including the
director, and no member of their immediate families, shall have any personal pecuniary interest in any lottery or in the sale of any lottery tickets or shares or in any corporation, association, or firm contracting with the state to supply gaming equipment or materials for use in the operation of the lottery or in any corporation, association, or firm licensed as a sales agent under this article 40. Employment by any political subdivision, or service on the governing body or on any board, agency, or commission of any political subdivision that is entitled to receive a portion of the proceeds of the lottery shall not constitute an interest prohibited by this section, except for the purposes of appointment to or service on the commission.
(b) No member of the commission or employee of the division, including the
director, and no member of their immediate families, shall receive any gift, gratuity, employment, or other thing of value from any person, corporation, association, or firm that contracts with or that offers services, supplies, materials, or equipment used by the division in the normal course of its operations.
(c) No member of the commission or employee of the division, including the
director, and no member of their immediate families, shall purchase any ticket for any lottery conducted under this article 40; except that lottery investigators may purchase lottery tickets when authorized to do so by the director for investigative purposes. No person described in this subsection (1)(c) shall be eligible to receive any prize awarded in such a lottery.
(d) No person, corporation, or firm that contracts with the division or that
offers services, supplies, materials, or equipment used by the division in the normal course of its operations shall offer any gift, gratuity, employment, or other thing of value to any commission member, employee of the division, or members of their immediate families except as authorized by rules promulgated pursuant to subsection (1)(b) of this section.
(e) No member of the commission or employee of the division who terminates
his or her relationship with the commission or the division shall, for a period of one year from the date of termination of membership on the commission or employment with the division, as applicable, accept employment with any lottery vendor or represent any lottery vendor before the division or the commission.
(f) The commission shall adopt by rule a code of ethics that shall be binding
upon all of its members. Each member of the commission shall complete training at least once each year on the code and shall further certify on an annual basis that he or she is knowledgeable about the code and has no conflicts of interest proscribed by this section.
Source: L. 2018: Entire article added with relocations, (HB 18-1027), ch. 31, p.
349, � 2, effective October 1.
Editor's note: This section is similar to former � 24-35-209 as it existed prior
to 2018.
C.R.S. § 44-40-120
44-40-120. Division subject to termination - annual financial audits of the division. (1) (a) Unless continued or reestablished by the general assembly acting by bill, the division shall terminate on July 1, 2049.
(b) (I) The state auditor shall conduct annual financial audits of the division.
(II) At least once every five years, and more frequently in the state auditor's
discretion, the state auditor shall conduct an analysis and evaluation of the performance of the division and shall submit a written report, together with any supporting materials as may be requested, to the general assembly. The first report shall be completed by January 1, 2004.
(c) In conducting the analysis and evaluation required by subsection (1)(b)(II)
of this section, the state auditor shall take into consideration, but not be limited to considering, the following factors:
(I) The amount of revenue generated by the lottery for its beneficiaries as
specified in article XXVII of the state constitution;
(II) The administrative and other expense of lottery dollar collections as
compared to revenue derived;
(III) An evaluation of the contracts, and compliance with the contracts, of
lottery equipment contractors and licensed sales agents;
(IV) Whether there has been an increase in organized crime related to
gambling within the state;
(V) A report on the results of the analysis prepared by the division on the
socioeconomic profile of persons who play the lottery, including information comparing the results of past analyses to assess the movement of persons from various categories;
(VI) Whether the commission encourages public participation in its decisions
rather than participation only by the people whom it regulates;
(VII) An evaluation of the effectiveness and efficiency of the division's
complaint, investigation, and disciplinary procedures;
(VIII) Whether the division performs its statutory duties efficiently and
effectively;
(IX) Whether administrative or statutory changes are necessary to improve
the operation of the lottery in the best interests of the state's citizens;
(X) Any other matters of concern about the operation and functioning of the
lottery; and
(XI) A report on any gifts and gratuities received by members of the
commission and employees of the division.
(2) Prior to any revision of the division's functions, a committee of reference
in each house of the general assembly shall hold a public hearing thereon to consider the report provided by the state auditor, as required by subsection (1)(b)(II) of this section. The hearing shall include the factors set forth in subsection (1)(c) of this section.
Source: L. 2018: (1)(a) amended, (SB 18-066), ch. 172, p. 1203, � 1, effective
August 8; entire article added with relocations, (HB 18-1027), ch. 31, p. 358, � 2, effective October 1.
Editor's note: (1) This section is similar to former � 24-35-218 as it existed
prior to 2018.
(2) Subsection (1)(a) of this section was numbered as � 24-35-218 (1)(a) in SB
18-066. That provision was harmonized with and relocated to this section as this section appears in HB 18-1027.
C.R.S. § 44-50-301
44-50-301. Classes of licenses. (1) For the purpose of regulating the cultivation, manufacturing, testing, storage, distribution, transport, transfer, and dispensation of regulated natural medicine or regulated natural medicine product, the state licensing authority in its discretion, upon application in the prescribed form, may issue and grant to the applicant a license from any of the classes listed in subsection (2) of this section, subject to the provisions and restrictions provided by this article 50 or a rule promulgated pursuant to this article 50.
(2) (a) The following are natural medicine business licenses:
(I) Natural medicine healing center license;
(II) Natural medicine cultivation facility license;
(III) Natural medicine product manufacturer license;
(IV) Natural medicine testing facility license; and
(V) Any natural medicine business license determined necessary by the state
licensing authority.
(b) The following are natural medicine licenses or registrations: Occupational
licenses and registrations for owners, managers, operators, employees, contractors, and other support staff employed by, working in, or having access to restricted areas of the licensed premises, as determined by the state licensing authority. The state licensing authority may take any action with respect to a registration or permit pursuant to this article 50 or rules promulgated pursuant to this article 50 as it may with respect to a license issued pursuant to this article 50 or rules promulgated pursuant to this article 50 in accordance with the procedures established pursuant to this article 50 or rules promulgated pursuant to this article 50.
(3) A state chartered bank or a credit union may loan money to any person
licensed pursuant to this article 50 or rules promulgated pursuant to this article 50 for the operation of a licensed natural medicine business.
(4) (a) Except as provided in subsection (4)(b) of this section, a person shall
not operate a license issued pursuant to this article 50 at the same location as a license or permit issued pursuant to article 3, 4, 5, or 10 of this title 44.
(b) A person may operate a natural medicine testing facility license issued
pursuant to section 44-50-404 at the same location as a regulated marijuana testing facility license issued pursuant to article 10 of this title 44.
Source: L. 2023: Entire article added, (SB 23-290), ch. 249, p. 1403, � 21,
effective July 1. L. 2024: (4) amended, (SB 24-198), ch. 452, p. 3143, � 10, effective June 6.
C.R.S. § 44-7-102
44-7-102. Definitions. As used in this article 7, unless the context otherwise requires:
(1) Cigarette, tobacco product, or nicotine product has the same meaning
as provided in section 18-13-121 (5).
(2) (a) Distributor means a person who sells or distributes cigarettes,
tobacco products, or nicotine products to licensed retailers in this state.
(b) Distributor includes a distributor or distributing subcontractor as
those terms are defined in section 39-28.5-101.
(3) Division means the division of liquor enforcement within the
department.
(4) Electronic smoking device has the meaning set forth in section 25-14-203 (4.5).
(5) Hearing officer means a person designated by the executive director to
conduct hearings held pursuant to section 44-7-105.
(6) Local authority means the governing body of a local government or any
authority designated by a municipal or county charter, municipal ordinance, or county resolution to regulate retailers.
(7) Local government means a statutory or home rule municipality, county,
or city and county.
(8) Minor means a person under twenty-one years of age.
(9) New retail location means a retail location in the state at which
cigarettes, tobacco products, or nicotine products were not sold before July 14, 2020.
(10) Retailer means the owner or operator of a business of any kind at a
specific location that sells cigarettes, tobacco products, or nicotine products to a user or consumer.
(11) School has the meaning set forth in section 44-3-103 (50).
(12) State license means a license issued by the division in accordance with
section 44-7-104.5.
(13) (a) Wholesaler means a person engaged in the wholesale distribution
of cigarettes, tobacco products, or nicotine products in this state.
(b) Wholesaler includes a wholesaler and wholesale subcontractor as
those terms are defined in section 39-28-101.
Source: L. 2018: Entire article added with relocations, (SB 18-036), ch. 34, p.
373, � 2, effective October 1. L. 2020: Entire section amended, (HB 20-1001), ch. 302, p. 1505, � 6, effective July 14.
Editor's note: This section is similar to former � 24-35-502 as it existed prior
to 2018.
C.R.S. § 5-12-103
5-12-103. Greater rate may be stipulated. (1) The parties to any bond, bill, promissory note, or other instrument of writing may stipulate therein for the payment of a greater or higher rate of interest than eight percent per annum, but not exceeding forty-five percent per annum, and any such stipulation may be enforced in any court of competent jurisdiction in the state, except as otherwise provided in articles 1 to 6 of this title. The rate of interest shall be deemed to be excessive of the limit under this section only if it could have been determined at the time of the stipulation by mathematical computation that such rate would exceed an annual rate of forty-five percent when the rate of interest was calculated on the unpaid balances of the debt on the assumption that the debt is to be paid according to its terms and will not be paid before the end of the agreed term.
(2) The term interest as used in this section means the sum of all charges
payable directly or indirectly by a debtor and imposed directly or indirectly by a lender as an incident to or as a condition of the extension of credit to the debtor, whether paid or payable by the debtor, the lender, or any other person on behalf of the debtor to the lender or to a third party.
(3) The public policy of this state does not limit or prohibit contracting,
agreeing, or stipulating in advance for the payment of interest on interest or compound interest.
(4) No law or public policy of this state limiting interest on interest, the
adding of deferred interest to principal, or the compounding of interest shall apply to any promissory note secured by any mortgage or deed of trust or to one secured by a mortgage or deed of trust where periodic disbursement of part of the loan proceeds is made by a lender over a period of time as established by the mortgage or deed of trust, or over an expressed period of time, or ending with the death of the debtor, including, but not limited to, promissory notes secured by mortgages or deeds of trust having provisions for adding deferred interest to principal or otherwise providing for the charging of interest on interest.
(5) This section shall not apply to a commercial credit plan as defined in
section 5-12-107 (8) and extensions of credit made pursuant thereto, unless the bond, bill, promissory note, instrument, or other written agreement evidencing the plan expressly states that it is subject to this section.
Source: L. 71: R&RE, p. 852, � 1. C.R.S. 1963: � 73-12-103. L. 72: p. 292, � 6. L.
75: (1) amended, p. 257, � 3, effective July 1. L. 79: (2) amended and (3) and (4) added, p. 317, � 1, effective July 1. L. 81: (4) amended, p. 396, � 33, effective June 8. L. 96: (5) added, p. 407, � 12, effective July 1.
C.R.S. § 5-17-102
5-17-102. Definitions. As used in this article 17, unless the context otherwise requires:
(1) Arrears or arrearages shall have the same meaning as provided in
section 26-13.5-102 (2).
(2) Child support means any amount required to be paid pursuant to a
judicial or administrative child support order.
(3) Child support debt shall have the same meaning as provided in section
26-13.5-102 (3).
(4) Child support enforcement service means a service, including related
financial accounting services, performed directly or indirectly for the purpose of causing a payment required, or allegedly required, by a child support order to be made to the obligee to whom the payment is owed or to an agent of that individual.
(5) Child support order means any judgment, decree, order, or
administrative order of support in favor of an obligee, whether temporary, permanent, final, or subject to modification, revocation, or remission, regardless of the kind of action or proceeding in which it is entered, requiring the payment of current child support, child support arrears, child support debt, retroactive support, or medical support, whether or not the order is combined with an order for maintenance.
(6) Current child support means the ongoing periodic support obligation
that an obligor is required to pay pursuant to a child support order.
(7) Obligee means an individual who is owed child support under a child
support order and who has entered or may enter into a contract with a collector.
(8) Obligor means any person owing or alleged to owe a duty of child
support or against whom a proceeding for the establishment or enforcement of a duty to pay child support is commenced.
(9) (a) Private child support collector or collector, except as provided in
subsection (9)(b) of this section, means a person or entity who performs, or offers to perform, a child support enforcement service for an obligee under one or more of the following conditions:
(I) The obligee lives in Colorado at the time the contract is signed;
(II) The collector has a place of business or is licensed to conduct business in
Colorado; or
(III) The collector contacts more than twenty-five obligors per year who live
in Colorado.
(b) The term private child support collector does not include:
(I) A person or entity described in section 5-16-103 (3)(b);
(II) A nonprofit organization that is exempt from taxation under section
501(c)(3) of the federal Internal Revenue Code of 1986 and charges no more than a nominal fee for providing assistance to any obligee with regard to the collection of child support;
(III) An attorney licensed to practice law in the state of Colorado;
(IV) An entity operating as an independent contractor with a county
government agency that contracts to provide services that a delegate child support enforcement unit is required by law to provide; or
(V) A delegate child support enforcement unit acting pursuant to article 13.5
of title 26.
(10) Private child support enforcement service contract or contract
means a contract or agreement, as described in section 5-17-106, pursuant to which a collector agrees to perform a child support enforcement service for an obligee for a fee.
(11) State agency means a government agency or its contractual agent
administering a state plan approved under Title IV-D of the federal Social Security Act, as amended.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260,
p. 1105, � 2, effective August 9.
Editor's note: This section is similar to former � 12-14.1-102 as it existed prior
to 2017.
C.R.S. § 5-19-104
5-19-104. Prohibited acts. (1) A credit services organization; its salespersons, agents, and representatives; and independent contractors who sell or attempt to sell the services of a credit services organization shall not:
(a) Charge or receive any money or other valuable consideration prior to full
and complete performance of the services the credit services organization has agreed to perform for the buyer;
(b) Make, counsel, or advise any buyer to make any statement that is untrue
or misleading to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit with respect to a buyer's creditworthiness, credit standing, or credit capacity;
(c) Make or use any untrue or misleading representations in the offer or sale
of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; or
(d) Make, counsel, or advise any buyer to make a request to a credit
reporting agency to verify information contained in a consumer credit report, unless the buyer states in writing to the credit services organization that the buyer believes the information to be verified is incorrect or inaccurate, and states specifically the basis of the inaccuracy or incorrectness of each disputed item of information.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260,
p. 1133, � 4, effective August 9.
Editor's note: This section is similar to former � 12-14.5-104 as it existed prior
to 2017.
C.R.S. § 5-19-206
5-19-206. Application for registration - required information. An application for registration shall be signed under penalty of false statement and include:
(1) The applicant's name, principal business address and telephone number,
and all other business addresses in this state, electronic-mail addresses, and internet website addresses;
(2) All names under which the applicant conducts business;
(3) The address of each location in this state at which the applicant will
provide debt-management services or a statement that the applicant will have no such location;
(4) The name and home address of each officer and director of the applicant
and each person that owns at least ten percent of the applicant;
(5) Identification of every jurisdiction in which, during the five years
immediately preceding the application:
(A) The applicant or any of its officers or directors has been licensed or
registered to provide debt-management services; or
(B) Individuals have resided when they received debt-management services
from the applicant;
(6) A statement describing, to the extent it is known or should be known by
the applicant, any material civil or criminal judgment or litigation and any material administrative or enforcement action by a governmental agency in any jurisdiction against the applicant, any of its officers, directors, owners, or agents, or any person who is authorized to initiate transactions to the trust account required by section 5-19-222;
(7) The applicant's financial statements, audited by an accountant licensed
to conduct audits, for each of the two years immediately preceding the application or, if it has not been in operation for the two years preceding the application, for the period of its existence;
(8) A description of the three most commonly used educational programs
that the applicant provides or intends to provide to individuals who reside in this state and a copy of any materials used or to be used in those programs;
(9) A description of the applicant's financial analysis and initial plan,
including any form or electronic model, used to evaluate the financial condition of individuals. The description shall be deemed to be confidential commercial data under section 24-72-204 (3)(a)(IV).
(10) A copy of each form of agreement that the applicant will use with
individuals who reside in this state;
(11) The schedule of fees and charges that the applicant will use with
individuals who reside in this state;
(12) At the applicant's expense, the results of a state and national
fingerprint-based criminal history record check, conducted within the immediately preceding twelve months, covering every officer of the applicant and every employee of the applicant who is authorized to initiate transactions to the trust account required by section 5-19-222. The administrator shall be the authorized agency to receive information regarding the result of the national criminal history record check. If a provider delegates to an independent contractor or subcontractor the authority to initiate transactions to the trust account required by section 5-19-222, the administrator is entitled to receive the results of the state and national fingerprint-based criminal history record check only for those independent contractors or subcontractors who are authorized to initiate trust account transactions pursuant to that delegated authority.
(13) The names and addresses of all employers of each director during the
five years immediately preceding the application; except that if a director receives no compensation from the provider, the applicable period shall be two years. The names and addresses shall be deemed to be confidential.
(14) A description of any ownership interest of at least ten percent by a
director, owner, or employee of the applicant in:
(A) Any affiliate of the applicant; or
(B) Any entity that provides products or services to the applicant or any
individual relating to the applicant's debt-management services;
(15) For not-for-profit providers, a statement of the amount of compensation
of the applicant's five most highly compensated employees for each of the three years immediately preceding the application or, if it has not been in operation for the three years immediately preceding the application, for the period of its existence;
(16) The identity of each director who is an affiliate, as defined in section 5-19-202 (2)(A) or (2)(B)(i), (2)(B)(ii), (2)(B)(iv), (2)(B)(v), (2)(B)(vi), or (2)(B)(vii), of the
applicant; and
(17) Any other information that the administrator reasonably requires to
perform the administrator's duties under section 5-19-209.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260,
p. 1142, � 4, effective August 9. L. 2021: (12) amended, (SB 21-057), ch. 378, p. 2515, � 1, effective June 29. L. 2022: (12) amended, (HB 22-1410), ch. 404, p. 2873, � 2, effective August 10.
Editor's note: This section is similar to former � 12-14.5-206 as it existed prior
to 2017.
C.R.S. § 5-19-217
5-19-217. Prerequisites for providing debt-management services. (a) Before providing or contracting to provide debt-management services, a registered provider shall give the individual an itemized list of goods and services and the charges for each. The list shall be clear and conspicuous, be in a record the individual may keep whether or not the individual assents to an agreement, and describe the goods and services the provider offers:
(1) Free of additional charge if the individual enters into an agreement;
(2) For a charge if the individual does not enter into an agreement; and
(3) For a charge if the individual enters into an agreement, using the
following terminology, as applicable, and format:
Set-up fee dollar amount of fee
Monthly service fee dollar amount of fee or method of determining
amount
Settlement fee dollar amount of fee or method of determining amount
Goods and services in addition to those provided in connection with a plan:
(item) dollar amount or method of determining amount
(item) dollar amount or method of determining amount.
(b) A provider may not furnish or contract to furnish debt-management
services unless the provider, through the services of a counselor or debt specialist:
(1) Provides the individual with reasonable education about the management
of personal finance. The provider shall maintain records of the education provided to an individual pursuant to this subsection (b)(1).
(2) Has prepared a financial analysis; and
(3) If the individual is to make regular, periodic payments:
(A) Has prepared a plan, as defined in section 5-19-202 (13), for the
individual;
(B) Has made a determination, based on the provider's analysis of the
information provided by the individual and otherwise available to it, that the plan is suitable for the individual and the individual will be able to meet the payment obligations under the plan; and
(C) Believes that each creditor of the individual listed as a participating
creditor in the plan will accept payment of the individual's debts as provided in the plan.
(c) Before an individual assents to an agreement to engage in a plan, a
provider shall:
(1) Provide the individual with a copy of the analysis and plan required by
subsection (b) of this section in a record that identifies the provider and that the individual may keep whether or not the individual assents to the agreement;
(2) Inform the individual of the availability, at the individual's option, of
assistance by a toll-free communication system or in person to discuss the financial analysis and plan required by subsection (b) of this section; and
(3) With respect to all creditors identified by the individual or otherwise
known by the provider to be creditors of the individual, provide the individual with a list of:
(A) Creditors that the provider expects to participate in the plan and grant
concessions;
(B) Creditors that the provider expects to participate in the plan but not
grant concessions; and
(C) Creditors that the provider expects not to participate in the plan.
(D) (Deleted by amendment, L. 2024).
(d) Before an individual assents to an agreement to engage in a plan, the
provider shall inform the individual, in a record that contains nothing else, that is given separately, and that the individual may keep whether or not the individual assents to the agreement:
(1) Of the name and business address of the provider;
(2) That plans are not suitable for all individuals and the individual may ask
the provider about other ways, including bankruptcy, to deal with indebtedness;
(3) That establishment of a plan may adversely affect the individual's credit
rating or credit scores;
(4) That nonpayment of debt may lead creditors to increase finance and
other charges or undertake collection activity, including litigation;
(5) Unless it is not true, that the provider may receive compensation from the
creditors of the individual; and
(6) That, unless the individual is insolvent, if a creditor settles for less than
the full amount of the debt, the plan may result in the creation of taxable income to the individual, even though the individual does not receive any money.
(e) If a provider may receive payments from an individual's creditors and the
plan contemplates that the individual's creditors will reduce finance charges or fees for late payment, default, or delinquency, the provider may comply with subsection (d) of this section by providing the following disclosure, surrounded by black lines:
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask
us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may hurt your credit rating or credit
scores.
(3) We may receive compensation for our services from your creditors.
Name and business address of provider
(f) If a provider will not receive payments from an individual's creditors and
the plan contemplates that the individual's creditors will reduce finance charges or fees for late payment, default, or delinquency, a provider may comply with subsection (d) of this section by providing the following disclosure, surrounded by black lines:
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Debt-management plans are not right for all individuals, and you may ask
us to provide information about other ways, including bankruptcy, to deal with your debts.
(2) Using a debt-management plan may hurt your credit rating or credit
scores.
Name and business address of provider
(g) If a plan contemplates that creditors will settle debts for less than the
full principal amount of debt owed, a provider may comply with subsection (d) of this section by providing the following disclosure, surrounded by black lines:
IMPORTANT INFORMATION FOR YOU TO CONSIDER
(1) Our program is not right for all individuals, and you may ask us to provide
information about bankruptcy and other ways to deal with your debts.
(2) Nonpayment of your debts under our program may:
Hurt your credit rating or credit scores;
Lead your creditors to increase finance and other charges; and
Lead your creditors to undertake activity, including lawsuits, to collect the debts.
(3) Reduction of debt under our program may result in taxable income to
you, even though you will not actually receive any money.
Name and business address of provider
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260,
p. 1149, � 4, effective August 9. L. 2024: (b)(1) amended, (HB 24-1251), ch. 226, p. 1401, � 3, effective August 7; (b)(3)(A) and (c)(3) amended, (HB 24-1380), ch. 463, p. 3222, � 3, effective August 7.
Editor's note: This section is similar to former � 12-14.5-217 as it existed prior
to 2017.
C.R.S. § 5-19-231
5-19-231. Liability for the conduct of other persons. If a provider delegates any of its duties or obligations under an agreement or this part 2 to another person, including an independent contractor, the provider is liable for conduct of the person that, if done by the provider, would violate the agreement or this part 2.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260,
p. 1164, � 4, effective August 9.
Editor's note: This section is similar to former � 12-14.5-231 as it existed prior
to 2017.
C.R.S. § 5-2-201
5-2-201. Finance charge for consumer credit transactions. (1) With respect to a consumer loan other than a supervised loan, including a revolving loan, a lender may contract for and receive a finance charge calculated according to the actuarial method not exceeding twelve percent per year on the unpaid balance of the amount financed.
(2) With respect to a supervised loan or a consumer credit sale, except for a
loan or sale pursuant to a revolving account, a supervised lender or seller may contract for and receive a finance charge, calculated according to the actuarial method, not exceeding the equivalent of the greater of either of the following:
(a) The total of:
(I) Thirty-six percent per year on that part of the unpaid balances of the
amount financed that is one thousand dollars or less;
(II) Twenty-one percent per year on that part of the unpaid balances of the
amount financed that is more than one thousand dollars but does not exceed three thousand dollars; and
(III) Fifteen percent per year on that part of the unpaid balances of the
amount financed that is more than three thousand dollars; or
(b) Twenty-one percent per year on the unpaid balances of the amount
financed.
(3) (a) Except as provided in paragraph (b) of this subsection (3), the finance
charge for a supervised loan or consumer credit sale pursuant to a revolving credit account, calculated according to the actuarial method, may not exceed twenty-one percent per year on the unpaid balance of the amount financed.
(b) Notwithstanding paragraph (a) of this subsection (3), if there is an unpaid
balance on the date as of which the finance charge is applied, the creditor may contract for and receive a minimum finance charge not exceeding fifty cents.
(4) (a) Except as provided in paragraph (b) of this subsection (4), this section
does not limit or restrict the manner of contracting for the finance charge, whether by way of add-on, discount, single annual percentage rate, or otherwise, so long as the rate of the finance charge does not exceed that permitted by this section.
(b) A seller or lender may contract for the payment by a consumer of a
prepaid finance charge. In addition to any other disclosure required by this code, a seller or lender shall disclose to the consumer the amount of any such prepaid finance charge.
(c) If the consumer credit transaction is precomputed:
(I) The finance charge may be calculated on the assumption that all
scheduled payments will be made when due;
(II) The effect of prepayment is governed by the provisions on rebate upon
prepayment contained in section 5-2-211.
(5) Except as provided in subsection (8) of this section, the term of a
consumer credit transaction, for the purposes of this section, commences on the date the consumer credit transaction is made. Differences in the lengths of months are disregarded and a day may be counted as one-thirtieth of a month. Subject to classifications and differentiations the creditor may reasonably establish, a part of a month in excess of fifteen days may be treated as a full month if periods of fifteen days or less are disregarded and that procedure is not consistently used to obtain a greater yield than would otherwise be permitted.
(6) Subject to classifications and differentiations the creditor may
reasonably establish, the creditor may make the same finance charge on all amounts financed within a specified range. A finance charge so made does not violate this section if:
(a) When applied to the median amount within each range, it does not exceed
the maximum permitted in this section; and
(b) When applied to the lowest amount within each range, it does not
produce a rate of finance charge exceeding the rate calculated according to paragraph (a) of this subsection (6) by more than eight percent of such rate.
(7) Notwithstanding the provisions of subsections (1), (2), and (3) of this
section, the creditor, in connection with a consumer credit transaction other than a deferred deposit loan as defined in section 5-3.1-102 (3) or one pursuant to a revolving credit account, may contract for and receive a minimum loan finance charge of not more than twenty-five dollars.
(8) With respect to a consumer insurance premium loan, the term of the loan
commences on the earliest inception date of a policy or contract of insurance on which payment of the premium is financed by the loan.
Source: L. 2000: Entire article R&RE, p. 1196, � 1, effective July 1. L. 2001:
(4)(b) amended, p. 28, � 2, effective March 9. L. 2003: (7) amended, p. 1892, � 2, effective July 1.
Editor's note: This section is similar to former � 5-2-201, as it existed prior to
2000.
C.R.S. § 5-20-106
5-20-106. Licensure of student loan servicers - definition. (1) Automatic issuance of license for federal student loan servicing contractors. (a) A person seeking to act within this state as a student loan servicer is exempt from the application procedures described in subsection (2) of this section upon a determination by the administrator that the person is a party to a contract awarded by the United States secretary of education under 20 U.S.C. sec. 1078, 1087f, or 1087hh, as amended. The administrator shall prescribe the procedure to document eligibility for the exemption.
(b) Automatic license. With regard to a person deemed exempt by this
subsection (1), the administrator shall:
(I) Automatically issue a license upon payment of the fees required by
section 5-20-107 (1)(a);
(II) Automatically issue a renewal license upon payment of the fees required
by section 5-20-107 (1)(b); and
(III) Deem the person to have met all requirements set forth in subsection (2)
of this section.
(c) Procedural exemptions. A person issued a license pursuant to this
subsection (1) is exempt from subsections (3) to (9) and (11) of this section. A person issued a license pursuant to this subsection (1) shall comply with the record requirements in subsection (10) of this section except to the extent that the requirements are inconsistent with federal law.
(d) Notice. A person issued a license pursuant to this subsection (1) shall
provide the administrator with written notice within seven days after notification of the expiration, revocation, or termination of any contract awarded by the United States secretary of education under 20 U.S.C. sec. 1087f. The person has thirty days after notification to satisfy all requirements established under subsection (2) of this section in order to continue to act within this state as a student loan servicer. At the expiration of the thirty-day period, if the person seeking to act within this state as a student loan servicer has not satisfied the requirements of subsection (2) of this section, the administrator shall summarily suspend any license granted to the person under this section in accordance with section 24-4-104 (4); except that the full investigation requirement specified in section 24-4-104 (4)(a) does not apply.
(e) Preservation of authorities. With respect to student loan servicing not
conducted pursuant to a contract awarded by the United States secretary of education under 20 U.S.C. sec. 1087f, nothing in this section prevents the administrator from issuing, or filing a civil action for, an order to temporarily or permanently prohibit or bar any person from acting as a student loan servicer or violating applicable law.
(2) Other student loan servicers. (a) A person seeking to act within this
state as a student loan servicer, other than a person deemed exempt by the administrator pursuant to subsection (1) of this section, must apply to the administrator for an initial license in the form the administrator prescribes. The application must be accompanied by:
(I) A financial statement prepared by a certified public accountant or a
public accountant, a general partner if the applicant is a partnership, a corporate officer if the applicant is a corporation, or a member duly authorized to execute financial statements if the applicant is a limited liability company or association;
(II) Information regarding the history of criminal convictions of the following:
(A) The applicant;
(B) Partners of the applicant, if the applicant is in a partnership;
(C) Members of the applicant, if the applicant is a limited liability company or
association; or
(D) Officers, directors, and principal employees of the applicant, if the
applicant is a corporation.
(b) The information submitted pursuant to subsection (2)(a)(II) of this section
must be sufficient, as determined by the administrator, to make the findings required under this section.
(3) Investigation of applicant. (a) Upon the filing of an application for an
initial license and the payment of the fees for licensing and investigation pursuant to section 5-20-107, the administrator shall investigate the financial condition and responsibility, financial and business experience, character, and general fitness of the applicant.
(b) The administrator may issue a license pursuant to this section if the
administrator finds that:
(I) The applicant's financial condition is sound;
(II) The applicant's business will be conducted honestly, fairly, equitably,
carefully, and efficiently within the purposes and intent of this part 1 and in a manner commanding the confidence and trust of the community;
(III) If the applicant is:
(A) An individual, the individual is in all respects properly qualified and of
good character;
(B) A partnership, each partner is in all respects properly qualified and of
good character;
(C) A limited liability company or association, each member is in all respects
properly qualified and of good character; or
(D) A corporation, the president, chair of the executive committee, senior
officer responsible for the corporation's business, chief financial officer or any other person who performs similar functions as determined by the administrator, each director, each trustee, and each shareholder owning ten percent or more of each class of the securities of the corporation are in all respects properly qualified and of good character;
(IV) No person acting on behalf of the applicant knowingly has made an
incorrect statement of a material fact in the application or in any report or statement made pursuant to this part 1; and
(V) The applicant has met any other requirements as determined by the
administrator.
(4) License expiration. A license issued pursuant to this section expires each
January 31 unless renewed or earlier surrendered, suspended, or revoked pursuant to this part 1. No later than fifteen days after a licensee ceases to engage in the business of servicing in this state for any reason, including a business decision to terminate operations in this state, license revocation, bankruptcy, or voluntary dissolution, the licensee shall provide written notice of surrender to the administrator and shall surrender to the administrator its license for each location in which the licensee has ceased to engage in servicing. The written notice of surrender must identify the location where the records of the licensee will be stored and the name, address, and telephone number of a person authorized to provide access to the records. The surrender of a license does not reduce or eliminate the licensee's civil or criminal liability arising from acts or omissions occurring before the surrender of the license, including any administrative actions undertaken by the administrator to revoke or suspend a license, assess a civil penalty, order restitution, or exercise any other authority provided to the administrator.
(5) License renewal - annual report. (a) A license issued pursuant to this
section may be renewed for the ensuing twelve-month period upon the filing of an application containing all required records and fees, including renewal fees as established by the administrator in accordance with section 5-20-107. A renewal application must be filed on or before January 31 of the year in which the license expires. The administrator may establish a late fee for any renewal applications submitted after January 31.
(b) If an application for a renewal license has been filed with the
administrator on or before the date the license expires, the license sought to be renewed continues in effect until the issuance by the administrator of the renewal license applied for or until the administrator has notified the licensee in writing of the administrator's refusal to issue the renewal license together with the grounds upon which the refusal is based.
(c) The administrator may refuse to issue a renewal license on any ground on
which the administrator may refuse to issue an initial license.
(d) Along with the application for renewal, every licensee shall file with the
administrator, in the form and manner determined by the administrator, an annual report concerning loans serviced by the licensee. Information included in an annual report filed pursuant to this subsection (5)(d) is confidential and may be published only in aggregate form, with no personal identifying information included.
(6) Dishonored check. If a check filed with the administrator to pay a license,
investigation, or renewal fee under this section is dishonored, the administrator shall summarily suspend the license or the renewal license that has been issued but is not yet effective in accordance with section 24-4-104 (4); except that the full investigation requirement specified in section 24-4-104 (4)(a) does not apply. The administrator shall give the licensee notice of the summary suspension pending proceedings for revocation or refusal to renew and an opportunity for a hearing on the actions in accordance with section 5-20-113.
(7) Update application information. An applicant or licensee under this
section shall notify the administrator, in writing, of any change in the information provided in its initial application for a license or its most recent renewal application for a license, as applicable, not later than ten business days after the occurrence of the event that results in the change.
(8) Incomplete application. The administrator may consider an application
for a license under this section abandoned if the applicant fails to respond to any request for information required under this part 1 or any rules adopted pursuant to this part 1, as long as the administrator notifies the applicant, in writing, that the application will be considered abandoned if the applicant fails to submit the information within sixty days after the date on which the request for information was made. Abandonment of an application pursuant to this subsection (8) does not preclude the applicant from submitting a new application for a license under this part 1.
(9) Change of license notification. (a) A licensee under this section shall not
act within this state as a student loan servicer under any name or at any place of business other than those named in the license. A licensee shall give prior written notice to the administrator of a change of business location. A licensee shall not operate more than one place of business under the same license, but the administrator may issue more than one license to a licensee that complies with this part 1 as to each license. A license is not transferable or assignable.
(b) (I) Subject to rules adopted by the administrator, nothing in subsection
(9)(a) of this section prohibits a licensee from permitting its employees to work from a remote location so long as the licensee:
(A) Ensures that no in-person customer interactions are conducted at the
remote location and does not designate the remote location to consumers as a business location;
(B) Maintains appropriate safeguards for licensee and consumer data,
information, and records, including the use of secure virtual private networks, also known as VPNs, where appropriate;
(C) Employs appropriate risk-based monitoring and oversight processes of
work performed from a remote location and maintains records of the monitoring and oversight processes;
(D) Ensures consumer information and records are not maintained at a
remote location;
(E) Ensures consumer and licensee information and records remain
accessible and available for regulatory oversight and examination; and
(F) Provides appropriate employee training to ensure employees working
from a remote location keep all conversations about and with consumers that are conducted from the remote location confidential, as if conducted from a commercial location, and to ensure that employees working at a remote location work in an environment that is conducive and appropriate to ensuring privacy and confidential conversations.
(II) As used in this subsection (9)(b), remote location means a private
residence of an employee of a licensee or another location selected by the employee and approved by the licensee.
(10) Records retention - records request. A student loan servicer shall
maintain adequate records of each student education loan transaction and all communications in connection with student education loan servicing for not less than two years after the final payment on the student education loan or the assignment of the student education loan, whichever occurs first, except as otherwise required by federal law, a federal student education loan agreement, or a contract between the federal government and a licensee. Upon request by the administrator, a student loan servicer shall make the records available or shall send the records to the administrator by registered or certified mail, return receipt requested, or by any express delivery carrier that provides a dated delivery receipt, not later than five business days after requested by the administrator. Upon a licensee's request, the administrator may grant the licensee additional time to make the records available or to send the records to the administrator.
(11) License suspension and revocation - refusal to renew. (a) The
administrator may suspend, revoke, annul, limit, modify, or refuse to renew a license issued pursuant to subsection (2) of this section or take any other action in accordance with this part 1 if the administrator finds one or more of the following:
(I) The licensee has violated any provision of this part 1 or any rule lawfully
adopted or order lawfully issued pursuant to and within the authority of this part 1; or
(II) Any fact or condition exists that, if it had existed at the time of the
original application for the license, clearly would have warranted a denial of the license.
(b) An abatement of the license fee may not be made if the license is
surrendered, revoked, or suspended.
Source: L. 2019: Entire article added, (SB 19-002), ch. 157, p. 1861, � 2,
effective August 2. L. 2021: (3)(b)(II), (3)(b)(IV), (4), (8), (9), IP(11)(a), and (11)(a)(I) amended, (SB 21-057), ch. 378, p. 2531, � 8, effective June 29. L. 2023: (1)(a), (9), and (10) amended and (5)(d) added, (SB 23-248), ch. 360, p. 2154, � 16, effective August 7.
C.R.S. § 5-3-202
5-3-202. Cross-collateral. (1) In addition to contracting for a security interest pursuant to the provisions on security in sales or leases contained in section 5-3-201, a seller in a consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if as a result of a prior sale the seller has an existing security interest in the other property. The seller may also contract for a security interest in the property sold in the subsequent sale as security for the previous debt.
(2) If the seller contracts for a security interest in other property pursuant to
this section, the rate of finance charge thereafter on the aggregate unpaid balances so secured may not exceed that permitted if the balances so secured were consolidated pursuant to the provisions on consolidation involving a refinancing contained in section 5-2-205 (1). The seller has a reasonable time after so contracting to make any adjustments required by this section. Seller in this section does not include an assignee not related to the original seller.
Source: L. 2000: Entire article R&RE, p. 1218, � 1, effective July 1.
Editor's note: This section is similar to former � 5-2-408, as it existed prior to
2000.
C.R.S. § 5-3-503
5-3-503. Notice of cancellation. If a default exists on a consumer insurance premium loan and any right to cure that exists has expired without cure being effected, the lender may give notice of cancellation of each insurance policy or contract to be canceled. If given, the notice of cancellation shall be in writing and given to the insurer who issued the policy or contract and to the insured. The insurer, within two business days after receipt of the notice of cancellation together with a copy of the insurance premium loan agreement if not previously given to the insurer, shall give any notice of cancellation required by the policy, contract, or law and, within ten business days after the effective date of the cancellation, pay to the lender any premium unearned on the policy or contract as of that effective date. Within ten business days after receipt of the unearned premium, the lender shall pay to the consumer indebted upon the insurance premium loan any excess of the unearned premium received over the amount owing by the consumer upon the insurance premium loan.
Source: L. 2000: Entire article R&RE, p. 1224, � 1, effective July 1.
Editor's note: This section is similar to former � 5-7-103, as it existed prior to
2000.
ARTICLE 3.1
Deferred Deposit Loan Act
Law reviews: For article, Borrowing from Peter to Pay Paul: A Statistical
Analysis of Colorado's Deferred Deposit Loan Act, see 83 Den. U.L. Rev. 387 (2005).
5-3.1-101. Short title. This article shall be known and may be cited as the
Deferred Deposit Loan Act.
Source: L. 2000: Entire article added, p. 439, � 1, effective July 1.
5-3.1-101.5. Legislative declaration. The people of this state find and
declare that payday lenders are charging up to two hundred percent annually for payday loans and that excess charges on such loans can lead Colorado families into a debt trap of repeat borrowing. It is the intent of the people to lower the maximum authorized finance charge for payday loans to an annual percentage rate of thirty-six percent.
Source: Initiated 2018: Entire section added, Proposition 111, L. 2019, p. 4539,
� 1, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Editor's note: This section was added by Proposition 111, with the
proclamation of the governor on December 19, 2018. The vote count for the measure at the general election held November 6, 2018, was as follows:
FOR: 1,865,200
AGAINST: 549,357
5-3.1-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Administrator means the administrator of the Uniform Consumer Credit
Code.
(1.5) Annual percentage rate means an annual percentage rate as
determined pursuant to section 107 of the federal Truth in Lending Act, 15 U.S.C. sec. 1601 et seq. All finance charges shall be included in the calculation of the annual percentage rate.
(2) Consumer means a person other than an organization who is the buyer,
lessee, or debtor to whom credit is granted in a consumer credit transaction.
(2.5) Default means a consumer's failure to repay a deferred deposit loan
in compliance with the terms contained in a deferred deposit loan agreement.
(3) Deferred deposit loan or payday loan means a consumer loan
whereby the lender, for a fee, finance charge, or other consideration, does the following:
(a) Accepts a dated instrument from the consumer as sole security for the
loan and no other collateral;
(b) Agrees to hold the instrument for a period of time prior to negotiation or
deposit of the instrument; and
(c) Pays to the consumer, credits to the consumer's account, or pays to
another person on the consumer's behalf the amount of the instrument, less finance charges permitted by section 5-3.1-105.
(4) Instrument means a personal check or authorization to transfer or
withdraw funds from an account signed by the consumer and made payable to a person subject to this article.
(5) (a) Lender means any person who offers or makes a deferred deposit
loan, who arranges a deferred deposit loan for a third party, or who acts as an agent for a third party, regardless of whether the third party is exempt from licensing under this article or whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party, through any method including mail, telephone, internet, or any electronic means.
(b) Lender includes, but is not limited to, a supervised financial organization
as defined in section 5-1-301 (45).
(c) Notwithstanding that a bank, saving and loan association, credit union, or
supervised lender may be exempted by federal law from this code's interest rate, finance charges, and licensure provisions, all other applicable provisions of this code apply to both a deferred deposit loan and a deferred deposit lender.
(6) Loan amount means the amount financed as defined in regulation z of
the federal Truth in Lending Act, 12 CFR 226.18 (b), as amended, or as supplemented by this code, articles 1 to 9 of this title.
Source: L. 2000: Entire article added, p. 439, � 1, effective July 1. L. 2001:
(5)(b) amended, p. 29, � 6, effective March 9. L. 2004: (2.5) added and (3) (a) amended, p. 317, � 1, effective July 1. L. 2010: (1.5) added and IP(3) and (5)(a) amended, (HB 10-1351), ch. 267, p. 1221, � 2, effective August 11.
Cross references: For the legislative declaration in the 2010 act adding
subsection (1.5) and amending the introductory portion to subsection (3) and subsection (5)(a), see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-103. Written agreement requirements. Each deferred deposit loan
transaction and renewal shall be documented by a written agreement signed by both the lender and consumer. The written agreement shall contain the name of the consumer; the transaction date; the amount of the instrument; the annual percentage rate charged; a statement of the total amount of finance charges charged, expressed both as a dollar amount and an annual percentage rate; and the name, address, and telephone number of any agent or arranger involved in the transaction. In addition, the written agreement shall include all disclosures required by section 5-3-101 (2). The written agreement shall set a date upon which the instrument may be deposited or negotiated. There shall be no maximum loan term or minimum finance charge. The minimum loan term shall be six months from the loan transaction date. The lender shall accept prepayment from a consumer prior to the loan due date and shall not charge the consumer a penalty if the consumer opts to prepay the loan. A lender may hold an instrument and delay completion of the transaction beyond the loan due date without any additional written agreement or new disclosure, but the lender may not charge any additional fees for holding the instrument or delaying the completion of the transaction.
Source: L. 2000: Entire article added, p. 440, � 1, effective July 1. L. 2001:
Entire section amended, p. 29, � 7, effective March 9. L. 2003: Entire section amended, p. 1893, � 6, effective July 1. L. 2004: Entire section amended, p. 317, � 2, effective July 1. L. 2010: Entire section amended, (HB 10-1351), ch. 267, p. 1222, � 3, effective August 11.
Cross references: For the legislative declaration in the 2010 act amending
this section, see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-104. Notice to consumers. A lender shall provide the following notice
in a prominent place on each loan agreement in at least ten-point type:
A DEFERRED DEPOSIT LOAN IS NOT INTENDED TO MEET LONG-TERM FINANCIAL NEEDS.
A DEFERRED DEPOSIT LOAN SHOULD BE USED ONLY TO MEET SHORT-TERM CASH NEEDS.
RENEWING THE DEFERRED DEPOSIT LOAN RATHER THAN PAYING THE DEBT IN FULL WILL REQUIRE ADDITIONAL FINANCE CHARGES.
Source: L. 2000: Entire article added, p. 440, � 1, effective July 1.
5-3.1-105. Authorized charges. A lender may charge a finance charge for
each deferred deposit loan or payday loan that must not exceed an annual percentage rate of thirty-six percent. If the loan is prepaid prior to the maturity of the loan term, the lender shall refund to the consumer a prorated portion of the finance charge based upon the ratio of time left before maturity to the loan term. A lender may charge only those charges expressly authorized in this article in connection with a deferred deposit loan or payday loan.
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2010:
Entire section amended, (HB 10-1351), ch. 267, p. 1222, � 4, effective August 11. Initiated 2018: Entire section amended, Proposition 111, L. 2019, p. 4539, � 2, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Cross references: For the legislative declaration in the 2010 act amending
this section, see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-106. Maximum loan amount - right to rescind. (1) A lender shall not
lend an amount greater than five hundred dollars nor shall the amount financed exceed five hundred dollars by any one lender at any time to a consumer. Nothing in this subsection (1) shall preclude a lender from making more than one loan to a consumer so long as the total amount financed does not exceed five hundred dollars at any one time and there is at least a thirty-day waiting period between loans.
(2) A consumer shall have the right to rescind the deferred deposit loan on or
before 5 p.m. the next business day following the loan transaction.
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2004: (1)
amended, p. 318, � 3, effective July 1. L. 2010: (1) amended, (HB 10-1351), ch. 267, p. 1223, � 5, effective August 11.
Cross references: For the legislative declaration in the 2010 act amending
subsection (1), see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-107. Multiple outstanding transactions notice. A lender shall provide
the following notice in a prominent place on each deferred deposit loan agreement in at least ten-point type:
STATE LAW PROHIBITS DEFERRED DEPOSIT LOANS EXCEEDING FIVE HUNDRED DOLLARS ($500) TOTAL DEBT PLUS APPLICABLE FINANCE CHARGES PERMITTED BY LAW FROM A DEFERRED DEPOSIT LENDER. EXCEEDING THIS AMOUNT MAY CREATE FINANCIAL HARDSHIPS FOR YOU AND YOUR FAMILY. YOU HAVE THE RIGHT TO RESCIND THIS TRANSACTION BY 5 P.M. THE NEXT BUSINESS DAY FOLLOWING THIS TRANSACTION.
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2001:
Entire section amended, p. 29, � 8, effective March 9.
5-3.1-108. Renewal - new loan - consecutive loans - payment plan -
definitions. (1) A deferred deposit loan shall not be renewed more than once. After such renewal, the consumer shall pay the debt in cash or its equivalent. If the consumer does not pay the debt, then the lender may deposit the consumer's instrument.
(2) Upon renewal of a deferred deposit loan or payday loan, the lender may
assess a finance charge that must not exceed an annual percentage rate of thirty-six percent. If the deferred deposit loan or payday loan is renewed prior to the maturity date, the lender shall refund to the consumer a prorated portion of the finance charge based upon the ratio of time left before maturity to the loan term.
(3) A transaction is completed when the lender presents the instrument for
payment or the consumer redeems the instrument by paying the full amount of the instrument to the holder. Once the consumer has completed the deferred deposit transaction, the consumer may enter into a new deferred deposit agreement with the lender. If the consumer's instrument is dishonored by the payor financial institution after the transaction is complete and, before the lender receives a notice of dishonor, the lender makes a new loan that does not exceed the maximum allowable loan, the lender shall not be in violation of the maximum loan amount provisions in section 5-3.1-106.
(4) Nothing in this section prohibits a lender from refinancing a deferred
deposit loan as a supervised loan subject to the provision of this code, articles 1 to 9 of this title; except that the lender may not contract for or receive the minimum finance charge contained in section 5-2-201 (7).
(5) (Deleted by amendment, L. 2010, (HB 10-1351), ch. 267, p. 1223, � 6,
effective August 11, 2010.)
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2001: (4)
amended, p. 29, � 9, effective March 9. L. 2004: (3) amended, p. 318, � 4, effective July 1. L. 2007: (5) added, p. 384, � 1, effective July 1. L. 2010: (2) and (5) amended, (HB 10-1351), ch. 267, p. 1223, � 6, effective August 11. Initiated 2018: (2) amended, Proposition 111, L. 2019, p. 4539, � 3, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Cross references: For the legislative declaration in the 2010 act amending
subsections (2) and (5), see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-109. Form of loan proceeds. A lender may pay the proceeds from a
deferred deposit loan to the consumer in the form of a business instrument, money order, cash, stored value card, internet transfer, or authorized automated clearinghouse transaction. The consumer shall not be charged an additional finance charge or fee for cashing the lender's business instrument or for negotiating forms of loan proceeds other than cash.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2004:
Entire section amended, p. 318, � 5, effective July 1.
5-3.1-110. Endorsement of instrument. A lender shall not negotiate or
present an instrument for payment unless the instrument is endorsed with the actual business name of the lender.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1.
5-3.1-111. Redemption of instrument. Prior to the lender negotiating or
presenting the instrument, the consumer shall have the right to redeem any instrument held by a lender as a result of a deferred deposit loan if the consumer pays the full amount of the instrument to the lender.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1.
5-3.1-112. Authorized dishonored instrument charge. If an instrument held
by a lender as a result of a deferred deposit loan is returned unpaid to the lender from a payor financial institution due to insufficient funds, a closed account, a stop-payment order, or any other reason, not including a bank error, the lender shall have the right to exercise all civil means authorized by law to collect the face value of the instrument; except that the provisions and remedies of section 13-21-109, C.R.S., are not applicable to any deferred deposit loan. In addition, the lender may contract for and collect one returned instrument charge for each deferred deposit loan, not to exceed twenty-five dollars, plus court costs and reasonable attorney fees as awarded by a court and incurred as a result of the default. However, such attorney fees shall not exceed the loan amount. The lender shall not collect any other fees as a result of default. A returned instrument charge shall not be allowed if the loan proceeds instrument is dishonored by the financial institution or the consumer places a stop-payment order due to forgery or theft.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2004:
Entire section amended, p. 318, � 6, effective July 1.
5-3.1-113. Posting of charges. Any lender offering a deferred deposit loan
shall post at any place of business where deferred deposit loans are made a notice of the finance charges imposed for such deferred deposit loans.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2003:
Entire section amended, p. 1894, � 7, effective July 1.
5-3.1-114. Notice on assignment or sale of instruments. Prior to sale or
assignment of instruments held by the lender as a result of a deferred deposit loan, the lender shall place a notice on the instrument in at least ten-point type to read:
THIS IS A DEFERRED DEPOSIT LOAN INSTRUMENT.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1.
5-3.1-115. Records and annual reports. A lender shall maintain records and
file an annual report in accordance with section 5-2-304.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2001:
Entire section amended, p. 30, � 10, effective March 9.
5-3.1-116. License requirement. In accordance with section 5-2-301, no
person shall engage in the business of deferred deposit loans without having first obtained a supervised lender's license pursuant to section 5-2-302. A separate license shall be required for each location where such business is conducted.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2001:
Entire section amended, p. 30, � 11, effective March 9.
5-3.1-117. Examination and investigation. A lender may be examined and
investigated in accordance with section 5-2-305.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1. L. 2001:
Entire section amended, p. 30, � 12, effective March 9.
5-3.1-118. Denial of license - discipline. (1) The administrator may deny a
license or discipline a lender in accordance with sections 5-2-302, 5-2-303, and 5-2-306.
(2) (a) If the administrator finds that a lender has violated the code, articles 1
to 9 of this title, the administrator shall notify the lender in writing of such violations and the actions the lender must take to cure the violations. The administrator shall allow the lender thirty days after the postmark date of the notice, or the date of delivery if not mailed, to cure the violations before taking disciplinary action in accordance with subsection (1) of this section. If the administrator determines that such lender has performed such actions contained in such notice, the lender shall not be liable for the violations that have been cured.
(b) This subsection (2) shall not apply if the lender violated the code, articles
1 to 9 of this title, in a repeated or willful manner.
(c) If an alleged violation of the code, articles 1 to 9 of this title, is the result
of a bona fide clerical oversight or computer-based error and not the product of the lender's established lending practices, and the alleged violation can be corrected without material change to the terms and conditions of a consumer's loan, the lender shall have thirty days after the postmark date of the notice, or the date of delivery if not mailed, to cure the alleged violation without incurring any fine or penalty or any required refund of any finance charges associated with the alleged violation. Nothing in this subsection (2) shall exempt a lender from making required refunds if the violation resulted in an overcharge or excess charge to the consumer.
(3) A lender shall have ninety days to comply with any rule, interpretation, or
opinion of the administrator that requires a lender to implement new policies or procedures that involve the reprinting of the lender's forms to include new disclosures, or that requires the lender to revise existing computer programs or add new computer programs to comply with the rule, interpretation, or opinion. During the ninety-day period, the administrator shall not deem the lender to be in violation of articles 1 to 9 of this title for noncompliance with the new rule, interpretation, or opinion.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1. L. 2001: (1)
amended, p. 30, � 13, effective March 9. L. 2004: (2) amended and (3) added, p. 319, � 7, effective July 1.
5-3.1-119. Applicability of other provisions of this title. The provisions of the
code, articles 1 to 9 of this title, apply to a lender unless such provisions are inconsistent with this article.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1.
5-3.1-120. Criminal culpability. A consumer shall not be subject to any
criminal penalty for entering into a deferred deposit loan agreement. A consumer shall not be subject to any criminal penalty in the event the instrument is dishonored, unless the consumer's account on which the instrument was written was closed before the agreed upon date of negotiation, subject to the provisions of section 18-5-205, C.R.S.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1.
5-3.1-121. Unfair or deceptive practices. (1) No person shall engage in unfair
or deceptive acts, practices, or advertising in connection with a deferred deposit loan.
(2) No person may engage in any device, subterfuge, or pretense to evade
the requirements of this article, including making loans disguised as a personal property sale, and leaseback transaction; disguising loan proceeds as a cash rebate for the pretextual installment sale of goods or services; or making, offering, guaranteeing, assisting, or arranging a consumer to obtain a loan with a greater rate of interest, consideration, or charge than is permitted by this article through any method including mail, telephone, internet, or any electronic means regardless of whether the person has a physical location in the state.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1. L. 2010:
Entire section amended, (HB 10-1351), ch. 267, p. 1224, � 7, effective August 11. Initiated 2018: (2) amended, Proposition 111, L. 2019, p. 4540, � 4, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Cross references: For the legislative declaration in the 2010 act amending
this section, see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-122. Unconscionability. (1) In applying the provisions of sections 5-5-109 and 5-6-112 to the actions of a lender, consideration shall be given to the
following, among other factors:
(a) The financial benefits of the loan to the consumer and the level of risk
incurred by the lender in extending credit;
(b) The absence of collateral other than the instrument executed by the
consumer payable to the lender;
(c) The relation between the amount and terms of credit granted and the
cost of making the loan.
(2) A lender shall require a consumer to fill out a loan application at least
once in each twelve-month period of time and shall maintain this application on file. The application shall be signed and dated by the consumer.
(3) (a) A lender shall require the consumer to provide a pay stub or other
evidence of income at least once each twelve-month period. Such evidence shall not be over forty-five days old when presented. If a lender requires a consumer to present a bank statement to secure a loan, the lender shall allow the consumer to delete from the statement the information regarding to whom the debits listed on the statement were payable.
(b) If the amount borrowed is not more than twenty-five percent of the
consumer's monthly gross income and benefits, as evidenced by a paycheck stub or otherwise substantiated, a lender shall not be obligated to investigate the consumer's continued debt position, and the consumer's ability to repay the loan need not be further demonstrated.
(4) If a lender complies with the requirements of subsections (2) and (3) of
this section, and the deferred deposit loan otherwise complies with this article and other applicable law, neither the consumer's inability to repay the loan nor the lender's decision to obtain or not obtain additional information concerning the consumer's creditworthiness shall be cause to determine that a loan is unconscionable.
Source: L. 2004: Entire section added, p. 320, � 8, effective July 1.
5-3.1-123. Use of multiple agreements for deferred deposit loans. If a
consumer obtains a deferred deposit loan voluntarily and separately from his or her spouse and the consumer's action is documented in writing, signed by the consumer, and retained by the lender, the transaction shall not be considered a violation of section 5-3-205.
Source: L. 2004: Entire section added, p. 320, � 9, effective July 1.
ARTICLE 3.5
Consumer Equity Protection
Law reviews: For article, The Colorado Equity Protection Act: A Response to
Predatory Lending Practices, see 32 Colo. Law. 79 (April 2003).
PART 1
OBLIGOR PROTECTION
5-3.5-101. Definitions. As used in this article, unless the context otherwise
requires:
(1) Bridge loan means temporary or short-term financing with a maturity of
less than eighteen months that requires payments of only interest until the entire unpaid balance is due and payable.
(2) Covered loan means a consumer credit transaction secured by property
located within this state that is considered a mortgage under section 152 of the federal Home Ownership and Equity Protection Act of 1994, 15 U.S.C. sec. 1602 (aa), as amended, and regulations adopted pursuant thereto by the federal reserve board, including, without limitation, 12 CFR 226.32, as amended; except that, if the total points and fees paid by the obligor at or before closing exceed six percent of the total loan amount, such loan shall be deemed to be a covered loan if the transaction otherwise meets the requirements of this subsection (2).
(3) Lender means any individual or entity that originates one or more
covered loans. The individual or entity to whom a covered loan is initially payable, either on the face of the note or contract or by agreement when there is no note or contract, shall be deemed to be the lender.
(4) Mortgage broker means a person other than an employee or exclusive
agent of a lender who, for compensation, brings an obligor and lender together to obtain a covered loan.
(5) Obligor means each obligor, co-obligor, co-signer, or grantor obligated
to repay a covered loan.
(6) Political subdivision means a county, city and county, city, town, service
authority, school district, local improvement district, law enforcement authority, city or county housing authority, or water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
(7) Principal balance means the amount financed plus prepaid finance
charges as defined in the federal Truth in Lending Act, 15 U.S.C. sec. 1601 et seq., as amended.
(8) Servicer has the same meaning as set forth in section 2605 (i)(2) of the
federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C. sec. 2601 et seq., as amended.
Source: L. 2002: Entire article added, p. 1594, � 1, effective June 7. L. 2003:
(2) amended, p. 1894, � 8, effective July 1.
5-3.5-102. Protection of obligors. (1) A covered loan is subject to the
following limitations:
(a) Limitation on balloon payment. No covered loan may contain a provision
for a scheduled payment that is more than twice as large as the average of earlier regularly scheduled payments, unless such balloon payment becomes due and payable not less than one hundred twenty months after the date of execution of the loan. This prohibition does not apply when the payment schedule is adjusted to account for the seasonal or irregular income of the obligor or if the purpose of the loan is a bridge loan connected with, or related to, the acquisition or construction of a dwelling intended to become the obligor's principal dwelling.
(b) No call provision. No covered loan may contain a call provision that
permits the lender, in its sole discretion, to accelerate the indebtedness. This prohibition shall not apply when:
(I) Acceleration of repayment of the loan is justified:
(A) By default in which the obligor fails to meet the repayment terms of the
agreement for any outstanding balance; or
(B) Pursuant to a due-on-sale provision;
(II) There is fraud or material misrepresentation by an obligor in connection
with the loan;
(III) There is a provision permitting acceleration if the lender, in good faith,
believes itself to be materially insecure or believes that the prospect of future payment has become materially impaired; or
(IV) There is any action or inaction by the obligor that adversely affects the
lender's security for the loan or any rights of the lender in such security.
(c) No negative amortization. No covered loan may contract for a payment
schedule with regular periodic payments that cause the principal balance to increase; except that this paragraph (c) shall not prohibit negative amortization as a consequence of a temporary forbearance or restructure sought by the obligor.
(d) No increased interest rate upon default. No covered loan may contract
for any increase in the interest rate as a result of a default; except that this paragraph (d) shall not apply to periodic interest rate changes in a variable rate loan that is otherwise consistent with the provisions of the loan agreement if the change in the interest rate is not occasioned by the event of default or a permissible acceleration of the indebtedness.
(e) Limitations on mandatory arbitration clauses. No covered loan may be
subject to a mandatory arbitration clause that:
(I) Does not comply with rules set forth by a nationally recognized arbitration
organization such as the American arbitration association;
(II) Does not require the arbitration proceeding to be conducted:
(A) Within the federal judicial district in which the subject property is
located;
(B) In the city nearest the obligor's residence where a federal district court is
located; or
(C) At such other location as may be mutually agreed upon by the parties;
(III) Does not require the lender to contribute at least fifty percent of the
amount of any filing fee; and
(IV) Does not require the lender to pay standard daily arbitration fees, both
its own and those of the obligor, for at least the first day of arbitration.
(f) No advance payments. No covered loan may include terms under which
any periodic payments required under the loan are paid in advance from the loan proceeds provided to the obligor.
(g) Limitations on prepayment fees. (I) First thirty-six months only. A
prepayment fee or penalty shall be permitted only on a refinance to a different lender other than pursuant to a sale and only during the first thirty-six months after the date of execution of a covered loan. Prepayment fees and penalties shall not exceed six months' interest for prepayment within the first three years of the loan. The prepayment fees or penalties permitted by this paragraph (g) shall apply only to covered loans that are secured by a first mortgage, deed of trust, or security interest to refinance, by amendment, payoff, or otherwise, an existing loan made to finance the acquisition or construction of a dwelling, including a refinance loan providing additional sums of money for any purpose, regardless of whether related to acquisition or construction. No prepayment fees or penalties shall be included in the loan documents or charged to the obligor for prepayment:
(A) After the third year of the loan;
(B) Pursuant to a refinance with the same lender; or
(C) That is partial.
(II) No prepayment fees for certain refinancing. No prepayment fee or
penalty may be charged on a refinancing of a covered loan if the covered loan being refinanced is owned by the refinancing lender at the time of such refinancing.
(III) Lender must offer choice. A lender shall not include a prepayment
penalty fee in a covered loan unless the lender offers the obligor the option of choosing a loan product without a prepayment penalty fee. A lender shall be deemed to have complied with this requirement if the obligor receives and executes the following disclosure, which may be incorporated with any other required disclosure:
LOAN PRODUCT CHOICE
I was provided with an offer to accept a product both with and without a
prepayment penalty provision. I have chosen to accept the product with /
without a prepayment penalty.
Source: L. 2002: Entire article added, p. 1595, � 1, effective June 7. L. 2003:
(1)(a) amended, p. 1894, � 9, effective July 1.
5-3.5-103. Restricted acts and practices. (1) The following acts and
practices are prohibited in the making of a covered loan:
(a) No lending without cautionary notice. (I) A lender may not make a
covered loan unless the lender or a mortgage broker has given the following notice, or a substantially similar notice, in writing to the obligor within a reasonable period of time after determining that the loan would result in a covered loan, but no later than the time by which the notice is required under the notice provision contained in 12 CFR 226.31 (c), as amended:
CONSUMER CAUTION
If you obtain this loan, the lender will have a mortgage in Colorado; this is a
deed of trust on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan. Mortgage loan rates and closing costs and fees vary based on many factors, including your particular credit and financial circumstances, your earnings history, the loan-to-value requested, and the type of property that will secure your loan. The loan rate and fees could vary based on which lender or broker you select.
You are not required to complete any loan agreement merely because you
have received these disclosures or have signed a loan application. If you proceed with this mortgage loan, you should also remember that you may face serious financial risks if you use this loan to pay off credit card debts and other debts in connection with this transaction and then later incur significant new credit card charges or other debts. If you continue to accumulate debt after this loan is closed and then experience financial difficulties, you could lose your home and any equity you have in it if you do not meet your mortgage loan obligations.
Property taxes and homeowner's insurance are your responsibility. Not all
lenders provide escrow services for these payments. You should ask your lender about these services.
Your payments on existing debts contribute to your credit ratings. You should
not accept any advice to ignore your regular payments to your existing creditors.
(II) It shall be a rebuttable presumption that a lender or broker has met its
obligation to provide this disclosure if the consumer provides the lender or broker with a signed acknowledgment of receipt of a copy of the notice set forth in subparagraph (I) of this paragraph (a).
(b) No lending without due regard to repayment ability. (I) A lender may not
make a covered loan to a consumer based on the consumer's collateral without regard to the consumer's repayment ability, including the consumer's current and expected income, current obligations, and employment.
(II) There is a presumption that a creditor has violated this paragraph (b) if
the creditor engages in a pattern or practice of making loans subject to 12 CFR 226.32 without verifying and documenting consumers' repayment abilities.
(III) (A) In the case of a stated income loan, the reasonable basis for believing
that there are sufficient funds to support the covered loan may not be based solely on the income stated by the obligor, but may include other information in the possession of the lender after the solicitation of all information that the lender customarily solicits in connection with stated income loans. A lender shall not knowingly or willfully originate a covered loan as a stated income loan with the intent of evading this subparagraph (III).
(B) A person who willfully and knowingly gives false or inaccurate
information or fails to provide information that the person is required to disclose pursuant to applicable law may have violated and may be subject to penalties established in 15 U.S.C. sec. 1611.
(c) Refinancing within a one-year period. Within one year after having
extended credit subject to this article, no lender shall refinance any covered loan to the same obligor into another covered loan unless the refinancing is in the obligor's interest. An assignee holding or servicing an extension of mortgage credit subject to this article shall not, for the remainder of the one-year period following the date of origination of the credit, refinance any covered loan to the same obligor into another covered loan unless the refinancing is in the obligor's interest. A creditor or assignee shall not engage in acts or practices to evade this paragraph (c), including a pattern or practice of arranging for the refinancing of its own loans by affiliated or unaffiliated creditors, or modifying a loan agreement, regardless of whether the existing loan is satisfied and replaced by the new loan, and charging a fee.
(d) No refinancing certain low-rate loans. A lender shall not replace or
consolidate a zero interest rate, or other low-rate, loan made by a governmental or nonprofit lender with a covered loan within the first ten years after the low-rate loan was made unless the current holder of the loan consents in writing to the refinancing. For purposes of this paragraph (d), a low-rate loan is a loan that carries a current interest rate two percentage points or more below the current yield on United States department of the treasury securities with a comparable maturity. If the loan's current interest rate is either a discounted introductory rate or a rate that automatically steps up over time, then the fully-indexed rate or the fully stepped-up rate, as appropriate, should be used in lieu of the current rate to determine whether a loan is a low-rate loan.
(e) Restrictions on covered loan proceeds to pay home improvement
contracts. A lender shall not pay a contractor under a home-improvement contract from the proceeds of a covered loan other than by an instrument payable to the obligor or jointly to the obligor and the contractor or, at the election of the obligor, through a third-party escrow agent in accordance with terms established in a written agreement signed by the obligor, the lender, and the contractor prior to the disbursement of funds to the contractor.
(f) No financing of credit insurance. No covered loan may include, directly or
indirectly, financing of any premiums for any credit life, credit disability, credit property, or credit unemployment insurance, any other life or health insurance products, or any payments for any debt cancellation or suspension agreement or contracts; except that calculated insurance premiums or debt cancellation or suspension fees paid on a monthly basis shall not be considered to have been financed by the lender for purposes of this paragraph (f).
(g) No recommending default. No lender shall recommend or encourage
default on an existing loan or other debt prior to and in connection with the closing or planned closing of a covered loan that refinances all or any portion of such existing loan or debt.
(h) No fee for payoff quote. No creditor may charge a fee for informing or
transmitting to any person the balance due to pay off a covered loan or to provide a release upon prepayment. A creditor shall provide a payoff balance within a reasonable time after a request, but in any event not more than five business days after a written request.
Source: L. 2002: Entire article added, p. 1597, � 1, effective June 7. L. 2003:
(1)(c) amended, p. 1894, � 10, effective July 1.
5-3.5-104. Reporting to credit bureaus. A lender or its servicer shall report
at least quarterly both the favorable and unfavorable payment history information of the obligor on payments due to the lender on a covered loan to a nationally recognized consumer credit reporting agency. This section shall not prevent a lender or its servicer from agreeing with the obligor not to report specified payment history information in the event of a resolved or unresolved dispute with an obligor, and shall not apply to covered loans held or serviced by a lender for less than ninety days.
Source: L. 2002: Entire article added, p. 1600, � 1, effective June 7.
PART 2
ENFORCEMENT AND LIABILITY
5-3.5-201. Enforcement - liability. The attorney general and any obligor of a
covered loan may enforce this article with respect to such covered loan in the manner provided for violations of the federal Home Ownership and Equity Protection Act of 1994, 15 U.S.C. sec. 1639, and regulations adopted pursuant thereto by the federal reserve board, including, without limitation, 12 CFR 226.32, as set forth in the federal Truth in Lending Act, 15 U.S.C. sec. 1640, and regulations adopted pursuant thereto by the federal reserve board, including the provisions on civil liability, class actions, rescission, correction, and bona fide error. Persons engaged in the purchase, sale, assignment, securitization, or servicing of covered loans shall be liable under this article for the action or inaction of persons originating such loans only in the manner and to the extent provided for violation of the federal Home Ownership and Equity Protection Act of 1994 and the federal Truth in Lending Act, 15 U.S.C. sec. 1641, and regulations adopted pursuant thereto by the federal reserve board.
Source: L. 2002: Entire article added, p. 1600, � 1, effective June 7.
PART 3
MISCELLANEOUS PROVISIONS
5-3.5-301. Effective date - applicability. Section 5-3.5-303 is intended to
restate and confirm the existing law of this state, namely that the laws of this state relating to the financial and lending activities are to be applied on a uniform, statewide basis. Parts 1 and 2 of this article shall take effect January 1, 2003. This part 3 shall take effect upon passage. This article shall apply to covered loans offered or entered into on or after January 1, 2003.
Source: L. 2002: Entire article added, p. 1601, � 1, effective June 7.
5-3.5-302. Severability. The provisions of this article are severable and if
any of its provisions are held unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this article. It is hereby declared to be the legislative intent that this article would have been adopted if the unconstitutional provisions had not been included.
Source: L. 2002: Entire article added, p. 1601, � 1, effective June 7.
5-3.5-303. Relationship to other laws. (1) General rule. All political
subdivisions of this state, including municipalities, shall be prohibited from enacting and enforcing ordinances, resolutions, and regulations pertaining to lending activities.
(2) Preemption. Any provision of this article 3.5 preempted by federal law
with respect to a national bank or federal savings association shall also, to the same extent, not apply to an operating subsidiary of a national bank or federal savings association that satisfies the requirements for operating subsidiaries established in 12 CFR 5.34, relating to operating subsidiaries, nor to a bank chartered under the laws of Colorado or any operating subsidiary of such a state chartered bank.
(3) Interpretation. The provisions of this article 3.5 shall be interpreted and
applied to the fullest extent practical in a manner consistent with applicable federal laws and regulations and shall not be deemed to constitute an attempt to override federal law.
Source: L. 2002: Entire article added, p. 1601, � 1, effective June 7. L. 2023:
(2) amended, (HB 23-1301), ch. 303, p. 1815, � 2, effective August 7.
ARTICLE 3.7
Consumer Credit Solicitation Protection
5-3.7-101. Consumer credit solicitation protection - definitions. (1) A
solicitor that makes a firm offer of credit for a lender credit card or a seller credit card to a consumer by mail solicitation and receives an acceptance of that offer that lists the address of the consumer accepting the offer as different from the address to which the offer was sent shall, prior to issuing or directing issuances of the lender credit card or seller credit card, verify that the consumer accepting the offer is the same consumer to whom the offer was sent.
(2) As used in this section, unless the context otherwise requires:
(a) Firm offer of credit shall have the same meaning as set forth in 15 U.S.C.
sec. 1681a (l).
(b) Solicitor means the person making the offer by mail solicitation and
does not include a card issuer or other creditor when that creditor or card issuer relies on an independent third party to provide the services.
(c) Verify means the use of commercially reasonable efforts to ascertain
that the consumer responding to a mail solicitation is the same consumer to whom the solicitation was directed. For the purposes of this article, a solicitor shall be deemed to verify that the consumer accepting a mail solicitation is the same consumer to whom the solicitation was directed if:
(I) A consumer responding at a telephone number appearing in a publicly
available directory or database as the telephone number of the consumer to whom the solicitation was mailed identifies himself or herself as the consumer to whom the solicitation was mailed and acknowledges the consumer's acceptance of the solicitation; or
(II) A consumer presents the solicitor, including presentation by facsimile
transmission or mail, the original or a copy of one or more documents, including a driver's license, social security card, passport, or any other identification document issued by a state or federal governmental agency, that, on the face of the document or documents, appears to confirm such consumer's identity as the consumer to whom a solicitation was mailed and the consumer acknowledges acceptance of the solicitation; or
(III) The solicitor verified, by any means adopted in federal regulations, that
the consumer accepting the solicitation is the consumer to whom the solicitation was directed; or
(IV) The solicitor verified by any other means, that under the standards and
practices of the industry in which the solicitor is engaged would be deemed sufficient, that the consumer accepting the solicitation is the same consumer to whom the solicitation was sent.
Source: L. 2004: Entire article added, p. 657, � 1, effective July 1.
ARTICLE 4
Insurance
Editor's note: This article was numbered as article 4 of chapter 73, C.R.S.
- This title was repealed and reenacted in 1971, and this article was subsequently repealed and reenacted in 2000, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
PART 1
INSURANCE IN GENERAL
C.R.S. § 5-4-108
5-4-108. Refund or credit required - amount. (1) (a) Except as provided in subsection (3) of this section, an appropriate refund or credit of unearned premiums shall be made to the person entitled thereto with respect to any separate charge made to the consumer for insurance if:
(I) The insurance is not provided or is provided for a shorter term than that
for which the charge to the consumer for insurance was computed; or
(II) The insurance terminates prior to the end of the term for which it was
written because of prepayment in full of the indebtedness or the insurance terminates for any other reason.
(b) All consumer credit insurance shall terminate upon prepayment in full of
the indebtedness.
(2) If a refund or credit of unearned premiums is required pursuant to the
provisions of subsection (1) of this section:
(a) The original creditor, if he or she is the holder of the indebtedness at the
time of prepayment, shall either promptly make the appropriate refund or credit or shall promptly notify the consumer and the insurer in writing that a refund or credit is due. Upon the receipt of notice that a refund or credit is due, the insurer shall promptly make an appropriate refund or credit of unearned premiums pursuant to the provisions of section 10-10-110 (2), C.R.S. For purposes of this section, original creditor means the person to whom the indebtedness was initially payable, and insurer means every person engaged as principal, indemnitor, surety, or contractor in the business of making contracts of insurance, excluding any licensed insurance agent.
(b) (I) The assignee, if the indebtedness has been assigned, shall either
promptly make the appropriate refund or credit or shall promptly notify the consumer, the original creditor, and the insurer, if known, in writing that a refund or credit is due. For the purposes of this section, assignee means a person other than the original creditor who at the time of prepayment holds the indebtedness.
(II) The original creditor, upon receipt of notice pursuant to subparagraph (I)
of this paragraph (b), shall either promptly make the appropriate refund or credit or shall promptly notify the insurer in writing that a refund or credit of unearned premiums is due.
(c) The insurer, upon the receipt of notice that a refund or credit is due
pursuant to paragraph (a) or (b) of this subsection (2), shall make an appropriate refund or credit of unearned premiums pursuant to the provisions of section 10-10-110 (2), C.R.S., and subsection (1) of this section.
(d) An assignee or original creditor gives notice pursuant to this section upon
delivery or mailing of the notice to the last address provided to him or her. Once an original creditor or an assignee has notified the appropriate party, as provided in paragraphs (a) and (b) of this subsection (2), the original creditor and the assignee shall have no further obligations.
(3) This article does not require a refund or credit of unearned premiums if:
(a) All refunds and credits due to the debtor under this article amount to less
than one dollar; or
(b) The charge for insurance is computed from time to time on the
outstanding balance of the indebtedness and the charge relates to only one premium period.
(4) Except as otherwise required, a refund or credit is not required because:
(a) The insurance is terminated by payment of proceeds under the policy; or
(b) The original creditor or assignee pays or accounts for premiums to the
insurer in the amounts and at the times determined by the agreement between them; or
(c) The original creditor or assignee receives directly or indirectly under any
policy of insurance a gain or advantage not prohibited by law.
(5) If a single type of insurance is terminated by the payment of proceeds
under the policy pursuant to paragraph (a) of subsection (4) of this section, a refund or credit of unearned premiums for all other types of consumer credit insurance issued on the same indebtedness shall be made if so required by the provisions of this section and section 10-10-110 (2), C.R.S.
(6) A refund or credit required by subsection (1) of this section is appropriate
as to amount if it is computed according to a method prescribed or approved by the commissioner of insurance or a formula filed by the insurer with the commissioner of insurance at least thirty days before the consumer's right to a refund or credit becomes determinable unless the method or formula is employed after the commissioner of insurance notifies the insurer that he or she disapproves it.
Source: L. 2000: Entire article R&RE, p. 1227, � 1, effective July 1.
Editor's note: This section is similar to former � 5-4-108, as it existed prior to
2000.
C.R.S. § 6-1-1305
6-1-1305. Responsibility according to role. (1) Controllers and processors shall meet their respective obligations established under this part 13.
(2) Processors shall adhere to the instructions of the controller and assist
the controller to meet its obligations under this part 13. Taking into account the nature of processing and the information available to the processor, the processor shall assist the controller by:
(a) Taking appropriate technical and organizational measures, insofar as this
is possible, for the fulfillment of the controller's obligation to respond to consumer requests to exercise their rights pursuant to section 6-1-1306;
(b) Helping to meet the controller's obligations in relation to the security of
processing the personal data and in relation to the notification of a breach of the security of the system pursuant to section 6-1-716; and
(c) Providing information to the controller necessary to enable the controller
to conduct and document any data protection assessments required by section 6-1-1309. The controller and processor are each responsible for only the measures allocated to them.
(3) Notwithstanding the instructions of the controller, a processor shall:
(a) Ensure that each person processing the personal data is subject to a duty
of confidentiality with respect to the data; and
(b) Engage a subcontractor only after providing the controller with an
opportunity to object and pursuant to a written contract in accordance with subsection (5) of this section that requires the subcontractor to meet the obligations of the processor with respect to the personal data.
(4) Taking into account the context of processing, the controller and the
processor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk and establish a clear allocation of the responsibilities between them to implement the measures.
(5) Processing by a processor must be governed by a contract between the
controller and the processor that is binding on both parties and that sets out:
(a) The processing instructions to which the processor is bound, including
the nature and purpose of the processing;
(b) The type of personal data subject to the processing, and the duration of
the processing;
(c) The requirements imposed by this subsection (5) and subsections (3) and
(4) of this section; and
(d) The following requirements:
(I) At the choice of the controller, the processor shall delete or return all
personal data to the controller as requested at the end of the provision of services, unless retention of the personal data is required by law;
(II) (A) The processor shall make available to the controller all information
necessary to demonstrate compliance with the obligations in this part 13; and
(B) The processor shall allow for, and contribute to, reasonable audits and
inspections by the controller or the controller's designated auditor. Alternatively, the processor may, with the controller's consent, arrange for a qualified and independent auditor to conduct, at least annually and at the processor's expense, an audit of the processor's policies and technical and organizational measures in support of the obligations under this part 13 using an appropriate and accepted control standard or framework and audit procedure for the audits as applicable. The processor shall provide a report of the audit to the controller upon request.
(6) In no event may a contract relieve a controller or a processor from the
liabilities imposed on them by virtue of its role in the processing relationship as defined by this part 13.
(7) Determining whether a person is acting as a controller or processor with
respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data are to be processed. A person that is not limited in its processing of personal data pursuant to a controller's instructions, or that fails to adhere to the instructions, is a controller and not a processor with respect to a specific processing of data. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor. If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, it is a controller with respect to the processing.
(8) (a) A controller or processor that discloses personal data to another
controller or processor in compliance with this part 13 does not violate this part 13 if the recipient processes the personal data in violation of this part 13, and, at the time of disclosing the personal data, the disclosing controller or processor did not have actual knowledge that the recipient intended to commit a violation.
(b) A controller or processor receiving personal data from a controller or
processor in compliance with this part 13 as specified in subsection (8)(a) of this section does not violate this part 13 if the controller or processor from which it receives the personal data fails to comply with applicable obligations under this part 13.
Source: L. 2021: Entire part added, (SB 21-190), ch. 483, p. 3455, � 1,
effective July 1, 2023.
C.R.S. § 6-1-1314
6-1-1314. Biometric data and biometric identifiers - controllers - duties and requirements - written policy - prohibited acts - right to correct biometric identifiers - right to access biometric identifiers - remedies and civil actions - rules - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Collect, collection, or collecting means to access, assemble, buy,
rent, gather, procure, receive, capture, or otherwise obtain any biometric identifier or biometric data pertaining to a consumer by any means, online or offline, including:
(I) Actively or passively receiving a biometric identifier or biometric data
from the consumer or from a third party; and
(II) Obtaining biometric data by observing the consumer's behavior.
(b) Employee means an individual who is employed full-time, part-time, or
on-call or who is hired as a contractor, subcontractor, intern, or fellow.
(c) Legally authorized representative means a parent or legal guardian of a
minor or a legal guardian of an adult.
(2) Written policy required. (a) A controller that controls or processes one
or more biometric identifiers shall adopt a written policy that:
(I) Establishes a retention schedule for biometric identifiers and biometric
data;
(II) Includes a protocol for responding to a data security incident that may
compromise the security of biometric identifiers or biometric data, including a process for notifying a consumer when the security of the consumer's biometric identifier or biometric data has been breached, pursuant to section 6-1-716; and
(III) Includes guidelines that require the deletion of a biometric identifier on
or before the earliest of the following dates:
(A) The date upon which the initial purpose for collecting the biometric
identifier has been satisfied;
(B) Twenty-four months after the consumer last interacted with the
controller; or
(C) The earliest reasonably feasible date, which date must be no more than
forty-five days after a controller determines that storage of the biometric identifier is no longer necessary, adequate, or relevant to the express processing purpose identified by a review conducted by the controller at least once annually. The controller may extend the forty-five-day period described in this subsection (2)(a)(III)(C) by up to forty-five additional days if such an extension is reasonably necessary, taking into account the complexity and number of biometric identifiers required to be deleted.
(b) A controller shall make its policy adopted pursuant to subsection (2)(a) of
this section available to the public; except that a controller is not required to make available to the public:
(I) A written policy that applies only to current employees of the controller;
(II) A written policy that is used solely by employees and agents of the
controller for the operation of the controller; or
(III) The internal protocol for responding to a data security incident that may
compromise the security of biometric identifiers or biometric data.
(3) Processors - security breach protocols. A processor of biometric
identifiers or biometric data must have a protocol for responding to a data security incident that may compromise the security of biometric identifiers or biometric data, including a process for notifying the controller when the security of a consumer's biometric identifier or biometric data has been breached, pursuant to section 6-1-716.
(4) Collection and retention of biometric identifiers - requirements -
prohibited acts. (a) A controller shall not collect or process a biometric identifier of a consumer unless the controller first:
(I) Satisfies all duties required by section 6-1-1308;
(II) Informs the consumer or the consumer's legally authorized
representative in a clear, reasonably accessible, and understandable manner that a biometric identifier is being collected;
(III) Informs the consumer or the consumer's legally authorized
representative in a clear, reasonably accessible, and understandable manner of the specific purpose for which a biometric identifier is being collected and the length of time that the controller will retain the biometric identifier; and
(IV) Informs the consumer or the consumer's legally authorized
representative in a clear, reasonably accessible, and understandable manner if the biometric identifier will be disclosed, redisclosed, or otherwise disseminated to a processor and the specific purpose for which the biometric identifier is being shared with a processor.
(b) A controller that processes a consumer's biometric identifier shall not:
(I) Sell, lease, or trade the biometric identifier with any entity; or
(II) Disclose, redisclose, or otherwise disseminate the biometric identifier
unless:
(A) The consumer or the consumer's legally authorized representative
consents to the disclosure, redisclosure, or other dissemination;
(B) The disclosure, redisclosure, or other dissemination is requested or
authorized by the consumer or the consumer's legally authorized representative for the purpose of completing a financial transaction;
(C) The disclosure, redisclosure, or other dissemination is to a processor and
is necessary for the purpose for which the biometric identifier was collected and to which the consumer or the consumer's legally authorized representative consented; or
(D) The disclosure, redisclosure, or other dissemination is required by state
or federal law.
(c) A controller shall not:
(I) Refuse to provide a good or service to a consumer based on the
consumer's refusal to consent to the controller's collection, use, disclosure, transfer, sale, retention, or processing of a biometric identifier unless the collection, use, disclosure, transfer, sale, retention, or processing of the biometric identifier is necessary to provide the good or service;
(II) Charge a different price or rate for a good or service or provide a
different level of quality of a good or service to any consumer who exercises the consumer's rights under this part 13; or
(III) Purchase a biometric identifier unless the controller pays the consumer
for the collection of the consumer's biometric identifier, the purchase is unrelated to the provision of a product or service to the consumer, and the controller has obtained consent as described in subsection (4)(a) of this section.
(d) A controller or processor shall store, transmit, and protect from
disclosure all biometric identifiers using the standard of care within the controller's industry and in accordance with sections 6-1-1305 (4) and 6-1-1308 (5).
(e) A controller shall obtain consent from a consumer or from the consumer's
legally authorized representative before collecting the consumer's biometric data, as required by section 6-1-1308 (7).
(5) Right to access biometric data - applicability - definition. (a) Except as
described in subsection (5)(b) of this section, at the request of a consumer or a consumer's legally authorized representative, a controller that collects the consumer's biometric data shall disclose to the consumer, free of charge, the category or description of the consumer's biometric data and the following information:
(I) The source from which the controller collected the biometric data;
(II) The purpose for which the controller collected or processed the biometric
data and any associated personal data;
(III) The identity of any third party with which the controller disclosed or
discloses the biometric data and the purposes for disclosing; and
(IV) The category or a description of the specific biometric data that the
controller discloses to third parties.
(b) The requirements of subsection (5)(a) of this section apply only to:
(I) A sole proprietorship, a partnership, a limited liability company, a
corporation, an association, or another legal entity that:
(A) Conducts business in Colorado or produces or delivers commercial
products or services that are marketed to Colorado residents;
(B) Collects biometric data or has biometric data collected on its behalf; and
(C) Either collects or processes the personal data of one hundred thousand
individuals or more during a calendar year or collects and processes the personal data of twenty-five thousand individuals or more and derives revenue from, or receives a discount on the price of goods or services from, the sale of personal data;
(II) A controller that controls or is controlled by another controller and that
shares common branding with the other controller. As used in this subsection (5)(b)(II), common branding means a shared name, service mark, or trademark that a consumer would reasonably understand to indicate that two or more entities are commonly owned.
(III) A joint venture or partnership consisting of no more than two businesses
that share consumers' personal data with each other.
(6) Use of consent by employers. (a) An employer may require as a
condition of employment that an employee or a prospective employee consent to allowing the employer to collect and process the employee's or the prospective employee's biometric identifier only to:
(I) Permit access to secure physical locations and secure electronic
hardware and software applications; except that an employer shall not obtain the employee's or prospective employee's consent to retain biometric data that is used for current employee location tracking or the tracking of how much time the employee spends using a hardware or software application;
(II) Record the commencement and conclusion of the employee's full work
day, including meal breaks and rest breaks in excess of thirty minutes;
(III) Improve or monitor workplace safety or security or ensure the safety or
security of employees; or
(IV) Improve or monitor the safety or security of the public in the event of an
emergency or crisis situation.
(b) An employer and its processor may collect and process an employee's or
prospective employee's biometric identifier for uses other than those described in subsection (6)(a) of this section only with the employee's or prospective employee's consent. An employer may not require that an employee or prospective employee consent to such collection or processing as a condition of employment or retaliate against an employee or prospective employee who does not consent to such collection or processing.
(c) So long as consent that is obtained for collection and processing as
described in this section satisfies the definition of consent provided in section 6-1-1303 (5), consent is considered to be freely given and valid for the purposes described in subsection (6)(a) of this section.
(d) Nothing in this section restricts an employer's or its processor's ability to
collect and process an employee's or prospective employee's biometric identifier for uses aligned with the reasonable expectations of:
(I) An employee based on the employee's job description or role; or
(II) A prospective employee based on a reasonable background check, an
application, or identification requirements in accordance with this section.
(7) Rules. The department of law may promulgate rules for the
implementation of this section, including rules promulgated in consultation with the office of information technology and the department of regulatory agencies establishing appropriate security standards for biometric identifiers and biometric data that are more stringent than the requirements described in this section.
Source: L. 2024: Entire section added, (HB 24-1130), ch. 313, p. 2102, � 2,
effective July 1, 2025.
Cross references: For the legislative declaration in HB 24-1130, see section 1
of chapter 313, Session Laws of Colorado 2024.
PART 14
ONLINE MARKETPLACES
C.R.S. § 6-1-1503
6-1-1503. Manufacturer obligations regarding services - exemptions. (1) [Editor's note: This version of subsection (1) is effective until January 1, 2026.] Except as provided in subsection (2) of this section:
(a) For the purpose of providing services for equipment in the state, an
original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer's equipment any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data that are intended for use with the equipment or any part, including updates to documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data.
(b) With respect to equipment that contains an electronic security lock or
other security- related function, a manufacturer shall, with fair and reasonable terms and costs, make available to independent repair providers and owners any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data available to independent repair providers and owners through appropriate secure release systems.
(1) [Editor's note: This version of subsection (1) is effective January 1, 2026.]
Except as provided in subsections (2) and (5) of this section:
(a) (I) For the purpose of providing services for digital electronic equipment,
agricultural equipment, or powered wheelchairs in the state, an original equipment manufacturer shall, with fair and reasonable terms and costs, as applied to agricultural equipment or powered wheelchairs, or fair and reasonable terms and costs for digital electronic equipment, make available to an independent repair provider or owner of the manufacturer's digital electronic equipment, agricultural equipment, or powered wheelchair any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, or tools that are intended for use with the digital electronic equipment, agricultural equipment, or powered wheelchair or any part, including updates to documentation, parts, embedded software, embedded software for agricultural equipment, firmware, or tools.
(II) A manufacturer shall make available to an independent repair provider or
owner, on fair and reasonable terms, any documentation, embedded software, tool, part, or other device or implement that the manufacturer provides for effecting the services of maintenance, repair, or diagnosis on the manufacturer's digital electronic equipment.
(III) With respect to parts, a manufacturer complies with this subsection (1)(a)
if a contractor makes the parts available to an independent repair provider or owner on behalf of the manufacturer.
(a.5) For the purpose of providing services for agricultural equipment in the
state, a manufacturer shall, with fair and reasonable terms and costs and with owner authorization, make data available to an independent provider or owner, including updates to the data.
(b) (I) With respect to agricultural equipment or a powered wheelchair that
contains an electronic security lock or other security- related function, a manufacturer shall, with fair and reasonable terms and costs, as applied to agricultural equipment or powered wheelchairs, make available to independent repair providers and owners any documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, embedded software for agricultural equipment, firmware, tools, or, with owner authorization, data available to independent repair providers and owners through appropriate secure release systems.
(II) The requirement set forth in subsection (1)(b)(I) of this section does not
apply to digital electronic equipment.
(2) (a) Subsection (1) of this section does not apply to:
(I) A part that is no longer available to the original equipment manufacturer;
and
(II) [Editor's note: This version of subsection (2)(a)(II) is effective until
January 1, 2026.] Conduct that would require the manufacturer to divulge a trade secret; except that a manufacturer shall not refuse to make available to an independent repair provider or owner any documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data necessary to provide services on grounds that the documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data itself is a trade secret.
(II) [Editor's note: This version of subsection (2)(a)(II) is effective January 1,
2026.] Conduct that would require the original equipment manufacturer of digital electronic equipment, agricultural equipment, or powered wheelchairs to divulge a trade secret; except that a manufacturer shall not refuse to make available to an independent repair provider or owner any documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data necessary to provide services on grounds that the documentation, part, embedded software, embedded software for agricultural equipment, firmware, tool, or, with owner authorization, data itself is a trade secret.
(b) (I) A manufacturer may redact documentation to remove trade secrets
from the documentation before providing access to the documentation if the usability of the redacted documentation for the purpose of providing services is not diminished.
(II) A manufacturer may withhold information regarding a component of,
design of, functionality of, or process of developing a part, embedded software, embedded software for agricultural equipment, firmware, or a tool if the information is a trade secret and the usability of the part, embedded software, embedded software for agricultural equipment, firmware, or tool for the purpose of providing services is not diminished.
(3) [Editor's note: This version of the introductory portion of subsection (3) is
effective until January 1, 2026.] Neither an original equipment manufacturer nor an equipment dealer is liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause:
(3) [Editor's note: This version of the introductory portion of subsection (3) is
effective January 1, 2026.] Neither an original equipment manufacturer nor an agricultural equipment dealer is liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause:
(a) [Editor's note: This version of subsection (3)(a) is effective until January
1, 2026.] Damage to powered wheelchairs or agricultural equipment that occurs during such repairs;
(a) [Editor's note: This version of subsection (3)(a) is effective January 1,
2026.] Damage to digital electronic equipment, powered wheelchairs, or agricultural equipment that occurs during such repairs;
(b) Any indirect, incidental, special, or consequential damages; or
(c) [Editor's note: This version of subsection (3)(c) is effective until January 1,
2026.] An inability to use, or a reduced functionality of, a powered wheelchair or piece of agricultural equipment resulting from the faulty or otherwise improper repair.
(c) [Editor's note: This version of subsection (3)(c) is effective January 1,
2026.] An inability to use, or a reduced functionality of, a piece of digital electronic equipment, powered wheelchair, or piece of agricultural equipment resulting from the faulty or otherwise improper repair.
(4) A manufacturer that provides data to an independent repair provider in
compliance with this part 15 is neither responsible nor liable to the owner, the independent repair provider, or another party for any action that the independent repair provider or another party takes while using or relying on the data.
(5) With respect to digital electronic equipment, this part 15 does not apply
to:
(a) A person acting in the person's official capacity as a motor vehicle
manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer;
(b) Any product or service of a person acting in the person's official capacity
as a motor vehicle manufacturer, manufacturer of motor vehicle equipment, or motor vehicle dealer;
(c) A manufacturer or distributor of a medical device or any product or
service that the manufacturer or distributor of a medical device offers; except that this part 15 applies to powered wheelchairs;
(d) Any digital electronic equipment product or software manufactured for
use in a medical setting, including diagnostic, monitoring, or control digital equipment;
(e) Industrial, utility, construction, compact construction, mining, forestry, or
road-building digital equipment;
(f) Electric vehicle charging infrastructure equipment;
(g) Outside-the-meter commercial or industrial electrical equipment,
including power distribution equipment, and any tools, attachments, accessories, components, and replacement and repair parts of the electrical equipment;
(h) Portable generators, energy storage systems, fuel cell power systems, or
power tools;
(i) Marine vessels, aviation, all-terrain sport vehicles, and recreational
vehicles, including racing vehicles;
(j) Safety communications equipment, the intended use of which is for
emergency response or prevention purposes by an emergency system organization, such as a police, fire, life safety, or medical and emergency rescue services agency;
(k) Equipment installed for the purpose of energy storage, renewable power
generation, power management, or distribution;
(l) Set top boxes, modems, routers, or all-in-one devices delivering internet,
video, and voice services that are distributed by a video, internet, or voice service provider if the service provider offers equivalent or better, readily available replacement equipment at no charge to the customer;
(m) Video game consoles; or
(n) Fire alarm systems, intrusion detection equipment that is provided with a
security monitoring service, life safety systems, and physical access control equipment, including electronic keypads and similar building access control electronics.
(o) [Editor's note: Subsection (5)(o) is effective January 1, 2026.] Devices,
components, or systems designed to perform or facilitate quantum information processing, including, solely to the extent necessary for such processing, storing, computing, communicating, measuring, or sensing quantum information, through manipulation, measurement, sensing, or utilization of quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, including quantum superposition, quantum entanglement, quantum interference, quantum tunneling, or quantum transduction; or
(p) [Editor's note: Subsection (5)(p) is effective January 1, 2026.] Quantum
sensing devices that exploit quantum phenomena, limited to instances where the phenomena are integral to the device's primary function, such as quantum coherence, quantum entanglement, quantized energy states that do not include the semiconductor band gap phenomenon, quantum squeezing, quantum superposition, quantum interference, quantum transduction, or quantum tunneling, to detect, measure, or monitor physical quantities, environmental parameters, or external stimuli.
(6) [Editor's note: Subsection (6) is effective January 1, 2026.] With respect
to digital electronic equipment, nothing in this section:
(a) Requires a manufacturer to license any intellectual property, including
obtaining a copyright or patent for any intellectual property, unless such licensing is necessary for providing services;
(b) Requires the distribution of a product's source code;
(c) Requires a manufacturer to make available special documentation, tools,
or parts that would disable or override any privacy or anti-theft security measures for the owner's digital electronic equipment that the owner has set for the digital equipment;
(d) Requires a manufacturer to make available documentation or tools used
exclusively for repairs that are completed by machines that operate on several pieces of digital electronic equipment simultaneously if the manufacturer makes available to owners and independent repair providers sufficient alternative documentation or tools for the diagnosis, maintenance, or repair of digital electronic equipment;
(e) Shall be construed to require any original equipment manufacturer or
authorized repair provider to make available any parts, tools, or documentation required for the diagnosis, maintenance, or repair of digital electronic equipment in a manner that is inconsistent with or in violation of any federal laws, such as federal laws regarding gaming and entertainment consoles, related software, and components; or
(f) Requires a manufacturer to provide or make available a tool or
documentation to an independent repair provider or owner if the manufacturer itself uses the tool or documentation only to perform, at no cost, diagnostic services virtually through use of a telephone, the internet, chat, email, or other similar means of communication that do not involve the manufacturer physically handling the customer's digital electronic equipment, unless the manufacturer also makes the tool or documentation available to an individual or business that is unaffiliated with the manufacturer.
(7) [Editor's note: Subsection (7) is effective January 1, 2026.]
(a) Except as provided in subsection (7)(b) of this section, for digital electronic equipment that is manufactured for the first time and sold or used in the state after January 1, 2026, a manufacturer shall not use parts pairing to:
(I) Prevent an independent repair provider or owner from installing or
enabling, or inhibit an independent repair provider's or owner's ability to install or enable, the function of an otherwise functional replacement part or component of digital electronic equipment, including a replacement part or component that the manufacturer has not approved;
(II) Reduce the functionality or performance of digital electronic equipment;
or
(III) Cause digital electronic equipment to display misleading alerts or
warnings about unidentified parts, particularly if the alerts or warnings cannot immediately be dismissed by the owner.
(b) Nothing in this part 15 prohibits:
(I) The use of parts pairing to enable digital electronic equipment to record,
catalog, and display information related to repairs done on that digital electronic equipment; or
(II) A manufacturer's use of parts pairing for standalone biometric
components used for authentication purposes in digital electronic equipment, which components are not bundled in commonly replaced parts, such as a device's screen, keyboard, ports, or battery.
(8) [Editor's note: Subsection (8) is effective January 1, 2026.] Before
providing services for digital electronic equipment, an independent repair provider shall provide the owner seeking services written notice, provided on site and in a conspicuous location at the independent repair provider's premises for providing services or provided in an email to the owner, indicating:
(a) That the independent repair provider is not an authorized repair provider
of the digital equipment's manufacturer; and
(b) Whether the independent repair provider, in providing services, uses any
new or used replacement parts obtained from a supplier other than the manufacturer.
(9) [Editor's note: Subsection (9) is effective January 1, 2026.] An original
equipment manufacturer is not responsible for the quality or functionality of parts provided by a third-party parts manufacturer.
(10) [Editor's note: Subsection (10) is effective January 1, 2026.] Nothing in
this part 15 authorizes an owner or independent repair provider to alter digital electronic equipment in a manner that brings the equipment out of compliance with any applicable federal or state laws, including any applicable federal or state rules or regulations.
Source: L. 2022: Entire part added, (HB 22-1031), ch. 327, p. 2310, � 2,
effective January 1, 2023. L. 2023: (1), (2)(a)(II), (2)(b)(II), IP(3), (3)(a), and (3)(c) amended and (4) added, (HB 23-1011), ch. 107, p. 386, � 3, effective January 1, 2024. L. 2024: (1), (2)(a)(II), IP(3), (3)(a), and (3)(c) amended and (5) to (10) added, (HB 24-1121), ch. 258, p. 1706, � 2, effective January 1, 2026. L. 2025: (5)(o) and (5)(p) added, (HB 25-1330), ch. 408, p. 2323, � 2, effective January 1, 2026.
Cross references: For the short title (Entanglement Exception Act) in HB
25-1330, see section 1 of chapter 408, Session Laws of Colorado 2025.
C.R.S. § 6-1-1801
6-1-1801. Definitions. As used in this part 18, unless the context otherwise requires:
(1) (a) Agreement means an agreement between a solar sales company and
a consumer that is in the form of:
(I) A contract for the purchase of a residential solar electric system or
residential battery energy storage system;
(II) A lease for a third-party-owned residential solar electric system or
residential battery energy storage system; or
(III) A power purchase agreement.
(b) Agreement includes both cash purchases and financed purchases of
residential solar electric systems or residential battery energy storage systems.
(2) Consumer means an individual who seeks or acquires a residential solar
electric system or residential battery energy storage system for personal, family, or household purposes.
(3) Financing agreement means an agreement involving credit offered or
extended to a consumer to acquire a residential solar electric system or residential battery energy storage system primarily used for personal, family, or household purposes.
(4) Lease means a contract in the form of a bailment or lease for the use of
a residential solar electric system or residential battery energy storage system by a consumer primarily used for personal, family, or household purposes, for a period exceeding four months and for a total contractual obligation not exceeding the applicable threshold amount, pursuant to applicable federal regulations, whether or not the lessee has the option to purchase or otherwise become the owner of the residential solar electric system or residential battery energy storage system upon the expiration of the lease.
(5) Power purchase agreement means a financial agreement in which a
solar sales company arranges for the design, permitting, financing, and installation of a residential solar electric system or residential battery energy storage system and sells the power generated from or stored by the system to a consumer.
(6) Residential battery energy storage system means a system or facility
that:
(a) Stores electricity to be used at a later time;
(b) Uses solar energy or grid energy to recharge;
(c) Is located on the real property of a customer of an electric utility;
(d) Is connected on the customer's side of the electricity meter;
(e) Provides stored electricity primarily to offset customer load on the
customer's real property; and
(f) Is primarily used for personal, family, or household purposes.
(7) Residential solar electric system means a system or facility that:
(a) Uses solar energy to generate electricity;
(b) Is located on the real property of a customer of an electric utility;
(c) Is connected on the customer's side of the electricity meter;
(d) Provides electricity primarily to offset customer load on the customer's
real property; and
(e) Is primarily used for personal, family, or household purposes.
(8) Salesperson means an employee of or independent contractor hired by
a solar sales company who solicits, sells, negotiates, or executes agreements for residential solar electric systems or residential battery energy storage systems.
(9) (a) Solar installation company means an entity that installs a residential
solar electric system or residential battery energy storage system on behalf of a consumer or a third party from whom a consumer will:
(I) Lease the residential solar electric system or residential battery energy
storage system; or
(II) Purchase electricity generated by the system.
(b) Solar installation company does not include:
(I) An entity that is a third-party owner or financier of a residential solar
electric system or residential battery energy storage system that does not install the system; or
(II) A consumer who self-installs a residential solar electric system or
residential battery energy storage system.
(10) (a) Solar sales company means:
(I) An entity that engages in a transaction with a consumer to sell, or
negotiate or execute a contract for the sale of, a residential solar electric system or residential battery energy storage system; or
(II) An entity that engages in a transaction with a consumer to lease, or enter
into a power purchase agreement for, a residential solar electric system or residential battery energy storage system that is owned by a third party from whom the consumer will:
(A) Lease the residential solar electric system or residential battery energy
storage system; or
(B) Purchase electricity generated from or stored by the system.
(b) Solar sales company includes a person that engages in the sale of a
residential solar electric system or residential battery energy storage system that is not registered with the Colorado secretary of state.
(c) Solar sales company does not include:
(I) An entity that is a third-party owner or financier of a residential solar
electric system or residential battery energy storage system that does not sell the system; or
(II) A consumer who self-installs a residential solar electric system or
residential battery energy storage system.
(11) System means a residential solar electric system or residential battery
energy storage system.
(12) Uniform Commercial Code means the Uniform Commercial Code
codified in title 4.
Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2420, � 2,
effective August 6.
C.R.S. § 6-1-1806
6-1-1806. Salespersons. (1) An independent contractor may be retained by a solar sales company as a salesperson. Notwithstanding the salesperson's status as an independent contractor, the solar sales company that employs the independent contractor as a salesperson is responsible for ensuring compliance with this part 18 and for any loss or damages resulting from noncompliance by the independent contractor when acting on behalf of the solar sales company.
(2) A salesperson may be employed by more than one solar sales company.
(3) In the absence of a state law or local government ordinance, a
salesperson shall not visit a residence to conduct a sale except between the hours of 9 a.m. and 8 p.m.
(4) Notwithstanding subsection (3) of this section, a consumer may schedule
a meeting with a salesperson between the hours of 8 p.m. and 9 a.m.
(5) A salesperson shall not visit a residence that has posted a no
solicitation sign.
Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2431, � 2,
effective August 6.
C.R.S. § 6-1-1812
6-1-1812. Investor-owned utility disclosures and oversight of available customer incentives. (1) An investor-owned utility that serves more than five hundred thousand customers that offers financial incentives for residential solar electric systems or residential battery energy storage systems shall clearly and prominently provide the following information on the utility's website:
(a) Information on the amount of financial incentives available for such
systems, including information about the amount of budget that has already been spent to date and information about when the budget was last updated;
(b) Information about how a customer or contractor can apply for the
financial incentives; and
(c) Information about the point in the process in which a customer may
secure financial incentives from a utility program.
Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2433, � 2,
effective August 6.
ARTICLE 2
Unfair Practices Act
C.R.S. § 6-1-703.5
6-1-703.5. Time share resale transfer agreements - deceptive trade practices. (1) A time share resale entity engages in a deceptive trade practice when the entity fails to include in a time share resale transfer agreement the following information:
(a) The name, telephone number, and physical address of the time share
resale entity and the name and address of any agent or third-party service provider who will perform any of the time share resale services for that time share resale entity;
(b) A description of the applicable resale time share legally sufficient for
recording or other legal transfer;
(c) A description of the method or documentation by which the transfer of
the resale time share will be completed, including whether:
(I) The owner of the resale time share will retain any interest in the resale
time share following the transfer; and
(II) The owner of the resale time share must grant a power of attorney or
otherwise delegate any authority necessary to complete the transfer of the resale time share and the scope of the authority delegated by the owner of the resale time share;
(d) If the owner of the resale time share will retain any interest in the resale
time share, a description of the interests retained by the owner of the resale time share;
(e) A listing of any fees, costs, or other consideration that the owner of the
resale time share must pay or reimburse for performance of the time share resale service;
(f) A statement that neither the time share resale entity nor any affiliate or
agent of the entity shall collect from the owner of the resale time share any fees, costs, or other consideration until the time share resale entity:
(I) Provides the owner of the resale time share a copy of the recordable deed
or other equivalent written evidence clearly demonstrating that the resale time share has been transferred to a subsequent transferee in accordance with the time share resale transfer agreement and applicable law; and
(II) Satisfies all other requirements of this section;
(g) The date by which all acts sufficient to transfer the resale time share in
accordance with the time share resale transfer agreement are estimated to be completed. The time share resale entity shall use commercially reasonable good faith efforts to complete the transfer of the subject time share within the estimated period. Commercially reasonable good faith efforts include making a request to the association of time share owners pursuant to section 38-33.3-316 (8), C.R.S., for a written statement detailing unpaid assessments levied against the time share.
(h) A statement as to whether any person, including the owner of the resale
time share, may occupy, rent, exchange, or otherwise exercise any form of use of the resale time share during the term of the time share resale transfer agreement;
(i) The name of any person, other than the owner of the resale time share,
who will receive any rents, profits, or other consideration or thing of value, if any, generated from the transfer of the applicable resale time share or the use of the applicable resale time share during the term of the time share resale transfer agreement;
(j) The following statement clearly and conspicuously and in substantially
the following form:
We [name of time share resale entity] will use commercially reasonable good faith efforts to transfer ownership of your resale time share to another person within the period we estimate for completing the transfer. Until the transfer of ownership is complete, you, the resale time share owner, will continue to be responsible for the payment of all costs and fees associated with your resale time share, including, as applicable, regular assessments, special assessments, and real and personal property taxes.
(k) A statement that the time share resale entity will notify the following
persons or entities, in writing, when ownership of the resale time share is transferred, as applicable:
(I) The association of time share owners or other persons responsible for
managing or operating the plan or arrangement by which the rights or interests associated with the applicable time share resale are utilized; and
(II) The exchange company operating any exchange program that the resale
time share was part of at the time the transfer was completed.
(2) In making the disclosures required under this section, the time share
resale entity may rely upon information provided in writing by the owner of the applicable resale time share or the developer, association of time share owners, or other person responsible for managing or operating the plan or arrangement by which the rights or interests associated with the applicable resale time share are utilized.
(3) A time share resale entity shall not transfer or offer to assist in
transferring a resale time share, or receive consideration in connection with the transfer of a resale time share, if the time share resale entity knows that the transferee does not have the ability or the intent to fulfill the obligations of ownership of the resale time share, including the obligation to pay all assessments and taxes incurred in connection with ownership of the resale time share. If a time share resale entity transfers or offers to transfer, or receives compensation in connection with the transfer of, a resale time share to a person who has a demonstrated pattern of nonpayment of assessments or taxes or the demonstrated inability to meet payment obligations, the actions of the time share resale entity are prima facie evidence of a violation of this subsection (3).
(4) A time share resale entity shall supervise, manage, and control all
aspects of the time share resale transfer agreement and the offering of the resale time share by any affiliate, agent, contractor, or employee of that time share resale entity. A violation of this section is a violation by the time share resale entity and by the person actually committing the conduct that constitutes the violation.
(5) If a time share resale entity engages in an act that is prohibited by this
section, either directly or as a means to avoid or circumvent the purpose of this section, a person injured by the act may bring a private civil action pursuant to section 6-1-113.
Source: L. 2013: Entire section added, (SB 13-182), ch. 166, p. 543, � 3,
effective August 7.
C.R.S. § 6-16-104.6
6-16-104.6. Paid solicitors - annual registration - filing of contracts - fees. (1) (a) No person shall act as a paid solicitor without first complying with the requirements of this section.
(b) Every paid solicitor shall register in accordance with subsection (3) of this
section before soliciting contributions in this state.
(2) Every contract between a paid solicitor and a charitable organization or
sponsor for each solicitation campaign shall be in writing and shall be signed by an authorized official of the charitable organization or sponsor, who shall be a member of the organization's governing body, and by the paid solicitor if the paid solicitor is an individual or by the authorized contracting officer for the paid solicitor if the paid solicitor is not an individual. The paid solicitor shall provide a copy of the contract to the charitable organization prior to the performance of any material services under the contract and shall make a copy of the contract available to the secretary of state upon request. The contract shall contain all of the following provisions:
(a) A statement of the charitable purpose for which the solicitation campaign
is being conducted;
(b) A statement of the respective obligations of the paid solicitor and the
charitable organization;
(c) A statement of the specified minimum percentage, if any, of the gross
receipts from contributions that will be remitted to the charitable organization, or, if the solicitation involves the sale of goods, services, or tickets to a fundraising event, the specified minimum percentage, if any, of the purchase price that will be remitted to the charitable organization. Any stated percentage shall exclude any amount payable by the charitable organization as fundraising costs.
(d) A statement of the specified percentage, if any, of gross revenue that
constitutes the paid solicitor's compensation. If the paid solicitor's compensation is not contingent upon the number of contributions or the amount received, the paid solicitor's compensation shall be expressed as a reasonable estimate of the percentage of gross revenue, and the contract shall clearly disclose the assumptions upon which such estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted.
(e) The effective and termination dates of the contract.
(3) Applications for registration or renewal of registration must be submitted
on a form prescribed by the secretary of state, signed and affirmed under penalty of perjury as defined in section 18-8-503, and must include the following information:
(a) The address and telephone number of the principal place of business of
the applicant and the address and telephone number of any office located in this state if the principal place of business is located outside the state;
(b) The form of the applicant's business and, if the applicant is not an
individual, the place and date when the applicant was incorporated or otherwise legally established;
(c) The name, address, and telephone number of the person that has custody
of the applicant's financial records;
(d) If the applicant is not an individual, the names and addresses of the
owners, officers, and executive personnel of the applicant;
(e) The names of all persons in charge of any solicitation activity conducted
in this state by the applicant or on the applicant's behalf;
(f) Whether the applicant, any person with a controlling interest in the
applicant, or any of the applicant's owners, officers, directors, trustees, employees, or agents has, within the immediately preceding five years, been convicted of, found guilty of, pled guilty or nolo contendere to, been adjudicated a juvenile violator of, or been incarcerated for any felony involving fraud, theft, larceny, embezzlement, fraudulent conversion, or misappropriation of property or any crime arising from the conduct of a solicitation for a charitable organization or sponsor, under the laws of this or any other state or of the United States, and if so, the name of such person, the nature of the offense, the date of the offense, the court having jurisdiction in the case, the date of conviction or other disposition, and the disposition of the offense;
(g) Whether the applicant or any of its owners, officers, directors, trustees,
or employees have been enjoined from violating any law relating to a charitable solicitation and, if so, the name of such person, the date of the injunction, and the court issuing the injunction;
(h) Whether the applicant is registered with or otherwise authorized by any
other state to act as a paid solicitor;
(i) Whether the applicant has had such registration or authority denied,
suspended, revoked, or enjoined by any court or other governmental authority in this state or another state; and
(j) Whether the applicant or any officer, director, or employee of the
applicant serves on the board of directors of a charitable organization, directs the operations of a charitable organization, or otherwise has a financial interest in a charitable organization for which the applicant solicits contributions. If this relationship exists between the applicant and the charitable organization, the application must include a statement that the relationship meets the standards set forth in section 7-128-501 (3), C.R.S., regarding conflict of interest transactions.
(3.5) (a) Before any paid solicitor is registered, the applicant shall procure
and file with the secretary of state evidence of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or a good and sufficient bond in the amount of fifteen thousand dollars issued by a corporate surety duly licensed to do business within the state, approved as to form by the attorney general of the state, and conditioned that the applicant shall perform in good faith as a paid solicitor without fraud or fraudulent representation and without the violation of any provision of this article.
(b) No corporate surety is required to make any payment to any person
claiming a bond issued under this subsection (3.5) until a final determination of fraud or fraudulent representation has been made by the secretary of state or by a court of competent jurisdiction.
(c) All bonds required under this section must be renewed annually at the
same time as the bondholder's license is renewed. Renewal of the bond may be done through a continuation certificate issued by the surety.
(4) The application for registration or for renewal shall be accompanied by
the fee established pursuant to subsection (12) of this section. A paid solicitor that is a partnership, corporation, or limited liability company may register for and pay a single fee on behalf of all its partners, members, officers, directors, agents, and employees. In such case, the names and street addresses of all the partners, members, officers, directors, employees, and agents of the paid solicitor and all other persons with whom the paid solicitor has contracted to work under its direction shall be listed in the application or furnished to the secretary of state within five days after the date of employment or contractual arrangement.
(5) Each registration is valid for a period of one year and may be renewed, on
or before the anniversary date, for an additional one-year period upon application to the secretary of state and payment of the registration fee and any assessed fines. Any material changes to the information contained in the application for registration must be reported in writing to the secretary of state within thirty days.
(6) The secretary of state shall examine each registration to determine
whether the applicable requirements of this section are satisfied. The secretary of state shall notify the applicant within ten days after receipt of its application of any deficiencies therein, otherwise the application shall be deemed approved as filed. The secretary of state shall issue each approved applicant a registration number.
(7) No later than fifteen days before the commencement of a solicitation
campaign, the paid solicitor shall file with the secretary of state a completed solicitation notice, on forms prescribed by the secretary of state, containing the following information:
(a) A summary of the governing contract, as specified in subsection (2) of
this section;
(b) The full legal name and address of the paid solicitor who will be
conducting the solicitation campaign and the full legal name and address of each person responsible for directing and supervising the conduct of the campaign;
(c) A statement, in accordance with section 6-16-111 (1)(f) and (1)(g), of the
nature of the intended solicitation campaign, including the means of communication to be used in the campaign, the projected commencement and conclusion dates of the campaign, and a description of any event the campaign will lead up to;
(d) A full and fair statement, in accordance with section 6-16-111 (1)(f) and
(1)(g), of the charitable purpose for which the solicitation campaign is being carried out;
(e) Each location and telephone number, if applicable, from which the
solicitation is to be conducted;
(f) A statement as to whether the paid solicitor will at any time have custody
of contributions;
(g) The account number and location of each bank account where receipts
from the campaign are to be deposited;
(h) The address where records and accounting concerning the solicitation
campaign are being kept; and
(i) A certification statement, signed and affirmed under penalty of perjury as
defined in section 18-8-503 by an officer of the charitable organization on the behalf of whom the solicitation campaign is to occur, stating that the solicitation notice and accompanying material are true and complete to the best of his or her knowledge.
(8) If a paid solicitor will have custody of any monetary contribution received
during a solicitation campaign, each such contribution must be deposited within two business days after its receipt in an account at a bank or other federally insured financial institution. The account must be in the name of the charitable organization with whom the paid solicitor has contracted, and the charitable organization must have sole control over all withdrawals from the account.
(9) Within ninety days after a solicitation campaign has been concluded, and
on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall provide to the charitable organization and file with the secretary of state a financial report of the campaign, including gross proceeds and an itemization of all expenses or disbursements for any purpose. The report must be on a form prescribed by the secretary of state and must be signed and affirmed under penalty of perjury as defined in section 18-8-503 by the paid solicitor, or, if the paid solicitor is not an individual, by an authorized official of the paid solicitor, and by an authorized official of the charitable organization. The persons signing the report shall certify that the financial report is true and complete to the best of their knowledge.
(10) No person may act as a paid solicitor and no paid solicitor required to be
registered under this section shall knowingly employ any person as an officer, trustee, director, or employee if such person, within the immediately preceding five years, has been convicted of, found guilty of, pled guilty or nolo contendere to, been adjudicated a juvenile violator of, or been incarcerated for any felony involving fraud, theft, larceny, embezzlement, fraudulent conversion, or misappropriation of property or any crime arising from the conduct of a solicitation for a charitable organization or sponsor, under the laws of this or any other state or of the United States, or has been enjoined within the immediately preceding five years under the laws of this or any other state or of the United States from engaging in deceptive conduct relating to charitable solicitations.
(11) Information filed pursuant to this section, except for residential
addresses and telephone numbers of individuals and account numbers at banks or other financial institutions, is a public record for purposes of the public records law, part 2 of article 72 of title 24, C.R.S.
(12) Filing fees for the annual registration of a paid solicitor, amendments
thereto, solicitation notices, and financial reports shall be established by the secretary of state in amounts that reflects the costs of the secretary of state in administering the provisions of this article. All such fees collected shall be deposited in the department of state cash fund created in section 24-21-104 (3)(b), C.R.S.
Source: L. 2001: Entire section added, p. 1239, � 3, effective May 9, 2002. L.
2003: IP(2) amended, p. 2497, � 4, effective June 5. L. 2005: IP(2) amended, p. 1288, � 4, effective June 3. L. 2012: (8) amended, (HB 12-1236), ch. 133, p. 458, � 3, effective January 1, 2013. L. 2014: (11) amended, (HB 14-1206), ch. 118, p. 421, � 3, effective August 6. L. 2016: (3)(h) and (3)(i) amended and (3)(j) and (3.5) added, (HB 16-1129), ch. 262, p. 1076, � 3, effective August 10. L. 2017: IP(3), (5), (7)(i), and (9) amended, (HB 17-1158), ch. 160, p. 594, � 3, effective October 1, 2018.
C.R.S. § 6-16-110.5
6-16-110.5. Secretary of state - dissemination of information - cooperation with other agencies - rules. (1) The secretary of state shall take steps to:
(a) Publicize the requirements of this article and otherwise assist charitable
organizations, professional fundraising consultants, and paid solicitors in complying with this article;
(b) Compile and publish, on an annual basis, the information provided by
charitable organizations, professional fundraising consultants, and paid solicitors under this article to assist the public in making informed decisions about charitable solicitation and to assist charitable organizations in making informed decisions about contracting with paid solicitors;
(c) Participate in a national online charity information system as soon as a
system is established, if the secretary determines that participation will further advance the purposes of this subsection (1) and subsection (2) of this section.
(2) The secretary of state may exchange with appropriate authorities of this
state, any other state, and the United States information with respect to charitable organizations, professional fundraising consultants, commercial coventurers, and paid solicitors.
(3) The secretary of state may promulgate rules as needed for the effective
implementation of this article 16, including:
(a) Providing for the extension of filing deadlines;
(b) Providing for the online availability of forms required to be filed pursuant
to sections 6-16-104 to 6-16-104.6;
(c) Providing for the electronic filing of required forms, including the
acceptance of electronic signatures;
(d) Mandating electronic filing and providing, in the secretary of state's
discretion, for exceptions to mandatory electronic filing;
(e) Setting fines for noncompliance with this article or rules promulgated
pursuant to this article; and
(f) Providing for the withdrawal of an active registration by a charitable
organization, professional fundraising consultant, or paid solicitor.
Source: L. 2001: Entire section added, p. 1239, � 3, effective May 9, 2002. L.
2002: (3) amended, p. 949, � 2, effective June 1. L. 2005: (1)(c) added, p. 1288, � 5, effective June 3. L. 2008: (3) amended, p. 807, � 3, effective September 1. L. 2014: IP(3) and (3)(e) amended, (HB 14-1206), ch. 118, p. 421, � 5, effective August 6. L. 2017: IP(3) amended and (3)(f) added, (HB 17-1158), ch. 160, p. 594, � 4, effective October 1, 2018.
C.R.S. § 6-18-301
6-18-301. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the rapidly changing health-care market provides unique opportunities for health-care providers to organize themselves into new forms of collaborative systems to deliver high quality health care at competitive market prices to cooperatives and other purchasers. This part 3 is enacted to encourage such collaborative arrangements and to further market-based competition among health-care providers.
(2) The general assembly further recognizes that in order to achieve the
most effective use of resources and medical technology to respond to changing market conditions, providers who would otherwise be competitors with each other will need to horizontally integrate in order to develop collaborative arrangements to guarantee an adequate number of providers to service the market and to vertically integrate in order to guarantee that those who receive services will have a continuum of care as appropriate to their care needs.
(3) The general assembly also recognizes that to effect such new forms of
collaborative systems and integration of providers to service the market will require an analysis of existing methods of providing services, contracting, collaborating, and networking among providers and the extent and type of regulatory oversight of licensed provider networks or licensed individual providers which is appropriate to protect the public.
Source: L. 94: Entire article added, p. 1937, � 1, effective July 1.
C.R.S. § 6-22-101
6-22-101. Legislative declaration. (1) The general assembly hereby declares that the purpose of enacting this article is to protect Colorado consumers by:
(a) Requiring roofing contractors offering to perform roofing work on
residential property in this state to sign a written contract with property owners detailing the scope and cost of the roofing work and contact information for the roofing contractor;
(b) Requiring roofing contractors to permit property owners to rescind a
contract for the performance of roofing work and obtain a refund of any deposit paid to the roofing contractor; and
(c) Prohibiting roofing contractors from paying, waiving, rebating, or
promising to pay, waive, or rebate all or part of any insurance deductible applicable to an insurance claim made to the property owner's property and casualty insurer for payment for roofing work on the residential property covered by a property and casualty insurance policy.
Source: L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1386, � 1,
effective June 6.
C.R.S. § 6-22-102
6-22-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Property owner means the owner of residential property or the owner's
legal representative.
(2) (a) Residential property means:
(I) A detached, one- or two-family dwelling; or
(II) Multiple single-family dwellings that are not more than three stories
above grade plane height and provide separate means of egress.
(b) Residential property does not include:
(I) A structure comprising multiple, attached single-family dwellings, unless
maintenance, repair, or replacements of the dwellings' roof is the responsibility of a condominium association, homeowners' association, common interest community, unit owners' association, or any other entity subject to the Colorado Common Interest Ownership Act, article 33.3 of title 38, C.R.S., regardless of when the entity was formed; or
(II) New construction.
(3) Roofing contractor means:
(a) An individual or sole proprietorship that performs roofing work or roofing
services in this state for compensation; or
(b) (I) A firm, partnership, corporation, association, business trust, limited
liability company, or other legal entity that performs or offers to perform roofing work in this state on residential property for compensation.
(II) As used in subparagraph (I) of this paragraph (b), association does not
include a condominium association, homeowners' association, common interest community, unit owners' association, or any other entity subject to the Colorado Common Interest Ownership Act, article 33.3 of title 38, C.R.S., regardless of when the entity was formed.
(4) (a) Roofing work or roofing services means the construction,
reconstruction, alteration, maintenance, or repair of a roof on a residential property and the use of materials and items in the construction, reconstruction, alteration, maintenance, and repair of roofing and waterproofing of roofs, all in a manner to comply with plans, specifications, codes, laws, rules, regulations, and roofing industry standards for workmanlike performance applicable to the construction, reconstruction, alteration, maintenance, and repair of roofs on residential properties.
(b) Roofing work or roofing services does not include roofing work or
services for which the compensation is one thousand dollars or less per contract.
Source: L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1387, � 1,
effective June 6.
C.R.S. § 6-22-103
6-22-103. Contracts for roofing services - writing required - required terms. (1) Prior to engaging in any roofing work, a roofing contractor shall provide a written contract to the property owner, signed by both the roofing contractor or his or her designee and the property owner, stating at least the following terms:
(a) The scope of roofing services and materials to be provided;
(b) The approximate dates of service;
(c) The approximate costs of the services based on damages known at the
time the contract is entered;
(d) The roofing contractor's contact information, including physical address,
electronic mail address, telephone number, and any other contact information available for the roofing contractor;
(e) Identification of the roofing contractor's surety and liability coverage
insurer and their contact information, if applicable;
(f) (I) The roofing contractor's policy regarding cancellation of the contract
and refund of any deposit, including a rescission clause allowing the property owner to rescind the contract and obtain a full refund of any deposit within seventy-two hours after entering the contract; and
(II) A written statement that the property owner may rescind a roofing
contract pursuant to section 6-22-104; and
(g) A written statement that if the property owner plans to use the proceeds
of a property and casualty insurance policy issued pursuant to part 1 of article 4 of title 10, C.R.S., to pay for the roofing work, pursuant to section 6-22-105, the roofing contractor cannot pay, waive, rebate, or promise to pay, waive, or rebate all or part of any insurance deductible applicable to the insurance claim for payment for roofing work on the covered residential property.
(2) In addition to the contract terms required in subsection (1) of this section,
a roofing contractor shall include, on the face of the contract, in bold-faced type, a statement indicating that the roofing contractor shall hold in trust any payment from the property owner until the roofing contractor has delivered roofing materials at the residential property site or has performed a majority of the roofing work on the residential property.
Source: L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1388, � 1,
effective June 6.
C.R.S. § 6-22-104
6-22-104. Residential roofing contract - payment from insurance proceeds - right to rescind - return of payments. (1) (a) A property owner who enters into a written contract with a roofing contractor to perform roofing work on the property owner's residential property, the payment for which will be made from the proceeds of a property and casualty insurance policy issued pursuant to part 1 of article 4 of title 10, C.R.S., may rescind the contract within seventy-two hours after the property owner receives written notice from the property and casualty insurer that the claim for payment for roofing work on the residential property is denied in whole or in part. The property owner's right of rescission under this subsection (1) does not apply when the property and casualty insurer denies, in whole or in part, a claim related to a request for supplemental roofing services if the damage requiring the supplemental roofing services could not have been reasonably foreseen as a necessary and related roofing service at the time of the initial roofing inspection or the execution of the initial roofing contract.
(b) The property owner shall give written notice of rescission of the contract
to the roofing contractor at the physical address provided in the contract within seventy-two hours after he or she is notified of the denial. The property owner may give notice of rescission of the contract:
(I) In an electronic form, which is effective on the date of the electronic
transmission;
(II) By mail, which is effective upon deposit in the United States mail, postage
prepaid, sent to the physical address stated in the contract; or
(III) By personal delivery to the roofing contractor, which is effective upon
delivery.
(2) Within ten days after rescission of a contract in accordance with
subsection (1) of this section, the roofing contractor shall return to the property owner any payments or deposits made by or evidence of indebtedness of the property owner in connection with the contract for roofing work on the residential property.
(3) Nothing in this section precludes a roofing contractor from retaining all
or a portion of any payments or deposits made by a property owner to compensate the roofing contractor for roofing work actually performed on the residential property in a workmanlike manner consistent with standard roofing industry practices, but the roofing contractor may retain only an amount required to compensate the roofing contractor for the actual work performed.
(4) Nothing in this section abrogates the roofing contractor's right to pursue
common law remedies for the reasonable value of roofing materials ordered and actually installed on the residential property pursuant to a contract for roofing work before the property owner rescinded the contract, as long as the roofing contractor performed the roofing services consistent with roofing industry standards for workmanlike performance of roofing services.
(5) Nothing in this section abrogates a property and casualty insurer's
duties, responsibilities, or liability under sections 10-3-1115 and 10-3-1116, C.R.S.
Source: L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1388, � 1,
effective June 6.
C.R.S. § 6-22-105
6-22-105. Waiver of insurance deductible prohibited. (1) A roofing contractor that performs roofing work, the payment for which will be made from the proceeds of a property and casualty insurance policy issued pursuant to part 1 of article 4 of title 10, C.R.S., shall not advertise or promise to pay, waive, or rebate all or part of any insurance deductible applicable to the claim for payment for roofing work on the covered residential property.
(2) If a roofing contractor violates subsection (1) of this section:
(a) The insurer to whom the property owner submitted the claim for payment
for the roofing work is not obligated to consider the estimate of costs for the roofing work prepared by the roofing contractor; and
(b) The property owner whose residential property is insured under the
property and casualty insurance policy or the insurer that issued the policy may bring an action against the roofing contractor in a court of competent jurisdiction to recover damages sustained by the property owner or insurer as a consequence of the violation.
(3) A roofing contractor soliciting roofing services in this state shall not
claim to be or act as a public insurance adjuster adjusting claims for losses or damages. Nothing in this article prevents a public insurance adjuster licensed pursuant to section 10-2-417, C.R.S., from acting or holding himself or herself out as a public insurance adjuster. Nothing in this subsection (3) precludes a roofing contractor from discussing, on behalf of the property owner, the scope of repairs with a property and casualty insurer when the roofing contractor has a valid contract with the property owner of the residential property on which the roofing contractor has contracted to perform roofing work.
Source: L. 2012: Entire article added, (SB 12-038), ch. 267, p. 1390, � 1,
effective June 6.
DIRECT PRIMARY HEALTH CARE
ARTICLE 23
Direct Primary Care
Cross references: For the legislative declaration in HB 17-1115, see section 1
of chapter 151, Session Laws of Colorado 2017.
C.R.S. § 6-29-105
6-29-105. Acquisition of 340B drugs - prohibited acts - use of savings - enforcement - penalties - nonpreemption - data exclusions. (1) Prohibited acts. On and after August 6, 2025:
(a) Unless the receipt of the 340B drugs is prohibited by the federal
department of health and human services, a manufacturer, third-party logistics provider, or repackager, or an agent, contractor, or affiliate of a manufacturer, third-party logistics provider, or repackager, including an entity that collects or processes health information, shall not, directly or indirectly, deny, restrict, prohibit, discriminate against, or otherwise limit the acquisition of a 340B drug by, or delivery of a 340B drug to, a 340B covered entity, a pharmacy contracted with a 340B covered entity, or a location otherwise authorized by a 340B covered entity to receive and dispense 340B drugs; and
(b) A manufacturer shall not directly or indirectly require, including as a
condition, a 340B covered entity, a pharmacy contracted with a 340B covered entity, or any other location authorized to receive 340B drugs by a 340B covered entity to submit any health information, claims or utilization data, purchasing data, payment data, or other data that does not relate to a claim submitted to a federal health-care program, unless such data is voluntarily furnished by such covered entity or otherwise required to be furnished under applicable federal law.
(2) A covered entity that is a reporting hospital, as defined in section 25.5-1-701, shall not use 340B savings for the following purposes:
(a) More than thirty-five percent of total annual compensation or expense
reimbursement for the hospital's board of directors;
(b) Tax penalties or fines issued against the hospital;
(c) Expenses related to advertising and public relations that promote the
hospital's image, services, or proposals, not including communications required by law or that are essential for patient safety and patient information;
(d) Lobbying expenses and other costs intended to influence legislation or
ballot measures at the local, state, or federal level;
(e) Travel, lodging, food, or beverage expenses for the hospital's board of
directors and officers; and
(f) Gifts or entertainment expenses.
(3) Enforcement - penalties. (a) The attorney general may investigate a
complaint concerning a violation of this article 29. A person that violates this article 29 risks the public's health and engages in an unfair or deceptive trade practice pursuant to section 6-1-105 (1)(oooo) and is subject to the enforcement provisions, civil penalties, and damages set forth in article 1 of this title 6.
(b) Each package of a 340B drug that constitutes a prohibited act under this
article 29 constitutes a separate violation of subsection (1) of this section.
(c) Limited distribution of a drug required under 21 U.S.C. sec. 355-1 does not
constitute a violation of this article 29.
(d) A person regulated by the state board of pharmacy created in section 12-280-104 may be subject to discipline pursuant to section 12-280-108 (1)(c), (1)(d), or
(1)(i) for violating this article 29.
(4) Nonpreemption. Nothing in this article 29 shall be construed or applied
to be less restrictive than any federal law applying to persons regulated by this section. Nothing in this section shall be construed or applied to be in conflict with any of the following:
(a) Applicable federal law and related regulations; or
(b) Other laws of this state, if the laws are compatible with applicable
federal law.
(5) Data exclusions. Subsection (1) of this section does not prohibit a
manufacturer from requiring health information or other data that a covered entity is required to furnish to the manufacturer under applicable federal law, including data relating to an audit in accordance with procedures established by the federal department of health and human services under 42 U.S.C. sec. 256b (a)(5)(C).
Source: L. 2025: Entire article added, (SB 25-071), ch. 313, p. 1640, � 2,
effective August 6.
C.R.S. § 6-6-103
6-6-103. Collections prohibited - penalty - definition. (1) No sender of any unsolicited goods shall mail or otherwise send to any recipient of such unsolicited goods a bill for such unsolicited goods or any dunning communications.
(2) (a) The sender of a magazine or other periodical shall cancel a
subscription if any invoice is returned by the recipient marked cancel. Cancellation shall also occur when the recipient gives written notice of cancellation to the sender at the sender's address or at the address of the subscription department printed in the periodical, or, if no such department is listed, at the general business address of the periodical.
(b) Notice of cancellation may be given by regular mail, and is effective on
the date received by the sender. Notice of cancellation need not take any particular form and is sufficient if it indicates by any form of written expression that the recipient wishes to terminate the subscription. Within sixty days after notice of cancellation for prepaid subscriptions, the sender shall refund to the recipient any amount paid for the subscription less the amount owed by the recipient for any periodicals, together with the postage thereon, if postage has been charged separately, received before the effective date of the notice of cancellation.
(c) For purposes of this subsection (2), sender means the publisher of a
periodical, any person acting as the agent of such publisher, and any person purporting to act as the agent of such publisher, and a seller of the periodical.
(3) Violation of this section constitutes a petty offense. Violation of this
section also constitutes a deceptive trade practice in violation of the Colorado Consumer Protection Act, article 1 of this title 6, and is subject to remedies or penalties, or both, pursuant thereto.
Source: L. 75: Entire article added, p. 262, � 1, effective July 14. L. 76: Entire
section amended, p. 297, � 11, effective May 20. L. 93: Entire section amended, p. 1574, � 7, effective July 1. L. 95: Entire section amended, p. 387, � 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3135, � 61, effective March 1, 2022.
Cross references: For the penalty for a petty offense, see � 18-1.3-503.
ARTICLE 6.5
Soil and Hazard Analyses of Residential Construction
6-6.5-101. Disclosure to purchaser - penalty. (1) At least fourteen days prior
to closing the sale of any new residence for human habitation, every developer or builder or their representatives shall provide the purchaser with a copy of a summary report of the analysis and the site recommendations. For sites in which significant potential for expansive soils is recognized, the builder or his representative shall supply each buyer with a copy of a publication detailing the problems associated with such soils, the building methods to address these problems during construction, and suggestions for care and maintenance to address such problems.
(2) In addition to any other liability or penalty, any builder or developer
failing to provide the report or publication required by subsection (1) of this section shall be subject to a civil penalty of five hundred dollars payable to the purchaser.
(3) The requirements of this section shall not apply to any individual
constructing a residential structure for his own residence.
Source: L. 84: Entire article added, p. 294, � 1, effective July 1.
ENERGY AND WATER CONSERVATION
ARTICLE 7
Residential Building Energy Conservation
6-7-101 to 6-7-106. (Repealed)
Source: L. 2022: Entire article repealed, (HB 22-1362), ch. 301, p. 2188, � 9,
effective June 2.
Editor's note: (1) This article 7 was added in 1977. For amendments to this
article 7 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 6-7-104 was amended in SB 22-212. Those amendments were
superseded by the repeal of this article 7 in HB 22-1362.
ARTICLE 7.5
Water and Energy Efficiency Standards
Editor's note: This article 7.5 was added in 2014 and was not amended prior
to 2019. It was repealed and reenacted in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 7.5 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
6-7.5-101. Legislative declaration. (1) The general assembly finds and
determines that efficiency standards for certain products sold in Colorado:
(a) Assure consumers and businesses that such products meet minimum
efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills;
(b) Protect consumers and businesses against manufacturers who would
otherwise sell, in Colorado, less efficient appliances that they cannot sell in states that have higher standards;
(c) Save energy and thus reduce pollution and other environmental impacts
associated with the production, distribution, and use of electricity, natural gas, and other fuels;
(d) Improve electric system reliability and potentially reduce the need for
new energy and water infrastructure based on the resulting energy and water savings;
(e) Apply to products available at a price equal to or less than noncompliant
products, or available at a minimal cost premium;
(f) Have saved Coloradans billions of gallons of water since 2014, when
WaterSense standards were enacted for plumbing fixtures, without sacrificing quality or product performance; and
(g) Contribute to the economy of this state by helping to better balance
supply and demand for both energy and water, thus reducing the upward pressure on prices for electricity, natural gas, and water caused by increased demand. In addition, efficiency standards allow consumers and businesses to use the money they save on utility bills to purchase local goods and services.
(2) Therefore, the general assembly declares that the adoption of energy
and water efficiency standards in accordance with this article 7.5 is a matter of state and local concern and serves the public interest of the people of Colorado.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3270, � 1,
effective August 2.
6-7.5-102. Definitions. As used in this article 7.5, unless the context
otherwise requires and except as determined by rule pursuant to section 6-7.5-106 (1):
(1) Air purifier or room air cleaner means an electric, cord-connected,
portable appliance that has the primary function of removing particulate matter from the air.
(2) AHRI 1430 means the Air-conditioning, Heating, and Refrigeration
Institute standard for demand flexible electric storage water heaters.
(3) ANSI means the American National Standards Institute or its successor
organization.
(4) ANSI/APSP/ICC-14 means the ANSI standard for portable electric spa
energy efficiency.
(5) ANSI C78.81 means the ANSI standard for Electric Lamps - Double-Capped Fluorescent Lamps - Dimensional and Electrical Characteristics.
(6) ANSI C78.901 means the ANSI standard for Electric Lamps - Single-Based Fluorescent Lamps - Dimensional and Electrical Characteristics.
(7) ANSI C79.1 means the ANSI standard for Electric Lamps -
Nomenclature for Glass Bulbs Intended for Use with Electric Lamps.
(8) APSP means the Association of Pool and Spa Professionals or its
successor organization.
(9) CCR means the California code of regulations, as amended.
(10) Check valve means a component that is internal to a spray sprinkler
body and prevents system drainage during periods of nonoperation.
(11) Cold-temperature fluorescent lamp means a fluorescent lamp that:
(a) Is not a compact fluorescent lamp;
(b) Is specifically designed to start at a temperature of twenty degrees
below zero Fahrenheit when used with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and
(c) Is expressly designated as a cold-temperature lamp both in markings on
the lamp and in marketing materials such as catalogs, sales literature, and promotional material.
(12) Commercial dishwasher means a machine designed to clean and
sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution, with or without blasting media granules, and a sanitizing rinse.
(13) Commercial fryer means an appliance, including a cooking vessel, in
which:
(a) Oil is placed to such a depth that the food to be cooked is essentially
supported by displacement of the cooking fluid rather than by the bottom of the vessel; and
(b) Heat is delivered to the cooking fluid by means of either:
(I) An immersed electric element or band-wrapped vessel; or
(II) Heat transfer from gas burners through either the walls of the vessel or
tubes passing through the cooking fluid.
(14) Commercial hot food holding cabinet means a heated, fully enclosed
compartment with one or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance. Commercial hot food holding cabinet does not include heated glass merchandising cabinets, drawer warmers, or cook and hold appliances.
(15) Commercial oven means a chamber designed for heating, roasting, or
baking food by conduction, convection, radiation, or electromagnetic energy.
(16) Commercial steam cooker means a device with one or more food-steaming compartments in which thermal energy is transferred from the steam to
the food by direct contact. Commercial steam cooker includes countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.
(17) Compact fluorescent lamp means a fluorescent lamp that includes:
(a) A tube that is curved or folded to fit the size of a traditional household
light bulb; and
(b) A compact electronic ballast in the base of the lamp.
(18) Compensation means money or any other thing of value, regardless of
form, received or to be received by a person for goods or services rendered.
(19) Computer and computer monitor have the meanings set forth in 20
CCR sec. 1602 (v).
(20) CTA means the Consumer Technology Association, or a successor
organization.
(21) Decorative gas fireplace means a vented fireplace, including a unit
that is freestanding, recessed, or zero clearance, or a gas fireplace insert that is:
(a) Fueled by natural gas or propane;
(b) Marked or intended for decorative use only; and
(c) Not equipped with a thermostat or intended for use as a heater.
(22) Electric storage water heater means a consumer product that:
(a) Uses electricity to heat domestic potable water;
(b) Has a nameplate input rating of twelve kilowatts or less;
(c) Has a rated hot water storage capacity between forty and one hundred
twenty gallons; and
(d) Delivers hot water at a maximum temperature of less than one hundred
eighty degrees Fahrenheit.
(23) (a) Electric vehicle supply equipment means conductors, including
ungrounded, grounded, and equipment-grounding conductors; electric vehicle connectors; attachment plugs; and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the wiring of a premises to an electric vehicle.
(b) Electric vehicle supply equipment does not include a conductor,
connector, or fitting that is part of a vehicle.
(24) Energy Star program means the federal program authorized by 42
U.S.C. sec. 6294a, as amended.
(25) Executive director means the executive director of the department of
public health and environment or the executive director's designee.
(26) Faucet means:
(a) A public or private lavatory faucet, residential kitchen faucet, or metering
faucet; or
(b) A replacement aerator for a public or private lavatory faucet or
residential kitchen faucet.
(27) Flushometer-valve water closet means a type of commercial toilet
that uses a valve for flushing by operation of a handle that discharges a definite quantity of water under pressure directly into the fixture.
(28) Gas fireplace means a decorative gas fireplace or a heating gas
fireplace.
(29) Gas log set means a fireplace product designed to be used and
installed in a working masonry or factory-built wood-burning fireplace and vented through a chimney by natural drafting or power venting.
(30) GPM means gallons per minute.
(31) Handheld showerhead means a showerhead that is connected to a
flexible hose and can be held or fixed in place for the purpose of spraying water on a bather.
(32) Heating gas fireplace means a vented fireplace, including a unit that is
freestanding, recessed, or zero clearance or a fireplace insert, that is:
(a) Fueled by natural gas or propane; and
(b) Not a decorative gas fireplace.
(33) High CRI fluorescent lamp means a fluorescent lamp with a color
rendering index of eighty-seven or greater that is not a compact fluorescent lamp.
(34) ICC means the International Code Council or its successor
organization.
(35) Impact-resistant fluorescent lamp means a fluorescent lamp that:
(a) Is not a compact fluorescent lamp;
(b) Has a coating or equivalent technology that is compliant with NSF/ANSI
51 and is designed to contain the glass if the glass envelope of the lamp is broken; and
(c) Is designated and marketed for the intended application, with:
(I) The designation appearing on the lamp packaging; and
(II) Marketing materials that identify the lamp as being impact-resistant,
shatter-resistant, shatterproof, or shatter-protected.
(36) Industrial air purifier means an indoor air cleaning device that is:
(a) Manufactured, advertised, marketed, labeled, and used solely for
industrial purposes;
(b) Marketed solely through industrial supply outlets or businesses; and
(c) Prominently labeled as Solely for industrial use. Potential health hazard:
emits ozone.
(37) Inline residential ventilating fan means a ventilating fan that is located
within the structure of a building and requires ductwork on both the inlet and the outlet.
(38) Irrigation controller means a standalone controller, an add-on device,
or a plug-in device that is used to operate an automatic irrigation system such as a lawn sprinkler or drip irrigation system designed and intended for nonagricultural purposes. Irrigation controller includes:
(a) A soil moisture-based irrigation controller that inhibits or allows an
irrigation event based on a reading from a soil moisture sensor mechanism; and
(b) A weather-based irrigation controller that uses current weather data as a
basis for scheduling irrigation.
(39) (a) Lamp means a device that emits light and is used to illuminate an
indoor or outdoor space.
(b) Lamp does not include a heat lamp.
(40) LED means light-emitting diode.
(41) Metering faucet means a self-closing faucet that dispenses a specific
volume of water for each actuation cycle and for which the volume or cycle duration may be fixed or adjustable.
(42) NSF means NSF International, formerly known as the National
Sanitation Foundation.
(43) NSF/ANSI 51 means the NSF/ANSI 51 standard for food equipment
materials.
(44) Plumbing fixture means an exchangeable device that connects to a
plumbing system to deliver water or drain water and waste.
(45) Portable air conditioner means a portable encased assembly, other
than a packaged terminal air conditioner, ductless portable air conditioner, room air conditioner, or dehumidifier, that:
(a) Delivers cooled, conditioned air to an enclosed space;
(b) Is powered by single-phase electric current;
(c) Includes a source of refrigeration;
(d) May be a single-duct or dual-duct portable air conditioner; and
(e) May include additional means for air circulation and heating.
(46) Portable electric spa means a factory-built electric spa or hot tub that
may include any combination of integral controls, water heating, and water circulating equipment.
(47) Pressure regulator means a device that maintains constant operating
pressure immediately downstream from a spray sprinkler body, given higher pressure upstream of the device.
(48) Private lavatory faucet means a bathroom faucet that, as installed, is
not in a location that is available to the public, including a lavatory faucet in a private residence.
(49) Programmable thermostat means a thermostat that:
(a) Controls a primary heating or cooling system on a daily schedule to
maintain different temperatures during certain times of day and days of the week; and
(b) Has the capability to maintain zone temperatures between fifty-five
degrees Fahrenheit and eighty-five degrees Fahrenheit.
(50) PSI means pounds per square inch.
(51) Public lavatory faucet means a fitting designed and marketed for
installation in a nonresidential bathroom, which bathroom is exposed to walk-in traffic.
(52) Replacement aerator means an aerator sold as a replacement,
separate from the faucet to which it is intended to be attached.
(53) Residential building means a structure that is used primarily for living
and sleeping and that is zoned as residential or otherwise subject to residential building codes. For the purposes of residential windows, doors, and skylights, residential building means a building that is three stories or less in height.
(54) Residential door means a sliding or swinging entry system that is
installed or designed for installation in a vertical wall separating conditioned and unconditioned space in a residential building.
(55) Residential kitchen faucet means a faucet in a kitchen of a residential
building.
(56) Residential skylight means a window that is designed for sloped or
horizontal application in the roof of a residential building, the primary purpose of which window is to provide daylight or ventilation. Residential skylight includes a tubular daylighting device.
(57) Residential ventilating fan means a ceiling-mounted, a wall-mounted,
or an inline residential fan that is designed to be used in a bathroom or a utility room for the purpose of moving air from inside a residential building to the outdoors.
(58) (a) Residential window means an assembled unit that:
(I) Consists of a frame that holds one or more pieces of glass or other glazing
material that admits light or air into an enclosure; and
(II) Is designed for installation at a slope of at least sixty degrees from
horizontal in an external wall of a residential building.
(b) Residential window includes a transom window but does not include a
residential skylight.
(59) Showerhead means a device through which water is discharged for a
shower bath. Showerhead includes a handheld showerhead but does not include an emergency showerhead such as a showerhead used in a laboratory or industrial setting.
(60) Showerhead tub spout diverter combination means a control valve,
tub spout diverter, and showerhead that are sold together as a matched set.
(61) Smart thermostat means a thermostat that:
(a) Is enabled for wireless connectivity;
(b) Allows the user to control home heating and cooling temperature
settings from a computer or from a phone, a tablet, or another computer-enabled device; and
(c) Can automatically adjust heating and cooling temperature settings based
on user preferences, daily schedules, weather conditions, occupancy, or optimal energy savings.
(62) Spray sprinkler body means the exterior case or shell of a sprinkler
designed and intended for nonagricultural uses, which case or shell:
(a) Incorporates a means of connection to the piping system; and
(b) Is designed to convey water to a nozzle or orifice.
(63) Tub spout diverter means a device that is designed to divert the flow
of water into a bathtub so the water discharges through a showerhead.
(64) Tubular daylighting device means a building component that receives
daylight in a rooftop dome and transfers the daylight indoors through a highly reflective tube.
(65) Urinal means a plumbing fixture that receives liquid body waste and
conveys the waste through a trap seal into a gravity drainage system.
(66) Water closet means a plumbing fixture that has a water-containing
receptor that receives liquid and solid body waste through an exposed integral trap and conveys the waste into a drainage system. Water closet includes both tank-type and flushometer-valve water closets.
(67) Water cooler means a freestanding device that consumes energy to
cool or heat, or both cool and heat, potable water. Water cooler includes:
(a) A cold-only unit that dispenses only cold water;
(b) A hot-and-cold unit that dispenses both hot and cold water and, in some
models, also room temperature water;
(c) A cook-and-cold unit that dispenses both room temperature and cold
water;
(d) A storage-type unit that instantaneously delivers water from a storage
tank within the unit, including point-of-use, dry storage compartment, and bottled water coolers; and
(e) An on-demand unit that heats water as it is requested, typically within a
few minutes.
(68) WaterSense-listed plumbing fixture means a plumbing fixture or
plumbing fixture fitting that has been:
(a) Tested by an accredited third-party certifying body or laboratory in
accordance with the federal environmental protection agency's WaterSense program or a successor program;
(b) Certified by the body or laboratory as meeting the performance and
efficiency requirements of the WaterSense program; and
(c) Authorized by the WaterSense program to use its label.
(69) WaterSense program means the federal program authorized by 42
U.S.C. sec. 6294b.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3271, � 1,
effective August 2. L. 2023: Entire section amended, (HB 23-1161), ch. 285, p. 1689, � 1, effective August 7.
Editor's note: This section is similar to former � 6-7.5-101 as it existed prior to
2019.
6-7.5-103. Low-efficiency plumbing fixtures. (Repealed)
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3277, � 1,
effective August 2. L. 2023: Entire section repealed, (HB 23-1161), ch. 285, p. 1700, � 2, effective August 7.
Editor's note: This section was similar to former � 6-7.5-102 as it existed prior
to 2019.
6-7.5-104. Scope and applicability. (1) Subject to subsection (2) of this
section and as further specified in section 6-7.5-105, this article 7.5 applies to the following products sold as new in Colorado:
(a) Repealed.
(a.3) Air purifiers;
(a.6) Cold-temperature fluorescent lamps;
(b) Commercial dishwashers;
(c) Commercial fryers;
(d) Commercial hot food holding cabinets;
(d.5) Commercial ovens;
(e) Commercial steam cookers;
(f) Computers and computer monitors;
(f.2) Electric storage water heaters;
(f.5) Electric vehicle supply equipment;
(g) Faucets;
(h) Repealed.
(i) Gas fireplaces;
(j) High CRI fluorescent lamps;
(j.5) Impact-resistant fluorescent lamps;
(j.7) Irrigation controllers;
(k) Portable air conditioners;
(l) Portable electric spas;
(l.4) Residential doors;
(l.6) Residential skylights;
(m) Residential ventilating fans;
(m.6) Residential windows;
(m.8) Showerheads;
(n) Spray sprinkler bodies;
(o) Thermostats;
(o.2) Tub spout diverters and showerhead tub spout diverter combinations;
(o.4) Urinals;
(o.6) Water closets;
(p) Water coolers; and
(q) Other products as may be designated by the executive director pursuant
to section 6-7.5-106.
(2) This article 7.5 does not apply to:
(a) Products installed in mobile manufactured homes at the time of
construction;
(b) Products designed expressly for installation and use in recreational
vehicles; or
(c) Products held in inventory on or before:
(I) The effective date of the applicable standard for each category of product
set forth in this article 7.5; or
(II) The effective date for each category of products, as determined by the
executive director by rule pursuant to section 6-7.5-106.
(3) This article 7.5 is not enforceable against an employee of a contractor
who installs, repairs, or replaces appliances and collects from the customer an amount representing both parts and labor.
(4) This article 7.5 does not preempt any action of a statutory or home rule
municipality, county, or city and county that prescribes additional or more restrictive water conservation or energy efficiency requirements affecting the sale or use of plumbing fixtures, appliances, or other products if the requirements comply with the standards specified in this article 7.5.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3277, � 1,
effective August 2. L. 2023: (1)(a) and (1)(h) repealed, (1)(a.3), (1)(a.6), (1)(d.5), (1)(f.2), (1)(f.5), (1)(j.5), (1)(j.7), (1)(l.4), (1)(l.6), (1)(m.6), (1)(m.8), (1)(o.2), (1)(o.4), (1)(o.6), (1)(q), and (4) added, and (1)(i), (1)(o), (1)(p), and (2)(c) amended, (HB 23-1161), ch. 285, p. 1700, � 3, effective August 7.
6-7.5-105. Standards - effective dates - repeal. (1) On and after August 7,
2023, a person shall not sell any of the following plumbing fixtures in Colorado unless they are WaterSense-listed plumbing fixtures:
(a) (I) A private lavatory faucet.
(II) This subsection (1)(a) is repealed, effective January 1, 2026.
(b) A public lavatory faucet;
(c) A showerhead;
(d) (I) A urinal.
(II) This subsection (1)(d) is repealed, effective January 1, 2026.
(e) A water closet.
(2) Repealed.
(3) On and after January 1, 2021, a person shall not sell, lease, or rent any of
the following new products in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a) Commercial dishwashers included in the scope of the Energy Star
program product specification for commercial dishwashers must meet the qualification criteria of that specification.
(b) Commercial fryers included in the scope of the Energy Star program
product specification for commercial fryers must meet the qualification criteria of that specification.
(c) (I) Commercial hot food holding cabinets must have a maximum idle
energy rate of forty watts per cubic foot of interior volume, as determined by the idle energy rate-dry test in ASTM standard F2140-11, Test Method for the Performance of Hot Food Holding Cabinets, published by ASTM International, formerly known as the American Society for Testing and Materials. Interior volume must be measured as prescribed in the Energy Star program product specification for commercial hot food holding cabinets, version 2.0.
(II) This subsection (3)(c) is repealed, effective January 1, 2026.
(d) Commercial steam cookers must meet the requirements of the Energy
Star program product specification for commercial steam cookers.
(e) Computers and computer monitors must meet the requirements of
section 1605.3 (v) of title 20 of the CCR, and compliance with those requirements must be as measured in accordance with test methods prescribed in section 1604 (v) of those regulations.
(f) Faucets, except for metering faucets, must meet the following standards
when tested in accordance with 10 CFR 430, subpart B, appendix S, and compliance with those standards must be established using the Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads, as in effect on January 3, 2017:
(I) Residential kitchen faucets and replacement aerators must not exceed a
maximum flow rate of 1.8 GPM at sixty PSI, with optional temporary flow of 2.2 GPM, provided they default to a maximum flow rate of 1.8 GPM at sixty PSI after each use.
(II) Public lavatory faucets and replacement aerators must not exceed a
maximum flow rate of 0.5 GPM at sixty PSI.
(g) Repealed.
(h) (I) High CRI fluorescent lamps must meet the minimum efficacy
requirements contained in 10 CFR 430.32 (n)(4) as in effect on January 3, 2017, as measured in accordance with 10 CFR 430, subpart B, appendix R, Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps, as in effect on January 3, 2017.
(II) This subsection (3)(h) is repealed, effective January 1, 2026.
(i) Portable electric spas must meet the requirements of ANSI/APSP/ICC-14.
(j) New residential ventilating fans must meet the fan motor efficacy
qualification criteria of the Energy Star program product specification for residential ventilating fans.
(k) (I) Spray sprinkler bodies that are not specifically excluded from the
scope of the WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.
(II) This subsection (3)(k) is repealed, effective January 1, 2026.
(l) Repealed.
(m) Water coolers included in the scope of the Energy Star program product
specification for water coolers must have an on mode with no-water-draw energy consumption less than or equal to the following values as measured in accordance with the test requirements of that program:
(I) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;
(II) 0.87 kilowatt-hours per day for storage-type hot and cold units; and
(III) 0.18 kilowatt-hours per day for on-demand hot and cold units.
(4) On or after February 1, 2022, the following new products shall not be
sold, leased, or rented in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a) Repealed.
(b) New portable air conditioners must have a combined energy efficiency
ratio (CEER), as measured in accordance with 10 CFR 430, subpart B, appendix CC, Uniform Test Method for Measuring the Energy Consumption of Portable Air Conditioners, as in effect on January 3, 2017, that is greater than or equal to:
1.04 x SACC / (3.7117 x SACC0.6384)
where SACC is the seasonally adjusted cooling capacity in British thermal units per hour.
(5) On and after January 1, 2026, a person shall not sell, offer to sell, lease, or
offer to lease any of the following new products in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a) Air purifiers, except industrial air purifiers, must meet the certification
requirements of the Energy Star program product specification for room air cleaners.
(b) Commercial hot food holding cabinets must meet the qualification
criteria of the Energy Star program product specification for commercial hot food holding cabinets.
(c) Commercial ovens included in the scope of the Energy Star program
product specification for commercial ovens must meet the qualification criteria of that specification.
(d) Electric storage water heaters must have a modular demand response
communications port compliant with AHRI 1430.
(e) Electric vehicle supply equipment included in the scope of the Energy
Star program product specification for electric vehicle supply equipment must meet the certification criteria of that specification.
(f) Gas fireplaces must comply with the following requirements:
(I) Gas fireplaces must be capable of automatically extinguishing any pilot
flame when the main gas burner flame is extinguished or must prevent any ignition source for the main gas burner flame from operating continuously for more than seven days from the last use of the main gas burner;
(II) Decorative gas fireplaces must have a direct vent or power vent
configuration, unless the decorative gas fireplace is marked for replacement use only or outdoor use only or is a gas log set; and
(III) Heating gas fireplaces must have a fireplace efficiency of at least fifty
percent when tested in accordance with Canadian Standards Association P.4.1-15, Testing method for measuring fireplace efficiency, as amended or revised.
(g) High CRI, cold-temperature, and impact-resistant fluorescent lamps
must meet the minimum efficacy requirements contained in 10 CFR 430.32 (n)(4), as measured in accordance with 10 CFR 430, subpart B, appendix R, Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps.
(h) Irrigation controllers must comply with the following requirements:
(I) Weather-based irrigation controllers included within the scope of the
WaterSense program product specification for weather-based irrigation controllers must meet the water efficiency and performance criteria and other requirements for that specification; and
(II) Soil moisture-based irrigation controllers included within the scope of the
WaterSense program product specification for soil moisture-based irrigation controllers must meet the water efficiency and performance criteria and other requirements for that specification.
(i) Private lavatory faucets, tub spout diverters, showerhead tub spout
diverter combinations, and urinals must meet the requirements in 20 CCR sec. 1605.3, as measured in accordance with the test methods prescribed in 20 CCR sec. 1604, as amended.
(j) (I) Except as otherwise provided in subsection (5)(j)(II) of this section,
residential windows, residential doors, and residential skylights included in the scope of the Energy Star program product specification for residential windows, doors, and skylights must satisfy the northern climate zone qualification criteria of that specification; except that residential windows and doors that are custom designed for a historically designated building and required in order to maintain the historic nature or character of such a building are not required to satisfy such criteria.
(II) The executive director may consult with the Colorado energy office to
evaluate the standard set forth in subsection (5)(j)(I) of this section for residential windows, residential doors, and residential skylights. If the executive director determines that the standard cannot reasonably be met by manufacturers of residential windows, residential doors, and residential skylights, then the executive director shall set an alternative standard that may be applied instead of the standard set forth in subsection (5)(j)(I) of this section and the executive director shall display the alternative standard on the public website of the Colorado department of public health and environment no later than June 1, 2025. When deciding whether the standard set forth in subsection (5)(j)(I) of this section can reasonably be met, the executive director shall take into account the following factors:
(A) Impacts on net consumer costs; and
(B) Supply chain constraints.
(k) Spray sprinkler bodies that are not specifically excluded from the scope
of the WaterSense program product specification for spray sprinkler bodies must include an integral pressure regulator and a check valve and must meet the water efficiency and performance criteria and other requirements of that specification.
(l) Thermostats must be programmable thermostats or smart thermostats.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3278, � 1,
effective August 2. L. 2023: (1), IP(3), (3)(a), (3)(b), (3)(c), (3)(d), (3)(h), (3)(i), (3)(j), (3)(k), and IP(3)(m) amended, (2), (3)(g), (3)(l), and (4)(a) repealed, and (5) added, (HB 23-1161), ch. 285, p. 1701, � 4, effective August 7. L. 2024: (5)(j) amended, (SB 24-214), ch. 191, p. 1091, � 4, effective May 17.
6-7.5-106. New and revised standards - rules. (1) The executive director
may adopt by rule a more recent version of any standard or test method established in section 6-7.5-105, including any product definition associated with the standard or test method, in order to maintain or improve consistency with other comparable standards in other states, so long as the resulting efficiency is equal to or greater than the efficiency achieved using the prior standard or test method. The executive director shall allow at least a one-year delay between the adoption by rule and the enforcement of any new standard or test method.
(2) On or before January 1, 2026, and on or before January 1 every five years
thereafter, the executive director shall promulgate rules establishing standards for products that are not described in section 6-7.5-104 or 6-7.5-105 if such standards:
(a) Would improve energy or water conservation in the state; and
(b) Exist in at least three other states or are published in finalized form by
the Energy Star program or the WaterSense program.
(3) After January 1, 2026, the executive director shall allow a one-year grace
period after any standard, standard version, definition, or test method referenced in this article 7.5 is updated, during which time a product may meet either the previous standard or the updated standard, standard version, definition, or test method, as applicable.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3281, � 1,
effective August 2. L. 2023: Entire section amended, (HB 23-1161), ch. 285, p. 1705, � 5, effective August 7.
6-7.5-107. Protection against repeal of federal standards. (1) If any of the
energy or water conservation standards issued or approved for publication by the office of the United States secretary of energy as of January 1, 2018, as set forth in 10 CFR 430-431 and promulgated pursuant to the Energy Policy and Conservation Act, Pub.L. 94-163, are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards must be the previously applicable federal standards, and no such new product may be sold or offered for sale, lease, or rental in Colorado unless it meets or exceeds such standards.
(2) This section does not apply to a federal energy or water conservation
standard set aside by a court upon the petition of a person that will be adversely affected by the standard, as provided in 42 U.S.C. sec. 6306 (b).
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3281, � 1,
effective August 2.
6-7.5-108. Utility programs during transition period. (1) Should one or more
products described in this article 7.5 be subject to withdrawal, repeal, or other actions that declare a federal standard invalid as described in section 6-7.5-107, the public utilities commission shall permit a three-year phaseout for a utility operating energy efficiency programs that create incentives for or otherwise encourage the use of high-efficiency versions of the affected products. This phaseout shall commence on or after the date specified in section 6-7.5-105; shall apply only to energy savings that will be mandated under this article 7.5; shall occur in equal reductions for each transition year; and must permit an orderly adjustment of the appliance or lighting market to ensure that residents and businesses in Colorado are not negatively affected by changes in product selection, business practices, and energy efficiency program opportunities related to the affected appliances or lighting products.
(2) For products listed in this article 7.5 that are not subject to withdrawal or
repeal, the public utilities commission shall allow at least a one-year transition for utility-sponsored energy efficiency programs starting on or after the date specified in section 6-7.5-105.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1,
effective August 2.
6-7.5-109. Testing, certification, labeling, and enforcement - rules -
verifications of compliance - publication of material incorporated by reference. (1) Unless a product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships, or a successor organization, or in a public database of compliant products maintained by other states or federal agencies with equivalent or more stringent efficiency standards, manufacturers of products covered by this article 7.5 shall demonstrate that the products comply with this article 7.5 by doing any one or more of the following:
(a) Submitting test sample results to the executive director, using test
methods and procedures adopted pursuant to this article 7.5;
(b) Affixing a mark, label, or tag to the product and packaging at the time of
sale or installation that demonstrates compliance with other state or federal agencies that have equivalent or more stringent efficiency standards; or
(c) Submitting such other proof as the executive director may deem
appropriate to show that the product complies with equivalent or more stringent efficiency standards adopted by other states or federal agencies.
(2) The executive director may adopt rules as necessary to ensure the proper
implementation and enforcement of this article 7.5.
(3) On or before January 1, 2026, the executive director shall collect and
make publicly available in written and electronic form the federal rules and other rules and standards referred to in this article 7.5. The executive director shall update the publicly available rules and standards as they may be updated or added in accordance with section 6-7.5-106.
(4) The executive director shall:
(a) Verify major retailers' and distributors' compliance with the provisions of
this article 7.5 through online spot-checks, coordination with other states that have similar standards, or both;
(b) Conduct such verifications at least once before January 1, 2027, and
again at least once before January 1, 2032;
(c) Deliver a report on the method and findings of the verifications to the
energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and
(d) Deliver any findings of violations to the attorney general.
(5) On or before January 1, 2026, the executive director shall establish a
process whereby individuals may anonymously report potential violations of this article 7.5 on the department of public health and environment's public website. The executive director shall investigate any reported potential violation and shall report any confirmed violations to the attorney general.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1,
effective August 2. L. 2023: IP(1) amended and (3), (4), and (5) added, (HB 23-1161), ch. 285, p. 1706, � 6, effective August 7.
6-7.5-110. Penalties - civil action by attorney general. (1) A person shall not
sell or offer to sell any new consumer product that is required to meet a standard established in this article 7.5 but that the person knows does not meet that standard.
(2) Whenever the attorney general has probable cause to believe that any
person or group of persons has violated or caused another to violate subsection (1) of this section, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as follows:
(a) Any person who violates or causes another to violate subsection (1) of this
section shall forfeit and pay a civil penalty of not more than two thousand dollars for each such violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4. For purposes of this subsection (2)(a), a violation constitutes a separate violation with respect to each transaction or online for-sale product listing involved; except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations.
(b) Any person who violates or causes another to violate any provision of this
article 7.5, where such violation was committed against an elderly person, shall forfeit and pay to the general fund of the state a civil penalty of not more than ten thousand dollars for each such violation. For purposes of this subsection (2)(b), a violation of this section constitutes a separate violation with respect to each elderly person involved.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1,
effective August 2. L. 2023: (2)(a) amended, (HB 23-1161), ch. 285, p. 1707, � 7, effective August 7.
ARTICLE 7.7
Standards for Construction Projects
that Receive State Financial Assistance
6-7.7-101. Legislative declaration. (1) The general assembly finds that:
(a) Appliances certified by the Energy Star program meet strict energy
efficiency and performance guidelines set by the federal environmental protection agency and the United States department of energy and can save an estimated twenty to thirty percent more energy than appliances that are not certified by the Energy Star program;
(b) New building construction projects that use taxpayer dollars to purchase
equipment should ensure that the equipment has lower lifetime costs to operate and maintain;
(c) Many projects that receive state financial assistance aim to assist
vulnerable lower-income households, and installing appliances certified by the Energy Star program could lower the costs of the energy bills of these households over time; and
(d) Saving energy is crucial in:
(I) Avoiding the most serious effects of climate change and preserving
Colorado's way of life, the health of communities, and the natural environment;
(II) Achieving the statewide greenhouse gas emission reduction goals; and
(III) Reducing costs for Coloradans.
(2) The general assembly therefore determines and declares that it is in the
public interest of the health and environment of the state to require that new building construction projects that receive state financial assistance use covered energy-consuming products that are certified by the Energy Star program.
Source: L. 2024: Entire article added, (SB 24-214), ch. 191, p. 1089, � 3,
effective May 17.
6-7.7-102. Definitions. As used in this article 7.7, unless the context
otherwise requires:
(1) Covered energy-consuming product means an appliance, device, or
piece of equipment that is:
(a) Powered by electricity or fuel;
(b) Designed to perform one or more specific tasks inside a residential or
commercial building, such as cooking, washing, drying, heating, cooling, providing domestic hot water, printing, or digital entertainment; and
(c) Covered within the scope of the Energy Star program.
(2) Energy Star program means the federal program authorized by 42
U.S.C. sec. 6294a, as amended.
(3) Social cost of carbon means the social cost of carbon dioxide emissions
developed by the public utilities commission pursuant to section 40-3.2-106.
(4) State financial assistance means allocations from the general fund or
other legislative allocations, state taxpayer funds, rebates, grants, or loans provided or administered by the state.
Source: L. 2024: Entire article added, (SB 24-214), ch. 191, p. 1090, � 3,
effective May 17.
6-7.7-103. Energy-efficiency standards for certain building construction
projects that receive state financial assistance - record retention requirements - waivers - exemptions - standardized resources - enforcement - civil penalties. (1) On and after January 1, 2025, except as set forth in subsection (3) or (4) of this section, recipients of state financial assistance for new building construction projects that include the specification, provision, or purchase of covered energy-consuming products shall use covered energy-consuming products certified by the Energy Star program.
(2) On and after January 1, 2025, a state agency that provides or administers
state financial assistance for a new building construction project shall:
(a) Include the requirements of subsection (1) of this section in the state
agency's criteria or guidance for applying for or receiving state financial assistance for new building construction projects;
(b) Request an attestation signed b
C.R.S. § 7-44-103
7-44-103. Organization - assessments. A corporation known as a water users' association may be formed under the Colorado Business Corporation Act, articles 101 to 117 of this title, or formed under or elect to be governed by the Colorado Revised Nonprofit Corporation Act, articles 121 to 137 of this title, for the purpose of dealing, contracting, or cooperating with the United States under the provisions of the act of congress of June 17, 1902, and acts amendatory thereof or supplementary thereto for the securing of a water supply or irrigation works, or both. It has, in addition to the powers conferred by law upon ditch, canal, or irrigation companies, the power to make assessments other than on a pro rata basis for the purpose of raising funds to accomplish the purposes for which formed, or to pay its debts or obligations, or to secure reduction in the principal debt due the United States of America for reclamation project construction cost, or delinquent assessments, or charges already due and payable, when the articles of incorporation so permit, or when required under existing or future contracts between the United States and the association or between the association and its stockholders, or under any laws or regulations of the United States.
Source: L. 29: p. 291, � 1. CSA: C. 41, � 157. CRS 53: � 31-16-3. C.R.S. 1963: �
31-16-3. L. 67: p. 657, � 7. L. 97: Entire section amended, p. 757, � 11, effective July 1, 1998. L. 2003: Entire section amended, p. 2208, � 22, effective July 1, 2004.
Cross references: For the National Irrigation Act of 1902, also known as the
Reclamation Act or the Newlands Reclamation Act, see 43 U.S.C. � 371 et seq.
C.R.S. § 7-62-303
7-62-303. Liability to third parties. (1) (a) A limited partner is not liable for the obligations of a limited partnership incurred while it is not a limited liability limited partnership unless the limited partner is also a general partner or, in addition to the exercise of the limited partner's rights and powers as a limited partner, the limited partner participates in the control of the business. However, if the limited partner participates in the control of the business at the time such liability is incurred, the limited partner is liable only to persons who transact business or conduct activities with the limited partnership reasonably believing, notwithstanding the fact that the limited partner is not designated as a general partner in the certificate of limited partnership, based upon the limited partner's conduct, that the limited partner is a general partner at the time such liability is incurred.
(b) A limited partner of a limited liability limited partnership is not liable for
the obligations of the partnership incurred while it is a limited liability limited partnership.
(2) A limited partner does not participate in the control of the business within
the meaning of subsection (1) of this section solely by doing one or more of the following:
(a) Being a contractor for or an agent or employee of the limited partnership
or of a general partner;
(b) Being an officer, director, or shareholder of a corporate general partner;
(c) Consulting with and advising a general partner with respect to the
business of the limited partnership;
(d) Acting as surety for the limited partnership or guaranteeing or assuming
one or more specific obligations of the limited partnership or providing collateral for an obligation of the limited partnership;
(e) Bringing an action in the right of a limited partnership to recover a
judgment in its favor pursuant to part 10 of this article;
(f) Calling, requesting, or participating in a meeting of the partners;
(g) Proposing or approving or disapproving, by voting or otherwise, one or
more of the following matters:
(I) The dissolution and winding up or continuation of the limited partnership;
(II) The sale, exchange, lease, mortgage, pledge, or other transfer of any
assets of the limited partnership;
(III) The incurrence of indebtedness by the limited partnership;
(IV) A change in the nature of the business;
(V) The admission or removal of a partner;
(VI) A transaction or other matter involving an actual or potential conflict of
interest;
(VII) An amendment to the partnership agreement or certificate of limited
partnership; or
(VIII) Such other matters as are stated in writing in the partnership
agreement;
(h) Winding up the limited partnership pursuant to section 7-62-803; or
(i) Exercising any right or power permitted to limited partners under this
article and not specifically enumerated in this subsection (2).
(3) The enumeration in subsection (2) of this section does not mean that the
possession or exercise of any other powers by a limited partner constitutes participation by the limited partner in the business of the limited partnership.
(4) Repealed.
Source: L. 81: Entire article added, p. 440, � 1, November 1. L. 86: (1) amended
and (2) R&RE, p. 453, �� 15, 16, effective July 1. L. 97: (1) amended and (4) repealed, pp. 1499, 1500, �� 4, 5, effective June 3. L. 2003: (1)(a) amended, p. 2245, � 134, effective July 1, 2004. L. 2004: (1)(a), (1)(b), and (3) amended, p. 1442, � 130, effective July 1.
C.R.S. § 7-63-110
7-63-110. Management - officers, managers, and members. (1) Subsection (2) of this section shall apply to an association unless its articles of association have vested management in the members or one or more classes of members.
(2) There shall be at least one meeting of the members in each year. At least
two managers shall be elected at such meeting by the members from among their number. Such managers shall hold their respective managerships for one year and until their successors have been elected and qualified. The members shall also elect the officers at such meeting. The election of a manager or officer shall require a majority vote of the members in number and interest.
(3) The management of the business and affairs of an association may be
vested by the articles of association in the members as members or in one or more classes of members as members of such class or classes. If management is so vested, then:
(a) Any reference in this article to a manager or managers shall be deemed
to refer to the member or members who are so vested with management authority; and
(b) Subsection (4) of this section shall apply to the association in lieu of
subsection (2) of this section.
(4) There shall be at least one meeting of the managers in each year. The
managers shall elect the officers at such meeting. The election of an officer shall require a vote of a majority in number of the managers.
(5) An association may have more than one class of members and more than
one class of managers. Any class may consist of one or more members or managers. The bylaws may provide that all or any number or portion of the members or managers or any class or classes of members or managers consent, vote, elect, determine, exercise authority, or otherwise act, with or without a meeting, on a per capita or other basis on any matter, or not act or have authority on any matter. Members and managers may be compensated for services performed for an association as a manager, officer, member, employee, agent, or other contractor.
(6) The duties of a manager shall be discharged in good faith, with the
degree of care an ordinary prudent person in a like position would exercise under similar circumstances, and in a manner that the manager reasonably believes to be in the best interests of the association. Managers and officers may rely in good faith on the same kinds of opinions, reports, statements, data, and other information and shall have the same kinds of defenses, limitations on liability, and other protections as directors of a corporation formed under the Colorado Business Corporation Act, articles 101 to 117 of this title.
(7) An association shall have officers, including a chairperson with
responsibility for presiding at meetings of managers and members and a secretary with responsibility for the preparation, maintenance, and authentication of minutes and the other records of the association. The officers shall be chosen from among the managers including the representatives of any manager who is not an individual, and shall hold their respective offices for one year and until their successors have been elected and qualified.
(8) Officers must be individuals at least eighteen years of age.
(9) The failure to hold annual or other meetings of or elections by the
members or managers does not affect the continuation of the term of any person elected or any other association action and does not work a dissolution or termination of the association.
(10) Subsections (2), (4) to (7), and (9) of this section are default rules,
subject to the bylaws.
Source: L. 95: Entire article added, p. 794, � 18, effective May 24. L. 2003: (6)
amended, p. 2249, � 147, effective July 1, 2004. L. 2004: (7) amended, p. 1448, � 151, effective July 1.
C.R.S. § 7-64-202
7-64-202. Formation of partnership. (1) Except as otherwise provided in subsection (2) of this section, the association of two or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership. A limited liability partnership is for all purposes a partnership.
(2) Subject to section 7-64-1205, an association is not a partnership under
this article if it is formed under a statute other than:
(a) This article;
(b) Article 60 of this title; or
(c) A comparable statute of another jurisdiction. A partnership that is subject
to article 60 of this title by reason of the first sentence of subsection (2) of section 7-60-106 shall be deemed to be formed under article 60 for purposes of this subsection (2).
(3) In determining whether a partnership is formed, the following rules apply:
(a) Joint tenancy, tenancy in common, tenancy by the entireties, joint
property, common property, or part ownership does not by itself establish a partnership, even if the co-owners share profits made by the use of the property.
(b) The sharing of gross returns does not by itself establish a partnership,
even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.
(c) A person who receives a share of the profits of a business is presumed to
be a partner in the business, unless the profits were received in payment:
(I) Of a debt by installments or otherwise;
(II) For services as an independent contractor or of wages or other
compensation to an employee;
(III) Of rent;
(IV) Of an annuity or other retirement or health benefit to a beneficiary,
representative, or designee of a deceased or retired partner;
(V) Of interest or other charge on a loan, even if the amount of payment
varies with the profits of the business, including a direct or indirect present or future ownership of the collateral or rights to income, proceeds, or increase in value derived from the collateral; or
(VI) For the sale of the goodwill of a business or other property by
installments or otherwise.
Source: L. 97: Entire article added, p. 872, � 1, effective January 1, 1998.
C.R.S. § 7-90-107
7-90-107. Protection of member-specific data - nonprofit entities - rights and remedies - legislative declaration. (1) The general assembly finds and declares that:
(a) Given the long-held protection of the fundamental rights of association
and privacy under the constitutions of the United States and the state of Colorado, it is in the public interest to prohibit public agencies from collecting or disclosing member-specific data about members of, volunteers of, and financial and nonfinancial donors to nonprofit entities that are exempt from taxation under the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501 (c), as amended, except as such collection or disclosure is permitted by law or rule or is necessary to enforce or ensure compliance with the law or rules of the state; and
(b) The provisions of this section concerning a public agency's access to or
use of member-specific data are consistent with:
(I) Section 7-136-105, which prohibits any person from obtaining or using a
nonprofit corporation's membership list for any purpose unrelated to a member's interest as a member; and
(II) Section 24-73-102, which requires governmental entities to protect
access to certain types of personal identifying information.
(2) Except as provided in subsection (3) of this section or as otherwise
permitted by law or as is necessary to enforce or ensure compliance with the state constitution or an applicable federal, state, or local statute, charter provision, resolution, ordinance, rule, or regulation, a public agency shall not:
(a) Require any person, including a nonprofit entity or an officer, director,
employee, or agent of a nonprofit entity, to provide the public agency with member-specific data or otherwise compel the disclosure of member-specific data;
(b) Disclose to any person one or more items of member-specific data,
including a complete or partial list of nonprofit entity members who are employed by a public agency or any information included in a nonprofit entity member's personnel files as defined in section 24-72-202 (4.5); or
(c) Request or require a current or prospective contractor or a current or
prospective grantee of a grant program administered by the public agency to provide a list of nonprofit entities to which the current or prospective contractor or grantee has provided financial or nonfinancial support.
(3) This section does not preclude a public agency from requiring production
of a nonprofit entity's member-specific data if:
(a) The member-specific data is specifically identified in a lawful subpoena
or warrant that is:
(I) Issued by a court of competent jurisdiction or is issued under the agency's
statutory or constitutional authority in an administrative, civil, or criminal matter or for an administrative proceeding before an administrative law judge, a hearing officer, or other duly authorized, quasi-judicial official, including the independent ethics commission as authorized by article XXIX of the state constitution; or
(II) Served upon a state or local agency for purposes of facilitating a lawful
investigation, subject to the conditions of a protective order as directed by the court or agency that issued the subpoena;
(b) (I) The member-specific data is produced in discovery under the Colorado
rules of civil procedure before a court of competent jurisdiction or as authorized by jurisdiction, an administrative law judge, a hearing officer, or other duly authorized, quasi-judicial official, including the independent ethics commission as authorized by article XXIX of the state constitution, so long as the presiding official enters a protective order prohibiting or limiting the disclosure of the member-specific data to the public.
(II) A protective order may be issued as described in this subsection (3)(b) at
the court's discretion in discovery by state or local agencies engaged in securities and commodities enforcement, licensing, or examination procedures.
(c) The member-specific data is admitted into evidence as relevant to
proving or disproving the claims or defenses at issue before a court of competent jurisdiction, an administrative law judge, a hearing officer, or other duly authorized, quasi-judicial official, including the independent ethics commission as authorized by article XXIX of the state constitution;
(d) The member-specific data is voluntarily and publicly disclosed by the
person or the nonprofit entity to which it relates;
(e) The member-specific data is sought by a nonprofit entity that requests
information concerning its own members from a public agency by which the members are employed;
(f) Information disclosing the identity of any director, officer, registered
agent, or incorporator of a nonprofit entity in a report or disclosure is required by statute to be filed with the secretary of state or, for unincorporated associations, an agency that is designated by law; except that information that directly identifies a person solely because the person is a financial donor to a nonprofit entity shall not be disclosed unless disclosure is required by subsection (3)(g) of this section;
(g) The member-specific data is required to be made public because
disclosure of a contribution or donation made by one or more members of a nonprofit entity is expressly required by federal, state, or local campaign finance laws;
(h) The member-specific data is required by statute or regulation in order for
an applicant to qualify for or to operate a business activity in the state or in order for licensees or registrants to comply with ongoing regulatory requirements, so long as the member-specific data is used only in connection with lawful regulatory or enforcement activity to which the request relates and for any related proceedings;
(i) The member-specific data is necessary to determine compliance with
federal or state antitrust statutes;
(j) The member-specific data is sought by a public agency investigating
alleged violations of state or local civil or criminal laws as permitted or expressly required by law;
(k) The member-specific data is collected and used for the purpose of
evaluating the suitability of applicants for, and any potential conflicts of interest resulting from, employment by a public agency or appointments to state or local boards, commissions, advisory committees, task forces, grant application review committees, or comparable entities, so long as the member-specific data is used only in connection with the specific application for an appointment to which the request relates and for any related proceedings;
(l) The member-specific data is collected and used in order to determine
whether a person that is applying for or being evaluated for any grant, benefits, financing, or payments from or through, or any contract with, a public agency should be awarded the grant, benefits, financing, payments, or contract and includes information pertaining to persons related to or affiliated with the applicant, as well as persons conducting the evaluation, so long as the member-specific data is used only in connection with the specific application for, or evaluation for, a grant, benefits, financing, or payments to which the request relates and for any related proceedings;
(m) The member-specific data is collected and used by the office of the state
auditor for the purpose of performing the functions of that office or in an audit, evaluation, or study conducted by a public agency to perform its functions, so long as the member-specific data is used only for official state business;
(n) The member-specific data is collected and used by a public agency that
is formed as a nonprofit entity where such member-specific data is used, either directly by the public agency or through its authorized agent, solely to contact, inform, or solicit its dues-paying members or donors, or to seek updates of their member-specific data;
(o) The member-specific data is sought by the department of revenue to
determine a taxpayer's compliance with laws relating to the deduction or credits arising from contributions to a nonprofit entity from a person's taxable income;
(p) The member-specific data is produced for the purposes of enforcement,
examination, or other securities and commodities regulatory matters, including collaboration with other securities and commodities enforcement and regulatory agencies, including, but not limited to, international, foreign, federal, state, and self-regulatory agencies, such as the financial industry regulatory authority;
(q) The member-specific data concerns a member who has been issued or is
practicing under any class of license under section 44-20-108 or 44-20-408; or
(r) The member-specific data was voluntarily released to the public agency
by the person or the nonprofit entity to which the data relates.
(4) (a) A nonprofit entity or any of its members affected adversely by a
violation of this section may initiate a civil action in district court for injunctive relief, damages, or such other relief as is appropriate to address the violation. Such an action must be initiated against the public agency that sought and obtained, or improperly disclosed, member-specific data of the nonprofit entity in violation of this section.
(b) Notwithstanding the limitations of the Colorado Governmental Immunity
Act, article 10 of title 24, damages may be awarded to compensate a person for injury or loss caused by a public agency wrongfully requiring the production of, or wrongfully disclosing, member-specific data as follows:
(I) Except as described in subsection (4)(b)(II) of this section, not less than
two thousand five hundred dollars for each reckless violation of this section; and
(II) Not less than seven thousand five hundred dollars for each intentional
violation of this section.
(c) A court may award the costs of litigation, including reasonable attorney
fees and witness fees, to a complainant that prevails in an action described in this subsection (4).
Source: L. 2024: Entire section added, (SB 24-129), ch. 272, p. 1775, � 2,
effective August 7.
PART 2
MERGER AND CONVERSION OF ENTITIES
Editor's note: This article was added in 1997, and this part 2 was
subsequently repealed and reenacted in 2000, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 2 prior to 2000, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
C.R.S. § 7-90-801
7-90-801. Authority to transact business or conduct activities required. (1) A foreign entity shall not transact business or conduct activities in this state except in compliance with this part 8 and not until its statement of foreign entity authority is filed in the records of the secretary of state. Notwithstanding the foregoing, this part 8 shall not apply to foreign general partnerships that are not foreign limited liability partnerships and shall not apply to foreign unincorporated nonprofit associations. To the extent that a provision of this part 8 is inconsistent with another statute of this state in its application to a foreign entity, such other statute, and not such provision of this part 8, shall apply.
(2) A foreign entity shall not be considered to be transacting business or
conducting activities in this state within the meaning of subsection (1) of this section by reason of carrying on in this state any one or more of the following activities:
(a) Maintaining, defending, or settling in its own behalf any proceeding or
dispute;
(b) Holding meetings of its owners or managers or carrying on other
activities concerning its internal affairs;
(c) Maintaining bank accounts;
(d) Maintaining offices or agencies for the transfer, exchange, and
registration of its own securities or owner's interests, or maintaining trustees or depositories with respect to those securities or owner's interests;
(e) Selling through independent contractors;
(f) Soliciting or obtaining orders, whether by mail or electronic transmission,
through employees or agents, or otherwise, if the orders require acceptance outside this state before they become contracts;
(g) Creating, as borrower or lender, or acquiring, indebtedness;
(h) Creating, as borrower or lender, or acquiring, mortgages or other security
interests in real or personal property;
(i) Securing or collecting debts in its own behalf or enforcing mortgages or
security interests in property securing such debts;
(j) Owning, without more, real or personal property;
(k) Conducting an isolated transaction that is completed within thirty days
and that is not one in the course of repeated transactions of a like nature;
(l) Transacting business or conducting activities in interstate commerce; and
(m) In the case of a foreign nonprofit corporation:
(I) Granting funds; or
(II) Distributing information to its members.
(3) The list of activities in subsection (2) of this section is not exhaustive.
(4) Nothing in this section shall limit or affect the right to subject a foreign
entity that does not, or is not required to, have authority to transact business or conduct activities in this state to the jurisdiction of the courts of this state or to serve upon any foreign entity any process, notice, or demand required or permitted by law to be served upon an entity pursuant to part 7 of this article or sections 13-1-124 and 13-1-125, C.R.S., or any other provision of law or pursuant to the applicable rules of civil procedure.
(5) A foreign nonprofit entity shall be considered to be transacting business
or conducting activities in this state if it is required to file a registration statement with the secretary of state pursuant to section 6-16-104, C.R.S.
Source: L. 2003: Entire part added, p. 2305, � 217, effective July 1, 2004. L.
2004: (1) amended, p. 1492, � 236, effective July 1. L. 2007: (5) added, p. 244, � 39, effective May 29. L. 2021: (2)(f) amended, (HB 21-1124), ch. 41, p. 157, � 1, effective April 19.
C.R.S. § 8-12-103
8-12-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Repealed.
(2) Director means the director of the division of labor standards and
statistics.
(3) Division means the division of labor standards and statistics in the
department of labor and employment.
(4) Employment means any occupation engaged in for compensation in
money or other valuable consideration, whether paid to the minor or to some other person, including, but not limited to, occupation as a servant, agent, subagent, or independent contractor.
(5) Minor means any person under the age of eighteen, except a person
who has received a high school diploma or a passing score on the general educational development examination. The state board of education may administer the general educational development examination to any minor seventeen years of age or older who wishes to be considered an adult for the purpose of this article if such person is qualified to take the examination under the standards established by the state board of education.
(6) School day means any day when normal classes are in session during
the regular school year in the school district.
(7) School hours means that period during which the student is expected to
be in school in the school district.
Source: L. 71: R&RE, p. 889, � 1. C.R.S. 1963: � 80-6-3. L. 86: (1) repealed, p.
502, � 125, effective July 1. L. 2016: (2) and (3) amended, (HB 16-1323), ch. 131, p. 378, � 13, effective August 10.
C.R.S. § 8-13-111
8-13-111. Penalty for violation. (Repealed)
Source: L. 27: p. 289, � 3. CSA: C. 97, � 116. CRS 53: � 80-7-17. C.R.S. 1963: �
80-14-14. L. 2000: Entire section repealed, p. 161, � 3, effective March 17.
ARTICLE 13.3
Family and Medical Leave
Cross references: For the legislative declaration contained in the 2009 act
adding this article, see section 1 of chapter 340, Session Laws of Colorado 2009.
PART 1
PARENTAL INVOLVEMENT
8-13.3-101 to 8-13.3-104. (Repealed)
Editor's note: (1) This part 1 was added in 2009 and was not amended prior to
its repeal in 2015. For the text of this part 1 prior to 2015, consult the 2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 8-13.3-104 provided for the repeal of this part 1, effective
September 1, 2015. (See L. 2009, p. 1791.)
PART 2
FAMILY AND MEDICAL LEAVE ELIGIBILITY
Editor's note: (1) Article 13.3 was enacted in 2009 by HB 09-1057 and
included a future repeal for the article in � 8-13.3-104, effective September 1, 2015.
(2) Part 2 of this article was enacted in 2013 by HB 13-1222 and includes a
future repeal for this part 2 in � 8-13.3-205, effective when certain conditions specified in this part 2 are met.
8-13.3-201. Short title. This part 2 shall be known and may be cited as the
Family Care Act.
Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 508, �1, effective
August 7.
8-13.3-202. Definitions. As used in this part 2, unless the context otherwise
requires:
(1) Civil union has the same meaning as set forth in section 14-15-103 (1),
C.R.S.
(2) Employee means a person employed by an employer and who is eligible
for FMLA leave.
(3) Employer has the same meaning as set forth in the FMLA.
(4) FMLA means the federal Family and Medical Leave Act of 1993,
Pub.L. 103-3, as amended, 29 U.S.C. sec. 2601 et seq.
(5) FMLA leave means leave from work and all benefits authorized by the
FMLA.
Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 508, �1, effective
August 7.
8-13.3-203. Family and medical leave - state requirements. (1) In addition
to the leave to which an employee is entitled under the FMLA, an employee in this state is entitled to FMLA leave to care for a person who has a serious health condition, as that term is defined in the FMLA, if the person:
(a) Is the employee's partner in a civil union, as defined in section 14-15-103
(5), C.R.S.; or
(b) Is the employee's domestic partner and:
(I) Has registered the domestic partnership with the municipality in which the
person resides or with the state, if applicable; or
(II) Is recognized by the employer as the employee's domestic partner.
(2) (a) For purposes of confirming an employee's relationship to a person
described in subsection (1) of this section for whom the employee is requesting FMLA leave, the employer may require the employee to provide reasonable documentation or a written statement of family relationship, in accordance with the FMLA.
(b) An employer may require an employee seeking FMLA leave for a person
described in subsection (1) of this section to submit the same certification as the employer may require under the FMLA.
(3) FMLA leave taken by an employee pursuant to this section runs
concurrently with leave taken under the FMLA, and this section does not:
(a) Increase the total amount of leave to which an employee is entitled
during a twelve-month period under the FMLA, this section, or both; and
(b) Preclude an employer from granting an employee an amount of leave
that exceeds the total amount of leave to which the employee is entitled during a twelve-month period under the FMLA.
Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 509, �1, effective
August 7.
8-13.3-204. Enforcement. If an employer denies an employee in this state
FMLA leave to care for a person described in section 8-13.3-203 who is not a person for whom the employee would be entitled to leave under the FMLA, or interferes with an employee's exercise of or attempt to exercise his or her right to FMLA leave for persons described in section 8-13.3-203, the employer is subject to damages and equitable relief as specified in the FMLA. An aggrieved employee may bring an action in state court against the employer to recover damages or equitable relief.
Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 509, �1, effective
August 7.
8-13.3-205. Repeal of part. This part 2 is repealed if the United States
congress enacts and the president signs federal legislation amending the FMLA to permit employees to use FMLA leave for all persons described in section 8-13.3-203. The executive director of the department of labor and employment shall notify the revisor of statutes, in writing, if the condition specified in this section occurs.
Source: L. 2013: Entire part added, (HB 13-1222), ch. 157, p. 510, �1, effective
August 7.
Editor's note: (1) As of publication date, the revisor of statutes has not
received the notice referred to in this section.
(2) (a) Effective March 27, 2015, the United States Department of Labor's
Wage and Hour Division revised the regulation defining spouse under the Family and Medical Leave Act of 1993 (FMLA) in light of the U.S. Supreme Court's decision in United States v. Windsor, 570 U.S. 744, 133 S. Ct. 2675, 186 L. Ed. 2d 808 (2013), which held section 3 of the Defense of Marriage Act, 1 U.S.C. section 7, unconstitutional. The applicable regulations, 29 CFR 825.102 and 825.122(b), define spouse to include an individual in a same-sex marriage that was entered into in a state that recognizes such marriages or, if entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state.
(b) On March 26, 2015, the U.S. District Court for the Northern District of
Texas, in Texas v. United States, granted a request made by the states of Texas, Arkansas, Louisiana, and Nebraska for a preliminary injunction with respect to the department's final rule revising the regulatory definition of spouse under the FMLA. On June 26, 2015, the district court dissolved the preliminary injunction in light of the Supreme Court's decision in Obergefell v. Hodges, 576 U.S. 644 (2015). For a discussion of Obergefell v. Hodges, see the editor's note for section 31 of article II of the state constitution.
PART 3
FAMILY AND MEDICAL LEAVE IMPLEMENTATION
8-13.3-301 to 8-13.3-305. (Repealed)
Source: L. 2025: Entire part repealed, (SB 25-271), ch. 375, p. 2018, � 1,
effective August 6.
Editor's note: This part 3 was added in 2019 and was not amended prior to its
repeal in 2025. For the text of this part 3 prior to 2025, consult the 2024 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
PART 4
HEALTHY FAMILIES AND WORKPLACES
Law Reviews: For article, Paid Sick Leave Requirements under the Healthy
Families and Workplaces Act, see 49 Colo. Law. 46 (Dec. 2020).
8-13.3-401. Short title. The short title of this part 4 is the Healthy Families
and Workplaces Act.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1443, � 1,
effective July 14.
8-13.3-402. Definitions. As used in this part 4, unless the context otherwise
requires:
(1) Director means the director of the division.
(2) Division means the division of labor standards and statistics in the
department of labor and employment created in section 8-1-103.
(3) Domestic abuse has the meaning set forth in section 13-14-101 (2).
(4) Employee has the meaning set forth in section 8-4-101 (5). Employee
does not include an employee as defined in 45 U.S.C. sec. 351 (d) who is subject to the federal Railroad Unemployment Insurance Act, 45 U.S.C. sec. 351 et seq.
(5) (a) Employer has the meaning set forth in section 8-4-101 (6); except
that the term includes the state and its agencies or entities, counties, cities and counties, municipalities, school districts, and any political subdivisions of the state.
(b) Employer does not include the federal government.
(6) Family member means:
(a) An employee's immediate family member, as defined in section 2-4-401
(3.7);
(b) A child to whom the employee stands in loco parentis or a person who
stood in loco parentis to the employee when the employee was a minor; or
(c) A person for whom the employee is responsible for providing or arranging
health- or safety-related care.
(7) Harassment has the meaning set forth in section 18-9-111.
(8) (a) (I) Paid sick leave means time off from work that is:
(A) Compensated at the same hourly rate or salary and with the same
benefits, including health care benefits, as the employee normally earns during hours worked; and
(B) Provided by an employer to an employee for one or more of the purposes
described in sections 8-13.3-404 to 8-13.3-406.
(II) As used in subsection (8)(a)(I)(A) of this section:
(A) Same hourly rate or salary under this part 4 does not include overtime,
bonuses, or holiday pay.
(B) For employees paid on a commission basis only, same hourly rate or
salary means a rate of no less than the applicable minimum wage.
(C) For employees paid an hourly, weekly, or monthly wage and also paid on
a commission basis, same hourly rate or salary means the rate of pay equivalent to the employee's hourly, weekly, or monthly wage or the applicable minimum wage, whichever is greater.
(b) Paid sick leave is wages as defined in section 8-4-101 (14).
(9) Public health emergency means:
(a) An act of bioterrorism, a pandemic influenza, or an epidemic caused by a
novel and highly fatal infectious agent, for which:
(I) An emergency is declared by a federal, state, or local public health
agency; or
(II) A disaster emergency is declared by the governor; or
(b) A highly infectious illness or agent with epidemic or pandemic potential
for which a disaster emergency is declared by the governor.
(10) Retaliatory personnel action means:
(a) The denial of any right guaranteed under this part 4; or
(b) Any adverse action against an employee for exercising any right
guaranteed in this part 4, including:
(I) Any threat, discipline, discharge, suspension, demotion, reduction of
hours, or reporting or threatening to report an employee's suspected citizenship or immigration status or the suspected citizenship or immigration status of a family member of the employee to a federal, state, or local agency; or
(II) Any sanctions against an employee who is the recipient of public benefits
for rights guaranteed under this part 4; or
(III) Interference with or punishment for participating in or assisting, in any
manner, an investigation, proceeding, or hearing under this part 4.
(11) Sexual assault has the meaning set forth in section 18-3-402.
(12) Successor employer means an employing unit, whether or not an
employing unit at the time of acquisition, that becomes an employer subject to this part 4 because it acquires all of an organization, a trade, or a business or substantially all of the assets of one or more employers subject to this part 4.
(13) Year means a regular and consecutive twelve-month period as
determined by an employer; except that, for the purposes of section 8-13.3-411, year means a calendar year.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1443, � 1,
effective July 14.
8-13.3-403. Paid sick leave - accrual - carry forward to subsequent year -
comparable leave provided by employer - no payment for unused leave - rules. (1) (a) All employees working in Colorado have the right to paid sick leave as specified in this part 4.
(b) Repealed.
(c) Effective January 1, 2022, each employer shall provide each employee
paid sick leave as provided in this section.
(2) (a) Each employee earns at least one hour of paid sick leave for every
thirty hours worked by the employee; except that an employee is not entitled under this section to earn or use more than forty-eight hours of paid sick leave each year, unless the employer selects a higher limit. An employer may satisfy the accrual requirements of this section by providing the employee with an amount of paid sick leave that meets or exceeds the requirements of this section at the beginning of the year. Nothing in this section discourages or prohibits an employer from providing paid sick leave that accrues at a faster or more generous rate than required by this section. This subsection (2)(a) does not limit the ability of an employee to use paid sick leave as provided in section 8-13.3-405.
(b) Nothing in this part 4 precludes an employer from providing employees
more paid sick leave than the amounts specified in this subsection (2).
(c) An employee who is exempt from overtime required in section 8-6-111 (4)
accrues paid sick leave based on the assumption that the employee works forty hours per week. If the employee's normal workweek consists of fewer than forty hours, the employee accrues paid sick leave based upon the number of hours that comprise the employee's normal workweek.
(3) (a) An employee begins to accrue paid sick leave when employment with
the employer begins and may use accrued paid sick leave as it is accrued.
(b) Up to forty-eight hours of paid sick leave that an employee accrues in a
year but does not use carries forward to, and may be used in, a subsequent year; except that an employer is not required to allow the employee to use more than forty-eight hours of paid sick leave in a year.
(4) An employer that has a paid leave policy for its employees may satisfy
the requirements of this section and section 8-13.3-405 and is not required to provide additional paid sick leave to its employees if the employer:
(a) Makes available to its employees, through its paid leave policy, an
amount of paid leave sufficient to satisfy section 8-13.3-405 and meet the accrual requirements of subsection (2)(a) of this section; and
(b) Allows its employees to use the paid leave for the same purposes and
under the same conditions as those applicable to paid sick leave under this part 4.
(5) (a) Except as specified in subsection (5)(b) of this section, and
notwithstanding section 8-4-101 (14)(a)(IV), nothing in this section requires an employer to provide financial or other reimbursement of unused paid sick leave to an employee upon termination, resignation, retirement, or other separation from employment; except that an individual may recover paid sick leave as a remedy for a retaliatory personnel action that prevented the individual from using paid sick leave.
(b) If an employee separates from employment and is rehired by the same
employer within six months after the separation, the employer shall reinstate any paid sick leave that the employee had accrued but not used during the employee's previous employment with the employer and that had not been converted to monetary compensation to the employee at the time of separation from employment.
(6) An employer may loan paid sick leave to an employee in advance of
accrual of paid sick leave by the employee.
(7) If an employee is transferred to a separate division, entity, or location but
remains employed by the same employer, the employee is entitled to all paid sick leave accrued at the prior division, entity, or location and is entitled to use all paid sick leave as provided in this section.
(8) If a successor employer succeeds an original employer, all employees of
the original employer who remain employed by the successor employer are entitled to all paid sick leave that the employees accrued when employed by the original employer and are entitled to use previously accrued paid sick leave as specified in section 8-13.3-404.
(9) The division shall promulgate rules regarding compensation and accrual
of paid sick leave for employees employed and compensated on a fee-for-service basis.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1445, � 1,
effective July 14.
Editor's note: Subsection (1)(b) provided for the repeal of subsection (1)(b),
effective January 1, 2022. (See L. 2020, p. 1445.)
8-13.3-404. Use of paid sick leave - purposes - time increments. (1) An
employer shall allow an employee to use the employee's accrued paid sick leave to be absent from work when:
(a) The employee:
(I) Has a mental or physical illness, injury, or health condition that prevents
the employee from working;
(II) Needs to obtain a medical diagnosis, care, or treatment of a mental or
physical illness, injury, or health condition;
(III) Needs to obtain preventive medical care; or
(IV) Needs to grieve, attend funeral services or a memorial, or deal with
financial and legal matters that arise after the death of a family member;
(b) The employee needs to care for a family member who:
(I) Has a mental or physical illness, injury, or health condition;
(II) Needs to obtain a medical diagnosis, care, or treatment of a mental or
physical illness, injury, or health condition; or
(III) Needs to obtain preventive medical care;
(c) The employee or the employee's family member has been the victim of
domestic abuse, sexual assault, or harassment and the use of leave is to:
(I) Seek medical attention for the employee or the employee's family
member to recover from a mental or physical illness, injury, or health condition caused by the domestic abuse, sexual assault, or harassment;
(II) Obtain services from a victim services organization;
(III) Obtain mental health or other counseling;
(IV) Seek relocation due to the domestic abuse, sexual assault, or
harassment; or
(V) Seek legal services, including preparation for or participation in a civil or
criminal proceeding relating to or resulting from the domestic abuse, sexual assault, or harassment;
(d) Due to a public health emergency, a public official has ordered closure of:
(I) The employee's place of business; or
(II) The school or place of care of the employee's child and the employee
needs to be absent from work to care for the employee's child;
(e) The employee needs to care for a family member whose school or place
of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the closure of the family member's school or place of care; or
(f) The employee needs to evacuate the employee's place of residence due
to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the need to evacuate the employee's residence.
(2) An employer shall allow an employee to use paid sick leave upon the
request of an employee. The request may be made orally, in writing, electronically, or by any other means acceptable to the employer. When possible, the employee shall include the expected duration of the absence. An employer may provide a written policy that contains reasonable procedures for the employee to provide notice when the use of paid sick leave taken under this section is foreseeable. An employer shall not deny paid sick leave to the employee based on noncompliance with such a policy.
(3) An employee must use paid sick leave in hourly increments unless the
employee's employer allows paid sick leave to be taken in smaller increments of time.
(4) An employer shall not require, as a condition of providing paid sick leave
under this part 4, an employee who uses paid sick leave to search for or find a replacement worker to cover the time during which the employee is absent from work.
(5) When the use of paid sick leave taken under this section is foreseeable,
the employee shall make a good-faith effort to provide notice of the need for paid sick leave to the employee's employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.
(6) Notwithstanding section 8-13.3-405 (4)(b), for paid sick leave of four or
more consecutive work days, an employer may require reasonable documentation that the paid sick leave is for a purpose authorized by this part 4.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1447, � 1,
effective July 14. L. 2023: (1)(a)(II), (1)(a)(III), and (1)(c)(V) amended and (1)(a)(IV), (1)(e), and (1)(f) added, (SB 23-017), ch. 313, p. 1906, � 1, effective August 7.
8-13.3-405. Additional paid sick leave during a public health emergency.
(1) In addition to paid sick leave accrued under section 8-13.3-403, on the date a public health emergency is declared, each employer in the state shall supplement each employee's accrued paid sick leave as necessary to ensure that an employee may take the following amounts of paid sick leave for the purposes specified in subsection (3) of this section:
(a) For employees who normally work forty or more hours in a week, at least
eighty hours;
(b) For employees who normally work fewer than forty hours in a week, at
least the greater of either the amount of time the employee is scheduled to work in a fourteen-day period or the amount of time the employee actually works on average in a fourteen-day period.
(2) (a) An employer may count an employee's unused accrued paid sick leave
under section 8-13.3-403 toward the supplemental paid sick leave required in subsection (1) of this section.
(b) An employee may use paid sick leave under this section until four weeks
after the official termination or suspension of the public health emergency.
(3) An employer shall provide its employees the paid sick leave required in
subsection (1) of this section for the following absences related to a public health emergency:
(a) An employee's need to:
(I) Self-isolate and care for oneself because the employee is diagnosed with
a communicable illness that is the cause of a public health emergency;
(II) Self-isolate and care for oneself because the employee is experiencing
symptoms of a communicable illness that is the cause of a public health emergency;
(III) Seek or obtain medical diagnosis, care, or treatment if experiencing
symptoms of a communicable illness that is the cause of a public health emergency;
(IV) Seek preventive care concerning a communicable illness that is the
cause of a public health emergency; or
(V) Care for a family member who:
(A) Is self-isolating after being diagnosed with a communicable illness that is
the cause of a public health emergency;
(B) Is self-isolating due to experiencing symptoms of a communicable illness
that is the cause of a public health emergency;
(C) Needs medical diagnosis, care, or treatment if experiencing symptoms of
a communicable illness that is the cause of a public health emergency; or
(D) Is seeking preventive care concerning a communicable illness that is the
cause of a public health emergency;
(b) With respect to a communicable illness that is the cause of a public
health emergency:
(I) A local, state, or federal public official or health authority having
jurisdiction over the location in which the employee's place of employment is located or the employee's employer determines that the employee's presence on the job or in the community would jeopardize the health of others because of the employee's exposure to the communicable illness or because the employee is exhibiting symptoms of the communicable illness, regardless of whether the employee has been diagnosed with the communicable illness; or
(II) Care of a family member after a local, state, or federal public official or
health authority having jurisdiction over the location in which the family member's place of employment is located or the family member's employer determines that the family member's presence on the job or in the community would jeopardize the health of others because of the family member's exposure to the communicable illness or because the family member is exhibiting symptoms of the communicable illness, regardless of whether the family member has been diagnosed with the communicable illness;
(c) Care of a child or other family member when the individual's child care
provider is unavailable due to a public health emergency, or if the child's or family member's school or place of care has been closed by a local, state, or federal public official or at the discretion of the school or place of care due to a public health emergency, including if a school or place of care is physically closed but providing instruction remotely;
(d) An employee's inability to work because the employee has a health
condition that may increase susceptibility to or risk of a communicable illness that is the cause of the public health emergency.
(4) Notwithstanding any other provision in this part 4:
(a) An employee shall notify the employee's employer of the need for paid
sick leave under this section as soon as practicable when the need for paid sick leave is foreseeable and the employer's place of business has not been closed;
(b) Documentation is not required to take paid sick leave under this section;
and
(c) Employees are only eligible for paid sick leave in the amount described in
subsection (1) of this section once during the entirety of a public health emergency even if such public health emergency is amended, extended, restated, or prolonged.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1449, � 1,
effective July 14.
8-13.3-406. Paid sick leave related to COVID-19. (1) Employers in the state
shall comply with the federal Emergency Paid Sick Leave Act in the Families First Coronavirus Response Act, Pub.L. 116-127.
(2) On and after July 14, 2020, through December 31, 2020, each employer in
the state, regardless of size, shall provide paid sick leave in the amount and for the purposes provided in the federal Emergency Paid Sick Leave Act in the Families First Coronavirus Response Act, Pub.L. 116-127, to each employee who is not covered under the Emergency Paid Sick Leave Act.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1451, � 1,
effective July 14.
8-13.3-407. Employee rights protected - retaliation prohibited. (1) An
employee is entitled to:
(a) Use paid sick leave consistent with this part 4;
(b) File a complaint or inform any person about an employer's alleged
violation of this part 4;
(c) Cooperate with the division in its investigation of an alleged violation of
this part 4; and
(d) Inform any person of the person's potential rights under this part 4.
(2) (a) An employer shall not take retaliatory personnel action or discriminate
against an employee or former employee because the person has exercised, attempted to exercise, or supported the exercise of rights protected under this part 4, including the right to request or use paid sick leave pursuant to this part 4; the right to file a complaint with the division or court or inform any person about any employer's alleged violation of this part 4; the right to participate in an investigation, hearing, or proceeding or cooperate with or assist the division in its investigations of alleged violations of this part 4; and the right to inform any person of the person's potential rights under this part 4.
(b) It is unlawful for an employer to count paid sick leave taken by an
employee pursuant to this part 4 as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other retaliatory personnel action against the employee.
(3) The protections of this section apply to any person acting in good faith
who alleges a violation of this part 4, even if the allegation is determined to be mistaken.
(4) The division shall investigate each claim of denial of paid sick leave in
violation of this part 4. The division may investigate claims of retaliation in violation of this part 4.
(5) If an investigation of employer retaliation or interference with employee
rights yields a determination that:
(a) Rights of multiple employees have been violated, the violation as to each
employee is a separate violation for purposes of fines, penalties, or other remedies;
(b) A violation cost an employee the employee's job or pay, the determination
may include an order to reinstate the employee, to pay the employee's lost pay until reinstatement or for a reasonable period if reinstatement is determined not to be feasible, or both.
(6) Determinations made by the division under this section are appealable
pursuant to section 8-4-111.5 and rules promulgated by the department regarding appeals and strategic enforcement.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1451, � 1,
effective July 14.
8-13.3-408. Notice to employees - penalty - rules. (1) Each employer shall
notify its employees that they are entitled to paid sick leave, pursuant to rules promulgated by the division. The rules must require the notice to:
(a) Specify the amount of paid sick leave to which employees are entitled
and the terms of its use under this part 4; and
(b) Notify employees that employers cannot retaliate against an employee
for requesting or using paid sick leave and that an employee has the right to file a complaint or bring a civil action if paid sick leave is denied by the employer or the employer retaliates against the employee for exercising the employee's rights under this part 4.
(2) An employer complies with the notice requirements of this section by:
(a) Supplying each employee with a written notice containing the information
specified in subsection (1) of this section that is in English and in any language that is the first language spoken by at least five percent of the employer's workforce; and
(b) Displaying a poster created pursuant to subsection (3) of this section in a
conspicuous and accessible location in each establishment where the employer's employees work that contains the information required by subsection (1) of this section in English and in any language that is the first language spoken by at least five percent of the employer's workforce.
(3) The division shall create and make available to employers posters and
notices that contain the information required by subsection (1) of this section, and employers may use the posters and notices to comply with the requirements of this section.
(4) (a) An employer who willfully violates subsection (2)(a) or (6) of this
section is subject to a civil fine not to exceed one hundred dollars for each separate violation.
(b) An employer who willfully violates subsection (2)(b) of this section is
subject to a civil fine not to exceed one hundred dollars.
(c) The fines collected under this subsection (4) shall be transmitted to the
state treasurer, who shall deposit the fines in the general fund.
(5) If an employer's business is closed due to a public health emergency or a
disaster emergency due to a public health concern, the notice and posting requirements of this section are waived for the period during which the place of business is closed.
(6) If an employer does not maintain a physical workplace, or an employee
teleworks or performs work through a web-based platform, the employer shall provide the notice required in this section through electronic communication or a conspicuous posting in the web-based platform.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1452, � 1,
effective July 14.
8-13.3-409. Employer records. (1) An employer shall retain records for each
employee for a two-year period, documenting hours worked, paid sick leave accrued, and paid sick leave used. Upon appropriate notice and at a mutually agreeable time, the employer shall allow the division access to the records for purposes of monitoring compliance with this part 4.
(2) If an issue arises as to an employee's right to paid sick leave and the
employer has not maintained or retained adequate records for that employee or does not allow the division reasonable access to the records, the employer shall be presumed to have violated this part 4 unless the employer demonstrates compliance by a preponderance of the evidence.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1453, � 1,
effective July 14.
8-13.3-410. Authority of director - rules. The director may coordinate
implementation and enforcement of this part 4 and adopt rules as necessary for such purposes.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1453, � 1,
effective July 14.
8-13.3-411. Enforcement - judicial review of director's actions. (1) The
director and the division have jurisdiction over the enforcement of this part 4 and may exercise all powers granted under article 1 of this title 8 to enforce this part 4.
(2) The division may enforce the requirements of this part 4.
(3) Pursuant to section 8-1-130, any findings, awards, or orders issued by the
director with respect to enforcement of this part 4 constitute final agency action, and any person affected by such final agency action may seek judicial review as provided in section 24-4-106.
(4) (a) A person aggrieved by a violation of this part 4 may commence a civil
action in district court no later than two years after the violation occurs. A violation of this part 4 occurs on each occasion that a person is affected by a failure to provide paid sick leave or retaliation related to paid sick leave.
(b) (I) Repealed.
(II) Beginning January 1, 2022, an employer who violates this part 4 is liable
for back pay and any other relief as provided by section 8-5-104 (2)(a) and (2)(b).
(c) If a civil action is commenced under this section, any party to the civil
action may demand a trial by jury.
(d) Before commencing any civil action under this section, an aggrieved
person must, in accordance with article 4 of this title 8, submit a complaint to the division or make a written demand for compensation or other relief to the employer. An employer has fourteen days to respond after receiving either a notice from the division that a complaint has been filed with the division or a written demand from the aggrieved person for compensation or other relief under this part 4.
(e) If a person aggrieved by a violation of this part 4 files a civil action to
enforce a judgment made under this section, the court shall waive any filing fee required under article 32 of title 13.
(f) Nothing in this section prevents an aggrieved person from filing a charge
with the division pursuant to this section.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1454, � 1,
effective July 14.
Editor's note: Subsection (4)(b)(I) provided for the repeal of subsection
(4)(b)(I), effective January 1, 2022. (See L. 2020, p. 1454.)
8-13.3-412. Confidentiality of employee information - definition. (1) An
employer shall not require disclosure of details relating to domestic violence, sexual assault, or stalking or the details of an employee's or an employee's family member's health information as a condition of providing paid sick leave under this part 4.
(2) Any health or safety information possessed by an employer regarding an
employee or employee's family member must:
(a) Be maintained on a separate form and in a separate file from other
personnel information;
(b) Be treated as confidential medical records; and
(c) Not be disclosed except to the affected employee or with the express
permission of the affected employee.
(3) As used in this section, affected employee means the employee:
(a) About whom the health information pertains or who is the victim of the
domestic abuse, sexual assault, or harassment; or
(b) Whose family member is the subject of the health information or is the
victim of the domestic abuse, sexual assault, or harassment.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1454, � 1,
effective July 14.
8-13.3-413. Employers encouraged to provide more generous paid sick
leave. (1) Nothing in this part 4 discourages or prohibits an employer from adopting or continuing a paid sick leave policy that is more generous than the paid sick leave policy required by this part 4.
(2) Nothing in this part 4 diminishes:
(a) The obligation of an employer to comply with any contract, collective
bargaining agreement, employment benefit plan, or other agreement providing employees with a more generous paid sick leave policy than the paid sick leave policy required by this part 4; or
(b) The rights, privileges, or remedies of an employee under a collective
bargaining or partnership agreement, employer policy, or employment contract.
(3) Nothing in this part 4 diminishes the rights of public employees regarding
paid sick leave or the use of paid sick leave as provided in section 24-50-104 (7).
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1455, � 1,
effective July 14.
8-13.3-414. Other legal requirements applicable. (1) This part 4 provides
minimum requirements pertaining to paid sick leave and does not preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for a greater amount, accrual, or use by employees of paid sick leave or that extends other protections to employees.
(2) To the extent allowable and not in conflict with federal law, any paid sick
leave provided to an employee of a federal contractor as required by federal executive order 13706, Establishing Paid Sick Leave for Federal Contractors, as published in 81 Fed. Reg. 67598 (2016), is considered paid sick leave provided under this part 4.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1455, � 1,
effective July 14.
8-13.3-415. Collective bargaining agreements. (1) (a) With agreement of
the fund trustees, an employer signatory to a multiemployer collective bargaining agreement may fulfill its obligations under this part 4 by making contributions to a multiemployer paid sick leave fund, plan, or program based on the hours each of its employees accrues pursuant to this part 4 while working under the multiemployer collective bargaining agreement, if the fund, plan, or program enables employees to collect paid sick leave from the fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement and for the purposes specified under this part 4.
(b) Employees who work under a multiemployer collective bargaining
agreement into which their employers make contributions as provided in subsection (1)(a) of this section may collect from the paid sick leave fund, plan, or program based on hours they have worked under the multiemployer collective bargaining agreement and for the purposes specified under this part 4.
(2) This part 4 does not apply to employees covered by a bona fide collective
bargaining agreement in effect on July 14, 2020, if the collective bargaining agreement provides for equivalent or more generous paid sick leave for the employees covered by the collective bargaining agreement.
(3) For employees covered by a bona fide collective bargaining agreement
that is initially negotiated or negotiated for the next collective bargaining agreement after July 14, 2020, this part 4 does not apply to such employees if the requirements of this part 4 are expressly waived in the collective bargaining agreement and the collective bargaining agreement provides for equivalent or more generous paid sick leave for the employees covered by the collective bargaining agreement.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1456, � 1,
effective July 14.
8-13.3-416. Employer policies. An employer policy adopted or retained must
not diminish an employee's right to paid sick leave under this part 4. Any agreement by an employee to waive the employee's rights under this part 4 is void as against public policy.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1456, � 1,
effective July 14.
8-13.3-417. Severability. If any provision of this part 4 or application thereof
to any person or circumstance is judged invalid, the invalidity does not affect other provisions or applications of this part 4 that can be given effect without the invalid provision or application, and to this end the provisions of this part 4 are declared severable.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1456, � 1,
effective July 14.
8-13.3-418. Employer authorized to take disciplinary action. Nothing in this
part 4 prohibits an employer from taking disciplinary action against an employee who uses paid sick leave provided under this part 4 for purposes other than those described in this part 4.
Source: L. 2020: Entire part added, (SB 20-205), ch. 294, p. 1456, � 1,
effective July 14.
PART 5
PAID FAMILY AND MEDICAL LEAVE INSURANCE
Editor's note: This part 5 was added by Proposition 118, effective upon
proclamation of the governor, December 31, 2020. The vote count for the measure at the general election held November 3, 2020, was as follows:
FOR: 1,804,546
AGAINST: 1,320,386
8-13.3-501. Short title. This part 5 shall be known and may be cited as the
Paid Family and Medical Leave Insurance Act.
Source: Initiated 2020: Entire part added, Proposition 118, L. 2021, p. 4225,
effective upon proclamation of the Governor, December 31, 2020.
Editor's note: This section was originally numbered as 8-13.3-401 in
Proposition 118 but was renumbered on revision for ease of location.
8-13.3-502. Purposes and findings. The people of the state of Colorado
hereby find and declare that:
(1) Workers in Colorado experience a variety of personal and family
caregiving obligations, but it can be difficult or impossible to adequately respond to those needs without access to paid leave.
(2) Access to paid family and medical leave insurance helps employers in
Colorado by reducing turnover, recruiting workers, and promoting a healthy business climate, while also ensuring that smaller employers can compete with larger employers by providing paid leave benefits to their workers through an affordable insurance program.
(3) Paid family and medical leave insurance will also provide a necessary
safety net for all Colorado workers when they have personal or family caregiving needs, including low-income workers living paycheck to paycheck who are disproportionately more likely to lack access to paid leave and least able to afford unpaid leave.
(4) Due to the need to provide paid time off to Colorado workers to address
family and medical needs, such as the arrival of a new child, military family needs, and a personal or a family member's serious health condition, including the effects of domestic violence and sexual assault, it is necessary to create a statewide paid family and medical leave insurance enterprise and to authorize the enterprise to:
(a) Collect insurance premiums from employers and employees at rates
reasonably calculated to defray the costs of providing the program's leave benefits to workers; and
(b) Receive and expend revenues generated by the premiums and other
moneys, issue revenue bonds and other obligations, expend revenues generated by the premiums to pay family and medical leave insurance benefits and associated administrative and program costs, and exercise other powers necessary and appropriate to carry out its purposes.
(5) The fiscal approach of this part 5 has been informed by the experience of
other state family and medical leave insurance programs, modeling based on the Colorado workforce, and input from a variety of stakeholders in Colorado.
(6) The creation of a statewide paid family and medical leave insurance
enterprise is in the public interest and will promote the health, safety, and welfare of all Coloradans, while also encouraging an entrepreneurial atmosphere and economic growth.
Source: Initiated 2020: Entire part added, Proposition 118, L. 2021, p. 4225,
effective upon proclamation of the Governor, December 31, 2020.
Editor's note: This section was originally numbered as 8-13.3-402 in
Proposition 118 but was renumbered on revision for ease of location.
8-13.3-503. Definitions. As used in this part 5, unless the context otherwise
requires:
(1) Application year means the 12-month period beginning on the first day
of the calendar week in which an individual files an application for family and medical leave insurance benefits.
(2) Average weekly wage means one-thirteenth of the wages paid during
the quarter of the covered individual's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5), in which the total wages were highest. For purposes of calculating average weekly wage, wages include, but are not limited to, salary, wages, tips, commissions, and other compensation as determined by the director by rule.
(3) Covered individual means any person who:
(a) (I) Earned at least $2,500 in wages subject to premiums under this part 5
during the person's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5); or
(II) Elects coverage and meets the requirements of section 8-13.3-514;
(b) Meets the administrative requirements outlined in this part 5 and in
regulations; and
(c) Submits an application with a claim for benefits pursuant to section 8-13.3-516 (6)(d).
(4) Director means the director of the division.
(5) Division means the division of family and medical leave insurance
created in section 8-13.3-508.
(6) Domestic violence means any conduct that constitutes domestic
violence as set forth in section 18-6-800.3 (1) or section 14-10-124 or domestic abuse as set forth in section 13-14-101 (2).
(7) Employee means any individual, including a migratory laborer,
performing labor or services for the benefit of another, irrespective of whether the common-law relationship of master and servant exists. For the purposes of this part 5, an individual primarily free from control and direction in the performance of the labor or services, both under the individual's contract for the performance of the labor or services and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the labor or services performed is not an employee. Employee does not include an employee as defined by 45 U.S.C. section 351 (d) who is subject to the federal Railroad Unemployment Insurance Act, 45 U.S.C. section 351 et seq.
(8) (a) Employer means any person engaged in commerce or an industry or
activity affecting commerce that:
(I) Employs at least one person for each working day during each of twenty
or more calendar workweeks in the current or immediately preceding calendar year; or
(II) Paid wages of one thousand five hundred dollars or more during any
calendar quarter in the preceding calendar year.
(b) Employer includes:
(I) A person who acts, directly or indirectly, in the interest of an employer
with regard to any of the employees of the employer;
(II) A successor in interest of an employer that acquires all of the
organization, trade, or business or substantially all of the assets of one or more employers; and
(III) The state or a political subdivision of the state.
(c) Employer does not include the federal government.
(9) Family and medical leave insurance benefits or benefits means the
benefits provided under the terms of this part 5.
(10) Family and medical leave insurance program or program means the
program created in section 8-13.3-516.
(11) Family member means:
(a) Regardless of age, a biological, adopted or foster child, stepchild or legal
ward, a child of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor;
(b) A biological, adoptive or foster parent, stepparent or legal guardian of a
covered individual or covered individual's spouse or domestic partner or a person who stood in loco parentis when the covered individual or covered individual's spouse or domestic partner was a minor child;
(c) A person to whom the covered individual is legally married under the laws
of any state, or a domesti
C.R.S. § 8-14-103
8-14-103. Flooring - hoisting of materials - regulations. (1) All contractors and owners, when constructing buildings in cities where the plans and specifications require the floors to be arched between the beams thereof or where the floors or filling in between the floors are of fireproof material or brick work, shall complete the flooring or filling in as the building progresses to not less than within three tiers of beams below that on which the iron work is being erected. If the plans and the specifications of the buildings do not require filling in between the beams of floors with brick or fireproof material, all contractors for carpenter work in the course of construction shall lay the underflooring thereof on each story as the building progresses to not less than within two stories below the one to which the building has been erected.
(2) Where double floors are not to be used, the contractor shall keep the
floor planked over not less than two stories below the story where the work is being performed. If the floor beams are of iron or steel, the contractor for the iron or steel work of building in course of construction, or the owners of such building, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising or lowering of materials to be used in the construction of the building or such spaces as may be designated by the plans and specifications for stairways and elevator shafts. If elevators, elevating machines, or hod-hoisting apparatus are used within a building in the course of construction for the purpose of lifting materials to be used in the construction, the contractors or owners shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a barrier at least eight feet in height; except on two sides, which may be used for taking off and putting on materials, and those sides shall be guarded by an adjustable barrier not less than three nor more than four feet from the floor and not less than two feet from the edge of the shaft or opening. If a building in course of construction is five stories or more in height, no lumber or timber needed for such construction shall be hoisted or lifted on the outside of the building.
Source: L. 13: p. 449, � 3. C.L. � 4188. CSA: C. 97, � 119. CRS 53: � 80-16-3.
C.R.S. 1963: � 80-13-3.
C.R.S. § 8-14-105
8-14-105. Penalty for violation. Any person, corporation, company, or association who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not less than fifty dollars nor more than five hundred dollars for each offense.
Source: L. 13: p. 451, � 5. C.L. � 4190. CSA: C. 97, � 121. CRS 53: � 80-16-5.
C.R.S. 1963: � 80-13-5.
ARTICLE 14.3
Veterans Employment Programs
PART 1
EMPLOYMENT SERVICES FOR
VETERANS PILOT PROGRAM
8-14.3-101 to 8-14.3-103. (Repealed)
Editor's note: (1) This part 1 was added in 2015. For amendments to this part 1
prior to its repeal in 2018, consult the 2017 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 8-14.3-103 provided for the repeal of this part 1, effective January
1, 2018. (See L. 2016, p. 662.)
PART 2
COLORADO VETERANS'
SERVICE-TO-CAREER PROGRAM
8-14.3-201. Short title. The short title of this part 2 is the Colorado
Veterans' Service-to-career Program.
Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 659, � 1, effective
August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1502, � 1, effective July 1.
8-14.3-201.5. Legislative declaration. (1) The general assembly finds,
determines, and declares that the pilot program enacted in House Bill 16-1267, which created the Colorado veterans' service-to-career pilot program that authorized nonprofit agencies to partner with work force centers selected by the department to provide veterans and other eligible participants with skills training, internships, work placements, mentorship opportunities, career and professional counseling, and support services, has been successful in increasing the employment rates for veterans, veterans' spouses, and eligible participants.
(2) The general assembly further finds, determines, and declares that the
Colorado veterans' service-to-career pilot program should continue as a program whose goal is to assist veterans, spouses, and eligible participants in seeking, obtaining, and retaining employment.
Source: L. 2018: Entire section added, (HB 18-1343), ch. 242, p. 1502, � 2,
effective July 1. L. 2023: (1) amended, (SB 23-302), ch. 411, p. 2440, � 1, effective August 7.
8-14.3-202. Definitions. As used in this part 2, unless the context otherwise
requires:
(1) Act means the federal Workforce Innovation and Opportunity Act,
Pub.L. 113-128.
(2) Apprenticeship means an apprenticeship training program registered
with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor.
(3) Department means the department of labor and employment.
(4) Eligible participant means a:
(a) Veteran;
(b) Veteran's spouse;
(c) Veteran's dependent child who is twenty-six years of age or younger and
lives in the home of the veteran;
(d) Veteran's caregiver who is eighteen years of age or older and has
significant responsibility for managing the well-being of an injured veteran; and
(e) Person who is actively serving in the United States armed forces and who
is within six months of being discharged under conditions other than dishonorable or a member of the National Guard or military reserves who has completed initial entry training.
(5) Integrated service and support center means a nonprofit center that is
affiliated with a work force center and veterans service offices in a centralized location where government agencies, nonprofit organizations, and other entities collaborate to provide services to eligible participants. Services offered may include assistance for eligible participants in securing federal benefits, counseling services, employment support, education, life skills, and wellness support.
(5.5) Internship means a training program with a business or nonprofit
organization during which the eligible participant receives skills training that could result in future employment in that sector or industry.
(6) Program means the Colorado veterans' service-to-career program
created in this part 2.
(7) Spouse means a veteran's current spouse or former spouse who is
currently eligible for veterans' benefits.
(8) Veteran means a person who actively served in the United States armed
forces and who was discharged or released under conditions other than dishonorable, in accordance with U.S.C. title 38, as amended. Veteran includes a person serving or who served in the National Guard or as a reservist.
(8.5) Work-based learning means a continuum of activities that occur, in
part or in whole, in the workplace, providing the learner with hands-on, real-world work experience.
(9) (a) Work force center means a work force center created by a work
force development board pursuant to the Colorado Career Advancement Act, part 2 of article 83 of this title 8.
(b) For purposes of a grant application under section 8-14.3-203, work force
center also includes a nonprofit entity that:
(I) Has a primary focus of serving veterans; and
(II) Joins with the work force center to submit a joint application.
Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 659, � 1, effective
August 10. L. 2018: (9) amended, (HB 18-1375), ch. 274, p. 1694, � 2, effective May 29; (1), (4), (5), (6), and (9) amended and (5.5) and (8.5) added, (HB 18-1343), ch. 242, p. 1503, � 3, effective July 1. L. 2020: (2) amended, (HB 20-1402), ch. 216, p. 1042, � 9, effective June 30. L. 2021: (2) amended, (HB 21-1007), ch. 309, p. 1890, � 3, effective July 1. L. 2023: (2) amended, (SB 23-051), ch. 37, p. 142, � 11, effective March 23.
Editor's note: Amendments to subsection (9) by HB 18-1343 and HB 18-1375
were harmonized.
8-14.3-203. Colorado veterans' service-to-career program - report. (1) One
or more work force centers selected by the department pursuant to the grant program developed by the department in subsection (4) of this section may contract with a nonprofit agency to administer the program. Work force centers selected by the department and the nonprofit agency shall develop and expand programs to provide work force development-related services specifically tailored to the unique needs and talents of eligible participants. The services may include:
(a) Skills training;
(b) Opportunities for apprenticeship or internship placements, including an
internship that allows for direct entry of eligible participants;
(c) Opportunities for internship placements for a specified and limited time
period as long as the tasks performed by the intern do not replace the tasks currently performed by a paid contractor or employee;
(d) Opportunities for work placements with businesses or other
organizations; and
(e) Support services, as needed.
(1.5) The department shall collaborate with stakeholders and, if feasible,
develop a grant application form by March 1, 2019, so that a nonprofit agency may submit one application for multiple service centers effective with the fiscal year 2019-20 grant cycle.
(2) (a) If an internship, as allowable, is not fully funded by the employer, the
employer and the work force center may share the cost of the hourly wage or stipend for the eligible participant, as determined by the work force center and as permitted under state and federal law.
(b) Repealed.
(3) The work force centers selected by the department and the nonprofit
agency are encouraged to additionally provide services that include:
(a) Job fairs;
(b) Mentorship opportunities with professionals;
(c) Professional and industry-specific seminars;
(d) Career and professional counseling; and
(e) Counseling on educational and skills training opportunities available to
eligible participants.
(3.5) Work force center staff shall vet potential program participants and
leverage additional funding sources, including the act, to deliver comprehensive services.
(4) The department shall develop a grant process so that work force centers
may apply for money to administer the program. Each work force center that wishes to administer the program must submit a grant application that:
(a) Describes the current services that the work force center offers and
demonstrates that those services:
(I) Do not duplicate services currently provided under the act; and
(II) Will complement other services offered under the program;
(b) States how the grant money would enable the work force center to
expand its services for the purposes of the program;
(c) Describes businesses or other organizations it is partnering with to
provide the necessary services;
(d) Explains how the services will be tailored or specifically marketed to any
subgroup of eligible participants, including:
(I) Eligible participants with significant barriers to employment, including
those specified in 38 U.S.C. sec. 4100 et seq., such as veterans with bad conduct discharges;
(II) Veterans experiencing homelessness;
(III) Vietnam-era veterans who served for more than one hundred days
between 1965 and 1975;
(IV) Eligible participants experiencing addiction;
(V) National Guard and military reserve veterans; and
(VI) Veterans who are not able to enroll under the act or who are enrolled
under the act but could benefit from greater support; and
(e) Addresses any other requirements the department deems necessary.
(5) In selecting work force centers to administer the program, the
department shall give preference to a work force center that:
(a) Partners with an agency that is an integrated service and support center
for veterans and their families;
(b) Is located in the state of Colorado, in order to serve the highest number of
eligible participants;
(c) Has existing programs or partnerships with businesses or organizations in
the community to provide services appropriate to the program; and
(d) Has the capacity to provide a wide range of work force development-related services tailored to the unique needs of eligible participants.
(6) (a) Each work force center chosen to receive a grant shall use the money
for direct services to eligible participants. Each work force center chosen to receive a grant shall report on the services offered; participation by each subgroup of eligible participants; the program's success measured through gainful employment and participation in skills training or educational programs of eligible participants; and any other requirements that the department deems necessary. Notwithstanding section 24-1-136 (11)(a)(I), the work force center shall submit the report to the department, which shall relay all information from the reports annually to the state, veterans, and military affairs committees of the house of representatives and the senate or to their successor committees.
(b) Repealed.
(c) Unspent money available at the end of each fiscal year rolls over to the
next fiscal year to be spent in that year.
(d) Repealed.
Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 660, � 1, effective
August 10. L. 2018: IP(1), (1)(b), (2), (3)(e), (4), (5), and (6) amended and (1.5) added, (HB 18-1343), ch. 242, p. 1504, � 4, effective July 1. L. 2023: (2)(b), (6)(b), and (6)(d) repealed, (3.5) added, and (6)(c) amended, (SB 23-302), ch. 411, p. 2440, � 2, effective August 7. L. 2024: (4)(a)(I) and (4)(d)(VI) amended, (HB 24-1450), ch. 490, p. 3405, � 10, effective August 7.
8-14.3-204. Appropriation. The general assembly may annually appropriate
money from the general fund created in section 24-75-201 to the department to be used for the program. The department may use up to five percent of any money appropriated by the general assembly for development and administrative costs incurred by the department pursuant to this section; except that this five-percent limitation does not apply to any contract the department enters into in connection with an evaluation of the program pursuant to section 8-14.3-203 (6). Up to eight percent of the money may also be used by the work force center for administrative costs incurred by the work force center and the nonprofit agency to implement and operate the program.
Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 662, � 1, effective
August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1506, � 5, effective July 1. L. 2024: Entire section amended, (SB 24-109), ch. 442, p. 3089, � 1, effective June 6.
8-14.3-205. Repeal of part. This part 2 is repealed, effective September 1,
2027.
Source: L. 2016: Entire part added, (HB 16-1267), ch. 187, p. 662, � 1, effective
August 10. L. 2018: Entire section amended, (HB 18-1343), ch. 242, p. 1507, � 6, effective July 1. L. 2023: Entire section amended, (SB 23-302), ch. 411, p. 2441, � 3, effective August 7. L. 2024: Entire section amended, (SB 24-109), ch. 442, p. 3089, � 2, effective June 6.
ARTICLE 14.4
Worker Rights Related to
Health and Safety
8-14.4-101. Definitions. As used in this article 14.4, unless the context
otherwise requires:
(1) Agricultural employment has the meaning set forth in section 8-13.5-201 (2).
(1.5) Department means the department of labor and employment.
(2) Division means the division of labor standards and statistics in the
department.
(3) Principal means:
(a) An employer as set forth in the federal Fair Labor Standards Act of
1938, 29 U.S.C. sec. 203 (d);
(b) A foreign labor contractor and a migratory field labor contractor or crew
leader;
(c) The state of Colorado, local governments, and political subdivisions of the
state as defined in section 1-7.5-103 (6);
(d) An entity that contracts with five or more independent contractors in the
state each year; and
(e) A person or entity engaged in agricultural employment.
(4) Public health emergency means:
(a) A public health order issued by a state or local public health agency; or
(b) A disaster emergency declared by the governor based on a public health
concern.
(5) Worker means:
(a) An employee as defined in section 8-4-101 (5); or
(b) A person who works for an entity that contracts with five or more
independent contractors in the state each year.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1351, � 1,
effective July 11. L. 2021: (1), (3)(c), and (3)(d) amended and (1.5) and (3)(e) added, (SB 21-087), ch. 337, p. 2183, � 7, effective June 25.
8-14.4-102. Prohibition against discrimination based on claims related to
health and safety. (1) A principal shall not discriminate, take adverse action, or retaliate against any worker based on the worker, in good faith, raising any reasonable concern about workplace violations of government health or safety rules, or about an otherwise significant workplace threat to health or safety, to the principal, the principal's agent, other workers, a government agency, or the public if the principal controls the workplace conditions giving rise to the threat or violation.
(2) (a) A principal shall not require or attempt to require a worker to sign a
contract or other agreement that would limit or prevent the worker from disclosing information about workplace health and safety practices or hazards or to otherwise abide by a workplace policy that would limit or prevent such disclosures.
(b) A contract or agreement that violates subsection (2)(a) of this section is
void and unenforceable as contrary to the public policy of this state. A principal's attempt to impose such a contract or agreement is an adverse action in violation of this article 14.4.
(3) A principal shall not discriminate, take adverse action, or retaliate against
a worker based on the worker voluntarily wearing at the worker's workplace the worker's own personal protective equipment, such as a mask, faceguard, or gloves, if the personal protective equipment:
(a) Provides a higher level of protection than the equipment provided by the
principal;
(b) Is recommended by a federal, state, or local public health agency with
jurisdiction over the worker's workplace; and
(c) Does not render the worker incapable of performing the worker's job or
prevent a worker from fulfilling the duties of the worker's position.
(4) A principal shall not discriminate, take adverse action, or retaliate against
a worker based on the worker opposing any practice the worker reasonably believes is unlawful under this article 14.4 or for making a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing as to any matter the worker reasonably believes to be unlawful under this article 14.4.
(5) This section does not apply to a worker who discloses information:
(a) That the worker knows to be false; or
(b) With reckless disregard for the truth or falsity of the information.
(6) Nothing in this section authorizes a worker to share individual health
information that is otherwise prohibited from disclosure under state or federal law.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1352, � 1,
effective July 11. L. 2022: (1) and (2)(a) amended, (SB 22-097), ch. 274, p. 1973, � 1, effective May 31.
8-14.4-103. Principal post notice of rights - rules. (1) A principal shall post
notice of a worker's rights under this article 14.4 in a conspicuous location on the principal's premises.
(2) The division shall promulgate rules to establish the form of the notice
required in subsection (1) of this section.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1353, � 1,
effective July 11.
8-14.4-104. Relief for aggrieved person. (1) A person may seek relief for a
violation of this article 14.4 by:
(a) Filing a complaint with the division pursuant to section 8-14.4-105; or
(b) Bringing an action in district court pursuant to section 8-14.4-106.
(2) A person shall exhaust administrative remedies pursuant to section 8-14.4-105 prior to bringing an action in court.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1353, � 1,
effective July 11.
8-14.4-105. Enforcement by the division - rules. (1) (a) Within two years
after an alleged violation of this article 14.4, an aggrieved individual or whistleblower may file a complaint against a principal with the division as specified in this subsection (1).
(b) Until the date the division makes a complaint form publicly available:
(I) An aggrieved individual or whistleblower may file a complaint of a
violation of this article 14.4 with the division in any form, by mail or electronic mail;
(II) The division may later require the aggrieved individual or whistleblower to
complete the division's complaint form; and
(III) The filing date is the date of the claimant's original filing, even if the
division later requests additional information or completion of the division's complaint form.
(c) After the division makes a complaint form publicly available, an aggrieved
individual or whistleblower may file a complaint only by completing the required form.
(2) The division shall either:
(a) Investigate alleged principal violations of, or interference with rights or
responsibilities under, this article 14.4 and complaints filed with the division by aggrieved individuals and whistleblowers; or
(b) Authorize an aggrieved individual or whistleblower to proceed with an
action in district court as provided in sections 8-14.4-106 and 8-14.4-107. A person who receives authorization pursuant to this subsection (2)(b) is considered to have exhausted administrative remedies.
(3) In an investigation of alleged principal retaliation or interference with
worker rights, if an investigation yields a determination that:
(a) A violation has occurred, the division may award reasonable attorney fees
and impose fines pursuant to section 8-1-140 (2);
(b) Rights of multiple workers have been violated, the violation as to each
worker is a separate violation for purposes of fines, penalties, or other remedies; and
(c) A worker was fired, voluntarily left employment, or experienced a
reduction in pay due to a principal's violation, the determination may include an order to:
(I) Reinstate or rehire the worker and pay the worker's back pay until
reinstatement or rehiring; or
(II) Pay the worker front pay for a reasonable period after the order, if
reinstatement or rehiring is determined not to be feasible.
(4) Determinations made by the division under this section are appealable
pursuant to section 8-4-111.5 and rules promulgated by the department regarding appeals and strategic enforcement.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1353, � 1,
effective July 11.
8-14.4-106. Relief authorized. (1) An aggrieved individual may, within ninety
days after exhausting administrative remedies pursuant to section 8-14.4-105, commence an action in district court against a principal for a violation of this article 14.4.
(2) A court may order affirmative relief that the court determines to be
appropriate, including the following relief, against a respondent who is found to have engaged in a discriminatory, adverse, or retaliatory employment practice prohibited by this article 14.4:
(a) Reinstatement or rehiring of a worker, with or without back pay;
(b) The greater of either:
(I) Ten thousand dollars; or
(II) Any lost pay resulting from the violation, including back pay for a
reinstated or rehired worker and front pay for a worker who is not reinstated or rehired; and
(c) Any other equitable relief the court deems appropriate.
(3) (a) In addition to the relief available pursuant to subsection (2) of this
section, in a civil action brought by a plaintiff under this article 14.4 against a defendant who is found to have engaged in an intentional discriminatory, adverse, or retaliatory employment practice, the plaintiff may recover compensatory and punitive damages as specified in this subsection (3).
(b) A plaintiff may recover punitive damages against a defendant if the
plaintiff demonstrates by clear and convincing evidence that the defendant engaged in a discriminatory, adverse, or retaliatory employment practice with malice or reckless indifference to the rights of the plaintiff. However, if the defendant demonstrates good-faith efforts to comply with this article 14.4 and to prevent discriminatory, adverse, and retaliatory employment practices in the workplace, the court shall not award punitive damages against the defendant.
(c) A plaintiff may recover compensatory damages against a defendant for
other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.
(d) In determining the appropriate level of damages to award a plaintiff who
has been the victim of an intentional discriminatory, adverse, or retaliatory employment practice, the court shall consider the size and assets of the defendant and the egregiousness of the discriminatory, adverse, or retaliatory employment practice.
(e) Compensatory or punitive damages awarded pursuant to this subsection
(3) are in addition to, and do not include, front pay, back pay, interest on back pay, or any other type of relief awarded pursuant to subsection (2) of this section.
(4) If a plaintiff in a civil action filed under this article 14.4 seeks
compensatory or punitive damages pursuant to subsection (3) of this section, any party to the civil action may demand a trial by jury.
(5) The court shall award reasonable attorney fees to a plaintiff who prevails
in an action brought pursuant to this section.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1355, � 1,
effective July 11.
8-14.4-107. Whistleblower enforcement - qui tam - definition. (1) As used in
this section, whistleblower means a worker with knowledge of an alleged violation of this article 14.4, or the worker's representative.
(2) (a) A whistleblower who has exhausted the administrative remedies
pursuant to section 8-14.4-105 may bring a civil action against a principal for a violation of this article 14.4 on behalf of the state in district court pursuant to this section. The state may intervene in the action to prosecute in its own name.
(b) At the time that the action is filed, the whistleblower shall give written
notice to the division of the specific provisions of this article 14.4 alleged to have been violated.
(c) If the court finds that a violation has occurred, the court may enter a
judgment against the principal of not less than one hundred dollars and not more than one thousand dollars for each violation, and for appropriate injunctive and equitable relief. The court shall award the whistleblower reasonable attorney fees. The attorney fees are not subject to the distribution specified in subsection (3) of this section.
(3) The proceeds of any judgment entered pursuant to this section shall be
distributed as follows:
(a) Seventy-five percent to the division for enforcement of this article 14.4;
and
(b) Twenty-five percent to the first whistleblower who filed the action.
(4) The right to bring an action under this section shall not be impaired by
any private contract. An action under this section shall be tried promptly, without regard to concurrent adjudication of private claims.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1356, � 1,
effective July 11.
8-14.4-108. Rule-making. The division may promulgate rules necessary to
implement this article 14.4.
Source: L. 2020: Entire article added, (HB 20-1415), ch. 276, p. 1356, � 1,
effective July 11.
8-14.4-109. Agricultural employers - responsibilities during public health
emergency - worker safety protections - definition. (1) During a public health emergency, in addition to the other protections and rights afforded to workers, a principal engaged in agricultural employment shall:
(a) (I) Except as provided in subsection (1)(a)(II) of this section, provide each
worker living in employer-provided housing with:
(A) In a single-occupancy unit where the worker is housed alone, at least
eighty square feet of combined sleeping and living quarters;
(B) In multiple-occupancy housing, at least one hundred square feet of
sleeping quarters per worker and one hundred twenty square feet of space per worker in areas used for combined purposes such as meal preparation and eating; and
(C) In all housing, screened windows that open to the outside or living space
that has an air filtration system.
(II) A principal engaged in agricultural employment may, as an alternative to
complying with subsection (1)(a)(I) of this section, comply with alternative protections applicable to housing identified in a public health order issued by the department.
(b) Provide each worker actively engaged in the open-range production of
livestock with:
(I) A single occupancy mobile housing unit, regardless of any variances
otherwise available pursuant to 20 CFR 655.235; or
(II) Alternative protections applicable to housing identified in a public health
order issued by the department;
(c) Allow the department to consult with the department of public health and
environment in enforcing this section;
(d) Provide training to workers concerning safety precautions and
protections during a public health emergency; and
(e) Provide informational and educational materials through posters and
pamphlets written in English and Spanish and any other relevant languages in employer-provided housing, work sites, and other places where the principal usually posts information for the workers that:
(I) Lists the contact information for the Migrant Farm Worker Division of
Colorado Legal Services, or its successor organization, where a worker may receive free and confidential legal services; and
(II) Informs the workers regarding federal and state guidance concerning a
public health emergency.
(2) As used in this section, public health emergency means a statewide
public health emergency declared by executive order regarding COVID-19, the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2, or another communicable disease as defined in section 25-1.5-102 (1)(a)(IV) that is transmissible from person to person.
Source: L. 2021: Entire section added, (SB 21-087), ch. 337, p. 2184, � 8,
effective June 25. L. 2022: (1)(a), (1)(b), and (1)(c) amended and (2) added, (HB 22-1313), ch. 373, p. 2654, � 1, effective June 3.
Workers' Compensation Cost Containment
Cross references: For the Workers' Compensation Act of Colorado, see
articles 40 to 47 of this title.
ARTICLE 14.5
Cost Containment
8-14.5-101. Short title. This article shall be known and may be cited as the
Workers' Compensation Cost Containment Act.
Source: L. 89: Entire article added, p. 376, � 1, effective July 1. L. 90: Entire
section amended, p. 556, � 4, effective July 1.
8-14.5-102. Legislative declaration. The general assembly hereby finds and
declares that any adjustments to premiums for workers' compensation insurance be granted on the basis of equity, rate adequacy, fairness, and insurer compliance with Colorado insurance rating laws. The general assembly further finds and declares that notwithstanding the granting of different rates to insureds for their experience modification, participation in return-to-work programs, and premium volume discounts not exceeding fifteen percent, any other premium adjustments should be principally weighted in a manner primarily encouraging the adoption and successful implementation by insureds of effective workplace safety programs mainly encompassing risk management and medical cost containment procedures.
Source: L. 89: Entire article added, p. 376, � 1, effective July 1. L. 90: Entire
section amended, p. 556, � 5, effective July 1. L. 93: Entire section amended, p. 2083, � 1, effective July 1.
8-14.5-103. Definitions. As used in this article, unless the context otherwise
requires:
(1) Approved program means a cost containment or risk management
program approved by the board.
(2) Board means the workers' compensation cost containment board
established pursuant to section 8-14.5-104.
(3) Certified program means a cost containment or risk management
program which has been implemented for a period of at least one year and certified by the board.
(3.5) Commissioner means the insurance commissioner, appointed
pursuant to section 10-1-104, C.R.S.
(4) Department means the department of labor and employment.
(5) Director means the director of the division.
(6) Division means the division of workers' compensation in the department
of labor and employment.
(7) High risk employer means any employer classified in the upper ten
percent of the insurance rate schedule in the Colorado workers' compensation insurance system.
(8) Managed care shall have the meaning set forth in section 8-42-101
(3.6)(p)(I)(B).
(9) Workplace safety program means those programs offered by insurance
carriers authorized to do business in this state for purposes of workers' compensation insurance policies and implemented by employers to promote cost containment and risk management of workplace safety hazards.
Source: L. 89: Entire article added, p. 376, � 1, effective July 1. L. 90: (2)
amended, p. 1836, � 4, effective May 31; (2) amended, p. 556, � 6, effective July 1. L. 93: (3) amended, p. 1723, � 1, effective June 6; (3.5) and (7) to (9) added, p. 2083, � 2, effective July 1.
Editor's note: Amendments to subsection (2) by House Bill 90-1160 and
House Bill 90-1316 were harmonized.
8-14.5-104. Creation of board. (1) (a) There is created in the division the
workers' compensation cost containment board, to be composed of seven members as follows:
(I) The commissioner of insurance;
(II) The chief executive officer of Pinnacol Assurance; and
(III) Five members appointed by the governor and confirmed by the senate.
The appointed members of the board shall be chosen among the following:
(A) Employers or their designated representatives engaged in businesses
having workers' compensation insurance rates in the upper five percent of the rate schedule;
(B) Actuaries or executives with risk management experience in the
insurance industry; or
(C) Employers who have demonstrated good risk management experience
with respect to their workers' compensation insurance.
(b) (I) The appointed members of the board shall serve for terms of three
years and may be reappointed; except that the terms shall be staggered so that no more than three members' terms expire the same year.
(II) The chief executive officer of Pinnacol Assurance and the commissioner
of insurance shall serve continuously.
(2) Members of the board serve without compensation but are entitled to
reimbursement for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of the board.
(3) The board is a type 2 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions under the department and the director of the division.
Source: L. 89: Entire article added, p. 377, � 1, effective July 1. L. 90: (1)
amended, p. 557, � 7, effective July 1. L. 2002: (1) and (3) amended, p. 1880, � 25, effective July 1. L. 2022: Entire section amended, (SB 22-013), ch. 2, p. 4, � 3, effective February 25; (2) amended, (SB 22-162), ch. 469, p. 3383, � 86, effective August 10.
Editor's note: Amendments to this section by SB 22-013 and SB 22-162 were
harmonized and relocated to subsection (3).
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
8-14.5-105. Powers and duties of board - rules. (1) The board shall have the
following powers and duties:
(a) To establish model cost containment and risk management programs for
selected classifications in the upper ten percent of the insurance rate schedule under the Colorado workers' compensation insurance program;
(b) To adopt standards for the approval of particular cost containment and
risk management programs submitted by community, technical, or local district colleges or by employers in those selected high risk classifications;
(c) To receive, evaluate, and certify cost containment and risk management
programs implemented by community, technical, or local district colleges or by employers in those selected high risk classifications for a period of at least one year;
(d) To promote cost containment and risk management training by
community, technical, or local district colleges, employers, groups of employers, or trade associations;
(e) To review annually the classifications in the upper ten percent of the
insurance rate schedule under the Colorado workers' compensation insurance program for inclusion in the cost containment program;
(f) To set the qualifications for technical personnel to assist community,
technical, and local district colleges and employers in establishing risk management and cost containment programs;
(g) To disseminate information regarding the types of workers'
compensation insurance policies available;
(h) To adopt such rules and regulations as may be necessary to carry out the
purposes of this article.
Source: L. 89: Entire article added, p. 377, � 1, effective July 1. L. 90: (1)(a),
(1)(e), and (1)(g) amended, p. 557, � 8, effective July 1. L. 91: Entire section amended, p. 1353, � 1, effective April 20.
8-14.5-106. Duties of director. (1) The director shall have the following
powers and duties:
(a) To provide technical advice to the board;
(b) To provide technical advice and assistance to community, technical, or
local district colleges, employers, groups of employers, or trade associations with respect to the development and implementation of cost containment and risk management programs;
(c) To publish, as may be appropriate, documents relating to the
development and implementation of cost containment and risk management programs;
(d) To maintain records of all proceedings of the board, including the
evaluation of proposals for cost containment and risk management programs submitted by employers and by community, technical, or local district colleges;
(e) To maintain records of all employers and community, technical, or local
district colleges with certified programs.
Source: L. 89: Entire article added, p. 378, � 1, effective July 1. L. 91: Entire
section amended, p. 1354, � 2, effective April 20.
8-14.5-107. Cost containment certification. Any employer complying with
an approved program for at least one year may present evidence of such compliance to the board and petition the board to certify its program. The names of such certified employers shall be made available on a periodic basis to bona fide insurance carriers on file with the division.
Source: L. 89: Entire article added, p. 378, � 1, effective July 1.
8-14.5-107.5. Workplace safety programs - study by commissioner. (1) The
commissioner shall undertake a full study of current workplace safety, risk management, and cost containment programs offered by insurers, including Pinnacol Assurance, a review and analysis of the various incentives used by insurers to obtain policyholder participation, including any premium adjustment programs in use, and shall evaluate other possible programs and incentives that could be used by insurers to expand workplace safety programs and reward policyholder participation. The commissioner shall consult with the Colorado department of labor and employment in conducting the study. Such study, review and analysis, and evaluation shall include but not be limited to the following:
(a) Whether or not by a date certain, all insurers including Pinnacol
Assurance issuing workers' compensation insurance policies in this state shall offer all insureds in the ten most populous counties a managed care plan featuring a designated medical provider;
(b) Whether or not by a date certain, if it is in the best interest of employers
and employees, all insurers including Pinnacol Assurance issuing workers' compensation insurance policies in this state shall offer to all or some selected classes of insureds some type of basic workplace safety program;
(c) Whether or not the board or the commissioner should continue providing
certification of workplace safety programs or whether such certification should be provided by insurers for insureds;
(d) Whether or not by July 1, 1995, the commissioner should promulgate
regulations concerning the granting of premium adjustments for an insured's participation and implementation of a basic workplace safety program or managed care program;
(e) The participation by insureds in existing workplace safety programs
offered by insurers and the methods by which insurers offer such programs;
(f) Insurer compliance with deductible provisions;
(g) Insurer compliance with the provisions of part 4 of article 4 of title 10,
C.R.S., regarding the current design and use of any premium adjustment, rate deviation, premium discount, retro-rate, scheduled adjustment, or other type of financial plan and their effect on the fairness and reasonableness of rates for those insureds not qualifying for experience or schedule rating;
(h) The efficacy of reducing the premium dollar volume needed for an
insured to become experience rated;
(i) A cost benefit analysis of implementation of workplace safety programs.
(2) (a) Repealed.
(b) Insurers shall make all necessary information and records pertaining to
workplace safety programs of such insurers available to the commissioner in carrying out the study required by subsection (1) of this section. The reasonable costs of such study shall be borne by insurers, including Pinnacol Assurance, as determined by the commissioner based on the total cost of such study.
Source: L. 93: Entire section added, p. 2084, � 3, effective July 1. L. 97: (2)(a)
repealed, p. 1474, � 6, effective June 3. L. 2002: IP(1), (1)(a), (1)(b), and (2)(b) amended, p. 1881, � 26, effective July 1.
8-14.5-108. Cost containment fund - creation. All moneys collected for cost
containment pursuant to section 8-14.5-109 or 8-44-112 (1)(b)(III) shall be transmitted to the state treasurer who shall credit the same to the cost containment fund, which fund is hereby created. All moneys credited to said fund and all interest earned thereon shall be subject to appropriation by the general assembly to pay the direct and indirect costs of the cost containment program, and said moneys shall remain in such fund for such purposes and shall not revert to the general fund or any other fund.
Source: L. 89: Entire article added, p. 378, � 1, effective July 1. L. 90: Entire
section amended, p. 1841, � 24, effective July 1.
8-14.5-109. Grants-in-aid - cooperative agreements. The division may
receive grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any other agency of this state or its political subdivisions, for the purpose of carrying out the provisions of this article.
Source: L. 89: Entire article added, p. 378, � 1, effective July 1.
8-14.5-110. Repeal of article. (Repealed)
Source: L. 89: Entire article added, p. 378, � 1, effective July 1. L. 92: Entire
section repealed, p. 1810, � 1, effective March 16.
Apprenticeship and Training
ARTICLE 15
Pre-apprenticeships and Apprenticeships
C.R.S. § 8-15-101
8-15-101. (Repealed)
Source: L. 2016: Entire article RC&RE, (HB 16-1287), ch. 224, p. 857, � 2,
effective August 10.
Editor's note: (1) This article was numbered as article 1 of chapter 9, C.R.S.
-
It was repealed in 1987 and was subsequently recreated and reenacted in 2016, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article prior to 1987, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Subsection (5) provided for the repeal of this section, effective July 1, 2017. (See L. 2016, p. 857.)
ARTICLE 15.5
Displaced Homemakers
Editor's note: This article was repealed in 1979 and was subsequently
recreated and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Law reviews: For article, Colorado's Displaced Homemakers Act, see 27
Colo. Law. 129 (June 1998).
8-15.5-101. Short title. This article shall be known and may be cited as the
Displaced Homemakers Act.
Source: L. 80: Entire article RC&RE, p. 452, � 1, effective July 1.
8-15.5-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Department means the department of labor and employment.
(2) Displaced homemaker means an individual who:
(a) Has worked in the home, providing unpaid household services for family
members for a substantial number of years;
(b) Is not gainfully employed;
(c) Has had, or would have, difficulty finding employment; and
(d) (I) Has depended on the income of a family member and has lost that
income; or
(II) Has depended on government assistance as the parent of dependent
children, but who is no longer eligible for such assistance, or is supported, as the parent of minor children, by government assistance, but whose children are within two years of reaching the age of eighteen years.
(3) Executive director means the executive director of the department of
labor and employment.
Source: L. 80: Entire article RC&RE, p. 452, � 1, effective July 1.
8-15.5-103. Multipurpose service centers for displaced homemakers. (1)
The executive director may establish multipurpose service centers for displaced homemakers and is authorized to enter into contracts with and make grants to agencies or organizations, public or private, to establish, organize, and administer the various programs enumerated in section 8-15.5-104.
(2) Each service center shall include the following services:
(a) Job counseling services which shall:
(I) Be specifically designed for displaced homemakers; and
(II) Operate to counsel displaced homemakers with respect to appropriate
job opportunities;
(b) Job training and job placement services which shall:
(I) Develop, by working with state and local government agencies and private
employers, training and placement programs for jobs in the public and private sectors;
(II) Assist displaced homemakers in gaining admission to existing public and
private job-training programs and opportunities; and
(III) Assist in identifying community needs and creating new jobs in the
public and private sectors;
(c) Health education and counseling services in cooperation with existing
health programs with respect to:
(I) General principles of preventive health care;
(II) Health-care consumer education, particularly in the selection of
physicians and health-care services, including, but not limited to, health maintenance organizations and health insurance;
(III) Family health care and nutrition;
(IV) Substance use disorders; and
(V) Other related health-care matters;
(d) Financial management services which provide information and assistance
with respect to insurance, taxes, estate and probate problems, mortgages, loans, and other related financial matters;
(e) Educational services, including:
(I) Outreach and information about courses offering credit through
secondary or postsecondary education programs, including bilingual programming where appropriate; and
(II) Information about such other programs which are determined by the
executive director to be of interest and benefit to displaced homemakers;
(f) Legal counseling and referral services; and
(g) Outreach and information services with respect to employment,
education, health, public assistance, and unemployment assistance programs which the executive director determines would be of interest and benefit to displaced homemakers.
(3) Supervisory, technical, and administrative positions relating to centers
established under this article shall, to the maximum extent feasible, be filled by displaced homemakers.
Source: L. 80: Entire article RC&RE, p. 453, � 1, effective July 1. L. 83: (1)
amended, p. 395, � 2, effective June 3. L. 2017: (2)(c)(IV) amended, (SB 17-242), ch. 263, p. 1263, � 33, effective May 25.
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017.
8-15.5-104. Selection and administration of centers. (1) In selecting sites
for the centers established under section 8-15.5-103, the executive director shall consider:
(a) The location of any existing facilities for displaced homemakers and any
existing services similar to those listed in section 8-15.5-103 which might be incorporated into a center;
(b) The needs of each region of the state for a center;
(c) The needs of both urban and rural communities.
(2) The executive director shall select a public or private organization to
administer each center. The selection of such an organization shall be made after consultation with local government agencies and shall take into consideration the experience and capability of such organizations in administering the services to be provided by each center.
(3) The executive director shall consult and cooperate with the secretary or
director of such agencies in the executive branch of the federal and state governments as the executive director considers appropriate to facilitate the establishment of centers under this article with existing state or federal programs of a similar nature.
Source: L. 80: Entire article RC&RE, p. 454, � 1, effective July 1. L. 83: (2)
amended, p. 396, � 3, effective June 3.
8-15.5-105. Evaluation. (1) The executive director, in cooperation with the
administrator of each center, and in consultation with appropriate heads of executive agencies, shall prepare and furnish to the general assembly evaluations of the centers established under this article, including:
(a) A thorough assessment of each center;
(b) Recommendations covering the administration and expansion of such
centers; and
(c) Data on the numbers of persons referred to and enrolled in the programs
enumerated in section 8-15.5-103, and data on job placements and employment of persons enrolled in such programs.
(2) No later than January 1, 1981, the executive director shall submit to the
general assembly an evaluation pursuant to this section. Subsequent evaluations shall be made every two years.
(3) The executive director, in consultation with the appropriate heads of
executive agencies, shall prepare and furnish to the general assembly a study to determine the feasibility of and appropriate procedure for placing displaced homemakers in:
(a) Programs established under the federal Workforce Innovation and
Opportunity Act, 29 U.S.C. sec. 3101 et seq.;
(b) Work incentive programs established under section 432 (b)(1) of the
federal Social Security Act;
(c) Related federal and state employment, education, and health assistance
programs; and
(d) Programs established or benefits provided under federal and state
unemployment compensation laws by consideration of full-time homemakers as provided eligible for such benefits or programs.
Source: L. 80: Entire article RC&RE, p. 454, � 1, effective July 1. L. 2009: (3)(a)
amended, (SB 09-292), ch. 369, p. 1939, � 5, effective August 5. L. 2016: (3)(a) amended, (HB 16-1302), ch. 183, p. 626, � 1, effective May 19.
Cross references: For section 432 of the Social Security Act, see 42 U.S.C.
� 629b.
8-15.5-106. Advisory body. The executive director shall establish an
advisory body to the department which shall consist of members who are representative of displaced homemakers, local service deliverers, appropriate state agencies, and the general public. The advisory body shall provide recommendations to the executive director regarding the planning, operation, and evaluation of the activities mandated by this article.
Source: L. 80: Entire article RC&RE, p. 455, � 1, effective July 1.
8-15.5-107. Rules and regulations. The executive director shall promulgate
rules and regulations to govern the eligibility of persons for the job training and other programs of the multipurpose service center, the level of stipends for the job training programs described in section 8-15.5-103 (2)(b), a sliding fee scale for the service programs described in section 8-15.5-103 (2)(c) to (2)(g), and such other matters as the executive director deems necessary.
Source: L. 80: Entire article RC&RE, p. 455, � 1, effective July 1.
8-15.5-108. Displaced homemakers fund - creation. (1) There is hereby
created in the state treasury the displaced homemakers fund. All fees collected pursuant to section 14-10-120.5, C.R.S., shall be deposited in said fund. All moneys in the fund shall be subject to annual appropriation by the general assembly and, commencing July 1, 1980, shall be available for carrying out the purposes of this article; except that, if the amount in said fund from fees collected pursuant to section 14-10-120.5, C.R.S., exceeds one hundred forty-five thousand dollars in any fiscal year, the excess of one hundred forty-five thousand dollars shall revert to the general fund.
(2) The executive director may apply for and accept any funds, grants, gifts,
or services made available by any agency or department of the federal government or any private agency or individual, which funds, grants, gifts, or services shall be used to carry out the total program of this article. Funds and grants received pursuant to this subsection (2) shall be placed in the displaced homemakers fund in a separate account and shall not be included in computing the amount that will revert to the general fund pursuant to subsection (1) of this section.
Source: L. 80: Entire article RC&RE, p. 455, � 1, effective July 1. L. 82: (1)
amended, p. 233, � 1, effective April 23. L. 93: (1) amended, p. 1515, � 18, effective June 6.
ARTICLE 15.7
Apprenticeships
PART 1
GENERAL PROVISIONS
8-15.7-101. Definitions. As used in this article 15.7, unless the context
otherwise requires:
(1) Apprentice means an individual who is sixteen years of age or older,
except when a higher minimum age standard is otherwise fixed by law, and who is employed to learn an apprenticeable occupation under the standards of apprenticeship established by this article 15.7.
(2) Apprenticeable occupation means an occupation specified by an
industry that involves the progressive attainment of skills, competencies, and knowledge that are:
(a) Clearly identified and commonly recognized throughout the relevant
industry or occupation;
(b) Customarily learned or enhanced in a practical way through a structured,
systematic program of on-the-job, supervised learning and related instruction to supplement the learning; and
(c) Offered through a time-based, competency-based, or hybrid model that
the director has determined meets the requirements of this article 15.7 and conforms with federal regulations.
(3) Apprenticeship agreement means a written agreement between an
apprentice and a sponsor or an apprenticeship committee acting as agent for the sponsor, in conformity with federal regulations.
(4) Apprenticeship program means a plan containing all terms and
conditions for the qualification, recruitment, selection, employment, and training of apprentices that meets the requirements of this article 15.7 and conforms with federal regulations, including the requirement for a written apprenticeship agreement.
(5) Certificate of completion means a certificate awarded to an apprentice
in recognition of the successful completion of an apprenticeship program.
(6) Certificate of registration means documentation that a registration
agency has registered an apprenticeship program pursuant to this article 15.7 and in conformity with federal regulations, as evidenced by a certificate of registration or other written documentation.
(6.3) Committee for apprenticeship in new and emerging industries or
CANEI means the committee for apprenticeship in new and emerging industries created in section 8-15.7-104.
(6.5) Committee for apprenticeship in the building and construction trades
or CABCT means the committee for apprenticeship in the building and construction trades created in section 8-15.7-103.
(7) Department means the department of labor and employment.
(8) Director means the director of the SAA.
(9) Executive director means the executive director of the department.
(9.5) Federal regulations means the regulations promulgated by the United
States secretary of labor under the National Apprenticeship Act, 29 U.S.C. sec. 50.
(10) Repealed.
(11) Qualified intermediary means an entity that demonstrates expertise in
connecting employers or apprenticeship program participants to registered apprenticeship programs or in convening stakeholders to develop registered apprenticeship programs and serves employers and apprenticeship program participants by:
(a) Connecting employers to programs under the national apprenticeship
system;
(b) Assisting in the design and implementation of apprenticeship programs,
including curriculum development and delivery for related instruction;
(c) Supporting entities, sponsors, or apprenticeship program administrators
in meeting and reporting the requirements of this article 15.7;
(d) Providing professional development activities, such as training to
mentors;
(e) Supporting the recruitment, retention, and apprenticeship program
completion of potential apprenticeship program participants, including nontraditional participants and apprenticeship populations and individuals with barriers to employment;
(f) Developing and providing personalized apprenticeship program
participant supports, including partnering with organizations to provide access to or referrals for supportive services and financial advising;
(g) Providing services, resources, and supports for the development,
delivery, expansion, or improvement of apprenticeship programs under the national apprenticeship system; or
(h) Serving as an apprenticeship program sponsor.
(12) Quality assurance assessment means a comprehensive review
conducted by the SAA regarding all aspects of an apprenticeship program's performance, including determining whether:
(a) The apprentices are receiving on-the-job training consistent with the
schedule outlined in the registered apprenticeship program standards;
(b) Scheduled wage increases are consistent with the registered
apprenticeship program standards;
(c) Related instruction through the appropriate curriculum and delivery
systems is compliant with federal and state standards; and
(d) The SAA is receiving notification of all new apprentices in a registered
apprenticeship program, apprentices who leave a registered apprenticeship program, and apprentices who complete a registered apprenticeship program.
(12.5) Recognized state apprenticeship agency means the state
apprenticeship agency, if recognized by the United States department of labor, or any other state apprenticeship agency recognized by the United States department of labor as the apprenticeship agency for the state.
(13) Registered apprenticeship program means an apprenticeship program
that is registered by the SAA pursuant to this article 15.7.
(13.5) Registration agency means the United States department of labor's
office of apprenticeship or a recognized state apprenticeship agency.
(14) Registration of apprenticeship programs means the acceptance and
recording of an apprenticeship program by the United States department of labor's office of apprenticeship or registration or approval of an apprenticeship program by a state apprenticeship agency that is recognized by the United States department of labor's office of apprenticeship in conformity with federal regulations. Approval is evidenced by a certificate of registration or other written documentation.
(15) Sponsor means:
(a) Any person, association, committee, or organization operating an
apprenticeship program and in whose name the program is registered or approved; or
(b) Any person, association, committee, or organization that is operating an
apprenticeship program and is applying to have the apprenticeship program registered or approved in its name.
(16) State apprenticeship agency or SAA means the state apprenticeship
agency created in section 8-15.7-102.
(17) State apprenticeship council or SAC means the state apprenticeship
council established pursuant to section 8-15.7-105.
(18) State-approved program means a high school career and technical
education program established by a state-level advisory board described in section 8-15.7-201 (2).
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1879, � 1,
effective July 1. L. 2023: (2)(c), (3), (4), (6), (14), (15), and (17) amended, (6.3), (6.5), (9.5), (12.5), and (13.5) added, and (10) repealed, (SB 23-051), ch. 37, p. 134, � 3, effective March 23. L. 2024: (14) amended, (SB 24-103), ch. 32, p. 101, � 3, effective August 7; (18) added, (SB 24-104), ch. 299, p. 2037, � 2, effective August 7.
Cross references: For the legislative declaration in SB 24-104, see section 1
of chapter 299, Session Laws of Colorado 2024.
8-15.7-102. State apprenticeship agency - created - director - powers and
duties - rules - repeal. (1) There is created in the department the state apprenticeship agency. The executive director shall appoint a director of the SAA. The SAA shall:
(a) Serve as the primary point of contact with the United States department
of labor's office of apprenticeship;
(b) Accelerate new apprenticeship program growth on a geographically
diverse basis, especially in high-demand occupations, while ensuring quality standards;
(b.5) Establish the state apprenticeship council, which operates under the
direction of the SAA, to provide advice and guidance to the SAA;
(c) Provide administrative support to the SAC in carrying out its duties;
(d) Work in partnership with relevant state agencies to reduce duplication of
postsecondary program approval;
(e) Seek recognition by the United States department of labor and operate
the SAA in conformity with federal regulations;
(f) Coordinate the registered apprenticeship programs with Colorado's
economic development strategies and publicly funded workforce investment system; and
(g) to (j) (Deleted by amendment, L. 2023.)
(k) Monitor and evaluate apprenticeship programs' performance and
compliance with federal and state standards.
(l) to (r) (Deleted by amendment, L. 2023.)
(s) (I) Review applications for and issue income tax credit certificates as
specified in section 39-22-562 and promulgate rules to establish standards for the certificates.
(II) This subsection (1)(s) is repealed, effective December 31, 2037.
(2) The SAA is a type 1 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions under the department.
(3) The SAA must follow all guidance documents issued by the United States
department of labor's office of apprenticeship.
(4) The director may promulgate rules as necessary to implement this article
15.7, which rules must conform with federal regulations.
(5) (a) The director may:
(I) Approve the registration of apprenticeship programs in conformity with
federal regulations; and
(II) Approve the deregistration of apprenticeship programs at the request of
the sponsor or after a hearing pursuant to section 8-15.7-107.
(b) The determination of the director is a final agency action that is subject
to judicial review pursuant to section 24-4-106.
(6) The director shall contribute education and workforce data beginning in
the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1882, � 1,
effective July 1. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3383, � 87, effective August 10. L. 2023: (1) and (4) amended and (5) added, (SB 23-051), ch. 37, p. 135, � 4, effective March 23. L. 2024: (1)(s) added, (HB 24-1439), ch. 163, p. 775, � 3, effective May 10; (6) added, (HB 24-1364), ch. 238, p. 1559, � 6, effective May 23.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
8-15.7-103. Committee for apprenticeship in the building and construction
trades - created - members - powers and duties. (1) The director shall establish the committee for apprenticeship in the building and construction trades as a subcommittee of the SAC to advise the SAA on registered apprenticeship programs for the building and construction trades in the state.
(2) (a) The CABCT consists of seventeen members appointed as follows:
(I) The director shall appoint ten voting members familiar with
apprenticeable occupations as follows:
(A) Four representatives from employer organizations, one of whom
represents a statewide employer organization, one of whom represents an employer involved with an apprenticeship program targeting populations with barriers to employment, and one of whom represents a statewide organization of general and specialty commercial construction contractors that is knowledgeable about registered apprenticeship programs;
(B) Four representatives from employee organizations, one of whom
represents a statewide employee organization; and
(C) Two representatives of the public; and
(II) The governor shall appoint seven nonvoting, ex officio members to serve
on the CABCT, all of whom are concurrently appointed to the CANEI pursuant to section 8-15.7-104 (2)(a)(II), as follows:
(A) One representative from the department;
(B) One representative of career and technical education programs;
(C) One representative with experience in economic development;
(D) One representative of training providers;
(E) One representative of the state work force development council created
in section 24-46.3-101;
(F) One member who is interested in promoting equal opportunity in
apprenticeship; and
(G) One representative from the department of higher education.
(b) (I) Of the members appointed by the director, the initial term of office of
three members from employer organizations, two members from employee organizations, and one representative of the public is three years, and the initial term of office of the remaining four members is four years. Thereafter, the terms of the members appointed by the director are four years.
(II) Of the members appointed by the governor, the initial term of office of
the three members appointed pursuant to subsections (2)(a)(II)(A), (2)(a)(II)(B), and (2)(a)(II)(C) of this section is three years and the initial term of office of the three members appointed pursuant to subsections (2)(a)(II)(D), (2)(a)(II)(E), and (2)(a)(II)(F) of this section is four years. Thereafter, the terms of the members appointed by the governor are four years.
(c) The director shall appoint one member of the CABCT to serve as the chair
for a term of two years. A chair may be appointed to serve no more than two full terms.
(d) If a member fails to complete the member's term, the appointing
authority shall appoint a new member to complete the remainder of the term.
(e) Members shall serve without compensation for their service; except that
members may receive a per diem as established by the director and reimbursement for travel and other necessary expenses incurred in the performance of their official duties.
(f) The CABCT:
(I) Shall meet at least quarterly and at the request of the director as needed
to accomplish the objectives of the CABCT;
(II) Shall provide timely written notice of all meetings to the department;
(III) May determine its own procedural rules; and
(IV) Is subject to article 6 of title 24.
(g) No member of the CABCT may receive any compensation from an
apprenticeship program.
(3) For the building and construction trades, the CABCT shall perform the
following duties as a subcommittee of the SAC:
(a) Advise the SAA on the minimum standards for registration of
apprenticeship programs;
(b) Advise the SAA on state plans, rules, and administrative procedures
pertinent to the operation of apprenticeship programs and equal employment opportunities in apprenticeships;
(c) Support the SAA in communications, technical assistance, and promoting
promising practices in registered apprenticeship programs; and
(d) Provide an annual report to the executive director with apprenticeship
data disaggregated by age, race, gender, veteran status, disability, and industry.
(e) to (i) (Deleted by amendment, L. 2023.)
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1883, � 1,
effective July 1. L. 2023: (1), IP(2)(a), IP(2)(a)(II), (2)(c), IP(2)(f), (2)(f)(I), (2)(g), and (3) amended, (SB 23-051), ch. 37, p. 137, � 5, effective March 23. L. 2024: IP(2)(a) and IP(2)(a)(II) amended, (SB 24-103), ch. 32, p. 101, � 4, effective August 7.
8-15.7-104. Committee for apprenticeship in new and emerging industries -
created - members - powers and duties. (1) The director shall establish the committee for apprenticeship in new and emerging industries as a subcommittee of the SAC to advise the SAA on apprenticeship programs that are not within the jurisdiction of the CABCT.
(2) (a) The CANEI consists of fifteen members appointed as follows:
(I) The director shall appoint eight voting members who represent, and are
regularly evaluated to ensure that the representation aligns with, high-demand jobs, as stated in the annual Colorado talent report prepared pursuant to section 24-46.3-103 (3), as follows:
(A) Three representatives of employer organizations that are not within the
building and construction trades; at least one of whom represents an employer involved with a program explicitly targeting populations with barriers to employment, including women, people of color, ex-offenders, and persons with disabilities; one of whom represents youth with barriers to employment; and one of whom represents out-of-school youth;
(B) Three representatives from employee organizations that are not within
the building and construction trades;
(C) One representative from a qualified intermediary; and
(D) One member of the public.
(II) The governor shall appoint seven nonvoting, ex officio members, all of
whom are concurrently appointed to the CABCT pursuant to section 8-15.7-103 (2)(a)(II), to the CANEI.
(b) (I) Of the members appointed by the director, the initial term of office of
one employer member, one employee member, and one representative of the public is three years and the initial term of office of the remaining five members is four years. Thereafter, the terms of the members are four years.
(II) The terms of office of the nonvoting, ex officio members appointed
pursuant to subsection (2)(a)(II) of this section are the same as the terms of office of those members as specified in section 8-15.7-103 (2)(b)(II).
(III) The director shall appoint one member of the CANEI to serve as the chair
for a term of two years. A chair may be appointed to serve no more than two full terms.
(c) If a member fails to complete the member's term, the appointing
authority shall appoint a new member to complete the remainder of the term.
(d) Members shall serve without compensation for their service; except that
members may receive a per diem as established by the director and reimbursement for travel and other necessary expenses incurred in the performance of their official duties.
(e) The CANEI:
(I) Shall meet at least quarterly and at the request of the director as needed
to accomplish the objectives of the CANEI;
(II) Shall provide timely written notice of all meetings to the department;
(III) May determine its own procedural rules; and
(IV) Is subject to article 6 of title 24.
(f) No member of the CANEI may receive any compensation from an
apprenticeship program.
(3) For all apprenticeships that are not within the building and construction
trades and not under the jurisdiction of the CABCT, the CANEI shall perform the following duties as a subcommittee of the SAC:
(a) Advise the SAA on the minimum standards for registration of
apprenticeship programs;
(b) Advise the SAA on state plans, rules, and administrative procedures
pertinent to the operation of apprenticeship programs and equal employment opportunities in apprenticeships;
(c) Support the SAA in communications, technical assistance, and promoting
promising practices in registered apprenticeship programs; and
(d) Provide an annual report to the executive director with apprenticeship
data disaggregated by age, race, gender, veteran status, disability, and industry.
(e) to (i) (Deleted by amendment, L. 2023.)
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1886, � 1,
effective July 1. L. 2023: (1), IP(2)(a), (2)(a)(II), (2)(b)(III), IP(2)(e), (2)(e)(I), (2)(f), and (3) amended, (SB 23-051), ch. 37, p. 139, � 6, effective March 23. L. 2024: IP(2)(a) and (2)(a)(II) amended, (SB 24-103), ch. 32, p. 101, � 5, effective August 7.
8-15.7-105. State apprenticeship council - created - members - powers and
duties. (1) (a) The director shall establish the state apprenticeship council to provide advice and guidance to the state apprenticeship agency on the operation of the state's apprenticeship system.
(b) The SAC:
(I) Is composed of persons familiar with apprenticeable occupations;
(II) Includes an equal number of representatives of employer and employee
organizations and includes members of the public who must not number more than the number of representatives of either employer or employee organizations;
(III) Includes all the members of the CABCT and CANEI.
(c) The chairs of the CABCT and CANEI shall serve as co-chairs of the SAC.
(1.5) The SAC may convene additional subcommittees as needed to fulfill its
duties.
(2) The SAC shall:
(a) Publish a statement defining the CABCT's jurisdiction of the building and
construction trades and update the statement periodically as necessary as determined by the SAC; and
(b) Resolve conflicts and complaints that arise between the CABCT and the
CANEI as determined by the SAC.
(3) If there is a tie among the SAC members in determining a resolution to a
conflict, the director shall break the tie. A decision of the SAC is final.
(4) The CABCT has jurisdiction over apprenticeship programs for
occupations in the building and construction trades. For purposes of this section, occupations are in the building and construction trades if either:
(a) Workers in the occupation perform construction, reconstruction,
renovation, alteration, demolition, painting, repair, or maintenance work for roads, highways, buildings, structures, industrial facilities, or energy production, energy transmission, or energy distribution, or improvements of any type; or
(b) Apprentices in the apprenticeship program will be employed by licensed
contractors.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1888, � 1,
effective July 1. L. 2023: Entire section amended, (SB 23-051), ch. 37, p. 140, � 7, effective March 23.
8-15.7-106. Application for registration of apprenticeship programs -
diversity initiatives - deregistration - rules. (1) Within thirty days after the United States department of labor recognizes the SAA, the SAA shall accept applications for the registration of apprenticeship programs in conformity with federal regulations.
(2) Each apprenticeship program that registers with the SAA shall adopt a
written diversity recruitment plan that ensures equal opportunity in the recruitment, selection, employment, and training of apprentices. The plan must comply with federal regulations concerning equal employment. The SAA shall file a compliant equal employment opportunity in apprenticeship state plan in conformity with federal regulations.
(3) (a) The SAA may deregister an apprenticeship program at the request of
the sponsor or, after a hearing in conformity with federal regulations, for noncompliance with this article 15.7 pursuant to conditions and rules established by the SAA.
(b) Any apprenticeship program deregistered for noncompliance with this
article 15.7 or any rules promulgated pursuant to this article 15.7 may present evidence to the SAA that the program is compliant. The apprenticeship program's registration may be reinstated:
(I) No earlier than one year after issuance of the deregistration order;
(II) If the SAA determines that the apprenticeship program has an
acceptable set of standards and is in compliance with all requirements for registered apprenticeship programs under this article 15.7; and
(III) If the apprenticeship program is prepared to enroll one or more
apprentices.
(4) Upon request to the SAA, a sponsor may reverse a voluntary
deregistration within six months after its effective date if on that date the SAA had no current grounds to initiate involuntary deregistration proceedings.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1888, � 1,
effective July 1. L. 2023: (1), (2), (3)(a), and (3)(b)(III) amended, (SB 23-051), ch. 37, p. 141, � 8, effective March 23.
8-15.7-107. Hearings. (1) The SAA shall conduct hearings for the purpose of
resolving compliance issues or deregistration issues with a registered apprenticeship program in conformity with federal regulations.
(2) The determination of the SAA is a final agency action that is subject to
judicial review pursuant to section 24-4-106.
(3) Sponsors may appeal to the United States department of labor's office of
apprenticeship for a final determination in conformity with federal regulations.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1889, � 1,
effective July 1. L. 2023: Entire section R&RE, (SB 23-051), ch. 37, p. 142, � 9, effective March 23.
8-15.7-108. Rules. (1) The director may promulgate rules to implement this
article 15.7, which rules must conform with federal regulations. The rules may include, but are not limited to, rules that address:
(a) The eligibility requirements for apprenticeship programs to be registered
by the SAA;
(b) The requirements for a person or entity to be a sponsor;
(c) The conditions and proceedings for curing noncompliance with this
article 15.7 and for the deregistration of a registered apprenticeship program; and
(d) Grievance procedures for complaints not under the jurisdiction of the
United States equal employment opportunity commission, including complaints concerning apprentices not moving through an apprenticeship program in a timely manner and insufficient on-the-job learning or classroom time.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1890, � 1,
effective July 1. L. 2023: IP(1) and (1)(d) amended, (SB 23-051), ch. 37, p. 142, � 10, effective March 23.
PART 2
CAREER AND TECHNICAL EDUCATION
AND REGISTERED APPRENTICESHIPS
Cross references: For the legislative declaration in SB 24-104, see section 1
of chapter 299, Session Laws of Colorado 2024.
8-15.7-201. State apprenticeship agency - community college system -
career and technical education - apprenticeship programs - alignment. (1) The state apprenticeship agency, in coordination with the career and technical education division of the Colorado community college system, shall align the high school career and technical education system and the registered apprenticeship system for programs and occupations related to infrastructure, advanced manufacturing, education, or health care. On or before July 1, 2026, the state apprenticeship agency and the career and technical education division must:
(a) Establish at least one state-level advisory board that will create state-approved programs that align with registered apprenticeship programs;
(b) Use each state-level advisory board to align the competencies of high
school career and technical education division programs with registered apprenticeship programs; and
(c) Educate registered apprenticeship sponsors on how to include credit for
previous experience from career and technical education in program standards.
(2) The state-level advisory boards shall select which high school career and
technical education division programs to align with registered apprenticeship programs based on available registered apprenticeship programs in the relevant occupations and other criteria as established by the state apprenticeship agency in collaboration with the career and technical education division.
(3) On and after July 1, 2026, the state apprenticeship agency, in
coordination with the career and technical education division of the Colorado community college system, shall expand the number of aligned programs in infrastructure, advanced manufacturing, education, and health care or related occupations identified as top jobs by the annual Colorado talent pipeline report produced pursuant to section 24-46.3-103 (3)(a). The state-approved programs do not invalidate existing or future career and technical education division programs that have demonstrated alignment to high wage, high skills, or in-demand industries.
(4) The office of future of work in the department shall engage in proactive
outreach to foster collaboration between registered apprenticeship programs, the Colorado community college system, career and technical education programs, institutions of higher education, and other training providers in the related programs and occupations to facilitate awareness of opportunities for current and prospective participants.
(5) The community college system may receive funding for the services
described in this section through a limited purpose fee-for-service contract pursuant to section 23-18-308 (1)(m).
Source: L. 2024: Entire part added, (SB 24-104), ch. 299, p. 2037, � 3,
effective August 7.
PART 3
SCALE-UP GRANT PROGRAM
8-15.7-301. Definitions. As used in this part 3:
(1) Applicant means a person that applies to receive a grant from the scale-up grant program.
(2) Scale-up grant fund or fund means the scale-up grant fund created in
section 8-15.7-305.
(3) Scale-up grant program or grant program means the scale-up grant
program created in section 8-15.7-302.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 776, � 4,
effective May 10.
8-15.7-302. Scale-up grant program - creation - application process - data.
(1) On or before January 1, 2025, the department shall establish the scale-up grant program to establish new registered apprenticeship programs or expand existing programs in Colorado.
(2) The department shall:
(a) Create an application process through which it selects grant recipients to
participate in the grant program, with the goal of accelerating new apprenticeship program growth, diversifying participants in apprenticeship programs, and diversifying the geographic distribution of apprenticeship programs, especially in high-priority, high-demand industries, while ensuring quality standards;
(b) Select grant recipients that are employers or sponsors that:
(I) Plan to develop and register a new registered apprenticeship program; or
(II) Currently offer a registered apprenticeship program and plan to expand
it;
(c) Outline performance expectations for grant recipients participating in the
grant program, including maintaining accurate and timely data in the federal registered apprenticeship partners information database system, or a successor database; and
(d) Collect data concerning the grant program, including:
(I) The number of employers benefiting from the grant program;
(II) The number of apprentices benefiting from the grant program;
(III) The wages for apprentices benefiting from the grant program;
(IV) The demographics of the apprentices served by the grant recipients; and
(V) Any other information deemed appropriate by the department.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 776, � 4,
effective May 10.
8-15.7-303. Applicants. (1) An applicant shall submit an application to the
department in a form and manner established by the department that is designed to maximize participation. In the application, the applicant shall:
(a) Provide a detailed proposal and operations plan for the growth or
development of a registered apprenticeship program; and
(b) Submit any other information deemed appropriate by the department.
(2) Applicants must not have received or have been selected to receive
funding from the qualified apprenticeship intermediary grant program pursuant to section 8-15.7-402.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 777, � 4,
effective May 10.
8-15.7-304. Report. On or before December 31, 2026, the department shall
submit a report compiling the information collected pursuant to section 8-15.7-302 (2)(d) to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee, or their successor committees.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 777, � 4,
effective May 10.
8-15.7-305. Scale-up grant fund - creation - gifts, grants, or donations -
transfer. (1) There is created in the state treasury the scale-up grant fund. Money in the fund is annually appropriated to the department to implement the grant program and pay for the department's direct and indirect costs in administering the grant program.
(2) On July 1, 2024, the state treasurer shall transfer two million dollars from
the general fund to the scale-up grant fund.
(3) The department may seek, accept, and expend gifts, grants, and
donations from private or public sources for the purposes of this part 3.
(3.5) On June 30, 2025, the state treasurer shall transfer five hundred
thousand dollars from the scale-up grant fund to the general fund.
(4) The state treasurer shall transfer all unexpended and unencumbered
money remaining in the fund at the end of state fiscal year 2026-27 to the general fund.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 777, � 4,
effective May 10. L. 2025: (3.5) added, (SB 25-264), ch. 129, p. 498, � 2, effective April 25.
8-15.7-306. Repeal of part. This part 3 is repealed, effective July 1, 2027.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 778, � 4,
effective May 10.
PART 4
QUALIFIED APPRENTICESHIP INTERMEDIARY
GRANT PROGRAM
8-15.7-401. Definitions. As used in this part 4:
(1) Applicant means a person that applies to receive a grant from the
qualified apprenticeship intermediary grant program.
(2) Qualified apprenticeship intermediary has the same meaning as
qualified intermediary as set forth in section 8-15.7-101 (11).
(3) Qualified apprenticeship intermediary grant fund or fund means the
qualified apprenticeship intermediary grant fund created in section 8-15.7-405.
(4) Qualified apprenticeship intermediary grant program or grant
program means the qualified apprenticeship intermediary grant program created in section 8-15.7-402.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 778, � 4,
effective May 10.
8-15.7-402. Qualified apprenticeship intermediary grant program -
creation - application process - data. (1) On or before January 1, 2025, the department shall establish the qualified apprenticeship intermediary grant program to support entities that demonstrate expertise in connecting employers or apprenticeship program participants to registered apprenticeship programs or in convening stakeholders to develop registered apprenticeship programs.
(2) The department shall:
(a) Create an application process through which it selects grant recipients to
participate in the grant program, with the goal of expanding apprenticeship programs, diversifying participants in apprenticeship programs, and diversifying geographic distribution of apprenticeship programs, especially in high-priority, high-demand industries, while ensuring quality standards;
(b) Select and prioritize grant program recipients based on:
(I) An applicant's record of success in supporting job seekers, apprentices,
employers, and sponsors;
(II) The regional diversity of the areas served by an applicant;
(III) The diversity of populations served by an applicant; and
(IV) How the registered apprenticeship programs served by the applicant
meet talent needs in high-priority, high-demand industries;
(c) Outline performance expectations for grant recipients participating in the
grant program; and
(d) Collect data concerning the grant program that includes:
(I) The number of employers benefiting from the grant program;
(II) The number of apprentices benefiting from the grant program;
(III) The demographics of the apprentices served by the grant recipients;
(IV) A description of the services provided by the grant recipient;
(V) The names of the registered apprenticeship programs and occupations
impacted by the services provided by the grant recipient; and
(VI) Any other information deemed appropriate by the department.
(3) Grant recipients shall not use money from the grant program for
apprentice wages.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 778, � 4,
effective May 10.
8-15.7-403. Application. (1) An applicant shall submit an application to the
department in a form and manner established by the department that is designed to maximize participation. In the application, the applicant shall:
(a) Describe how the grant will be used to expand or diversify registered
apprenticeship programs in Colorado; and
(b) Submit any other information deemed appropriate by the department.
(2) An applicant must:
(a) Be a qualified apprenticeship intermediary; and
(b) Applicants must not have received or have been selected to receive
funding from the scale-up grant program pursuant to section 8-15.7-302.
(3) The SAA shall post a list of the types of entities eligible to apply to the
grant program on the SAA's website, including labor management training partnerships, multiemployer apprenticeship sponsors, economic development organizations, apprenticeship training committees, local workforce boards, local school districts or boards of cooperative services, industry or trade associations, nonprofit organizations, and community colleges.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 779, � 4,
effective May 10.
8-15.7-404. Report. On or before December 31, 2026, the department shall
submit a report compiling the information collected pursuant to section 8-15.7-402 (2)(d) to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee, or their successor committees.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 780, � 4,
effective May 10.
8-15.7-405. Qualified apprenticeship intermediary grant fund - creation -
transfer
C.R.S. § 8-17-101
8-17-101. Colorado labor employed on public works. (1) Whenever any public works project financed in whole or in part by funds of the state, counties, school districts, or municipalities of the state of Colorado are undertaken in this state, Colorado labor shall be employed to perform at least eighty percent of the work. The governmental body financing a public works project shall waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor to perform the work of the project and if compliance with this article would create an undue burden that would substantially prevent a project from proceeding to completion. A governmental body that allows a waiver pursuant to this subsection (1) shall post notice of the waiver and a justification for the waiver on its website. A governmental body shall not impose contractual damages on a contractor for a delay in work due to the waiver process.
(2) Repealed.
Source: L. 33: p. 660, � 1. CSA: C. 138, � 263. L. 39: p. 473, � 1. CRS 53: � 80-21-1. C.R.S. 1963: � 80-18-1. L. 77: Entire section amended, p. 446, � 1, effective May
-
L. 2008: Entire section amended, p. 1599, � 12, effective May 29. L. 2013: Entire section amended, (HB 13-1292), ch. 266, p. 1395, � 2, effective May 24. L. 2015: (2)(b) amended, (SB 15-264), ch. 259, p. 942, � 8, effective August 5. L. 2017: IP(2) and (2)(b) amended, (HB 17-1051), ch. 99, p. 349, � 60, effective August 9. L. 2021: (2)(a) amended, (HB 21-1108), ch. 156, p. 890, � 14, effective September 7. L. 2025: (2) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: Subsection (2) was relocated to � 8-17-100.3 in 2025.
Cross references: (1) For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) In 2013, this section was amended by the Keep Jobs In Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
(3) For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
C.R.S. § 8-17-104
8-17-104. Enforcement - violation - penalties - Colorado labor enforcement cash fund - creation. (1) The department of labor and employment shall enforce the requirements of this article in the event of a complaint alleging a potential violation of the requirements of this article. In connection with the department's duty to enforce the requirements of this article, the department shall receive complaints about potential violations of such requirements, initiate investigations based on such complaints, and impose penalties for the violation of the requirements of this article pursuant to subsection (2) of this section. The department shall not investigate or take any other action regarding a complaint filed more than ninety days after the project has been finalized.
(2) (a) After conducting an investigation of a complaint alleging a violation of
the provisions of this article, if the department of labor and employment determines that a contractor has knowingly violated the requirements of this article by importing labor in excess of that permitted pursuant to section 8-17-101 (1), the executive director of the department of labor and employment or the executive director's designee shall impose a fine on such contractor as follows:
(I) For the first violation, five thousand dollars or an amount equal to one
percent of the cost of the contract, whichever is less;
(II) For the second violation, ten thousand dollars or an amount equal to one
percent of the cost of the contract, whichever is less; or
(III) For the third violation and any violation thereafter, twenty-five thousand
dollars or an amount equal to one percent of the cost of the contract, whichever is less.
(b) When the department of labor and employment receives a complaint, it
shall notify the contractor of the complaint, but shall commence the investigation only at the completion of the project. The department shall complete any investigation in response to a complaint within ninety days of the date that the department began the investigation. Compliance shall be measured over the entirety of the completed project.
(c) If the department of labor and employment has imposed three fines on a
contractor pursuant to paragraph (a) of this subsection (2) within five years and finds the violations to be egregious, the executive director of the department of labor and employment or the executive director's designee may initiate the process to debar the contractor pursuant to section 24-109-105, C.R.S.
(d) The executive director of the department of labor and employment may
dismiss a complaint in his or her discretion if, after conducting an investigation pursuant to this section, the department determines that the circumstances that led to the complaint were the result of a minor paperwork violation.
(3) A contractor who is found to be in violation of the provisions of this article
may appeal such finding to the executive director of the department of labor and employment. The executive director or the executive director's designee shall hold a hearing to review such notice or order and take final action in accordance with article 4 of title 24, C.R.S., and may either conduct the hearing personally or appoint an administrative law judge from the department of personnel. Final agency action is subject to judicial review pursuant to article 4 of title 24, C.R.S.
(4) The revenue collected from the fines imposed pursuant to subsection (2)
of this section shall be transmitted to the state treasurer, who shall credit the same to the Colorado labor enforcement cash fund, which is hereby created. The general assembly shall make appropriations from the fund as necessary to cover the direct and indirect costs of the department of labor and employment in connection with the requirements of this article. All moneys not expended or encumbered and all interest earned on the investment or deposit of moneys in the fund remain in the fund and do not revert to the general fund or any other fund at the end of any fiscal year.
(5) The requirements of this article may not be enforced through a private
right of action.
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1396, � 4,
effective May 24.
Cross references: In 2013, this section was added by the Keep Jobs In
Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
C.R.S. § 8-17-106
8-17-106. Rules. (1) The executive director of the department of labor and employment shall promulgate rules for the implementation of this article. Such rules shall be promulgated in accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S., and must include, but need not be limited to:
(a) A procedure for filing a complaint alleging that a contractor is in violation
of the provisions of this article;
(b) A procedure for the uniform investigation of any complaint alleging a
violation of the provisions of this article; and
(c) A procedure for filing an appeal pursuant to section 8-17-104 (3).
Source: L. 2013: Entire section added, (HB 13-1292), ch. 266, p. 1398, � 4,
effective May 24.
Cross references: In 2013, this section was added by the Keep Jobs In
Colorado Act of 2013. For the short title, see section 1 of chapter 266, Session Laws of Colorado 2013.
C.R.S. § 8-2-130
8-2-130. Criminal history - limits on advertisements and applications - exceptions - enforcement - rules - short title - definitions. (1) Short title. The short title of this section is the Colorado Chance to Compete Act.
(2) Definitions. As used in this section:
(a) Criminal history means the record of arrests, charges, pleas, or
convictions for any misdemeanor or felony at the federal, state, or local level.
(b) Department means the department of labor and employment.
(c) (I) Employer means a person that regularly engages the services of
individuals to perform services of any nature. Employer includes:
(A) An agent, representative, or designee of an employer; and
(B) An employment agency, as defined in section 24-34-401 (4).
(II) Employer does not include the state, a local government, or a quasi-governmental entity or political subdivision of the state.
(3) Criminal history information - limits on advertisements and applications
-
permissible uses. (a) On and after September 1, 2019, an employer with eleven or more employees, and on and after September 1, 2021, all employers, shall not:
(I) State in an advertisement for an employment position that a person with a criminal history may not apply for the position;
(II) State on any form of application, including electronic applications, for an employment position that a person with a criminal history may not apply for the position; or
(III) Inquire into, or require disclosure of, an applicant's criminal history on an initial written or electronic application form.
(b) An employer may obtain the publicly available criminal background report of an applicant at any time.
(4) Exceptions. This section does not apply to a position being offered or advertised if:
(a) Federal, state, or local law or regulation prohibits employing for that position a person with a specific criminal history;
(b) The position is designated by the employer to participate in a federal, state, or local government program to encourage the employment of people with criminal histories; or
(c) The employer is required by federal, state, or local law or regulation to conduct a criminal history record check for that position, regardless of whether the position is for an employee or an independent contractor.
(5) Enforcement - notice and records retention rules. (a) This section does not create or authorize a private cause of action by a person aggrieved by a violation of this section and does not create a protected class under section 24-34-402. The penalties set forth in this subsection (5) are the sole remedy for a violation of this section. The issuance of a warning, order, or penalty for a violation of this section is not evidence of a violation of part 4 of article 34 of title 24.
(b) A person who is aggrieved by a violation of this section may file a complaint with the department. If the department receives a complaint within twelve months after the act that is alleged to violate this section occurred, the department shall investigate the complaint unless the department determines that the complaint is without merit.
(c) An employer that violates this section is liable for one of the following penalties:
(I) For the first violation, a warning and an order requiring compliance within thirty days;
(II) For the second violation, an order requiring compliance within thirty days and a civil penalty not to exceed one thousand dollars; or
(III) For a third or subsequent violation, an order requiring compliance within thirty days and a civil penalty not to exceed two thousand five hundred dollars.
(d) An employer is not subject to penalties for a second or subsequent violation under subsection (5)(c) of this section unless the employer:
(I) Failed to comply with an order requiring compliance within thirty days after the date of the order; or
(II) Complied with an order requiring compliance within thirty days but then committed a violation of this section more than thirty days after the issuance of the order.
(e) The department shall adopt rules regarding procedures for handling complaints filed against employers alleging a violation of this section, including:
(I) Requirements for providing notice to an employer alleged to have violated this section; and
(II) Requirements for retaining and maintaining relevant employment records during a pending investigation.
Source: L. 2019: Entire section added, (HB 19-1025), ch. 284, p. 2647, � 2, effective August 2.
Cross references: For the legislative declaration in HB 19-1025, see section 1 of chapter 284, Session Laws of Colorado 2019.
C.R.S. § 8-20-1004
8-20-1004. Rules. The director has the authority to promulgate rules as necessary for the implementation of this part 10.
Source: L. 2008: Entire part added, p. 1022, � 3, effective May 21.
ARTICLE 20.5
Petroleum Storage Tanks
Editor's note: This article was added with relocations in 1995 containing
relocated provisions of some sections formerly located in parts 5, 6, and 7 of article 20 of this title and article 18 of title 25. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated.
PART 1
ADMINISTRATION
8-20.5-101. Definitions. As used in this article, unless the context otherwise
requires:
(1) Abandoned tank means an underground or aboveground petroleum
storage tank that the current tank owner or operator or current property owner did not install, has never operated or leased to another for operation, and had no reason to know was present on the site at the time of site acquisition.
(2) (a) Aboveground storage tank means any one or a combination of
containers, vessels, and enclosures, including structures and appurtenances connected to them, constructed of nonearthen materials, including but not limited to concrete, steel, or plastic, which provide structural support, used to contain or dispense fuel products and the volume of which, including the pipes connected thereto, is ninety percent or more above the surface of the ground.
(b) Aboveground storage tank does not include:
(I) A wastewater treatment tank system that is part of a wastewater
treatment facility;
(II) Equipment or machinery that contains regulated substances for
operational purposes;
(III) (A) Farm and residential tanks or tanks used for horticultural or
floricultural operations.
(B) Nothing in sub-subparagraph (A) of this subparagraph (III), as amended
by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(IV) Aboveground storage tanks located at natural gas pipeline facilities that
are regulated under state or federal natural gas pipeline acts;
(V) Aboveground storage tanks associated with natural gas liquids
separation, gathering, and production;
(VI) Aboveground storage tanks associated with crude oil production,
storage, and gathering;
(VII) Aboveground storage tanks at transportation-related facilities
regulated by the federal department of transportation;
(VIII) Aboveground storage tanks used to store heating oil for consumptive
use on the premises where stored;
(IX) Aboveground storage tanks used to store flammable and combustible
liquids at mining facilities and construction and earthmoving projects, including gravel pits, quarries, and borrow pits where, in the opinion of the director of the division of oil and public safety, tight control by the owner or contractor and isolation from other structures make it unnecessary to meet the requirements of this article;
(X) Any other aboveground tank excluded by regulation.
(2.5) Alternative fuel means a motor fuel that combines petroleum-based
fuel products with renewable fuels.
(3) Closure means the abandonment of an underground storage tank in
place or the removal and disposal of an underground storage tank.
(4) Department means the department of labor and employment, created
in section 24-1-121, C.R.S.
(5) Designee means a qualified municipality, city, home rule city, city and
county, county, fire protection district, or any other political subdivision of the state, including a county or district public health agency created pursuant to section 25-1-506, C.R.S., which county or district public health agency is acting under agreement or contract with the department for the implementation of the provisions of this article.
(5.5) Fee lands means land owned in fee simple within the exterior
boundaries of the Southern Ute Indian reservations in Colorado. Fee land does not mean land owned by an Indian tribe or the federal government or held in trust by the federal government for the use or benefit of an Indian tribe or its members.
(6) Fuel products means all gasoline, aviation gasoline, diesel, aviation
turbine fuel, jet fuel, fuel oil, biodiesel, biodiesel blends, kerosene, all alcohol blended fuels, gas or gaseous compounds, and other volatile, flammable, or combustible liquids, produced, compounded, and offered for sale or used for the purpose of generating heat, light, or power in internal combustion engines or fuel cells, for cleaning or for any other similar usage.
(7) Municipality means any city or any town operating under general or
special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with the provisions of part 3 of this article.
(8) Operator means any person in control of, or having responsibility for,
the operation of an underground or aboveground storage tank.
(9) Orphan tank means an underground storage tank which is:
(a) Owned or operated by an unidentified owner as defined in this article; or
(b) No longer in use and was not closed in accordance with the procedures
required by this article and the property has changed ownership prior to December 22, 1988, and such property is no longer used to dispense fuels.
(10) (a) Owner means:
(I) In the case of an underground storage tank in use on or after November 8,
1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances;
(II) In the case of an underground storage tank in use before November 8,
1984, but no longer in use on or after November 8, 1984, any person who owned such tank immediately before the discontinuation of its use; or
(III) Any person who owns an aboveground storage tank.
(b) For purposes of corrective action for petroleum releases, the term
owner does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect a security interest in or lien on the tank or the property where the tank is located.
(11) Person means any individual, trust, firm, joint-stock company,
corporation (including a government corporation), partnership, association, commission, municipality, state, county, city and county, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, or the government of the United States.
(12) Property owner means a person having a legal or equitable interest in
real or personal property that is subject to this article.
(13) Regulated substance means:
(a) Any substance defined in section 101 (14) of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended, but not including any substance regulated as a hazardous waste under subtitle C of Title II of the federal Resource Conservation and Recovery Act of 1976, as amended;
(b) Petroleum, including crude oil, and crude oil or any fraction thereof that is
liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);
(c) Alternative fuel; or
(d) Renewable fuel.
(14) Release means any spilling, leaking, emitting, discharging, escaping,
leaching, or disposing of a regulated substance from an underground storage tank into groundwater, surface water, or subsurface soils.
(14.5) Renewable fuel means a motor vehicle fuel that is produced from
plant or animal products or wastes, as opposed to fossil fuel sources.
(15) Reportable quantities means quantities of a released regulated
substance which equal or exceed the reportable quantity under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and petroleum products in quantities of twenty-five gallons or more.
(16) Tank means a stationary device designed to contain an accumulation
of a regulated substance, constructed primarily of nonearthen materials which provide structural support including, but not limited to, wood, concrete, steel, or plastic.
(17) (a) Underground storage tank means any one or combination of tanks,
including underground pipes connected thereto, except those identified in paragraph (b) of this subsection (17), that is used to contain an accumulation of regulated substances and the volume of which, including the volume of underground pipes connected thereto, is ten percent or more beneath the surface of the ground.
(b) Underground storage tank does not include:
(I) Any farm or residential tank with a capacity of one thousand one hundred
gallons or less used for storing motor fuel for noncommercial purposes;
(II) Any tank used for storing heating oil for consumptive use on the premises
where stored;
(III) Any septic tank;
(IV) Any pipeline facility, including its gathering lines, regulated under the
federal Natural Gas Pipeline Safety Act of 1968, as amended, or the federal Hazardous Liquid Pipeline Safety Act of 1979, as amended, or regulated under Colorado law if such facility is an intrastate facility;
(V) Any surface impoundment, pit, pond, lagoon, or landfill;
(VI) Any storm-water or wastewater collection system;
(VII) Any flow-through process tank;
(VIII) Any liquid trap or associated gathering lines directly related to oil or
gas production and gathering operations;
(IX) Any storage tank situated in an underground area, such as a basement,
cellar, mine-working, drift, shaft, or tunnel area, if the tank is situated upon or above the surface of the floor;
(X) Any pipes connected to any tank described in subparagraphs (I) to (IX) of
this paragraph (b); or
(XI) Any other underground tank excluded by regulation.
(18) Upgrade means the addition or retrofit of some systems such as
cathodic protection, lining, modification of the system piping, or spill and overfill controls to improve the ability of a petroleum storage tank system to prevent the release of product.
Source: L. 95: Entire article added, p. 389, � 1, effective July 1. L. 96: (1) and
(2)(b) amended and (17)(b)(XI) added, pp. 710, 711, �� 2, 3, effective May 15. L. 2001: (2)(b)(IX) amended, p. 1125, � 41, effective June 5. L. 2005: (5.5) added, p. 418, � 4, effective July 1; (2)(b)(III) amended, p. 347, � 2, effective August 8; (6) amended, p. 1348, � 21, effective August 8. L. 2007: (2.5) and (14.5) added and (13) amended, p. 1760, �� 3, 4, effective June 1. L. 2008: (5) amended, p. 2051, � 4, effective July 1. L. 2009: (13)(a) amended, (SB 09-292), ch. 369, p. 1939, � 6, effective August 5.
Editor's note: This section is similar to �� 8-20-501, 8-20-601, 8-20-702, and
25-18-102 as they existed prior to 1995.
Cross references: For the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, see Pub.L. 96-510, codified at 42 U.S.C. � 9601 et seq. For the federal Resource Conservation and Recovery Act of 1976, see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq. For the federal Natural Gas Pipeline Safety Act of 1968, see Pub.L. 90-481. For the federal Hazardous Liquid Pipeline Safety Act of 1979, see Pub.L. 96-129.
8-20.5-102. Registration - fees. (1) Each owner or operator of an
underground or aboveground storage tank shall register such tank with the director of the division of oil and public safety within thirty days after the first day on which the tank is actually used to contain a regulated substance or, in the case of an aboveground storage tank, on or before July 1, 1993, or, thereafter, within thirty days after the first day on which the tank is actually used to contain a regulated substance. Each owner or operator shall renew such registration annually on or before the calendar day and month of initial registration for each year in which the storage tank is in use. An underground storage tank is considered to be in use at all times, except when the tank has been either removed from the ground or permanently closed in accordance with the rules promulgated pursuant to section 8-20.5-202 (1.5) that relate to the closure of such tanks.
(2) To register or renew registration of an underground or aboveground
storage tank, the owner or operator of the tank shall submit to the director of the division of oil and public safety a completed registration or renewal form and payment of the fee established in subsection (3) of this section. The director of the division of oil and public safety shall provide registration and renewal forms.
(3) The registration and renewal fee shall be thirty-five dollars for each tank
for each year. The fees collected pursuant to this subsection (3) shall be credited to the petroleum storage tank fund created in section 8-20.5-103.
(4) The director of the division of oil and public safety shall collect
delinquent registration and renewal fees and assess a penalty of up to twice the amount of such fees and reasonable costs associated with the collection of such fees.
Source: L. 95: Entire article added, p. 392, � 1, effective July 1. L. 2001: (1), (2),
and (4) amended, p. 1125, � 42, effective June 5. L. 2007: (4) amended, p. 386, � 2, effective April 3; (1) amended, p. 981, � 3, effective July 1.
Editor's note: This section is similar to former � 8-20-506 as it existed prior
to 1995.
8-20.5-103. Petroleum storage tank fund - petroleum cleanup and
redevelopment fund - creation - rules - definition - repeal. (1) There is hereby created in the state treasury the petroleum storage tank fund, which is an enterprise fund. The fund consists of the following:
(a) Registration and annual renewal fees collected from owners or operators
of aboveground and underground storage tanks pursuant to section 8-20.5-102 (3);
(b) Repealed.
(c) Fees collected pursuant to section 8-20.5-102 (4);
(d) Surcharge funds collected pursuant to section 8-20-206.5;
(e) Moneys reimbursed to the department in payment for costs incurred in
the investigation of a release and performance of corrective action pursuant to section 8-20.5-209;
(f) Any moneys appropriated to the fund by the general assembly;
(g) Any moneys granted to the department from a federal agency for
administration of the underground storage tank program; and
(h) Moneys from bonds issued pursuant to subsection (8) of this section.
(2) (a) The moneys in the petroleum storage tank fund and all interest earned
on moneys in the fund shall not be credited or transferred to the general fund at the end of the fiscal year.
(b) Repealed.
(3) The money in the petroleum storage tank fund is continuously
appropriated to the division of oil and public safety; except that the expenditure of money for the purposes specified in subsections (3)(b), (3)(f), and (3)(g) of this section is subject to annual appropriation by the general assembly. The fund shall be used for:
(a) Petroleum corrective action purposes and third-party liability where the
costs exceed the minimum financial responsibility requirements of the owner or operator provided for in section 8-20.5-206; except that moneys from the fund may not be used for initial abatement and corrective action regarding fuels that are especially prepared and sold for use in aircraft or railroad equipment or locomotives;
(b) Administrative costs, limited each year to the amount of the registration
fee stated in section 8-20.5-102, including costs for contract services and costs related to the delegation of duties to units of local government which are incurred by the department of labor and employment in carrying out administrative responsibilities pursuant to this article;
(c) Any costs related to the abatement of fire and safety hazards as ordered
by the director of the division of oil and public safety pursuant to section 8-20.5-208 (3);
(d) Investigation of releases or suspected releases and performance of
corrective action for petroleum releases by the department or its designated agent pursuant to section 8-20.5-209;
(e) Any federal program pertaining to petroleum underground storage tanks,
which program requires state-matching dollars;
(f) (I) Costs related to petroleum storage tank facility inspections and meter
calibrations.
(II) This subsection (3)(f) is repealed, effective September 1, 2033.
(g) Administrative costs necessary for the implementation of this article and
section 8-20-206.5.
(3.5) (a) Moneys in the petroleum storage tank fund may be used as
incentives to underground or aboveground storage tank owners and operators for significant operational compliance or to upgrade existing systems. The director of the division of oil and public safety shall promulgate rules to implement this subsection (3.5).
(b) As used in this subsection (3.5), significant operational compliance
means that an owner or operator of an underground or aboveground storage tank is in full compliance with all of the requirements of this article and, through one or more best management practices that are not otherwise required, has prevented or reduced the threat of a release to the environment.
(3.7) The director of the division of oil and public safety may annually
transfer up to five hundred thousand dollars from the petroleum storage tank fund to the petroleum cleanup and redevelopment fund.
(4) Appropriations of moneys out of the fund for the purpose of initial
abatement response or for corrective action purposes in the cleanup of releases shall be used only for those stated purposes and shall not be used for any administrative costs incurred by the department. Any amounts used for initial abatement response or for corrective action purposes shall be reported annually to the general assembly and the joint budget committee.
(5) Subject to section 8-20.5-104, the fund shall be available only to those
underground and aboveground storage tanks owners or operators who are in compliance with the provisions of section 8-20.5-209 and regulations promulgated pursuant to sections 8-20.5-202 and 8-20.5-302.
(6) Moneys in the petroleum storage tank fund shall not be used:
(a) Repealed.
(b) To fund any programs that are not specifically stated within this section.
(7) (a) Subject to sections 8-20.5-206 (6) and 8-20.5-303 (6), owners and
operators of underground and aboveground storage tanks on fee lands shall be eligible for access to the fund if the tank owner or operator:
(I) Has registered such tanks pursuant to section 8-20.5-102 and paid the
surcharges imposed by section 8-20-206.5;
(II) Can demonstrate that the owner or operator is in compliance with the
rules promulgated pursuant to sections 8-20.5-202 and 8-20.5-302; and
(III) Can demonstrate that the owner or operator has complied with sections
8-20.5-209 and 8-20.5-304 and any other rules, policies, and procedures of the department concerning corrective action.
(b) Underground and aboveground storage tank owners and operators who
have been denied access to the fund prior to July 1, 2005, based upon a determination that the tanks are on fee lands, are eligible to reapply for reimbursement from the fund if the application is filed prior to December 31, 2005, and is not barred by settlement or other agreement.
(c) Nothing in this subsection (7) shall be construed to modify the
department's authority to regulate operation of or corrective action for underground and aboveground storage tanks on fee lands.
(7.5) Repealed.
(8) The executive director of the department is authorized to issue bonds to
reimburse assessment and corrective action costs to remediate petroleum contamination. The petroleum storage tank committee may temporarily raise such bonding limits in the event of extraordinary circumstances or environmental conditions.
(9) (a) There is hereby created in the state treasury the petroleum cleanup
and redevelopment fund, which is referred to in this subsection (9) as the redevelopment fund. The redevelopment fund's sources of revenue are:
(I) Civil penalties collected pursuant to section 8-20.5-107;
(II) Any public or private gifts, grants, or donations to the redevelopment
fund received by the department;
(III) Any legislative appropriations made to the redevelopment fund;
(IV) Earned interest, which the state treasurer shall deposit in the
redevelopment fund; and
(V) Money transferred from the petroleum storage tank fund pursuant to
subsection (3.7) of this section.
(b) (I) The department may use revenues in the redevelopment fund for
administration, investigation, abatement action, and preparing and implementing corrective action plans for petroleum releases not covered by the petroleum storage tank fund if, in the opinion of the director of the division of oil and public safety, such actions would enhance environmental protection and beneficial use of the property affected by the releases. The revenues in the redevelopment fund:
(A) Remain in the fund and shall neither be credited nor transferred to the
general fund at the end of any fiscal year;
(B) Are exempt from section 24-75-402, C.R.S.; and
(C) Are continuously appropriated to the division of oil and public safety for
the purposes stated in this section and are not subject to annual appropriation by the general assembly; except that the uses of the fund for the department's costs in administering this subsection (9) are subject to annual appropriation by the general assembly.
(II) Subject to the availability of money in the redevelopment fund, the
maximum amount payable from the redevelopment fund for any single corrective action plan must not exceed fifty percent of the eligible cleanup costs or five hundred thousand dollars, whichever is less.
(c) Repealed.
(d) The division of oil and public safety shall promulgate rules to implement
this subsection (9).
(e) Repealed.
(f) (I) Notwithstanding any provision of this subsection (9) to the contrary, on
June 30, 2025, the state treasurer shall transfer seven hundred thousand dollars from the redevelopment fund to the general fund.
(II) This subsection (9)(f) is repealed, effective July 1, 2026.
Source: L. 95: Entire article added, p. 393, � 1, effective July 1. L. 2000: (3)(f)
and (6) added, p. 1383, �� 1, 2, effective May 30. L. 2001: (3)(c) amended, p. 1126, � 43, effective June 5. L. 2002: (2) amended, p. 150, � 2, effective March 27; (3)(f) amended, p. 950, � 1, effective August 7. L. 2003: (3)(g) added and (6)(a) repealed, p. 2665, �� 3, 2, effective June 5. L. 2005: IP(1) amended and (1)(h) and (8) added, p. 1326, �� 1, 2, effective July 1; (7) added, p. 416, � 1, effective July 1. L. 2007: IP(3), (3)(a), and (3)(f)(II) amended, p. 387, � 3, effective April 3; (3.5) added, p. 980, � 1, effective July 1. L. 2010: (3)(f)(II) amended, (HB 10-1185), ch. 82, p. 276, � 2, effective August 11. L. 2013: IP(1) amended, (1)(b) repealed, and (9) added, (HB 13-1252), ch. 247, p. 1196, � 1, effective May 18. L. 2014: (9)(b)(I) amended, (HB 14-1334), ch. 370, p. 1762, � 1, effective June 6. L. 2015: (3.5) added, (HB 15-1299), ch. 162, p. 494, � 1, effective August 5. L. 2016: (2)(b) repealed, (HB 16-1408), ch. 153, p. 472, � 26, effective July 1; IP(3) and (3)(f)(II) amended, (HB 16-1044), ch. 1, p. 1, � 2, effective August 10. L. 2020: (7.5) and (9)(e) added, (HB 20-1406), ch. 178, p. 810, � 1, effective June 29. L. 2021: (9)(e) repealed, (SB 21-266), ch. 423, p. 2794, � 2, effective July 2. L. 2023: IP(3), (3)(f)(II), (9)(a)(III), and (9)(a)(IV) amended and (3.7) and (9)(a)(V) added, (SB 23-280), ch. 404, p. 2416, � 1, effective August 7. L. 2025: (9)(f) added, (SB 25-264), ch. 129, p. 499, � 4, effective April 25; (7.5) repealed, (SB 25-300), ch. 428, p. 2536, � 3, effective August 6.
Editor's note: (1) This section is similar to former � 25-18-109 as it existed
prior to 1995.
(2) Subsection (9)(c)(II) provided for the repeal of subsection (9)(c), effective
July 1, 2014. (See L. 2013, p. 1196.)
8-20.5-104. Rules - petroleum storage tank committee. (1) (a) There is
created the petroleum storage tank committee, which consists of seven members who have technical expertise and knowledge in fields related to corrective actions taken to mitigate underground and aboveground storage tank releases.
(b) The committee consists of:
(I) The following permanent members:
(A) The director of the division of oil and public safety or the director's
designee;
(B) The executive director of the department or the executive director's
designee; and
(C) An owner or operator; and
(II) Four members appointed by the governor who shall be chosen from
among the following groups, with no more than one member representing each group:
(A) Fire protection districts;
(B) Elected local governmental officials;
(C) Companies that refine and retail motor fuels in Colorado;
(D) Companies that wholesale motor fuels in Colorado;
(E) Owners and operators of independent retail outlets;
(F) Companies that conduct corrective actions or install and repair
underground and aboveground storage tanks; and
(G) Private citizens or interest groups.
(c) The department shall provide staff to support the activities of the
committee.
(2) Members of the committee shall serve three-year terms. All vacancies
shall be filled by the governor to serve the remainder of the unexpired term.
(3) Members of the committee shall receive no additional salary or per diem
reimbursement for their services as members of the committee, but shall be allowed travel and parking costs and maintenance expenses while on official committee business conducted more than one hundred miles from their respective residences.
(4) The committee shall be required to meet no more than twice in any
month. The committee shall recommend all regulatory actions proposed by the committee to the director of the division of oil and public safety for adoption or ratification. The committee shall conduct the following activities in accordance with section 24-4-105, C.R.S., as its routine business:
(a) Establish procedures, practices, and policies governing the committee's
activities;
(b) Review standards and regulations governing underground and
aboveground storage tanks;
(c) Establish procedures, practices, and policies governing the form and
procedures for applications to the petroleum storage tank fund for reimbursement compensation;
(d) (I) Establish procedures, practices, and policies governing any and all
aspects of processing, adjusting, defending, or paying claims against the fund. To encourage tank owners and operators to report and remediate contamination and achieve compliance with rules promulgated by the director of the division of oil and public safety, the committee may approve claims involving tanks not operated in substantial compliance, but may also determine the amount, if any, by which such claims may be reduced for noncompliance. Before imposing any reduction for noncompliance the committee shall determine whether the rules issued by the director of the division of oil and public safety are both substantially and procedurally no more stringent than United States environmental protection agency regulations under 42 U.S.C. sec. 6991 and whether the areas of noncompliance were brought into compliance prior to application to the fund, where possible. The committee shall use the following guidelines when imposing a reduction for noncompliance:
(A) Up to a ten percent reduction for failure to register a tank;
(B) Up to a twenty-five percent reduction for improper release detection;
(C) Up to a ten percent reduction for improper release reporting;
(D) Up to a twenty percent reduction for improper out-of-service and closure.
(II) Nothing in this article shall be construed to require the committee to
approve a claim involving substantial noncompliance. The committee shall establish specific criteria to define when denial for substantial noncompliance may be imposed.
(e) Establish priorities governing the types of corrective actions which shall
be reimbursed from the fund;
(f) Review corrective action plans submitted pursuant to section 8-20.5-209,
for which no agreement has been reached through informal conferences between the department and the owner or operator, and make a recommendation to the department, upon request from the department or the owner or the operator, as to the corrective action that is acceptable;
(g) Issue public notices and hold public hearings to obtain comment on the
activities described in this subsection (4);
(h) (I) (A) Pay interest to all persons who file a properly and fully completed
claim for reimbursement and are not reimbursed in a timely manner. For purposes of this paragraph (h), interest shall accrue on the amount approved for payment by the committee at the rate determined pursuant to section 39-21-110.5, C.R.S., for each day a properly and fully completed application is not processed in a timely manner.
(B) Notwithstanding this paragraph (h), if a claimant cannot be reimbursed in
a timely manner because insufficient moneys in the petroleum storage tank fund prevent the issuance of a reimbursement check within thirty days after approval of the disbursement, interest shall not begin to accrue on the claim until thirty-one days after sufficient moneys are available in said fund.
(II) For purposes of this paragraph (h), timely manner means:
(A) That an application filed with the petroleum storage tank fund on or after
January 1, 1996, shall be submitted for review by the committee within ninety working days of receipt;
(B) That an application filed with the petroleum storage tank fund on or after
July 1, 1995, but before January 1, 1996, shall be submitted for review by the committee within one hundred twenty working days of receipt;
(C) That an application filed with the petroleum storage tank fund before
July 1, 1995, shall be submitted for review by the committee no later than December 31, 1995;
(D) That reimbursement checks shall be issued within thirty days after
disbursement is approved by the committee.
(5) The committee may, in order to perform any or all of its responsibilities
and functions under subsection (4) of this section, contract for the use of outside experts, consultants, or services.
(6) Reductions determined by the committee because of noncompliance
shall be cumulative and shall apply to all eligible costs approved by the committee in the initial and all supplemental claims for the occurrence as defined in section 8-20.5-206 (2); except that in no instance shall cumulative reductions for noncompliance apply to claims submitted in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3).
(7) The reductions described in subsections (4)(d) and (6) of this section
pertain to this section only and shall not be construed to have any impact on cost-recovery actions taken in accordance with section 8-20.5-209 or any civil or criminal penalties imposed as part of an enforcement proceeding.
(8) At its first meeting of each fiscal year, on or about July 1, the committee
shall establish and set aside for reimbursements to those individuals who are eligible to make application to the fund in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3), an amount equal to twenty percent of the total budget of the department from the petroleum storage tank fund, which amount shall be used for the purpose of conducting remediation activities in accordance with sections 8-20.5-206 (3), 8-20.5-209, and 8-20.5-303 (3) and shall protect the integrity of the fund as a financial assurance mechanism for tank owners and operators. The committee shall reexamine on a quarterly basis the unencumbered balance of this allocation and may set aside lesser or additional amounts for reimbursements to such applicants based on the relative number of requested reimbursements from the owners and operators of active sites, with preference given to the remediation of recently contaminated locations and to active tank sites based on their higher potential for environmental impact.
(9) The petroleum storage tank committee is a type 1 entity as defined in
section 24-1-105, and exercises its powers and performs its duties and functions specified by this section under the department of labor and employment and the executive director.
Source: L. 95: Entire article added, p. 394, � 1, effective July 1. L. 96: (4)(h)(I)
amended, p. 711, � 4, effective May 15. L. 2001: (1), IP(4), and IP(4)(d)(I) amended, p. 1126, � 44, effective June 5. L. 2007: (8) amended, p. 387, � 4, effective April 3. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 5, � 4, effective February 25; (9) amended, (SB 22-162), ch. 469, p. 3384, � 89, effective August 10.
Editor's note: This section is similar to former � 25-18-105 as it existed prior
to 1995.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
8-20.5-105. Confidentiality. (1) Any records, reports, and information
obtained from any person under the provisions of this article shall be available to the public; except that any records granted confidentiality by the director of the division of oil and public safety or a designee, or granted confidentiality under existing Colorado statutes or rules, shall remain confidential.
(2) Any person making such confidential records available to any person or
organization without authorization from the affected operator or owner commits a petty offense and shall be punished pursuant to section 18-1.3-503.
(3) Confidential records may be disclosed to officers, employees, or
authorized representatives of the state or of the United States who have been charged with administering this article or subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended. Such disclosure shall not constitute a waiver of confidentiality.
Source: L. 95: Entire article added, p. 397, � 1, effective July 1. L. 2001: (1)
amended, p. 1126, � 45, effective June 5. L. 2002: (2) amended, p. 1467, � 19, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3142, � 93, effective March 1, 2022. L. 2022: (2) amended, (HB 22-1229), ch. 68, p. 349, � 40, effective March 1; (2) amended, (SB 22-212), ch. 421, p. 2966, � 17, effective August 10.
Editor's note: (1) This section is similar to former � 25-18-106 as it existed
prior to 1995.
(2) Amendments to subsection (2) by SB 22-212 and HB 22-1229 were
harmonized.
(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,
provides that the act changing this section applies to offenses committed on or after March 1, 2022; however, the Governor signed the act April 7, 2022.
Cross references: (1) For the legislative declaration contained in the 2002
act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
(2) For the Resource Conservation and Recovery Act of 1976, as amended,
see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq.
8-20.5-106. Injunctions. In addition to the remedies provided in this article,
the director of the division of oil and public safety is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction restraining any person from violating any provision of this article, regardless of whether there is an adequate remedy at law.
Source: L. 95: Entire article added, p. 398, � 1, effective July 1. L. 2001: Entire
section amended, p. 1127, � 46, effective June 5.
Editor's note: This section is similar to former � 8-20-513 as it existed prior to
1995.
8-20.5-107. Enforcement orders - civil penalties. (1) A notice of violation
may be issued by the director of the division of oil and public safety to any person who is believed to have violated any provision of this article, any rule promulgated pursuant thereto, or any warrant issued pursuant to section 8-20.5-208. The notice of violation shall be served personally or by certified mail, return receipt requested, upon the alleged violator.
(2) The notice of violation shall set forth the facts which allegedly constitute
the violation and the provisions which have allegedly been violated of either this article or any regulation promulgated pursuant thereto. The notice of violation may require the alleged violator to take any actions necessary to correct the alleged violation.
(3) Within ten working days after service of the notice of violation, the
alleged violator may file a written request with the director of the division of oil and public safety for an informal conference regarding the notice of violation. If the alleged violator fails to timely request an informal conference, all provisions of the notice of violation shall become final and not subject to further administrative review. The director of the division of oil and public safety may then seek judicial enforcement of the notice of violation.
(4) Upon receipt of the written request, the director of the division of oil and
public safety shall provide the alleged violator with a written notice of the date, time, and place of the informal conference. The director of the division of oil and public safety or a designee shall preside at the informal conference, during which the alleged violator and the entity that issued the notice of violation may present information and arguments regarding the allegations and requirements of the notice of violation.
(5) Within twenty working days after the informal conference, the director of
the division of oil and public safety shall uphold, modify, or strike the allegations of the notice of violation and may issue an enforcement order. The decision shall be served upon the alleged violator personally or by certified mail, return receipt requested. Such notice of violation or enforcement order may be appealed within twenty working days to the executive director of the department. The executive director may either conduct the hearing personally or appoint an administrative law judge from the office of administrative courts in the department of personnel to conduct the hearing. The executive director may review such decision in accordance with the provisions of section 24-4-105, C.R.S., and final agency action shall be determined in accordance with the provisions of said section. Such final agency action shall be subject to judicial review in accordance with section 24-4-106, C.R.S.
(6) The enforcement order may require the alleged violator to pay a civil
penalty not to exceed five thousand dollars per tank for each day of violation.
(7) The director of the division of oil and public safety may file suit in the
district court for the judicial district in which violations have occurred to obtain judicial enforcement of the provisions of any enforcement order. The petroleum storage tank fund may be subrogated to the rights of an owner or operator with respect to a claimed amount at the time a claim is filed with the fund.
Source: L. 95: Entire article added, p. 398, � 1, effective July 1; (5) amended,
p. 634, � 12, effective July 1. L. 2001: (1), (3), (4), (5), and (7) amended, p. 1127, � 47, effective June 5. L. 2005: (5) amended, p. 853, � 8, effective June 1.
Editor's note: This section is similar to former � 8-20-512 as it existed prior to
1995.
8-20.5-108. Petroleum storage tank administration - transfer to
department of labor and employment - legislative declaration. (1) (a) The general assembly hereby finds, determines, and declares that there is a significant backlog in the processing of claims being made against the petroleum storage tank fund. Claims for reimbursement for cleaning up petroleum contamination are not acted upon in a timely manner, which places the storage tank owner in financial jeopardy. Lenders are reluctant to write loans on contaminated property, causing the next phase of remediation to be delayed and allowing contamination to spread, threatening the environment and unnecessarily escalating future cleanup expenses.
(b) The general assembly further finds, determines, and declares that it is in
the best interest of this state to transfer petroleum storage tank administrative functions performed by the department of public health and environment to the department of labor and employment, and thereby consolidate the administration and regulation of petroleum storage tanks in this state under one department, which will minimize the cost of such functions and centralize management.
(2) (a) The administrative functions of the petroleum storage tank fund,
including claims processing, corrective action plan review and approval, and any other responsibilities for petroleum storage tank programs performed by the department of public health and environment prior to July 1, 1995, are transferred to the department of labor and employment. All employees of the department of public health and environment, excluding any contract labor, who perform the functions transferred pursuant to this subsection (2) and whose employment in the department of labor and employment is deemed necessary by the executive director of the said department are transferred to the department of labor and employment and shall become employees thereof.
(b) Such employees shall retain all rights to the state personnel system and
retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.
(c) On July 1, 1995, all items of property, real and personal, including office
furniture and fixtures, books, documents, and records of the department of public health and environment pertaining to the duties and functions transferred to the department of labor and employment pursuant to this subsection (2) are transferred to the department of labor and employment and shall become the property of such department.
(3) Repealed.
Source: L. 95: Entire article added, p. 399, � 1, effective July 1.
Editor's note: Subsection (3)(c) provided for the repeal of subsection (3),
effective December 31, 1996. (See L. 95, p. 399.)
PART 2
UNDERGROUND STORAGE TANKS
Law reviews: For article, Colorado New Underground Storage Tank Law,
see 19 Colo. Law. 233 (1990); for article, Availability of the Colorado UST Fund to Property Owners and Mortgagees, see 23 Colo. Law. 873 (1994).
8-20.5-201. Legislative declaration. The general assembly hereby finds and
declares that the leakage of regulated substances from underground storage tanks constitutes a potential threat to the waters and the environment of the state of Colorado and presents a potential menace to the public health, safety, and welfare of the people of the state of Colorado and that, to that end, it is the purpose of this part 2 to establish a program for the protection of the environment and of the public health and safety by preventing and mitigating the contamination of the subsurface soil, groundwater, and surface water which may result from leaking underground storage tanks.
Source: L. 95: Entire article added, p. 400, � 1, effective July 1.
Editor's note: This section is similar to former � 8-20-501 as it existed prior to
1995.
8-20.5-202. Duties of director of division of oil and public safety - rules. (1)
The director of the division of oil and public safety shall promulgate and enforce rules that are no more stringent than the requirements contained in 42 U.S.C. sec. 6991 et seq., and the regulations promulgated thereunder, except as allowed by federal law, including the federal Energy Policy Act of 2005, Pub.L. 109-58, as amended, for:
(a) Notification requirements for owners and operators of underground
storage tanks;
(b) Design, performance, construction, and installation standards for new
underground storage tanks;
(c) Design, performance, construction, and installation standards for the
upgrading of existing underground storage tanks;
(d) General operating requirements;
(e) Release detection;
(f) Release reporting, investigation, and confirmation; and
(g) (Deleted by amendment, L. 2007, p. 980, � 2, effective July 1, 2007.)
(h) Financial responsibility for underground storage tank systems containing
regulated substances.
(1.5) The director of the division of oil and public safety shall promulgate and
enforce rules for out-of-service underground storage tank systems and closure of such tanks.
(1.7) Within one hundred twenty days after January 1, 2008, the director of
the division of oil and public safety shall promulgate, and the division shall enforce, rules concerning the placement of underground storage tanks that contain renewable fuels. Such rules shall be promulgated with the purpose of developing a uniform statewide standard of issuing permits for underground storage tanks to promote the use of renewable fuels so that the process of obtaining a permit for an underground storage tank that contains renewable fuels may be more efficient and affordable.
(2) The director of the division of oil and public safety shall ensure that:
(a) All releases from underground storage tank systems are promptly
assessed and that further releases are stopped;
(b) Actions are taken to identify, contain, and mitigate any immediate fire
and safety hazards that are posed by a release;
(c) All releases from underground storage tank systems are investigated to
determine if there are impacts of reportable quantities on subsurface soil, groundwater, and any nearby surface water;
(d) All releases above reportable quantities are reported to the director of
the division of oil and public safety.
(3) The director of the division of oil and public safety shall, if necessary,
negotiate and enter into memoranda of agreement with and apply for and receive grants from the United States environmental protection agency pursuant to the provisions of this article.
(4) The director of the division of oil and public safety shall establish criteria
pursuant to subsection (1) of this section for delegation of authority to local agencies.
(5) Repealed.
Source: L. 95: Entire article added, p. 401, � 1, effective July 1. L. 97: (5)
repealed, p. 1474, � 8, effective June 3. L. 2001: IP(1), IP(2), (2)(d), (3), and (4) amended, p. 1128, � 48, effective June 5. L. 2007: IP(1) amended, p. 387, � 5, effective April 3; (1.7) added, p. 1760, � 5, effective June 1; IP(1) and (1)(g) amended and (1.5) added, p. 980, � 2, effective July 1.
Editor's note: (1) This section is similar to former � 8-20-503 as it existed
prior to 1995.
(2) Amendments to the introductory portion to subsection (1) by Senate Bill
07-031 and Senate Bill 07-247 were harmonized.
8-20.5-203. Performance of duties by owner or operator. Duties imposed
by this part 2 on the owner or the operator may be performed by either the owner or the operator. If neither the owner nor the operator performs the duties imposed by this part 2, both shall be considered in violation of this part 2.
Source: L. 95: Entire article added, p. 402, � 1, effective July 1.
Editor's note: This section is similar to former � 8-20-504 as it existed prior
to 1995.
8-20.5-204. Installation and upgrading of underground storage tanks. (1)
Plans for any installation of a new underground storage tank and plans for the complete upgrading of an existing underground storage tank shall be submitted by the owner or operator of the proposed or existing underground storage tank to the director of the division of oil and public safety for approval prior to such installation or upgrading.
(2) Plans for the installation of a new underground storage tank or for the
complete upgrading of an existing underground storage tank shall be in compliance with the rules promulgated pursuant to section 8-20.5-202 (1). The director of the division of oil and public safety or a designee shall approve or reject proposed plans and amendments thereto within twenty working days after submittal of the plan. If no action is taken by the director of the division of oil and public safety or a designee withi
C.R.S. § 8-3-104
8-3-104. Definitions. As used in this article 3, unless the context otherwise requires:
(1) (a) Agricultural employer means a person that:
(I) Regularly engages the services of one or more employees or contracts
with any person who recruits, solicits, hires, employs, furnishes, or transports employees; and
(II) Is engaged in any service or activity included in section 203 (f) of the
federal Fair Labor Standards Act of 1938, 29 U.S.C. sec. 201 et seq., as amended, or engaged in agricultural labor as defined in section 3121 (g) of the federal Internal Revenue Code of 1986, as amended.
(b) The meaning of agricultural employer must be liberally construed for
the protection of persons providing services to an employer.
(1.5) All-union agreement means a contractual provision between an
employer or group of employers and a collective bargaining unit representing some or all of the employees of the employer or group of employers providing for any type of union security and compelling an employee's financial support or allegiance to a labor organization. All-union agreement includes, but is not limited to, a contractual provision for a union shop, a modified union shop, an agency shop (meaning a contractual provision that provides for periodic payment of a sum in lieu of union dues but does not require union membership), a modified agency shop, a prehire agreement, maintenance of dues, or maintenance of membership.
(2) Authority means the state of Colorado; any board, commission, agency,
or instrumentality thereof; or any district, municipality, city and county, county, or combination thereof, which acquires or operates a mass transportation system.
(3) Collective bargaining means negotiation by an employer and the
representative of a majority of his employees who are in a collective bargaining unit or their representatives concerning representation or terms and conditions of employment of such employees in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.
(4) Collective bargaining unit means an organization selected by secret
ballot, as provided in section 8-3-107, by a majority vote of the employees of one employer employed within the state who vote at an election for the selection of such unit; except that, where a majority of such employees engaged in a single craft, division, department, or plant have voted by secret ballot that the employees of such single craft, division, department, or plant shall constitute their collective bargaining unit, it shall be so considered. Two or more collective bargaining units may bargain collectively through the same representative or where a majority of the employees in each separate unit have voted to do so by secret ballot, as provided in section 8-3-107.
(5) and (6) Repealed.
(7) Company union means an organization of employees, the members of
which are the employees of only one employer.
(8) Director means the director of the division of labor standards and
statistics.
(9) Division means the division of labor standards and statistics in the
department of labor and employment.
(10) Election means a proceeding in which the employees authorized by
this article cast a secret ballot to select a collective bargaining unit or for any other purpose specified in this article, including elections conducted by the division of labor standards and statistics or by any tribunal having competent jurisdiction or whose jurisdiction has been accepted by the parties.
(11) (a) Employee includes any person:
(I) Working for another for hire in the state of Colorado in a nonexecutive or
nonsupervisory capacity, and is not limited to the employees of a particular employer and includes any individual whose work has ceased solely as a consequence of or in connection with any current labor dispute or because of any unfair labor practice on the part of an employer; and
(II) (A) Who has not refused or failed to return to work upon the final
disposition of a labor dispute or a charge of an unfair labor practice by a tribunal having competent jurisdiction of the same or whose jurisdiction was accepted by the employee or the employee's representative;
(B) Who has not been found to have committed or to have been a party to any
unfair labor practice under this article 3;
(C) Who has not obtained regular and substantially equivalent employment
elsewhere; or
(D) Who has not been absent from the person's employment for a substantial
period of time during which reasonable expectancy of settlement has ceased, except by an employer's unlawful refusal to bargain, and whose place has been filled by another engaged in the regular manner for an indefinite or protracted period and not merely for the duration of a strike or lockout.
(b) Employee does not include:
(I) An independent contractor;
(II) Domestic servants employed in and about private homes;
(III) An individual employed by the individual's parent or spouse;
(IV) An employee who is subject to the federal Railway Labor Act, 45 U.S.C.
sec. 151 et seq., as amended; or
(V) A parent, spouse, or child of an agricultural employer's immediate family.
(12) (a) (I) Employer means a person who regularly engages the services of
eight or more employees, other than persons within the classes expressly exempted under the terms of subsection (11) of this section.
(II) Employer includes:
(A) Any person acting on behalf of an employer within the scope of the
employer's authority, express or implied; and
(B) An agricultural employer.
(b) Employer does not include the state or any political subdivision thereof,
except where the state or any political subdivision thereof acquires or operates a mass transportation system or any carrier by railroad, express company, or sleeping car company subject to the federal Railway Labor Act, 45 U.S.C. sec. 151 et seq., as amended, or any labor organization or anyone acting in behalf of such organization other than when the employer is acting as an employer-in-fact.
(13) (a) Labor dispute means any controversy between an employer and
such of his employees as are organized in a collective bargaining unit concerning the rights or process or details of collective bargaining. The entering into of a contract for an all-union agreement or the refusal of an employer to enter into an all-union agreement shall not constitute a labor dispute. It shall not be a labor dispute where the disputants do not stand in the proximate relation of employer and employee. No jurisdictional dispute or controversy between two or more unions as to which of them has or shall have jurisdiction over certain kinds of work; or as to which of two or more bargaining units constitutes the collective bargaining unit as to which the employer stands impartial or ready to negotiate or bargain with whichever is legally determined to be such bargaining unit, shall constitute a labor dispute.
(b) The general right of an employer to select his own employees is
recognized and shall be fully protected. It shall not constitute a labor dispute if an employer discharges or refuses to employ an employee on account of incompetence, neglect of work, unsatisfactory service, or dishonesty; but the discharge of an employee or the refusal to employ an employee shall constitute a labor dispute only when such discharge or refusal to employ is founded upon membership in a union or labor organization or activity therein or when such discharge or failure to employ is in violation of a contract.
(c) No controversy between an employer and his employee shall constitute a
labor dispute until after a bargaining unit in accordance with this article is created and a dispute arises between the bargaining unit and the employer.
(d) No labor dispute shall arise from the refusal of an employer to join a
union or to cease work in his own business.
(14) Local union means an organization of employees employed in this
state, the membership of which includes employees of one or more employers, whether or not they are affiliated with an organization of employees employed in one or more other states.
(15) Mass transportation system means any system which transports the
general public by bus, rail, or any other means of conveyance moving along prescribed routes, except any railroad subject to the federal Railway Labor Act, 45 U.S.C. sec. 151 et seq.
(16) Person includes one or more individuals, partnerships, associations,
corporations, legal representatives, trustees, or receivers.
(17) Representative includes any person who is the duly authorized agent
of a collective bargaining unit.
(18) Secondary boycott includes causing or threatening to cause, and
combining or conspiring to cause or threaten to cause, injury to one not a party to the particular labor dispute, to aid which such boycott is initiated or continued, whether by:
(a) Withholding patronage, labor, or other beneficial business intercourse;
(b) Picketing;
(c) Refusing to handle, install, use, or work on particular materials,
equipment, or supplies; or
(d) Any other unlawful means in order to bring him against his will into a
concerted plan to coerce or inflict damage upon another or to compel the party with whom the labor dispute exists to comply with any particular demands.
Source: L. 43: p. 394, � 2. CSA: C. 97, � 94(2). CRS 53: � 80-5-2. C.R.S. 1963:
� 80-4-2. L. 65: p. 810, � 1. L. 69: pp. 594, 731, �� 72, 2. L. 77: (1) R&RE, p. 419, � 1, effective June 29. L. 86: (5) and (6) repealed, p. 502, � 125, effective July 1. L. 96: (11)(f) added, p. 293, � 1, effective April 12. L. 2016: (8), (9), and (10) amended, (HB 16-1323), ch. 131, p. 377, � 9, effective August 10. L. 2021: IP, (1), (11), and (12) amended and (1.5) added, (SB 21-087), ch. 337, p. 2174, � 2, effective June 25.
C.R.S. § 8-4-101
8-4-101. Definitions. As used in this article 4, unless the context otherwise requires:
(1) Citation means a written determination by the division that a wage
payment requirement has been violated.
(2) Credit means an arrangement or understanding with the bank or other
drawee for the payment of an order, check, draft, note, memorandum, or other acknowledgment of indebtedness.
(3) Director means the director of the division of labor standards and
statistics or his or her designee.
(4) Division means the division of labor standards and statistics in the
department of labor and employment.
(5) Employee means any person, including a migratory laborer, performing
labor or services for the benefit of an employer. For the purpose of this article 4, relevant factors in determining whether a person is an employee include the degree of control the employer may or does exercise over the person and the degree to which the person performs work that is the primary work of the employer; except that an individual primarily free from control and direction in the performance of the service, both under his or her contract for the performance of service and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the service performed is not an employee.
(6) Employer has the same meaning as set forth in the federal Fair Labor
Standards Act of 1938, 29 U.S.C. sec. 203 (d), and includes a foreign labor contractor, a migratory field labor contractor or crew leader, and each individual who owns or controls at least twenty-five percent of the ownership interests in an employer; except that this article 4 does not apply to a minority owner of an employer that demonstrates full delegation of its authority to control day-to-day operations of the employer; the state or its agencies or entities; counties; cities and counties; municipal corporations; quasi-municipal corporations; school districts; and irrigation, reservoir, or drainage conservation companies or districts organized and existing under the laws of Colorado.
(7) Field labor contractor means anyone who contracts with an employer to
recruit, solicit, hire, or furnish migratory labor for agricultural purposes to do any one or more of the following activities in this state: Hoeing, thinning, topping, sacking, hauling, harvesting, cleaning, cutting, sorting, and other direct manual labor affecting beets, onions, lettuce, potatoes, tomatoes, and other products, fruits, or crops in which labor is seasonal in this state. Such term shall not include a farmer or grower, packinghouse operator, ginner, or warehouseman or any full-time regular and year-round employee of the farmer or grower, packinghouse operator, ginner, or warehouseman who engages in such activities, nor shall it include any migratory laborer who engages in such activities with regard to such migratory laborer's own children, spouse, parents, siblings, or grandparents.
(8) Fine means any monetary amount assessed against an employer and
payable to the division.
(8.5) Foreign labor contractor means any person who recruits or solicits for
compensation a foreign worker who resides outside of the United States in furtherance of that worker's employment in Colorado; except that foreign labor contractor does not include any entity of the federal, state, or local government.
(9) Migratory laborer means any person from within or without the limits of
the state of Colorado who offers his or her services to a field labor contractor, whether from within or from without the limits of the state of Colorado, so that said field labor contractor may enter into a contract with any employer to furnish the services of said migratory laborers in seasonal employment.
(10) Notice of assessment means a written notice by the division, based on
a citation, that the employer must pay the amount of wages, penalties, or fines assessed.
(11) Notice of complaint means the letter sent by the division as described
in section 8-4-111 (2)(a).
(12) Penalty means any monetary amount assessed against an employer
and payable to an employee.
(13) Wage complaint means a complaint filed with the division from an
employee for unpaid wages alleging that an employer has violated section 15 of article XVIII of the Colorado constitution, this article, article 6 of this title, or any rule adopted by the director pursuant to this article or article 6 of this title.
(14) (a) Wages or compensation means:
(I) All amounts for labor or service performed by employees, whether the
amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculating the same or whether the labor or service is performed under contract, subcontract, partnership, subpartnership, station plan, or other agreement for the performance of labor or service if the labor or service to be paid for is performed personally by the person demanding payment. No amount is considered to be wages or compensation until such amount is earned, vested, and determinable, at which time such amount shall be payable to the employee pursuant to this article.
(II) Bonuses or commissions earned for labor or services performed in
accordance with the terms of any agreement between an employer and employee;
(III) Vacation pay earned in accordance with the terms of any agreement. If
an employer provides paid vacation for an employee, the employer shall pay upon separation from employment all vacation pay earned and determinable in accordance with the terms of any agreement between the employer and the employee.
(IV) Paid sick leave as provided in part 4 of article 13.3 of this title 8.
(b) Wages or compensation does not include severance pay.
(15) Written demand means any written demand for wages or
compensation from or on behalf of an employee, including a notice of complaint, mailed or delivered to the employer's correct address.
Source: L. 2003: Entire article amended with relocations, p. 1850, � 1,
effective August 6. L. 2014: Entire section amended, (SB 14-005), ch. 276, p. 1110, � 2, effective January 1, 2015. L. 2016: (3) and (4) amended, (HB 16-1323), ch. 131, p. 378, � 10, effective August 10. L. 2019: IP, (5), and (6) amended and (8.5) added, (HB 19-1267), ch. 182, p. 2058, � 2, effective January 1, 2020. L. 2020: (14)(a)(IV) added, (SB 20-205), ch. 294, p. 1457, � 2, effective July 14. L. 2025: (6) amended, (HB 25-1001), ch. 228, p. 1040, � 1, effective August 6.
Editor's note: Section 10(2) of chapter 228 (HB 25-1001), Session Laws of
Colorado 2025, provides that the act changing this section applies to conduct occurring on or after August 6, 2025.
Cross references: (1) For the short title (Wage Protection Act of 2014) in
SB 14-005, see section 1 of chapter 276, Session Laws of Colorado 2014.
(2) For the legislative declaration in HB 19-1267, see section 1 of chapter 182,
Session Laws of Colorado 2019.
C.R.S. § 8-4-103
8-4-103. Payment of wages - insufficient funds - pay statement - record retention - gratuity notification - penalties. (1) (a) All wages or compensation, other than those mentioned in section 8-4-109, earned by any employee in any employment, other than those specified in subsection (3) of this section, shall be due and payable for regular pay periods of no greater duration than one calendar month or thirty days, whichever is longer, and on regular paydays no later than ten days following the close of each pay period unless the employer and the employee shall mutually agree on any other alternative period of wage or salary payments.
(b) An employer is subject to the penalties specified in section 8-4-113 (1) if,
two or more times within any twenty-four-month period, the employer causes an employee's check, draft, or order to not be paid because the employer's bank does not honor an employee's paycheck upon presentment. The director may investigate complaints regarding alleged violations of this paragraph (b).
(2) (a) In agricultural, horticultural, and floricultural pursuits and in stock or
poultry raising, when the employee in such employments is boarded and lodged by the employer, all wages or compensation earned by any employee in such employment shall be due and payable for regular periods of no greater duration than one month and on paydays no later than ten days following the close of each pay period.
(b) Nothing in paragraph (a) of this subsection (2), as amended by House Bill
05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a floricultural operation.
(3) Nothing in this article shall apply to compensation payments due an
employee under a profit-sharing plan, a pension plan, or other similar deferred compensation programs.
(4) Every employer shall at least monthly, or at the time of each payment of
wages or compensation, furnish to each employee an itemized pay statement in writing showing the following:
(a) Gross wages earned;
(b) All withholdings and deductions;
(c) Net wages earned;
(d) The inclusive dates of the pay period;
(e) The name of the employee or the employee's social security number; and
(f) The name and address of the employer.
(4.5) An employer shall retain records reflecting the information contained in
an employee's itemized pay statement as described in subsection (4) of this section for a period of at least three years after the wages or compensation were due. The records shall be available for inspection by the division, and the employer shall provide copies of the records upon request by the division or the employee. The director may impose a fine of up to two hundred fifty dollars per employee per month on an employer who violates this subsection (4.5) up to a maximum fine of seven thousand five hundred dollars.
(5) Each field labor contractor shall keep, for a period of three years on each
migratory laborer, records of wage rates offered, wages earned, number of hours worked, or, in the case of contractual or piecework where a field labor contractor pays the employee, the aggregate amount earned and all withholdings from wages on a form furnished by and in the manner prescribed by the division. In addition, in each pay period, each field labor contractor shall provide to each migratory laborer engaged in agricultural employment a statement of the gross earnings of the laborer for the period and all deductions and withholdings therefrom. The director may prescribe appropriate forms for use pursuant to this subsection (5). All such payroll records shall be filed with the division quarterly or at any time said labor contractor leaves this state or terminates his or her contract. The director is charged with the responsibility of making periodic reports to the governor's committee on migrant labor.
(6) It is unlawful for an employer engaged in a business where the custom
prevails of the giving of gratuities by patrons to an employee of the business to assert a claim to, or right of ownership in, or control over gratuities. These gratuities are the sole property of the employee unless the employer notifies each patron in writing, including by a notice on a menu, table tent, or receipt, that gratuities are shared by employees. Nothing in this section prevents an employer from requiring employees to share or allocate gratuities on a preestablished basis among the employees of the business.
Source: L. 2003: Entire article amended with relocations, p. 1853, � 1,
effective August 6. L. 2005: (2) amended, p. 347, � 1, effective August 8. L. 2009: (1) amended, (HB 09-1108), ch. 161, p. 696, � 1, effective August 5. L. 2014: (4.5) added, (SB 14-005), ch. 276, p. 1112, � 3, effective January 1, 2015. L. 2019: (6) amended, (HB 19-1254), ch. 168, p. 1969, � 2, effective August 2.
Editor's note: This section is similar to former �� 8-4-102 (3), 8-4-105, and 8-4-115, as they existed prior to 2003, and the former � 8-4-103 was relocated to � 8-4-104.
Cross references: (1) For the short title (Wage Protection Act of 2014) in
SB 14-005, see section 1 of chapter 276, Session Laws of Colorado 2014.
(2) For the legislative declaration in HB 19-1254, see section 1 of chapter 168,
Session Laws of Colorado 2019.
C.R.S. § 8-4-110
8-4-110. Disputes - fees. (1) (a) The court may award the employer reasonable costs and attorney fees incurred in a civil action brought under this article 4 if, within fourteen days after a written demand letter is sent to or a civil action is served on the employer for unpaid wages or compensation:
(I) The employer makes full legal tender of all amounts demanded in good
faith for all employees; and
(II) The court ultimately finds that the employees receiving such tender
pursued an action lacking substantial justification.
(b) If, in an administrative claim or civil action in which the employee seeks to
recover any amount of wages or compensation, the employee recovers a sum greater than the amount tendered by the employer:
(I) The court, in a civil action, may award the employee reasonable costs and
attorney fees incurred in the civil action; and
(II) The division, in an administrative claim, may award the employee
reasonable costs incurred in the administrative claim and may also award attorney fees to an employee who recovers more than five thousand dollars in unpaid wages in the administrative claim.
(c) If an employer fails or refuses to make a tender within fourteen days after
the demand or administrative claim or civil action, then such failure or refusal must be treated as a tender of no money for any purpose under this article 4.
(1.5) This section shall not apply to a claimant who is found to be an
independent contractor and not an employee.
(2) In addition to other relief available to employees under this title 8, a
person claiming to be aggrieved by a violation of this article 4 or any other law or rule related to wages or hours may file suit in any court having jurisdiction over the parties to pursue all available equitable relief, including equitable relief to deter future violations and prevent unjust enrichment, without regard to exhaustion of any administrative remedies.
Source: L. 2003: Entire article amended with relocations, p. 1858, � 1,
effective August 6. L. 2007: (1) amended and (1.5) added, p. 1678, � 3, effective May 31. L. 2022: (1) amended, (SB 22-161), ch. 370, p. 2630, � 8, effective January 1, 2023. L. 2025: IP(1)(a), (1)(a)(II), and (2) amended, (HB 25-1001), ch. 228, p. 1041, � 4, effective August 6.
Editor's note: (1) Subsection (2) is similar to former � 8-4-123 as it existed
prior to 2003.
(2) Section 10(2) of chapter 228 (HB 25-1001), Session Laws of Colorado
2025, provides that the act changing this section applies to conduct occurring on or after August 6, 2025.
Cross references: For the legislative declaration contained in the 2007 act
amending subsection (1) and enacting subsection (1.5), see section 1 of chapter 381, Session Laws of Colorado 2007.
C.R.S. § 8-4-111
8-4-111. Enforcement - duty of director - duties of district or city attorneys - local government authority to enact and enforce laws - rules. (1) (a) (I) It is the duty of the director to:
(A) Inquire diligently for any violation of this article 4;
(B) Institute the actions for penalties or fines provided for in this article 4 in
such cases as the director deems proper; and
(C) Enforce generally the provisions of this article 4.
(II) The director may establish an administrative procedure to receive
complaints and adjudicate claims for nonpayment of wages or compensation of:
(A) Seven thousand five hundred dollars or less for claims filed through June
30, 2026;
(B) Thirteen thousand dollars or less for claims filed from July 1, 2026,
through December 31, 2027; and
(C) An amount that the director specifies in rule by January 1, 2028, and by
rule for every other year thereafter. Such amount must be equal to the amount in the previous calendar year increased by one thousand dollars or a higher amount if such higher amount is necessary to adjust for inflation. Inflation is measured by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.
(III) The procedures established pursuant to subsection (1)(a)(II) of this
section may include claims of employees where no interruption of the employer-employee relationship has occurred.
(IV) The penalties and fines established by section 8-4-109 (3) apply to
actions instituted by the director or adjudicated after a complaint was received under this article 4 when no interruption of the employer-employee relationship has occurred.
(a.5) In carrying out the duties specified in subsection (1)(a)(I) of this section,
the director:
(I) Shall publish on the division's website, for any violation that is a matter of
public record pursuant to section 8-1-115 (1)(b), the citation, determination, or written opinion; whether the violation was willful; and the names of all employers in violation;
(II) Shall report an employer with a willful violation unremedied within sixty
days after the division's finding to any government body with authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential. The division may post a decision against an employer by a government body on the division's website.
(III) May report an employer found to have violated a law related to wages
and hours to a government body with authority to deny, withdraw, or otherwise limit or impose remedial conditions on the employer's license, permit, registration, or other credential. The division may post a decision against an employer by a government body on the division's website.
(b) The director shall promulgate rules providing for notice to employees of
an employee's rights under this section and section 8-4-111.5, of the limitations on the amount of wages, compensation, and penalties available under the administrative remedy, and of the employee's option to bring a claim for wages and compensation in court without pursuing the administrative remedy unless the employee has accepted payment pursuant to subsection (2)(e) of this section.
(c) For purposes of investigating wage complaints and facilitating the
collection of unpaid wages before or after a determination pursuant to this section, the division may apply the information-gathering provisions of article 1 of this title 8 to any employer, employee, or other person or entity.
(2) (a) (I) The division shall investigate a wage complaint if one or more
employees file the wage complaint with the division claiming unpaid wages or compensation, exclusive of penalties and fines, of seven thousand five hundred dollars or less per employee for claims filed through June 30, 2026; thirteen thousand dollars or less for claims filed from July 1, 2026, through December 31, 2027; and an amount that the director specifies in rule by January 1, 2028, and by rule for every other year thereafter. Such amount must be equal to the amount in the previous calendar year increased by one thousand dollars or a higher amount if such higher amount is necessary to adjust for inflation. Inflation is measured by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers. The division may investigate a wage complaint made on behalf of a group of similarly situated employees. If the division declines to investigate a group complaint, similarly situated employees may consent in writing to participate as parties to that complaint, and the division may pursue a direct investigation informed by and concurrent with that complaint. The division shall initiate the administrative procedure by sending a notice of complaint to the employer by mail or electronic means in accordance with rules as the director may promulgate when the complaint states a claim for relief. The notice of the complaint must include:
(A) The name of the complainant;
(B) The nature of the complaint; and
(C) The amount for which the employer may be liable, including any potential
fines or penalties.
(II) An employer must respond within fourteen days after the complaint is
sent.
(III) Repealed.
(b) If the division does not find a violation based on the wage complaint and
any response, including the failure by the employee to pursue the wage complaint, the division shall issue a notice of the dismissal of the complaint and send the notice to all interested parties. The notice must set forth the employee's right to any other relief available under this section or section 8-4-111.5.
(c) (I) If the division determines that an employer has violated this article 4
for nonpayment of wages or compensation, the division shall issue a citation and notice of assessment for the amount determined that is owed, which amount must include all wages and compensation owed, penalties pursuant to section 8-4-109, and any fines pursuant to section 8-4-113.
(II) The division shall notify the worker and employee protection unit in the
department of law created in section 24-31-1302, at least once every six months, of any determinations pursuant to this subsection (2)(c) that were based, in whole or in part, on a finding that the employer misclassified one or more employees as independent contractors.
(d) To encourage compliance by the employer, if the employer pays the
employee all wages and compensation owed within fourteen days after the citation and notice of assessment is sent to the employer, the division may waive or reduce any fines imposed pursuant to section 8-4-113 (1) and reduce by up to fifty percent penalties imposed pursuant to section 8-4-109.
(e) Upon payment by an employer, and acceptance by an employee, of all
wages, compensation, and penalties assessed by the division in a citation and notice of assessment issued to the employer, the payment shall constitute a full and complete satisfaction by the employer and bar the employee from initiating or pursuing any civil action or other administrative proceeding based on the wage complaint addressed by the citation and notice of assessment.
(f) If an employer fails to pay an employee the amount the division
determines, pursuant to subsection (2)(c) of this section, or a hearing officer determines, pursuant to section 8-4-111.5, to be owed within sixty days after the division's determination or the hearing officer's decision, whichever is applicable, the following may be recovered from the employer:
(I) Attorney fees incurred in pursuing a civil action to enforce the division's
determination or the hearing officer's decision;
(II) An additional fine equal to fifty percent of the amount determined
pursuant to subsection (2)(c) of this section; and
(III) A penalty equal to the greater of fifty percent of the amount determined
pursuant to subsection (2)(c) of this section or three thousand dollars.
(3) An employee who has filed a wage complaint with the division pursuant
to subsection (2) of this section may elect to terminate the division's administrative procedure within thirty-five days after the issuance of the determination of compliance or citation and notice of assessment by providing a notice to the division. An employee who terminates the division's administrative procedure preserves any private right of action the employee may have. Upon receipt of the notice, the division shall immediately discontinue its action against the employer and revoke any citation and notice of assessment sent.
(4) Except for an appeal pursuant to section 8-4-111.5 (5) or as stated in a
citation, notice of assessment, or order filed with the court pursuant to section 8-4-113 (2), any determination made by the division pursuant to this article, or any offer of payment by the employer of the wages made during or in conjunction with a proceeding of the division, is not admissible in any court action.
(5) The division's notice to the employer of a complaint filed pursuant to
subsection (2) of this section satisfies the requirement of a written demand as described in section 8-4-109 (3)(a).
(6) Nothing in this section shall be construed to limit the right of the division
to pursue any action available with respect to an employee that is identified as a result of a wage complaint or with respect to an employer in the absence of a wage complaint.
(7) Nothing in this section shall be construed to limit the right of the
employee to pursue any civil action or administrative proceeding for any claims other than those considered by the division in the employee's wage complaint. The claims considered by the division in the employee's wage complaint are subject to the limitations set forth in paragraph (e) of subsection (2) of this section and subsection (3) of this section.
(8) Nothing in this article 4 limits:
(a) The authority of the district attorney of any county or city and county, or a
person delegated authority by a county or city and county to prosecute criminal offenses or enforce laws or ordinances related to the payments of wages, to:
(I) Prosecute actions for violations of this article 4 that may come to the
district attorney's or the delegated person's knowledge; or
(II) Enforce this article 4 independently and without specific direction of the
director; or
(b) The right of any wage claimant to sue directly or through an assignee for
any wages or penalty or other relief available pursuant to this article 4.
(9) A city, county, or city and county may enact and enforce laws related to
the payment of wages for work performed within its jurisdiction if the laws do not diminish the protections or benefits to employees provided in this article 4.
Source: L. 2003: Entire article amended with relocations, p. 1858, � 1,
effective August 6. L. 2014: Entire section amended, (SB 14-005), ch. 276, p. 1114, � 5, effective May 29. L. 2022: (1), IP(2)(a)(I), and (2)(c) amended and (2)(f) added, (SB 22-161), ch. 370, p. 2631, � 9, effective January 1, 2023. L. 2025: (1)(a)(II), IP(2)(a)(I), and (8) amended, (1)(a.5) and (9) added, and (2)(a)(III) repealed, (HB 25-1001), ch. 228, p. 1041, � 5, effective August 6.
Editor's note: (1) Subsection (2) is similar to former � 8-4-112 as it existed
prior to 2003.
(2) Section 10(2) of chapter 228 (HB 25-1001), Session Laws of Colorado
2025, provides that the act changing this section applies to conduct occurring on or after August 6, 2025.
Cross references: For the short title (Wage Protection Act of 2014) in SB
14-005, see section 1 of chapter 276, Session Laws of Colorado 2014.
C.R.S. § 8-4-115
8-4-115. Certificate of registration required. No person shall engage in activities as a field labor contractor unless the person first obtains a certificate of registration from the division and unless such certificate is in full force and effect and in such person's immediate possession.
Source: L. 2003: Entire article amended with relocations, p. 1860, � 1,
effective August 6.
Editor's note: This section is similar to former � 8-4-118 as it existed prior to
2003, and the former � 8-4-115 was relocated to � 8-4-103 (6).
C.R.S. § 8-4-116
8-4-116. Issuance of certificate of registration. (1) The director, after appropriate investigation, shall issue a certificate of registration to any person who:
(a) Has executed and filed with the director a written application subscribed
and sworn to by the applicant containing such information concerning his or her conduct and method of operation as a field labor contractor as the director may require in order to effectively carry out the provisions of this article;
(b) Has consented to designation of the director as the agent available to
accept service of process for any action against such field labor contractor at any and all times when such field labor contractor has departed from the jurisdiction of this state or has become unavailable to accept service;
(c) Has demonstrated evidence to the director that he or she has satisfied
the insurance requirements of articles 40 to 47 of this title.
(2) Upon notice and hearing in accordance with rules prescribed by the
director, the director may refuse to issue and may suspend, revoke, or refuse to renew a certificate of registration of any field labor contractor if the director finds that such field labor contractor:
(a) Knowingly has made any misrepresentation or false statement in his or
her application for a certificate of registration or any renewal thereof;
(b) Knowingly has given false or misleading information to any migratory
laborer concerning the terms, conditions, or existence of agricultural employment;
(c) Has failed, without justification, to perform agreements entered into or to
comply with arrangements made with farm operators;
(d) Has failed, without justification, to comply with the terms of any working
arrangements he or she has made with migratory laborers;
(e) Has permitted his or her insurance maintained pursuant to the
requirements of paragraph (c) of subsection (1) of this section to terminate, lapse, or otherwise become inoperative;
(f) Is not in fact the real party in interest in any such application or certificate
of registration and that the real party in interest is a person, firm, partnership, association, or corporation which previously has been denied a certificate of registration; has had a certificate of registration suspended or revoked; or which does not presently qualify for a certificate of registration.
Source: L. 2003: Entire article amended with relocations, p. 1860, � 1,
effective August 6.
Editor's note: (1) This section is similar to former � 8-4-119 as it existed prior
to 2003, and the former � 8-4-116 was relocated to � 8-4-114 (1).
(2) Articles 40 to 47 of this title 8, referenced in subsection (1)(c), are the
provisions of the Workers' Compensation Act of Colorado.
C.R.S. § 8-4-117
8-4-117. Additional obligations. (1) Every field labor contractor shall:
(a) Carry a certificate of registration at all times while engaging in activities
as a field labor contractor and exhibit the same to all persons with whom he or she intends to deal in the capacity of a field labor contractor;
(b) Ascertain and disclose in writing to each migratory laborer, in a language
in which the migratory laborer is fluent at the time the migratory laborer is recruited, the following information:
(I) The area of employment;
(II) The crops and operations on which the migratory laborer may be
employed;
(III) Transportation, housing, and insurance to be provided to the migratory
laborer;
(IV) The wage rate to be paid;
(V) The charges by the field labor contractor for his or her services; and
(VI) The existence of any strikes at the place of contracted employment;
(c) Promptly pay or deliver, when due to the migratory laborer entitled
thereto, all moneys or other things of value entrusted to the field labor contractor by or on behalf of such migratory laborer.
Source: L. 2003: Entire article amended with relocations, p. 1861, � 1,
effective August 6.
Editor's note: This section is similar to former � 8-4-120 as it existed prior to
2003, and the former � 8-4-117 was relocated to � 8-4-114 (2).
C.R.S. § 8-4-118
8-4-118. Authority to obtain information. The director or the director's designated representative may investigate and gather data pertinent to matters that may aid in carrying out the provisions of this article. In any case where a complaint has been filed with the director or the director's designated representative regarding a violation of this article, or where the director has reasonable grounds to believe that a field labor contractor has violated provisions of this article, the director or the director's designated representative may investigate and issue subpoenas as provided by section 8-4-112 requiring the attendance and testimony of any witness or the production of any evidence in connection with such investigation.
Source: L. 2003: Entire article amended with relocations, p. 1861, � 1,
effective August 6.
Editor's note: This section is similar to former � 8-4-121 as it existed prior to
2003, and the former � 8-4-118 was relocated to � 8-4-115.
C.R.S. § 8-4-119
8-4-119. Penalty provisions. (1) Any field labor contractor who commits a violation of any provision of this article or implementing regulation shall be subject to a civil penalty of not more than two hundred fifty dollars for each violation. The penalty shall be assessed by the director pursuant to a published schedule of penalties and after written notice and after an opportunity for hearing under procedures established by the director. This provision as to civil penalties shall not exclude the possibility of criminal penalties as set forth in this article.
(2) The director, in the director's discretion, may grant a reasonable period of
time, but in no event longer than ten days after the day of notification, for correction of the violation. In the event the violation is corrected within that period, no penalty shall be imposed.
Source: L. 2003: Entire article amended with relocations, p. 1861, � 1,
effective August 6.
Editor's note: This section is similar to former � 8-4-122 as it existed prior to
2003, and the former � 8-4-119 was relocated to � 8-4-116.
C.R.S. § 8-4-125
8-4-125. Supplemental health-care staffing agencies - annual certification - contract restrictions - penalty - civil action - reporting - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Department means the department of labor and employment.
(b) Health-care facility means a facility licensed by the department of
public health and environment pursuant to section 25-1.5-103 (1)(a).
(c) Health-care worker means a person employed by a supplemental
health-care staffing agency for temporary placement in a health-care facility.
(d) Health-care worker platform or platform means any person, firm,
corporation, partnership, or association that maintains a system or technology that provides a media or internet platform for a health-care worker to be listed and identified as available for hire by health-care facilities seeking health-care workers. Under a platform, the health-care facility sets the hourly rates and other terms of hire and the health-care worker, as an independent contractor and not as an employee or agent of the entity that maintains the platform, decides whether to agree to the hourly rates and other terms of hire.
(e) (I) Supplemental health-care staffing agency or staffing agency
means an individual or type of organization, including any partnership, limited liability partnership, limited liability company, limited liability limited partnership, association, trust, joint stock company, insurance company, or corporation, whether domestic or foreign, engaged in the business of providing health-care workers who are employees of the staffing agency, and, for a fee, assigning them to temporary placements in health-care facilities.
(II) Supplemental health-care staffing agency does not include:
(A) An individual acting as an independent contractor who is only engaged in
providing the individual's services on a temporary basis to health-care facilities; or
(B) A health-care worker platform.
(2) (a) It is unlawful for any person to operate a supplemental health-care
staffing agency in this state without completing the staffing agency's initial certification and required annual certification with the department pursuant to section 8-70-114.
(b) Any person who violates this section commits a civil infraction and may
be subject to fines determined by the department.
(c) On or before September 1, 2022, and September 1 each year thereafter,
the department of public health and environment and the department of health care policy and financing shall provide the department with a list of all known names and contact information for supplemental health-care staffing agencies operating in the state.
(2.5) (a) In any contract or agreement between a supplemental health-care
staffing agency and a health-care worker or health-care facility concerning the placement of a health-care worker who is a nursing professional licensed or certified pursuant to article 255 of title 12, except for liquidated damages, employment fees, or other compensation attributable to and chargeable for a thirty-calendar-day period commencing when the health-care worker is first placed at a health-care facility, it is unlawful for the supplemental health-care staffing agency to require the payment of liquidated damages, employment fees, or other compensation to the supplemental health-care staffing agency if the health-care facility hires the health-care worker as a permanent employee either prior to or after the termination of the contract or agreement with the supplemental health-care staffing agency.
(b) If a supplemental health-care staffing agency collects or attempts to
collect liquidated damages, employment fees, or other compensation from a health-care worker or health-care facility in violation of subsection (2.5)(a) of this section, the health-care worker or health-care facility may bring an action in a court of competent jurisdiction for damages, a civil penalty not to exceed five thousand dollars per violation, and injunctive relief. The prevailing party to an action brought pursuant to this subsection (2.5)(b) is entitled to reasonable attorney fees.
(3) (a) No later than October 1, 2022, each supplemental health-care staffing
agency shall maintain detailed data described in subsection (3)(b) of this section. By the deadlines established in this subsection (3)(a), each staffing agency shall provide reports to the department that contain the information and certifications set forth in subsection (3)(b) of this section. Beginning April 30, 2023, and continuing each April 30 thereafter, a staffing agency operating in the state shall provide a report covering the period between October 1 of the previous year and March 31 of the current year. For the reporting period between April 1 and September 30 of the current year, the staffing agency shall file a report annually, beginning October 31, 2023, and continuing each October 31 thereafter.
(b) At a minimum, a staffing agency's biannual reports required pursuant to
subsection (3)(a) of this section must include:
(I) The name of each direct and indirect owner of the staffing agency;
(II) If the staffing agency's direct owner is a corporation, copies of the
articles of incorporation and current bylaws;
(III) A detailed listing of the average amount charged during each quarter of
the reporting period to a health-care facility for each category of health-care worker providing services to the health-care facility;
(IV) A detailed listing of the average amount paid during each quarter of the
reporting period to health-care workers for their services for each category of health-care worker providing services;
(V) The staffing agency's certification that each health-care worker
contracted to a health-care facility during the reporting period had a current, unrestricted license or certification in good standing and met the training and continuing education standards for the position with the health-care facility throughout the entirety of the reporting period;
(VI) The staffing agency's certification that each health-care worker
contracted to a health-care facility had successfully completed all background checks required by federal and state law, rule, and regulation relating to the health-care position and health-care facility in which the health-care worker was placed during the reporting period; and
(VII) The staffing agency's certification that the staffing agency maintained
professional liability insurance throughout the entirety of the reporting period for each health-care worker contracted to a health-care facility during the reporting period.
(c) The department shall establish the manner and form of reporting
pursuant to this subsection (3).
(4) (a) (I) The department shall impose a fine in the amount of five hundred
dollars for a report required pursuant to subsection (3) of this section that:
(A) Is not submitted within thirty days after the reporting deadline; or
(B) The department deems noncompliant with the requirements of
subsection (3) of this section.
(II) The department may waive the fine if the staffing agency is able to show
good cause for the delay in submitting the report or for submitting a noncompliant report.
(b) The department shall send notice to each staffing agency that:
(I) Has not submitted the required biannual report on or before the deadline;
or
(II) Has not submitted a compliant report.
(c) If the staffing agency does not submit a compliant report within thirty
days after the date of the department's notice of noncompliance, the department shall impose a fine of ten thousand dollars, and for a failure in any subsequent reporting period to timely submit a compliant report within thirty days after the department's notice of noncompliance, a fine of twenty thousand dollars. The department may waive or reduce the staffing agency's fine if the staffing agency is able to show good cause for delaying the submission of the report.
(d) The department shall transmit any penalties imposed and collected
pursuant to this subsection (4) to the state treasurer, who shall credit the money to the wage theft enforcement fund created in section 8-4-113 (3).
(5) The department shall provide copies of the biannual reports required
pursuant to subsection (3) of this section to the department of public health and environment and to the department of health care policy and financing for purposes of analyzing the information provided by the supplemental health-care staffing agencies and determining the need for regulation of staffing agencies.
Source: L. 2022: Entire section added, (SB 22-210), ch. 371, p. 2642, � 1,
effective August 10. L. 2023: (2.5) added, (HB 23-1030), ch. 143, p. 613, � 1, effective May 1.
C.R.S. § 8-40-201
8-40-201. Definitions. As used in articles 40 to 47 of this title 8, unless the context otherwise requires:
(1) Accident means an unforeseen event occurring without the will or
design of the person whose mere act causes it; an unexpected, unusual, or undesigned occurrence; or the effect of an unknown cause or, the cause, being known, an unprecedented consequence of it.
(2) Accident, injury, or injuries includes disability or death resulting
from accident or occupational disease as defined in subsection (14) of this section.
(2.5) Repealed.
(3) Board means the board of directors of Pinnacol Assurance.
(3.4) Chief executive officer means the chief executive officer of Pinnacol
Assurance.
(3.5) Repealed.
(3.6) Claimant means a person who either:
(a) Receives benefits under articles 40 to 47 of this title; or
(b) Has or asserts, in any administrative or judicial forum or in any
communication with the director, the division, or an employer, insurer, or self-insured employer, a right to receive such benefits.
(4) Division means the division of workers' compensation in the department
of labor and employment.
(5) Director means the director of the division of workers' compensation.
(6) Employee has the meaning set forth in section 8-40-202 and the scope
of such term is set forth in section 8-40-301.
(7) Employer has the meaning set forth in section 8-40-203 and the scope
of such term is set forth in section 8-40-302.
(8) Employment means any trade, occupation, job, position, or process of
manufacture or any method of carrying on any trade, occupation, job, position, or process of manufacture in which any person may be engaged; except that it shall not include participation in a ridesharing arrangement, as defined in section 39-22-509 (1)(a)(II), C.R.S., and participation in such a ridesharing arrangement shall not affect the wages paid to or hours or conditions of employment of an employee; nor shall it include the employee's participation in a voluntary recreational activity or program, regardless of whether the employer promoted, sponsored, or supported the recreational activity or program.
(9) Examiner means one of the industrial claim appeals examiners
appointed to the industrial claim appeals panel in the industrial claim appeals office.
(10) Executive director means the executive director of the department of
labor and employment.
(11) (Deleted by amendment, L. 2002, p. 1882, � 27, effective July 1, 2002.)
(11.5) Maximum medical improvement means a point in time when any
medically determinable physical or mental impairment as a result of injury has become stable and when no further treatment is reasonably expected to improve the condition. The requirement for future medical maintenance which will not significantly improve the condition or the possibility of improvement or deterioration resulting from the passage of time shall not affect a finding of maximum medical improvement. The possibility of improvement or deterioration resulting from the passage of time alone shall not affect a finding of maximum medical improvement.
(12) Mediation means a process through which parties involved in a dispute
concerning matters arising under articles 40 to 47 of this title meet with a mediator to discuss such matter or matters, defining and articulating the issues and their positions on such issues, with a goal of resolving such dispute or disputes.
(13) Mediator means an individual who is trained to assist disputants in
reaching a mutually acceptable resolution of their disputes through the identification and evaluation of alternatives.
(13.5) Repealed.
(14) Occupational disease means a disease which results directly from the
employment or the conditions under which work was performed, which can be seen to have followed as a natural incident of the work and as a result of the exposure occasioned by the nature of the employment, and which can be fairly traced to the employment as a proximate cause and which does not come from a hazard to which the worker would have been equally exposed outside of the employment.
(15) Order means and includes any decision, finding and award, direction,
rule, regulation, or other determination arrived at by the director or an administrative law judge.
(15.5) (a) Overpayment means money received by a claimant that:
(I) Is the result of fraud;
(II) Is the result of an error due only to miscalculation, omission, or clerical
error asserted in a new admission of liability filed within thirty days of the erroneous admission of liability;
(III) Is paid in error or inadvertently in excess of an admission or order that
exists at the time that the benefits are paid to a claimant; or
(IV) Results in duplicate benefits because of offsets that reduce disability or
death benefits payable under articles 40 to 47 of this title 8. Duplicate benefits include any wages earned by a claimant in the same or other employment while a claimant is also receiving temporary disability benefits.
(b) For an overpayment to result, it is not necessary that the overpayment
exist at the time the claimant received disability or death benefits under articles 40 to 47 of this title 8.
(c) Nothing in this subsection (15.5):
(I) Prevents an insurance carrier or an employer from receiving a credit
against permanent disability benefits for temporary disability benefits paid beyond the initial date of maximum medical improvement assigned by an authorized treating physician or the final date of maximum medical improvement established by any other means, whichever is later and to the extent that permanent disability benefits remain unpaid at the time of the filing of a final admission of liability; or
(II) Affects the power of the director or administrative law judges to
determine overpayments and require repayment of overpayments pursuant to sections 8-42-113.5 and 8-43-207 (1)(q).
(16) Panel means the industrial claim appeals panel that conducts
administrative appellate review pursuant to articles 40 to 47 of this title.
(16.5) (a) Permanent total disability means the employee is unable to earn
any wages in the same or other employment. Except as provided in paragraph (b) of this subsection (16.5), the burden of proof shall be on the employee to prove that the employee is unable to earn any wages in the same or other employment.
(b) Total loss of or total loss of use of both hands, or both arms, or both feet,
or both legs, or both eyes, or any two thereof shall create a rebuttable presumption of permanent total disability. Total loss of use shall be a medical determination, based upon objective findings, made by an independent medical examiner who is a level II accredited physician in the appropriate field.
(17) Place of employment means every place whether indoors, outdoors, or
underground and the premises, workplaces, works, and plants appertaining thereto or used in connection therewith where either temporarily or permanently any industry, trade, or business is carried on; or where any process or operation directly or indirectly relating to any industry, trade, or business is carried on; or where any person is directly or indirectly employed by another for direct or indirect gain or profit.
(18) State includes any state or territory of the United States, the District
of Columbia, and any province of Canada.
(18.5) Temporary help contracting firm means any person who is in the
business of employing individuals and, for compensation from a third party, providing those individuals to perform work for the third party, under the supervision of the third party.
(19) (a) Wages shall be construed to mean the money rate at which the
services rendered are recompensed under the contract of hire in force at the time of the injury, either express or implied.
(b) The term wages includes the amount of the employee's cost of
continuing the employer's group health insurance plan and, upon termination of the continuation, the employee's cost of conversion to a similar or lesser insurance plan, and gratuities reported to the federal internal revenue service by or for the worker for purposes of filing federal income tax returns and the reasonable value of board, rent, housing, and lodging received from the employer, the reasonable value of which shall be fixed and determined from the facts by the division in each particular case, but does not include any similar advantage or fringe benefit not specifically enumerated in this subsection (19). If, after the injury, the employer continues to pay any advantage or fringe benefit specifically enumerated in this subsection (19), including the cost of health insurance coverage or the cost of the conversion of health insurance coverage, that advantage or benefit shall not be included in the determination of the employee's wages so long as the employer continues to make payment. Medicaid and other indigent health-care programs are not health insurance plans for the purposes of this section.
(c) No per diem payment shall be considered wages under this subsection
(19) unless it is also considered wages for federal income tax purposes.
Source: L. 90: Entire article R&RE, p. 469, � 1, effective July 1; (6) and (7)
amended, p. 1843, � 28, effective July 1. L. 91: (2.5), (3.5), (11.5), (13.5), and (16.5) added and (4), (5), (8), (12), (15), and (19) amended, p. 1292, � 4, effective July 1. L. 94: (19) amended, p. 1285, � 1, effective May 22; (16.5) amended, p. 2000, � 1, effective July 1. L. 95: (2.5) and (3.5) amended, p. 12, � 1, effective March 9. L. 96: (2.5) amended, p. 151, � 1, effective July 1; (18.5) added, p. 827, � 1, effective July 1. L. 97: (3.6) and (15.5) added, p. 112, � 1, effective July 1. L. 98: (13.5) amended, p. 168, � 1, effective April 6. L. 2002: (3) and (11) amended and (3.4) added, p. 1882, � 27, effective July 1. L. 2003: (2.5) and (13.5) amended, p. 917, � 1, effective July 1. L. 2004: (8) amended, p. 904, � 26, effective May 21. L. 2010: (19)(b) amended, (SB 10-187), ch. 310, p. 1456, � 1, effective July 1. L. 2021: IP and (15.5) amended, (HB 21-1207), ch. 149, p. 869, � 1, effective January 1, 2022.
Editor's note: (1) The provisions of this section are similar to provisions of
several former sections as they existed prior to 1990. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Subsection (3.5)(b)(I) provided for the repeal of subsection (3.5), effective
July 1, 1996. (See L. 95, p. 12.)
(3) Subsection (3.4) was originally numbered as (3.5) in House Bill 02-1135
but has been renumbered on revision for ease of location.
(4) Subsections (2.5)(b)(I) and (13.5)(b)(I) provided for the repeal of
subsections (2.5) and (13.5), respectively, effective July 1, 2014. (See L. 2003, p. 917.)
C.R.S. § 8-40-202
8-40-202. Employee. (1) Employee means:
(a) (I) (A) Every person in the service of the state, or of any county, city, town,
or irrigation, drainage, or school district or any other taxing district therein, or of any public institution or administrative board thereof under any appointment or contract of hire, express or implied; and every elective official of the state, or of any county, city, town, or irrigation, drainage, or school district or any other taxing district therein, or of any public institution or administrative board thereof; and every member of the military forces of the state of Colorado while engaged in active service on behalf of the state under orders from competent authority. Police officers and firefighters who are regularly employed shall be deemed employees within the meaning of this paragraph (a), as shall also sheriffs and deputy sheriffs, regularly employed, and all persons called to serve upon any posse in pursuance of the provisions of section 30-10-516, C.R.S., during the period of their service upon such posse, and all members of volunteer fire departments, including any person receiving a retirement pension under section 31-30-1122, C.R.S., who serves as an active volunteer firefighter of a fire department subsequent to retirement pursuant to section 31-30-1132, C.R.S., or any person ordered by the chief or a designee of the chief's at the scene of an emergency or during the period of an emergency to become a member of that department for the duration of an emergency, and to perform the duties of a firefighter, and only if the person who is so ordered reports any claim within ten days of the cessation of the emergency, volunteer rescue teams or groups, volunteer disaster teams, volunteer ambulance teams or groups, and volunteer search teams in any county, city, town, municipality, or legally organized fire protection district or ambulance district in the state of Colorado, and all members of the civil air patrol, Colorado wing, while said persons are actually performing duties as volunteer firefighters or as members of such volunteer rescue teams or groups, volunteer disaster teams, volunteer ambulance teams or groups, or volunteer search teams or as members of the civil air patrol, Colorado wing, and while engaged in organized drills, practice, or training necessary or proper for the performance of such duties. Members of volunteer police departments, volunteer police reserves, and volunteer police teams or groups in any county, city, town, or municipality, while actually performing duties as volunteer police officers, may be deemed employees within the meaning of this paragraph (a) at the option of the governing body of such county or municipality.
(B) Notwithstanding the provisions of sub-subparagraph (A) of this
subparagraph (I), any elected or appointed official of any county, city, town, or irrigation, drainage, or school district or taxing district who receives no compensation for service rendered as such an official, other than reimbursement of actual expenses, may be deemed not to be an employee within the meaning of this paragraph (a) at the option of the governing body of such county, city, town, or district. The option to exclude such officials as employees within the meaning of this paragraph (a) may be exercised as to any category of officials or as to any combination of categories of officials. Any such option may be exercised for any policy year by the filing of a statement with the division not less than forty-five days before the start of the policy year for which the option is to be exercised. If such a statement is in effect as to any category of such uncompensated officials, no official in said category shall be deemed an employee within the meaning of this paragraph (a). The governing body shall notify each official of such action promptly at the time such election to exclude is exercised.
(II) The rate of compensation of such persons accidentally injured, or, if
killed, the rate of compensation for their dependents, while serving upon such posse or as volunteer firefighters or as members of such volunteer police departments, volunteer police reserves, or volunteer police teams or groups or as members of such volunteer rescue teams or groups, volunteer disaster teams, volunteer ambulance teams or groups, or volunteer search teams or as members of the civil air patrol, Colorado wing, and of every nonsalaried person in the service of the state, or of any county, city, town, or irrigation, drainage, or school district therein, or of any public institution or administrative board thereof under any appointment or contract of hire, express or implied, including nonsalaried elective officials of the state, and of all members of the military forces of the state of Colorado shall be at the maximum rate provided by articles 40 to 47 of this title; except that this subparagraph (II) shall apply to an official described in sub-subparagraph (B) of subparagraph (I) of this paragraph (a) only if no statement exercising the option to exclude such official as an employee within the meaning of this paragraph (a) is in effect.
(III) Any person who, as part of a rehabilitation program of the department of
human or social services of any county or city and county, is placed with a private employer for the purpose of training or learning trades or occupations is deemed while so engaged to be an employee of such private employer. Any person who receives a work experience assignment to a position in any department or agency of any county or municipality, in any school district, in the office of any state agency or political subdivision thereof, or in any private for-profit or any nonprofit agency pursuant to the provisions of part 7 of article 2 of title 26 is deemed while so assigned to be an employee of the respective department, agency, office, political subdivision, private for-profit or nonprofit agency, or school district to which said person is assigned or, if so negotiated between the county and the entity to which the person is assigned, of the county arranging the work experience assignment. Any person who receives a work experience assignment to a position in any federal office or agency pursuant to part 7 of article 2 of title 26 is deemed while so assigned to be an employee of the county arranging the work experience assignment. The rate of compensation for such persons if accidentally injured or, if killed, for their dependents is based upon the wages normally paid in the community in which they reside for the type of work in which they are engaged at the time of such injury or death; except that, if any such person is a minor, compensation to such minor for permanent disability, if any, or death benefits to such minor's dependents must be paid at the maximum rate of compensation payable under articles 40 to 47 of this title 8 at the time of the determination of such disability or of such death.
(IV) Except as provided in section 8-40-301 (3) and section 8-40-302 (7)(a),
any person who may at any time be receiving training under any work or job training or rehabilitation program sponsored by any department, board, commission, or institution of the state of Colorado or of any county, city and county, city, town, school district, or private or parochial school or college and who, as part of any such work or job training or rehabilitation program of any department, board, commission, or institution of the state of Colorado or of any county, city and county, city, town, school district, or private or parochial school or college, is placed with any employer for the purpose of training or learning trades or occupations shall be deemed while so engaged to be an employee of the respective department, board, commission, or institution of the state of Colorado or of the county, city and county, city, town, school district, or private or parochial school or college sponsoring such training or rehabilitation program unless the following conditions are met, in which case the placed person shall be deemed an employee of the employer with whom he or she is placed:
(A) The sponsoring entity and the employer agree that the employer shall
cover the placed person under the employer's workers' compensation insurance;
(B) The employer does in fact insure and keep insured its liability for
workers' compensation as provided in articles 40 to 47 of this title and does in fact cover the placed person under such insurance; and
(C) With respect to agreements between sponsoring entities and employers
entered into after April 1, 1991, the employer has been provided with notice of the provisions of this subparagraph (IV) and of subparagraphs (V) and (VI) of this paragraph (a).
(V) In the event a person placed with an employer is deemed an employee of
the employer pursuant to subparagraph (IV) of this paragraph (a), the sponsoring entity shall not be subject to any liability for or on account of the death of or personal injury to the person so placed. In the event such person is deemed an employee of the sponsoring entity pursuant to the said subparagraph (IV), the employer shall not be subject to any liability for or on account of the death of or personal injury to the person and shall not be required to carry workers' compensation insurance or to pay premiums for workers' compensation insurance with respect to the person.
(VI) The rate of compensation for a person placed pursuant to subparagraph
(IV) of this paragraph (a) if accidentally injured or, if killed, for dependents of such person shall be based upon the wages normally paid in the community in which such person resides or in the community where said work or job training or rehabilitation program is being conducted for the type of work in which the person is engaged at the time of such injury or death, as determined by the director; except that, if any such person is a minor, compensation for such minor for permanent disability, if any, or death benefits to such minor's dependents shall be paid at the maximum rate of compensation payable under articles 40 to 47 of this title at the time of the determination of such disability or death.
(b) Every person in the service of any person, association of persons, firm, or
private corporation, including any public service corporation, personal representative, assignee, trustee, or receiver, under any contract of hire, express or implied, including aliens and also including minors, whether lawfully or unlawfully employed, who for the purpose of articles 40 to 47 of this title are considered the same and have the same power of contracting with respect to their employment as adult employees, but not including any persons who are expressly excluded from articles 40 to 47 of this title or whose employment is but casual and not in the usual course of the trade, business, profession, or occupation of the employer. The following persons shall also be deemed employees and entitled to benefits at the maximum rate provided by said articles, and, in the event of injury or death, their dependents shall likewise be entitled to such maximum benefits, if and when the association, team, group, or organization to which they belong has elected to become subject to articles 40 to 47 of this title and has insured its liability under said articles: All members of privately organized volunteer fire departments, volunteer rescue teams or groups, volunteer disaster teams, volunteer ambulance teams or groups, and volunteer search teams and organizations while performing their respective duties as members of such privately organized volunteer fire departments, volunteer rescue teams or groups, volunteer disaster teams, volunteer ambulance teams or groups, and volunteer search teams and organizations and while engaged in organized drills, practice, or training necessary or proper for the performance of their respective duties.
(2) (a) Notwithstanding any other provision of this section, any individual who
performs services for pay for another shall be deemed to be an employee, irrespective of whether the common-law relationship of master and servant exists, unless such individual is free from control and direction in the performance of the service, both under the contract for performance of service and in fact and such individual is customarily engaged in an independent trade, occupation, profession, or business related to the service performed. For purposes of this section, the degree of control exercised by the person for whom the service is performed over the performance of the service or over the individual performing the service shall not be considered if such control is exercised pursuant to the requirements of any state or federal statute or regulation.
(b) (I) To prove that an individual is engaged in an independent trade,
occupation, profession, or business and is free from control and direction in the performance of the service, the individual and the person for whom services are performed may show by a preponderance of the evidence that the conditions set forth in paragraph (a) of this subsection (2) have been satisfied. The parties may also prove independence through a written document.
(II) To prove independence it must be shown that the person for whom
services are performed does not:
(A) Require the individual to work exclusively for the person for whom
services are performed; except that the individual may choose to work exclusively for such person for a finite period of time specified in the document;
(B) Establish a quality standard for the individual; except that the person
may provide plans and specifications regarding the work but cannot oversee the actual work or instruct the individual as to how the work will be performed;
(C) Pay a salary or at an hourly rate instead of at a fixed or contract rate;
(D) Terminate the work of the service provider during the contract period
unless such service provider violates the terms of the contract or fails to produce a result that meets the specifications of the contract;
(E) Provide more than minimal training for the individual;
(F) Provide tools or benefits to the individual; except that materials and
equipment may be supplied;
(G) Dictate the time of performance; except that a completion schedule and
a range of negotiated and mutually agreeable work hours may be established;
(H) Pay the service provider personally instead of making checks payable to
the trade or business name of such service provider; and
(I) Combine the business operations of the person for whom service is
provided in any way with the business operations of the service provider instead of maintaining all such operations separately and distinctly.
(III) A document may satisfy the requirements of this paragraph (b) if such
document demonstrates by a preponderance of the evidence the existence of the factors listed in subparagraph (II) of this paragraph (b) as are appropriate to the parties' situation. The existence of any one of these factors is not conclusive evidence that the individual is an employee.
(IV) If the parties use a written document pursuant to this paragraph (b),
such document must be signed by both parties and may be the contract for performance of service or a separate document. Such document shall create a rebuttable presumption of an independent contractor relationship between the parties where such document contains a disclosure, in type which is larger than the other provisions in the document or in bold-faced or underlined type, that the independent contractor is not entitled to workers' compensation benefits and that the independent contractor is obligated to pay federal and state income tax on any moneys earned pursuant to the contract relationship. All signatures on any such document must be duly notarized.
(V) If the parties use a written document pursuant to this paragraph (b) and
one of the parties is a professional whose license to practice a particular occupation under the laws of the state of Colorado requires such professional to exercise a supervisory function with regard to an entire project such supervisory role shall not affect such professional's status as part of the independent contractor relationship.
(c) Nothing in this section shall be construed to conflict with section 8-40-301 or to relieve any obligations imposed pursuant thereto.
(d) Nothing in this section shall be construed to remove the claimant's
burden of proving the existence of an employer-employee relationship for purposes of receiving benefits pursuant to articles 40 to 47 of this title.
(e) (I) Notwithstanding any other provision of this section, a written
agreement between a nonprofit youth sports organization and a coach, specifying that the coach is an independent contractor and not an employee of the nonprofit youth sports organization and otherwise satisfying the requirements of this paragraph (e), shall be conclusive evidence that the relationship between the nonprofit youth sports organization and the coach is an independent contractor relationship rather than an employment relationship and that the nonprofit youth sports organization is not obligated to secure compensation for the coach in accordance with the Workers' Compensation Act of Colorado.
(II) The written agreement shall contain a disclosure, in bold-faced,
underlined, or large type, in a conspicuous location, and acknowledged by the parties by signature, initials, or other means demonstrating that the parties have read and understand the disclosure, indicating that the coach:
(A) Is an independent contractor and not an employee of the nonprofit youth
sports organization;
(B) Is not entitled to workers' compensation benefits in connection with his
or her contract with the nonprofit youth sports organization; and
(C) Is obligated to pay federal and state income tax on any moneys paid
pursuant to the contract for coaching services and that the nonprofit youth sports organization will not withhold any amounts from the coach for purposes of satisfying the coach's income tax liability.
(III) A written agreement between a nonprofit youth sports organization and
a coach in accordance with this paragraph (e) shall not be conclusive evidence of an independent contractor relationship for purposes of any civil action instituted by a third party.
(IV) As used in this paragraph (e), nonprofit youth sports organization
means an organization that is exempt from federal taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, and is primarily engaged in conducting organized sports programs for persons under twenty-one years of age.
(3) Notwithstanding any other provision of this section, employee includes
a person who participates in a property tax work-off program established pursuant to article 3.7 of title 39, C.R.S.
Source: L. 90: Entire article R&RE, p. 470, � 1, effective July 1. L. 91: (1)(a)(IV)
amended, p. 1364, � 1, effective April 20; (1)(a)(III) amended, p. 1870, � 23, effective July 1. L. 93: (2) added, p. 356, � 2, effective April 12. L. 94: (1)(a)(III) amended, p. 452, � 2, effective March 29. L. 95: IP(2)(b)(II), (2)(b)(III), and (2)(b)(IV) amended, pp. 343, 344, � 2, effective July 1. L. 97: (1)(a)(I)(A) amended, p. 170, � 3, effective March 28; (1)(a)(III) amended, p. 1239, � 35, effective July 1; (1)(a)(I)(A) and (1)(a)(II) amended, p. 1005, � 2, effective August 6. L. 2010: (2)(e) added, (HB 10-1108), ch. 119, p. 400, � 2, effective April 15; (3) added, (HB 10-1076), ch. 162, p. 566, � 1, effective August 11. L. 2018: (1)(a)(III) amended, (SB 18-092), ch. 38, p. 396, � 2, effective August 8.
Editor's note: (1) This section is similar to former � 8-41-106 as it existed
prior to 1990.
(2) Amendments to subsection (1)(a)(I)(A) by House Bill 97-1220 and Senate
Bill 97-166 were harmonized.
Cross references: (1) For the scope of the term employee, see � 8-40-301.
(2) For the legislative declaration in the 2010 act adding subsection (2)(e),
see section 1 of chapter 119, Session Laws of Colorado 2010. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.
C.R.S. § 8-40-301
8-40-301. Scope of term employee - definition. (1) (a) Employee excludes any person employed by a passenger tramway area operator, as defined in section 12-150-103 (1), or other employer, while participating in recreational activity, who at such time is relieved of and is not performing any duties of employment, regardless of whether such person is utilizing, by discount or otherwise, a pass, ticket, license, permit, or other device as an emolument of employment.
(b) (I) Employee excludes any person employed by an out-of-state
employer performing incidental work in Colorado where the employee is covered at the time of injury under the workers' compensation act of another state regardless of where the contract for employment was created.
(II) For purposes of this section, incidental work means work that is
randomly or fortuitously in Colorado.
(III) This section only applies to a workers' compensation act of another state
that includes a reciprocal provision exempting Colorado employers from liability under the other state's act for incidental work.
(2) Employee excludes any person who is a licensed real estate sales
agent or a licensed real estate broker associated with another real estate broker if:
(a) Substantially all of the sales agent's or associated broker's remuneration
from real estate brokerage is derived from real estate commissions; and
(b) The services of the sales agent or associated broker are performed under
a written contract specifying that the sales agent or associated broker is an independent contractor; and
(c) Such contract provides that the sales agent or associated broker shall
not be treated as an employee for federal income tax purposes.
(3) (a) Notwithstanding the provisions of section 8-40-202 (1)(a)(IV),
employee excludes any person who is confined to a city or county jail or any department of corrections facility as an inmate and who, as a part of such confinement, is working, performing services, or participating in a training or rehabilitation or work release program; except that employee includes an inmate of a department of corrections facility or a city, county, or city and county jail who is working, performing services, or participating in a training, rehabilitation, or work release program that has been certified by the federal prison industry enhancement certification program pursuant to the federal Justice System Improvement Act of 1979, 18 U.S.C. sec. 1761 (c). For the purposes of articles 40 to 47 of this title, an inmate participating in a program certified by the federal prison industry enhancement certification program is an employee of that certified program, which certified program shall carry workers' compensation insurance pursuant to articles 40 to 47 of this title. No inmate participating in a certified program shall be deemed to be an employee of the state, city, county, or city and county that owns, operates, or contracts for the operation of the facility or jail in which the inmate is incarcerated.
(b) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate who is working for a private employer under a contract of hire wherein the private employer is required to maintain workers' compensation insurance for its employees pursuant to articles 40 to 47 of this title. Such inmate shall be an employee of such private employer for purposes of articles 40 to 47 of this title.
(c) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate working for a joint venture established pursuant to the provisions of section 17-24-119 or 17-24-121, C.R.S. Such inmate shall be an employee of such joint venture for purposes of articles 40 to 47 of this title.
(d) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate working for a private person or entity pursuant to the provisions of section 17-24-122, C.R.S. Such inmate shall be an employee of such private person or entity for purposes of articles 40 to 47 of this title.
(4) Employee excludes any person who volunteers time or services for a ski
area operator, as defined in section 33-44-103 (7), C.R.S., or for a ski area sponsored program or activity, notwithstanding the fact that such person may receive noncash remuneration for such person or such person's designee in conjunction with such person's status as a volunteer. No contract of hire, express or implied, is created between any volunteer pursuant to this section and a ski area operator. Notice shall be given to such volunteer in writing that the volunteering of time or services under this subsection (4) does not constitute employment for purposes of the Workers' Compensation Act of Colorado and that such person is not entitled to benefits pursuant to said act.
(5) Employee excludes any person who is working as a driver under a lease
agreement pursuant to section 40-11.5-102, C.R.S., with a common carrier or contract carrier.
(6) Any person working as a driver with a common carrier or contract carrier
as described in this section shall be eligible for and shall be offered workers' compensation insurance coverage by Pinnacol Assurance or similar coverage consistent with the requirements set forth in section 40-11.5-102 (5), C.R.S.
(7) Persons who provide host home services as part of residential services
and supports, as described in section 25.5-10-206 (1)(e), for an eligible person, as defined in section 25.5-6-403 (2)(a), pursuant to the Home- and Community-based Services for Persons with Developmental Disabilities Act, part 4 of article 6 of title 25.5, and pursuant to a contract with a service agency as defined in section 25.5-10-202 (34) are not considered employees of the service agency.
(8) For the purposes of articles 40 to 47 of this title 8, employee excludes
any person who performs services for more than one employer at a race meet as defined by section 44-32-102 (20) or at a horse track as defined by section 44-32-102 (8).
(9) Notwithstanding any other provision of this section, employee includes
a person who participates in a property tax work-off program established pursuant to article 3.7 of title 39, C.R.S.
Source: L. 90: Entire article R&RE, p. 473, � 1, effective July 1. L. 92: (5) and
(6) added, p. 1798, � 1, effective June 6. L. 93: (3) amended, p. 2129, � 3, effective September 1. L. 94: (4) amended, p. 1288, � 1, effective July 1. L. 95: (1) and (3)(c) amended, p. 1091, � 1, effective May 31. L. 97: (3)(c) amended, p. 1031, � 66, effective August 6. L. 2000: (7) added, p. 1497, � 1, effective August 2. L. 2002: (6) amended, p. 1882, � 28, effective July 1. L. 2003: (8) added, p. 728, � 1, effective March 20. L. 2006: (7) amended, p. 1998, � 30, effective July 1. L. 2010: (3)(a) amended, (HB 10-1109), ch. 171, p. 606, � 1, effective August 11; (9) added, (HB 10-1076), ch. 162, p. 566, � 2, effective August 11. L. 2013: (7) amended, (HB 13-1314), ch. 323, p. 1800, � 17, effective March 1, 2014. L. 2017: (1) amended, (HB 17-1119), ch. 317, p. 1705, � 2, effective July 1. L. 2018: (8) amended, (HB 18-1024), ch. 26, p. 321, � 4, effective October 1. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1647, � 20, effective October 1. L. 2021: (7) amended, (HB 21-1187), ch. 83, p. 324, � 4, effective July 1, 2024.
Editor's note: This section is similar to former � 8-41-106 as it existed prior to
1990.
C.R.S. § 8-41-304
8-41-304. Last employer liable - exception. (1) Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and suffered a substantial permanent aggravation thereof and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier. In the case of silicosis, asbestosis, or anthracosis, the only employer and insurance carrier liable shall be the last employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust, asbestos dust, or coal dust on each of at least sixty days or more and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer.
(2) In any case where an employee of an employer becomes disabled from
silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or in the event death results from silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, and, if such employee has been injuriously exposed to such diseases while in the employ of another employer during the employee's lifetime, the last employer or that employer's insurance carrier, if any, shall be liable for compensation and medical benefits as provided by articles 40 to 47 of this title, including funeral expenses and death benefits.
Source: L. 90: Entire article R&RE, p. 480, � 1, effective July 1. L. 91: (1)
amended, p. 1295, � 8, effective July 1. L. 93: (2) amended, p. 2140, � 1, effective April 1, 1994.
Editor's note: This section is similar to former � 8-51-112 as it existed prior to
1990.
PART 4
CONTRACTORS AND LESSEES
C.R.S. § 8-41-401
8-41-401. Lessor contractor-out deemed employer - liability - recovery. (1) (a) (I) Any person, company, or corporation operating or engaged in or conducting any business by leasing or contracting out any part or all of the work thereof to any lessee, sublessee, contractor, or subcontractor, irrespective of the number of employees engaged in such work, shall be construed to be an employer as defined in articles 40 to 47 of this title and shall be liable as provided in said articles to pay compensation for injury or death resulting therefrom to said lessees, sublessees, contractors, and subcontractors and their employees or employees' dependents, except as otherwise provided in subsection (3) of this section.
(II) Notwithstanding subparagraph (I) of this paragraph (a) and any other
provision of law to the contrary, it is presumed that a buyer of goods is not liable as a statutory employer when a lessee, sublessee, contractor, or subcontractor, or their employee who is delivering the goods to the buyer injures himself or herself while not on the buyer's premises. The presumption may be overcome by a showing that the lessee, sublessee, contractor, or subcontractor, or their employee was performing a job function that would normally be performed by an employee of the buyer of the goods being delivered. Nothing in this subparagraph (II) creates a presumption of a statutory employer-employee relationship when an injury occurs on the buyer's premises.
(III) For the purposes of this section, a statutory employer is an employer
who is responsible to pay workers' compensation benefits pursuant to subparagraph (I) of this paragraph (a).
(a.5) The general assembly hereby finds and determines that the decision of
the Colorado court of appeals in the case of Newsom v. Frank M. Hall & Co., No. 02CA1375 (February 26, 2004), in which the court held that an independent contractor may be an entity other than a natural person, did not accurately reflect the intent of the general assembly when it passed Senate Bill 93-132 and Senate Bill 95-072. The general assembly hereby declares that the term individual, as used in this section and in section 8-40-202, means a natural person.
(b) The employer, before commencing said work, shall insure and keep
insured against all liability as provided in said articles, and such lessee, sublessee, contractor, or subcontractor, as well as any employee thereof, shall be deemed employees as defined in said articles. The employer shall be entitled to recover the cost of such insurance from said lessee, sublessee, contractor, or subcontractor and may withhold and deduct the same from the contract price or any royalties or other money due, owing, or to become due said lessee, sublessee, contractor, or subcontractor.
(2) If said lessee, sublessee, contractor, or subcontractor is also an employer
in the doing of such work and, before commencing such work, insures and keeps insured its liability for compensation as provided in articles 40 to 47 of this title, neither said lessee, sublessee, contractor, or subcontractor, its employees, or its insurer shall have any right of contribution or action of any kind, including actions under section 8-41-203, against the person, company, or corporation operating or engaged in or conducting any business by leasing or contracting out any part or all of the work thereof, or against its employees, servants, or agents.
(3) Notwithstanding any provision of this section or section 8-41-402 to the
contrary, any individual who is excluded from the definition of employee pursuant to section 8-40-202 (2), or a working general partner or sole proprietor who is not covered under a policy of workers' compensation insurance, or a corporate officer or member of a limited liability company who executes and files an election to reject coverage under section 8-41-202 (1) shall not have any cause of action of any kind under articles 40 to 47 of this title. Nothing in this section shall be construed to restrict the right of any such individual to elect to proceed against a third party in accordance with the provisions of section 8-41-203. The total amount of damages recoverable pursuant to any cause of action resulting from a work-related injury brought by such individual that would otherwise have been compensable under articles 40 to 47 of this title shall not exceed fifteen thousand dollars, except in any cause of action brought against another not in the same employ.
(4) (a) Notwithstanding any provision of this section to the contrary, any
person, company, or corporation who contracts with a landowner or lessee of a farm or ranch to perform a specified farming or ranching operation shall, prior to entering into such contract, provide for and maintain, for the period of such contract, workers' compensation coverage pursuant to articles 40 to 47 of this title covering all the employees and laborers to be utilized under such contract. Proof of such coverage on forms or certificates issued by the insurer shall be provided to the person, company, or corporation contracting for the labor prior to performing such contract.
(b) Any person, company, or corporation contracting with a landowner or
lessee of a farm or ranch to provide a specified farming or ranching operation who fails to provide coverage pursuant to subsection (1) of this section or who fails to maintain such coverage for the term of the contract commits a class 2 misdemeanor.
(c) Notwithstanding any provision of this section to the contrary, no person,
company, or corporation contracting with a landowner or lessee of a farm or ranch operation to perform a specified farming or ranching operation nor any employee of such person, company, or corporation required to be covered by workers' compensation pursuant to this subsection (4) shall have any right of contribution from, or any action of any kind, including actions under section 8-41-203, against, the person, company, or corporation contracting to have such agricultural labor performed.
(d) (I) If any person, company, or corporation contracting to provide labor to
perform specified farming or ranching operations and required to provide workers' compensation coverage pursuant to articles 40 to 47 of this title fails to provide such coverage and the person, company, or corporation for whom the labor is provided incurs any liability thereby, the person, company, or corporation providing the labor shall be subject to a cause of action for said liability and for reasonable attorney fees.
(II) If the person, company, or corporation for whom the labor for the
performance of a specified farming or ranching operation is provided is sued by the injured employee, said person, company, or corporation may join the person, company, or corporation providing the labor as a third-party defendant in lieu of filing an independent action.
(5) The provisions of this section shall not apply to licensed real estate
brokers and licensed real estate sales agents, as regulated in article 10 of title 12, who are excluded from the definition of employee pursuant to section 8-40-301 (2).
(6) Notwithstanding any provision of this section to the contrary, any person,
company, or corporation operating a commercial vehicle as defined in section 42-4-235 (1)(a), C.R.S., who holds oneself or itself out as an independent contractor only to perform for-hire transportation, including loading and unloading, and who contracts to perform a specific transportation job, transportation task, or transportation delivery for another person, company, or corporation is not entering into an employee and employer relationship for purposes of workers' compensation coverage pursuant to articles 40 to 47 of this title. Nothing in this subsection (6) shall be construed to prohibit a determination that an individual is excluded from the definition of employee pursuant to section 8-40-202 (2) if such individual is operating a commercial vehicle as defined in section 42-4-235 (1)(a), C.R.S.
(7) This section shall not apply to any person excluded from the definition of
employee pursuant to section 8-40-301 (5) or (7).
Source: L. 90: Entire article R&RE, p. 481, � 1, effective July 1. L. 92: (7) added,
p. 1798, � 2, effective June 6. L. 93: (3) amended, p. 357, � 3, effective April 12; (6) amended, p. 1861, � 1, effective June 6. L. 94: (6) amended, p. 2544, � 16, effective January 1, 1995. L. 95: (1) and (3) amended, p. 344, � 3, effective July 1. L. 96: (1) and (3) amended, p. 647, � 2, effective May 1. L. 2000: (7) amended, p. 1497, � 2, effective August 2. L. 2004: (1)(a) amended and (1)(a.5) added, p. 1078, � 1, effective May 21. L. 2013: (1)(a) amended, (SB 13-147), ch. 389, p. 2262, � 1, effective June 5. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1647, � 21, effective October 1. L. 2021: (4)(b) amended, (SB 21-271), ch. 462, p. 3142, � 94, effective March 1, 2022.
Editor's note: This section is similar to former � 8-48-101 as it existed prior to
1990.
C.R.S. § 8-41-402
8-41-402. Repairs to real property - exception for liability of occupant of residential real property. (1) Every person, company, or corporation owning any real property or improvements thereon and contracting out any work done on and to said property to any contractor, subcontractor, or person who hires or uses employees in the doing of such work shall be deemed to be an employer under the terms of articles 40 to 47 of this title. Every such contractor, subcontractor, or person, as well as such contractor's, subcontractor's, and person's employees, shall be deemed to be an employee, and such employer shall be liable as provided in said articles to pay compensation for injury or death resulting therefrom to said contractor, subcontractor, or person and said employees or employees' dependents and, before commencing said work, shall insure and keep insured all liability as provided in said articles. Such employer shall be entitled to recover the cost of such insurance from said contractor, subcontractor, or person and may withhold and deduct the same from the contract price or any royalties or other money due, owing, or to become due to said contractor, subcontractor, or person. Articles 40 to 47 of this title shall not apply to the owner or occupant, or both, of residential real property which meets the definition of a qualified residence under section 163 (h)(4)(A) of the federal Internal Revenue Code of 1986, as amended, who contracts out any work done to the property, unless the person performing the work is otherwise an employee of the owner or occupant, or both, of the property.
(2) If said contractor, subcontractor, or person doing or undertaking to do
any work for an owner of property, as provided in subsection (1) of this section, is also an employer in the doing of such work and, before commencing such work, insures and keeps insured all liability for compensation as provided in articles 40 to 47 of this title, neither said contractor, subcontractor, or person nor any employees or insurers thereof shall have any right of contribution or action of any kind, including actions under section 8-41-203, against the person, company, or corporation owning real property and improvements thereon which contracts out work done on said property, or against its employees, servants, or agents.
(3) (Deleted by amendment, L. 91, p. 1295, � 9, effective July 1, 1991.)
Source: L. 90: Entire article R&RE, p. 483, � 1, effective July 1. L. 91: Entire
section amended, p. 1295, � 9, effective July 1.
Editor's note: This section is similar to former � 8-48-102 as it existed prior to
1990.
C.R.S. § 8-41-404
8-41-404. Construction work - proof of coverage required - violation - penalty - definitions. (1) (a) Except as otherwise provided in subsection (4) of this section, every person performing construction work on a construction site shall be covered by workers' compensation insurance, and a person who contracts for the performance of construction work on a construction site shall either provide, pursuant to articles 40 to 47 of this title, workers' compensation coverage for, or require proof of workers' compensation coverage from, every person with whom he or she has a direct contract to perform construction work on the construction site.
(b) A site owner, general contractor, or other person who is not a direct party
to a contract for construction work shall not be held liable under subsection (3) of this section solely as a result of the person's ownership interest or general supervisory role in a construction project.
(c) Any person who contracts for the performance of construction work on a
construction site and who exercises due diligence by either providing workers' compensation coverage as required by this section or requiring proof of workers' compensation coverage as required by this section from every person with whom he or she has a direct contract to perform construction work on the construction site shall not be liable under subsection (3) of this section.
(2) If the parties to a contract that includes construction work agree that
part of the contract price shall be withheld to cover workers' compensation premiums for coverage required under this section, the premiums shall be calculated based only on that portion of the contract price that represents the labor portion of the contract.
(3) A violation of subsection (1) of this section is punishable by an
administrative fine imposed pursuant to section 8-43-409 (1)(b). The division shall transmit revenues collected through the imposition of fines pursuant to this section to the state treasurer, who shall credit them to the Colorado uninsured employer fund created in section 8-67-105.
(4) (a) This section shall not apply to:
(I) An owner or occupant, or both, of residential real property that meets the
definition of a qualified residence under section 163 (h)(4)(A) of the federal Internal Revenue Code of 1986, as amended, who contracts out any work done to the real property, unless the person performing the work is otherwise an employee of the owner or occupant, or both, of the real property;
(II) An owner or occupant of real property who hires a person or persons
specifically to do routine repair and maintenance on the real property of such owner or occupant;
(III) An independent contractor, who is a natural person, who has formed a
corporation pursuant to section 7-102-103, C.R.S., or a limited liability company pursuant to section 7-80-203, C.R.S., and who has rejected workers' compensation coverage pursuant to section 8-41-202;
(IV) Corporate officers and members of a limited liability company who have
rejected workers' compensation coverage pursuant to section 8-41-202;
(V) A partner in a partnership who has filed a certificate of limited
partnership pursuant to section 7-62-201, C.R.S., a partnership registration statement pursuant to section 7-60-144 or 7-64-1002, C.R.S., or a statement of trade name pursuant to section 7-71-103, C.R.S., and has filed with the division a form, approved by the director, rejecting workers' compensation; or
(VI) A sole proprietor who has filed a statement of trade name pursuant to
section 7-71-103, C.R.S., and has filed with the division a form, approved by the director, rejecting workers' compensation.
(b) Nothing in this section shall be construed to limit the responsibility of
corporations, limited liability companies, partnerships, or sole proprietorships to provide coverage for their employees as required under articles 40 to 47 of this title.
(5) As used in this section:
(a) Construction site means a location where a structure that is attached or
will be attached to real property is constructed, altered, or remodeled.
(b) Construction work includes all or any part of the construction,
alteration, or remodeling of a structure. Construction work does not include surveying, engineering, examination, or inspection of a construction site or the delivery of materials to a construction site.
(c) Proof of workers' compensation coverage includes a certificate or other
written confirmation, issued by the insurer or authorized agent of the insurer, of the existence of workers' compensation coverage in force during the period of the performance of construction work on the construction site.
Source: L. 2007: Entire section added, p. 2070, � 1, effective June 1. L. 2017:
(3) amended, (HB 17-1119), ch. 317, p. 1705, � 3, effective July 1.
Cross references: For the federal Internal Revenue Code of 1986, see title
26 of the United States Code.
PART 5
DEPENDENCY
C.R.S. § 8-42-101
8-42-101. Employer must furnish medical aid - approval of plan - fee schedule - contracting for treatment - no recovery from employee - medical treatment guidelines - accreditation of physicians and other medical providers - mental health provider qualifications - mileage reimbursement - rules - definitions - repeal. (1) (a) (I) Every employer, regardless of the employer's method of insurance, shall furnish medical, surgical, dental, nursing, and hospital treatment; medical, hospital, and surgical supplies; crutches; apparatus; and guardian ad litem or conservator services as may reasonably be needed at the time of the injury or occupational disease and thereafter during the disability to cure and relieve the employee from the effects of the injury.
(II) An employer or an employer's insurer that is required to furnish guardian
ad litem or conservator services pursuant to this subsection (1)(a) shall pay an amount set in a fee schedule established by the director by rule. The director shall include in the fee schedule:
(A) Reasonable attorney fees and costs to appoint a guardian ad litem or
conservator through the appropriate probate court for an employee who is legally incapacitated as the result of a work-related injury or occupational disease; and
(B) Reasonable fees and costs of a guardian ad litem or conservator
appointed for an employee for services that are reasonably necessary as a result of the work-related injury or occupational disease.
(b) In all cases where the injury results in the loss of a member or part of the
employee's body, loss of teeth, loss of vision or hearing, or damage to an existing prosthetic device, the employer shall furnish within the limits of the medical benefits provided in subsection (1)(a) of this section artificial members, glasses, hearing aids, braces, and other external prosthetic devices, including dentures, that are reasonably required to replace or improve the function of each member or part of the body or prosthetic device so affected or to improve the employee's vision or hearing. Implants or devices necessary to regulate the operation of, or to replace, with implantable devices, internal organs or structures of the body may be replaced when the authorized treating physician deems it necessary. Every employer subject to the terms and provisions of articles 40 to 47 of this title 8 must insure against liability for the medical, surgical, and hospital expenses provided for in this article 42, unless permission is given by the director to such employer to operate under a medical plan, as set forth in subsection (2) of this section.
(c) In any case in which a firefighter, emergency medical services provider, or
peace officer, as described in section 16-2.5-101, C.R.S., is exposed during the course and within the scope of employment to a known or possible source of hepatitis C, the employer, or if insured, the insurer, shall, at their expense, provide for baseline testing within the period of time specified in section 8-41-208 (1)(a) to determine whether the employee was free of hepatitis C at the time of the on-the-job exposure. The employer, or if insured, the insurer, shall pay for all reasonable and necessary medical procedures and treatment for exposure to hepatitis C during the period of time set forth in section 8-41-208 (1)(d).
(2) Every such plan, which is agreed to between the employer and employee,
for the furnishing of medical, surgical, and hospital treatment, whether or not the employee is to pay any part of the expense of such treatment, before being put into effect, shall receive the approval of the director. The director has full power to formulate the terms and conditions under which any such plan may operate and the essentials thereof, and at any time the director may order modifications or changes in any such plan or withdraw prior approval thereof. No plan shall be approved by the director which relieves the employer from the burden of assuming and paying for any part of the medical, surgical, and hospital services and supplies required.
(3) (a) (I) [Editor's note: This version of subsection (3)(a)(I) is effective until
January 1, 2028.] The director shall establish a schedule fixing the fees for which all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services, whether related to treatment or not, pertaining to injured employees under this section shall be compensated. It is unlawful, void, and unenforceable as a debt for any physician, chiropractor, hospital, person, expert witness, reviewer, evaluator, or institution to contract with, bill, or charge any party for services, rendered in connection with injuries coming within the purview of this article or an applicable fee schedule, which are or may be in excess of said fee schedule unless such charges are approved by the director. Fee schedules shall be reviewed on or before July 1 of each year by the director, and appropriate health-care practitioners shall be given a reasonable opportunity to be heard as required pursuant to section 24-4-103, C.R.S., prior to fixing the fees, impairment rating guidelines, which shall be based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991, and medical treatment guidelines and utilization standards. Fee schedules established pursuant to this subparagraph (I) shall take effect on January 1. The director shall promulgate rules concerning reporting requirements, penalties for failure to report correctly or in a timely manner, utilization control requirements for services provided under this section, and the accreditation process in subsection (3.6) of this section. The fee schedule shall apply to all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services and to expert witness, expert reviewer, or expert evaluator services, whether related to treatment or not, provided after any final order, final admission, or full or partial settlement of the claim.
(3) (a) (I) [Editor's note: This version of subsection (3)(a)(I) is effective
January 1, 2028.]
(A) The director shall establish a schedule fixing the fees for which all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services, whether related to treatment or not, pertaining to injured employees under this section shall be compensated. It is unlawful, void, and unenforceable as a debt for a physician, chiropractor, hospital, person, expert witness, reviewer, evaluator, or institution to contract with, bill, or charge any party for services, rendered in connection with injuries coming within the purview of this article 42 or an applicable fee schedule, that are or may be in excess of the fee schedule unless such charges are approved by the director. Fee schedules shall be reviewed on or before July 1 of each year by the director, and appropriate health-care practitioners shall be given a reasonable opportunity to be heard as required pursuant to section 24-4-103 prior to fixing the fees; impairment rating guidelines, which shall be based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991; and medical treatment guidelines and utilization standards. Fee schedules established pursuant to this subsection (3)(a)(I) shall take effect on January 1. The director shall adopt rules concerning reporting requirements, penalties for failure to report correctly or in a timely manner, utilization control requirements for services provided under this section, and the accreditation process described in subsection (3.6) of this section. The fee schedule applies to all surgical, hospital, dental, nursing, vocational rehabilitation, and medical services and to expert witness, expert reviewer, or expert evaluator services, whether related to treatment or not, provided after any final order, final admission, or full or partial settlement of the claim.
(B) An employer or the employer's insurer shall use the division's utilization
standards when responding to a request for authorization from a treating physician. If an employer or the employer's insurer fails to act in accordance with the division's utilization standards when reviewing a request for authorization, the director may deem the services provided by an authorized treating physician as authorized, reasonable, and necessary and require payment for the services by the employer or the employer's insurer.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (a)
the fees set forth in the schedule established pursuant to subparagraph (I) of this paragraph (a) shall be those fees in effect immediately prior to July 1, 1991, and such fees shall remain in effect until July 1, 1995.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph (a),
until the impairment rating guidelines and medical treatment guidelines and utilization standards required by subparagraph (I) of this paragraph (a) and subsection (3.5) of this section are adopted and level I accreditation is received, compensation for fees for chiropractic treatments shall not be made more than ninety days after the first of such treatments nor after the twelfth such treatment, whichever first occurs, unless the chiropractor has received level I accreditation.
(b) Medical treatment guidelines and utilization standards, developed by the
director, shall be used by health-care practitioners for compliance with this section.
(c) [Editor's note: Subsection (3)(c) is effective January 1, 2028.] The
department shall update the general assembly on the changes made to the utilization standards for physician authorization requests as part of the department's presentation to the legislative committees of reference at the committees' hearings held pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act pursuant to part 2 of article 7 of title 2.
(3.5) (a) (I) (A) Physician means, for the purposes of the level I and level II
accreditation programs only, a physician licensed under the Colorado Medical Practice Act, article 240 of title 12. A physician is not deemed accredited under either level I or level II solely by reason of being licensed.
(B) A physician assistant licensed under the Colorado Medical Practice Act,
article 240 of title 12, may receive level I accreditation. In order for a level I accredited physician assistant to perform medical services requiring level I accreditation, a level I accredited physician must delegate the performance of those medical services to the level I accredited physician assistant.
(C) Repealed.
(D) An advanced practice registered nurse with prescriptive authority
pursuant to section 12-255-112 may receive level I accreditation for purposes of receiving one hundred percent reimbursement under the medical fee schedule created in accordance with subsection (3) of this section.
(D.5) A health-care professional regulated pursuant to title 12 and listed in
the utilization standards created in accordance with subsection (3.5)(a)(II) of this section may receive level I accreditation.
(E) Nothing in this subsection (3.5)(a) grants any person other than a
physician licensed under the Colorado Medical Practice Act, article 240 of title 12, the authority to determine that no permanent medical impairment has resulted from the injury pursuant to subsection (3.6)(b) of this section or that a claimant has attained maximum medical improvement pursuant to section 8-42-107 (8)(b)(I).
(II) The director shall promulgate rules establishing a system for the
determination of medical treatment guidelines and utilization standards and medical impairment rating guidelines for impairment ratings as a percent of the whole person or affected body part based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991.
(b) A medical impairment rating system shall be maintained by the director.
(c) (I) This subsection (3.5) is repealed, effective September 1, 2036.
(II) Prior to such repeal the accreditation process created by this subsection
(3.5) and subsection (3.6) of this section shall be reviewed as provided for in section 24-34-104, C.R.S.
(3.6) (a) The two-tier accreditation system shall comprise the following
programs:
(I) A program establishing the accreditation requirements for physicians
providing primary care to patients who have, as a result of their injury, been unable to return to work for more than three working days, referred to in this section as time-loss injuries, which program shall be voluntary except in the case of chiropractors, for whom it shall be mandatory, and which shall be known as level I accreditation; and
(II) A program establishing the accreditation requirements for physicians
providing impairment evaluation of injured workers, which program shall be known as level II accreditation.
(b) A physician who provides impairment evaluation of injured workers shall
complete and must have received accreditation under the level II accreditation program. However, the authorized treating physician providing primary care need not be level II accredited to determine that no permanent medical impairment has resulted from the injury. Specialists who do not render primary care to injured workers and who do not perform impairment evaluations do not require accreditation. The facility where a physician provides such services cannot be accredited.
(c) Both the level I and level II accreditation programs shall be implemented
and available to physicians. All physicians who are required to be accredited shall complete the level II accreditation program or programs.
(d) The level I and level II accreditation programs shall operate in such a
manner that the costs of the program are fully met by registration fees paid by the physicians. The registration fee for each program must cover the cost of all accreditation course work and materials.
(e) The accreditation system shall be established so as to provide physicians
with an understanding of the administrative, legal, and medical roles and in such a manner that accreditation is accessible to every licensed physician, with consideration of specialty and geographic diversity.
(f) Initial accreditation shall be for a three-year period and may be renewed
for successive three-year periods. The director by regulation may determine any additional training program required prior to accreditation renewal.
(g) The director shall, upon good cause shown, revoke the accreditation of
any physician who violates the provisions of this subsection (3.6) or any rule promulgated by the director pursuant to this subsection (3.6), following a hearing on the merits before an administrative law judge, subject to review by the industrial claim appeals office and the court of appeals, in accordance with all applicable provisions of article 43 of this title.
(h) If a physician whose accreditation has been revoked submits a claim for
payment for services rendered subsequent to such revocation, the physician shall be considered in violation of section 10-1-128, and neither an insurance carrier nor a self-insured employer shall be under any obligation to pay such claim.
(i) A physician who provides treatment for nontime loss injuries need not be
accredited to be reimbursed for the costs of such treatment pursuant to the provisions of the Workers' Compensation Act of Colorado.
(j) (Deleted by amendment, L. 96, p. 151, 2, effective July 1, 1996.)
(k) The division shall make available to insurers, claimants, and employers a
list of all accredited physicians and a list of all physicians whose accreditation has been revoked. Such lists shall be updated on a monthly basis.
(l) The registration fees collected pursuant to paragraph (d) of this
subsection (3.6) shall be transmitted to the state treasurer, who shall credit the same to the physicians accreditation program cash fund, which is hereby created in the state treasury. Moneys in the physicians accreditation program cash fund are hereby continuously appropriated for the payment of the direct costs of providing the level I and level II accreditation courses and materials.
(m) All administrative costs associated with the level I and level II
accreditation programs shall be paid out of the workers' compensation cash fund in accordance with appropriations made pursuant to section 8-44-112 (7).
(n) The director shall contract with the medical school of the university of
Colorado for the services of a medical director to advise the director on issues of accreditation, impairment rating guidelines, medical treatment guidelines and utilization standards, and case management and to consult with the director on peer review activities as specified in this subsection (3.6) and section 8-43-501. The medical director shall be a medical doctor licensed to practice in this state with experience in occupational medicine. The director may contract with an appropriate private organization that meets the definition of a quality improvement organization as set forth in 42 U.S.C. sec. 1320c-1 to conduct peer review activities under this subsection (3.6) and section 8-43-501 and to recommend whether or not adverse action is warranted.
(o) Except as provided in this subsection (3.6), neither an insurance carrier
nor a self-insured employer or injured worker shall be liable for costs incurred for an impairment evaluation rendered by a physician where there is a determination of permanent medical impairment if such physician is not level II accredited pursuant to the provisions of this subsection (3.6).
(p) (I) As used in this paragraph (p):
(A) Case management means a system developed by the insurance carrier
in which the carrier shall assign a person knowledgeable in workers' compensation health care to communicate with the employer, employee, and treating physician to assure that appropriate and timely medical care is being provided.
(B) Managed care means the provision of medical services through a
recognized organization authorized under the provisions of parts 1, 3, and 4 of article 16 of title 10, or a network of medical providers accredited to practice workers' compensation under this subsection (3.6).
(II) Every employer or its insurance carrier shall offer at least managed care
or medical case management in the counties of Denver, Adams, Jefferson, Arapahoe, Douglas, Boulder, Larimer, Weld, El Paso, Pueblo, and Mesa and shall offer medical case management in all other counties of the state.
(q) The division is authorized to accept moneys from any governmental unit
as well as grants, gifts, and donations from individuals, private organizations, and foundations; except that no grant, gift, or donation may be accepted by the division if it is subject to conditions which are inconsistent with this article or any other laws of this state or which require expenditures from the workers' compensation cash fund which have not been approved by the general assembly. All moneys accepted by the division shall be transmitted to the state treasurer for credit to the workers' compensation cash fund.
(r) (I) This subsection (3.6) is repealed, effective September 1, 2036.
(II) Prior to such repeal the accreditation process created by subsection (3.5)
of this section and this subsection (3.6) shall be reviewed as provided for in section 24-34-104.
(3.7) On and after July 1, 1991, all physical impairment ratings used under
articles 40 to 47 of this title shall be based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991. For purposes of determining levels of medical impairment pursuant to articles 40 to 47 of this title a physician shall not render a medical impairment rating based on chronic pain without anatomic or physiologic correlation. Anatomic correlation must be based on objective findings.
(3.9) A person providing mental health services pursuant to articles 40 to 47
of this title 8, including cognitive behavioral therapy and other treatment modalities under the workers' compensation system, must be formally trained and licensed as a mental health provider.
(4) Once there has been an admission of liability or the entry of a final order
finding that an employer or insurance carrier is liable for the payment of an employee's medical costs or fees, a medical provider shall under no circumstances seek to recover such costs or fees from the employee.
(5) [Editor's note: This version of subsection (5) is effective until January 1,
2028.] If any party files an application for hearing on whether the claimant is entitled to medical maintenance benefits recommended by an authorized treating physician that are unpaid and contested, and any requested medical maintenance benefit is admitted fewer than twenty days before the hearing or ordered after application for hearing is filed, the court shall award the claimant all reasonable costs incurred in pursuing the medical benefit. Such costs do not include attorney fees.
(5) [Editor's note: This version of subsection (5) is effective January 1, 2028.]
If any party files an application for hearing on whether a claimant is entitled to medical benefits recommended by an authorized treating physician that are unpaid and contested, and any requested medical benefit is admitted fewer than twenty days before the hearing or ordered after application for hearing is filed, the court shall award the claimant all reasonable costs incurred in pursuing the medical benefit. Such costs do not include attorney fees.
(6) (a) If an employer receives notice of injury and the employer or, if insured,
the employer's insurance carrier, after notice of the injury, fails to furnish reasonable and necessary medical treatment to the injured worker for a claim that is admitted or found to be compensable, the employer or carrier shall reimburse the claimant, or any insurer or governmental program that pays for related medical treatment, for the costs of reasonable and necessary treatment that was provided. An employer, insurer, carrier, or provider may not recover the cost of care from a claimant where the employer or carrier has furnished medical treatment except in the case of fraud.
(b) If a claimant has paid for medical treatment that is admitted or found to
be compensable and that costs more than the amount specified in the workers' compensation fee schedule, the employer or, if insured, the employer's insurance carrier, shall reimburse the claimant for the full amount paid. The employer or carrier is entitled to reimbursement from the medical providers for the amount in excess of the amount specified in the worker's compensation fee schedule.
(7) (a) Except as provided in subsections (7)(b) and (7)(c) of this section, a
claimant must submit a request for mileage expense reimbursement for travel reasonably necessary and related to obtaining compensable treatment, supplies, or services specified in subsection (1)(a) of this section to the employer or, if insured, to the employer's insurer no later than one hundred twenty days after the date the expense is incurred, unless good cause for a later submission is shown. Good cause includes a failure by the employer or employer's insurer to provide the notice in the brochure required by section 8-43-203 (3)(c)(IV). Within thirty days after the date the claimant submits the request for mileage expense reimbursement, the employer or employer's insurer shall pay the mileage expenses or, if denying the request, provide written notice to the claimant stating the reason the request was denied.
(b) Within seven days after the date of receipt of a claimant's written request
for advance mileage expenses for travel that is reasonably necessary and related to obtaining compensable treatment, supplies, or services specified in subsection (1)(a) of this section and requires round-trip travel greater than one hundred miles, the employer or the employer's insurer shall pay the advance mileage expenses or, if denying the request, provide written notice to the claimant stating the reason the request was denied.
(c) If advance mileage expense payment is made pursuant to this subsection
(7), and the specific travel for which payment was provided does not occur, the employer or, if insured, the employer's insurer is entitled to a credit in the amount of the payment to be applied against liability for any future mileage expense reimbursements.
Source: L. 90: Entire article R&RE, p. 485, � 1, effective July 1. L. 91: (3)(b)
repealed, p. 694, � 4, effective April 20; (1)(b) and (3) amended and (3.5), (3.6), and (3.7) added, p. 1296, � 10, effective July 1. L. 92: (3.5)(a)(II) amended, p. 2165, � 1, effective June 2; (3.6)(p)(I)(B) amended, p. 1723, � 2, effective July 1. L. 94: (1)(b) amended, p. 311, � 1, effective March 22; (3.5)(k) and (3.6)(r) amended, p. 1457, � 7, effective May 25; (3)(a)(II) amended, p. 2001, � 2, effective July 1. L. 95: (3.6)(g) amended, p. 234, � 1, effective April 17. L. 96: (3.6)(b) and (3.6)(o) amended, p. 268, � 1, effective April 8; (3)(a)(I), (3)(b), (3.5), and (3.6) amended, p. 151, � 2, effective July 1. L. 2002: (1)(c) added, p. 441, � 2, effective May 16. L. 2003: (3.5)(c)(I) and (3.6)(r)(I) amended, p. 918, � 2, effective July 1; IP(3.6) and (3.6)(h) amended, p. 614, � 4, effective July 1; (1)(c) amended, p. 1613, � 4, effective August 6. L. 2004: (3)(a)(I) amended, p. 396, � 4, effective August 4. L. 2007: (3)(a)(I) and (3.6)(k) amended, p. 1471, � 1, effective May 30. L. 2008: (1)(b) and (3)(a)(I) amended, p. 1675, � 1, effective July 1. L. 2009: (3)(a)(I) amended, (SB 09-243), ch. 269, p. 1222, � 2, effective July 1. L. 2010: (5) added, (SB 10-187), ch. 310, p. 1456, � 2, effective July 1. L. 2013: (6) added, (SB 13-285), ch. 301, p. 1593, � 1, effective July 1. L. 2014: (3.5)(a)(I) amended, (HB 14-1227), ch. 363, p. 1735, � 36, effective July 1; (3.5)(c)(I), (3.6)(d), and (3.6)(r)(I) amended, (HB 14-1278), ch. 293, pp. 1197, 1198, �� 1, 3, effective July 1. L. 2015: (2)(b) added, (SB 15-264), ch. 259, p. 942, � 8, effective August 5. L. 2016: (3.5)(a)(I) amended, (SB 16-158), ch. 204, p. 720, � 3, effective August 10. L. 2019: (3.5)(a)(I)(D) and (3.5)(a)(I)(E) added, (HB 19-1105), ch. 77, p. 281, � 1, effective August 2; (3.6)(n) amended, (SB 19-241), ch. 390, p. 3463, � 3, effective August 2; (3.5)(a)(I)(A) and (3.5)(a)(I)(B) amended, (HB 19-1172), ch. 136, p. 1647, � 22, effective October 1. L. 2021: (1)(a) amended and (7) added, (HB 21-1050), ch. 384, p. 2569, � 1, effective September 7. L. 2022: (3.9) added, (HB 22-1354), ch. 476, p. 3470, � 3, effective June 8; (7) amended, (HB 22-1347), ch. 477, p. 3472, � 1, effective August 10. L. 2023: (1)(b) amended, (HB 23-1076), ch. 370, p. 2222, � 2, effective August 7. L. 2025: (3.5)(a)(I)(A), (3.5)(a)(I)(E), (3.5)(c)(I), and (3.6)(r)(I) amended, (3.5)(a)(I)(C) repealed, and (3.5)(a)(I)(D.5) added, (SB 25-186), ch. 285, p. 1470, � 1, effective August 6; (3.6) amended, (SB 25-300), ch. 428, p. 2436, � 4, effective August 6; (3)(a)(I) and (5) amended and (3)(c) added, (HB 25-1300), ch. 442, p. 2545, � 2, effective January 1, 2028.
Editor's note: (1) This section is similar to former � 8-49-101 as it existed
prior to 1990.
(2) Although subsection (3)(b) was repealed by House Bill 91-1100, the repeal
was harmonized with the amendments to the entire subsection (3) by Senate Bill 91-218.
(3) Amendments to subsection (3.6) by House Bill 96-1040 and House Bill
96-1126 were harmonized.
(4) Amendments to subsection (3.6)(r)(I) by SB 25-186 and SB 25-300 were
harmonized.
(5) Section 4(2) of chapter 442 (HB 25-1300), Session Laws of Colorado
2025, provides that the act changing this section applies to workers' compensation claims filed on or after January 1, 2028.
Cross references: For the legislative declaration in SB 16-158, see section 1
of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in HB 25-1300, see section 1 of chapter 442, Session Laws of Colorado 2025.
C.R.S. § 8-42-105
8-42-105. Temporary total disability - hearings. (1) In case of temporary total disability of more than three regular working days' duration, the employee shall receive sixty-six and two-thirds percent of said employee's average weekly wages so long as such disability is total, not to exceed a maximum of ninety-one percent of the state average weekly wage per week. Except where vocational rehabilitation is offered and accepted as provided in section 8-42-111 (3), temporary total disability payments shall cease upon the occurrence of any of the events enumerated in subsection (3) of this section. If vocational rehabilitation is offered and accepted, any party may at any time terminate vocational rehabilitation upon fourteen days' written notice to the other parties and the director. For purposes of this section, termination of vocational rehabilitation shall be the same as if vocational rehabilitation had never been offered and accepted, and the employer or insurance carrier shall not be entitled to recover any temporary total disability benefits paid during the period that vocational rehabilitation was provided.
(2) (a) The first installment of compensation shall be paid no later than the
date that liability for the claim is admitted by the insurance carrier or self-insured employer. If the insurance carrier or self-insured employer denies liability for the claim, the claimant may request an expedited hearing on the issue of compensability if the application is filed within forty-five days after the date of mailing of the notice of contest. The director shall set any such expedited matter for hearing within forty days after the date of the application, when the issue is liability for the disease or injury. The time schedule for such an expedited hearing is subject to the extensions set forth in section 8-43-209. If a claimant elects not to request an expedited hearing pursuant to this paragraph (a), the time schedule for hearing the matter shall be as set forth in section 8-43-209. Compensation shall be paid at least once every two weeks, except where the director determines that payment in installments should be made at some other interval. The director may by rule convert monthly benefit schedules to weekly or other periodic schedules.
(b) Temporary disability compensation is not due and payable for any period
of time for which the insurer or self-insured employer has requested from the employee's attending physician verification of the employee's inability to work resulting from the claimed injury or disease and the physician cannot verify the employee's inability to work, unless the employee has been unable to receive treatment for reasons beyond the employee's control. Failure of the physician to submit such verification, through no fault of the employee, shall not affect the payment of temporary disability compensation under this section.
(c) If an employee fails to appear at an appointment with the employee's
attending physician, the insurer or self-insured employer shall notify the employee by certified mail that temporary disability benefits may be suspended after the employee fails to appear at a rescheduled appointment. If the employee fails to appear at a rescheduled appointment, the insurer or self-insured employer may, without a prior hearing, suspend payment of temporary disability benefits to the employee until the employee appears at a subsequent rescheduled appointment.
(d) If the insurer or self-insured employer has requested and failed to receive
from the employee's attending physician verification of the employee's inability to work resulting from the claimed injury or disease, medical services provided by the attending physician are not compensable until the attending physician submits such verification.
(3) Temporary total disability benefits shall continue until the first
occurrence of any one of the following:
(a) The employee reaches maximum medical improvement;
(b) The employee returns to regular or modified employment;
(c) The attending physician gives the employee a written release to return to
regular employment; or
(d) (I) The attending physician gives the employee a written release to return
to modified employment, such employment is offered to the employee in writing, and the employee fails to begin such employment.
(II) In the case of employment by a temporary help contracting firm, once the
employee has received one written offer of modified employment meeting the requirements of subparagraph (III) of this paragraph (d), the employee shall be deemed to be on notice that modified employment is available. Subsequent offers of modified employment need not be in writing so long as the job requirements of such modified employment are within the restrictions given the employee by the employee's attending physician and the employee is allowed a period of at least twenty-four hours, not including any part of a Saturday, Sunday, or legal holiday, within which to respond to any such offer.
(III) A written offer of modified employment under subparagraph (II) of this
paragraph (d) shall clearly state:
(A) That future offers of employment need not be in writing;
(B) The policy of the temporary help contracting firm regarding how and
when employees are expected to learn of such future offers; and
(C) That benefits under this section will be terminated if an employee fails to
respond to an offer of modified employment.
(4) (a) In cases where it is determined that a temporarily disabled employee
is responsible for termination of employment, the resulting wage loss shall not be attributable to the on-the-job injury.
(b) The claimant's refusal to accept an offer of modified employment under
either of the following conditions does not constitute responsibility for termination:
(I) The offer of modified employment would require the claimant to travel a
distance of greater than fifty miles one way more than the claimant's preinjury commute;
(I.5) The offer of modified employment would require the claimant to drive to
or from the place of employment and an authorized treating physician has restricted the claimant from driving; or
(II) An administrative law judge determines that the claimant's rejection of
the offer of modified employment was reasonable considering the totality of the claimant's circumstances, including accounting for:
(A) The consequences of the industrial injury;
(B) The financial hardship that would be imposed on the claimant in order to
accept the offer of modified employment; or
(C) Any other reasons that would, in the opinion of the administrative law
judge, make it impracticable for the claimant to accept the offer of modified employment.
(c) The circumstances described in paragraph (b) of this subsection (4) are
not exhaustive.
(5) (a) Within forty-five days after an insurer or self-insured employer
terminates an employee's temporary total disability benefits pursuant to subsection (3)(c) of this section, the employee may file an application for an expedited hearing on any of the following issues:
(I) Who the attending physician is;
(II) Whether the attending physician gave the employee a written release to
return to regular employment; and
(III) Whether there is a difference of opinion between authorized treating
medical providers regarding whether the employee is released to return to regular employment.
(b) If an administrative law judge finds there is a difference of opinion as
described in subsection (5)(a)(III) of this section, the employee has the burden of proving by a preponderance of the evidence that, as a proximate result of the claimed injury or disease, the employee is unable to return to regular employment. If the employee meets this burden, the administrative law judge shall reinstate the employee's terminated temporary total disability benefits back to the date of termination.
Source: L. 90: Entire article R&RE, p. 490, � 1, effective July 1. L. 91: Entire
section amended, p. 1304, � 13, effective July 1. L. 92: (2)(a) amended, p. 1824, � 2, effective April 29. L. 96: (3) amended, p. 827, � 2, effective July 1. L. 99: (4) added, p. 266, � 2, effective July 1. L. 2009: (2)(a) amended, (SB 09-070), ch. 49, p. 175, � 1, effective August 5. L. 2010: (4) amended, (SB 10-187), ch. 310, p. 1458, � 5, effective July 1. L. 2023: (5) added, (HB 23-1076), ch. 370, p. 2223, � 3, effective August 7. L. 2024: (4)(b)(I) amended and (4)(b)(I.5) added, (HB 24-1220), ch. 389, p. 2692, � 1, effective August 7.
Editor's note: This section is similar to former � 8-51-102 as it existed prior to
1990.
C.R.S. § 8-42-106
8-42-106. Temporary partial disability. (1) In case of temporary partial disability, the employee shall receive sixty-six and two-thirds percent of the difference between the employee's average weekly wage at the time of the injury and the employee's average weekly wage during the continuance of the temporary partial disability, not to exceed a maximum of ninety-one percent of the state average weekly wage per week. Temporary partial disability shall be paid at least once every two weeks.
(2) Temporary partial disability payments shall continue until the first
occurrence of either one of the following:
(a) The employee reaches maximum medical improvement; or
(b) (I) The attending physician gives the employee a written release to return
to modified employment, such employment is offered to the employee in writing, and the employee fails to begin such employment.
(II) In the case of employment by a temporary help contracting firm, once the
employee has received one written offer of modified employment meeting the requirements of subparagraph (III) of this paragraph (b), the employee shall be deemed to be on notice that modified employment is available. Subsequent offers of modified employment need not be in writing so long as the job requirements of such modified employment are within the restrictions given the employee by the employee's attending physician and the employee is allowed a period of at least twenty-four hours, not including any part of a Saturday, Sunday, or legal holiday, within which to respond to any such offer.
(III) A written offer of modified employment under subparagraph (II) of this
paragraph (b) shall clearly state:
(A) That future offers of employment need not be in writing;
(B) The policy of the temporary help contracting firm regarding how and
when employees are expected to learn of such future offers; and
(C) That benefits under this section will be terminated if an employee fails to
respond to an offer of modified employment.
Source: L. 90: Entire article R&RE, p. 491, � 1, effective July 1. L. 91: Entire
section amended, p. 1306, � 14, effective July 1. L. 96: Entire section amended, p. 828, � 3, effective July 1. L. 2013: (1) amended, (SB 13-285), ch. 301, p. 1594, � 3, effective July 1.
Editor's note: This section is similar to former � 8-51-103 as it existed prior to
1990.
C.R.S. § 8-42-125
8-42-125. Data gathering on workers' compensation system. The governor and the leader of the opposing party in the house of representatives and the leader of the opposing party in the senate shall contract with a person or entity for obtaining information on the workers' compensation system. The person or entity gathering the information shall work solely at the unanimous direction of the governor and the opposition leadership. Issues or topics that will be subject to the information gathering process shall be determined by unanimous decision of the governor and the opposition leadership. The contractor for the gathering of the information shall have complete access to all records of and files in the division of workers' compensation and the office of administrative courts. Such contractor shall guarantee that any information gathered on any individual shall be kept confidential.
Source: L. 94: Entire section added, p. 2003, � 6, effective July 1. L. 2005:
Entire section amended, p. 853, � 9, effective June 1.
C.R.S. § 8-43-401.5
8-43-401.5. Financial incentives to deny or delay claim or medical care - prohibition - penalties. (1) No insurer, employee or contractor of an insurer, self-insured employer, employee or contractor of a self-insured employer, health-care provider, or employee or contractor of a health-care provider treating an injured worker under the provisions of articles 40 to 47 of this title shall pay or receive any form of financial remuneration that is based on any of the following:
(a) The number of days to maximum medical improvement;
(b) The rate of claims approval or denial;
(c) The number of medical procedures, diagnostic procedures, or treatment
appointments approved; or
(d) Any other criteria designed or intended to encourage a violation of any
provision of articles 40 to 47 of this title.
(2) (a) Payment of remuneration in violation of this section constitutes an
unfair act or practice in the business of insurance, and the insurer or self-insured employer who pays or directs the payment of the remuneration shall be subject to penalties in accordance with part 11 of article 3 of title 10, C.R.S.
(b) In addition to, or as an alternative to, any penalties imposed pursuant to
paragraph (a) of this subsection (2), an insurer or self-insured employer who is found to have violated subsection (1) of this section may be subject to fines as determined by the director pursuant to section 8-43-304 (1.5).
(3) Nothing in this section:
(a) Restricts or limits the ability of a claims adjuster or employee or
contracted claims personnel to investigate, detect, or prevent fraud; or
(b) Limits the payment or receipt of financial incentives for any other lawful
purpose.
Source: L. 2010: Entire section added, (SB 10-011), ch. 302, p. 1432, � 2,
effective May 27.
C.R.S. § 8-44-107
8-44-107. Right of insurer to examine books of employer. Any insurance carrier operating under the workers' compensation act may apply to the commissioner of insurance for permission to examine any of the books, payrolls, or other documents of any employer insured by such carrier or of any contractor, subcontractor, lessee, sublessee, or person covered by the employer's compensation insurance to determine the amount of wage expenditure of such employer or of any contractor, subcontractor, lessee, sublessee, or person during any period that such insureds were insured by the insurance carrier. The commissioner of insurance may grant such carrier authority in writing to make the investigation or may appoint any agents of the division of insurance to conduct the investigation.
Source: L. 90: Entire article R&RE, p. 522, � 1, effective July 1.
Editor's note: This section is similar to former � 8-44-108 as it existed prior to
1990.
C.R.S. § 8-44-206
8-44-206. Guaranty fund - immediate payment fund - legislative declaration. (1) The general assembly hereby finds and declares that benefits awarded under articles 40 to 47 of this title to claimants employed by self-insurers may be unreasonably delayed or not paid at all if receipt of the proceeds of the bond required of the self-insurer is delayed or if the self-insurer declares bankruptcy or has insufficient reserves to cover the claim. The general assembly further finds and declares that the creation of an immediate payment fund and a guaranty fund will assure prompt and complete payment of benefits awarded to such claimants.
(2) Repealed.
(3) Immediate payment fund - assessments - creation of fund. (a) The
director shall impose an assessment upon each employer self-insured under section 8-44-201. Assessments under this subsection (3) shall be based upon a ratio equal to the self-insured employer's paid workers' compensation medical and indemnity losses for the most recent self-insurance permit year divided by the aggregate sum of paid medical and indemnity losses by all self-insured employers for that year. Such losses shall be determined on July 1, 1990, for the most recently completed permit year, and on the first day of July for each year thereafter until the minimum fund balance has been reached. Contributions to the fund shall not be assets of the self-insured employer.
(b) (I) All moneys received by the executive director pursuant to this
subsection (3) shall be deposited in the state treasury in the immediate payment fund, which fund is hereby created, and all moneys credited to such fund shall be used solely for the administration and payment of benefits to employees pursuant to this section. The general assembly shall make annual appropriations out of such fund for the administration of the fund. The moneys in such fund for the payment of benefits are hereby continuously appropriated to the department for payment of such benefits. Any moneys not utilized in the fund shall not revert to the general fund.
(II) The minimum fund balance shall be three hundred thousand dollars, to be
assessed during the first three years at the rate of one hundred thousand dollars annually. Interest shall accrue to the fund to a maximum fund balance of one million dollars. Thereafter, the fund balance shall be maintained at one million dollars by refunding the excess funds to each self-insured employer, on a pro rata basis, based on that employer's contribution.
(4) Guaranty fund - assessments - creation of fund. (a) When the director
determines that existing security held by an employer self-insured under section 8-44-201 is insufficient to meet its existing liability for workers' compensation benefits, the director shall impose an assessment on each self-insured employer. The assessment shall be based on a ratio which equals each self-insured employer's paid workers' compensation medical and indemnity losses for the most recent self-insurance permit year divided by the aggregate sum of paid medical and indemnity losses by all self-insured employers for that year. If necessary, the executive director may direct the director to make an annual assessment thereafter until such time as the present value of the guaranty fund, created in subsection (4)(b) of this section, equals the total liability for workers' compensation benefits which are in excess of the security held by the defaulting self-insured employers.
(b) (I) All moneys received by the executive director pursuant to this
subsection (4) shall be deposited in the state treasury in the guaranty fund, which fund is hereby created. Such moneys credited to the fund shall be used solely for the administration and payment of benefits to employees pursuant to this section. The general assembly shall make annual appropriations out of such fund for the administration of the fund. The moneys in such fund for the payment of benefits are hereby continuously appropriated to the department for payment of such benefits. Any moneys not utilized in the fund shall not revert to the general fund.
(II) All interest shall accrue to the fund. No amounts shall be refunded until
all liability in excess of security held by self-insured employers has been discharged and until the dates imposing limitations on actions, as specified in sections 8-43-103 and 8-43-303, have passed. When those conditions have been met, the remaining moneys in the fund shall be refunded to each self-insured employer, on a pro rata basis, based on that employer's contribution.
(c) Public entities self-insuring under section 8-44-201 shall be exempt from
and shall not participate in this subsection (4).
(5) The department shall select any claims administrators required under
this section based on the qualifications and requirements established by the director. For the purpose of contracting for such services, the department shall not be subject to articles 101 to 114 of title 24.
Source: L. 90: Entire section added, p. 581, � 1, effective July 1. L. 92: (3)(b)(I)
and (4)(b)(I) amended, p. 1808, � 1, effective March 19. L. 2022: (2) amended, (SB 22-013), ch. 2, p. 6, � 5, effective February 25; (2) repealed and (3)(a), (4)(a), and (5) amended, (HB 22-1347), ch. 477, p. 3475, � 5, effective August 10; (2)(a) amended, (SB 22-162), ch. 469, p. 3384, � 90, effective August 10.
Editor's note: Subsection (2) was amended in SB 22-013 and SB 22-162.
Those amendments were superseded by the repeal of subsection (2) in HB 22-1347, effective August 10, 2022. For the amendments to subsection (2) in SB 22-013 in effect from February 25, 2022, to August 10, 2022, see chapter 2, Session Laws of Colorado 2022. (L. 2022, p. 6.)
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
ARTICLE 45
Pinnacol Assurance
Editor's note: This article was numbered as article 6 of chapter 81, C.R.S.
- The substantive provisions of this article were repealed and reenacted in 1990, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
C.R.S. § 8-46-202
8-46-202. Major medical insurance fund - tax imposed - returns - repeal. (1) (a) There is hereby established a major medical insurance fund to defray medical, surgical, dental, hospital, nursing, and drug expenses and expenses for medical, hospital, and surgical supplies, crutches, apparatus, and vocational rehabilitation, which shall include tuition, fees, transportation, and weekly maintenance equivalent to that which the employee would receive under section 8-42-105 for the period of time that the employee is attending a vocational rehabilitation course, which expenses are in excess of those provided under the Workers' Compensation Act of Colorado for employees who have established their entitlement to disability benefits under said act, whether necessary to promote recovery, alleviate pain, or reduce disability.
(b) The unrestricted year-end balance of the major medical insurance fund,
created pursuant to subsection (1)(a) of this section, for the 1991-92 fiscal year constitutes a reserve, except as described in subsection (1)(b.5) of this section, as defined in section 24-77-102 (12), and, for purposes of section 24-77-103:
(I) Any moneys credited to the major medical insurance fund in any
subsequent fiscal year shall be included in state fiscal year spending, as defined in section 24-77-102 (17), C.R.S., for such fiscal year; and
(II) Any transfers or expenditures from the major medical insurance fund in
any subsequent fiscal year shall not be included in state fiscal year spending, as defined in section 24-77-102 (17), C.R.S., for such fiscal year.
(b.5) (I) For state fiscal years commencing on or before July 1, 2024, and on
or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the major medical insurance fund to the major medical insurance fund.
(II) Notwithstanding any subsection of this section to the contrary, for the
state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the major medical insurance fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer one million six
hundred twenty-eight thousand two hundred sixty-five dollars from the major medical insurance fund to the general fund.
(B) This subsection (1)(b.5)(III) is repealed, effective July 1, 2026.
(c) Moneys in the major medical insurance fund are continuously
appropriated to the division for the payment of benefits as provided in this section and legal fees.
(1.5) (a) Notwithstanding any provision of this section to the contrary, on May
1, 2003, the state treasurer shall deduct one hundred fifty million dollars from the major medical insurance fund and transfer such sum to the general fund.
(b) On July 1, 2003, the state controller shall transfer ten million dollars from
the general fund to the major medical insurance fund.
(1.6) Notwithstanding any provision of this section to the contrary, on March
30, 2009, the state treasurer shall deduct sixty-nine million five hundred thousand dollars from the major medical insurance fund and transfer such sum to the general fund.
(1.7) Notwithstanding any provision of this section to the contrary, on March
31, 2010, the state treasurer shall deduct twenty-six million five hundred thousand dollars from the major medical insurance fund and transfer such sum to the general fund.
(1.8) Notwithstanding any provision of this section to the contrary, on June
30, 2011, the state treasurer shall deduct ten million dollars from the major medical insurance fund and transfer such sum to the general fund.
(1.9) Notwithstanding any provision of this section to the contrary, on June
30, 2025, the state treasurer shall transfer fifteen million dollars from the major medical insurance fund to the general fund.
(2) The director shall administer the major medical insurance fund and is
hereby given jurisdiction to enforce the provisions of this article. The director shall administer and conduct all matters involving the major medical insurance fund in the name of the division, and, in that name and without any other name, title, or authority, the director may:
(a) (I) Sue and be sued in all the courts of this state, of any other state, or of
the United States and in actions arising out of any act, deed, matter, or thing made, omitted, entered into, done, or suffered in connection with the major medical insurance fund and the administration or conduct of matters relating thereto, including the authority to employ counsel to represent the fund in any action.
(II) Nothing in this paragraph (a) shall be construed to waive any provisions of
the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., nor shall it be construed to waive immunity of the state of Colorado from suit in federal court, guaranteed by the eleventh amendment to the constitution of the United States.
(b) Make and enter into contracts or obligations relating to the major
medical insurance fund as authorized or permitted under the provisions of articles 40 to 47 of this title, but neither the director nor any officer or employee of the division shall be personally liable in any private capacity for or on account of any act done or omitted or contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud in connection with the administration or conduct of the major medical insurance fund, its business, or other affairs relating thereto;
(c) Contract with physicians, surgeons, and hospitals for medical and
surgical treatment, services and supplies, crutches and apparatus, and the care and nursing of injured persons entitled to benefits from said fund and, in addition, may contract for medical, surgical, hospital, and nursing services and supplies in excess of the amount and period otherwise limited in this article if said director determines that the contracting of such extra medical, surgical, hospital, and nursing services and supplies will reduce the period of disability for which said fund would be liable for the payment and compensation.
(3) to (5) Repealed.
Source: L. 90: Entire article R&RE, p. 545, � 1, effective July 1; (1) amended, p.
1844, � 32, effective July 1. L. 93: (1) amended, p. 1505, � 3, effective June 6; (3) to (5) repealed, p. 2143, � 6, effective July 1. L. 2003: (1.5) added, p. 455, � 4, effective March 5. L. 2007: (1)(c) added, p. 608, � 2, effective April 20. L. 2009: (1.6) added, (SB 09-208), ch. 149, p. 618, � 3, effective April 20; (1.7) added, (SB 09-279), ch. 367, p. 1925, � 1, effective June 1. L. 2011: (1.8) added, (SB 11-164), ch. 33, p. 92, � 1, effective March 18. L. 2025: (1.9) added, (SB 25-264), ch. 129, p. 499, � 5, effective April 25; IP(1)(b) amended and (1)(b.5) added, (SB 25-317), ch. 385, p. 2141, � 6, effective June 3.
Editor's note: This section is similar to former � 8-66-102 as it existed prior to
1990.
Cross references: For the legislative declaration in SB 25-317, see section 1
of chapter 385, Session Laws of Colorado 2025.
C.R.S. § 8-46-304
8-46-304. Enforcement powers - violations. (1) The director, in the enforcement of this article, shall have all of the powers granted in the Workers' Compensation Act of Colorado, articles 40 to 47 of this title, and any insurance carrier or self-insurer violating any of the provisions of this article is guilty of a violation of said act and shall be subject to the penalties therein prescribed.
(2) The director shall administer and conduct all matters involving the
medical disaster insurance fund in the name of the division, and, in that name and without any other name, title, or authority, the director may:
(a) (I) Sue and be sued in all courts of this state, of any other state, or of the
United States and in actions arising out of any act, deed, matter, or thing made, omitted, entered into, done, or suffered in connection with the medical disaster insurance fund and the administration or conduct of matters relating thereto, including the authority to employ counsel to represent the fund in any action.
(II) Nothing in this paragraph (a) shall be construed to waive any provisions of
the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., nor shall it be construed to waive immunity of the state of Colorado from suit in federal court, guaranteed by the eleventh amendment to the constitution of the United States.
(b) Make and enter into contracts or obligations relating to the medical
disaster insurance fund as authorized or permitted under the provisions of articles 40 to 47 of this title, but neither the director nor any officer or employee of the division shall be personally liable in any private capacity for or on account of any act done or omitted or contract or other obligation entered into or undertaken in an official capacity in good faith and without intent to defraud in connection with the administration or conduct of the medical disaster insurance fund, its business, or other affairs relating thereto;
(c) Contract with physicians, surgeons, and hospitals for medical and
surgical treatment, services and supplies, crutches and apparatus, and the care and nursing of injured persons entitled to benefits from said fund and, in addition, may contract for medical, surgical, hospital, and nursing services and supplies in excess of the amount and period otherwise limited in this article if said director determines that the contracting of such extra medical, surgical, hospital, and nursing services and supplies will reduce the period of disability for which said fund would be liable for the payment and compensation.
Source: L. 90: Entire article R&RE, p. 550, � 1, effective July 1.
Editor's note: This section is similar to former � 8-65-103 as it existed prior to
1990.
C.R.S. § 8-47-208
8-47-208. Records of employers open to inspection of division. All books, records, and payrolls of employers or of any contractor, subcontractor, lessee, sublessee, or person showing or reflecting in any way upon the amount of wage expenditure of such employers, contractor, subcontractor, lessee, sublessee, or person and all other facts, data, and statistics appertaining to the purposes of this article shall always be open for inspection by the director or any agents of the division for the purpose of ascertaining the correctness of the reported wage expenditure, number of persons employed, and such other information as may be necessary for the uses and purposes of the division in the administration of the Workers' Compensation Act of Colorado.
Source: L. 90: Entire article R&RE, p. 555, � 1, effective July 1.
Editor's note: This section is similar to former � 8-46-102 as it existed prior to
1990.
Cross references: The provisions of the Workers' Compensation Act of
Colorado are contained in articles 40 to 47 of this title 8.
C.R.S. § 8-47-209
8-47-209. Expenses of division. All expenses incurred by the division pursuant to the provisions of the Workers' Compensation Act of Colorado shall be paid from funds appropriated for the use of the division upon claims therefor which shall be itemized and sworn to by the person who incurred the same. The claims shall be allowed by the director subject to the approval of the controller. The traveling expenses of the director or of any employees of the division, incurred while on business of the division outside of the state of Colorado, shall be paid in the manner aforesaid, but only when such expenses are authorized in advance by the controller to be incurred by the division.
Source: L. 90: Entire article R&RE, p. 556, � 1, effective July 1.
Editor's note: This section is similar to former � 8-46-104 as it existed prior to
1990.
Workmen's Compensation
Editor's note: Articles 48 to 54 were numbered as articles 9 to 15 of chapter
81, C.R.S. 1963. For amendments to these articles prior to their repeal in 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Some provisions of these articles were relocated to articles 40 to 47 of this title. For a detailed comparison, see the comparative table located in the back of the index.
ARTICLE 48
Contractors and Lessees
8-48-101 to 8-48-103. (Repealed)
Source: L. 90: Entire article repealed, p. 576, � 77, effective July 1.
ARTICLE 49
Medical, Surgical, and Hospital
8-49-101 and 8-49-102. (Repealed)
Source: L. 90: Entire article repealed, p. 576, � 77, effective July 1.
ARTICLE 50
Dependency
8-50-101 to 8-50-117. (Repealed)
Source: L. 90: Entire article repealed, p. 576, � 77, effective July 1.
ARTICLE 51
Benefits
8-51-101 to 8-51-113. (Repealed)
Source: L. 90: Entire article repealed, p. 576, � 77, effective July 1.
ARTICLE 52
General Provisions
8-52-101 to 8-52-115. (Repealed)
Source: L. 90: Entire article repealed, p. 576, � 77, effective July 1.
ARTICLE 53
Hearing and Review Procedure
8-53-101 to 8-53-130. (Repealed)
Source: L. 90: Entire article repealed, p. 576, � 77, effective July 1.
ARTICLE 54
State Compensation Insurance Authority
8-54-101 to 8-54-127. (Repealed)
Source: L. 90: Entire article repealed, p. 576, � 77, effective July 1.
Workers' Compensation - Continued
ARTICLE 55
Workers' Compensation Classification
Appeals Board
C.R.S. § 8-6-120
8-6-120. Overtime wages for agricultural workers - rules. The director shall promulgate rules providing meaningful overtime and maximum hours protections to agricultural employees to be proposed no later than October 31, 2021, and adopted no later than January 31, 2022. In promulgating such rules, the director shall consider the inequity and racist origins of the exclusion of agricultural employees from overtime and maximum hours protections available to other employees, the fundamental right of all employees to overtime and maximum hours standards that protect the health and welfare of employees, and the unique difficulties agricultural employees have obtaining workplace conditions equal to those provided to other employees.
Source: L. 2021: Entire section added, (SB 21-087), ch. 337, p. 2177, � 4,
effective June 25.
ARTICLE 7
Salaries of Employees in Mining
8-7-101 to 8-7-109. (Repealed)
Source: L. 77: Entire article repealed, p. 292, � 2, effective May 26.
Editor's note: This article was numbered as article 12 of chapter 80, C.R.S.
- For amendments to this article prior to its repeal in 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 7.5
Direct Care Workforce Stabilization Board
8-7.5-101. Short title. The short title of this article 7.5 is the Direct Care
Workforce Stabilization Board Act.
Source: L. 2023: Entire article added, (SB 23-261), ch. 362, p. 2170, � 1,
effective August 7.
8-7.5-102. Definitions. As used in this article 7.5, unless the context
otherwise requires:
(1) Board means the direct care workforce stabilization board created in
section 8-7.5-103.
(2) Department means the department of labor and employment created in
section 24-1-121.
(3) Direct care consumer means:
(a) A home care consumer;
(b) An eligible person; or
(c) An eligible person with a disability, as defined in section 25.5-6-1302 (2).
(4) (a) Direct care employer means:
(I) A home care employer; or
(II) A provider agency or organization that provides direct care services.
(b) Direct care employer does not include an eligible person who
participates in the consumer-directed care service model pursuant to part 11 of article 6 of title 25.5; except that the eligible person is a direct care employer for purposes of appointment of direct care employers to the board pursuant to section 8-7.5-103 (2)(a)(I)(B).
(5) Direct care industry means the industry in which direct care workers
deliver direct care services to direct care consumers in Colorado.
(6) Direct care services means:
(a) Personal care services; or
(b) Any services described in part 3, 4, 6, 7, 9, 11, 12, 13, or 19 of article 6 of
title 25.5 that do not require the individual providing the services to be licensed or certified by the state or the federal government in order to perform the services.
(7) Direct care worker means:
(a) A home care worker;
(b) An employee or independent contractor of a direct care employer, as
defined in subsection (4)(a)(II) of this section, who provides direct care services to direct care consumers, as defined in subsection (3)(b) of this section; or
(c) An individual who provides direct care services to direct care consumers,
as defined in subsection (3)(c) of this section.
(7.5) Eligible person means a person who is eligible to receive services
pursuant to part 3, 4, 6, 7, 9, 11, 12, 13, or 19 of article 6 of title 25.5 or any other home- and community-based service waiver for which the department of health care policy and financing has federal waiver authority.
(8) Employer organization means:
(a) An organization exempt from federal income taxation under section 501
(c)(6) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501, as amended, that represents direct care employers; or
(b) An entity selected by and representing employers.
(9) Executive director means the executive director of the department.
(10) Home care consumer means a home care consumer, as defined in
section 25-27.5-102 (4), who receives personal care services.
(11) Home care employer means a home care agency, as defined in section
25-27.5-102 (3), or other entity that employs home care workers.
(12) Home care worker means a worker providing personal care services to
a home care consumer.
(13) Personal care services has the same meaning as set forth in section
25-27.5-102 (6).
(14) Worker organization means an organization that:
(a) Is exempt from federal income taxation under section 501 (c)(3), (c)(4),
(c)(5), or (c)(6) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501, as amended;
(b) Is not dominated, controlled, or funded by any direct care employer; and
(c) Has at least two years of demonstrated experience engaging and
advocating for direct care workers.
Source: L. 2023: Entire article added, (SB 23-261), ch. 362, p. 2170, � 1,
effective August 7. L. 2025: (3)(b), (4)(b), and (6)(b) amended and (7.5) added, (HB 25-1325), ch. 255, p. 1268, � 1, effective August 6.
8-7.5-103. Direct care workforce stabilization board - creation -
membership. (1) Board creation. The direct care workforce stabilization board is created in the department as a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department and the executive director of the department.
(2) Board membership. (a) The board consists of fifteen members appointed
as follows:
(I) The executive director shall appoint the following members to the board:
(A) A representative of the department;
(B) Four members representing direct care employers or employer
organizations, including at least one member that serves a rural or frontier area of the state;
(C) Four members representing direct care workers or worker organizations,
including at least one member from a rural or frontier area of the state; and
(D) Four members representing direct care consumers who receive direct
care services from direct care workers, including one member from an organization representing individuals with disabilities, one member from an organization representing older adults, and at least one member from a rural or frontier area of the state;
(II) The executive director of the department of health care policy and
financing shall appoint a representative of the department of health care policy and financing to serve on the board; and
(III) The executive director of the department of public health and
environment shall appoint a representative of the department of public health and environment to serve on the board.
(b) The appointing authorities shall make initial appointments to the board by
October 1, 2023. To the extent possible, the appointing authorities shall appoint board members who represent Colorado's diversity with regard to ethnicity, race, gender, sexual orientation, gender identity, gender expression, disability, age, and socioeconomic background.
(3) Terms. (a) (I) Except as provided in subsection (3)(a)(II) of this section,
members of the board serve three-year terms of office and shall not serve more than two consecutive terms of office.
(II) and (III) Repealed.
(b) If a vacancy occurs on the board, the appointing authority for the vacant
position shall fill the position on the board for the remainder of the unexpired term with a member qualified for the vacated position.
(4) Board chair. The board shall elect by a majority vote a member of the
board to serve as the chair of the board.
(5) Meetings and hearings. (a) The board shall convene its first meeting no
later than November 15, 2023, and shall meet at least quarterly thereafter and at other times as determined by the chair for purposes of developing recommendations for minimum direct care employment standards pursuant to section 8-7.5-104.
(b) In addition to the meetings described in subsection (5)(a) of this section,
the board shall host public hearings as described in section 8-7.5-104 (2)(c) to engage with and obtain input from direct care workers, direct care employers, and direct care consumers.
(c) All meetings and hearings of the board must include an option for remote
participation by board members and any other participants in the meetings or hearings.
(6) Voting. The board may take action, including action to recommend
minimum direct care employment standards under section 8-7.5-104, only upon the affirmative vote of at least eight members of the board.
(7) Staffing. The department shall provide staff support to the board as
needed.
(8) No compensation - expense reimbursement. Members of the board
serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing their duties under this article 7.5.
Source: L. 2023: Entire article added, (SB 23-261), ch. 362, p. 2172, � 1,
effective August 7.
Editor's note: Subsection (3)(a)(III) provided for the repeal of subsections
(3)(a)(II) and (3)(a)(III), effective September 1, 2024. (See L. 2023, p. 2172.)
8-7.5-104. Duties of the board - recommendations for minimum direct care
employment standards - analysis of market conditions - public outreach - report. (1) (a) (I) By September 1, 2024, and every two years thereafter, the board shall develop recommendations for minimum direct care employment standards that are reasonably necessary or appropriate to protect and ensure the health and welfare of direct care workers without impeding the dignity and independence of direct care consumers. The recommendations must include, as appropriate, standards for compensation, working hours, and other working conditions for direct care workers. The board shall also develop recommendations on how the state can better communicate information to direct care workers about their rights and about the obligations of direct care employers.
(II) Notwithstanding section 8-7.5-103 (6) and subsection (1)(c) of this
section, the board may extend any recommendations for minimum direct care employment standards developed pursuant to this section to additional types of workers who are determined to provide services that are direct care in nature within Colorado's long-term care delivery system if deemed appropriate by the members of the board appointed pursuant to section 8-7.5-103 (2)(a)(I)(A), (2)(a)(II), and (2)(a)(III).
(b) Any standards recommended by the board pursuant to this article 7.5
must be at least as protective of or beneficial to direct care workers as any other applicable state statute or rule.
(c) As specified in section 8-7.5-103 (6), the board shall not make any
recommendation that does not receive the affirmative vote of at least eight voting members of the board. The board shall record the vote on each recommendation on which the board votes.
(2) (a) In developing recommendations for minimum direct care employment
standards, the board shall:
(I) Investigate the market conditions of the direct care industry in relation to
the Colorado labor market, including existing wages, benefits, working hours, and other working conditions of direct care workers and challenges to direct care employers throughout the state and in specific areas of the state specified by the board;
(II) Investigate other direct care industry models, including direct-care-worker-owned opportunities and the impact of access to worker organizations;
(III) Investigate the impacts of racial and economic injustices on direct care
workers and the direct care consumers to whom they provide direct care services;
(IV) Investigate the adequacy of the reimbursement rate available through
the medical assistance program established in articles 4, 5, and 6 of title 25.5;
(V) Host public meetings in accordance with subsection (2)(c) of this section
for purposes of engaging with and obtaining input from direct care workers, direct care employers, and direct care consumers; and
(VI) Endeavor to develop minimum direct care employment standards that
meet or exceed the existing industry conditions that apply to a majority of direct care workers in the state or in specified areas of the state.
(b) The board shall consider the following information in developing
recommendations for minimum direct care employment standards:
(I) Data concerning wage rates, benefits, working hours, and other working
conditions, which data is collected by or submitted to the board and relates to direct care workers in the state or in the areas specified by the board;
(II) Data concerning the reimbursement rate through the medical assistance
program established in articles 4, 5, and 6 of title 25.5;
(III) Statements showing wage rates paid to, benefits provided to, and
working hours and other working conditions of direct care workers in the areas specified by the board;
(IV) Signed collective bargaining agreements applicable to direct care
workers in the state or in the areas specified by the board;
(V) Testimony and information provided by current and former direct care
workers, worker organizations, direct care employers, employer organizations, direct care consumers, and organizations representing direct care consumers;
(VI) Local jurisdiction minimum direct care employment standards;
(VII) Any recommendations and findings from previous and existing working
groups that the board considers relevant, including any direct care workforce collaborative stakeholder groups convened by the department of health care policy and financing and the home care advisory committee created in section 25-27.5-104 (3);
(VIII) Information submitted by or obtained from state and local government
agencies;
(IX) Data and analysis that the department of health care policy and
financing shall provide to the board regarding the direct care workforce that serves recipients of the medical assistance program established pursuant to articles 4, 5, and 6 of title 25.5 and context, expertise, or feedback that the department of health care policy and financing shall provide to the board, when relevant to the recommendations the board is developing, that is specific to the potential impacts of the recommendations on the medical assistance program established pursuant to articles 4, 5, and 6 of title 25.5; and
(X) Any other information pertinent to the determination of minimum direct
care employment standards.
(c) (I) The board shall endeavor to engage as many direct care workers as
possible in investigating the direct care industry market conditions and in developing recommendations for minimum direct care employment standards and improved communications. To facilitate outreach to direct care workers and direct care consumers, the board shall develop a public education and communication plan in order to inform direct care workers and direct care consumers of the board, its purpose, its meetings and hearings, and the right of direct care workers and direct care consumers to participate in the board's meetings and hearings, its market conditions investigation, and its development of recommendations for minimum direct care employment standards. The plan must be culturally competent and use targeted methods that will effectively engage direct care workers and direct care consumers, including advertising and other marketing tools, and must include an option for direct care workers and direct care consumers to provide the direct care worker's, direct care employer's, or direct care consumer's name, mailing address, email address, and telephone number for purposes of receiving ongoing communications from the board about opportunities for engagement with the board.
(II) For purposes of facilitating engagement with and input from direct care
workers, direct care employers, and direct care consumers, the board shall host at least four public hearings before finalizing its initial recommendations for minimum direct care employment standards. The board shall:
(A) Schedule public hearings at variable times of the day and days of the
week throughout the year, including at least one meeting scheduled on a weekend, one meeting scheduled in the evening, and one meeting scheduled in the morning;
(B) Provide notice of each hearing, including the date, time, and location of
the hearing and the name and contact information for each member of the board, at least thirty days in advance of the hearing and shall enlist assistance from the department of labor and employment and the department of health care policy and financing, as well as employer organizations, worker organizations, consumer advocacy groups, and other stakeholders in the direct care industry, to provide notice of the hearing to direct care workers, direct care employers, direct care consumers, and other interested parties; and
(C) Include in the notice an option for direct care workers, direct care
employers, and direct care consumers to provide the direct care worker's, direct care employer's, or direct care consumer's name, mailing address, email address, and telephone number for purposes of receiving ongoing communications from the board regarding the activities of the board and opportunities for direct care workers, direct care employers, and direct care consumers to participate in hearings and to provide input to the board. A department or other entity that receives an indication of interest from a direct care worker, a direct care employer, or a direct care consumer shall forward that information to the board.
(3) (a) By September 1, 2024, the board shall report any recommendations
for initial standards for direct care worker compensation, working hours, and other working conditions, including recommendations for legislation or administrative rules or orders, that the board approves in accordance with section 8-7.5-103 (6) to the governor and to the business affairs and labor committee of the house of representatives and the business, labor, and technology committee of the senate, or their successor committees.
(b) No later than two years after the board reports its initial minimum direct
care employment standards recommendations pursuant to subsection (3)(a) of this section, and at least once every two years thereafter, the board shall conduct a review of the direct care industry and develop recommendations in accordance with subsections (1) and (2) of this section. The board shall report its recommendations as specified in subsection (3)(a) of this section.
(c) In addition to the board's biennial review of the direct care industry
pursuant to subsection (3)(b) of this section, the executive director may convene the board at other times to conduct a review of minimum direct care employment standards if the executive director determines that a review is necessary.
(3.5) The board shall investigate health-care benefits for the direct care
workforce, including the overall costs within the industry in comparison to other similar industries, the implications of a family caregiver model for direct care workers on health insurance costs and medicaid rates, innovative solutions for improving quality of care and reducing the cost of care and how to fund the health-care benefits, and whether medicaid reimbursement can contribute to the cost of these health-care benefits.
(4) Nothing in this section:
(a) Limits the rights of parties to a collective bargaining agreement to
bargain and agree with respect to direct care employment standards;
(b) Diminishes the obligation of a direct care employer to comply with any
contract, collective bargaining agreement, or employment benefit program or plan that meets or exceeds, and does not conflict with, any minimum direct care employment standards enacted into law or adopted by rule; or
(c) Diminishes the rights of an eligible person participating in the consumer-directed care service model pursuant to part 11 of article 6 of title 25.5 to control
and manage the eligible person's services, including the right to hire, fire, schedule, and set wages for direct care workers who provide direct care services to the eligible person within parameters set in current state and local law.
Source: L. 2023: Entire article added, (SB 23-261), ch. 362, p. 2174, � 1,
effective August 7. L. 2025: (3.5) added, (HB 25-1328), ch. 263, p. 1347, � 2, effective August 6; (4)(c) amended, (HB 25-1325), ch. 255, p. 1269, � 2, effective August 6.
Cross references: For the legislative declaration in HB 25-1328, see section 1
of chapter 263, Session Laws of Colorado 2025.
8-7.5-105. Notice to direct care workers - duty of direct care employers -
posting on state websites - board review and recommendations - rules. (1) (a) Starting January 1, 2025, each direct care employer shall annually provide a notice to direct care workers employed by the direct care employer informing the direct care workers of the following:
(I) The rights of direct care workers and the obligations of direct care
employers provided under this article 7.5, including their rights to participate in public hearings that the board conducts and to provide written or oral testimony to the board;
(II) All current minimum direct care employment standards and any local
jurisdiction minimum direct care employment standards; and
(III) The contact information for, and a statement that the direct care worker
may contact, the department for assistance and information regarding the rights and obligations under this article 7.5 and any standards described in subsection (1)(a)(II) of this section.
(b) A direct care employer shall provide the notice described in subsection
(1)(a) of this section using the same means that the direct care employer uses to provide other work-related notices to direct care workers.
(c) (I) The board shall make available to direct care employers a template or
sample notice that satisfies the requirements of this section and rules adopted by the department pursuant to this title 8 regarding other required employer notices pertaining to wages, pay equity, labor conditions, and family and medical leave benefits. Direct care employers shall provide the board with copies of any notices given to direct care workers pursuant to this section.
(II) The board shall provide, in an accessible format, the template or sample
notice described in subsection (1)(c)(I) of this section to an eligible person participating in the consumer-directed care service model pursuant to part 11 of article 6 of title 25.5.
(2) The department of labor and employment, the department of health care
policy and financing, and the department of public health and environment shall post the notice described in subsection (1) of this section on their respective public-facing websites.
(3) (a) The board shall review the manner in which direct care workers are
informed of their rights and the obligations of direct care employers under this article 7.5 and under other applicable state statutes and rules and shall make recommendations to the department of labor and employment, the department of health care policy and financing, and the department of public health and environment on methods to improve the state's ability to communicate with direct care workers regarding the workers' rights and the obligations of direct care employers.
(b) The departments specified in subsection (3)(a) of this section shall review
the board recommendations and adopt or amend any rules the departments determine would improve the transmission of information to direct care workers.
Source: L. 2023: Entire article added, (SB 23-261), ch. 362, p. 2178, � 1,
effective August 7. L. 2025: (1)(c)(II) amended, (HB 25-1325), ch. 255, p. 1269, � 3, effective August 6.
8-7.5-106. Retaliation. (1) A direct care employer shall not retaliate against
a direct care worker, including taking retaliatory personnel action, for:
(a) Exercising any right afforded to the direct care worker under this article
7.5; or
(b) Participating in any process or proceeding under this article 7.5, including
board hearings, investigations, or other proceedings.
(2) A direct care employer shall not retaliate against a direct care consumer
for advocating for a direct care worker or assisting a direct care worker in reporting misconduct to the department. Retaliation includes dropping a direct care consumer from services because the direct care consumer advocated for direct care workers.
Source: L. 2023: Entire article added, (SB 23-261), ch. 362, p. 2179, � 1,
effective August 7.
8-7.5-107. Repeal of article - subject to review. This article 7.5 is repealed,
effective September 1, 2029. Before the repeal, the board is scheduled for review in accordance with section 24-34-104.
Source: L. 2023: Entire article added, (SB 23-261), ch. 362, p. 2179, � 1,
effective August 7.
8-7.5-108. Direct care employers - direct care worker rights training -
direct care worker communication platform - direct care worker website. (1) By January 1, 2026, the department shall collaborate with the board and any other entities deemed relevant by the department to establish a comprehensive know your rights training for direct care workers that includes information concerning:
(a) The direct care worker base wage;
(b) Wages and hours for overtime work;
(c) The Healthy Families and Workplaces Act, part 4 of article 13.3 of this
title 8;
(d) The Family Care Act, part 2 of article 13.3 of this title 8;
(e) The federal Patient Protection and Affordable Care Act, Pub.L. 111-148,
as it relates to worker rights;
(f) Travel time rules, as the rules relate to the employment of direct care
workers;
(g) Civil rights protected by Colorado law that are relevant to the
employment of direct care workers;
(h) Where a direct care worker can learn more about the topics covered in
the training;
(i) Where and how to file a complaint, including rights secured under the
Protecting Opportunities and Workers' Rights Act, Senate Bill 23-172, enacted in 2023; and
(j) The contents of the website established in section 25.5-1-208, how to use
the communication platform established in section 25.5-1-208, the benefits to the direct care worker of participation in the communication platform, how direct care worker contact information will be used, and how to opt in to and opt out of the communication platform.
(2) The department shall:
(a) Ensure that the comprehensive know your rights training required to be
established by subsection (1) of this section is available to direct care workers and direct care employers;
(b) Allow worker organizations to participate in the know your rights
training;
(c) Allow representatives of the board to participate in the know your
rights trainings;
(d) Not charge a fee to direct care employers or direct care workers for the
know your rights training;
(e) Report periodically to the board concerning direct care worker
completion of the know your rights training; and
(f) Provide a certification of completion of the know your rights training to
the direct care worker.
(3) A direct care employer shall:
(a) On or before October 1, 2026, or within ninety days after the direct care
worker website and the communication platform are established pursuant to section 25.5-1-208 (2), whichever is earlier, require each direct care worker to provide documentation of a completed know your rights training administered by the department;
(b) Distribute a direct care worker-specific notice of rights developed by the
department in coordination with the board and the department of health care policy and financing pursuant to section 25.5-1-208 (3)(a) to each direct care worker employed by the employer and to each new direct care worker at the time of hire that includes:
(I) Know your rights training information;
(II) The contents of the direct care worker website and communication
platform;
(III) How to opt in to the communication platform and the potential benefits
of opting in to the communication platform;
(IV) How to use the communication platform;
(V) How and what direct care worker contact information may be shared; and
(VI) How to opt out of the communication platform and communications from
the communication platform; and
(c) Inform all employees about the direct care worker website and
communication platform established by the department of health care policy and financing pursuant to section 25.5-1-208.
Source: L. 2025: Entire section added, (HB 25-1328), ch. 263, p. 1347, � 3,
effective August 6.
Cross references: For the legislative declaration in HB 25-1328, see section 1
of chapter 263, Session Laws of Colorado 2025.
8-7.5-109. Compliance assistance - violations - enforcement. (1) The
director of the division of labor standards and statistics shall provide compliance assistance to direct care employers as warranted and shall investigate leads concerning possible violations of the training and notice requirements set forth in this article 7.5 and other alleged labor violations against direct care workers that, in the director's good faith discretion and judgment, warrant investigation.
(2) The director of the division of labor standards and statistics shall enforce
compliance and shall impose a fine on a direct care employer that violates this article 7.5 of one hundred dollars for each direct care worker affected by each violation. A direct care employer that demonstrates a good faith effort to comply with this article 7.5 is not subject to a fine for the employer's first violation for a worker covered by the violation. The director shall double the amount of the fine for each violation after a prior violation of the same or similar type within five years. The division shall transmit the money collected from fines imposed pursuant to this subsection (2) to the state treasurer, who shall credit the money to the wage theft enforcement fund created in section 8-4-113 (3).
Source: Entire section added, (HB 25-1328), ch. 263, p. 1349, � 3, effective
August 6.
Cross references: For the legislative declaration in HB 25-1328, see section 1
of chapter 263, Session Laws of Colorado 2025.
ARTICLE 8
Truck System Abolished
8-8-101 to 8-8-109. (Repealed)
Source: L. 95: Entire article repealed, p. 194, � 6, effective April 13.
Editor's note: This article was numbered as article 20 of chapter 80, C.R.S.
- For amendments to this article prior to its repeal in 1995, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 9
Assignment of Wages
Cross references: For wage assignments in relation to child support or
maintenance, see � 14-14-111.5.
C.R.S. § 8-67-107
8-67-107. Powers of the board - rules. (1) The board has the following powers and duties:
(a) To establish standards and criteria for payment of benefits from the fund;
(b) To set minimum and maximum benefit rates; except that benefits paid by
the fund shall not exceed the maximum allowed under articles 40 to 47 of this title 8 or set forth by order of the director. Minimum benefit rates shall be at the level required by articles 40 to 47 of this title 8 unless the fund lacks sufficient money as determined by the board. If benefits are paid below the amount mandated by articles 40 to 47 of this title 8, benefits shall be prioritized and paid as follows:
(I) Medical benefits;
(II) Funeral benefits;
(III) Temporary disability;
(IV) Death benefits;
(V) Permanent total disability;
(VI) Permanent partial disability;
(VII) Disfigurement.
(c) To adjust claims, which may be performed by contracting with any
appropriate entities designated as third-party administrators. Designation of a third-party administrator is subject to the approval of the director.
(d) To pay the expenses of the board as authorized by this section;
(e) To disseminate information regarding the fund;
(f) To adopt rules as necessary to carry out the purposes of this article 67,
including rules regarding admission to the fund and payment of benefits in order to ensure the financial stability of the fund;
(g) To investigate claims brought for benefits and to adjust, compromise,
settle, and pay covered claims to the extent permitted by statute and rule; to deny payment of benefits from the fund of all other claims and to review settlements, releases, and final orders to which the uninsured employer and injured worker were parties; and to determine the extent to which such settlements, releases, and orders may effect eligibility for benefits.
(2) The board may:
(a) Employ or retain persons as necessary to handle claims and perform
other duties of the board;
(b) Intervene as a party before any court or administrative tribunal in this
state that has jurisdiction over an uninsured employer or other party potentially responsible for payment of benefits;
(c) Negotiate and become a party to contracts as necessary to carry out the
purposes of this article 67;
(d) Perform other acts necessary or proper to effectuate the purposes of this
article 67;
(e) Purchase or otherwise obtain insurance and reinsurance policies to limit
the liability of the fund for payment of benefits under this article 67; and
(f) Deny entry to the fund or payment of benefits if the underlying claim
appears to be premised on fraudulent activity.
Source: L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1700, � 1,
effective July 1.
C.R.S. § 8-67-108
8-67-108. Plan of operation - rules. (1) The board shall, by rule, adopt a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the fund.
(2) If the board fails to adopt a plan of operation on or before September 1,
2018, the director shall, after notice and hearing, adopt and promulgate reasonable rules as necessary or advisable to effectuate this article 67. The rules shall continue in force until modified or superseded by the board.
(3) The plan of operation shall:
(a) Establish the procedures by which all the powers and duties of the board
under section 8-67-107 will be performed;
(b) Establish the amount and method of reimbursing members of the board
under section 8-67-106 (4);
(c) Establish procedures by which claims may be filed with the board,
including establishing acceptable forms of proof of covered claims;
(d) Establish procedures for pursuing actions against uninsured employers
pursuant to section 8-67-110;
(e) Establish regular places and times for meetings of the board;
(f) Establish procedures for maintaining records of all financial transactions
of the board;
(g) Contain additional provisions necessary or proper for the execution of the
powers and duties of the board; and
(h) Establish procedures for contracting with third-party administrators to
administer claims paid by the fund.
Source: L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1701, � 1,
effective July 1.
C.R.S. § 8-70-114
8-70-114. Employing unit - definitions - rules - employee leasing company certification fund. (1) (a) Employing unit means any individual or type of organization, including any partnership, limited liability partnership, limited liability company, limited liability limited partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor of a trustee, or legal representative of a deceased person, that employs one or more individuals performing services within this state. All individuals performing services within this state for any employing unit that maintains two or more separate establishments within this state are deemed to be employed by a single employing unit for all the purposes of articles 70 to 82 of this title 8. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit are deemed to be employed by the employing unit for all the purposes of articles 70 to 82 of this title 8, whether the individual was hired or paid directly by the employing unit or by the agent or employee if the employing unit had actual or constructive knowledge of the work.
(b) Nothing in this section shall be construed to mean that a common
paymaster, as defined by 26 CFR 31.3121(s)-1 (b)(2)(i), may be considered a single employing unit for purposes of considering the services performed by another employing unit subject to a single or common payroll.
(c) Notwithstanding subsections (1)(a) and (1)(b) of this section, an
employing unit includes an employee leasing company or other employing entity that is owned by one or more persons licensed pursuant to article 10 of title 44 and that own at least fifty percent of an entity that shares the employee leasing company's or other employing entity's services. An employing unit described in this subsection (1)(c) is not a common paymaster for the purposes of articles 70 to 82 of this title 8.
(2) (a) For purposes of this section:
(I) Coemployer means either an employee leasing company or a work-site
employer.
(II) Coemployment relationship means a relationship that is intended to be
an ongoing relationship rather than a temporary or project specific one, wherein the rights, duties, and obligations of an employer that arise out of an employment relationship have been allocated between coemployers pursuant to an employee leasing company contract and this section. In a coemployment relationship:
(A) The employee leasing company is entitled to enforce only such employer
rights and is subject to only those obligations specifically allocated to the employee leasing company by the employee leasing company contract and this section;
(B) The work-site employer may enforce those rights and shall provide and
perform those employer obligations allocated to the work-site employer by the employee leasing company contract and this section; and
(C) The work-site employer may enforce any right and shall perform any
obligation of an employer not specifically allocated to the employee leasing company by the employee leasing company contract or this section.
(III) (A) Covered employee or work-site employee means an individual
who is in an employment relationship with both an employee leasing company and a work-site employer and has received written notice of the coemployment with the employee leasing company.
(B) The provisions of sub-subparagraph (A) of this subparagraph (III) relate
solely to the employee leasing contract and not to any contract for workers' compensation insurance or entitlement to workers' compensation benefits.
(IV) Department means the department of labor and employment.
(V) Employee leasing company means any person, business, or other entity
that provides services to a work-site employer, as defined in subparagraph (VII) of this paragraph (a), pursuant to an employee leasing company contract, as defined in subparagraph (VI) of this paragraph (a).
(VI) Employee leasing company contract means any written staff leasing
contract, extended employee staffing or supply contract, or other contract under which an employee leasing company procures or receives from a work-site employer specified coemployer responsibilities for specified employees, designating itself as employer of such employees, and retaining the right of direction and control of such employees with regard to those employer responsibilities, including the rights and responsibilities set forth in paragraph (b) of this subsection (2). An employee leasing company may have other responsibilities pursuant to an employee leasing company contract, including provision of professional guidance with regard to employment matters.
(VII) Work-site employer means any person, business, or other entity that
procures the services of an employee leasing company under an employee leasing company contract and otherwise retains direction and control of the employees specified in the contract regarding responsibilities not specified in the contract pertaining to the business of the work-site employer.
(b) Notwithstanding subsection (1) of this section, an employee leasing
company shall be considered an employing unit or the coemployer of a work-site employer's employees if, pursuant to an employee leasing company contract with the work-site employer, it has the following rights and responsibilities:
(I) The employee leasing company, as the employing unit or the co-employer,
assigns employees to the work-site employer's locations;
(II) The employee leasing company, as the employing unit or co-employer,
retains the right to set the employees' rate of pay;
(III) The employee leasing company, as the employing unit or co-employer,
retains the right to pay the employee from its own account or accounts;
(IV) The employee leasing company, as the employing unit or co-employer,
retains the right to direct and control the employees and such rights and responsibilities may be shared as specified in the employee leasing company contract;
(V) The employee leasing company, as the employing unit or co-employer,
has the right to discharge, reassign, or hire employees to perform services for the work-site employer and the employee leasing company;
(VI) The employee leasing company, as the employing unit or co-employer,
has the responsibility for payment of wages to the workers pursuant to the employee leasing company contract. The employee leasing company, as the employing unit or co-employer, has responsibility for reporting, withholding, and paying any applicable taxes and premiums with respect to the employee's wages or payment of sponsored employee benefit plans pursuant to the employee leasing company contract.
(VII) (A) Each employee leasing company shall pay wages and collect, report,
and pay all payroll-related taxes and premiums from its own accounts for all covered employees. Each employee leasing company shall be responsible for the payment of unemployment compensation insurance premiums and provide, maintain, and secure all records and documents required of work-site employers under the unemployment insurance laws of this state for covered employees.
(B) No later than the end of the calendar quarter immediately following
August 5, 2009, each employee leasing company shall notify the division of unemployment insurance as to whether the employee leasing company elects to report and pay unemployment insurance premiums as the employing unit under its own unemployment accounts and premium rates or whether it elects to report unemployment premiums attributable to covered employees under the respective unemployment accounts and premium rates for each work-site employer. Under either election, the employee leasing company shall have the responsibility for unemployment compensation insurance as required of an employer pursuant to the Colorado Employment Security Act, articles 70 to 82 of this title. If the employee leasing company fails to make an election, the employee leasing company shall report unemployment premiums attributable to covered employees under the respective unemployment accounts and premium rates for each work-site employer.
(C) The election made in sub-subparagraph (B) of this subparagraph (VII)
shall be binding on all employers and the employing unit's related enterprises, subsidiaries, or other entities that share common ownership management or control with the employee leasing company. Employee leasing companies electing to report and pay unemployment insurance as the employing unit under its own unemployment accounts and premium rates following August 5, 2009, are permitted to change the election one time after the initial election to report unemployment premiums attributable to covered employees under the respective unemployment accounts of each work-site employer by notifying the division no later than the end of the current calendar quarter. An employee leasing company's election to pay unemployment premiums under the respective unemployment accounts and premium rates of the work-site employer is final and may not be reversed.
(VIII) An employee leasing company, as the employing unit or coemployer,
may aggregate all employees for the purpose of sponsoring and administering workers' compensation plans pursuant to article 44 of this title and fully insured health coverage plans, as defined in section 10-16-102 (34), C.R.S., employee pension benefit plans, and provision of benefits pursuant to such plans. As employing units or coemployers, employee leasing companies shall be entitled to sponsor fully insured employer plans and offer employee benefits to the full extent afforded employers by law. A health plan sponsored by an employee leasing company with an aggregate of more than fifty employees shall comply with all the provisions of Colorado law that apply to large employer health plans, including consumer and provider protections, mandated benefits, nondiscrimination and fair marketing rules, preexisting limitations, and other required health plan policy provisions, and the carrier underwriting the plan shall be responsible for assuring compliance with this requirement pursuant to section 10-16-214 (5), C.R.S. Notwithstanding any provision of this section to the contrary, any workers' compensation insurance carrier may issue an insurance policy that insures either the employee leasing company or the work-site employer as the employer pursuant to the Workers' Compensation Act of Colorado, articles 40 to 47 of this title. Article 41 of this title shall apply to both the employee leasing company and the work-site employer, regardless of whether the policy is issued to the employee leasing company or the work-site employer. Notwithstanding any provision of this section to the contrary, any insurance carrier may issue an insurance policy that insures the employee leasing company as the employer pursuant to article 16 of title 10, C.R.S. An insurance carrier that issues an insurance policy to an employee leasing company shall be entitled to rely upon a copy of the certification filed by the employee leasing company with the department under paragraph (e) of this subsection (2), if such certification is currently valid, for the purpose of determining whether the leasing company is an employer under Colorado law.
(IX) The employee leasing company retains the right to provide for the
welfare and benefit of the employees through such programs as professional guidance including, but not limited to, employment training, safety, and compliance matters;
(X) The employee leasing company, as the employing unit or co-employer,
has the responsibility for addressing employee complaints, claims, or requests related to employment, except as otherwise provided pursuant to an existing collective bargaining agreement; except that some or all of the rights and responsibilities described in this subparagraph (X) may be shared with the work-site employer;
(XI) The employee leasing company, as the employing unit or co-employer,
intends to retain the right to maintain the employment relationship between the employee leasing company and its employees on a long-term, and not temporary, basis;
(XII) The employees of the employee leasing company know of and consent
to co-employment by the employee leasing company;
(XIII) The employee leasing company maintains employee records relating to
employees of the employee leasing company; and
(XIV) Except as otherwise provided in the employee leasing company
contract, the work-site employer has the responsibility for those policies and procedures related to the actual conduct of the work that leads to the work-site employer's conduct of its business and the production of its goods or services.
(c) (Deleted by amendment, L. 97, p. 207, � 2, effective April 8, 1997.)
(d) If an employee leasing company does not meet the requirements of this
subsection (2), the work-site employer shall be considered the employing unit.
(e) Each employee leasing company shall maintain and have open for
inspection by the department a listing of its work-site employers and their collective employees and shall maintain the records and reports as required by the Colorado Employment Security Act, as described in articles 70 to 82 of this title. Each employee leasing company shall annually certify with an independent opinion of counsel to the department that it is in compliance with the rights and responsibilities set forth in paragraph (b) of this subsection (2) and that it is offering to all clients in its service agreements those items required in paragraph (b) of this subsection (2). The executive director of the department shall prescribe forms and promulgate rules to promote the efficient administration of this paragraph (e). The department may require employee leasing companies to submit documentation to show compliance with the provisions of paragraph (b) of this subsection (2) and may conduct any necessary review to verify that the employee leasing company is an employing unit or coemployer under this section. Each employee leasing company shall file an annual renewal of its certification on or before June 30 of each year.
(f) Each employee leasing company shall maintain and provide upon request
to a carrier, as defined in section 10-16-102 (8), C.R.S., with which the employee leasing company requests a contract, the certification required in paragraph (e) of this subsection (2).
(g) (I) Each employee leasing company operating within this state as of
August 5, 2008, shall complete its initial certification not later than sixty days after August 5, 2008. The initial certification shall be valid until the end of the state's first fiscal year that is more than one year after August 5, 2008.
(II) An employee leasing company not operating within this state as of
August 5, 2008, shall complete its initial certification prior to commencement of operations within this state.
(III) Each employee leasing company shall annually certify and provide
evidence to the department that it meets one of the following criteria to provide securitization of unemployment premiums:
(A) Repealed.
(A.5) On and after December 31, 2012, execute and file a surety bond or
deposit with the division money or a letter of credit equivalent to fifty percent of the average annual amount of unemployment premium assessed within the previous calendar year for all covered employees regardless of the election made pursuant to subparagraph (VII) of paragraph (b) of this subsection (2). For a new employee leasing company, the initial bond amount is the unrated premium rate, as determined pursuant to section 8-76-102.5, multiplied by fifty percent of the estimated projected chargeable payroll for the current calendar year as estimated by the employee leasing company.
(B) Provide the most recent independently audited financial statement
prepared by a certified public accountant pursuant to generally accepted accounting principles, which statement may not be older than thirteen months. The audit shall also include items that demonstrate an accounting working capital of not less than one hundred thousand dollars. For the purposes of this sub-subparagraph (B), working capital of an employee leasing company means the employee leasing company's current assets minus the employee leasing company's current liabilities as determined by generally accepted accounting principles.
(C) Provide sufficient evidence on an annual basis that it has been accredited
by a bonded, independent, and qualified assurance organization approved by the director of the division that provides satisfactory assurance of compliance acceptable to the department.
(IV) The department may, at its discretion, require the employee leasing
company to provide evidence of compliance with sub-subparagraph (B) or (C) of subparagraph (III) of this paragraph (g) immediately.
(V) An employee leasing company shall, within fifteen days following any
deduction from a money deposit or sale of deposited securities, deposit sufficient additional moneys or securities to make whole the employee leasing company's deposit at the prior level. Any cash remaining from the department's sale of such securities shall be a part of the employee leasing company's escrow account. The department may, at any time, review the adequacy of the deposit made by any employee leasing company. If, as a result of such review, the department determines that an adjustment is necessary, it shall require the employee leasing company to make an additional deposit within thirty days after receipt of written notice of the department's determination or shall return to the employee leasing company such portion of the deposit as the department no longer considers necessary, whichever action is appropriate.
(VI) Upon filing an annual certification under this section, an employee
leasing company shall pay a fee, as determined by rule of the department, not to exceed five hundred dollars. Fees collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the employee leasing company certification fund, referred to in this section as the fund, which is hereby created in the state treasury. Moneys in the fund shall be subject to annual appropriation by the general assembly for implementation of this section. The moneys in the fund and interest earned on the moneys in the fund shall not revert to the general fund or be transferred to any other fund. No fee charged pursuant to this section shall exceed the amount reasonably necessary for the administration of this section.
(VII) The department shall maintain a list of employee leasing companies
that submit certifications required under paragraph (e) of this subsection (2) that is readily available to the public by electronic or other means.
(VIII) All records, reports, and other information obtained from an employee
leasing company under this section, except to the extent necessary for the proper administration of this section by the department, shall be held confidential and shall not be published or open to public inspection other than to public employees in the performance of their public duties, pursuant to provisions governing records and reports in this title.
(3) (a) The status of an employee leasing company as the employing unit or a
co-employer of a work-site employer's employees shall be revoked by the division if such employee leasing company fails to file the required reports or pay the premiums due under the provisions of articles 70 to 82 of this title. The effective date of a revocation shall be the first day of the quarter for which the reports and premiums are due. In the event of a revocation, the work-site employer shall become liable for the reports and premiums due.
(b) The provisions of paragraph (a) of this subsection (3) shall apply if any
portion of an employing unit's business activity can be characterized as an employee leasing company, as defined in subsection (2) of this section.
(c) The provisions of paragraph (a) of this subsection (3) shall not apply if an
employee leasing company acts as an agent for a work-site employer pursuant to the provisions of subsection (1) of this section, files the required reports, and pays the premiums due under an account established for the work-site employer.
(d) The provisions of paragraph (a) of this subsection (3) shall not apply to
any temporary help contracting firm, as defined in section 8-73-105.5. However, if any portion of such firm's business activity can be characterized as an employee leasing company, as defined in subsection (2) of this section, that portion of the firm's business shall be subject to the provisions of this subsection (3).
(4) An employee leasing company shall not report wages for any work-site
employer that would not otherwise be subject to articles 70 to 82 of this title.
(5) An employee leasing company or business management company shall
not report remuneration paid:
(a) For services performed by individuals who are clients and who are sole
proprietors or partners in a partnership; or
(b) For any other services which would not otherwise constitute employment
pursuant to articles 70 to 82 of this title.
(6) (a) Nothing in this section shall exempt a work-site employer or any
employee from any other licensing requirements imposed by local, state, or federal law. An employee who is licensed, registered, or certified by a unit of local, state, or federal government shall, for the purposes of such license, registration, or certification, be considered an employee of the work-site employer. An employee leasing company shall not be deemed to engage in any occupation, trade, profession, or other activity that is subject to licensing, registration, or certification requirements, or is otherwise regulated by a governmental entity, solely by entering into and maintaining an employee leasing company contract with a work-site employer or work-site employees who are subject to such requirements or regulation.
(b) Collective bargaining agreements. Nothing contained in this subsection
(6) or in any employee leasing company contract shall affect, modify, or amend any collective bargaining agreement, or the rights or obligations of any work-site employer, employee leasing company, or work-site employee under the federal National Labor Relations Act, 29 U.S.C. sec. 151 et seq., or the federal Railway Labor Act, 45 U.S.C. sec. 151 et seq.
(c) Tax or premium credits and other incentives. For purposes of
determination of employment-based tax or premium credits, such as economic development, enterprise zone, development zone, and other such economic incentives provided by the state or any other governmental entity, work-site employees shall be deemed employees solely of the work-site employer. A work-site employer shall be entitled to the benefit of any tax or premium credit, economic incentive, or other benefit arising as the result of the employment of work-site employees of the work-site employer. If the grant or amount of any credit, benefit, or other incentive is based on number of employees, then each work-site employer shall be treated as employing only those work-site employees coemployed by the work-site employer. Work-site employees working for other work-site employers of the employee leasing company shall not be counted. Upon request by a work-site employer or an agency or department of this state, each employee leasing company shall provide employment information reasonably required by any agency or department of this state responsible for administration of any tax or premium credit or economic incentive and necessary to support any request, claim, application, or other action by a work-site employer seeking the tax or premium credit or economic incentive.
(d) Disadvantaged business. With respect to a bid, contract, purchase order,
or agreement entered into with the state or a political subdivision of the state, a work-site employer's status or certification as a small, minority-owned, disadvantaged, or women-owned business enterprise or as a historically underutilized business is not affected because the work-site employer has entered into an employee leasing company contract or uses the services of an employee leasing company.
(e) Taxes, premiums, fees, other assessments. (I) A tax, premium, fee,
surcharge, penalty, or any other assessment on a work-site employer or employee leasing company on the basis of the number of employees shall be assessed:
(A) Against the work-site employer for the work-site employees under the
employee leasing company contract with the employee leasing company; and
(B) Against the employee leasing company for the employees of the
employee leasing company who are not work-site employees for any work-site employers in the state.
(II) For a tax or premium imposed or calculated upon the basis of total
payroll, an employee leasing company may apply any small business allowance or exemption available to the work-site employer for the work-site employees for purposes of computing the tax or premium.
(III) The provisions of this paragraph (e) shall not apply to the reporting,
withholding, and paying of taxes or premiums pursuant to subparagraphs (VI) and (VII) of paragraph (b) of subsection (2) of this section.
(7) Employment arrangements. Nothing in this section or in any employee
leasing company contract shall:
(a) Diminish, abolish, or remove rights of covered employees of a work-site
employer or obligations of such work-site employer to a covered employee existing prior to the effective date of the employee leasing company contract;
(b) Affect, modify, or amend any contractual relationship or restrictive
covenant between a covered employee and any work-site employer in effect at the time an employee leasing company contract becomes effective. Nor shall it prohibit or amend any contractual relationship or restrictive covenant that is entered into subsequently between a work-site employer and a covered employee. An employee leasing company shall have no responsibility or liability in connection with, or arising out of, any such existing or new contractual relationship or restrictive covenant unless the employee leasing company has specifically agreed otherwise in writing.
(c) Create any new or additional enforceable right of a covered employee
against an employee leasing company that is not specifically provided by the employee leasing company contract or this section.
(8) Prohibited acts and enforcement. (a) A person shall not offer or provide
employee leasing company services or use the names employee leasing company, professional employer organization, PEO, staff leasing, employee leasing, administrative employer, or other title representing employee leasing services without first obtaining certification from the department under this section.
(b) A person shall not knowingly provide false or fraudulent information to
the department in conjunction with any certifications or in any report required under this section.
(c) The executive director of the department may take disciplinary action
against an employee leasing company for a violation of paragraph (a) or (b) of this subsection (8), for the conviction in a court of law for a crime arising from the operation of an employee leasing company relating to fraud or deceit or the ability of the employee leasing company to operate as such, for knowingly making a material misrepresentation to the department or other governmental agency, or for a willful violation of this section or any order or rule issued by the department under this section.
(d) Upon finding, after notice and opportunity for hearing, that an employee
leasing company has violated one or more provisions of this section, the director of the division may:
(I) Place the certified employee leasing company on probation for a period
and subject to conditions that the director of the division specifies;
(II) Impose an administrative penalty in an amount not to exceed one
thousand dollars for each material violation; and
(III) Refuse to accept the certification and rescind the employee leasing
company's ability to make unemployment insurance contributions for work-site employees under its unemployment insurance account.
Source: L. 90: Entire section added, p. 591, � 3, effective April 3. L. 93: Entire
section amended, p. 705, � 1, effective May 6. L. 97: (2) to (4) amended and (6) added, p. 207, � 2, effective April 8. L. 98: (1) amended, p. 68, � 1, effective March 23. L. 99: (2)(b)(VIII) and (2)(e) amended and (2)(f) added, p. 146, � 1, effective March 25. L. 2007: (6) amended, p. 553, � 1, effective August 3. L. 2008: (2)(a), (2)(b)(VII), (2)(b)(VIII), and (2)(e) amended and (2)(g), (7), and (8) added, pp. 916, 920, �� 1, 2, effective August 5. L. 2009: (2)(b)(VI), (2)(b)(VII), IP(2)(g)(III), (2)(g)(III)(A), (3)(a), (3)(c), (6)(c), and (6)(e) amended, (HB 09-1363), ch. 363, p. 1879, � 5, effective July 1; IP(2)(b), (2)(b)(VII), and (2)(g)(III)(A) amended, (SB 09-258), ch. 250, p. 1123, � 1, effective August 5. L. 2010: (2)(b)(VII)(B) and (2)(b)(VII)(C) amended, (HB 10-1422), ch. 419, p. 2065, � 12, effective August 11. L. 2011: (2)(g)(III)(A) amended and (2)(g)(III)(A.5) added, (HB 11-1288), ch. 212, p. 926, � 9, effective July 1. L. 2012, 1st Ex. Sess.: (2)(g)(III)(A) amended, (HB 12S-1002), ch. 2, p. 2425, � 3, effective June 1. L. 2013: (2)(b)(VIII) amended, (HB 13-1266), ch. 217, p. 985, � 41, effective May 13. L. 2015: (2)(g)(VI) amended, (HB 15-1261), ch. 322, p. 1313, � 3, effective June 5; (2)(g)(IV) and (2)(g)(V) amended, (SB 15-264), ch. 259, p. 942, � 10, effective August 5. L. 2021: (1) amended, (HB 21-1204), ch. 73, p. 293, � 1, effective April 29.
Editor's note: (1) Amendments to subsections (2)(b)(VII) and (2)(g)(III)(A) by
Senate Bill 09-258 and House Bill 09-1363 were harmonized.
(2) Subsection (2)(g)(III)(A) provided for the repeal of subsection (2)(g)(III)(A),
effective December 31, 2012. (See L. 2012, p. 2425.)
Cross references: For the legislative declaration contained in the 1997 act
amending subsections (2) to (4) and enacting subsection (6), see section 1 of chapter 77, Session Laws of Colorado 1997.
C.R.S. § 8-70-115
8-70-115. Employment - Federal Unemployment Tax Act. (1) (a) Employment, subject to other provisions of this subsection (1), includes any service performed prior to January 1, 1972, which was employment as defined in this subsection (1) prior to such date and service performed after December 31, 1971, by an employee as defined in section 3306 (i) of the Federal Unemployment Tax Act and any service performed after December 31, 1977, by an employee, as defined in subsection (o) of section 3306 of the Federal Unemployment Tax Act, including service in interstate commerce.
(b) Notwithstanding any other provision of this subsection (1) and
notwithstanding the provisions of section 8-80-101, service performed by an individual for another shall be deemed to be employment, irrespective of whether the common-law relationship of master and servant exists, unless and until it is shown to the satisfaction of the division that such individual is free from control and direction in the performance of the service, both under his contract for the performance of service and in fact; and such individual is customarily engaged in an independent trade, occupation, profession, or business related to the service performed. For purposes of this section, the degree of control exercised by the person for whom the service is performed over the performance of the service or over the individual performing the service, if exercised pursuant to the requirements of any state or federal statute or regulation, shall not be considered.
(c) To evidence that such individual is engaged in an independent trade,
occupation, profession, or business and is free from control and direction in the performance of the service, the individual and the person for whom services are performed may either show by a preponderance of the evidence that the conditions set forth in paragraph (b) of this subsection (1) have been satisfied, or they may demonstrate in a written document, signed by both parties, that the person for whom services are performed does not:
(I) Require the individual to work exclusively for the person for whom
services are performed; except that the individual may choose to work exclusively for the said person for a finite period of time specified in the document;
(II) Establish a quality standard for the individual; except that such person
can provide plans and specifications regarding the work but cannot oversee the actual work or instruct the individual as to how the work will be performed;
(III) Pay a salary or hourly rate but rather a fixed or contract rate;
(IV) Terminate the work during the contract period unless the individual
violates the terms of the contract or fails to produce a result that meets the specifications of the contract;
(V) Provide more than minimal training for the individual;
(VI) Provide tools or benefits to the individual; except that materials and
equipment may be supplied;
(VII) Dictate the time of performance; except that a completion schedule and
a range of mutually agreeable work hours may be established;
(VIII) Pay the individual personally but rather makes checks payable to the
trade or business name of the individual; and
(IX) Combine his business operations in any way with the individual's
business, but instead maintains such operations as separate and distinct.
(d) A document may satisfy the requirements of paragraph (c) of this
subsection (1) if such document demonstrates, by a preponderance of the evidence, the existence of such factors listed in subparagraphs (I) to (IX) of paragraph (c) of this subsection (1) as are appropriate to the parties' situation.
(2) Where the parties use a written document pursuant to paragraph (c) of
subsection (1) of this section, such document may be the contract for performance of service or a separate document. Such document shall create a rebuttable presumption of an independent contractor relationship between the parties, where such document contains a disclosure, in type which is larger than the other provisions in the document or in bold-faced or underlined type, that the independent contractor is not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by the independent contractor or some other entity, and that the independent contractor is obligated to pay federal and state income tax on any moneys paid pursuant to the contract relationship.
(3) Where the parties use a written document pursuant to paragraph (c) of
subsection (1) of this section, and one of the parties is a professional whose license to practice a particular occupation under the laws of the state of Colorado requires such professional to exercise a supervisory function with regard to an entire project, such supervisory role shall not affect such professional's status as part of the independent contractor relationship.
(4) To improve the process of determining the classification of an individual
for purposes of this section, including any audits performed pursuant to section 8-72-107, the department shall:
(a) Develop guidance for employers on the factors specified in paragraph (c)
of subsection (1) of this section;
(b) Clarify the process by which an employer or individual may submit further
information in response to a determination by the department and prior to an appeal;
(c) Establish an individual to serve as a resource for employers by providing
guidance on:
(I) The proper classification of workers;
(II) Audit findings; and
(III) Options for curing or appealing an audit;
(d) Establish internal methods to improve the consistency among auditors;
and
(e) Establish an independent review of a portion of audit and appeal results
at least twice a year to monitor trends and make improvements to the audit process.
Source: L. 90: Entire section added, p. 592, � 3, effective April 3; entire
section R&RE, p. 1766, � 10, effective June 8. L. 91: Entire section amended, p. 1366, � 1, effective May 18; entire section amended, p. 1343, � 1, effective June 5. L. 2016: (4) added, (SB 16-179), ch. 275, p. 1138, � 2, effective August 10.
Editor's note: Amendments to this section by House Bill 91-1279 and Senate
Bill 91-238 were harmonized.
Cross references: For the legislative declaration in SB 16-179, see section 1
of chapter 275, Session Laws of Colorado 2016.
C.R.S. § 8-70-140.5
8-70-140.5. Employment does not include - drivers of taxis or limousines. (1) Employment does not include services performed by an individual who is working as a driver under a lease or contract with a taxi or limousine motor common carrier that holds a certificate pursuant to article 10.1 of title 40, C.R.S. Any such lease or contract may contain the following provisions:
(a) That the driver may either lease or contract for a motor vehicle owned by
such carrier or may own the motor vehicle driven and lease it to the carrier, which may then re-lease such motor vehicle to the driver;
(b) That the driver shall be instructed in the method of the carrier's
operation, that the driver is familiar with federal, state, and municipal statutes, ordinances, and regulations, and that the carrier shall enforce compliance by the driver with such federal, state, and municipal statutes, ordinances, and regulations;
(c) That certain enumerated transportation services shall be accomplished
personally by the driver;
(d) That certain characteristics on the body of the vehicle being used,
including color and requirements for any written displays, are required for the sake of uniformity;
(e) That certain periodic driver safety training is required;
(f) That the common carrier has certain control over any assistant working
with the driver for purposes of enforcement of and compliance with federal, state, and municipal statutes, ordinances, and regulations;
(g) That a specific number of hours is allotted in the form of shifts in which
the driver shall complete a particular shipment of goods for the purpose of meeting the transportation equipment needs of drivers and the transportation needs of the public;
(h) That certain procedures for radio telecommunication between drivers and
the carrier are mandated;
(i) That the driver shall work only for the carrier with whom such driver has
contracted while such driver is operating the motor vehicle;
(j) That the driver is prohibited from advertising any services offered while
driving for the carrier;
(k) That the carrier shall pay the driver's fees when the carrier accepts
charge vouchers from the driver for services rendered to customers by such driver;
(l) That such lease or contract may be terminated by any party to such lease
or contract; except that the driver may be required to complete an accepted trip; and
(m) That no length be specified for the term of such lease or contract.
(2) Leases or contracts containing the provisions specified in paragraphs (a),
(b), (e), (f), (g), (h), and (i) of subsection (1) of this section shall be prima facie evidence that an independent contractor relationship exists between the parties to such lease or contract. This presumption may be overcome by clear and convincing evidence of an employment relationship between the parties to such lease or contract considering only factors not in the lease. Leases or contracts containing other optional provisions specified in subsection (1) of this section shall not change the characterization of the relationship between the driver and the carrier pursuant to such lease or contract.
Source: L. 92: Entire section added, p. 1798, � 3, effective June 6. L. 2011:
IP(1) amended, (HB 11-1198), ch. 127, p. 416, � 5, effective August 10.
C.R.S. § 8-70-140.6
8-70-140.6. Employment does not include - nonprofit youth sports organization coach - definitions. (1) Employment does not include services performed by an individual as a coach for a nonprofit youth sports organization if:
(a) There is a written agreement between the nonprofit youth sports
organization and the coach that includes the following:
(I) A statement that the coach is an independent contractor and not an
employee of the nonprofit youth sports organization;
(II) A statement that the coach is not entitled to unemployment security
benefits in connection with his or her contract with the nonprofit youth sports organization; and
(III) A disclosure in bold-faced, underlined, or large type, in a conspicuous
location, and acknowledged by the parties that the parties have read and understand the disclosure indicating that the coach is an independent contractor rather than an employee of the nonprofit youth sports organization;
(b) The youth sports organization does not have the right to control the
means and methods by which the coach provides coaching services. For the purpose of determining whether the youth sports organization is exercising control, the analysis to determine if the coach is an employee does not include any requirement of a youth sports governing body.
(c) The coach is not economically dependent on income from part-time youth
sports coaching or is employed in a full-time covered employment position; and
(d) The services of the coach may not be terminated except for breach of the
agreement, failure to meet the requirements of a youth coach governing body, or failure to meet generally accepted standards of conduct within the industry.
(2) If it is demonstrated to the division that the requirements of subsection (1)
of this section are met, the coach shall be considered an independent contractor for the purposes of this section and not in covered employment or entitled to any benefits in accordance with the Colorado Employment Security Act, articles 70 to 82 of this title 8.
(3) As used in this section, unless the context otherwise requires:
(a) Coach means an individual who:
(I) Performs services pursuant to a written and signed contract that complies
with the requirements set forth in this section; and
(II) Performs coaching services fifteen hours or less in any consecutive
seven-day period.
(b) Nonprofit youth sports organization means an organization that is
exempt from federal taxation under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, and is primarily engaged in conducting organized sports programs for persons under twenty-one years of age.
(4) This section does not alter or diminish otherwise applicable exemptions
from covered employment for the following:
(a) Services performed in the employ of the state of Colorado, a political
subdivision, or an Indian tribe, or an instrumentality of the state, a political subdivision, or an Indian tribe if the service is excluded from employment as defined in the Federal Unemployment Tax Act, 26 U.S.C. sec. 3301 et seq.; or
(b) Services performed in the employ of a religious, charitable, educational,
or other organization that is excluded from employment as defined in the Federal Unemployment Tax Act.
Source: L. 2018: Entire section added, (HB 18-1303), ch. 383, p. 2304, � 1,
effective August 8.
C.R.S. § 8-70-140.7
8-70-140.7. Employment does not include - land professionals. (1) Employment does not include services performed for a private for-profit person or entity by a land professional, if:
(a) Substantially all remuneration paid in cash or otherwise for the
performance of the services is directly related to the completion by the land professional of the specific tasks contracted for rather than to the number of hours worked by the individual; and
(b) The services performed by the land professional are performed under a
contract between the land professional and the person or entity for whom the services are performed that provides that the land professional is to be treated as an independent contractor and not as an employee with respect to the services provided under the contract.
(2) For the purposes of this section, land professional means an individual
who has been engaged primarily in:
(a) Negotiating for the acquisition or divestiture of mineral rights;
(b) Negotiating business agreements that provide for the exploration for or
development of minerals;
(c) Determining ownership of minerals through the research of public and
private records; and
(d) Reviewing the status of title, acting to cure title defects, and otherwise
acting to reduce title risk associated with ownership of minerals, managing rights or obligations derived from ownership of interests in minerals, or unitizing or pooling of interest in minerals.
Source: L. 95: Entire section added, p. 177, � 1, effective April 7.
C.R.S. § 8-72-114
8-72-114. Employee misclassification - investigations - enforcement - advisory opinions - rules - employee misclassification advisory opinion fund - statewide study - report - definitions - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Misclassification of employees as independent contractors in violation of
the Colorado Employment Security Act and, in particular, the provisions of article 70 of this title defining the employment relationship, may pose a significant problem in this state and leads to underpayment of employment taxes and premiums that employers are obligated to pay the state for covered employment;
(b) Businesses that misclassify employees gain an unfair competitive
advantage over businesses that properly classify employees and pay appropriate taxes and premiums to the state;
(c) When employees are misclassified, the protections available to properly
classified employees against economic insecurity are unavailable to those misclassified employees, and the stream of revenue that should be paid to the state to provide protections to misclassified employees is not available.
(2) As used in this section:
(a) Act means the Colorado Employment Security Act.
(b) Complainant means the person who files a complaint with the division
pursuant to this section.
(c) Director means the director of the division.
(d) Repealed.
(e) Executive director means the executive director of the department of
labor and employment.
(f) Misclassification of employees means erroneously classifying a person
as an independent contractor, free from control and direction of the employer in the performance of service for the employer, when the employer cannot show an exception, pursuant to section 8-70-103 (11), to the general rule that service being performed for the employer is presumed to be employment for purposes of the act.
(g) Respondent means the person against whom a complaint is filed
pursuant to this section.
(3) (a) The division shall be responsible for accepting and investigating
complaints regarding misclassification of employees and enforcing the requirements of the act regarding classification of employees and payment of premiums.
(b) Any person may file a written complaint with the division alleging that a
person engaged in employment is being misclassified by an employer as an independent contractor. The complainant shall specify in the complaint the facts showing that the person classified as an independent contractor is engaged in employment, as defined in article 70 of this title.
(c) The director may investigate a complaint filed pursuant to this subsection
(3) and shall focus on the investigation of the most egregious complaints or those complaints alleging intentional acts of misclassification of employees undertaken in order to gain a competitive advantage or to avoid the payment of premiums.
(d) No later than thirty days after receipt of a complaint, the director shall
determine whether or not an investigation is warranted. If the director determines that an investigation is warranted, the director shall notify the complainant and respondent that an investigation will be conducted and shall conduct the investigation in accordance with the act and the rules adopted pursuant to the act. The complainant and respondent shall cooperate and provide information as necessary to facilitate the investigation.
(e) (I) Upon conclusion of an investigation, the director shall issue a written
order either dismissing the complaint or finding that the employer has engaged in the misclassification of employees and has failed to pay appropriate premiums for covered employment as defined in article 70 of this title.
(II) If the director finds that an employer has engaged in the misclassification
of employees, the director shall order the employer to pay back premiums owed and interest.
(III) Upon a finding that the employer, with willful disregard of the law,
misclassified employees, the director may:
(A) Impose a fine of up to five thousand dollars per misclassified employee
for the first misclassification with willful disregard, and for a second or subsequent misclassification with willful disregard, a fine of up to twenty-five thousand dollars per misclassified employee; and
(B) Upon a second or subsequent misclassification with willful disregard,
issue an order prohibiting the employer from contracting with, or receiving any funds for the performance of contracts from, the state for up to two years after the date of the director's order. Upon the issuance of such order, the director shall notify state departments and agencies as necessary to ensure enforcement of the order.
(IV) Fines received by the division pursuant to subsection (3)(e)(III) of this
section or by the department of law pursuant to subsection (9) of this section shall be transferred to the department of labor and employment and credited to the unemployment revenue fund created in section 8-77-106.
(f) The director shall provide a copy of the written order to the respondent.
Those portions of the written order that are not confidential under the act shall be a public record.
(g) An employer shall have the right to appeal the director's order in
accordance with section 8-76-113.
(4) (a) An employer may request a written advisory opinion from the director
concerning whether the employer should classify the individual as an employee for purposes of complying with the act. The employer shall provide the director with information necessary for the director to issue an advisory opinion.
(b) Upon receipt of a request and pertinent information from an employer,
the director shall issue an advisory opinion to the employer, indicating whether the employer should classify the individual as an employee in order to comply with the act. An opinion issued pursuant to this subsection (4) is only advisory, based on the information provided by the employer and the director's understanding of the circumstances at the time issued, and is not binding on the division, the employer, or any other state or local governmental entity.
(c) The director shall promulgate rules in accordance with article 4 of title
24, C.R.S., establishing the process for issuing an advisory opinion and the fees to be charged the requesting employer to cover the director's and division's costs in providing the advisory opinion. Any fees charged pursuant to this subsection (4) for the costs associated with issuing an advisory opinion shall be deposited in the employee misclassification advisory opinion fund, which fund is hereby created. Moneys in the employee misclassification advisory opinion fund shall be subject to annual appropriation by the general assembly for the purposes of this subsection (4). Interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.
(5) The director, by all means reasonable and within budgetary constraints,
shall publicize the complaint process established in this section and its availability to those who have discovered misclassification of employees. The director shall develop and make available free of charge to employers a notice explaining the rights of employees to be properly classified and the availability of a complaint process pursuant to this section. Employers shall post the notice conspicuously in the workplace or otherwise where it can be seen as employees come or go to their places of work.
(6) to (8) Repealed.
(9) (a) Subject to the approval of the executive director, the director may
enter into an interagency agreement with the department of law for assistance in enforcing this section. The director is authorized to transfer to the department of law from the unemployment revenue fund created in section 8-77-106 such money as is necessary to pay for reasonable costs associated with enforcement actions by the department of law.
(b) Regardless of whether the director has entered into an interagency
agreement with the department of law pursuant to subsection (9)(a) of this section, at least once every twelve months, beginning January 1, 2024, the director shall share with the worker and employee protection unit in the department of law created in section 24-31-1302 any orders issued pursuant to this section finding that any employers have engaged in the misclassification of employees.
Source: L. 2009: Entire section added, (HB 09-1310), ch. 406, p. 2238, � 1,
effective June 2. L. 2010: (1)(a), (1)(b), (3)(a), (3)(c), (3)(e)(I), (3)(e)(II), and (7)(c) amended, (HB 10-1422), ch. 419, p. 2065, � 13, effective August 11. L. 2012: (2)(c) amended and (2)(d) repealed, (HB 12-1120), ch. 27, p. 105, � 13, effective June 1. L. 2020: (3)(e)(IV) and (9) added, (SB 20-170), ch. 297, p. 1479, � 4, effective January 1, 2021. L. 2022: (9) amended, (SB 22-161), ch. 370, p. 2637, � 12, effective August 10.
Editor's note: (1) Subsection (8) provided for the repeal of subsections (6) to
(8), effective July 1, 2012. (See L. 2009, p. 2238.)
(2) The effective date for amendments to subsection (2)(c) and the repeal of
subsection (2)(d) by House Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012).
ARTICLE 73
Benefits - Eligibility - Disqualification
Cross references: For applicability of legislation that amends, repeals, or
adds to the provisions of this article on or after May 18, 1979, see � 8-70-143.
C.R.S. § 8-73-105.5
8-73-105.5. Employment by temporary help contracting firm. (1) (a) For the purposes of this section, temporary help contracting firm means any person who is in the business of employing individuals and, for compensation from a third party, providing those individuals to perform work for the third party, under the supervision of the third party.
(b) Repealed.
(2) Employment with a temporary help contracting firm is characterized by a
series of limited-term assignments of an employee to a third party, based on an agreement between the temporary help contracting firm and the third party. A separate employment agreement exists between the temporary help contracting firm and each individual it hires as an employee. Completion of an assignment for a third party by an employee employed by a temporary help contracting firm does not, in itself, terminate the employment agreement between the temporary help contracting firm and the employee.
(3) (Deleted by amendment, L. 94, p. 637, � 3, effective July 1, 1994.)
(4) At the time of hire a temporary help contracting firm shall provide written
notice to each employee which clearly states that the employee is required to contact the firm upon completion of an assignment.
(5) If an employee of a temporary help contracting firm receives the written
notice pursuant to subsection (4) of this section and does not contact the firm upon completion of an assignment in compliance with such written notice, such employee shall be held to have voluntarily terminated employment for purposes of determining benefits pursuant to section 8-73-108 (5)(e)(XXII).
(6) If an employee of a temporary help contracting firm contacts the firm
upon completion of an assignment in compliance with subsection (4) of this section and does not continue employment in a new assignment, such employee shall be considered separated under the provisions of section 8-73-108 (4)(a).
Source: L. 90: Entire section added, p. 606, � 2, effective April 16. L. 94:
Entire section amended, p. 637, � 3, effective July 1. L. 95: (1) amended, p. 776, � 2, effective July 1. L. 2001: (1)(b) repealed, p. 43, � 2, effective March 11.
C.R.S. § 8-73-116
8-73-116. Benefit recovery fund - recovery benefits - eligible individuals - third-party administrator - definitions - rules - access to personal information or tax data to administer fund - confidentiality requirements. (1) As used in this section:
(a) Department means the department of labor and employment.
(b) Eligible individual means an individual who, regardless of immigration
status:
(I) Has separated from employment through no fault of the individual due to
one or more of the factors outlined in section 8-73-108 (4);
(II) Received income from employment during a qualified base period or
alternative base period as defined in section 8-70-103;
(III) Attests that the individual is not currently receiving any state-administered wage replacement assistance;
(IV) Is not eligible for state-administered wage replacement assistance for
reasons related to the individual's authorization to work; and
(V) Has a pay stub or form W-2 to verify the individual's employment and
wage withholding.
(c) Fund means the benefit recovery fund created in subsection (2) of this
section.
(d) Recovery benefits means benefits calculated pursuant to subsection (5)
of this section.
(e) Third-party administrator means an entity with which the division
contracts to administer payments to eligible individuals from the fund pursuant to subsection (5) of this section.
(2) (a) There is hereby created in the state treasury the benefit recovery fund
to provide grants to a third-party administrator to provide payments to eligible individuals.
(b) The fund consists of:
(I) Money transferred to the fund pursuant to section 8-77-109 (2)(a); and
(II) Gifts, grants, and donations received by the department from any other
public or private organization or entity or individual and any interest earned on such gifts, grants, and donations.
(c) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(d) Money in the fund is continuously appropriated to the department for the
purposes of this section.
(e) (I) At the end of the 2024-25 state fiscal year, and at the end of each
state fiscal year thereafter, the state treasurer shall credit any money collected pursuant to this section that would cause the balance in the fund to exceed thirty million dollars, as adjusted annually by an amount equal to the change in the average weekly earnings prescribed in section 8-73-102, rounded to the nearest one hundred dollars and excluding any gifts, grants, or donations, to the unemployment compensation fund created in section 8-77-101 (1).
(II) The department may continue to solicit and accept gifts, grants, and
donations regardless of the fund balance.
(3) (a) Each quarter, to the extent allowed by the United States department
of labor employment training administration, the department shall allocate the money in the fund to one or more third-party administrators for the purpose of providing recovery benefits to eligible individuals. At a minimum, a third-party administrator must have experience building and operating financial benefit systems that are proven to be accessible and responsive to the target population.
(b) The department shall develop a process for contracting with third-party
administrators to provide recovery benefits to eligible individuals, and may develop guidance as necessary, including rules specifying the grant process for third-party administrators. The department shall select a third-party administrator within ninety days after May 25, 2022.
(c) A third-party administrator selected pursuant to subsection (2)(b) of this
section shall, within one hundred days after May 25, 2022:
(I) Provide outreach to unemployed individuals who may be eligible for
payments through the fund;
(II) Screen each applicant for recovery benefits to determine if the applicant
is an eligible individual; and
(III) Pay recovery benefits to eligible individuals.
(4) To receive recovery benefits, an eligible individual must apply to a third-party administrator with which the division has contracted.
(5) (a) A third-party administrator shall pay each eligible individual who is
totally unemployed in any week, with respect to that week, recovery benefits at a rate of fifty-five percent of the eligible individual's average weekly wage as determined from earnings data provided to the third-party administrator; except that the maximum weekly payment amount may not exceed the maximum weekly benefit amount for benefits as calculated pursuant to section 8-73-102 (2).
(b) If the recovery benefit amount is not an even dollar amount, the third-party administrator shall round the recovery benefit amount to the next lower full
dollar amount.
(c) An eligible individual may receive recovery benefits for a maximum of
thirteen weeks during the eligible individual's period of unemployment.
(6) If the fund balance is below five hundred thousand dollars, as adjusted
for the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood or its successor index, a third-party administrator shall suspend payments until the balance of the fund is equal to or greater than five hundred thousand dollars.
(7) (a) All personal information and documents collected are confidential, are
exempt from disclosure under the Colorado Open Records Act, part 2 of article 72 of title 24, and may be used or disclosed only for purposes of this section, except where necessary to comply with a court order.
(b) In carrying out the requirements of this section:
(I) The department and any contracted third-party administrator shall
establish procedures and safeguards against unauthorized access to and use of personal information collected pursuant to this section by any person, other than for the purpose of this section; and
(II) A third-party administrator shall not disclose that an individual has
applied for or is a recipient of recovery benefits to any person that is not administering the program.
(c) Notwithstanding section 39-21-113, the executive director of the
department of revenue may provide the Colorado office of new Americans, created in section 8-3.7-103, and any third-party administrator with any information obtained from any investigation conducted by the department of revenue or its agents or disclosed in any document, report, or return filed in connection with any of the taxes covered by article 21 of title 39 if such information is necessary for the administration of the fund. Any information provided to the Colorado office of new Americans or a third-party administrator pursuant to this subsection (7)(c) is confidential, and all employees of either the Colorado office of new Americans or a third-party administrator are subject to the limitations set forth in section 39-21-113 (4) and the penalties specified in section 39-21-113 (6).
Source: L. 2022: Entire section added, (SB 22-234), ch. 224, p. 1615, � 4,
effective May 25. L. 2023: (7)(c) added, (HB 23-1283), ch. 293, p. 1766, � 7, effective October 1, 2024. L. 2025: (2)(e)(I) amended, (SB 25-242), ch. 145, p. 547, � 4, effective April 28.
Cross references: For the legislative declaration in HB 23-1283, see section 1
of chapter 293, Session Laws of Colorado 2023.
ARTICLE 74
Claims for Benefits
Editor's note: This article was numbered as article 5 of chapter 82, C.R.S.
-
The substantive provisions of this article were repealed and reenacted in 1976, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1976, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated.
Cross references: For applicability of legislation that amends, repeals, or adds to the provisions of this article on or after May 18, 1979, see � 8-70-143.
C.R.S. § 8-83-107
8-83-107. Workforce development enterprise - creation - powers and duties - enterprise fund - fee - legislative declaration - definitions. (1) The general assembly finds and declares that:
(a) Employers in Colorado pay unemployment insurance premiums pursuant
to state law;
(b) Unemployment insurance premiums fund unemployment insurance
benefits paid to Colorado workers who have become unemployed through no fault of their own and are able and available to work;
(c) Paying unemployment benefits depletes Colorado's unemployment
compensation fund, which is funded exclusively by employer premiums;
(d) Providing workforce development services benefits employers
throughout Colorado by:
(I) Helping Colorado workers more quickly regain employment, thereby
reducing their need for unemployment benefits and keeping employers' unemployment premiums lower;
(II) Developing a more qualified workforce that can better meet the needs of
Colorado's businesses;
(III) Connecting Colorado employers with potential employees; and
(IV) Maintaining employers' customer bases by keeping the greatest number
of people steadily employed and able to purchase goods and services;
(e) The workforce development enterprise created in this section provides
valuable business services to employers by ensuring Colorado workers have access to workforce development services and access to Colorado's workforce development centers' services;
(f) By providing these services, the enterprise engages in an activity
conducted in the pursuit of a benefit, gain, or livelihood;
(g) Consistent with the determination of the Colorado supreme court in
Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, and, therefore, it is the conclusion of the general assembly that the revenue collected by the workforce development enterprise is generated by fees, not taxes, because the money credited to the enterprise is:
(I) For the specific purpose of allowing the enterprise to defray the costs of
providing the services specified in this section; and
(II) Collected at rates that are reasonably calculated based on the costs of
the services provided by the enterprise; and
(h) So long as the enterprise qualifies as an enterprise for purposes of
section 20 of article X of the state constitution, the enterprise's revenue is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b).
(2) As used in this section:
(a) Enterprise means the workforce development enterprise created in
subsection (3) of this section.
(b) Fund means the workforce development fund created in subsection (4)
of this section.
(3) The workforce development enterprise is created in the division. The
business purpose of the enterprise is to ensure Colorado workers have access to workforce development services and access to Colorado's workforce development centers. The workforce development enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution, so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3), the enterprise is not subject to section 20 of article X of the state constitution.
(4) The workforce development fund is created in the state treasury. Money
in the fund shall be used by the workforce development enterprise to engage in and support employment and training workforce initiatives throughout Colorado. The workforce development enterprise may deposit or permit others to deposit other money into the workforce development fund. The workforce development fund consists of the following:
(a) Twenty percent of the support surcharge collected pursuant to section 8-76-102.5 (3)(a)(IV);
(b) Any money appropriated to the fund by the general assembly;
(c) Any money granted to the enterprise from a federal agency for workforce
development purposes;
(d) Any money from bonds issued pursuant to subsection (6) of this section;
and
(e) Any gifts, grant, donations, or other money received by the enterprise.
(5) The enterprise may engage the services of contractors and consultants,
including the department of labor and employment and the attorney general's office, for professional and technical assistance and advice and to supply other services related to conducting the affairs of the enterprise.
(6) (a) The enterprise is authorized to issue revenue bonds for the expenses
of the enterprise, which bonds may be secured by any revenues of the enterprise. Revenue from the bonds issued pursuant to this subsection (6)(a) shall be deposited into the fund.
(b) The board of directors for the enterprise is as follows:
(I) The executive director of the department or the executive director's
designee;
(II) The director of the Colorado workforce development council or the
director's designee; and
(III) Ten members, one representing each local workforce council, appointed
by the executive director of the department.
(c) The board has the following powers and duties:
(I) To supervise the enterprise;
(II) To issue revenue bonds;
(III) To acquire, hold title to, and dispose of real and personal property as
necessary in the exercise of the board's powers and performance of the board's duties;
(IV) To enter into agreements with the department;
(V) To request the state treasurer to act as advisor to the fund to issue such
bonds and notes as are necessary to maintain adequate balances in the fund; and
(VI) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers and duties granted by this section.
(7) Except as provided in subsection (9) of this section, the state treasurer
shall credit all interest and income derived from the deposit and investment of money in the workforce development fund to the fund. Money in the fund shall not be credited or transferred to the general fund or any other fund at the end of the fiscal year.
(8) The general assembly shall appropriate the money in the workforce
development fund annually to the enterprise.
(9) (a) (Deleted by amendment, L. 2025.)
(b) At the end of the 2024-25 state fiscal year, and at the end of each state
fiscal year thereafter, the state treasurer shall credit any money collected pursuant to this section that would cause the balance in the fund to exceed six million eight hundred thousand dollars, as adjusted annually by an amount equal to the change in the average weekly earnings prescribed in section 8-73-102, rounded to the nearest one hundred dollars and excluding any gifts, grants, or donations, to the unemployment compensation fund created in section 8-77-101 (1).
Source: L. 2024: Entire section added, (HB 24-1409), ch. 318, p. 2129, � 4,
effective June 15. L. 2025: (4)(a) and (9) amended, (SB 25-242), ch. 145, p. 548, � 6, effective April 28.
Cross references: For the legislative declaration in HB 24-1409, see section 1
of chapter 318, Session Laws of Colorado 2024.
PART 2
CAREER ADVANCEMENT ACT
C.R.S. § 8-83-225
8-83-225. Colorado department of labor and employment - functions. (1) The department shall serve as the administrative entity for Title I money received and money received pursuant to Title III of the federal act. The department also is responsible for:
(a) Administering the statewide labor market information and fiscal systems
to the extent such systems pertain to activities under the federal act;
(b) Assisting in the establishment and operation of one-stop career centers
as requested by a local work force area;
(c) Disseminating lists of eligible training providers;
(d) Contracting and administering Title I moneys appropriated by the general
assembly in accordance with the federal act;
(e) With input from the applicable work force development areas, continuing
the centralized computer system that links work force development programs and includes training and technical support. A description of the state centralized system and procedures for developing, maintaining, and training must be included in the state plan required in section 8-83-209.
(f) Providing staff development and training services and technical
assistance to work force development areas.
(2) The department shall provide ongoing consultation and technical
assistance to each work force development area for the operation of work force investment programs.
(3) The department shall encourage work force investment areas to inform
individuals of the career possibilities in the field of nursing and the availability of practical nursing education programs.
(4) The department shall contribute education and workforce data beginning
in the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
Source: L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p.
102, � 6, effective June 1. L. 2016: IP(1), (1)(e), (1)(f), and (2) amended, (HB 16-1302), ch. 183, p. 646, � 28, effective May 19. L. 2024: (4) added, (HB 24-1364), ch. 238, p. 1560, � 10, effective May 23.
Editor's note: This section is similar to former � 8-71-223 as it existed prior to
2012.
C.R.S. § 8-83-505
8-83-505. Utility workforce transition plans - reemployment of affected workers. (1) Within thirty days after the approval to accelerate retirement of a generating unit by the utility's governing body and in no case less than six months before the retirement of an electric coal-fueled generating unit that has a nameplate capacity of at least fifty megawatts, the owner or operating agent of that unit shall submit to the office and to the affected community a workforce transition plan.
(2) To the extent practicable, a workforce transition plan must include
estimates of:
(a) The number of workers employed by the electric utility or a contractor of
the utility at the coal-fueled electric generating facility, which number must include all workers that directly deliver coal to the electric utility;
(b) The total number of workers whose existing jobs, as a result of the
retirement of the coal-fueled electric generating facility:
(I) Will be retained; and
(II) Will be eliminated;
(c) With respect to the workers whose existing jobs will be eliminated due to
the retirement of the coal-fueled electric generating facility, the total number and the number by job classification of workers:
(I) Whose employment will end without them being offered other
employment;
(II) Who will retire as planned, be offered early retirement, or leave on their
own;
(III) Who will be retained by being transferred to other electric generating
facilities or offered other employment by the electric utility; and
(IV) Who will be retained to continue to work for the electric utility in a new
job classification; and
(d) If the electric utility is replacing the coal-fueled electric generating
facility being retired with a new electric generating facility, the number of:
(I) Workers from the retired coal-fueled electric generating facility who will
be employed at the new electric generating facility; and
(II) Jobs at the new electric generating facility that will be outsourced to
contractors or subcontractors.
(3) This section does not apply to an electric coal-fueled generating unit
owned in whole or in part by a qualifying retail utility for which the qualifying retail utility, as that term is used in section 40-2-124, has submitted a workforce transition plan in an electric resource plan filed with the public utilities commission.
Source: L. 2019: Entire part added, (HB 19-1314), ch. 323, p. 2993, � 1,
effective May 28.
C.R.S. § 8-87-102
8-87-102. IMG assistance program - creation - services - report. (1) The IMG assistance program is established in the department to provide direct services to international medical graduates wishing to reestablish their medical careers in this state. The executive director shall contract with a third party to administer the assistance program and shall comply with the Procurement Code, articles 101 to 112 of title 24, in selecting and contracting with the third-party administrator.
(2) The assistance program must provide the following direct services to
program participants:
(a) Review the background, education, training, and experience of program
participants in order to recommend appropriate steps to enable program participants to integrate into the state's health-care workforce as physicians or to pursue an alternative health-care career;
(b) Provide technical support and guidance to program participants through
the credential evaluation process, including preparing for the USMLE and other applicable tests or evaluations;
(c) Provide scholarships or access to scholarships or funds for certain
program participants to help cover or offset the cost of the medical licensure process, including the costs of the credential evaluation process, preparing for the USMLE and other applicable tests or evaluations, the residency application process, and other costs associated with returning to a career in health care;
(d) In partnership with community organizations working with IMGs, develop:
(I) A voluntary roster of IMGs interested in entering the state's health-care
workforce as physicians, in order to assist in assistance program planning and administration, including making available summary reports that show the aggregate number and distribution, by geographic location and specialty, of IMGs in the state; and
(II) A voluntary roster of IMGs seeking alternative health-care careers in
order to support those IMGs in their integration into nonphysician health-care roles; and
(e) Provide guidance to IMGs to apply for medical residency programs or
other pathways to licensure.
(3) The executive director shall determine, with input from stakeholders and
after considering relevant research of the needs of the workforce and IMGs in Colorado, the eligibility criteria for participation in the program, any limits on the amount of direct services provided to an individual program participant, any caps on scholarship amounts available under the assistance program, and any other matters regarding the assistance program that the executive director deems necessary.
(4) (a) Within one year after implementation of the program and annually
thereafter, the third-party administrator shall submit a report to the executive director regarding the operation of the assistance program, including:
(I) The number of IMGs who participated in the program and their
demographics;
(II) The specific services provided to program participants, including the
number of program participants that received the service and the cost of providing the service;
(III) The total amount awarded to or accessed as scholarships or other funds
by program participants, including the amount of each scholarship or other funds awarded or accessed and the origination of the scholarship or funds;
(IV) The total cost of providing direct services under the assistance program;
and
(V) Any other information the third-party administrator deems appropriate or
the executive director requests.
(b) The report must not include any personally identifying information about
program participants.
(c) The executive director shall include the report as part of its report
pursuant to section 8-87-104.
Source: L. 2022: Entire article added, (HB 22-1050), ch. 379, p. 2691, � 2,
effective June 7.
C.R.S. § 8-87-103
8-87-103. Clinical readiness program - creation - administration - required components - participant qualifications - report. (1) The clinical readiness program is established in the department to assist IMGs admitted to the clinical program in building the skills necessary to become successful residents in the United States medical system. By January 1, 2023, the executive director shall contract with a Colorado-based medical school or ACGME-accredited residency program to serve as the program administrator responsible for developing, implementing, and administering the clinical program. The executive director shall comply with the Procurement Code, articles 101 to 112 of title 24, in selecting and contracting with a Colorado medical school or residency program to serve as the program administrator.
(2) (a) The program administrator must develop and implement the clinical
program by January 1, 2024. In developing and implementing the clinical program, the program administrator may consult and coordinate with stakeholders, including representatives from:
(I) State agencies, including:
(A) The Colorado medical board;
(B) The department of regulatory agencies;
(C) The department of higher education;
(D) The department of labor and employment;
(E) The department of public health and environment;
(F) The department of health care policy and financing; and
(G) The office of new Americans created in section 8-3.7-103;
(II) The health-care industry, including:
(A) Hospitals;
(B) Community providers; and
(C) Medical residency programs;
(III) Community-based organizations, including a community-based
organization serving immigrants and refugees;
(IV) Higher education institutions; and
(V) The IMG community.
(b) The clinical program must include at least the following elements:
(I) A mechanism for processing and assessing program applications;
(II) Program curriculum, including curriculum:
(A) Pertaining to the practice of one or more primary care specialties; and
(B) That provides inpatient and outpatient training opportunities combined
with community and classroom-based components to prepare program participants to match into and succeed in a United States residency program; and
(III) An assessment system to assess the clinical readiness of program
participants to serve in a United States residency program, including clinical readiness for the practice of one or more primary care specialties and additional assessments as resources are available.
(3) (a) The program administrator shall designate a program director, who
must be a physician licensed to practice medicine in this state.
(b) The program director shall:
(I) Develop an operating plan and budget for the clinical program;
(II) Develop and implement the curriculum for and assessments of program
participants for clinical readiness, except as provided in subsection (3)(c) of this section;
(III) Work with residency programs in the state to address barriers IMGs face
in securing residency positions in the state, including evaluating other methods for testing an IMG's clinical readiness, exploring alternatives to the requirement that an applicant for a residency position be a recent graduate of medical school, and developing rigorous clinical assessments and opportunities for IMGs to obtain in-depth clinical experience in the United States; and
(IV) Make reports and recommendations as required by subsection (7) of this
section.
(c) The program director may contract with an independent entity or a state
agency to conduct assessments of the clinical readiness of program participants.
(4) To qualify to participate in the clinical program, an applicant must:
(a) Be an IMG whose medical degree or qualifications have been evaluated
by a credentialing agency approved by the Colorado medical board and determined to be equivalent to a medical degree from an accredited medical school in the United States or Canada or a state or country with which Colorado has a reciprocal license agreement; and
(b) Have achieved a passing score on the USMLE step one and step two
examinations.
(5) Once a program participant completes the curriculum for the clinical
program, the program director or an entity with whom the program director contracts shall assess the program participant for clinical readiness for a residency program. If the program participant passes the assessment, the program director shall:
(a) Issue the program participant an industry-recognized credential of
clinical readiness; and
(b) Submit a report and recommendation to the administrator of the
assistance program and the department regarding the program participant.
(6) The program administrator shall allow an IMG who successfully
completes the clinical program to interview for a position in the program administrator's residency program.
(7) (a) By January 1, 2025, and by each January 1 thereafter, the program
director, in consultation with the Colorado medical board and other stakeholders, shall submit a report regarding the clinical program to:
(I) The executive director; and
(II) The executive director of the department of regulatory agencies.
(b) The report must include:
(I) Information about the operations of the clinical program, including the
number of IMGs who participated in and completed the clinical program; and
(II) Recommendations regarding:
(A) Changes to professional licensure requirements that promote the
increased utilization of IMGs in the state's health-care workforce; and
(B) The creation of a certification recognized by the department, the
department of higher education, or the United States department of labor.
(c) The report must not include any personally identifying information about
any program participant.
(d) The executive director shall include the report as part of its report
pursuant to section 8-87-104.
Source: L. 2022: Entire article added, (HB 22-1050), ch. 379, p. 2693, � 2,
effective June 7.
C.R.S. § 8-88-206
8-88-206. Sale of registration numbers for license plates - license to buy and sell - market for - royalty payment - administration - third-party contracting entity. (1) (a) The state or a person may sell, and the state or a person may purchase, the exclusive right to use a registration number selected by the committee under subsection (2) of this section for the purpose of registering a vehicle under article 3 of title 42.
(b) The right to use a registration number is a license, the use of which is
subject to compliance with this part 2. The duration of the license is determined by the committee.
(2) (a) The committee shall raise money by selling to a buyer the right to use
valuable letter and number combinations for a registration number.
(b) (I) The committee shall study the market to determine which registration
numbers are the most valuable. Based on the study, the committee shall select the most valuable registration numbers and request the department of revenue to verify whether plates with the registration numbers are currently issued. The committee and the department of revenue shall enter into an agreement establishing a process for requesting registration numbers, including specifying the frequency of these requests.
(II) Upon receiving the committee's request, the department of revenue shall
verify whether the plates are currently issued. For purposes of this subsection (2)(b), a plate that expires due to the operation of section 42-3-115 (5)(a) is considered currently issued until the expiration of the right of the owner of the motor vehicle to which the expired plate was affixed to apply to use the registration number of the expired plate when registering another motor vehicle. If the plate is not currently issued, the department of revenue shall reserve the registration number until the committee notifies the department of revenue to release the registration number.
(III) The committee shall establish a process for determining the value of all
configurations of registration numbers reserved by the committee. The pricing and manner of sale must follow the established process.
(IV) If a registration number is not currently issued, the committee may sell
the right to use the registration number in a manner calculated to bring the highest price; except that the department of revenue may deny the sale or use of a registration number that is offensive or inappropriate.
(3) (a) The committee shall raise revenue by creating a market, which may
include an online site, for the resale of license plate configurations of registration numbers using methods that are commercially reasonable, account for expenditures, and ensure the collection of the state's approval and transfer royalty.
(b) The royalty for the state's approval and transfer of the right to use a
registration number is twenty-five percent of the sale price of the transfer. At the time of sale, the purchaser shall pay the royalty to the committee. This payment is in addition to and not in lieu of the normal registration fees, sales or use taxes, or specific ownership tax.
(c) A person shall not sell a registration number, and the department of
revenue shall not assign a registration number, as a result of the right to use the number being sold to a vehicle unless the registration number was sold using the market created by the committee.
(4) (a) The committee shall notify the department of revenue when the right
to use a registration number has been sold and the committee has collected the state's sale proceeds or approval and transfer royalty. Upon receiving the notice, the department of revenue shall create a record in Colorado DRIVES, created in section 42-1-211, containing the name of the buyer; the vehicle identification number, if applicable; and the corresponding registration number.
(b) If the registration number consists of a combination of letters and
numbers that is not within the normal format of a license plate currently produced for the department of revenue, the department of revenue shall issue the plates as personalized plates under section 42-3-211; except that, notwithstanding section 42-3-211, the committee may sell, and the buyer or any subsequent buyer may use:
(I) A registration number or letter of one position; or
(II) Any symbol on the standard American keyboard or approved by the
committee.
(c) The committee shall transfer the money collected under this part 2 to the
state treasurer, who shall credit the money to the fund.
(d) The committee may contract with one or more public or private entities to
implement this part 2.
(e) Any revenue received by the committee from the sale of registration
numbers shall be deposited in the fund.
Source: L. 2024: Entire article added, (HB 24-1360), ch. 324, p. 2164, � 2,
effective July 1.
Editor's note: The provisions of this section are similar to several former
provisions of �� 24-30-2206, 24-30-2208, 24-30-2209, and 24-30-2210, as they existed prior to 2024. For a detailed comparison, see HB 24-1360, L. 2024, p. 2164.
C.R.S. § 9-1-106
9-1-106. Loss of life - penalty. If any lives are lost by reason of the willful negligence and failure to observe the provisions of this article, the person through whose default such loss of life was occasioned commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
Source: G.L. � 117. G.S. � 138. R.S. 08: � 433. C.L. � 5472. CSA: C. 26, � 7.
CRS 53: � 17-1-6. C.R.S. 1963: � 17-1-6. L. 72: p. 556, � 8. L. 77: Entire section amended, p. 869, � 20, effective July 1, 1979. L. 89: Entire section amended, p. 821, � 7, effective July 1. L. 2002: Entire section amended, p. 1467, � 22, effective October 1.
Editor's note: The effective date for amendments made to this section by
chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, � 21, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
Cross references: (1) For the crimes of manslaughter and criminally
negligent homicide, see �� 18-3-104 and 18-3-105.
(2) For the legislative declaration contained in the 2002 act amending this
section, see section 1 of chapter 318, Session Laws of Colorado 2002.
ARTICLE 1.3
Low-flow Plumbing Fixtures
9-1.3-101 to 9-1.3-106. (Repealed)
Editor's note: (1) This article was added in 1989. For amendments to this
article prior to its repeal in 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory explanatory note beginning on page vii in the front of this volume.
(2) Section 9-1.3-106 provided for the repeal of this article, effective
September 1, 2016. (See L. 2014, pp. 1878, 1880.)
Cross references: For current provisions regarding low-efficiency plumbing
fixtures and water and energy efficiency standards, see article 7.5 of title 6.
ARTICLE 1.5
Excavation Requirements
9-1.5-101. Legislative declaration. The purpose of this article is to prevent
injury to persons and damage to property from accidents resulting from damage to underground facilities by excavation. This purpose shall be facilitated through the creation of a single statewide notification system to be administered by an association of the owners and operators of underground facilities. Through the association, excavators shall be able to obtain crucial information regarding the location of underground facilities prior to excavating and shall thereby be able to greatly reduce the likelihood of damage to any such underground facility or injury to any person working at an excavation site.
Source: L. 81: Entire article added, p. 520, � 1, effective October 1. L. 93:
Entire article amended, p. 498, � 1, effective September 1.
9-1.5-102. Definitions. As used in this article 1.5, unless the context
otherwise requires:
(1) ASCE 38 means the standard for defining the quality of an underground
facility location as defined in the current edition of the American Society of Civil Engineers' Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data (CI/ASCE 38-02) or an analogous successor standard as determined by the safety commission.
(1.5) Damage includes the penetration or destruction of any protective
coating, housing, or other protective device of an underground facility, the denting or partial or complete severance of an underground facility, or the rendering of any underground facility inaccessible.
(2) Emergency situations includes ruptures and leakage of pipelines,
explosions, fires, and similar instances where immediate action is necessary to prevent loss of life or significant damage to property, including, without limitation, underground facilities, and advance notice of proposed excavation is impracticable under the circumstances.
(3) Excavation means any operation in which earth is moved or removed by
means of any tools, equipment, or explosives and includes augering, backfilling, boring, ditching, drilling, grading, plowing-in, pulling-in, ripping, scraping, trenching, hydro excavating, postholing, and tunneling. Excavation does not include:
(a) Routine maintenance on existing planted landscapes; or
(b) An excavation by a rancher or a farmer, as defined in section 42-20-108.5,
occurring on a ranch or farm when the excavation involves:
(I) Any form of existing agricultural activity that is routine for that ranch or
farm;
(II) Land clearing if the activity does not involve deep ripping or deep root
removal of trees or shrubs; or
(III) Routine maintenance of:
(A) An existing irrigation facility if the facility has been subjected to
maintenance in the previous twenty-four months; or
(B) Existing fence lines.
(3.4) Gravity-fed system means any underground facility that is not
pressurized and that utilizes gravity as the only means to transport its contents. These systems include sanitary sewer lines, storm sewer lines, and open-air irrigation ditches.
(3.7) Licensed professional engineer means a professional engineer as
defined in section 12-120-202 (7).
(4) Notification association or association means the statewide
notification association of owners and operators of underground facilities created in section 9-1.5-105.
(5) (a) Operator or owner means any person, including public utilities,
municipal corporations, political subdivisions, or other persons having the right to bury underground facilities in or near a public road, street, alley, right-of-way, or utility easement.
(b) Operator or owner does not include any railroad.
(6) Person means any individual acting on his or her own behalf, sole
proprietor, partnership, association, corporation, or joint venture; the state, any political subdivision of the state, or any instrumentality or agency of either; or the legal representative of any of them.
(6.5) Routine maintenance means a regular activity that happens at least
once per year on an existing planted landscape if earth is not disturbed at a depth of more than twelve inches by nonmechanical means or four inches by mechanical means and if the activities are not intended to permanently lessen the ground cover or lower the existing ground contours. Mechanical equipment used for routine maintenance tasks shall be defined as aerators, hand-held rototillers, soil injection needles, lawn edgers, overseeders, and hand tools.
(6.7) Subsurface utility engineering notification means a notice to the
notification association that a project is being designed by a licensed professional engineer and that the project will include the investigation and depiction of existing underground facilities that meet or exceed the ASCE 38 standard.
(6.8) Subsurface utility engineering-required project means a project that
meets all of the following conditions:
(a) The project involves a construction contract with a public entity, as that
term is defined in section 24-91-102;
(b) The project involves primarily horizontal construction and does not
involve primarily the construction of buildings;
(c) (I) The project:
(A) Has an anticipated excavation footprint that exceeds two feet in depth
and that is a contiguous one thousand square feet; or
(B) Involves utility boring.
(II) For purposes of this subsection (6.8)(c), the term two feet in depth does
not include rotomilling, and the contiguous one thousand square feet does not include fencing and signing projects.
(d) The project requires the design services of a licensed professional
engineer.
(6.9) Underground damage prevention safety commission or safety
commission means the enforcement authority established in section 9-1.5-104.2.
(7) Underground facility means any item of personal property which is
buried or placed below ground for use in connection with the storage or conveyance of water or sewage, electronic, telephonic, or telegraphic communications or cable television, electric energy, or oil, gas, or other substances. Item of personal property, as used in this subsection (7), includes, but is not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments thereto.
Source: L. 81: Entire article added, p. 520, � 1, effective October 1. L. 93:
Entire article amended, p. 498, � 1, effective September 1. L. 2000: (3) and (6) amended, p. 685, � 1, effective May 23. L. 2009: (2) and (3) amended and (6.5) added, (HB 09-1092), ch. 38, p. 151, � 1, effective August 5. L. 2018: IP, (1), and (3) amended and (1.5), (3.4), (3.7), and (6.7) to (6.9) added, (SB 18-167), ch. 256, p. 1561, � 1, effective August 8. L. 2019: (3.7) amended, (HB 19-1172), ch. 136, p. 1650, � 27, effective October 1.
9-1.5-103. Plans and specifications - notice of excavation - duties of
excavators - duties of owners and operators - fee - definition.
(1) (Deleted by amendment, L. 93, p. 499, � 1, effective September 1, 1993.)
(2) Architects, engineers, or other persons designing excavation shall obtain
general information as to the description, nature, and location of underground facilities in the area of such proposed excavation and include such general information in the plans or specifications to inform an excavation contractor of the existence of such facilities and of the need to obtain information thereon pursuant to subsection (3) of this section.
(2.4) At the project owner's expense, a licensed professional engineer
designing for a subsurface utility engineering-required project shall:
(a) Notify the notification association with a subsurface utility engineering
notification;
(b) Either:
(I) Meet or exceed the ASCE 38 standard for defining the underground
facility location in the stamped plans for all underground facilities within the proposed excavation area; or
(II) Document the reasons why any underground facilities depicted in the
stamped plans do not meet or exceed ASCE 38 utility quality level B or its successor utility quality level;
(c) Attempt to achieve ASCE 38 utility quality level B or its successor utility
quality level on all utilities within the proposed excavation area unless a reasonable rationale by a licensed professional engineer is given for not doing so; and
(d) Document the reasons why any underground facilities depicted in the
stamped plans do not meet or exceed ASCE 38 utility quality level A or its successor utility quality level for underground facilities at the point of a potential conflict with the installation of a gravity-fed system.
(2.7) An underground facility owner that receives a subsurface utility
engineering notification or other request for information from a designer shall respond to the request within ten business days after the request, not including the day of actual notice, in one or more of the following ways:
(a) Provide underground facility location records that give the available
information on the location, not to include depth, of underground facilities within the project limits;
(b) Provide a mark on the ground that gives the approximate location, not to
include depth, of its underground facilities within the project limits; or
(c) Provide the available information as to the approximate location, not to
include depth, of its underground facilities within the project limits.
(3) (a) (I) Repealed.
(II) Effective January 1, 2021, except in emergency situations, except as to an
employee or an employer's contractor with respect to the employer's underground facilities, and except as otherwise provided in subsection (3)(e) of this section, a person shall not make or begin excavation without first notifying the notification association. Notice may be given by electronic methods approved by the notification association or by telephone.
(b) Notice of the commencement, extent, and duration of the excavation
work shall be given at least two business days prior thereto not including the day of actual notice.
(c) (I) Any notice given pursuant to subsection (3)(b) of this section must
include the following:
(A) The name and telephone number of the person who is giving the notice;
(B) The name and telephone number of the excavator; and
(C) The specific location, starting date, and description of the intended
excavation activity.
(II) If an area of excavation cannot be accurately described on the locate
request, the excavator shall notify the owner or operator of the area of excavation using one or more of the following methods:
(A) Physical delineation with white marks on a hard surface area;
(B) Electronic delineation on a map, plan sheet, or aerial photograph that can
be transmitted electronically from the excavator to the facility owner or operator through the notification association; or
(C) Scheduling an on-site meeting between the excavator and the owner or
operator.
(d) An excavator requiring existing marked underground facilities to be
exposed may list a single secondary excavator on its notice to the notification association and employ the services of the listed secondary excavator to expose marked underground facilities using reasonable care to not damage the facilities. The secondary excavator may expose marked underground facilities under the excavator's notice to the notification association only if the excavator has complied with this subsection (3).
(e) (I) Notwithstanding any other provision of this article 1.5, excavation that
is routine or emergency maintenance of the right-of-way of a county-maintained gravel or dirt road and is performed by county employees does not require notification of the notification association unless the excavation will:
(A) Lower the existing grade or elevation of the road or any adjacent
shoulder or the designed and constructed elevation of any adjacent ditch flowline; or
(B) Disturb more than six inches in depth as it is conducted.
(II) As used in this subsection (3)(e), ditch flowline means the line running
the length of the bottom of a ditch so that water entering the ditch runs first to the line and thereafter down the line.
(4) (a) (I) Any owner or operator receiving notice pursuant to subsection (3) of
this section shall, at no cost to the excavator and within two business days, not including the day of actual notice, use reasonable care to advise the excavator of the location, number, and size of any underground facilities in the proposed excavation area, including laterals in the public right-of-way, by marking the location of the facilities with clearly identifiable markings within eighteen inches horizontally from the exterior sides of the facilities. The markings must include the depth, if known, and shall be made pursuant to the uniform color code as approved by the American Public Works Association. The markings must meet the marking standards as established by the safety commission pursuant to section 9-1.5-104.2 (1)(a)(I). The documentation required by this subsection (4)(a)(I) shall be provided to the excavator through the notification association and must meet or exceed any quality standards established by the safety commission pursuant to section 9-1.5-104.2 (1)(a)(I). In addition to the markings, the owner or operator shall provide for each of its underground facilities:
(A) Documentation listing the owner's or operator's name and the size and
type of each marked underground facility; and
(B) Documentation of the location of the underground facilities in the form of
a digital sketch, a hand-drawn sketch, or a photograph that includes a readily identifiable landmark, where practicable.
(II) A sewer system owner or operator shall provide its best available
information when marking the location of sewer laterals in the public right-of-way with clearly identifiable markings. Best available information includes tap measurements and historic records. If the sewer lateral can be electronically located, the sewer system owner or operator shall mark and document the location of the sewer laterals in accordance with this subsection (4)(a). If a sewer system owner or operator of a sewer lateral cannot electronically locate the sewer lateral, the excavator shall find the sewer lateral.
(III) The marking of customer-owned laterals in the public right-of-way is for
informational purposes only, and an owner or operator is not liable to any party for damages or injuries resulting from damage done to customer-owned laterals.
(IV) If a person is involved in excavating across a preexisting underground
facility, the owner of such facility shall, upon a predetermined agreement at the request of the excavator or the owner, provide on-site assistance. Any owner or operator receiving notice concerning an excavator's intent to excavate shall use reasonable care to advise the excavator of the absence of any underground facilities in the proposed excavation area by providing positive response documentation to the excavator through the notification association that no underground facilities exist in the proposed excavation area. An owner or operator shall, within the time limits specified in subsection (6) of this section, provide to the excavator evidence, if any, of underground facilities abandoned after January 1, 2001, known to the owner or operator to be in the proposed excavation area.
(b) The marking of underground facilities shall be considered valid so long as
the markings are clearly visible, but not for more than thirty calendar days following the due date of the locate request initiated pursuant to subsection (3) of this section. If an excavation has not been completed within the thirty-day period, the excavator shall notify the notification association at least two business days, not including the day of actual notice, before the end of the thirty-day period.
(b.5) Any person who willfully or maliciously removes a marking used by an
owner or operator to mark the location of any underground facility, except in the ordinary course of excavation, commits a petty offense.
(c) (I) (A) When a person excavates within eighteen inches horizontally from
the exterior sides of any marked underground facility, the person shall use nondestructive means of excavation to identify underground facilities and shall otherwise exercise reasonable care to protect any underground facility in or near the excavation area. When utilizing trenchless excavation methods, the excavator shall expose underground facilities and visually observe the safe crossing of marked underground facilities when requested to do so by the underground facility owner or operator or the government agency that issued a permit for the excavation.
(B) The excavator shall maintain adequate and accurate documentation,
including photographs, video, or sketches and documentation obtained through the notification association, at the excavation site on the location and identification of any underground facility and shall maintain adequate markings of any underground facility throughout the excavation period. A person shall not use a subsurface utility engineering notification for excavation purposes.
(II) (A) If the documentation or markings maintained pursuant to subsection
(4)(c)(I) of this section become lost or invalid, the excavator shall notify the notification association or the affected owner or operator through the notification association and request an immediate reverification of the location of any underground facility. Upon receipt of the notification, the affected owner or operator shall respond as quickly as is practicable. The excavator shall cease excavation activities at the affected location until the location of any underground facilities has been reverified.
(B) If the documentation or markings maintained pursuant to subsection
(4)(c)(I) of this section are determined to be inaccurate, the excavator shall immediately notify the affected owner or operator through the notification association and shall request an immediate reverification of the location of any underground facility. Upon receipt of the notification, the affected owner or operator shall respond as quickly as practicable. The excavator may continue excavation activity if the excavator exercises due caution and care to prevent damaging any underground facility.
(III) If a person performing routine maintenance discovers an underground
facility in the area where the routine maintenance is being performed, the person shall notify the notification association and the affected owner or operator as quickly as practicable and request an immediate verification of the location of any underground facility. Upon receiving notification, the affected owner or operator shall respond as quickly as practicable. The person shall cease routine maintenance activities in the immediate area, as determined by exercising due caution and care, until the location of any underground facilities has been verified.
(5) In emergency situations, excavators shall take such precautions as are
reasonable under the circumstances to avoid damage to underground facilities and notify affected owners or operators and the notification association as soon as possible of such emergency excavations. In the event of damage to any underground facility, the excavator shall immediately notify the affected owner or operator and the notification association of the location and extent of such damage.
(6) If documentation or markings requested and needed by an excavator
pursuant to subsection (4) of this section are not provided by the owner or operator within two business days, not including the day of actual notice, or such later time as agreed upon by the excavator and the owner or operator, or, if the documentation or markings provided fail to identify the location of the underground facilities, the excavator shall immediately give notice through the notification association to the owner or operator, may proceed with the excavation, and is not liable for such damage except upon proof of the excavator's lack of reasonable care.
(6.5) If positive response required pursuant to subsection (4) of this section
is not provided by the owner or operator within two business days, not including the day of actual notice, or by a later time as otherwise agreed upon in writing, the notification association shall send an additional renotification to that owner or operator. The notification association shall continue to send out renotifications daily until the notification association receives the positive response.
(7) (a) In the event of damage to an underground facility, the excavator,
owner, and operator shall cooperate to mitigate damages to the extent reasonably possible, including the provision of in-kind work by the excavator where technical or specialty skills are not required by the nature of the underground facility. Such in-kind work may be under the supervision and pursuant to the specifications of the owner or operator.
(b) If damage to an underground facility meets or exceeds the reporting
threshold as established by the notification association pursuant to paragraph (c) of this subsection (7), the owner or operator of the damaged underground facility shall provide the information listed in subparagraphs (I) to (VII) of paragraph (c) of this subsection (7) to the notification association within ninety days after service has been restored.
(c) The notification association shall create and publicize to its members a
reporting process, including the availability of electronic reporting and a threshold at which reporting is required, to compile the following information:
(I) The type of underground facility that was damaged;
(II) Whether notice of the intention to excavate was provided to the
notification association;
(III) Whether the underground facility had been validly marked prior to being
damaged;
(IV) The type of service that was interrupted;
(V) Repealed.
(VI) The duration of the interruption; and
(VII) The location of the area where the underground facility was damaged.
(d) The notification association shall include a statistical summary of the
information provided to it under this subsection (7) in the annual report required under section 9-1.5-105 (2.6).
(e) (I) On or before July 1 of each year, the notification association shall
prepare and submit to the safety commission an annual report for each owner or operator summarizing the following data from the prior calendar year:
(A) The number of locate requests submitted to the owner or operator
pursuant to subsection (4) of this section;
(B) The number of notices submitted to the owner or operator pursuant to
subsection (6) of this section;
(C) The percentage of locate requests resulting in notices submitted to the
owner or operator pursuant to subsection (6) of this section;
(D) The number of renotifications submitted to the owner or operator
pursuant to subsection (6.5) of this section; and
(E) The percentage of locate requests resulting in renotifications submitted
to the owner or operator pursuant to subsection (6.5) of this section.
(II) The notification association shall make the data in the annual report
electronically accessible to the safety commission for customized reports or research.
(8) A person who performs maintenance shall take reasonable care when
disturbing the soil.
(9) If damage results in the escape of any interstate or intrastate natural gas
or other gas or hazardous liquid, the excavator or person that caused the damage shall promptly report to the owner and operator and the appropriate authorities by calling the 911 emergency telephone number or another emergency telephone number. The reporting is in addition to any reporting required to be made to any state or local agency.
(10) All new underground facilities, including laterals up to the structure or
building being served, installed on or after August 8, 2018, must be electronically locatable when installed.
(11) Nothing in this article 1.5 affects or impairs any local ordinances or other
provisions of law requiring permits to be obtained before an excavation. A permit issued by a government agency does not relieve an excavator from complying with this article 1.5.
Source: L. 81: Entire article added, p. 521, � 1, effective October 1. L. 93:
Entire article amended, p. 499, � 1, effective September 1. L. 2000: (4)(a), (4)(c), (6), and (7) amended and (4)(b.5) added, p. 685, � 2, effective May 23. L. 2009: (4)(c)(III) and (8) added, (HB 09-1092), ch. 38, p. 152, �� 2, 3, effective August 5. L. 2018: (2.4), (2.7), (6.5), (7)(e), and (9) to (11) added, (3)(a), (3)(c), (3)(d), (4)(a), (4)(b), (4)(c)(I), (4)(c)(II), and (6) amended, and (7)(c)(V) repealed, (SB 18-167), ch. 256, p. 1563, � 2, effective August 8. L. 2021: (4)(b.5) amended, (SB 21-271), ch. 462, p. 3144, � 100, effective March 1, 2022; (3)(a)(II) and (4)(b) amended and (3)(e) added, (HB 21-1095), ch. 173, p. 948, � 1, effective June 1, 2022.
Editor's note: Subsection (3)(a)(I)(B) provided for the repeal of subsection
(3)(a)(I), effective January 1, 2021. (See L. 2018, p. 1563.)
9-1.5-104. Injunctive relief. (Deleted by amendment)
Source: L. 81: Entire article added, p. 522, � 1, effective October 1. L. 93:
Entire article amended, p. 502, � 1, effective September 1.
9-1.5-104.2. Underground damage prevention safety commission - creation
-
review of violations - enforcement - rules. (1) (a) There is created the underground damage prevention safety commission in the department of labor and employment. The safety commission is a type 2 entity, as defined in section 24-1-105. The safety commission shall:
(I) Advise the notification association and other state agencies, the general assembly, and local governments on:
(A) Best practices and training to prevent damage to underground utilities;
(B) Policies to enhance public safety, including the establishment and periodic updating of industry best standards, including marking and documentation best practices and technology advancements; and
(C) Policies and best practices to improve efficiency and cost savings to the 811 program, including the review, establishment, and periodic updating of industry best standards, to ensure the highest level of productivity and service for the benefit of both excavators and owners and operators; and
(II) Review complaints alleging violations of this article 1.5 involving practices related to underground facilities and order appropriate remedial action or penalties.
(b) The safety commission and the notification association shall enter into a memorandum of understanding to facilitate implementation and administration of this section and sections 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8. The memorandum of understanding must include provisions outlining the roles and responsibilities of the safety commission regarding statewide enforcement and the roles and responsibilities of the notification association in administering the notification association as outlined in section 9-1.5-105.
(c) Notwithstanding the powers and duties assigned to the safety commission, this section and section 9-1.5-104.4 do not apply to a home rule county, city and county, municipality, or power authority established pursuant to section 29-1-204 (1), and nothing in this article 1.5 authorizes the safety commission to impose a penalty on or enforce a recommendation or remedial action regarding an alleged violation of this article 1.5 against a home rule county, city and county, municipality, or power authority; except that:
(I) The safety commission shall:
(A) Inform a home rule county, city and county, municipality, or power authority of an alleged violation of this article 1.5; and
(B) At the request of the applicable home rule county, city and county, municipality, or power authority, suggest corrective action; and
(II) Nothing in this subsection (1)(c) prohibits a home rule county, city and county, municipality, or power authority from participating in proceedings of the safety commission.
(d) The governing body of a home rule county, city and county, municipality, or power authority established pursuant to section 29-1-204 (1) shall adopt by resolution, ordinance, or other official action either:
(I) Its own damage prevention safety program similar to that established pursuant to this article 1.5; or
(II) A waiver that delegates its damage prevention safety program to the safety commission.
(2) (a) The governor shall appoint the following fifteen members of the safety commission, taking into consideration nominations made pursuant to this subsection (2)(a), subject to consent by the senate:
(I) One individual nominated by Colorado Counties, Inc., to represent counties;
(II) One individual nominated by the Colorado Municipal League to represent municipalities;
(III) One individual nominated by the Special District Association of Colorado to represent special districts;
(IV) One individual nominated by Colorado's energy industry to represent energy producers;
(V) One individual nominated by the Colorado Contractors Association to represent contractors;
(VI) Two individuals nominated by the excavator members of the notification association to represent excavators;
(VII) One individual nominated by the American Council of Engineering Companies of Colorado to represent engineers;
(VIII) One individual nominated by investor-owner utilities to represent investor-owner utilities;
(IX) One individual nominated by the Colorado Rural Electric Association to represent rural electric cooperatives;
(X) One individual nominated by the Colorado Pipeline Association to represent pipeline companies;
(XI) One individual nominated by the Colorado telecommunications and broadband industry to represent telecommunications and broadband companies;
(XII) One individual nominated by the Colorado Water Utility Council to represent water utilities;
(XIII) One individual nominated by the department of transportation to represent transportation; and
(XIV) One individual nominated by the commissioner of agriculture who is actively engaged in farming or ranching.
(b) The governor shall make initial appointments by January 1, 2019. The members' terms of office are three years; except that the initial term of one of the members appointed pursuant to:
(I) Subsections (2)(a)(I) to (2)(a)(V) of this section is one year; and
(II) Subsections (2)(a)(VI) to (2)(a)(X) of this section is two years.
(c) Within six months after its creation, the safety commission shall adopt bylaws and provide for those organizational processes that are necessary to complete the safety commission's tasks.
(d) The safety commission may promulgate rules to implement this section and sections 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8 and may revise the rules as needed.
(3) The safety commission shall meet at least once every three months. The safety commission shall operate independently of the notification association; however, the notification association and the department of labor and employment shall provide administrative support to the safety commission in performing its duties as outlined in this section.
(4) The safety commission may review complaints of alleged violations of this article 1.5. Any person may bring a complaint to the safety commission regarding an alleged violation. A person who brings a frivolous complaint, as determined by the safety commission, commits a minor violation and is subject to a fine as authorized by section 9-1.5-104.4.
(5) To review a complaint of an alleged violation, the safety commission shall appoint at least three and not more than five of its members as a review committee. The review committee must include the same number of members representing excavators and owners or operators and at least one member who does not represent excavators or owners or operators. A safety commission member who has a conflict of interest with regard to a particular matter shall recuse himself or herself from serving on a review committee with regard to that matter.
(6) (a) Before reviewing a complaint, the review committee shall notify the person making the complaint and the alleged violator of its intent to review the complaint and of the opportunity for both parties to participate. The notification must include the hearing date for the complaint, which must be scheduled for a date within ninety days after the date on which the safety commission received the complaint, and a statement that the parties may submit written or oral comments at the hearing. The hearing date can be postponed by mutual agreement of the parties to a date that is acceptable to the review committee. The complaining party may voluntarily withdraw the complaint prior to a hearing by the review committee. The safety commission shall promulgate rules governing the conduct of hearings under this section.
(b) The review committee shall determine whether a violation of the law has occurred and, if appropriate, recommend remedial action consistent with the guidance developed pursuant to section 9-1.5-104.4 (2). A recommendation of remedial action that includes a fine requires a unanimous vote of the review committee. The review committee shall not recommend remedial action or a fine against a homeowner, rancher, or farmer, as defined in section 42-20-108.5, unless the review committee finds by clear and convincing evidence that a violation of the law has occurred. Within seven business days after the completion of the hearing, the review committee shall provide to the safety commission in writing a report of its findings of facts, its determination of whether a violation of the law has occurred, and any recommendation of remedial action or penalty.
(7) The safety commission is bound by the review committee's findings of fact and decision, but the safety commission may adjust the review committee's recommendation of remedial action or penalty if an adjustment is supported by at least twelve members of the safety commission. Within ten business days after the safety commission meeting to review the findings and recommendations of the review committee, the safety commission shall provide in writing to the person making the complaint and the alleged violator a summary of the review committee's findings and the safety commission's final determination with respect to any required remedial action or penalty. The decision of the safety commission is final agency action subject to review by the district court pursuant to section 24-4-106.
(8) If a decision by the safety commission involves a fine authorized by section 9-1.5-104.4, the safety commission shall invoice for and collect the fine indicating that a violation of this article 1.5 has been committed by a person or involving the underground facilities of a person. The safety commission may enforce the fine assessed under this article 1.5 as provided in section 24-30-202.4.
(9) (a) If a person does not comply with the safety commission's decision, the safety commission, represented by the attorney general, may enforce this article 1.5 by bringing an action in the Denver district court. In an action brought by the safety commission pursuant to this section, the court may award the safety commission all costs of investigation and trial, including reasonable attorney fees fixed by the court.
(b) Any costs incurred by the safety commission as a result of administering this article 1.5, including legal services, shall be paid from the safety commission fund created in section 9-1.5-104.8. Any costs and fees awarded by the court pursuant to this subsection (9) shall be deposited in the safety commission fund created in section 9-1.5-104.8.
Source: L. 2018: Entire section added, (SB 18-167), ch. 256, p. 1568, � 3, effective August 8. L. 2022: IP(1)(a) amended, (SB 22-162), ch. 469, p. 3386, � 96, effective August 10.
Editor's note: This section is repealed, effective September 1, 2028, pursuant to � 9-1.5-108.
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
9-1.5-104.3. Alternative dispute resolution. The notification association shall create a voluntary alternative dispute resolution program in consultation with its members and all affected parties. The alternative dispute resolution program must be available to all owners or operators, excavators, and other interested parties regarding disputes arising from damage to underground facilities, including any cost or damage incurred by the owner or operator or the excavator as a result of any delay in the excavation project while the underground facility is restored, repaired, or replaced, exclusive of civil penalties set forth in and fines assessed pursuant to section 9-1.5-104.4 or 9-1.5-104.5, that cannot be resolved through consultation and negotiation. The alternative dispute resolution program must include mediation, arbitration, or other appropriate processes of dispute resolution. The issue of liability and amount of damages under Colorado law may be decided by an appointed arbitrator or by the parties in mediation. Nothing in this section changes the basis for civil liability for damages.
Source: L. 2000: Entire section added, p. 687, � 3, effective May 23. L. 2018: Entire section amended, (SB 18-167), ch. 256, p. 1574, � 4, effective August 8.
9-1.5-104.4. Penalties - guidance. (1) A person who violates this article 1.5 is subject to a fine of not more than five thousand dollars for an initial violation and not more than seventy-five thousand dollars for each subsequent violation within a twelve-month period.
(2) In the performance of its duties regarding any complaint, the safety commission is encouraged to consider training, support services, or other remediation measures that will improve the behavior of the party and further the goals of this article 1.5 to ensure the safety of all participants and Coloradans. The safety commission shall develop guidance for the recommendation of remedial actions that are consistent with the following principles:
(a) Guidance shall be developed to help the review committee in determining whether an alleged violation should be classified as a minor, moderate, or major violation;
(b) Alternatives to fines may be considered, especially for a party that the safety commission has not found to be responsible for a violation in the previous twelve months; and
(c) In considering the appropriate remedial action, the safety commission may consider the number of violations relative to the number of notifications received.
(3) The maximum fines for the three different classifications of violations are as follows:
Number of violations within the previous twelve months
One Two Three Four
Minor $250 $500 $1,000 $5,000
Moderate $1,000 $2,500 $5,000 $25,000
Major $5,000 $25,000 $50,000 $75,000
(4) The following are not subject to a fine otherwise authorized pursuant to
this section:
(a) With regard to an excavation occurring on a ranch or farm, a rancher or a
farmer, as defined in section 42-20-108.5, unless the excavation is for a nonagricultural purpose; and
(b) With regard to a failure to notify the notification association or the
affected owner or operator and to damage to an underground facility during excavation, a homeowner, rancher, or farmer, as defined in section 42-20-108.5, working on the homeowner's, rancher's, or farmer's property.
Source: L. 2018: Entire section added, (SB 18-167), ch. 256, p. 1568, � 3,
effective August 8.
Editor's note: This section is repealed, effective September 1, 2028, pursuant
to � 9-1.5-108.
9-1.5-104.5. Civil penalties - applicability. (1) (a) Every owner or operator of
an underground facility in this state shall join the notification association pursuant to section 9-1.5-105.
(b) Any owner or operator of an underground facility who does not join the
notification association in accordance with paragraph (a) of this subsection (1) shall be liable for a civil penalty of two hundred dollars.
(c) (I) If any underground facility located in the service area of an owner or
operator is damaged as a result of such owner or operator's failure to comply with paragraph (a) of this subsection (1), the court shall impose upon such owner or operator a civil penalty in the amount of five thousand dollars for the first offense and up to twenty-five thousand dollars for each subsequent offense within a twelve-month period after the first offense. Upon a first offense, the owner or operator shall be required by the court to complete an excavation safety training program with the notification association.
(II) If any owner or operator fails to comply with paragraph (a) of this
subsection (1) on more than three separate occasions within a twelve-month period from the date of the first failure to comply with paragraph (a) of this subsection (1), then the civil penalty shall be up to seventy-five thousand dollars.
(d) If any underground facility is damaged as a result of the owner or
operator's failure to comply with paragraph (a) of this subsection (1) or failure to use reasonable care in the marking of the damaged underground facility, such owner or operator shall be presumably liable for:
(I) Any cost or damage incurred by the excavator as a result of any delay in
the excavation project while the underground facility is restored, repaired, or replaced, together with reasonable costs and expenses of suit, including reasonable attorney fees; and
(II) Any injury or damage to persons or property resulting from the damage
to the underground facility. Any such owner or operator shall also indemnify and defend the affected excavator against any and all claims or actions, if any, for personal injury, death, property damage, or service interruption resulting from the damage to the underground facility.
(2) (a) Any person who intends to excavate shall notify the notification
association pursuant to section 9-1.5-103 prior to commencing any excavation activity. For purposes of this paragraph (a), excavation shall not include an excavation by a rancher or a farmer, as defined in section 42-20-108.5, C.R.S., occurring on a ranch or farm unless such excavation is for a nonagricultural purpose.
(b) Any person, other than a homeowner, rancher, or farmer, as defined in
section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, who fails to notify the notification association or the affected owner or operator pursuant to paragraph (a) of this subsection (2) shall be liable for a civil penalty in the amount of two hundred dollars.
(c) (I) If any person, other than a homeowner, rancher, or farmer, as defined in
section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, fails to comply with paragraph (a) of this subsection (2) and damages an underground facility during excavation, such person shall be liable for a civil penalty in the amount of five thousand dollars for the first offense and up to twenty-five thousand dollars for each subsequent offense within a twelve-month period after the first offense. Upon a first offense, such person shall be required to complete an excavation safety training program with the notification association.
(II) If any person fails to comply with paragraph (a) of this subsection (2) on
more than three separate occasions within a twelve-month period from the date of the first failure to comply with paragraph (a) of this subsection (2), then the civil penalty shall be up to seventy-five thousand dollars.
(d) If any person, other than a homeowner, rancher, or farmer, as defined in
section 42-20-108.5, C.R.S., working on such homeowner's, rancher's, or farmer's property, fails to comply with paragraph (a) of this subsection (2) or fails to exercise reasonable care in excavating or performing routine maintenance and damages an underground facility during such excavation or routine maintenance, such person shall be presumably liable for:
(I) Any cost or damage incurred by the owner or operator in restoring,
repairing, or replacing its damaged underground facility, together with reasonable costs and expenses of suit, including reasonable attorney fees; and
(II) Any injury or damage to persons or property resulting from the damage
to the underground facility. Any such person shall also indemnify and defend the affected owner or operator against any and all claims or actions, if any, for personal injury, death, property damage, or service interruption resulting from the damage to the underground facility.
(e) Paragraph (d) of this subsection (2) shall not apply to a person who
commences excavation affecting an underground facility if the owner or operator of the underground facility has failed to comply with paragraph (a) of subsection (1) of this section or has failed to use reasonable care in the marking of the affected underground facility.
(3) (a) An action to recover a civil penalty under this section may be brought
by an owner or operator, excavator, aggrieved party, district attorney, or the attorney general. Venue for such an action shall be proper in the district court for the county in which the owner or operator, excavator, or aggrieved party resides or maintains a principal place of business in this state or in the county in which the conduct giving rise to a civil penalty occurred.
(b) Any civil penalty imposed pursuant to this section, including reasonable
attorney fees, shall be paid to the prevailing party.
(c) The penalties and remedies provided in this article 1.5 are in addition to
any other remedy at law or equity available to an excavator or to the owner or operator of a damaged underground facility, and sections 9-1.5-104.2 and 9-1.5-104.4, regarding the safety commission's enforcement authority, do not limit or restrict any other remedy at law or equity available to an excavator or to the owner or operator of a damaged underground facility.
(d) No civil penalty shall be imposed under this section against an excavator
or owner or operator who violates any of the provisions of this section if the violation occurred while the excavator or owner or operator was responding to a service outage or other emergency; except that such penalty shall be imposed if such violation was willful or malicious.
(4) Nothing in this article shall be construed to impose an indemnification
obligation on any public entity or to alter the liability of public entities as provided in article 1
C.R.S. § 9-5-106
9-5-106. Implementation plan. The builder of any project regulated by this article shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible units. Such plan shall clearly specify the number and type of units required and the order in which they are to be completed. Such implementation plan shall be subject to approval by the entity with enforcement authority in such project's jurisdiction. The implementation plan shall not be approved if more than thirty percent of the project is intended to be completed without providing a portion of accessible units required by section 9-5-105; except that, if an undue hardship can be demonstrated, or other guarantees provided are deemed sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shall be approved by the governmental unit responsible for enforcement before a building permit is issued.
Source: L. 2003: Entire article amended with relocations, p. 1421, � 1,
effective April 29.
ARTICLE 5.5
Elevator and Escalator
Certification
9-5.5-101. Short title. This article shall be known and may be cited as the
Elevator and Escalator Certification Act.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-102. Legislative declaration. The general assembly hereby declares
that in order to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern. Nothing in this article shall be construed to prevent a local jurisdiction from regulating conveyances.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-103. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) Accredited national conveyance association means a conveyance
association that is accredited to certify conveyance inspectors by a nationally recognized standards association, including, without limitation, ASME or ASCE.
(2) Administrator means the director of the division of oil and public safety
within the department of labor and employment or the director's designee.
(3) Approved local jurisdiction means a local jurisdiction that has been
approved by the administrator pursuant to section 9-5.5-112.
(4) ASCE means the American society of civil engineers or its successor.
(5) ASCE 21 means the American society of civil engineers automated
people mover standards published as ASCE standard number ASCE 21-96 as amended by ASCE.
(6) ASME means the American society of mechanical engineers or its
successor.
(7) ASME A17.1 means the safety code for elevators and escalators
published as A17.1 - 2000 Safety Code for Elevators and Escalators as amended by ASME international.
(8) ASME A17.3 means the safety code for elevators and escalators
published as A17.3 - 2002 Safety Code for Existing Elevators and Escalators as amended by ASME international.
(9) ASME A18.1 means the safety code for elevators and escalators
published as A18.1 - 2003 Safety Standard for Platform Lifts and Stairway Chairlifts as amended by ASME international.
(10) Certificate of operation means a document issued by the administrator
or an approved local jurisdiction for a conveyance indicating that the conveyance has been inspected by the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector and approved under this article.
(11) Conveyance means a mechanical device to which this article applies
pursuant to section 9-5.5-104.
(12) Conveyance contractor means a person who engages in the business
of erecting, constructing, installing, altering, servicing, repairing, or maintaining conveyances.
(13) Conveyance helper or apprentice means a person who works under the
general direction of a certified conveyance mechanic.
(14) Conveyance mechanic means a person who erects, constructs, installs,
alters, services, repairs, or maintains conveyances.
(15) Dormant conveyance means a conveyance that has been temporarily
placed out of service.
(15.5) Fund means the conveyance safety fund created in section 9-5.5-111
(2)(b).
(16) Licensee means a person who is licensed as a conveyance contractor,
conveyance mechanic, or conveyance inspector pursuant to this article.
(17) Local jurisdiction means a city, county, or city and county or any agent
thereof.
(18) Private residence means a separate dwelling, or a separate apartment
in a multiple-apartment dwelling, that is occupied by members of a single-family unit.
(18.5) Private residence conveyance means a powered passenger
conveyance that is limited in size, capacity, rise, and speed and is designed to be installed in a private residence or in a multiple-family dwelling as a means of access to a private residence.
(19) Single-family residence means a private residence that is a separate
building or an individual residence that is part of a row of residences joined by common sidewalls.
(20) Third-party conveyance inspector means a disinterested conveyance
inspector who is retained to inspect a conveyance but is not employed by or affiliated with the owner of the conveyance nor the conveyance mechanic whose repair, alteration, or installation is being inspected.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008. L.
2010: (10) amended and (18.5) added, (HB 10-1231), ch. 75, p. 254, � 1, effective August 11. L. 2025: IP amended and (15.5) added, (SB 25-275), ch. 377, p. 2035, � 34, effective August 6.
9-5.5-104. Scope. (1) Except as provided in subsection (2) of this section,
this article applies to the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following equipment:
(a) Hoisting and lowering mechanisms equipped with a car or platform that
moves between two or more landings. Such equipment includes elevators and platform lifts, personnel hoists, and dumbwaiters.
(b) Power-driven stairways and walkways for carrying persons between
landings. Such equipment includes, but is not limited to, escalators and moving walks.
(c) Automated people movers as defined in ASCE 21.
(2) This article 5.5 does not apply to the following:
(a) Material hoists;
(b) Manlifts;
(c) Mobile scaffolds, towers, and platforms;
(d) Powered platforms and equipment for exterior and interior maintenance;
(e) Conveyors and related equipment;
(f) Cranes, derricks, hoists, hooks, jacks, and slings;
(g) Industrial trucks within the scope of ASME publication B56;
(h) Items of portable equipment that are not portable escalators;
(i) Tiering or piling machines used to move materials between storage
locations that operate entirely within one story;
(j) Equipment for feeding or positioning materials at machine tools, printing
presses, and other similar equipment;
(k) Skip or furnace hoists;
(l) Wharf ramps;
(m) Railroad car lifts or dumpers;
(n) Line jacks, false cars, shafters, moving platforms, and similar equipment
used by a certified conveyance contractor for installing a conveyance;
(o) Conveyances at facilities regulated by the mine safety and health
administration in the United States department of labor, or its successor, pursuant to the Federal Mine Safety and Health Act of 1977, Pub.L. 91-173, codified at 30 U.S.C. sec. 801 et seq., as amended;
(p) Elevators within the facilities of gas or electric utilities that are not
accessible to the public;
(q) A passenger tramway as defined in section 12-150-103 (5);
(r) Conveyances in a single-family residence; or
(s) Stairway chair lifts as defined in ASME A18.1 - 2005.
(3) This article shall not be construed to prohibit a local jurisdiction from
regulating conveyances if the local jurisdiction has standards that meet or exceed the standards established by this article.
Source: L. 2007: Entire article added, p. 1414, � 1, effective January 1, 2008. L.
2010: IP(1), (1)(a), IP(2), (2)(q), and (2)(r) amended and (2)(s) added, (HB 10-1231), ch. 75, pp. 254, 255, �� 2, 3, effective August 11. L. 2019: IP(2) and (2)(q) amended, (HB 19-1172), ch. 136, p. 1650, � 28, effective October 1.
9-5.5-105. Similar or higher standards authorized. This article shall not be
construed to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this article if technical documentation demonstrates such equivalency or superiority.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-106. License required. (1) (a) A person shall not erect, construct, alter,
replace, maintain, remove, or dismantle a conveyance within a building or structure unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. A person shall not wire a conveyance unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. No other license shall be required for work described in this paragraph (a).
(b) A person shall not be required to be a certified conveyance contractor or
licensed conveyance mechanic to remove or dismantle conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and no access that endangers the safety of a person is permitted.
(c) A conveyance helper or apprentice shall not be required to be licensed
when working under the supervision of a licensed conveyance mechanic.
(2) A person shall not inspect a conveyance within a building or structure,
including but not limited to a private residence, for purposes of the issuance of a certificate of operation unless licensed as a conveyance inspector.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-107. License qualifications - contractor - mechanic - inspector. (1) (a)
To be licensed, a person shall apply solely with the administrator. An applicant shall not be licensed as a conveyance mechanic unless the applicant possesses a certificate of completion of a conveyance mechanic program as approved by the administrator.
(b) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant holds a valid license from another state having standards that, at a minimum, are substantially similar to those imposed by this article as determined by the administrator.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant:
(I) Has passed an examination, as determined by the administrator, on the
codes and standards that apply to conveyances; and
(II) Furnishes to the administrator acceptable evidence that the applicant
worked as a conveyance mechanic for at least three years without direct supervision.
(d) Repealed.
(2) (a) An applicant shall not be licensed as a conveyance inspector unless
the applicant is certified to inspect conveyances by a nationally recognized conveyance association.
(b) Repealed.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (2), an
applicant appointed or designated as a conveyance inspector shall qualify if the applicant is eligible to, and intends to, become nationally certified within one year. A license issued pursuant to this section shall expire upon the termination of employment with the local jurisdiction or after one year from the date of licensure, whichever occurs first. A license issued pursuant to this paragraph (c) shall not be eligible for renewal unless the applicant has obtained national certification.
(3) (a) A person who is not qualified to be a conveyance contractor shall not
be certified as a conveyance contractor.
(b) To qualify to be a certified conveyance contractor, an applicant shall
demonstrate the following qualifications:
(I) The applicant shall employ at least one licensed conveyance mechanic;
and
(II) The applicant shall comply with the insurance requirements in section 9-5.5-115.
(c) Repealed.
Source: L. 2007: Entire article added, p. 1416, � 1, effective January 1, 2008. L.
2008: (2)(c) added, p. 1996, � 1, effective July 1. L. 2010: (3)(c) repealed, (HB 10-1231), ch. 75, p. 255, � 4, effective August 11.
Editor's note: (1) Subsection (1)(d)(II) provided for the repeal of subsection
(1)(d), effective July 1, 2008. (See L. 2007, p. 1416.)
(2) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective
July 1, 2011. (See L. 2007, p. 1416.)
9-5.5-108. License - rules - issuance - renewal - fee. (1) (a) Upon the
administrator's approval of an application, the administrator shall license the conveyance contractor, conveyance mechanic, or conveyance inspector.
(b) The administrator shall promulgate rules requiring a conveyance
mechanic to obtain at least eight hours of continuing education every two years.
(2) (a) When an emergency exists in this state due to a disaster, act of God,
or work stoppage and the number of certified conveyance mechanics in the state is insufficient to deal with the emergency, a certified conveyance contractor may respond as necessary to assure the safety of the public. A person who, in the judgment of a certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision shall seek an emergency conveyance mechanic certification from the administrator within five business days after commencing work for which certification as a conveyance mechanic is required.
(b) The administrator shall issue emergency conveyance mechanic
certifications pursuant to paragraph (a) of this subsection (2). The certified conveyance contractor recommending a person for an emergency conveyance mechanic certification shall furnish such proof of the person's competency as the administrator may require.
(c) Each emergency conveyance mechanic certification shall be, and shall
state that it is, valid for sixty days after the date of issuance and for such particular conveyances or geographical areas as the administrator may designate. Such certification shall entitle the holder to the rights of a certified conveyance mechanic. The administrator shall renew an emergency conveyance mechanic certification during the existence of an emergency. No fee shall be charged for the issuance or renewal of an emergency conveyance mechanic certification.
(3) (a) A certified conveyance contractor shall notify the administrator when
there are no certified conveyance mechanics available to perform conveyance work. The certified conveyance contractor may request that the administrator issue a temporary conveyance mechanic certification to a person who, in the judgment of the certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision. Any such person shall immediately seek a temporary conveyance mechanic certification from the administrator and shall pay such fee as the administrator shall determine.
(b) Each such certification shall be, and shall state that it is, valid for thirty
days after the date of issuance and while employed by the certified conveyance contractor who certified the individual as qualified. The certification shall be renewable as long as there is a shortage of licensed conveyance mechanics.
(4) Except for certified inspectors who qualified during the immediately
preceding twelve months, the administrator shall not renew a certification issued under this section unless the person meets the qualifications for certification under section 9-5.5-107.
(5) The administrator shall establish and collect annual fees for licenses
issued pursuant to this section. The fees shall be in an amount to offset the direct and indirect costs of administering this article.
Source: L. 2007: Entire article added, p. 1417, � 1, effective January 1, 2008.
9-5.5-109. License discipline. (1) A certification issued pursuant to this
article may be suspended or revoked upon a finding by the administrator of any of the following:
(a) A false statement in the application concerning a material matter;
(b) Fraud, misrepresentation, or bribery in applying for certification;
(c) Failure to notify the owner or lessee of a conveyance and the
administrator or approved local jurisdiction, if any, of a condition not in compliance with this article; or
(d) A violation of any provision of this article or of any rule adopted pursuant
to this article.
(2) The suspension or revocation of a license shall be made as a result of a
notice of violation in accordance with section 8-20-104, C.R.S.
(3) The administrator shall not issue a license to a person whose license has
been revoked within the last two years.
Source: L. 2007: Entire article added, p. 1418, � 1, effective January 1, 2008. L.
2010: (1)(c) amended, (HB 10-1231), ch. 75, p. 255, � 5, effective August 11.
9-5.5-110. Accident reports. The owner shall report to the administrator or
an approved local jurisdiction, within twenty-four hours, any accident that results in serious injury to an individual.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008.
9-5.5-111. Registration of existing conveyances - conveyance safety fund -
created. (1) On or before August 1, 2008, the owner or lessee of every existing conveyance shall register the conveyance with the administrator. The registration shall include the type, rated load and speed, name of manufacturer, location, intended purpose for use, and such additional information as the administrator may require. Conveyances constructed or completed after July 1, 2008, shall be registered before they are placed in service.
(2) (a) The administrator shall set annual fees on conveyances for which the
administrator has issued the current certificate of operation in an amount necessary to offset the costs of registration and of the administration of this article in accordance with section 24-4-104, C.R.S.
(b) Fees collected pursuant to this article 5.5 shall be transmitted to the
state treasurer, who shall credit the same to the conveyance safety fund, which is hereby created in the state treasury. Moneys in the fund shall be subject to annual appropriation by the general assembly and shall be used to implement this article 5.5. The moneys in the fund and interest earned on the moneys in the fund shall not revert to the general fund or be transferred to any other fund.
(3) Repealed.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2015: (2)(b) amended, (HB 15-1261), ch. 322, p. 1313, � 4, effective June 5. L. 2020: (3) added, (HB 20-1406), ch. 178, p. 811, � 4, effective June 29. L. 2021: (3) repealed, (SB 21-266), ch. 423, p. 2795, � 6, effective July 2. L. 2025: (2)(b) amended, (SB 25-275), ch. 377, p. 2035, � 35, effective August 6.
9-5.5-112. Compliance - rules. (1) The administrator shall promulgate rules
for the construction, alteration, repair, service, and maintenance of conveyances. Except as provided in subsection (3) of this section, such rules shall conform to the following standards:
(a) ASCE 21;
(b) ASME A17.1;
(c) ASME A17.3; and
(d) ASME A18.1.
(2) (a) The administrator shall determine whether a local jurisdiction's
standards are equal to or greater than those of this article. If so, then the administrator shall enter into a memorandum of agreement with the local jurisdiction that approves the jurisdiction's authority to regulate conveyances.
(b) The administrator may establish a schedule for a local jurisdiction to
adopt updated standards, equaling or exceeding the standards imposed under subsection (1) of this section, which shall be adopted within a reasonable amount of time as needed for a local jurisdiction to update its standards.
(3) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the
administrator shall promulgate rules exempting a conveyance installed before July 1, 2008, from compliance with ASME A17.3 until approval is required by section 9-5.5-113 for substantial alteration or remodeling of the conveyance.
(II) The administrator shall, in cooperation with local jurisdictions,
promulgate rules that authorize the administrator or a local jurisdiction to require an elevator to comply with any portion of ASME A17.3 necessary to protect against a material risk to the public safety.
(b) In promulgating the rules required by subsection (1) of this section, the
administrator may adopt changes to the standards listed in subsection (1) of this section that the administrator deems to be in the public interest, including, without limitation, adopting modifications to, changing the applicability of, exempting conveyances from, changing inspector witnessing requirements of, and defining events that trigger the applicability of all or a portion of the standards.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2008: Entire section amended, p. 1996, � 2, effective July 1.
9-5.5-113. Conveyance - installation and repair - notice of construction and
initial inspection. (1) The owner or lessee of a conveyance shall not erect, construct, install, or alter a conveyance within a building or structure unless it conforms to the rules adopted by the administrator under this article and the work is performed by a certified conveyance contractor.
(2) The owner or lessee of a conveyance shall not erect, construct, or install
a conveyance within a building or structure unless a notice, including the construction plans, has been sent to the administrator or approved local jurisdiction at least thirty days prior to construction and the administrator or approved local jurisdiction has approved the construction.
(3) The owner or lessee of the property where a new or altered conveyance is
located shall not operate or permit it to be operated unless:
(a) The conveyance has passed an initial inspection conducted by the
administrator, approved local jurisdiction, or third-party inspector;
(b) The person conducting the inspection determines that the conveyance is
safe and complies with the rules adopted by the administrator or approved local jurisdiction; and
(c) The administrator or approved local jurisdiction has issued a certificate of
operation for the conveyance.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2010: Entire section amended, (HB 10-1231), ch. 75, p. 255, � 6, effective August 11.
9-5.5-114. Periodic inspections and registrations - rules. (1) (a) The
administrator shall promulgate rules requiring the owner or lessee of a conveyance to periodically certify that the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector has determined that the conveyance is safe and complies with the rules adopted by the administrator or approved local jurisdiction. Upon such certification, the administrator or approved local jurisdiction shall issue a certificate of operation for the conveyance.
(b) and (c) (Deleted by amendment, L. 2010, (HB 10-1231), ch. 75, p. 256, � 7,
effective August 11, 2010.)
(2) Upon request, the administrator shall provide notice to the owner of a
private residence where a conveyance is located with relevant information about conveyance safety requirements. The penalty provisions of this article shall not apply to private residence owners.
(3) The administrator shall promulgate rules requiring the owner of the
conveyance to have it periodically inspected by a third-party conveyance inspector and the periodic expiration of certificates of operation.
(4) The administrator shall promulgate rules allowing the continued
operation of a private residence conveyance that was installed prior to January 1, 2008, in a building that is not a single-family residence.
(5) The owner or lessee of a conveyance shall not permit the conveyance to
be operated unless the owner or lessee obtains a certificate of operation from the administrator or approved local jurisdiction.
(6) The owner or lessee shall pay a fee in an amount determined by the
administrator for a certificate of operation issued by the administrator. The administrator shall set the fee in accordance with section 24-4-103, C.R.S., to approximate the actual cost of issuing a certificate of operation.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2010: (1) amended and (4), (5), and (6) added, (HB 10-1231), ch. 75, p. 256, � 7, effective August 11. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1664, � 11, effective August 7.
9-5.5-115. Insurance. (1) Each conveyance contractor shall submit to the
administrator an insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence. In addition, a conveyance contractor shall submit evidence of the insurance coverage mandated by the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S.
(2) Certified conveyance inspectors shall submit to the administrator an
insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence.
(3) The administrator shall not certify a conveyance contractor or
conveyance inspector unless the applicant has delivered the policy, certified copy, or certificate of insurance required by this section in a form approved by the administrator. A certified conveyance contractor or conveyance inspector shall notify the administrator at least ten days before a material alteration, amendment, or cancellation of a policy is made.
(4) This section shall not apply to a local jurisdiction or the employee of a
local jurisdiction in the performance of the employee's official duties.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2008: (1) and (2) amended and (4) added, p. 1997, � 3, effective July 1.
9-5.5-116. Enforcement - rules. (1) The administrator may adopt rules to
administer and enforce this article. The administrator may use certified conveyance inspectors for any investigation of an alleged violation of the rules or this article. The administrator may appoint an advisory board to assist in the formulation of rules authorized by this section.
(2) A person may request an investigation into an alleged violation of the
rules or this article, or of a danger posed by any conveyance, by giving notice to the administrator of such violation or danger. Such notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request. Upon the request of a person signing the notice, such person's name shall not appear on any copy of such notice or any record published, released, or made available.
(3) Upon receipt of such notification, if the administrator determines that
there are reasonable grounds to believe that such violation or danger exists, the administrator shall investigate in accordance with this article to determine if such violation or danger exists. If the administrator determines that there are no reasonable grounds to believe that a violation or danger exists, the administrator shall notify the party in writing of such determination.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-117. Liability. This article shall not be construed to relieve or lessen
the responsibility or liability of a person owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing a conveyance for damages to person or property caused by a defect, nor does the state of Colorado assume any such liability or responsibility by the adoption or enforcement of this article.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-118. Criminal penalties. A person who violates section 9-5.5-106 or 9-5.5-111 commits a petty offense and, upon conviction, shall be punished as provided
in section 18-1.3-503.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008. L.
2021: Entire section amended, (SB 21-271), ch. 462, p. 3145, � 104, effective March 1, 2022.
9-5.5-119. Dangerous conveyance - administrative orders. (1) (a) If, upon
the inspection of a conveyance, the conveyance is found to be in a dangerous condition, an immediate hazard to those riding or using it, or designed or operated in an inherently dangerous manner, the certified conveyance inspector shall notify:
(I) The owner;
(II) The approved local jurisdiction; and
(III) If the conveyance is not within an approved local jurisdiction, the
administrator.
(b) Upon being notified pursuant to paragraph (a) of this subsection (1), the
administrator or approved local jurisdiction shall order such alterations or additions as may be deemed necessary to eliminate the danger.
(2) (a) In lieu of repairing or altering a dangerous conveyance pursuant to
subsection (1) of this section, an owner or a lessee may have the conveyance made dormant. A dormant conveyance shall not be used until it is made safe in compliance with this article. In order to qualify under this subsection (2), the owner or lessee of a dormant conveyance shall:
(I) Remove the fuses and lock the mainline disconnect switch in the off
position;
(II) Park the car and close and latch the hoistway doors;
(III) Have a certified conveyance inspector place a wire seal on the mainline
disconnect switch; and
(IV) Prevent the conveyance from being used.
(b) A conveyance shall not be made dormant for more than five years. Upon
making a conveyance dormant, a certified conveyance inspector shall report the fact to the administrator.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
9-5.5-120. Repeal of article. This article 5.5 is repealed, effective
September 1, 2031. Before the repeal, the functions of the administrator are scheduled for review in accordance with section 24-34-104.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
L. 2015: Entire section amended, (HB 15-1353), ch. 318, p. 1298, � 1, effective August 5. L. 2022: Entire section amended, (HB 22-1212), ch. 253, p. 1846, � 2, effective May 26.
ARTICLE 5.7
Amenities for All Genders in Public Buildings
9-5.7-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) It is a matter of statewide concern to promote the public welfare by
providing access to non-gendered restroom facilities that are convenient for people of all genders, including those outside the gender binary;
(b) The lack of adequate restroom facilities leads to unsafe and inequitable
conditions for Colorado children, families, and communities. Experts from health providers to faith leaders, including the occupational safety and health administration, stress the need for single occupancy non-gendered restrooms and multiple-occupant or multiple-stalled non-gendered restrooms to be accessible for all employees and individuals. The lack of accessibility to restroom facilities that are consistent with an individual's gender identity singles out those individuals and can result in experiences of harassment and cause those individuals to avoid restrooms entirely, which can lead to potentially serious physical injury or illness. Access to non-gendered restrooms has far-reaching benefits for parents caring for a child, including parents with young children who need to access a baby diaper changing station and individuals with disabilities who have a caretaker of a different gender to assist them.
(c) Men's restrooms and single-stall restrooms typically do not provide baby
diaper changing stations. This creates accessibility inequity for parents and care providers who do not identify as women or who may not be comfortable using women's restrooms and creates potential health and safety problems for babies. Without clean and safe baby diaper changing stations, these care providers may be forced to resort to unsafe and unsanitary locations, such as restroom floors, to change babies' diapers. Requiring equitable access to amenities in public restrooms would make it easier for parents and care providers of all genders to find a safe and suitable place to change babies' diapers. Providing safe, reliable, and clean baby diaper changing stations in all restroom facilities enables better caretaking for infants by all parents and care providers and safer conditions for infants.
(d) Requiring all single-stall restrooms to be designated for use by any
gender reduces wait times and increases comfort and accessibility for care providers and people receiving care, individuals with diverse gender expressions, and LGBT individuals. For LGBT individuals or individuals with diverse gender expressions, using gendered facilities can pose health and safety issues stemming from experiences of harassment and physical threats in gendered facilities regardless of which gendered facility they use or their physical presentation. Due to these experiences and associated stigma, some people avoid using public restrooms whenever possible and may refrain from eating, drinking, or relieving themselves for extended periods of time in order to avoid gendered facilities. Delaying or avoiding using the restroom can have physical health implications.
(e) The I.P.C. includes two amendments regarding non-gendered restrooms.
One amendment requires signage on single-stall restrooms to indicate that they are open to any user regardless of gender. The other amendment allows the creation of non-gendered multi-stall designs with shared sinks and each toilet in a private compartment.
(f) The I.P.C. also requires that single-stall restrooms be identified for use by
all individuals regardless of sex and allows for multi-user facilities to serve all genders. The Colorado state architect adopts codes for construction at all state-owned buildings and facilities and has adopted the 2021 edition of the international building code.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1438, � 1,
effective August 7. L. 2025: (1)(e) amended, (SB 25-275), ch. 377, p. 2036, � 36, effective August 6.
9-5.7-102. Definitions. As used in this article 5.7, unless the context
otherwise requires:
(1) Accessible to the public means any indoor or outdoor space or area that
is open to the public. This does not include private offices or workspaces that are generally not open to customers or public visitors.
(2) Certified historic structure means a property located in Colorado that
has been certified by the state historical society or an entity other than the owner of the property that is authorized, pursuant to section 24-80.1-105 (1), to nominate properties to the state register of historic properties as a historic structure because it has been:
(a) Listed individually on, or as a contributing property in a district included
within, the national register of historic places;
(b) Listed individually on, or as a contributing property in a district that is
included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(c) Listed individually by, or as a contributing property within a designated
historic district of, a certified local government.
(3) Gender-specific restroom means a restroom that is designated for use
by only one gender.
(3.4) I.P.C. means the International Plumbing Code, 2021 edition.
(4) LGBT individual means an individual who is a member of the lesbian,
gay, bisexual, transgender, and nonbinary community.
(5) Non-gendered multi-stall restroom means a restroom with multiple
toilets that is available for use by people of any gender, including a restroom with shared sinks but each toilet is in a private compartment.
(6) Non-gendered single-stall restroom means a restroom that is available
for use by people of any gender that is a fully enclosed room with a locking mechanism controlled by the user and contains a sink, toilet, and no more than one urinal.
(7) Public entity means a state department or state agency, a state
institution of higher education, as defined in section 23-18-102 (10), a county, a city and county, or a municipality. For purposes of this article 5.7, a state agency does not include any building owned and operated as an education facility by the department of education or a school district, charter school, or institute charter school.
(8) (a) Renovation of a restroom means construction to a restroom:
(I) For which a permit is required other than for a repair; and
(II) That includes changing the structure by:
(A) Increasing the square footage;
(B) Installing or modifying a plumbing or electric system;
(C) Adding, gutting, or removing exterior restroom walls; or
(D) Installing a heating, ventilation, or air conditioning system.
(b) For purposes of this section, renovation does not include repairs to or
replacement of fixtures or features of the restroom in order to restore something that is damaged, deteriorated, or broken in a restroom to its original function that does not meet the criteria described in subsection (8)(a) of this section.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1440, � 1,
effective August 7. L. 2024: (7) and (8) R&RE, (HB 24-1450), ch. 490, p. 3406, � 16, effective August 7. L. 2025: (3.4) added, (SB 25-275), ch. 377, p. 2036, � 37, effective August 6.
9-5.7-103. Restrooms - baby diaper changing stations - applicability -
signage - enforcement. (1) On and after January 1, 2024, a building that is wholly or partially owned by a public entity that is:
(a) Scheduled for renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station where a restroom is accessible to the public as follows:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is located in a restroom;
(b) A newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom on each floor where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a restroom accessible to the public and that includes:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is not located in a restroom.
(2) On and after July 1, 2025, a building that is wholly or partially owned by a
public entity that:
(a) Is accessible to employees or enrolled students and that is scheduled for
renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(b) Is a newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106.
(3) Beginning July 1, 2024, but no later than July 1, 2026, subject to available
appropriations for public entities that are a state agency, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned complies with the following signage requirements:
(a) Any restroom with a baby diaper changing station must have signage with
a pictogram void of gender that indicates the presence of the baby diaper changing station;
(b) Any non-gendered multi-stall restroom or single-gendered or non-gendered single-stall restroom must have signage with a pictogram void of gender;
(c) Each building that is accessible to the public must include signage at or
near the entrance to the building indicating the location of restrooms and baby diaper changing stations. If there is a central directory accessible to the public identifying the location of offices, restrooms, and other facilities in the buildings, that central directory must indicate with a pictogram void of gender the location of any baby diaper changing station and the location of any non-gendered multi-stall restroom or single-stall restroom.
(d) All buildings accessible to the public with non-gendered multi-stall
restrooms or non-gendered single-stall restrooms must update signage, if necessary, to include a pictogram void of gender.
(4) All restrooms subject to subsections (1) and (2) of this section shall
comply with the current ADA standards for accessible design set forth in 28 CFR 35, applicable to public entities and promulgated in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended.
(5) Subsections (1) and (2) of this section do not apply to the renovation of a
restroom or a newly constructed building project if:
(a) A local building permitting entity or building inspector determines that
the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section would result in a failure to comply with applicable building standards governing the right of access for individuals with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of this section under those circumstances, if there is documentation demonstrating that no alternative design is possible that complies with the right of access for individuals with disabilities and a good faith attempt has been made to design a restroom in a manner that would accommodate individuals with disabilities and the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section.
(b) The project has already progressed through the design review process,
budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of August 7, 2023; or
(c) The building is designated as a certified historic structure.
(6) Any employee with a designated workplace that is in a building wholly or
partially owned by a public entity who claims to be aggrieved by a discriminatory or an unfair practice as defined by part 4 of article 34 of title 24, including failure to comply with this article 5.7, may individually or through their attorney-at-law make, sign, and file with the Colorado civil rights division, created in section 24-34-302, a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice. The charge must set forth the particulars of the alleged discriminatory or unfair practice and contain any other information required by the Colorado civil rights division.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1441, � 1,
effective August 7. L. 2025: (5)(b) amended, (SB 25-300), ch. 428, p. 2439, � 6, effective August 6.
9-5.7-104. Restroom survey of state-owned buildings - priority of
modifications. (1) (a) The department of personnel shall complete a survey and provide it to the general assembly and the capital development committee determining the number and locations of signs that need to be replaced or modified pursuant to section 9-5.7-103 (3) for existing restrooms across all buildings wholly or partially owned by the state.
(b) For a building that is wholly or partially owned or leased by the state or a
state agency, if signage is needed at either the restroom location or the directory, a public entity that is a state agency or a state institution of higher education shall provide information on the number and locations of signs that need to be modified and may request state funding subject to available appropriations in order to comply with section 9-5.7-103 (3) to the state architect.
(2) The department of personnel shall provide an interim report to the
general assembly and the capital development committee by January 1, 2024, and a final report by July 1, 2024.
(3) For purposes of complying with section 9-5.7-103 (3), the department of
personnel
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)